valor preserve itself from
every stain of cruelty and the lustre of victory will not be tarnished
by inhuman and brutal actions."

[Sidenote: Codes and rules of nations.]

In addition to these authorities are the regulations and practices of
various Governments. In 1512 Henry VIII. issued instructions to the
Admiral of the Fleet which accord with our understanding of modern
international law. Such has been England's course since.

Substantially the same rules were followed in the Russian and Japanese
regulations, and probably in the codes or rules of many other nations.

The rules recognized and practiced by the United States, among other
things, provide:

"(10) In the case of an enemy merchantman it may be sunk, but only if it
is impossible to take it into port, and provided always that the persons
on board are put in a place of safety. (U. S. White Book, European War,
No. 3, p. 192.)"

[Sidenote: Humane principles in American wars.]

These humane principles were practiced both in the war of 1812 and
during our own war of 1861-65. Even with all the bitterness (now happily
ended and forgotten) and all the difficulties of having no port to which
to send a prize, Captain Semmes of the _Alabama_ strictly observed the
rule as to human life, even going so far as to release ships because he
could not care for the passengers. But we are not confined to American
and English precedents and practices.

While acting contrary to its official statements, yet the Imperial
German Government recognized the same rule as the United States, and
prior to the sinking of the _Lusitania_ had not announced any other
rule. The war zone proclamation of February 4, 1915, contained no
warning that the accepted rule of civilized naval warfare would be
discarded by the German Government.

Indeed, after the _Lusitania_ was sunk, the German Government did not
make any such claim, but in answer to the first American note in
reference to the _Lusitania_ the German Foreign Office, per von Jagow,
addressed to Ambassador Gerard a note dated May 18, 1915, in which,
inter alia, it is stated in connection with the sinking of the British
steamer _Falaba_:

[Sidenote: The _Falaba_ case.]

"In the case of the sinking of the English steamer _Falaba_, the
commander of the German submarine had the intention of allowing
passengers and crew ample opportunity to save themselves. It was not
until the Captain disregarded the order to lay to and took to fl