There is, of course, no doubt as to the right to make prize of an enemy ship on the high seas, and, under certain conditions, to destroy her, and equally no doubt of the obligation to safeguard the lives of all persons aboard, whether passengers or crew. Two quotations from a long list of authorities may be given for convenience, one stating the rule and the other the attitude which obtains among civilized Governments. Oppenheim sets forth as among violations of the rules of war: "(12) Attack on enemy merchantmen without previous request to submit to visit." The observation in Vattel's "Law of Nations" is peculiarly applicable to the case of the _Lusitania_: "Let us never forget that our enemies are men. Though reduced to the disagreeable necessity of prosecuting our right by force of arms, let us not divest ourselves of that charity which connects us with all mankind. Thus shall we courageously defend our country's rights without violating those of human nature. Let our 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.