Striking The Colors

IN INTERNATIONAL LAW

# "Colors. A national flag (or a Battle Ensign ). The colors . . . are hauled down as a token of submission." A Naval Encyclopedia (Philadelphia: L. R. Hamersly & Co., 1881), p. 148.
# International law absolutely requires a Ship Of War to fly its ensign at the commencement of any hostile acts, i.e., before firing on the enemy. H. W. Halleck, International Law; or, Rules Regulating the Intercourse of States in Peace and War (New York: D. Van Nostrand, 1861), pp. 402-405. During battle there is no purpose in striking the colors other than to indicate surrender.
# It was and is an offense to continue to fight after striking one's colors, and an offense to continue to fire on an enemy after he has struck his colors, unless he indicates by some other action, such as continuing to fire or seeking to escape, that he has not truly surrendered. It is for this reason that in an attempt to escape capture, since it does not engage the enemy in combat. C. John Colombos, The International Law of the Sea, 6th rev. ed., New York: David McKay Company, Inc., p. 781.
# In distinction to striking one's colors, hoisting a white flag, in itself, is not an indication of surrender. Rather, hoisting a white flag indicates a request for a truce in order to communicate with the enemy. A belligerent is not required to cease fighting if the enemy hoists a white flag. "A flag of truce cannot insist on being admitted, and should rarely be used during an engagement. . . . Firing is not necessarily to cease on the appearance of a flag of truce during an engagement, and should any person connected with it be killed, no complaint can be made. If however, the white flag should be exhibited as a token of submission, firing is to cease." A Naval Encyclopedia (Philadelphia: L. R. Hamersly & Co., 1881), p. 285.

UNDERSTOOD MEANING

# Nailing the colors to the mast is a traditional sign of defiance, indicating that the colors will never be struck, the ship will never surrender. Before going into battle against Continental Navy ship ''Bonhomme Richard'' (Capt. John Paul Jones ), on 23 September 1779 , Capt. Richard Pearson , RN , of HMS ''Serapis'' , with his own hands nailed the British ensign to the ensign staff and had to tear it down himself when surrendering.
# During the battle between Continental Navy ship ''Bonhomme Richard'' and HMS ''Serapis'', ''Bonhomme Richard''s ensign was shot away. When the captain of ''Serapis'' saw that the colors on ''Bonhomme Richard'' were down, he asked Jones if he had struck. Jones replied: "I have not yet begun to fight."
# In 1807 , when the captain of United States frigate ''Chesapeake'' refused to permit officers of HMS ''Leopard'' to search her for deserters from the Royal Navy, ''Leopard'' ranged along side ''Chesapeake'' and fired into her for ten minutes until ''Chesapeake'' struck her colors as a token of surrender. The British refused to accept the ship as a prize of war, the two nations being at peace. Log of U.S. Frigate ''Chesapeake'': "Having one Gun ready fired and haul'd down our Colours. the ''Leopard'' ceased firing and sent her Boat on board." The Naval War of 1812: A Documentary History, vol. 1, ed. William S. Dudley (Washington: Naval Historical Center, 1985), pp. 26-28.
# In 1811 , while the United States and Great Britain were at peace with each other, U.S. frigate ''President'' engaged HM sloop of war ''Little Belt''. John Rodgers , Captain of ''President'' reported to the Secretary Of The Navy , that "when perceiving our opponent's Gaff & Colours down . . . I . . . embraced the earliest moment to stop our fire and prevent the further effusion of blood." The Naval War of 1812: A Documentary History, vol. 1, ed. William S. Dudley (Washington: Naval Historical Center, 1985), pp. 44-49.
# On 29 July 1812 , at the start of the War Of 1812 , Lt. William M. Crane , USN, commanding officer of U.S. Brig ''Nautilus'' , reported his capture by a British squadron in these words: "the chaseing ship put her helm up hoisted a broad pendant and English colours and ranged under my lee quarter--unable to resist I was compelled to strike the Flag of the United States." The Naval War of 1812: A Documentary History, vol. 1, ed. William S. Dudley (Washington: Naval Historical Center, 1985), pp. 209-211.
# Captain David Porter , USN, of U.S. Frigate ''Essex'' reported the capture of HM brig ''Alert'' on 13 August 1812 in these words: "He avoided the dreadful consequences that our broad side would in a few moments have produced by prudentially striking his colours." The Naval War of 1812: A Documentary History, Vol. 1, ed. William S. Dudley (Washington: Naval Historical Center, 1985), pp. 443-446.
# On , RN, of ''Guerriere'' reported the surrender in these words: "When calling my few remaining officers together, they were all of opinion that any further resistance would be a needless waste of lives, I order'd, though reluctantly, the Colours to be struck." Ibid., pp. 243-245.
# The Journal of HMS ''Poictiers'' reports the capture of US sloop of war ''Wasp'' on 18 October 1812 as follows: "Fired Several Shot at the chase, Observed {Link without Title} hoist American Colours, . . . Shortnd sail, the chase having Struck her colours." The Naval War of 1812: A Documentary History, vol. 1, ed. William S. Dudley (Washington: Naval Historical Center, 1985), pp. 536-537.
# Captain William Bainbridge , USN, reported the surrender of HM frigate ''Java'' to USS ''Constitution'' on 29 December 1812 by the following minutes taken during the action: "At 4.5 Having silenced the fire of the enemy completely and his colours in main Rigging being [down Supposed he had Struck, Then hawl'd about the Courses to shoot ahead to repair our rigging, which was extremely cut, leaving the enemy a complete wreck, soon after discovered that The enemies flag was still flying hove too to repair Some of our damages. At 4.20 The Enemies Main Mast went by the board. At 4.50 [Wore ship and stood for the Enemy. At 5.25 Got very close to the enemy in a very [effective rakeing position, athwart his bows & was at the very instance of rakeing him, when he most prudently Struck his Flag." The Naval War of 1812: A Documentary History, vol. 1, ed. William S. Dudley (Washington: Naval Historical Center, 1985), pp. 639-644. Lt. Henry D. Chads, RN, of ''Java'', reported her surrender thus: "At 5:50 our Colours were lowered from the Stump of the Mizen Mast and we were taken possession a little after 6." Ibid., pp. 646-649.
# US sloop of war ''Hornet'' engaged HM brig sloop ''Peacock'' on 24 February 1813 . Badly damaged and sinking, ''Peacock'', as a sign of surrender, lowered her ensign, and as an additional sign of distress, hoisted an ensign union down from the fore rigging. Her main mast fell shortly after this signal of surrender. Her senior surviving officer thought it necessary to give an additional sign of surrender since her ensign had fallen into the water. He wrote, "I was compelled . . . to wave my Hat in acknowledgement of having struck the Ensign having fallen with the Gaff into the Water." The Naval War of 1812: A Documentary History, vol. 2, ed. William S. Dudley (Washington: Naval Historical Center, 1992), pp. 68-73.

Most of the information for this article was obtained from the Naval Historical Center and is in the Public Domain .

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Striking The Colors