Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Sherman to Mr. Storer.

Department of State,
Washington, February 7, 1898.

No. 104.]

Sir: Your dispatch No. 75, of the 5th ultimo, in further relation to the subject of the desecration, for advertising purposes, of the flag of the United States in the city of Antwerp, has been received.

The Department did not anticipate that any penal law of Belgium would be found applicable to the case, and, in the absence of any law on the part of the United States prohibiting the use of the national or any foreign flag for advertising purposes, it is not seen how the question can be effectively treated either under international law or as a matter of equitable comity between the two Governments.

While it is doubtless true as an abstract proposition that the Government of the United States might appear through its representative agencies as a party to a civil process for damages or as an applicant for a restraining order, just as the Belgian Government might do the same in the United States were the situation reversed, the adoption of such a course might possibly impose upon the Government resorting thereto the unfavorable precedent of an adverse decision. Whether it may hereafter appear advisable to institute such action might depend upon the extent of the abuse and the fact of injury resulting therefrom to the complaining Government. It might also be well to ascertain whether the use of the flag and arms of other countries for advertising purposes has at any time been restrained by the Belgian courts upon complaint made as suggested by the royal minister of justice. Until the matter shall be better understood, your suggested public notice through the several consular offices in Belgium that parties so using the national flag without authorization would be liable to legal proceedings in that country is not deemed advisable.

A recent incident in England involving much the same principle may suggest whether the matter may not be subject to some regulation by the authorities having charge of business and trade. A line of steamers plying between England and the United States under the British flag has for some years past used the United States union jack as its house flag. Upon inquiry being made by the ambassador in London the British board of trade intervened, in virtue of its authority in matters of shipping and navigation, and I am just informed that the line in question has been constrained to adopt another distinctive house flag.

Respectfully, yours,

John Sherman.