Striking the colors

"[1] 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.

[5][6] 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 ...

"[7] 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 chasing 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.

"[8] 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.

"[10] Captain James Richard Dacres, RN, of Guerriere reported the surrender of his ship, "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.

"[13] Lt. Henry D. Chads, RN, of Java, reported her surrender, "At 5:50 our Colours were lowered from the Stump of the Mizen Mast and we were taken possession a little after 6.

Since the loss of rigging hindered visibility, her senior surviving officer made another sign, "I was compelled ... to wave my Hat in acknowledgement of having struck[,] the Ensign having fallen with the Gaff into the Water.