The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-12-02
:" INTERNATION PIRACY
Some Features of the Hawaiian
Matter.

In every foreign complication we
are always blessed with the views
OF the diplomatic expert" whose
startling opinions are conveyed to
US in the dispatches with bated
breath. Dear old expert-what
should we do without him ?
The Hawaiian row has brought
him forward again in the person OF
John A. Kasson, formerly Ameri-
can Minister to Austria and later
to Germany. Mr.. Kasson is called
one of the best-known interna-
tional lawyers in Washington" and
his opinion on Hawaiian matters
Is said to have caused a sensation.
We should think that it might
legltimately cause a sensation to
ind gentleman of so much diplo-
matte experience, knowing so little
about international law. Mr.. Kas-
son asserts that an attack by the
United States on the Hawaiian
government, without a previous
public declaration of war, would be
an act Of international piracy"
ana lays down the broad principle:
Among. the civilized nations it is
universally admitted to be interna-
tional law hat no war-Iik force can
be moved agaE.st any other recop-
niZed foreign Government without a
previous published declaration Of war,
except where danger to the rights of
the attacking Government or its citi-
zens Is so imminent as to admit of no
delay.
If this proposition were reversed
it would be more nearly in accord
ance with the facts. Among all
the discordant opinions concerning
the next great European war there
is one point upon which there is
universal agreement, and that is
that it will break out without a
formal declaration, and that the
first thing the world will hear of
the outbreak of hostilities will be
the news that the armies of one
Power have poured across the from
tier of another. Every military
nation in Europe is jockeying for
position in order to be able to get
across the line first when the time
comes. During the Schnaebele
crisis between France and Ger
many the soldiers of the German
cavalry near the frontier stayed up
all of one night with their horses
saddled and bridled ready for the
order to advance. Italy is said to
have been planning a descent upon
France during the Toulon festivi-
ties.
In our own experience we car
ried on hostilities with France in
179S-99 without any declaration
of war on either side, and we fought
two battles with Mexico before
Congress took acton. When the |
was issued it was put
in the form of statement of an
Existing condition. Mr.. Kasson is
30 enamored of his theory that he
reads it into the Constitution. He
asserts:
In respect to our own Government, |
this International rule is made inn |
perative by the Constitution, which |
requires the declaration to be made by |
Congress, which bars the idea of |
secrecy.
This is not the way the law is
interpreted by the Courts. In the !
case of the Amy Wernick the rule
was laid down:
The United States may engage in |
war and have all q rights of a bel |
ligerent without any declaration by |
Sprague, l23.
But while there is no such thing |
as international piracy" and a
nation has a perfect right to begin
hostilities against another without |
a declaration Of war, there is no
doubt of the fact that under our
Congress is the war
making power, and the President
has no right to take aggressive &C
ton against any foreign country
without its sanction. In the ar
chives of the State Department the
President and Secretary Gresham
could have found abundant warn
ing against the course they have
been said to be pursuing. In 1851
baulcI w COSbOlf bhCh OSSANeSA. ~
writing about a Ha-
waiian matter too-sa1d:
In the first place have to say that
the war-lnaking power in this Gov
eminent rests entirely with Congress,
and that the President can authorize
belIigerent operations only in the
cases expressly provided for by the
and the laws. By these
no power is given to the Executive to
oppose an attack by one independent
nation on the possessions of another.
We are bound to regard both France
and Hawaii as independent States,
and equally independent, and though
the general policy of the Government
might lead it to take part with either
in a controversy with the other still! II
this interference be an act of hostile
force, it is not within the constitu-
tionaI power of the President, and
still less is it within the power of any
subordinate agent or Government
civil or military.
Again, when England in 1857 de-
sired to draw the United States in
TO hostile operations against China.
Secretary Cass wrote to Lord Nap
Ter: