The Hawaiian gazette., 1893-12-05
INTERNATIONAL 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 i?
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 sensational
We should think that it migbto
legitimately cause a sensatiediplo-
find a gentleman of SO mug SO little
matte experience, knoE% Mr.. Kas-
about international ID attack by the
son asserts that,on the Hawaiian
United Stateg without a previous
Governmepiaration of war, would be
public 5>of international piracy"
an sfays down the broad principle:
ar Among the civilized nations it is
1 universally admitted to be interna-
tional law that no war-like force can
be moved against any other recog-
nized foreign Government without a
| previous published declaration of war,
l ~ n ~ f1,r -irrI,A -, .f
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
and bridled ready for the
order to advance. Italy is said to
have been planning descent upon
France during the Toulon festivi-
ties.
In our own experience we car
ried on hostilities with France in
1883 without any declaration
Of war on either side, and we fought
two battles with Mexico before
Congress took acton. When the
declaration was issued it was put
n the form of statement of an
existing condition. Mr.. Kasson is
10 enamored of his theory that he
'eads it into the Constitution. He
asserts:
In respect to our own Government,
his international rule is made inn
)erative by the Constitution, which T
equires the declaration to be made by |
congress, which bars the idea of I
!:
This is not the way the law is s
Interpreted by the Courts. In the r
,ase of the Amy Wernick the rule Q
vas laid down: +
The United States may engage in n
var and have all the rights of bel il
igerent without any declaration by 7,
Sprague, 123.
But while there is no such thing e
g international piracy and a t,
alton has a perfect right to begin e
ostilities against another without G.
declaration of war, there is no "
oubt of the fact that under our fl
Congress is the war b
laking power, and the President d
as no right to take aggressive ac- d
on against any foreign country Il
-ithout its sanction. In the ar Il
hives of the State Department the al
resident and Secretary Gresham ia
ould have found abundant warn el
lg against the course they have dl
cen said to be pursuing. In 1851 b.
aniel Webster, then Secretary of az
writing about a Ha- pt
allan matter too-said: er
In the first place have to say that BY
lie war.making power in this Gov So
nment rests entirely with Congress, r.
Id that the President can authorize r
.lligerent operations only in the Oh
ses expressly provided for by the In
institution and the laws. By these be
} power is given to the Executive to fn
pose an attack by one independent -
ltion on the possessions of another. pi
e are bound to regard both France er
ID Hawaii as independent States,
I'd equally independent, and though 10,
II --.Ts a ~