The times., 1898-02-22
HOW WAR IS DECLARED
America Has Resorted to For
mality But Once.
TEXT OF THE PROCLAMATION
An Enemy's Vessels in Our Harbor
Before Hostilities Begin Must Be
Given Safe Conduct to the High
Seas-There Was No Declaration
I'm 1876.

But once in the history of the United
States has there been a formal declara-
ton of war. Congress alone. has the
] power to declare war under the ConStitu-
ton, and that act is performed by stat
utory enactment.
A limited declaration was made in 179S
when France was operating against our
commerce and levying unjust dues
against our vessels in her ports This
was during the days of the height of the
power of Napoleon. Congress then pass
ed an act authorizing the President to
raise provisional army and navy, it
being the intention to use 1t against
! France unless that nation" ceased its op-
preston. The grievances complained of
were stopped and the trouble was settled
through treaty that was then nego-
! tiated.
The war with Great Britain in 1872 af-
! fords the only instance of direct dec
laration. The aggressions of Great Brit
ain became uncomfortable and after a pro-
! tracted and bitter debate in both houses,
! and after the most violent opposition.
!
! the following act, which was on the same
I day approved by President James Madi-
son:
BE it enacted, etc. That war be. and
/ the same is hereby declared to exist be-
| tween the United Kingdom of Great Brit
! ain and Ireland and the dependencies
thereof, and the United States of Ameri-
/ ca and their territories, and that the
/ President of the. United States Is hereby
/ authorized TO use the whole land and
4 naval force of the United States TO carry
1 the same into effect. and to issue to pri-
Tate armed vessels of the United States
! commissions or letters of maraue and
/ general reprisal. in such form as he shall
! think proper, and under the seal of the
United States. against the vessels. goods
ana effects of the government of the said
United Kingdom of Great Britain and
Ireland and the subjects thereof
President Madison the very next day,
June 10, 1872 issued a proclamation in
which, after citing the act of Congress,
he said:
Now, therefore. /, james Madison,
President of the United States of Amer
lea. do hereby proclaim the same TO all
whom ii may concern; and do specially
enjoin on all persons holding offices. civil
or military. under the authority of the
United States. that they be vigilant and
Jealous in discharging the duties re
Spectively incident thereto; and / do
moreover eNhort all the good people OF
the United States. as they love their
( country. as they value the precious heri-
tage desired from the virtue and valor of
their fathers as they feel the wrongs
which have been forced on them, the last
/ resort Of injured nations. and as they
/ consult the best means under the blessing
OF Divine Providence of abridging its
calamities: that they exert themselves in
/ preserving order. in promoting concord,
in maintaining the authority and eff
I cheney of the laws. and in supporting and
+ inyigoTating all the measures which may
be adopted by the constituted authorities
! Tor obtaining speedy, a just and an
honorable peace
+ The war with Mexico continued from
March to May 10 1916. without formal
: declaration ON the part of this Govern
ment The battle of Palo Alto was
fought on May s, and the battle Of
! Resaca de la Palma the next day, in
/ both OF which the Afexicans were badly
whipped. On May IS Congress passed
law authorizing the President to raise
an army FOR the prosecution Of the war
then in progress and that was the first
official recognition of the existence of the
trouble between this Government and
Mexico
Writers or international law say that
it is not an absolute necessity that there
shall be a declaration before the com
mencement of hostilities. This doctrine
is laid down by Vattel and by Chitty.
Vattel holds that the declaration can be
tf,a hoe ba
frontier or until il has entered the enc
my's country and secured an advan-
tageous position, hut such declaration
must precede the actual commission of
hostilities.
Modern writer's of international law
hold and this is the position assumed
by some of the best lawyers in the SEN
ate, that, in the event of an outbreak.
the vessels of the enemy's country must
be given notice to quit the harbors of
the party declaring war. Some of the
best lawyers. in the Senate say that. if
there were to he declaration of war be-
tween the United States and Spain. the
Yizcaya, now in the harbor of New
York, would have to be given safe con-
duct to the high seas, just would the
Spaniards have been required to do to
the Maine had they not taken the pre-
caution to blow her UP.
II war comes. it must be declared in.
the same manner as any other piece of
legislation is enacted, through the in
production of a bill in each house and its
+ adoption by a majority vote. The pres
ent temper of the people points strongly
to the adoption Of such a measure if
the accident to the battleship Maine shall
be found to have been caused by tor
pedo sent into her huh by the hand of
an enemy. or by a submerged mine. while
the ship was at rest in a supposedly
friendly harbor.
SPECIAL NOTICES.