New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-26
DECLARING THAT WAR EXISTS.

The President did not. some have injudi-
ciously asserted. recommend in his message OF
Yesterday a DECLARATION Of war against SPAN,
| nor did Congress- in response thereto. ADOPT
such a declaration. What he recommended, ana
| what Congress with admirable promptness ana
| unanmty adopted, was resolution declaring
| that q state of war exists, and has existed
Retween the two there Is n distinction with n
| difference which IL is essential TO observe. Tho
! Gct of Yesterday was not the beginning OF war
It was the pro forma recognition or the e1-
! istcnce of 4 war already begun. The declara-
tion Of war was in the resolution of the war
| making power instructing the President TO use
force If ncedfu, TO put Spain out or CUBA
| The beginning Of the war was in the acts OF
| tho Snonish Government on Thursday last IN
Diminishing the American Minister, and in an
| noupcinc that 1t considered war had been de-
clored and that It's fleet was already on the
| wav 70 meet OUTS with hostile intent. The act
| Of Yesterday was thought desirable, partly as
matter of record partly as means OF Invest
! inc tbe President with the fullest war powers
| of the Constitution and partly as n formal mott
| fcation Of elgerency TO this Nation and to all
| neutral Powers
The fear has been expressed that any such
declaration at this date might make Illegal the
| seizures Of Spanish ships previously effected. II
does not appear to be well founded. Even
declaration Of war would probably have no such
result The principle Is. as laid down by Nattel
and reaffirmed by various authorities, that
deca ration Of war is in certain measure retro
active II one nation, In a controversy threat
cning war. shall seize the goods of another, ana
war shall afterward be declared. that declara-
/ ton will make valid the seizures, while II
war he not declared. but the controversy DC
terminated in reconciliation. the goods seized
will be returned. But yesterdays resolution
does not declare but merely recognizes war, ana
II expressly recognizes war as having existed
since Thursday last, on which day. as a matter
of fact, under the law and practice OF clvliHed
nations. It was actually begun. Thus II not
only does not invalidate those seizures. but, IN
the strongest way Of which Congress Is capable.
affirms their legality.
The practice of formally exchanging dcclara-
| tons Of war between nations once regarded as
necessary for the Equalization OF hostiliies. was
long ago abandoned. The modern practice Is 10
proceed TO war without any such declaration,
| and then. after the war has actually been be
gun to announce that fact and state the causes
thereof In a domestic proclamation Announce
| ment Of the fact is also made to neutral Powers,
in order that they may have no excuse for not
! observing the requirements Of neutrality. But
no such notice is required to be given to the en-
envy. and acts Of war occurring before the no
tice Is given to neutrals are just as legitimate
as those occurring afterward 1t Will be rernem-
bered that in our last foreign war. more than
fifty years ago. two important battles were
fought before Congress passed the resolution
recognizing the existence Of state Of war
There is, indeed, scarcely any principle more
definitely established, by practice and by the
highest judicial decision, than that the United
States may be engaged in war, in law and in
fact, and have all the rights of belligerent,
without any declaration on the subject by Con
| gress 1t has thus been engaged IN war for the
last five days 1t yesterday recognized and re
corded the fact more promptly than nations
usually do, and nothing now remains but to
press the war with all possible vigor TO n
triumphant and honorable conclusion.