Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-02-24
TIE GENESIS OF WAR.
What the Constitution Says AbOut the
Mode Of Procedure.

What the Constitution Says AbOut the
Mode Of Procedure.
ST. Louis Republic.
Few persons probably know the
initiatory steps and the mode of
procedure that bring two civilized
nations into a state of war. There
is a slight variance in the custom
of nations, due to their different
forms of government; but the steps
the United States will have to take
in order to 60 to war with Spain
may be readily described.
The powers to begin war are de-
rived from the constitution. These
powers pertain to aggressive and
defensive action and provide tor
the necessary financial resources
to carry on conflict.
This is what the Constitution
says regarding war:
Article L., section VII, clause |.
All bills for raising revenue
shall originate in the house of rep
resentalives, but the senate may
propose or concur with amend
ments, as on other bills.
Sec. VIII.-The congress shall
have power (clause H. to declare
war, grant letter of marque and re-
prisal, and make rules concerning
capture on land and water.
Clause 12.-To raise and support
armies; but no appropriation OF
money to that use shall be for
longer term than two years
Clause 13.-To provide and
maintain a navy.
Clause 14.-To make rules for
the government and regulation of
the land and naval forces.
Clause l5.-To provide for call
ing forth the militia to execute the
laws OF the Unicn, to suppress in
surrections and repel invasions.
Clause 16-To provide for or
ganizing and disciplining the
militia, and for governing such
part of them as may be employed
in the service of the United States,
reserving to the states respectively
the appointment of the officers,
and the authority of training the
militia according to the discipline
prescribed by congress.
Article 2, section 2, clause l.
The president shall be commander
in-chief of the army and navy of
the United States, and the militia
Of the several states when called
into the actual service of the
United States.
Congress, therefore, gives the
necessary authority 10 make war
and appropriates adequate means
for carrying out this purpose. The
first steps necessary to war are on
the diplomatic side. The second
step is legislative; the third step
executive.
Whenever a disturbance occurs
with a country having diplomatic
relations with the United States,
the casus belli-in this case tn e
destruction of the battleship Maine
it is first laid before the state
department by the American
authorities residing in the foreign
country. The minister of the for
eign power enters into communi-
cation with the secretary of st9te
under instructions from the minis
ter of foreign affairs of his country.
This is the diplomatic stage of
the affair. 1t is conducted by the
state department without publicity
so long as il appears practicable to
adjust the difficulty without re-
course to war. Congress, if in ses-
sion, as is the case at present, may
ask the president to lay the papers
before that body, and this request
the chief executive may grant or
deny as be sees fit. Every avenue
OF diplomatic ingenuity must be
traversed to avoid war. When all
efforts in that direction have failed
the next step for the United States
to take will be to withdraw its
minister from the court or seat of
government of the inimical nation.
This is done in two ways: The
legation is left in charge of a sec
retary, as was the case at the time
of the New Orleans lynching, when
the United States and Italy had
differences, or the legation is
closed altogether, and the flag re-
moved. This last step is one of
serious import.
At this stage the outlook is
grave Arbitration or war alone
can settle the wrangle. One or the
other of the powers may urge ar
bitration, and it may be accepted
or declined. If arbitration is re-
fused, diplomacy has run its course,
and the Legislative department
steps in to take the matter up. If
congress is in session, the presi
dent lays the entire situation be-
fore that body, with all the docu-
mentary evidence accumulated by
the state department. If congress