The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-23

Etc Usunl Erect asd our special AVranr
meut with npatn.

meut with spain.
To THE EDITOR OF THE SUN-Sir: War IN
wnnton unless Instituted TO avengo or prevents
injury, and tho parties thereto are subject to
rules recognized and sanctioned by the law OF
nations.
War is usually preceded by a declaration
thereof, although tho formal declaration Of war.
which was borrowed from tho Romans, has
fallen into disuso. AS In this country an act OF
Congress is necessary to declare war. tho pas.
sage OF such m act Is a s~u efficient declaration
thereof. Thus, In tho war OF 1912. hostilitios
were Immediately commenced after the act Of
Congress declaring same was passed.
Tho war making power in this Government
rests entirely with Congress. and tho President
can authorize belligeront operations only in the
cases expressly provided for by tho Constitution
md tho law" tMr. Webster, Secretary OF State.
to Mr.. Severance, July IA. 1851 Again, Judge
Grier. In the Prizo Gases q Black. ees), says:
by the Constitution, Congress alone has the power
TO declare q national or foreign war. The Constitu.
tion confors on the President the whole executive
power. He Is bound to take care that the laws h,
faithfully executed. He Is Commander.in.Ch Chief Of
the army and navy OF the United States and OF the
militia of the SOY eral States when called into the 40
tual service of tho United States. He has no power
to initiate or declare q war, either againat q foreign
nation or q domestic State. but by the acts OF Con.
eress of Feb. qs. 1875. and March O., 1907, no 1, All.
thorized to call out the militia aud use the military
and naval forces of the United States in case Of in.
vasion by foreign nations. and to suppress insurreo-
tion against the Government of . State or the United
States.
II a war be made by tho invasion of q foreign n,.
ton. the President 10 not only authorized but bound
to resist force by force. He does not initiate the war,
but is bound to accept the challenge without W aitina
for any special legislative authority; and whether
the hostile party be a foreign invader or States organ.
lied in rebellion, II 10 none the less q war. although
the declaration OF IL be "uuilateral." Lord stoweli
Il Dodson, a47) observes, at is not the less 4 war on
that account, for war may exist without q declare.
ton on either side. Itis SO laid down by tho bess
writer's on the law OF nations. A declaration by one
country only is not a mere challenge to be accepted
or refused at pleasure by the other"
The battles of Palo Alto and Resaca dc Ia Palma
had been fought before the passage of tho act OF Con.
gress of May 10. ls+e. which recognized ' a state Of
war az existing by the act OF the Republic OF Mexico"
This act not only provided for the future prosecution
of the war. but was itsolf q vindication and ratinca.
tion Of tho act of the President in accepting the chal.
lenge without . previous formal declaration Of wa,
by Congress.
War having been declared. certain now civil
conditions and relations Immediately arise.
Upon the commencement of hostilities the per-
sons of the enemy are subject to imprisonment
and their property to confscation. unless treaty
provisions exist to tho contrary. While this
right OF imprisonment and confiscation exists, 10
Is not always enforced. and notice of the inten.
ton Of the Government in this respect is usually
SGT forth in the declaration Of war. By q treaty
entered into between the United States and
Spain in 1905. It is provided that:
For tho better promoting of commsrce on both
sides. Il is agreed that, n n war shall break out between
the said two nations, one year after the p~rocismA:,on
OF war shall be allowed to the merchants in the citiee
and toyyna w hara thew ahnll Iva for collecttnv ma
transporting their goods and merchandise.
Among the other effects of q declaration of
war. or the moro existence Of war. are: !. The
suspension Of The remedy for the recovery Of
debts. 2. The cessation of all intercourse boz
tween the countries at war and tho respective
citizens thereof, unless sanctioned by tho Gov
ernment or In tho exercise of the rights of hui
mainly. Even going so far ~ to dissolve part
nerships existing between the citizens Of the
hostile countries.) The suspension of contracto
and the cessation of tho running Of interest.
Kent, In his Commentaries, speaks thus of tho
commercial consequences of war:
Ono OF tho immediate and important conso-
auences Of the declaration OF war Is the absolute in
terruption and Introduction Of all commercial oorre.
spondence. intercourse, and dealing between the sub.
Jects of the two countries. Tho idea that any COM
mercial intercourse. or pacinc dealing. can lawfully
subsist between tho people of the powers at war. eI.
cept under the clear ana express sanction or the Gov
eminent. and without q special license. 10 utterly IN
consistent with the new class OF duties growing ous
OF q state of war. The Introduction nows necessarily
from the principle already stated. that o state OF war
puts all the members Of the two nations respectively
in hostility to each other; and to suffer individuals
to carry on Q friendly or commercial intercourse
while the two Governments were at war would bo
placing the act OF the Government and the acts OF In.
dividuals in contradiction to each other. It would
counteract the operations Of war. and throw oh.
stacles in the way OF the public efforts. and lead to
disorder. imbecility. and treason. Trading supposes
tho existence OF civil contracts and relations. and .
reference to courts Of justice; and It is. therefore.
necessarily. contradictory to . state OF war. 1t at.
fords aid to the enemy in an enectual manner. by
enabling the merchants of the enemy's country to
support their Government. and It facilitates the
means Of conveying intelligence and carrying on Q
t%raitorous correspondence with the enemy. These
considerations apply with peculiar force to maritime
states. whore the principal object Is to destroy the
marine resources and commerce Of the enemy in order
to force them to peace. ISAAC J. DAszIoEn-