The Savannah morning news., 1904-03-05

| mencement of war; not necessarily to
the enemy, but to the diplomatic
agents of the other nations, who were
required to observe the laws of neu-
trality. The opinions of the great jur-
| rists of this and the last century
since the close of the Napoleonic wars
| in 1915, have been more equally di-
vided on the necessity of declaration
| Several of the leading continental au-
! thorltleS still maintain that some form
! OF notice to the enemy is imperative
| Others take the opposite view. In
neither the war with England in 1872
nor the war with Mexico in 1886 did
the United States issue either a man
| ifesto or declaration. OF the smaller
wars down to 1870, in which a Euro
pean Power was engaged on one side
or the other, Englands unimportant
contest with Persia in 1888 affords
what seems to be a solitary instance
of declaration being made The
| opium war of 1S40 the Italian war
of 1S47-49, the Anglo-Persian War of
! 1856, as we'll as the Danish struggle
about Schleswig- Holstein in 1863, and
the war between Brazil and Uruguay
in the following year, all commenced
by acts of hostility, preceded, indeed,
in several instances by diplomatic
notes and manifestos, but in no case
heralded by a former declaration.
In November, 1853, after prolonged
negotiations had already taken place,
the Ottoman Porte protested against
Russian claims and intimated its in
tention of going to war. To this EN-
peror Nicholas responded in a very
| elaborate formal declaration. Hostili-
ties did not actually commence till
Nov 4, three days after the Czar's
proclamation, of which the Sultan had
he -
between the Car and the English
and French courts became more, and
more strained during the last few
weeks. On Feb. 8, 1854, the Russian
minister left England. On the 21st
Nicholas issued a manifesto, complain
ing of the unfriendly attitude of Eng
land and France. On the 9th Capt.
Blackwood was sent to st. Petersburg
with an ultimatum, his instructions
being to wait six days for an answer.
Before this time had elapsed the EN-
peror declined to give any reply, but
the Russian Foreign Minister stated
privately that his master would not
declare war. On March % a message
from the Queen was read in the House
of Lords declaring war. On the 31st,
according to a quaint old custom, the
high sheriff and other chief city digni-
taries of London attended in their
TODeS anu PROGRAMMED the war lTOIn the
steps of the exchange. In the Austro-
italian war of 1859 the Emperor's ulti-
matum was presented on April % and
two days afterward Victor Emmanuel
announced to the army the outbreak of
war and on the 26th operations COM
menced.
Our Civil War presents an interest
ing instance of the modern tendency
to rely on facts rather than forms.
AS the North never recognized the
Southern states as being other than
rebels, of course they were precluded
from declaring war against them. but
in a way which may be readily sum-
married. a state of war became to be
recognized as having in point of fact
supervened on a state of instruction.
The secession movement, which began
in South Carolina, speedily spread to
the other Southern states Then the
first shot was fired from the batteries
of Fort Sumter on the Star of the
West attempting to enter Charleston
with reinforcements. Notwithstanding
this, Lincoln characterised it as in
surrectionary. Nine days later Charles
ton surrendered to the Confederates
and war votes were then asked for.
Letters of marque were issued by the
South and a blockade proclaimed by
the North. Larger war votes were
asked and Mr.. Seward announced in
a letter to the American minister at
Paris that the government has "ac-
cepted the Civil War as an inevitable
necessity" England and France there
upon recognized the rights of the South
as belligerent states and issued proc
lamations of neutrality. This action
they justified on the ground that, al
though there had been no declaration
of war, the credits voted and the proc
lamation of a blockade were facts con-
sistent only with state OF war, not
of mere insurrection.
The seven-weeks war of 1866 began
with the rupture of June II, of diplo-
matte relations between Prussia and
Austria, followed by a declaration of
war by the former Power against Sax
ony, whose territory was entered on
June IS. On June 16 Austria intimated
her intention of supporting Saxony, and
this Prussia interpreted as declara-
ton of war. A bellicose manifesto ad-
dressed ito my armies" was issued by
Emperor Francis Joseph. On June %
Prince Fritz Carl complained of the
violation Of the Silesian frontier by the
Austrians, without any formal declara-
ton of war. This complaint is Curl
Gus example of historical retribution,
nrecisely similar protest having been
made 100 years earlier by Austria
against the Prussian invasion of Silesia.
The Red Prince followed up his COM
nlaint by formally declaring war
against Austria. a measure which Italy
had taken days previously. Four years
later Prussia was again involved In
war which was destined to complete the
unification OF Germany TO which the
seven weeks war had been the first
step.
on July IS, 1870. It was announced by
the French minister that the King OF
prussia had refused TO receive the EN-
neror's ambassador and that the Ger
man minister was preparing 70 leave
Paris. Large war credits were asked,
as In the face Of these facts, France
could no longer maintain peace. On
the 18Th the sighted French minister