The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-14
ANCIENT AND MODERN
WAYS OF DECLARING WAR
In Ancient Rome Priests Per-
formed Ceremony and Later
Heralds Announced 1t.
NEED NO DECLARATION

Washington Post.
Among the Romans, college of twenty
priests. known as Fetials, was maintained
for the express purpose of declaring war.
They often Travelled great distances TO de-
mand reparation from nations who had
injured the Roman state, and If this was
refused. to proclaim war against them.
At a rather later date, verbal proclama-
ton through herald was substituted for
these forms of defiance. This continued 10
be practiced till the sixteenth century, and
there are two instances of il so recent as
the middle Of the seventeenth.
In 1885, Louis XIII sent a herald 10
Brussels to declare war against Spain, and
twenty-five years afterward Sweden de-
clared war against Denmark through the
mouth of a herald sent to Copenhagen.
But even prior TO this time influences nad
been at work which undermined the old
uSageS. After the close of the hundred
years war, the civil wars In England, the
consolidation of the great European states,
and, above all, the fierce rancor engendered
in the religious wars had all contributed
to discredit the old forms of feudal chiv-
airy. Written declarations were substi-
tuted for proclamation by heralds, and as
early as 1888 the Great Armada attacked
England without any declaration at all.
The great legal writer's still lent their sup
port to the older usage; as where Grotius
declared that the voice or COD ana nature
alike orders men TO renounce friendship
before embarking in war. But. in spite of
their influence, the practice fell OF.
On the other hand, we have the two
cases already cited. and Englands war
solemn proclamation. On the other, we
have the war of Gustavus Adolphus with
the empire, and an English expeditl IN
against the Spanish West Indies in 16oi.
carried through without declaration; and
the Englsh-Dutch wars of 1902 and 1865;
the war between Portugal and the Dutch
in 1916; and finally, the war between France
and the empire in 16SS-in all of which
hostilties were in an advanced state be-
fore any declaration was issued. IN Iar
the greater number of the struggles OF
the eighteenth century no declaration was
issued until a state of war had existed IN
fact and had even in some instances eX-
listed for many years.
MANIFESTOES TO NEUTRALS.
During the latter part of the century the
custom sprang up and was generally adopt
ed, of issuing a manifesto or notice of the
commencement of war, not necessarily TO
the enemy but to the diplomatic agents of
the other nations, who were required 10
observe the laws of neutrality. The opin-
ions of the great jurists of this and the last
century, since the close of the NapoleoniC
wars in 1915. have been more equally divid-
ed on the necessity OF declaration Several
of the leading continental authorities sui
maintain that some form of notice to the
enemy is Imperative. Others take the oppo-
site view.
In neither the war with England in 1871
nor the war with Mexico in 1876, did the
United States issue either a manifesto or
declaration. OF the smaller wars down to
1870, in which a European power was en-
gagged on one side or the other, England s
unimportant contest with Persia in 1895
affords what seems TO be "A solitary instance
of a declaration being made. The opium
l.rs, h.
Anglo-Persian war or 1896. as we'll as the
Danish struggle about Schleswig Hoistein
i'm 1863. and the war between Brazil and
Uruguay in the following year. all com
menced by acts of hostility preceded. in
deed. in several instances by diplomatic
notes and manifestoes, but in no case her
aided by formal declaration.
In November. 1853, after prolonged ne
gotiations had already taken place, the
Ottoman Porte protested against Russian
claims and intimated its intention of go
ing to war To this Emperor Nicholas re-
snOnded in a very elaborate formal decla-
ration. Hostilities did not actually com
mence till the 4th OF November. three days
after the Cars proclamation. o. which the
Sultan had thus time TO become aware
Relations between the Car and the English
and French courts became more and more
strained during the next few weeks ON
the Sth Of February. 1854, the Russian min
lister left England. On the 2lst Nicholas
issued a manifesto complaining OF the un-
friendly attitude OF England ana france
TO St Petersburg with an ultimatum, his
instructions being 20 wait six days for an
answer. Before this time had elapsed the
Emperor declined 10 give any reply. but
the Russian foreign minister stated pri-
vately that his master would not declare
war.
on the I'D of March message from the
Queen was read i'm the House OF Lords
declaring war. on the 3lst. according "a
a quaint old custom, the high sheriff and
other chief city dignitaries Of London at
tended in their robes ana proclaimed tins
war from the steps of the exchange
In the Austro-Italian war OF 1888 the En-
/ peror's ultimatum was presented on the pc
of April; and two days afterward Victor
| Emmanuel announced 10 the army the out
| break OF war, and on the 18th operations
| commenced.
Our civil war presents an interesting IN
| stance OF the modern tendency TO rely OF
/ facts rather than forms.
REGARDED AS INSURRECTIONISTS
| AS the North never recognized the South
arm States as being other than rebels, o.