Слике страница
PDF
ePub

coin a tender in payment of debts, or pass any

bill of attainder,” etc.

The dogma of independent state sovereignty has been adhered to with a pertinacity, which (in view of the carefully expressed and unambiguous provisions of the constitution of the United States, requires no ordinary degree of charitable forbearance to designate as honest), until at length it has brought forth its legitimate and bitter fruit, in a foolish, and wicked, and causeless rebellion of those states whose leaders have adopted it, and which can only be happily terminated by the utter extinction of this pernicious heresy.

Formal declaration consid

In the early ages of political societies, a war comered requisite menced without a solemn declaration, was consid. in early ages.

ered informal and irregular, and contrary to the established usage of nations. It was so regarded down even to the time of Grotius, who, admitting that a declaration was not required by the law of nature, declares, nevertheless, that the law of nations demands it.' The Romans granted no triumphs for any war which was not preceded by a formal declaration. During the era of chivalry, the rules of which required the fullest notice intention to an adversary, that he might have abundant opportunity to prepare for his defence, declarations of war were heralded and proclaimed with the greatest solemnity, and clothed with all those formalities which the habits of knighthood had carried into the customs of general warfare. With the decline of chivalry such declarations were gradually discontinued, although Clarendon, in his

Grotius, De Jure, Lib. III., c. iii., 8 6.

[ocr errors]

History or the Rebellion, speaks in terms of censure of the war in which the Duke of Buckingham went to France, as entered into “without so much as the formality of a declaration by the king, containing the ground and provocation and end of it, according to custom and obligation in the like cases.

Puffendorff, Vattel, Emerigon,* each contend for the necessity of a public declaration before the commencement of a war, as required not only by the law of nations but by justice and humanity; and the former holds acts of hostility not preceded by a formal declaration of war, to be acts of piracy and robbery. Bynkershoek, however, maintains that the law of nations does not require a declaration of war to precede the act, and cites numerous precedents to sustain his position.

Such is the modern doctrine, and the well settled No declaration practice of the nations of Europe as well as of the the existing United States.

law of nations. “War," says Lord Stowell, “ may lawfully exist without a declaration on either side. It is so laid down by the best writers on the law of nations."6

In the war declared by the United States against Great Britain in 1812, hostilities were commenced by the United States, immediately upon the passage of the act of Congress, and without waiting to communicate

any notice of intention to the English government. But although no previous declaration of intention to the adversary, be required as a jus- Tequisite for tification of hostilities, yet such a declaration, by and guidance public act, proclamation, or manifesto, is essentially neutrais.

Proclamation

Claren, Hist. Reb., Vol. I., p. 40. Book VII., c. vi., S 9 s Book III., c. iv., $ 51.

4 Traite des Assurances, I., 563. Quest Jur. Pub. Lib. I., c. ii. & The Eliza Ann, 1 Dodson, 247.

[ocr errors]

necessary for the instruction and direction of the citizen, whose individual rights are materially affected, as the direct result of a war in form. Without such a declaration, too, it would be impossible to determine, whether the rights of the citizen are impaired, as a legitimate effect of war, and for which no redress can be demanded in a treaty of peace, or whether the injuries that he has sustained are such as to demand reparation.

But not only is such a declaration requisite for the information and direction of the citizen, but it is equally necessary for the instruction of the citizens or subjects of neutral powers.

The knowledge of the existence of hostilities between belligerents, imposes upon neutrals certain duties and obligations, the strict observance of which alone entitles them to that protection in person and property, which is accorded to those who, in time of war, take no part in the contest, but remain common friends of both parties, without favoring the aims of the one to the prejudice of the other.

By the constitution of the United States, war of Congress is cannot lawfully be commenced against a foreign a formal decla- power, without an act of the Congress of the nation,

and such an act undoubtedly operates as a formal and official notice to all the world, and is, of itself, equivalent to the most solemn and formal declara tion.

“When war is duly declared,” says Chancellor Kent, “it is not merely a war between this and the adverse government, in their political characters. Every man is, in judgment of law, a party to the acts of his own government, and a war between the

In the United
States an act

ration.

1 Haz. & Roch. Mar. Law, 8.

9 Kent's Com., Vol. I., p. 63.

governments of two iste-
the individuais os sir.
of which the

case
ment is the per
people, and acts as sy
theory in all gover:
the law of natics03eCTz
the sovereign

STEM sovereign, it was virari war, and that a seler to all the stija

Indirilua: Nr must be sulmansin mination of the 2012 nition of this pie 191C THIregarded by the ac

Since the disose L. 13:1many disputes sz. 18: EI adjustment or 23.1 obligations, from the S. the precise date cibe ecm1 : Such difficults are 11provision of the toti SE T.-.vests the war makinarai :*** The date of the aut i Cannes the precise period ise o.2111 culiar duties and octi 2 " war imposes on the etiks.

Modern treaty stipulations between the red European nations, providing that *2 rugs pacific relations shall be garded as baring sucas

[graphic]

necessary for the instruction and direction of the citizen, whose individual rights are materially affected, as the direct result of a war in form. Without such a declaration, too, it would be impossible to determine, whether the rights of the citizen are impaired, as a legitimate effect of war, and for which no redress can be demanded in a treaty of peace, or whether the injuries that he has sustained are such as to demand reparation.

But not only is such a declaration requisite for the information and direction of the citizen, but it is equally necessary for the instruction of the citizens or subjects of neutral powers.

The knowledge of the existence of hostilities between belligerents, imposes upon neutrals certain duties and obligations, the strict observance of which alone entitles them to that protection in person and property, which is accorded to those who, in time of war, take no part in the contest, but remain common friends of both parties, without favor. ing the aims of the one to the prejudice of the other.

By the constitution of the United States, war of Congress is cannot lawfully be commenced against a foreign a formal decla- power, without an act of the Congress of the nation,

and such an act undoubtedly operates as a formal and official notice to all the world, and is, of itself, equivalent to the most solemn and formal declaration."

“When war is duly declared,” says Chancellor Kent, “it is not merely a war between this and the adverse government, in their political characters. Every man is, in judgment of law, a party to the acts of his own government, and a war between the

In the United
States an act

ration.

· Haz. & Roch. Mar. Law, 8. • Kent's Com., Vol. I., p.

63.

« ПретходнаНастави »