Declaration of war

“ I have discussed the ancient mode of declaration of war at some length as an instance of tradition. There are some, I am afraid, to whom the discussion will appear ineffably trifling; and I may even be misconstrued to say that everything would be set right in Europe, if only a herald were sent in proper form to declare war. There are men of a certain cast of mind to whom forms are repugnant; there are others to whom they are unintelligible. It has been observed, however, that the rejection of forms is one thing, the neglect of them another. ”

“ The good effects of our declaration of war begin to be perceived already. The tone of their public prints here is a little softer and more submissive. Not one has called in question the justice of the declaration of war ”

“ If it be ‘yes, that he will fire at you if you attack the French under his protection,’ then, if you have force enough, make your attack on the whole body, and take them all if you can, for I should consider such an answer as a perfect declaration of war. ”

“ Cases arising under this clause have been placed in the jurisdiction of the United States District Courts.
Clause 11.—Declaration of War.
To declare war, [1] grant letters of marque and reprisal [2] and make rules concerning captures on land and water. [3]
[1] : A declaration of war is a solemn notice to the world that hostilities actually exist or are about to commence.
The power to declare war is one of the attributes of sovereignty. ”

“ It was usual, formerly, to communicate a declaration of war to the enemy. According to modern practice, a formal declaration to the enemy is not required. Any manifesto or paper from an official source, announcing that the country is in a state of war, is considered sufficient. The recalling of a minister has alone been regarded as a hostile act, and followed by war, without any other declaration. ”

“ The non-observance of the most insignificant clause, in a solemn treaty, will be looked upon by us as a declaration of war. We will invade the country, and we will compel the King not to leave the Church and his subjects in the hands of a few bigoted fanatics. ”

“ A stranger who had come into the House during this debate, and heard what had fallen from the mover of the proposed amendment, and from members who had followed him, would have supposed, that instead of an act of ordinary course being under discussion, they had been debating the question of a declaration of war against France.
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He would declare, for himself at least, on the subject of war, that he agreed in certain of the sentiments of gentlemen on the other side of the House. A state of war was certainly a curse to any nation; to America it would be peculiarly a curse. ”

“ Particular attention must be paid to the fact that, in case of a declaration of war, the war, as between the belligerents, is considered to have commenced with the date of its declaration, although actual hostilities may not have been commenced until a much later date. On the other hand, as regards relations between the belligerents and neutrals, a war is not considered to have commenced until its outbreak has either been notified to the neutrals or has otherwise become unmistakably known to them. ”

“ What is a declaration of war? Who has the power to declare war in the United States? In Germany? 6. Where are the provinces of Bosnia and Herzegovina? How were they governed before 1878? Between 1878 and 1908? Since 1908? 7. Review the efforts for peace made by the British government between the Austrian ultimatum and Germany's final declarations of war. Explain the attitude of Austria, Russia, France, and Germany during these days. ”

“ I must here do Mr Urquhart the justice to point out that he has been the principal advocate of this doctrine, that the declaration of war is the turning-point upon which everything depends, and more than any other man has laboured to enforce it. ”

“ In addition to every other proof, it is singular enough, that in a decree, on the eve of the declaration of war on the part of France, it is expressly stated, as for the first time, that England was then departing from that system of neutrality which she had hitherto observed. ”

“ All foreign writers on international law concur in the opinion that the immediate and necessary consequence of a declaration of war is to interdict all intercourse or dealings between the subjects of the belligerent states. ”

“ Every principle of policy must be subverted, and the government must declare war, before they are prepared to carry it on. Whatever may be the provocation, however important the object in view, and however necessary dispatch and secrecy may be, still the declaration must precede the preparation, and the enemy will be informed of your intention, not only before you are equipped for an attack, but even before you are fortified for a defence. ”

“ It is this power which must determine when all just and honorable means have been resorted to to obtain national justice, and when a resort to military force is requisite and proper. If this decision be necessarily unchristian and barbarous, such, also, should we expect to be the character of other laws passed by the same body, and under the same circumstances. A declaration of war, in this country, is a law of the land, made by a deliberative body, under the high sanction of the constitution. ”

“ And that, finally, by his refusal to reply to the last dispatches of the king of France, he leaves no hope of obtaining, by way of friendly negotiation, the redress of these several grievances,—which is equivalent to a declaration of war;—the Assembly decrees that immediate action is urgent. ”

“ Against this empire, my lords, are we now to be engaged in a war, without trade, and without money, loaded with debts, and harassed with exactions; for what consequences can be expected from sending our troops into the frontier towns, but that the French will charge us with beginning hostilities, and declare war against us, or attack us without a declaration ”

“ But though war may lawfully commence without an actual declaration, yet a declaration is of sufficient force to create a state of war, without any mutual attack. It is not a mere challenge from one country to another, to be accepted or refused at pleasure by the other. It proves the existence of actual hostilities on one side at least, and puts the other party also in a state of war, though, he may, perhaps, think proper to act on the defensive only. ”

“ When a nation has resolved on making war, it is usual to announce the fact by a public declaration. In monarchical governments, the power to declare war, which of course includes the right of determining the question whether it shall be made, is vested in the king. In the United States, this power is, by the constitution, given to the representatives of the people, for reasons elsewhere stated. ”

“ I am making this statement as an act of wilful defiance of military authority because I believe that the war is being deliberately prolonged by those who have the power to end it. I am a soldier, convinced that I am acting on behalf of soldiers. I believe that the war upon which I entered as a war of defence and liberation has now become a war of agression and conquest. ”

“ I am ready to vote to the Government all the necessary means when the war shall be definitively declared, but I desire to know the despatches upon which is founded this declaration of war The Chamber shall do what it likes, I await to see what it is going to (10, but I decline, as to myself, the responsibility of a war so little justified (Animated approbation and applause from several benches of the left)
T D
This work was published before January 1, 1928, and is in the public domain worldwide because the author died at least 100 years ago. ”

“ In any case, it is universally recognised that war is a contention, which means, a violent struggle through the application of armed force. For a war to be in existence, two or more States must actually have their armed forces fighting against each other, although the commencement of a war may date back to its declaration or some other unilateral initiative act. ”

“ Though a solemn declaration, or previous notice to the enemy, be now laid aside, it is essential that some formal public act, proceeding directly from the competent source, should announce to the people at home their new relations and duties growing out of a state of war, and which should equally apprize neutral nations of the fact, to enable them to conform their conduct to the rights belonging to the new state of things. ”

“ By the Declaration of Independence, dreaded by the foes an for a time doubtfully viewed by many of the friends of America, everything stood on a new and more respectable footing, both with regard to the operations of war or negotiations with foreign powers. ”

“ We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. ”

“ The days have gone by when the rulers of the people could issue a proclamation and say, "We have declared war upon such and such a country; it is your duty to fight, to subscribe." Those days are gone. ”

“ THE TIME TO DECLARE WAR "War should be declared as soon as possible. The reason for the diplomatic rupture is sufficient reason for declaring war. This has already been explained. It would be impossible for us to find an excuse for declaring war if war be declared now. ”

“ In the army and navy no reductions can, with reason, be required. At a moment like this, when all Europe is in arms; when, from the farthest borders of Poland, to the extremities of the Spanish Peninsula, the war-shout has gone forth; when not merely monarchs are at enmity, but nations are in arms! ”

“ These preparations have not been carried to the extent which I have wished—and yet, sir, I am far from thinking that my country is in that feeble state which some gentlemen seem willing to represent it. I feel myself authorized to state, that we have all the necessaries; all the implements; all the munitions necessary for a three years' close war against any force which any power can send to this continent.
All that we want, are men. No, sir, pardon the expression—all which we want is an expression of the will of the nation. ”

“ So, full of this mad obsession, full of this frenzied infatuation, full of lust of power and conquest, Germany struck swiftly, blindingly, perfidiously—struck with the forces secretly organized for instant war, while yet the peaceful peoples were unprepared. ”

“ You cannot look at the map of Europe and lay your hand upon that country against which France has not either declared an open and aggressive war, or violated some positive treaty, or broken some recognized principle of the law of nations. ”

“ But, sir, we are told that peace is in our power without a farther promotion of the war. Appeal not, say our opponents, to the fear, but to the generosity of our enemy. England yields nothing to her fears ”

“ The Constituent States expressly bind themselves severally under no circumstances to address to any Constituent State an ultimatum, or a threat of military or naval operations in the nature of war, or of any act of aggression ”

“ And He shall judge among many people, and rebuke strong nations afar off; and they shall beat their swords into ploughshares, and their spears into spades; nation shall not take sword against nation; neither shall they learn war any more. ”

“ To believe it possible, to maintain peace, at present, therefore, would be a dangerous blindness: war surrounds us on all sides, and it is on the field of battle alone, that peace can be regained by France. ”

“ Our arms having been everywhere victorious, having subjected to our military occupation a large portion of the enemy's country, including his capital, and negotiations for peace having failed, the important questions arise, in what manner the war ought to be prosecuted and what should be our future policy. ”

“ We hereby declare war against Germany, and we command our army and navy to carry on hostilities against that empire (p. 285) with all strength, and we also command our competent authorities to make every effort, in pursuance of their respective duties, to attain the national aim by all means within the limits of the law of nations. ”

“ You see then, Sir, by this summary sketch of the points in contest, that the war being once engaged, it will not be so easy a matter as many in Europe imagine, to adjust the pretensions, so various and so important, of the respective nations, so as to be able to procure a peace. ”

“ If it shall be considered expedient to declare war in consequence of the repeated aggressions and injuries we have received from the French Republic, and the hostility urged against us, and the necessity there exists of making defence against them, there can be no occasion for declaring the treaties void; because, if war is declared, it is the major proposition, and, of course, includes all the minor propositions. ”

“ Now what is the issue for which we are fighting? In due time the terms of peace will be put forward by our Allies in concert with us—in accordance with the alliance that exists between us—and published to the world. ”

“ Indeed every nation, of a military disposition, and addicted to warlike pursuits, considers war not merely as a means of repelling the attacks of [pg 262] enemies, or of gaining plunder or territory by being itself the invader. ”

“ The power against which we are arrayed has sought to impose its will upon the world by force. To this end it has increased armament until it has changed the face of war. In the sense in which we have been wont to think of armies, there are no armies in this struggle, there are entire nations armed. ”