GERMAN ACTS BASIS OF WAR

During more than 200 years, from 1700 on, there seem to have been about 150 cases, up to the present war, in which states have resorted to hostilities. Some of these instances were in the nature of civil wars. In the entire list of wars, however, there are less than 15 formal declarations, and less than one-half of these were made prior to the outbreak of hostilities. It is only since the Hague Conference of 1907 that a declaration prior to hostilities has been regarded as essential. The Congress of the United States even in 1898, in declaring war against Spain, did not issue a declaration until after hostilities had already begun. This declaration was made on April 25, 1898, in the following form: "That war exists and that war has existed since the 21st day of April, A. D. 1898, including said day, between the United States of America and the kingdom of Spain."

The Hague Convention of 1907 requires that "the existence of a state of war must be notified to neutral powers without delay." During the present war, declarations previous to hostilities have been the rule.

It cannot now be said what form the declaration of war may take if one is passed by Congress. It seems to be the intent, in spite of differences in the Senate and House resolutions, to issue a declaration implying that the German Government has already committed acts of war against the United States and on that ground to authorize the President to employ the forces of the United States to carry on war against the Imperial German Government.