GERMANY AND U.S. NOT AT WAR

The United States and Germany are both parties to (III) Hague Convention, 1907, Article 1 of which is as follows: "The contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war." There has been no declaration or ultimatum in accordance with this article, therefore war in the international sense between Germany and the United States does not exist.

According to Art. I, Sect 3, of the Constitution of the United States, 'Congress shall have powers to declare war.'

On April 25, 1898, Congress acting in accord with the above provision "declared that war exists and that war has existed since the 21st day of April, A.D., 1898, including said day." It is therefore seen to be possible for Congress to give a retroactive effect to a declaration of war and still to act within the constitutional limitations.

It is to be presumed, however, that the United States will observe the treaty agreement into which it has entered with Germany and that in declaring war Congress would conform to the stipulations of the Hague Convention.

As by his oath of office, the President swears to "preserve, protect and defend the Constitution of the United States," it is likewise to be presumed that he will exercise his powers as commander-in-chief of the army and navy in accordance with the constitutional limitations.

As Germany has not yet declared war and as the above restrictions on the declaration of war by the United States prevail, it cannot be said that a state of war legally exists at the present time.