The Laws Of War, Affecting Commerce And Shipping by H. Byerley Thomson
page 15 of 159 (09%)
page 15 of 159 (09%)
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and the dissolution of certain contracts, it is very necessary that
such a date should be accurately known. When a Manifesto or Declaration is issued, it is said to legalize hostilities, that is to say,--to make all acts done, and all breaches committed, under pressure of war, good and lawful acts and breaches. I have given this explanation, because it is a popular notion that a declaration always precedes war; but in reality, in modern times, few wars are solemnly declared;--they begin most often with general hostilities; thus the first Dutch War began upon general Letters of Marque, and the War with Spain, that commenced by the attempted invasion of the Armada in 1588, was not declared or proclaimed between the two crowns.[6] [Sidenote: Contents of Declaration.] The Manifesto not only announces the commencement Contents of and existence of hostilities, but also states the reasons of, and attempts the justification of the war; and it is necessary for the instruction and direction of the subjects of the belligerent state, with respect to their intercourse with the foe; it also apprizes neutral nations of the fact, and enables them to conform their conduct to the rights belonging to the new state of things.[7] Without such an official act, it might be difficult to distinguish, in a Treaty of Peace, those acts which are to be accounted lawful effects of war, from those which either nation may consider as naked wrongs, and for which they may, under certain circumstances, claim reparation. When war is duly declared, it is not merely a war between one |
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