DECLARATION OF WAR. A formal an nonneement of hostile intentions, by one State to another. It is a survival of the feudal custom of sending heralds to give the enemy warning of impending hostilities. The doctrine that notice must be given an enemy before entering upon war has never grown into an obligation, and since the middle of the eighteenth century the practice has so largely deereased that it may be concluded that a formal deelaration is not required by morality or international law. The later custom of publication by. a belligerent in its own terri tory, at the outbreak of war, of a manifesto dis cussing the questions at issue, and justifying its position, which should be communicated to neu trals. never has assumed the weight of an obliga tion. though useful both to subjects of the State and to those of neutrals. Since 1700 there have been only 12 declarations between civilized States, while over 110 wars or acts of reprisal have been instituted without formal notice.
Under conditions of modern intercourse, a State can never be taken by surprise.' A period of negotiation is followed by an ultimatum in the form of a demand, refusal of which involves mar. Thus, the United States demanded of
Spain her withdrawal from Cuba in April, 189S, on condition of war; and on Oetober 9, 1899, the Transvaal Republic demanded the withdrawal of British troops, or war would be begun within forty-eight hours. In the ease of the Spanish American War, a later act of Declaration was passed by Congress on April 25th, fixing the (late of hostilities as April 2Ist. This was important, as determining the date for legal purposes. When not fixed by direct notice. war is held to date from the first act of hostilities by either party. The United States began the War of 1812 by in vading Canada. and seizing British vessels in port; and in 18t1 the Ilritish fleet entered the Black Sea to compel the Russian fleet to return to Sebastopol before the ambassadors had with drawn. On the other hand, the French charge d'affaires handed a formal notice to Bismarck in l'cO, and Russia declared war upon Turkey in Iti77 by a formal dispatch.