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which period the notification should not affect neutral powers.? The intention was to give neutral states the necessary time to take measures for complying with the requirements of neutrality, but as this provision would seem to authorize violations of neutrality before the expiration of the interval, and as, furthermore, the interval required by one state would differ from that indispensable to another, it was thought best not to fix any. It remains, as formerly, entirely a question of fact as to whether the neutral, after learning of the existence of the war, did or did not maintain an attitude of strict neutrality and use due diligence in its enforcement.

And so humanity, developing in a spiral, has come again to require a declaration of war previous to the commencing of hostilities. We must not forget that this convention accepted by the plenipotentiaries of all the powers at The Hague modifies the law which existed previously, and that is a real piece of international legislation; it is drawn in the form of a convention, which can be denounced by giving a year's notice, yet there can be no doubt that it is intended to endure as long as war shall be.




The year 1700 opened with profound peace, yet on March 12, without public declaration of war, 40,000 Saxons under General Fleming swept down before Riga, then belonging to Sweden.

In the month of December, 1700, French troops arrived by night and took possession of the strongest places in Spanish Flanders.

On July 28, 1701, Marshal Catinat, with a French corps d'armée, took possession of the Alpine passes and descended into Lombardy.

During the early part of the winter of 1701, Prince Eugene seized, without declaration of war, Canneto and other places in the territories of Guastalla, Parma, and Modena.

Throughout 1701 a naval war was carried on by England and Holland against France, but a formal declaration of war was not declared for several months after hostilities had been carried on.

7 Belgian Amendment to the French proposition; annexe 3a, second commission; second subcommission.

8 House Report 754, p. 9, 52d Congress, 1st session.

In 1708 the Pope of Rome attacked by surprise a body of German imperial troops and ordered them cut to pieces with great barbarity; also,

In 1708, the English fleet suddenly appeared at Civita Vecchia and by surprise dictated terms to the Pope.

In 1714 the Turks, by sudden invasion, seized from Venice the Morea without declaration of war.

In 1715 England in peace seized Swedish provinces.

In August, 1717, during peace, a fleet of war vessels carrying 9,000 men left Barcelona secretly for Sardinia. Cagliari, the capital, was surrendered to the Spaniards.

In 1719 Spain secretly prepared an expedition and seized Messina and the greater part of Sicily.

The first case in the eighteenth century when declaration preceded war was in 1719, when France and England joined in war against Spain.

In 1726, without declaration of war, a British squadron under Admiral Hosin was sent to the West Indies and blockaded Porte Bello.

In 1727 Spain, at peace with England, laid siege to Gibraltar from February 11 to November 23.

In 1733 Russia invaded Poland without a declaration of war.

In 1739 reprisals preceded war between Spain and England. was declared by England October, 1739.

1740, the first Silesian war. 1741, naval fights between France and England without declaration


of war.

In 1742, without declaration of war, Naples, by action of an English admiral, forced to become neutral.

On June 27, 1743, the battle of Dettingen was fought, at which time no declaration of war had been made, nor was it made until March 20, 1744, when France declared war against England.

On August 9, 1744, Saxony and Bohemia were invaded by Frederick without declaration of war.

In 1747 sudden invasion of Holland by the French, in which the French secured all the advantages of sudden attack.

In 1754 France and England put forth hostile claims in America without declaration of war or notice. Fighting commenced between English and Virginia troops on the one hand and French on the other.

On May 17, 1756, England declared war on France.

In August, 1756, Frederick the Great suddenly invaded Saxony with 75,000 men. He did not publish a declaration until after crossing the frontier.

In 1759 the Dutch commenced hostilities in India against the English without proclamation of war.

In June, 1770, 1.700 Spanish soldiers and mariners, with five frigates and a train of artillery and ordnance stores, arrived at Port Egmont, when only two sloops of war and a miserable blockbouse with four guns constituted all the means of defense. Articles of capitulation were immediately concluded.

In 1777 Austrian troops numbering many thousands entered lower Bavaria and seized every important place, no declaration of war having been previously declared.

On February 6, 1778, France signed secretly a treaty with Franklin, engaging to give assistance to the American colonies. France did not then declare war upon England.

In 1779 Spain joined France in a war against England.

On April 21, 1784, Austria sent a detachment of troops into Dutch territories and took possession of Fort Lillo.

On December 20, 1787, before the declaration of war was issued, Austria sent six regiments into Turkey for the purpose of surprising the Turkish fortress Belgrade. Declaration of war was not declared until July 10, 1788.

In July, 1789, a Spanish frigate of twenty-six guns captured two English vessels and seized a settlement.

On April 20, 1792, France declared war against the Empire of Germany.

On September 28, 1792, the French Republic surprised Nice, Montalbon, and Ville Franche, in the Kingdom of Sardinia, during peace.

In the same year, without declaration of war, the French Republic ordered invasion of neutral Switzerland.

On July 1, 1793, France declared war upon England, Spain, and the Netherlands.

In 1795 England seized Dutch colonies, capturing the island of Ceylon without fighting, no declaration of war having previously been made.

In 1796 the French Republican army, without declaration of war, seized forts and territories of the States of the Church, Naples, Tuscany, Parma, Modena, etc.

On January 28, 1798, France suddenly invaded Switzerland. Naples moved against France, and France took possession of Navarra, Suza, and Coni. No declaration of war was made in any instance.

On September 5, 1800, Russia seized two British ships in Russian ports and sent their crews prisoners into the interior without declaration of war.

On July 14, 1801, reprisals were ordered by the English Cabinet. All Swedish, Danish, and Russian vessels in English ports were seized and a large English fleet under Sir Hyde Parker was dispatched to the Baltic, although there was no declaration of war.

On March 20 the Swedish inland steamer Bartholomew, wholly unprepared for any defense, surrendered at the first summons to a force of three regiments of foot and a detachment of artillery under LieutenantGeneral Trigge and a squadron under Rear-Admiral Duckworth.

In 1802 Napoleon sent a force of 20,000 men into friendly Switzerland and seized by surprises Soleure, Zurich, and Berne.

On November 23, 1806, the Russian army, during negotiation and after full concessions, suddenly invaded Moldavia and seized Chotsim, Bender, and Jassi.

In 1806 England sent an expedition against Curaçao; her fleet suddenly entered the harbor, and Fort Amsterdam was assaulted and captured.

On March 6, 1807, England sent an expedition, during negotiations, into Egypt, and on the 21st of March the governor of Alexandria accepted terms of capitulation.

In 1807 the English man-of-war Leopard, fifty-two guns, demanded of the Chesapeake, an American frigate cruising off Virginia, the requisition of some English deserters on board the Chesapeake. The American captain denied the right of search, whereupon the Leopard fired a broadside, killing and wounding several Americans in time of peace.

In 1812 Napoleon, by sudden attack on troops of Kowno, declared war with Russia.

On June 18, 1812, the United States declared war against Great Britain. During the month of April previous, however, a general embargo was laid by Congress upon all vessels in the harbors of the United States for seventy days.

In 1815 Murat, King of Naples, attacked Austria without notice.

In 1816 Portugal invaded the Spanish possessions on the River Plate without explanation or previous declaration.

In 1818 the United States, during peace with Spain, seized Pensacola and St. Marks.

In 1821 the United States seized a French ship during time of peace.

In 1826 the King of Spain carried on hostilities against Portugal with willful falsehood without declaring war, but professing friendship.

During the same year England, without declaration of war on Spain, dispatched troops to fight the Spaniards.

In 1827 the Turkish fleet was destroyed by Russia, England, and France without warning of war.

In 1828 the Russo-Turkish war occurred. Hostilities on both sides preceded declaration of war.

In the same year France sent an expedition against the Turks in Greece and captured five fortresses.

In 1831, without declaration of war, Russia fired into, sank, and captured Greek ships and joined in a formal attack upon Poros.

During this same year a French admiral carried off the whole Portuguese fleet and converted reprisals into war. And the King of Holland pressed his troops into Belgium and in nine days crushed the Belgian forces.

On February 22, 1832, France sent a squadron with troops and captured Ancona by sudden surprise during absolute peace between France and Rome.

In 1834 the Spanish army, without notice, crossed the Portuguese frontier and, by a forced march, surprised and defeated the force under Don Carlos.

In 1835 the inhabitants of Texas raised the standard of revolt against the Mexican Government, and declared themselves independent.

During the year 1838, an invasion of Canada took place under circumstances described in the United States Congress as such “that the people were at war while their Governments were at peace.”

On the 17th of April, 1840, the British ships of war in the vicinity of Naples commenced hostilities and captured a number of Neapolitan vessels, and an embargo was laid on all ports of Malta that bore the Sicilian flag.

In 1844 hostilities by France against Morocco commenced by Prince de Joinville on not receiving a satisfactory answer to an ultimatum.

On May 13, 1846, the Congress of the United States passed a resolution that, by virtue of the constitutional authority vested in them, declared that a state of war existed between the Republic of Mexico and the United States. The President in his message recited many and various acts of hostilities prior to any declaration of war.

In 1847 a revolutionary junta had been established in Portugal and was carrying on a war against the Queen. The war having dragged on for some time, England, France, and Spain agreed to interfere, but no declaration of war was made.

In 1848 the Italian insurrectionary war broke out; the King of Piedmont at once joined his armies to those of the Italians, and the war, from its nature, was carried on without any formal notice.

On April 25, 1849, the French General Oudinot entered citadel Civita Vecchia. The Roman Assembly protested in the name of God and the people against this unexpected invasion. A short time after there followed the siege and capture of Rome.

In 1850 and 1851 the United States waged the “ unofficial ” war against Cuba.

In 1853 and 1854 the Crimean war was waged. Hostilities preceded war as follows: The Russian Government seized the Danubian principalities.

On May 31 the order for the passage of the Pruth was passed.

On June 2, before it was known in London, orders were sent to English and French admirals to move up the Besike Bav.

On October 22 the English and French fleet, under orders from London and Paris, entered the Dardanelles in express breach of treaty of 18

On October 23 Turkey declared war upon Russia and crossed the Danube to expel the Russians.

In 1859 France and Italy against Austria. The Austrian Government alleged that the actual commencement of this war was on both sides (as between France and Austria) declared to be due to prior hostile acts, not words.

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