| Show DID A Tn 01 1AIt EXITT I Question 111 floor to the recited l llftircoi April til anil April 23 New Ilnen Oonu April 24Dr Theodore fl WooUei head of the de parlment of International law In Ynl law school speaking of the legality of the capture lo I American natshlps otto Spanish melChantmen prior to a formal declaration of Will nIt n-It Is I u matter for the prize court to decide whether vocir has yet begun or nol 1 10 not Into to cximmilt lily pelf on this delicate question It I lIut established that the suspension of alt diplomatic Intercourse Is I absolutely Divalent to a declaration of uar England and Venezuela for exam pie durlnB tha recent agrcemcnthad no diplomatic intercourse for many month Nor is I n formal doclratlon of ar necessary In IS12 wo began war lIhout a fOlmal declaration Any International legislation Imply Ing that vrui lists Is equivalent to a formal dee larallon Tile eencial assumption Is I that legal wpr he gins when hostilities begin If war H I not declare It may be thai no shil lack the exact point necessary tn determine the beginning of hlstlll tie a We did not declare war In 1S12 What Afo ought to do Is I to send a note to all the povers nnd tell them vo hat our I IClLoon for going 10 war are and A Joe the means lie are to use In aging tho fight The moat Important decision yet node Is I that by Spain In effect that she 1111 not capture property under alien lien t rat flag If Spain holds to her oral In this respect our worst dallger In commClc a j from 0 i Spanish source la rrmoed The fact that English owneas bav laid claim to the cargo of one of the hlpo captured hy our bfockadlnff vqindion has nothlni to do with a ohll Ias carrying the hpanlsh nag In the cue of uch a rture the caro s houhl be handed oer to the Hngllsh 01 < ntr and freight charged hI the A merican prize Inkers The United fllle dooR not profei the doctrine that the hostile Hag Incriminates the eurgoo |
