15th February.
We referred on Saturday to the charge inde against the Jaynnese by our French contemporary that their attack on Port Arthur on the night of Monday the 8th instant was " cowardly and treacherous" because war had not then been formally declared. What are the facts s" far as we know them, and what are the dates, for the matter is simply one of time For many months, while negotiation first as an English Captain is said to have done to the French at Fontenoy, the French Captain replying " Monsiour nous ne tions jamais les premiers, tired vous-memes." ant particular form of chivalry is not possible in modern warfare, although others are, suchos care for prisoners and wounded, and_in these directions no doubt the Russians will set a good example to their Eastern adversary.
Ifthe mutter be regarded from the point of view of international practice,, it is undoubted that a formal 'declaration of war is not necessity'. In his "Declaration of War," 1889, Douglas Owen says:
nation may convey its warlike intentions to the State with which it is a' variance by the recall of i's Minister or by any such unambiguous mode of intimation as may grow out of the e-cumstances of the time." Hallock says: "There is nothing international jurisprudence, as now practised, to render such formal declaration obligatory, and the present usage entirely dispenses with it." Bynkershoek, Heineccins, Phillimore, ant Hall are of the seme opinion. The War of 1792 between France and Great Britain was preceded by no formal declaration; the British Ambassador was withdrawn, and the French Ambassador dismissed, whereupon the National Assembly of France passed a vote of war and the seizure of British property. In the war declared by the United States against England in 1812, hostilities were immediately commenced by the former and interests of other Powers, Our competent authorities have also has been going on, both parties performed their duties to our will so that our relations with haste, and for weeks b fore the dbedienc: have been arming with feverish 5th instant war was known by all the all Powers have been steadily grow: ing in cordiality.
It was thus entirely against our expectation that we h ave unhappily come to open hostilities against Russia.
The integrity of Corea is a matter of constant concern to this Empire, no' world to be imminent. On the 5th instant th" Japane-e Minister at St.
Petersburg intimated to Russia that "ler reply having been delaye! for twenty-two days, during which time Russia had been actively arming, 1 Japan could wait no longer. On the only because of our own traditions relations with that country, but because the separate existence of Corea is essential to the safety of our realm. Nevertheless, Russia, in disregard of her solemn treaty pledges to China and her repeated assurances to othe Powers, is still in occupation of Manchuria, and has consolidated and strengthened her hold upon those provinces and is bent upon their final annexation, And ce the absorption of Manchuria by Russia would render it impossible to maintain the integrity of China, and would in addition compel the abandonment of all hope for peace in the Extreme East, w determined in those circumstances settle the question by negotiation and to secure thereby permanent peace. With that object in view, our competent authorities by our order made proposals to Russia and frequen* Conferences were held during the course of six months. Russia, how-
7th instant it was given out at Tokio that Japan had" notified Russia that she was compelled to take independent action and that the Japanese Minister had been instruct d to withdraw his Legation. On the 8th instant at midnight the Japanese attacked the Russian fleet off Port Arthur. On the Sth or 9th instant Japan issued a reanifesto to the world which we printed in our issue of the 10th instant.
If the above be regarded from the point ut view of common fair-play, it is clear that Japan's. intimation that she would wait no longer was sufficient warning that peace was ended, and that Russia might expect to be at once attacked. Good faith requires no more from parties who have been for months preparing for war than a clear intimation that friendly relations are aten end. If there ought to beniore, how much more? OughtJapan to have invited the Bussiansto fire Power us soon as an Act of Congress was passed, without waiting to communicate to the English Government any notice of the intention of war. Many other such examples, might be given. Certainly when in modern times a Power has thought that a formal declaration of war would suit its interests, this has been done, but not otherwise. Ibis true that Conti-mental text-writers lean towards formal declaration of war before hostilities, for example, Heffter, Bluntschli, and Calyo; but only on the part of the attacking Power; even" they hold that no such declaration is required from a Power on the defensive Bluntschli, 2 521,-has an interesting note on the subject: " lly a lie de distinguer, en fait de guerre defensive, lo point de vue militaire on de fait, et lo point de vue clu droit. Dans" une guerre defensive, celui qui. se defend peut aussi, pour des motive militaire, prévenir large-sour par une attaque Antérieure. An point de vue clu droit, in difference entre la guerre offensive et la guerre defensive reside par dans lo fai d'avoir passe lo premier la frontitre on envabi lo premier lo territoire ennemi, mais dans la difference des droits respectifs des parties." Russia is unquestiouably the aggressor here: she remains in Manchuria after repeated promises ever, never met such proposals in
Text read from the printed page and cleaned; old type leaves the occasional error.