e re-settlement of peace, what
time war commenced, and when reprisals ceased.[2]

According to the Law of Nations, two things are required for a Solemn
War; first, it must be a Public War; that is, the contending parties
must be two nations, or two parties of allied nations, contending by
force under the direction of a supreme executive; and secondly, it
must be proclaimed, notified, or declared. And probably it must be
general in its character, and not simply local or defensive. Presuming
that the coming contest will be of the widest character, I shall
proceed to examine its legal effects on Commerce, on that
supposition.[3]

[Sidenote: Declaration of War]

Declarations have existed from the most ancient times, having been
borrowed by modern nations from the manners and customs of the Romans.
But in present times, (although they may be very properly put
forward,) they are not necessary to a state of actual war, or as it is
technically termed, to legalize hostilities. A Declaration of War is
not a matter of international right.[4] Acts of hostilities, without
such an instrument, cannot be denounced as irregular or piratical,
unless committed in manifest bad faith. But though war may lawfully
commence without an actual declaration, yet a declaration is of
sufficient force to create a state of war, without any mutual attack.
It is not a mere challenge from one country to another, to be accepted
or refused at pleasure by the other. It proves the existence of actual
hostilities on one side at least, and puts the other party also in a
state of war, though, he may, perhaps, think proper to act on the
defensive only.[5]

[Sidenote: War, how commenced.]

War now generally commences by Actual Hostilities, by the Recal or
Dismissal of an Ambassador or Minister, or by a Manifesto published by
one belligerent power to its own subjects.

Manifestoes are issued to fix the date of the commencement of
hostilities; for as a state of war has many various effects on
commercial transactions, such as the confiscation of certain property,
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 alway