DECLARATION OF WAR. An act of the national legislature, in which a state of war is declared to exist between the United States and some other nation.
2. This power is vested in congress by the constitution, art. 1, s. 8. There is no form or ceremony necessary, except the passage of the act. A manifesto1, stating the causes of the war, is usually publishied, but war exists as soon as the act takes effect. It was formerly2 usual to precede hostilities3 by a public declaration communicated to the enemy, and to send a herald4 to demand satisfaction. Potter, Antiquities5 of Greece, b. 3, c. 7; Dig. 49, 15, 24. But that is not the practice of modern times. In some countries, as England, the, power of declaring war is vested in the king, but he has no power to raise men or money to carry it on, which renders the right almost nugatory6.
4. The public proclamation of the government of a state, by which it declares itself to be at war with a foreign power, which is named, and which forbids all and every one to aid or assist the common enemy, is also called a declaration of war.
DECLARATIONS, evidence. The statements made by the parties to a transaction, in relation to the same.
2. These declarations when proved are received in evidence, for the purpose of illustrating7 the peculiar8 character and circumstances of the transaction. Declarations are admitted to be proved in a variety of cases.
3. - 1. In cases of rape9, the fact that the woman made declarations in relation to it, soon after the assault took place, is evidence; but the particulars of what she said cannot be heard. 2 Stark10; N. P. C. 242; S. C. 3 E. C. L. R. 344. But it is to be observed that these declarations can be used only to corroborate11 her testimony12, and cannot be received as independent evidence; where, therefore, the prosecutrix, died, these declarations could not be received. 9 C. & P. 420; S. C. 38 Eng. C. L. R. 173; 9 C. & P. 471; S. C. 38 E. C. L. It. 188.
4. - 2. When more than one person is concerned in the commission of a crime, as in cases of riots, conspiracies13, and the like, the declarations of either of the parties, made while acting14 in the common design, are evidence against the whole; but the declarations of one of the rioters or conspirators15, made after the accomplishment16 of their object, and when they no longer acted together, are evidence only against the party making them. 2 Stark. Ev. 235 2 Russ. on Cr. 572 Rosc. Cr. Ev. 324; 1 Breese, Rep. 269.
5. In. civil cases the declarations of an agent, made while acting for his principal, are admitted in evidence as explanatory of his acts; but his confessions17 after he has ceased to, act, are not evidence. 4. S. R. 321.
6. - 3. To prove a pedigree, the declarations of a deceased member of the family are admissible. Vide Hearsay18, and the cases there cited.
7. - 4. The dying declarations of a man who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence; but the party making them must be under a full consciousness of approaching death. The declarations of a boy between ten and eleven years of age, made under a consciousness of approaching death, were received in evidence on the trial of a person for killing19 him, as being declarations in articulo mortis. 9 C. & P. 395; S. C. 38 E. C. L. R. 168. Evidence of such declarations is admissible only when the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations. 2 B. & C. 605; S. C. 9 E. C. L. R. 196; 2 B. & C. 608; S. C. 9 E. C. L. R. 198; 1 John. Rep. 159; 15 John. R. 286; 7 John. R. 95 But see contra, 2 Car. Law Repos. 102. Vide Death bed, or Dying declarations. 3 Bouv. Inst. n. 3071.
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