rying contraband being allowed to continue their
voyage after surrendering the contraband goods, in accordance with a new
rule suggested by the Declaration, whereas, under still existing
international law, the duty of a captor is to bring in the vessel
together with her cargo, in order that the rightfulness of the seizure
may be investigated by a Prize Court.

I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, November 23 (1912).

The Bill of 1912 "to amend the Foreign Enlistment Act, 1870,"
passed the House of Lords with little comment, but was
withdrawn, after much adverse criticism, in the House of
Commons on February 12, 1913.

CHAPTER V

THE COMMENCEMENT OF WAR

SECTION 1

_Declaration of War_

The following letter bears upon the question, much discussed in
recent years, of the lawfulness of hostilities commenced
without anything amounting to a declaration of war. Although
several modern wars, e.g. the Franco-Prussian of 1870, and
the Russo-Turkish of 1877, were preceded by declaration, it was
hardly possible, in view of the practice of the last two
centuries, to maintain, that this was required by international
law, and it has never been alleged that any definite interval
need intervene between a declaration and the first act of
hostilities. On the destruction of the _Kowshing_, the present
writer may further refer to his _Studies in International Law_,
1898, p. 126, and to Professor Takahashi's _International Law
during the Chino-Japanese War_, 1899, pp. 24, 192. But see now
the note at the end of the "Letter" which follows.

THE SINKING OF THE _KOWSHING_

Sir,--The words of soberness and truth were spoken with reference to the
sinking of the _Kowshing_ in the letter from Professor Westlake which
you printed on Friday last. Ignorance dies hard, or, after the
appearance of that letter and of your remarks upon it, one might have
expected that leading articles would be less lavishly garnished with
such phrases as "act of piracy," "war without declaration," "insult to
the British flag," "condign punishment of the Japanese commander." But
these flowers of speech continue to blossom; and, now that the facts of
the case seem to be established beyond reasonable doubt by the telegrams
of this morning, I should be glad to be allowed to state shortly what I
believe will be the verdict of international law upon what has oc