As is well known the existence of war, that is, a contest the parties to which have been recognized as belligerents, is a status that gives rise to numerous legal consequences to the parties involved, to neutral powers, to the actual combatants and to non-combatants. In all countries, it is, therefore, a matter of great importance, what authority shall have the constitutional power of creating such a status, and of determining the date of its beginning.

44 120 U. S. 479; 7 Sup. Ct. Rep. 628; 30 L. ed. 728.

45 See ante , p, 256.

46 U. S. Rev. Stat., §§ 5375-5376.