Undeclared Wars - Part I
Article 1, Section 8 of the U.S. Constitution gives Congress the authority to declare war: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” (Letters of Marque and Reprisal are issued to private shipowners allowing them to seize enemy vessels). However, from its earliest days, the United States has been involved in military actions without a formal declaration of war.
Quasi War: 1798 to 1800
France’s support during the American Revolution was essential to the United States winning its independence. The countries signed the Treaty of Alliance in 1778 while a king still ruled France. After the French Revolution of 1789, France expected, but did not receive, U.S. support in the subsequent war against Britain. Angry at the perceived betrayal and wanting to disrupt the British economy, France began to seize American ships trading with Britain. France captured several hundred U.S. vessels.
Under President Adams, the U.S.’s newly formed navy defended the country’s interests by attacking France’s naval warships, leading to several naval engagements.
This was an undeclared war. Congress did pass laws funding an expanded navy, abrogating the 1778 treaty with France, and expanding the military. This was an early example of the U.S. becoming militarily involved without a declaration of war, but with congressional authorization and funding.
First Barbary War: 1801 to 1805
The Barbary States refer to portions of North Africa, including Morocco, Algeria, Tunisia, and Libya. These states engaged in piracy in the Mediterranean. Europe typically paid tribute to them in return for safe passage. When President Thomas Jefferson refused to pay tribute, Tripoli (in Tunisia) declared war. The resulting victorious U.S. military campaign included both naval and land forces.
Congress did not declare war. Since Tripoli had declared war first, the United States was defending itself and did not require a formal declaration of war. Congress did provide funding for the war.
Second Barbary War: 1815
With the United States preoccupied with the War of 1812 against England, Algiers decided to seize American ships and demand tribute.
The United States dispatched a naval fleet, and after a few brief engagements, forced Algiers to halt piracy.
Although Congress did not declare war, it did authorize the President to deploy the military. There are subtle differences between a ‘declaration of war’ and ‘authorization for military action.’ World War II was the last time the U.S. had Congress declare war. Since then, military actions have generally been authorized by Congress, as will be covered in future articles in this series.
Florida: 1810
Spain controlled Florida until the 1819 Onis-Adams treaty ceded the area to the United States in return for a cash payment. In 1810, American settlers rebelled against Spanish authorities in western Florida and declared independence, founding the short-lived ‘Republic of West Florida.’
President Madison claimed the area was part of the Louisiana Purchase and did not require Congressional authorization to take military action. He dispatched the army to take control of the area. Spain did not resist, and the territory was incorporated into the United States, later becoming part of the State of Louisiana, known as the Florida Parishes.
Republic of West Florida Flag
The ‘Republic of West Florida’ lasted 74 days.
It is ironic that Madison, ‘Father of the Constitution,’ used questionable reasoning to justify his actions.
Florida First Seminole War: 1817 to 1818
Seminole Native Americans were conducting raids into Georgia and providing refuge for escaped slaves. After a number of skirmishes, John Calhoun, the Secretary of War, ordered General Andrew Jackson to the region and gave him the power to “conduct the war as he may think best.” There was later controversy over the exact orders given to Jackson, but in the event, he interpreted his orders broadly and invaded Florida, seizing Pensacola and executing two British Nationals.
Both Spain and Great Britain protested Jackson’s actions. Nonetheless, Spain agreed to the Adams–Onis treaty, giving Florida to the United States in return for $5 million dollars.
Congress launched an investigation. Critics, led by Speaker Henry Clay, believed that Jackson had exceeded his authority and had violated the Constitution by engaging in an undeclared war. Another critic said, “The Constitution of our country has been violated by military power, and the honor of our nation stained by base and inhuman cruelties. If the Constitution has been violated; if the honor of the nation is stained by cruelties, this House should declare it to the country.” However, resolutions to censure Jackson were tabled, and Congress took no action.
Overseas Military Interventions: 1820s to 1850s
Latin America and South America freed themselves from Spanish rule between 1810 and 1825. However, many of the resulting regimes were unstable, experiencing military coups, civil wars, and frequent leadership changes. The United States sent naval forces and landed troops several times during this period to protect U.S. citizens and property. Countries involved included Argentina, Peru, Mexico, Uruguay, and Nicaragua. For example, in 1852-1853, Marines were landed in Buenos Aires during political unrest.
China experienced weakness during this period due to the Opium Wars and the catastrophic Taiping Rebellion (1850 – 1864). In 1854, to protect its interests, U.S. forces participated in the Battle of Muddy Flat in Shanghai. The navy initiated a Yangtze River naval patrol, which lasted almost one hundred years until the Communist takeover in 1949.
Congress was not involved in any of these military actions, which were not traditional wars.
Conclusion
The early history of the United States shows a pattern of military actions without Congressional War declarations. The next article in this series will cover the post Civil War period.