Be it enacted . . ., First. That war be, and the same is hereby, declared to exist, and that war has existed since . . . [April 2I, 1898] . . ., including said day, between the United States of America and the Kingdom of Spain.

Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry this Act into effect.