9. Armor plate.

10. War ships and other war craft, as well as such parts as from their special nature can be used only on board a vessel of war.

11. Tools and equipment which have been constructed exclusively for the manufacture and repair of arms and land or sea war material.

22. Absolute contraband will include further those articles and materials which shall be expressly declared as absolute contraband by the German Empire.

German Prize Rules, 1909, Articles 21 and 22.

In the absence of special stipulation of treaties or of particular decisions of the government of the Republic, you will consider as contraband, without notice, the following articles and materials, included under the term absolute contraband whose hostile destination appears as set forth later on:

The list which follows is identical with that contained in Article 22. Declaration of London, except for the omission in paragraph 10 of the first mentioned list, of the words "of such a nature that they can only be used on a vessel of war."]

French Naval Instructions 1912, sec. 29.

When circumstances require you will receive a supplementary list of articles and materials exclusively employed for war which the government judges advisable, during the hostilities, to add to the contraband articles above enumerated.

French Naval Instructions 1912, sec. 31.

Articles 22 and 23, Declaration of London, are substantially identical with sections 49, 50, respectively, Austro-Hungarian Manual, 1913.

Naval stores.

Naval stores apparently include everything which enters into the construction of ships of war.

These articles have been confiscated by the English prize courts in the following leading cases:

The Staat Embden, 1 C. Rob., 26 (masts); The Endraught, 1 C. Rob.. 22 (timber): The Jonge Tobias, 1 C. Rob., 329 (tar): The Sarah Christinia, 1 C. Rob., 237, 241 (tar and pitch): The Rigende Jacob, 1 C. Rob., 89 (hemp, iron bars): The Neptunus, 3 C. Rob., 108 (sail-cloth).

Most of these articles were treated by the court as absolute contraband, if going to an enemy's port, without regard to the nature of the port.

"

The Knight Commander," Russian and Japanese Prize Cases. vol. 2, p. 54.-In this case, the Libau Prize Court held that the following goods were subject to condemnation when destined for enemy ports irrespective of the evidence as to the purpose for which they were intended:

Cast-iron wheels and axles suitable for railways; wire suitable for telegraphs and telephones: parts of wagons for electric tramways: ball valves, hydrometers, steamcocks, oilers and lubricators useful

for steam boilers or locomotives; blades for shovels; nails suitable for shoeing.

Cargo Ex" Hsiping," Russian and Japanese Prize Cases, vol. 2, pp. 135 and 140.-Iron, screw-bolts, washers, lead, zinc, brass plates, German silver, sheets, and timber were condemned when captured on a neutral vessel and consigned to a port occupied as a Russian base depot.

See also Cargo Ex Pehping, id., p. 164.

The "Cilurnum," Russian and Japanese Prize Cases, vol. 2, p. 186.-Beans and antimony were held to be contraband.

The "Bawtry," Russian and Japanese Prize Cases, vol. 2, p. 265.— Material and arms for building and equipping ships, destined for enemy's port, were held to be absolute contraband.

Cargo ex "Bawtry," Russian and Japanese Prize Cases, vol. 2, p. 270.-The following articles were condemned as materials for building or fitting ships when captured on board a neutral vessel and destined for an enemy's port, used as a naval base: steel rope, rope, iron plates, wire netting, rivets, nails, iron sheets, screens, iron wire rigging, brass and copper plates, brass sheets, washers, fasteners, bent iron, iron ware, sail cloth, galvanised steel rope, pulley blocks, metal tubes, tin sheets, asbestos and rubber goods, tarred rope.

The “Prinsesse Marie," Russian and Japanese Prize Cases, vol. 1, p. 276.-The following articles were held to be contraband, when destined for Japanese ports: goods suitable for construction or equipment of telegraphs, telephones and railways as to which there were no grounds for holding that they were destined for other purposes; rails for mines; soft steel plates.

The Paros," Russian and Japanese Prize Cases, vol. 2, p. 301.The following articles were condemned as absolute contraband, when captured on board a neutral ship and destined for an enemy's port: cement, field blacksmith's tools, sheet iron, iron nails, asbestos sheets, white metal bearings, rubber, packing for machinery, solder, tin, wire rope, linoleum, copper tubing, iron tubes, copper sulphate, zinc sheets, copper, copper sheets and brass sheets.

66

Cargo ex Lydia," Russian and Japanese Prize Cases, vol. 2, p. 367. The following articles were condemned as contraband when captured on a neutral ship and destined for a port used as an enemy's coastal fortress and supply-base: Axle grease, leather belting, grease, hemp ropes, machine oil, cylinder oil, washers, belting iron, acetic acid, oil cans and emery powder, all as materials for building or fitting ships.

Persons are not contraband of war.

Yangtze Ins. Assn. v. Indemnity Mutual Marine Assurance Co., L. R. 1908, 1 K. B. D. p. 910 and 2 K. B. D. p. 504.-This was an action brought on a policy of marine insurance effected by the plaintiffs with the defendants, which contained a warranty

band of war."

no contra

Held that there was no breach of warranty by taking on board the vessel in question, as passengers to Vladivostock, two Russian officers, the carriage of whom brought about the condemnation of the vessel, on seizure by the Japanese.

LIST OF ARTICLES CONDITIONALLY CONTRABAND-ADDITIONS THERETO, HOW MADE.

The following articles, susceptible of use in war as well as for purposes of peace, may, without notice, be treated as contraband of war, under the name of conditional contraband:

(1) Foodstuffs.

(2) Forage and grain, suitable for feeding animals.

(3) Clothing, fabrics for clothing, and boots and shoes, suitable for use in war.

(4) Gold and silver in coin or bullion; paper money.

(5) Vehicles of all kinds available for use in war, and their component parts.

(6) Vessels, craft, and boats of all kinds; floating docks, parts of docks and their component parts.

(7) Railway material, both fixed and rolling-stock, and material for telegraphs, wireless telegraphs, and telephones.

(8) Balloons and flying machines and their distinctive component parts, together with accessories and articles recognizable as intended for use in connection with balloons and flying machines.

(9) Fuel; lubricants.

(10) Powder and explosives not specially prepared for use in war.

(11) Barbed wire and implements for fixing and cutting the same.

(12) Horseshoes and shoeing materials.

(13) Harness and saddlery.

(14) Field Glasses, telescopes, chronometers, and all kinds of nautical instruments.

Articles susceptible of use in war as well as for purposes of peace, other than those enumerated in Articles 22 and 24, may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23.-Declaration of London, Articles 24 and 25.

On the expression "de plein droit" (without notice) the same remark must be made as with regard to article 22. The articles enumerated are only conditional contraband if they have the destination specified in article 33.

Foodstuffs include products necessary or useful for sustaining man, whether solid or liquid.

Paper money only includes inconvertible paper money, i. e., bank notes which may or not be legal tender. Bills of exchange and checks are excluded.

Engines and boilers are included in (6).

Railway material includes fixtures (such as rails, sleepers, turntables, parts of bridges), and rolling stock (such as locomotives, carriages, and trucks).

Report of committee which drafted Declaration of London.

Contra.

An article shall not be considered contraband simply because it is intended to be used to aid or to favor an enemy, nor because it could be useful to an enemy or used by him for military purposes, nor because it is meant for his use.

Institute, 1896. pp. 129, 139.

Contra, but with right of preemption.

Are and shall remain abolished those so-called classes of contraband designated under the names, either of conditional contraband, articles (usus ancipitis) which may be used by a belligerent for military purposes, but the use of which is essentially peaceful, or of accidental contraband, when the said articles are not used especially for military purposes except in certain circumstances.

Nevertheless, the belligerent has the right, if he wishes and subject to his paying a just indemnity, of sequestration or pre-emption with regard to articles which are bound for a port of his adversary and which may be used either for purposes of peace or of war. Institute, 1896, p. 130.

Foodstuffs.

The treaty [of 1794 between the United States and England] admitted that provisions were not generally centraband, but might become so, according to the existing law of nations, in certain cases, and those cases were not defined.

It was only stipulated, by way of relaxation of the penalty of the law, that whenever provisions were contraband, the captors, or their government, should pay to the owner the full value of the articles, together with the freight, and a reasonable profit. Our government has repeatedly admitted that, as far as that treaty enumerated contraband articles, it was declaratory of the law of nations, and that the treaty conceded nothing on the subject of contraband.

Kent, vol. 1, p. 145; Mr. Pickering's letter to Mr. Monroe, September 12, 1795; his letter to Mr. Pinckney, January 16, 1797: Instructions from the Secretary of State to the American minister to France, July 15, 1797.

Foodstuffs.

The national convention of France, on the 9th of May. 1793, decreed, that neutral vessels laden with provisions, destined to an enemy's port, should be arrested and carried into France: and one of the earliest acts of England, in that war, was to detain all neutral vessels going to France, and laden with corn, meal, or flour. It was

insisted, on the part of Ergland, that, by the law of nations, all provisions were to be considered as contraband, in the case where the depriving of an enemy of those supplies was one of the means employed to reduce him to reasonable terms of peace; and that the actual situation of France was such as to lead to that mode of distressing her, inasmuch as she had armed almost the whole laboring class of her people, for the purpose of commencing and supperting hostilities against all the governments of Europe. This claim on the part of England was promptly and perseveringly resisted by the United States; and they contended that corn, flour, and meal, being the produce of the soil and labor of the country, were not contraband of war, unless carried to a place actually invested.

Kent, vol. 1, p. 144; Instructions of 8th June, 1793; Mr. Hammond's letter to Mr. Jefferson, September 12. 1793, and his letter to Mr. Randolph, April 11, 1794; Mr. Jefferson's letter to Mr. Pinckney, September 7, 1793, and Mr. Randolph's letter to Mr. Hammond, May 1, 1794.

Foodstuffs.

was

The doctrine of the English Courts of Admiralty, as to provisions becoming contraband under certain circumstances of war, adopted by the British government in the instructions given to their cruisers on the 8th June, 1793, directing them to stop all vessel laden wholly or in part with corn, flour, or meal, bound to any port in France, and to send them into a British port, to be purchased by government, or to be released, on condition that the master should give security to dispose of his cargo in the ports of some country in amity with His Britannic Majesty. This order was justified, upon the ground that, by the modern law of nations, all provisions are to be considered contraband, and, as such, liable to confiscation, wherever the depriving an enemy of these supplies is one of the means intended to be employed for reducing him to terms. The actual situation of France (it was said) was notoriously such, as to lead to the employing this mode of distressing her by the joint operations of the different powers engaged in the war; and the reasoning which the textwriters apply to all cases of this sort, was more applicable to the present case, in which the distress resulted from the unusual mode of war adopted by the enemy himself, in having armed almost the whole laboring class of the French nation, for the purpose of commencing and supporting hostilities against almost all European governments; but this reasoning was most of all applicable to a trade, which was in a great measure carried on by the then actual rulers of France, and was no longer to be regarded as a mercantile speculation of individuals, but as an immediate operation of the very persons who had declared war, and were then carrying it on against Great Britain.

This reasoning was resisted by the neutral powers, Sweden, Denmark, and especially the United States. The American government insisted, that when two nations go to war, other nations, who choose to remain at peace, retain their natural right, to pursue their agriculture, manufactures, and other ordinary vocations; to carry the produce of their industry for exchange to all countries, belligerent or neutral, as usual: to go and come freely, without injury or molestation; in short, that the war among others should be, for neutral nations, as if it did not exist. The only restriction to this general