These which follow shall not be reckoned in the number of prohibited goods, that is to say: All sorts of cloths, and all other manufactures of wool, flax, silk, cotton, or any other materials; all kinds of wearing apparel, together with the things of which they are commonly made: gold, silver coined or uncoined, brass, iron, lead, copper. latten, coals, wheat, barley, and all sorts of corn or pulse, tobacco; all kinds of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oyl, wines, sugar: all sorts of salt and provisions which serve for the nourishment and sustenance of man; all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloth, anchors, and any parts of anchors, ship-masts, planks, boards, beams, and all sorts of trees and other things proper for building or repairing ships. Nor shall any goods be considered as contraband which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use: all which shall be reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the foregoing article, so that they shall not by any pretended interpretation be comprehended among prohibited or contraband goods. On the contrary, they may be freely transported by the subjects of the King and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested; and those places only shall be considered as such which are nearly surrounded by one of the belligerent powers. Treaty of Amity and Commerce concluded between the United States and Sweden, April 3, 1783, Article X. This free list [of Article 28] is of great importance to neutral trade, more particularly as it not only comprises such articles as are not susceptible of use in war, but likewise a number of articles, the possibility of the use of which in war is so remote as practically to make them not susceptible of use in war. The list guarantees to a number of industries and trades of neutral States freedom from interference on the part of belligerents, and it is to be expected that in time the list will be increased. Oppenheim, vol. 2, p. 493. The following articles cannot be declared contraband of war:1. Raw cotton, raw wool, raw silk, raw jute, raw flax, raw hemp, and other raw materials of textile industries, and also the yarn spun from them. 2. Oil bearing nuts and seeds; copra. 3. Caoutchouc, resin, rubber and gum, hops. 4. Rawhides, horns, bones and ivory. 5. Natural and manufactured fertilizers, including nitrate and phosphate suitable for agricultural purposes. 6. Ores. 7. Soil, clay, lime, chalk, stone, including marble, brick, slate, and roofing tiles. 8. Porcelain and glassware. 9. Paper and material prepared for its manufacture. 10. Soap, dye-stuff, including material exclusively intended for its manufacture, and varnish. 11. Chloride of lime, soda, caustic soda, sulphuric acid, sodic sulphate in cakes, ammonia, ammonia-sulphate and copper sulphate. 12. Machinery for agriculture, mining, textile industries, and book printing. 13. Precious stones, semi-precious stones, pearls, mother-of-pearl and corals. 14. Tower and wall clocks, clocks and watches, other than chronometers. 15. Fancy goods and jewelery. 16. Feathers of all kinds, hair and bristles. 17. Articles of household furnishings and decoration, office furniture and equipment. German Prize Rules, 1909, Article 27. The following articles are never contraband of war: [The list which follows is identical with that contained in Article 28, Declaration of London.] French Naval Instructions 1912, sec. 45. Article 28, Declaration of London, is substantially identical with section 55, Austro-Hungarian Manual, 1913. Cotton, coal and other fuel. "We are informed that it is intended to treat raw cotton as contraband of war. While it is true that raw cotton could be made up into clothing for military uses of a belligerent, a military use of the sup ply of an army or garrison might possibly be made of food stuffs of every description which might be shipped from neutral ports to the nonblockaded ports of a belligerent. The principles under consideration might, therefore, be extended so as to apply to every article of human use which might be declared contraband of war simply because it might ultimately become in any degree useful to a belligerent for military purposes. Coal and other fuel and cotton are employed for a great many innocent purposes. Many nations are dependent on them for the conduct of inoffensive industries, and no sufficient presumption of an intended warlike use seems to be afforded by the mere fact of their destination to a belligerent port. The recognition, in principle, of treatment of coal and other fuel and raw cotton as absolutely contraband of war might ultimately lead to a total inhibition of the sale. by neutrals to the people of belligerent states, of all articles which could be finally converted to military uses. Such an extension of the principle by treating coal and all other fuel and raw cotton as absolutely contraband of war, simply because they are shipped by a neutral to a nonblockaded port of a belligerent, would not appear to be in accord with the reasonable and lawful rights of a neutral commerce." Circular letter of John Hay, Secretary of State, to the ambassadors of the United States in Europe, June 10, 1904. 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 not liable to condemnation as contraband:— Slates not destined for the enemy: shovels not adapted for trench. digging: iron pipes not suitable for steam boilers; tin sheets: pencils; steel hoops for packing: wire nails destined for trading purposes; typographer's colours: turpentine; wire not suitable for telegraphs or telephones; instruments for boring naphtha wells; skins and rubber goloshes: drilling machines and lathes; other articles suitable only for peaceful purposes; personal effects of the crew. The "Isiping," Russian and Japanese Prize Cases, vol. 2, pp. 133 and 140.-The following articles were held not to be contraband "from their nature": Flannels, samples of merchandise, tea, English white shirts, black cotton cloth, gray Bombay cotton yarn, green tea, wheels and miscellaneous articles, white cotton thread, cloth, plaster of Paris, basins, soap, sheeting, thread, paper, arsenic and table-ware. Cargo ExPehping," Russian and Japanese Prize Cases, vol. 2, p. 164.-Bombay gray cotton-thread, American gray shirtings, China cloth, cigarettes and playing cards were held not to be contraband "from their nature." Contra as to cotton. The "Calchas," Russian and Japanese Prize Cases, vol. 1, p. 118.In this case the Russian Supreme Court held cotton, going to an enemy's port, to be condemnable, since the owners had not proved the innocent destination. The Court said: "In virtue of the Imperial Order of the 18th April 1904, cotton was added to the list of objects declared Contraband of war, apparently in view of the possibility of utilising it for the manufacture, by chemical process, of pyroxyline and other explosive substances. See also The Cilurnum, Russian and Japanese Prize Cases, vol. 1, p. 186; The St. Kilda, id., p. 188, in which it was stated that under the said Imperial Order, cotton was unconditional contraband. The "Ikhona," Russian and Japanese Prize Cases, vol. 1, p. 226.Leather, cotton goods, zine and tin held not to be contraband. Cargo Ex" Bawtry," Russian and Japanese Prize Cases, vol. 2, pp. 273-280.-The following articles were held not contraband "from their nature": matches, emery wheels, lubricating oil, cotton waste, window glass, soap, iron and zinc sheets, paint brushes, copying press, book-binding tools, re-made paper, English paper, toilet essences, cigarettes, iron roof sheeting, clothing, wooden utensils, hats, enamelled ware, piece goods, waterproof cloth, pens, cotton goods, linen, silk tissue, paper, soda, hydrochloric acid, nitric acid, hemp, iron girders, window glass, roof guttering, spades, scales, bicycle parts, metal ware, heating irons, furniture, mucilage, brushes, machinery, photographic films, photographic paper, chamber utensils, chloride of lime, iron guttering, cotton tissues, delft pottery, sunshades, cotton, emery cloth, glass, woollen goods, table knives, brushes, sewing machines, cocoanut matting, stoves and fittings, iron wire, shavings, meat mincers, perambulator parts, springs, saws, horseshoe nails, cutlery, brass balls, planes, dripping pans, sewing machine needles, yard measures, iron-ware, tools, oil cookers, sandpaper, emery cloth, vises, iron anvils, iron hammers, files, rulers, axes, sewing machines, drawing pins, copying press, kitchen ranges and tiles, scythes, merchandise, iron shafting, copper sheets, patterns, palm-oil, straps, filings, iron bars, clay slabs, paper collars, cuffs, shirts, boots, grindstones and frames, top boots, window glass, plate glass, iron door hinges, agricultural implements, zinc roofing, galvanized iron roof gutters, scythe fastenings, boot trees, wire netting. door mats, galvanized basins, machinery parts, clay paving tiles. candles, boots and signboard, stove fittings, iron grating stands, iron screws, lacquered wire netting, galvanized wire netting, sieves, sloppails, brass-ware, strop-leather, &c., metal-ware, grindstones, hairclippers, hand tools, galvanized iron-ware, sand, copper sulphate crystals, drills, steel stone-cutter's saws, iron rakes, cast-iron plugs. dyes, (dry) zinc pails, wire, hammers, hats and samples, cast-iron pumps and fittings, piston-rod and piston, crude petroleum. string. iron screwdrivers, hand tools, iron rakes, glass-ware and lanterns. steel screws, iron dye-mortar, canvas hosepiping. India-rubber, circular sheets, paper, emery, iron clothes rack, perfumes, powder, &c.. catalogues, toilet cream, powder, soap, gum-arabic, pure starch. siphons for casks, keys, beds, wall-paper, iron chains, anvils, rivets. cuffs, wooden and cast-iron ware, lamp stands, wash-basins, &c., wash-hand stand and fittings, mirrors, water jugs, white cardboard. brass wire, bath tubs and brushes, lamps, concave lenses, cocoanut oil, zinc-ware, pottery, tin lanterns, mirrors, glass, tinware, crystal glass-ware, tooth-wash, tooth-powder, leather goods, fire extinguishers, aluminium and copper kettles, iron bolts, powdered cocoanut. advertising devices, iron grating bar, iron grating frame, steel-ware, ice machine. carpet sweeper, pumps, wringer, aniline dyes, zine sheets. lime, steel pens, metal mirrors, printed matter. wire rope, decimal scales, steel, book-binding cardboard, powder and dyes, pencils, coloured pencils, coloured inks, printed matter, notice-books, oil paper, green dye (dry), cotton, and cotton and silk fabrics, wire netting, paper bags, iron safes, aluminium pots and pans, rubber erasers, penholders, &c., cabinet-work, paper, ink, &c., mathematical | instruments, set squares, T-squares, India-rubber slabs, spiral piping. lamps, drawing instruments, stationery, porcelain, iron washstand and bedsteads, bent-wood furniture, citric acid crystals, steel-ware. wire-ware, brass-ware, workmen's tools, brass sheeting, tin sheeting, screws, packing paper, pig-iron, dry goods, brass balls, tin plates. The "Prinsesse Marie," Russian and Japanese Prize Cases, vol. 1, p. 276.—Paper, nail rods, knitting machines, circular saws, window glass, optical glasses, zinc, wearing apparel and aniline dyes were held not to be contraband. The Tacoma," Russian and Japanese Prize Cases, vol. 2, p. 314Steel bars and machinery fittings bound to an enemy's port were held to be contraband, as materials for ship-building. COTTON. The United States have gone so far as to regard cotton as contraband of war when, in their view, it took the place of money. "Cotton was contraband of war, during the late Civil War, when it was the basis upon which the belligerent operations of the Confederacy rested." "Cotton was useful as collateral security for loans negotiated abroad by the Confederate government, or was sold by it for cash to meet current expenses, or to purchase arms and munitions of war. Its use for such purposes was publicly proclaimed, and its sale interdicted, except under regulations established by, or under con tract with, the Confederate government * * * Cotton in fact was to the Confederacy as much munitions of war as powder and ball, for it furnished the chief means of obtaining these indispensables of warfare. In International Law, there could be no question as to the rights of the Federal commanders to seize it as contraband of war, whether they found it on rebel territory or intercepted it on the way to the parties who were to furnish in return material aid in the form of sinews of war, arms or general supplies." Mr. Bayard, Secretary of State, to Mr. Murnaya, June 28, 1886. Wharton, digest, iii, 438; Hall, p. 690, note. Hall, in his work on International Law (see 5th edition, 664), says that "the United States have gone so far as to regard cotton as contraband of war when, in their view, it took the place of money." As authority for this statement he cites Wharton's International Law Digest, III, 438, where an extract is given from a note of Mr. Bayard, as Secretary of State, to Mr. Muruaga, Spanish minister, of June 28. 1886. The extract, as thus printed, separated from its context, unfortunately conveys, as an examination of the correspondence will show, an erroneous impression, which has been widely disseminated and which may not be unconnected with Russia's action during the war with Japan in declaring cotton to be contraband of war. The question under discussion between Mr. Bayard and the Spanish minister was not one of contraband in the sense of maritime law. The question at issue was the rightfulness of the alleged seizure on land, by military forces of the United States, of a quantity of cotton to which the claimants asserted title under a contract with the Confederate government, which then controlled the supply of cotton and used it as its chief resource for the purchase of arms and ammunition and the payment of current expenses. Under these circumstances, it was held by the American courts, as well as by the military authorities, that cotton within the Confederate territory and control was a legitimate subject of capture. In referring to this fact, Mr. Bayard, in his note to Mr. Muruaga, of June 28, 1886, said that there was no doubt that cotton might, under the circumstances described, be seized as "contraband of war." using the term perhaps unadvisedly and at any rate in an untechnical sense, just as it was applied by General Butler to captured slaves. Mr. Bayard's use of the term, however, gave to Mr. Muruaga an opportunity to point out, as he did in a note of August 13, 1886, that the United States did not during the Civil War treat cotton as contraband of war, and that the acceptance of such a proposition would imply an extension of the recognized lists of contraband articles. Mr. Bayard, replying on December 3, 1886, said: "You mistake the position of the United States * * * when you suppose that it is proposed by us formally to insert cotton on the lists of articles contraband of war The seizure by the Government of the United States in 1865 is not to be narrowed to a question of contraband. The distinctions as to contraband have grown up from seizures of neutral vessels at sea, when the presumption arising from the ordinary inviolability of a neutral vessel has to be overcome before the seizure can be sustained. Here the seizure was not on board a neutral vessel, or on neutral territory invaded on ground of necessity, but on * * |