forced during the war with Spain,30 but the President, by a proclamation of October 14, 1905, prohibited, without limitation or exception, till it should be otherwise ordered, the export of arms and munitions of war to the Dominican Republic. This prohibition, as the proclamation recites, was established for what appeared to the President to be "good and sufficient reasons." It was not founded upon any legal obligation. The fact that the American supervision of the Dominican customs administration had then in effect begun furnished a special justification for preventing acts that tended to disturb the public peace of the island. Nevertheless, the interest of the United States in the collection of the Dominican customs can hardly be considered as more important than its interest in the adjustment and preservation of the rights of neutral commerce in time of war, or as rendering proper in the former case a precaution which would not be admissible in the latter. It is not, however, my purpose to lay undue stress upon the method of dealing with absolute contraband; nor do I wish to intimate that the general abolition of conditional contraband should await the adoption of further measures in respect of absolute contraband.

APPENDIX.
NOTE A.

Treaty of Commerce between the United States and Italy, February 26, 1871, Articles XII. and XV.

Art. XII. The high contracting parties agree that, in the unfortunate event of a war between them, the private property of their respective citizens and subjects, with the exception of contraband of war, shall be exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of either party; it being understood that this exemption shall not extend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party.

Art. XV. The liberty of navigation and commerce secured to neutrals by the stipulations of this treaty shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war. And, in order to remove all causes of doubt and misunderstanding upon this subject, the contracting parties expressly agree and declare that the following articles, and no others, shall be considered as comprehended under this denomination:

30

Moore, "Digest of International Law," VII., 194.

1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuses, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds, bombs, grenades, powder, matches, balls, and all other things belonging to, and expressly manufactured for, the use of these arms.

2. Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use.

3. Cavalry belts, war saddles and holsters.

4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land.

NOTE B.

Proposition (translated) of the Delegation of the United States at The Hague Conference of 1907 on Contraband of War:

I. Absolute contraband shall consist of arms, munitions of war, provisions, and articles employed solely for a military purpose or for military establishments.

2. Conditional contraband shall consist of provisions, materials and articles which are employed for the double purpose of peace and of war, but which by reason of their nature or special qualities, or their quantity, or by their nature, quality and quantity are suitable and necessary for a military purpose, and which are destined for the use of the armed forces or the military establishments of the enemy.

3. The list of articles and of provisions which shall be included in each of the aforesaid classes must be duly published and notified to neutral governments, or to their diplomatic agents, by the belligerents, and no article shall be seized or confiscated under the head of conditional contraband as to which such advice has not been given. ("Deuxième Conférence de la Paix," Actes et Documents, III., 1160.)

NOTE C.

Treaty of the Pyrenees, November 7, 1759.

sorts

XII. By . . . Contraband-Goods, are only understood all of Fire-Arms, and all things belonging to them; as Cannons, Muskets, Mortar-pieces, Petards, Bombs, Granadoes, Saucidges, Pitch'd-circles, Carriages, Forks, Bandaliers, Gunpowder, Cords, Saltpeter, Bullets, Pikes, Swords, Casks, Head-pieces, Cuirasses, Halberts, Javelins, Horses, Saddles for Horses, Holsters for Pistols, Belts, or any other warlike Furnitures.

XIII. In that kind of Contraband-Goods, shall not be comprehended Wheat, Corn, or other Grains, Pulse, Oils, Wines, Salt, nor generally anything belonging to the nourishment and sustentation of Life; but they shall remain free, as all other Merchandizes and Commoditys, not comprehended in the foregoing Article: And the transportation of them shall be free, even to Places in enmity with the Crown of Spain, except Portugal, as aforesaid, and the Towns and Places besieged, block'd up, or surrounded. (Treaty of the

Pyrenees, concluded between France and Spain, November 7, 1659: Vol. 1, pp. 45-46, of “A General Collection of Treatys, Declarations of War, Manifestos, and other Publick Papers, relating to Peace and War," 2d edition, London, 1732.)

NOTE D.

Treaty of Commerce between Great Britain and France, Signed at Utrecht, March 31-April 11, 1713, Arts. XIX., XX.

Article XIX. Under this name of contraband, or prohibited goods, shall be comprehended arms, great guns, bombs, with their fusees and other things belonging to them; fire-balls, gunpowder, match, cannon-ball, pikes, swords, lances, spears, halberds, mortars, petards, granadoes, saltpetre, muskets, musket-ball, helmets, head-pieces, breast-plates, coats of mail, and the like kinds of arms, proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instruments whatever.

Article XX. These merchandizes which follow shall not be reckoned among prohibited goods, that is to say, all sorts of clothes, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever; all kinds of clothes and wearing apparel, together with the species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, iron, lead, copper, brass, coals; as also wheat and barley, and any other kind of corn, and pulse; tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salt, and, in general, all provisions which serve for the nourishment of mankind, and the sustenance of life. Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sailcloths, anchors, and any parts of anchors; also shipmasts, planks, boards and beams of what trees soever; and all other things proper either for building or repairing ships; and all other goods whatever, which have not been worked into the form of any instrument, or thing prepared for war, by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall wholly be reckoned among free goods, as likewise all other merchandizes and things which are not comprehended, and particularly mentioned in the preceding article, so that they may be transported, and carried in the freest manner by the subjects of both confederates, even to places belonging to an enemy, such towns or places being only excepted, as are at that time besieged, blocked up round about, or invested. (Jenkinson's "Treaties," II., 51.)

NOTE E.

Treaty of Commerce and Navigation between Great Britain and Russia, June 20, 1766, Arts. X. and XI., referred to in the third article of the declaration of the Empress Catherine of Feb. 28, 1780.

X. Permission shall be granted to the subjects of the two contracting parties to go, come, and trade freely with those states, with which one or other of the parties shall at that time, or at any future period, be engaged in

war, provided they do not carry military stores to the enemy. From this permission, however, are excepted places actually blocked up, or besieged, as well by sea as by land; but at all other times, and with the single exception of military stores, the above-said subjects may transport to these places all sorts of commodities, as well as passengers without the least impediment. With regard to the searching of merchant ships, men of war and privateers shall behave as favourably as the reason of the war, at that time existing, can possibly permit towards the most friendly powers that shall remain neuter; observing, as far as may be, the principles and maxims of the law of nations, that are generally acknowledged.

XI. All cannon, mortars, muskets, pistols, bombs, grenades, bullets, balls, fusees, flint-stones, matches, powder, saltpetre, sulphur, breast-plates, pikes, swords, belts, cartouch-bags, saddles, and bridles, beyond the quantity that may be necessary for the use of the ship, or beyond what every man serving on board the ship, and every passenger, ought to have, shall be accounted ammunition or military stores; and, if found, shall be confiscated, according to law, as contraband goods or prohibited commodities; but neither the ships nor passengers, nor the other commodities found at the same time, shall be detained or hindered to prosecute their voyage. (Chalmers, I., 7.)

NOTE F.

Treaty between the United States and Great Britain, November 19, 1794, Art. XVIII.

Article XVIII. In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall be comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musket-rests, bandoliers, gun-powder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war, as also timber for ship-building, tar or rosin, copper in sheets, sails, hemp, and cordage, and generally whatever may serve directly to the equipment of vessels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of confiscation whenever they are attempted to be carried to an enemy.

And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise: It is further agreed that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or, in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessels the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.

And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is either besieged, blockaded or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter, but she shall be permitted to go to any other port or place she may think proper; nor shall any vessel or goods of either party that may have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof.

NOTE G.

Treaty of Commerce between the United States and France, February 6, 1778, Arts. XXIII., XXIV.

Art. XXIII. It shall be lawful for all and singular the subjects of the Most Christian King, and the citizens, people and inhabitants of the said United States, to sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with the Most Christian King or the United States. It shall likewise be lawful for the subjects and inhabitants aforesaid to sail with the ships and merchandizes aforementioned, and to trade with the same liberty and security from the places, ports and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince or under several. And it is hereby stipulated that free ships shall also give a freedom to goods, and that everything shall be deemed to be free and exempt which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies.

Art. XXIV. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods shall be comprehended arms, great guns, bombs with the fuzes, and other things belonging to them, cannon-ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, granades, saltpetre, muskets, musket-ball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms proper for arming soldiers, musket-rests, belts, horses with their furniture. and all other warlike instruments whatever. These merchandizes which fol