CONTRABAND OF WAR. 



By John Bassett Moore. 

 (Read February 2, 1912.) 



The word contraband (Italian, contrahbando; Spanish, contra- 

 band 0) signifies something prohibited — a trade carried on, or an 

 article imported or dealt in, in violation of some inhibition. Thus, 

 smuggled goods are often spoken of as contraband. 



The term contraband of war denotes commodities which it is 

 unlawful to carry to the country, or to the military or naval forces, 

 of a belligerent. By a " belligerent " is meant one of the parties to 

 a war. Often the word "enemy" is used instead of "belligerent." 

 Writers constantly speak of an " enemy " or " enemy's " country, an 

 " enemy " ship, or " enemy " goods, meaning thereby merely that 

 the country, or the ship, or the merchandise, is that of a party to a 

 war, that is to say, of a belligerent government or of one of its 

 citizens. Sometimes the word "/zo.y///^" is used instead of "enemy." 



When war breaks out between two countries, the carrying on of 

 trade by the citizens of the one country with those of the other 

 becomes unlawful; but the same general interruption does not 

 extend to the commercial intercourse between the parties to the war 

 and third parties, called neutrals. The intercourse between the bel- 

 ligerents and neutrals continues. This continuance is regarded not 

 as a favor granted to the belligerents but as a right belonging to 

 neutrals. As between the belhgerents, neither is required to grant 

 to the other any privilege in respect of trade. On the contrary, 

 they endeavor to subdue each other by attacks upon persons and 

 upon property. This is their acknowledged right. But the rest of 

 the world, composed of neutral powers, having no part in the quarrel 

 and perhaps little concern in the issue, also has its rights. Its 

 interests and convenience are not to be wholly subordinated and 

 sacrificed to the exigencies of the one or the other of the belligerents, 



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