22 MOORE— CONTRABAND OF WAR. [Februarys, 



to any of them those articles which are deemed contraband by the modern 

 usage of nations, will not receive the protection of the United States against 

 such punishment or forfeiture.'' 



Jefferson, in his subseqtient note to the British minister, May 

 15, 1793, observes that in the case of contraband the law of nations 

 is satisfied with the "external penalty" pronouncecd in the Presi- 

 dent's proclamation.^ 



President Grant, in the proclamation issued by him August 22, 

 1870, during the Franco-German war, declares, in the most precise 

 terms : 



While all persons may lawfully, and without restriction, by reason of 

 the aforesaid state of war, manufacture and sell within the United States 

 arms and munitions of war, and other articles ordinarily known as " contra- 

 band of war," yet they can not carry such articles upon the high seas for the 

 use or service of either belligerent, . . . without incurring the risk of hostile 

 capture and the penalties denounced by the law of nations in that behalf. 

 And I do hereby give notice that all citizens of the United States, and others 

 who may claim the protection of this Government who may misconduct them- 

 selves in the premises, will do so at their peril, and that they can in no wise 

 obtain any protection from the Government of the United States against the 

 consequences of their misconduct.* 



In the neutrality proclamations, issued during the war between 

 the United States and Spain, the following provisions are found, in 

 which the furnishing of arms and munitions of war to either party 

 to the conflict is expressly treated as an act of unneutrality. 



The Brazilian government, by a circular of April 29, 1898, de- 

 clared to be " absolutely prohibited " the " exportation of material 

 of war from the ports of Brazil to those of either of the belligerent 

 powers, under the Brazilian flag or that of any other nation."^*' 



The King of Denmark issued April 29, 1898, a proclamation 

 prohibiting Danish subjects "to transport contraband of war for 

 any of the belligerent powers. "^^ 



Great Britain's proclamation of April 23, 1898, warned British 

 subjects against doing any act " in derogation of their duty as sub- 



' Am. State Papers, For. Rel., I., 140. 



* Moore, "Digest of Int. Law," VII., 955. 



"Moore, "Digest of Int. Law," VII., 75i- 



^° Proclamations and Decrees during the War with Spain, 13. 



" Proclamations, etc., 22. 



