1912.] MOORE— CONTRABAND OF WAR. 23 



jects of a neutral power," or " in violation or contravention of the 

 law of nations," among which was enumerated the carrying of 

 " arms, ammunition, military stores or materials " ; and declared that 

 "all persons so offending, together with their ships and goods, will 

 rightfully incur and be justly liable to hostile capture, and to the 

 penalties denounced by the law of nations. "^- 



The governor of Curagao, acting under instructions of the min- 

 ister of the colonies of the Netherlands, issued a decree prohibiting 

 " the exportation of arms, ammunition, or other war materials to 

 the belligerents."^^ 



Portugal, while stating, in Article IV. of her neutrality decree 

 of April 29, 1898, that "all articles of lawful commerce" belonging 

 to subjects of the belligerent powers might be carried under the Por- 

 tuguese flag, and that such articles belonging to Portuguese subjects 

 might be carried under the flag of either belligerent, yet declared: 

 " Articles that may be considered as contraband of war are expressly 

 excluded from the provisions of this article."^* 



Were further proof needed of the unneutral and noxious char- 

 acter of contraband trade, it might be found in the doctrine of infec- 

 tion, under which innocent cargo is condemned when associated with 

 contraband merchandise of the same proprietor, and the transporta- 

 tion penalized by loss of freight and expenses, and, under various 

 circumstances, by confiscation of the ship. 



Bearing in mind that the subject which we are considering is 

 one of universal interest, directly affecting the world's trade and 

 involving the imposition of heavy pecuniary penalties upon indi- 

 viduals, one ventures little in saying that among present-day ques- 

 tions of maritime law, touching intercourse between belligerents 

 and neutrals, the most important is that of contraband. This may 

 be affirmed in spite of the fact that, partly because of the lack of 

 great maritime wars in recent times, its gravity may not at the 

 moment be generally or popularly appreciated. The question of 



"Id., 35. 

 "Id., 27. 



" Id., 61. See, also, the proclamation of the taotai of Shanghai, id., 20, 

 and the instructions of the Haitian Government, id., 39. 



