26 MOORE— CONTRABAND OF WAR. [Februarys, 



The world accepted this principle with joyful unanimity. We 

 may, however, pertinently inquire, What is it worth, if the definition 

 of contraband be not properly limited ? The answer is not difficult. 

 If the definition of contraband be so extended as to emj^race in some 

 form, positively or conditionally, practically all articles of com- 

 merce, the question of blockade ceases to be important. The 

 security intended to be afforded to the neutral, by requiring the bel- 

 ligerent to make his blockade effective, becomes a mockery ; the 

 belligerent is practically relieved of the burden of maintaining block- 

 ades, for, instead of keeping his ships at certain points and hamper- 

 ing his offensive use of them, he can roam the seas at will and seize 

 all articles destined to any belligerent port under the claim of 

 contraband. 



Let us consider the significance of the question of contraband in 

 yet another relation. It is creditable to our humanity that proposals 

 having a benevolent sound usually evoke a prompt and generous 

 response, but it sometimes happens that the substance upon exami- 

 nation turns out to be less benevolent than the sound. We have 

 lately heard much of the proposed immunity of private property at 

 sea from capture. The United States is said to have advocated 

 such a measure at both Hague Conferences. What has happened 

 is actually this : Some of our earlier statesmen, notably Franklin, 

 did in reality advocate a very wide exemption not only of property 

 but also of persons, on land as well as on the sea, from the opera- 

 tions of war ; and their example was followed by some of their suc- 

 cessors. In 1857 the government of the United States, being em- 

 barrassed by its refusal to accede to the Declaration of Paris on 

 account of the clause abolishing privateering, offered to adhere on 

 condition that the powers go farther and exempt private property 

 at sea from capture; but this off'er was expressly subject to the 

 exceptions of contraband and blockade. In 1907 Mr. Choate, on 

 behalf of the Delegation of the United States, submitted to the 

 second Peace Conferences at The Hague the following resolution: 



The private property of all citizens or subjects of the signatory powers, 

 with the exception of contraband of war, shall be exempt from capture or 

 seizure on the sea by the armed vessels or by the mihtary forces of any of 



