I9I2.] MOORE— CONTRABAND OF WAR. 29 



and it was expressly declared that wheat and grains of all sorts, 

 vegetables and other things serving to sustain life, might be carried 

 to the enemy, provided that they were not transported to towns and 

 places actually under attack and were taken voluntarily and not 

 under compulsion of the enemy, in which case they might be seized 

 and retained on paying their just value. 



November 7, 1659, there was concluded between France and 

 Spain the famous Treaty of the Pyrenees. Articles XII. and XIII. 

 dealt with the subject of contraband, including therein only such 

 things as were distinctly of warlike character, and excluding there- 

 from wheat, corn and other grains, pulse, oils, wines, salt, and gen- 

 erally all things useful to sustain life, unless destined to towns and 

 places " besieged, blocked up, or surrounded. "^^ 



The Dutch agreed to these categories in 1662, and were soon 

 followed by Great Britain, in treaties made with the United Prov- 

 inces and Spain in 1667, and with France in 1677. 



In 1713 came the Peace of Utrecht. By the treaties concluded 

 between France and the other powers on that occasion, the subject 

 of contraband was definitely regulated on the most advanced lines. 

 For example, in the treaty of commerce with Great Britain signed 

 April II (171 3), while contraband was limited to certain enumerated 

 articles of warlike character, the non-contraband list, which em- 

 braced wheat, barley and other grains, pulse, tobacco, spices, salt and 

 smoked fish, cheese and butter, beer, oils, wines, sugars, salt, " and 

 in general all provisions which serve for the nourishment of man- 

 kind and the sustenance of life," was extended to many other arti- 

 cles, all of which were declared to be free except when transported 

 to places " besieged, blocked up round about, or invested."^'' 



Similar stipulations were incorporated in the British-French 

 commercial treaty signed at Versailles September 26, 1786. 



In the manifesto of the Empress Catherine of Russia of 1780, 

 which formed, as heretofore stated, the basis of the Armed Neu- 

 trality, it was declared that her Imperial Majesty adhered to Articles 

 X. and XL of her treaty of commerce with Great Britain, and ex- 



^^Note C, infra, p. 43. 

 " Note D, infra, p. 44. 



