1912.] MOORE— CONTRABAND OF WAR. 33 



value of the cargo at its port of destination at the time at which it 

 probably would have arrived there, had it not been seized. The 

 awards of the commission in the case of captured vessels laden with 

 provisions and bound to France are estimated to have amounted to 

 £720,000, or approximately $3,500,000.^^ 



The position successfully maintained by the United States in 

 the case of Great Britain was altogether in accord with that which 

 was reciprocally acted upon in its relations with other powers. The 

 commercial treaty with France of 1778 — the first treaty concluded 

 by the United States — substantially incorporated the Utrecht clause 

 on the subject of contraband,-" as also did the later convention of 

 1800. A similar stipulation may be found in the treaty with Sweden 

 of 1783, and in that with Spain of 1795. In the treaties of 1785 and 

 1799 the United States and Prussia went so far as to agree that 

 even arms and munitions of war, when seized as contraband, should 

 not be confiscated, but that the captor should pay for them if he 

 converted them to his own use, or pay damages if he merely detained 

 them.-^ In the treaty between the United States and Colombia of 

 1824 a clause on contraband was inserted which furnished the model 

 followed by the United States with practical uniformity in its sub- 

 sequent treaties.-*^ It is substantially reproduced in the contraband 

 articles of the treaty with Italy of 1871. It may also be found in 

 identical or nearly identical terms in the treaties between the United 

 States and the following powers: Central America, 1825; Brazil, 

 1828; Mexico, 1831 ; Chile, 1832; Peru-Bolivia, 1836; Venezuela, 

 1836 and i860; Ecuador, 1839; New Granada, 1846; Salvador, 1850 

 and 1870; Peru, 1851 and 1870; Two Sicilies, 1855; Bolivia, 1858; 

 Haiti, 1864; Dominican Republic, 1867. 



During the war with Spain, in 1898, the subject of contraband 

 was dealt with by the United States in General Orders No. 492, 

 which specified certain articles as " absolutely contraband " and 

 others as " conditionally contraband." The former included arms 



^ Moore, " History and Digest of International Arbitrations," I., 343-344. 



-* Note G, infra, p. 46. 



^ Note H, infra, pp. 47-48. 



=" Note /, infra, p. 48. 



PROC. AMER. PHIL. SOC, LI. 203 C, PRINTED MARCH 16, I9I2. 



