38 MOORE— CONTRABAND OF WAR. [February 2. 



heads, namely, foodstuffs ; forage and grain, suitable for feeding 

 animals ; clothing, fabrics for clothing, anrl boots and shoes, suitable 

 for use in war; gold and silver in coin or bullion, and paper money; 

 vehicles of all kinds available for use in war, and their component 

 parts; vessels, craft, and boats of all kinds,-^ floating docks, parts 

 of docks and their component parts ; railway material, both fixed 

 and rolling-stock, and materials for telegraphs, wireless telegraphs, 

 and telephones ; balloons and flying machines and their distinctive 

 component parts, together with accessories and articles recognizable 

 as intended for use in connection with balloons and flying machines ; 

 fuel, and lubricants ; powder and explosives not specially prepared 

 for use in war ; barbed wire and implements for fixing and cutting 

 it ; horseshoes and shoeing materials ; harness and saddlery ; field 

 glasses, telescopes, chronometers, and all kinds of nautical instru- 

 ments. And to this list belligerents are (Article 25) allowed to add 

 by declarations notified to other powers. 



For all contraband the Declaration preserves (Article 39) the 

 penalty of condemnation; and it provides (Article 33) that "condi- 

 tional contraband" shall be liable to capture if "destined for the 

 use of the armed forces or of a government department of the 

 enemy state, unless in this latter case the circumstances show that 

 the articles cannot in fact be used for the purposes of the war in 

 progress." As to proof of destination, the provisions of the Decla- 

 ration are two-fold. The doctrine of continuous voyage, though 

 declared to be applicable to absolute contraband, is not applied to 

 conditional, so that cargoes of the latter are not put in jeopardy 

 when sent to a neutral port. This is a desirable and important safe- 

 guard. A hostile destination is, on the other hand, presumed (Arti- 

 cle 34) " if the consignment is addressed to enemy authorities, or to 

 a merchant, established in the enemy country, and when it is well 



^ This provision that vessels, craft and boats shown to be intended for 

 belligerent use may be seized and confiscated as contraband evidently is not 

 intended to alter or modify the lavi^ according to which the fitting out, arming, 

 or equipping in neutral jurisdiction of a vessel to cruise or carry on war 

 against one of the belligerents constitutes, not a mere transaction in contra- 

 band, but the setting on foot of a hostile expedition, which the neutral is 

 bound to use due diligence to prevent. 



