44 MOORE— CONTRABAND OF WAR. [February 2, 



Pyrenees, concluded between France and Spain, November 7, 1659: Vol. i, pp. 

 45-46, of " A General Collection of Treatys, Declarations of War, Manifestos, 

 and other Publick Papers, relating to Peace and War," 2d edition, London, 

 1732.) 



Note D. 



Treaty of Commerce betzvcen Great Britain and France, Signed at Utrecht, 

 March 31-April 11, 1713, Arts. XIX., XX. 



Article XIX. Under, this name of contraband, or prohibited goods, shall 

 be comprehended arms, great guns, bombs, with their fusees and other things 

 belonging to them ; fire-balls, gunpowder, match, cannon-ball, pikes, swords, 

 lances, spears, halberds, mortars, petards, granadoes, saltpetre, muskets, 

 musket-ball, helmets, head-pieces, breast-plates, coats of mail, and the like 

 kinds of arms, proper for arming soldiers, musket-rests, belts, horses with 

 their furniture, and all other warlike instruments whatever. 



Article XX. These merchandizes which follow shall not be reckoned 

 among prohibited goods, that is to say, all sorts of clothes, and all other 

 manufactures woven of any wool, flax, silk, cotton, or any other materials 

 whatever ; all kinds of clothes and wearing apparel, together with the species 

 whereof they are used to be made; gold and silver, as well coined as un- 

 coined, tin, iron, lead, copper, brass, coals; as also wheat and barley, and any 

 other kind of corn, and pulse; tobacco, and likewise all manner of spices, 

 salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, 

 and all sorts of salt, and, in general, all provisions which serve for the nourish- 

 ment of mankind, and the sustenance of life. Furthermore, all kinds of 

 cotton, hemp, flax, tar, pitch, ropes, cables, sails, sailcloths, anchors, and any 

 parts of anchors ; also shipmasts, planks, boards and beams of what trees 

 soever ; and all other things proper either for building or repairing ships ; 

 and all other goods whatever, which have not been worked into the form of 

 any instrument, or thing prepared for war, by land or by sea, shall not be 

 reputed contraband, much less such as have been already wrought and made 

 up for any other use ; all which shall wholly be reckoned among free goods, 

 as likewise all other merchandizes and things which are not comprehended, 

 and particularly mentioned in the preceding article, so that they may be trans- 

 ported, and carried in the freest manner by the subjects of both confederates, 

 even to places belonging to an enemy, such towns or places being only ex- 

 cepted, as are at that time besieged, blocked up round about, or invested. 

 (Jenkinson's "Treaties," II., 51.) 



Note E. 



Treaty of Commerce and Navigation between Great Britain and Russia, June 



20, 1766, Arts. X. and XL, referred to in the third article of the 



declaration of the Empress Catherine of Feb. 28, 1780. 



X. Permission shall be granted to the subjects of the two contracting 

 parties to go, come, and trade freely with those states, with which one or 

 other of the parties shall at that time, or at any future period, be engaged in 



