I9I2-] MOORE— CONTRABAND OF WAR. 45 



war, provided they do not carry military stores to the enemy. From this 

 permission, however, are excepted places actually blocked up, or besieged, as 

 well by sea as by land ; but at all other times, and with the single exception 

 of military stores, the above-said subjects may transport to these places all 

 sorts of commodities, as well as passengers without the least impediment. 

 With regard to the searching of merchant ships, men of war and privateers 

 shall behave as favourably as the reason of the war, at that time existing, can 

 possibly permit towards the most friendly powers that shall remain neuter; 

 observing, as far as may be, the principles and maxims of the law of nations, 

 that are generallj^ acknowledged. 



XL All cannon, mortars, muskets, pistols, bombs, grenades, bullets, balls, 

 fusees, flint-stones, matches, powder, saltpetre, sulphur, breast-plates, pikes, 

 swords, belts, cartouch-bags, saddles, and bridles, beyond the quantity that 

 may be necessary for the use of the ship, or beyond what every man serving 

 on board the ship, and every passenger, ought to have, shall be accounted 

 ammunition or military stores; and, if found, shall be confiscated, according 

 to law, as contraband goods or prohibited commodities ; but neither the ships 

 nor passengers, nor the other commodities found at the same time, shall be 

 detained or hindered to prosecute their voyage. (Chalmers, I., 7.) 



Note F. 



Treaty between the United States and Great Britain, November 19, 1794, 



Art. XVIII. 



Article XVIII. In order to regulate what is in future to be esteemed con- 

 traband of war, it is agreed that under the said denomination shall be com- 

 prised all arms and implements serving for the purposes of war, by land or 

 sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, 

 saucisses, carriages for cannon, musket-rests, bandoliers, gun-powder, match, 

 saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, 

 horse-furniture, holsters, belts, and generally all other implements of war, as 

 also timber for ship-building, tar or rosin, copper in sheets, sails, hemp, and 

 cordage, and generally whatever may serve directly to the equipment of ves- 

 sels, unwrought iron and fir planks only excepted ; and all the above articles 

 are hereby declared to be just objects of confiscation whenever they are 

 attempted to be carried to an enemy. 



And whereas the difficulty of agreeing on the precise cases in which alone 

 provisions and other articles not generally contraband may be regarded as 

 such, renders it expedient to provide against the inconveniences and mis- 

 understandings which might thence arise : It is further agreed that whenever 

 any such articles so becoming contraband, according to the existing laws of 

 nations, shall for that reason be seized, the same shall not be confiscated, 

 but the owners thereof shall be speedily and completely indemnified; and 

 the captors, or, in their default, the Government under whose authority they 

 act, shall pay to the masters or owners of such vessels the full value of all 

 such articLes, with a reasonable mercantile profit thereon, together with the 

 freight, and also the demurrage incident to such detention. 



