191^.] MOORE— CONTRABAND OF WAR. 47 



low shall not be reckoned among contraband or prohibited goods; that is to 

 say, all sorts of cloths, and all other manufactures woven of any wool, flax, 

 silk, cotton or any other materials whatever; all kinds of wearing apparel, 

 together with the species whereof they are used to be made; gold and silver, 

 as well coined as uncoined, tin, iron, latten, copper, brass, coals; as also 

 wheat and barley, and any other kind of corn and pulse; tobacco, and like- 

 wise all manner of spices ; salted and smoked flesh, salted fish, cheese and 

 butter, beer, oils, wines, sugars, and all sorts of salts ; and in general all pro- 

 visions which serve for the nourishment of mankind and the sustenance of 

 life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, 

 sails, sail-cloths, anchors and any parts of anchors, also ships' masts, 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 be wholly 

 reckoned among free goods ; as likewise all other merchandizes and things 

 which are not comprehended and particularly mentioned in the foregoing 

 enumeration of contraband goods; so that they may be transported 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 excepted as are at 

 that time besieged, blocked up, or invested. 



Note H. 



Treaty between the United States and Prussia, September lo, 1785 (signed 

 on the part of the United States by Franklin, Jefferson, and Adams), 



Art. XIII. 



Article XIII. And in the same case of one of the contracting parties 

 being engaged in war with any other Power, to prevent all the difficulties 

 and misunderstandings that usually arise respecting the merchandize hereto- 

 fore called contraband, such as arms, ammunition, and military stores of 

 every kind, no such articles carried in the vessels, or by the subjects or citi- 

 zens of one of the parties to the enemies of the other, shall be deemed con- 

 traband, so as to induce confiscation or condemnation and a loss of property 

 to individuals. Nevertheless, it shall be lawful to stop such vessels and 

 articles, and to detain them for such length of time as the captors may think 

 necessary to prevent the inconvenience or damage that might ensue from their 

 proceeding, paying, however, a reasonable compensation for the loss such 

 arrest shall occasion to the proprietors : And it shall further be allowed to use 

 in the service of the captors the whole or any part of the military stores 

 so detained, paying the owners the full value of the same, to be ascertained 

 by the current price at the place of its destination. But in the case supposed, 

 of a vessel stopped for articles heretofore deemed contraband, if the master 

 of the vessel stopped will deliver out the goods supposed to be of contra- 

 band nature, he shall be admitted to do it, and the vessel shall not in that 

 case be carried into any port, nor further detained, but shall be allowed to 

 proceed on her voyage. 



