516 INTERNATIONAL LAW 



His Excellency, Count Cassini, the ambassador of the Czar at 

 Washington, on the 15th of September, kindly called my attention 

 to the fact that: " As to the question of one of the belligerents 

 declaring absolute contraband goods, not generally recognized as 

 such, it cannot be regarded as something quite unusual. During 

 the Franco-Chinese war, for instance, the French Government 

 declared rice absolutely contraband without consideration to its 

 use, which declaration was left unprotested by any neutral power." 



With deference it is submitted that the action of France was in 

 that case promptly protested by England and that Lord Granville 

 gave notice that Great Britain would not consider herself bound by 

 a decision of any prize court in support of the claim of France, and 

 no seizure of rice was in fact made. 1 



Supplies of American canned meats bound for Port Arthur and 

 Vladivostock were, at the opening of the war, seized by the Japan- 

 ese, but they were plainly contraband as destined for the use of the 

 enemy's armed force. 2 



As Dr. Lawrence shows, England imports about four fifths of 

 the wheat and flour she consumes, and, as he says, " The value of 

 our food trade to other nations secures that we shall receive powerful 

 assistance in our efforts to keep it open. It is a matter of life and 

 death for us to prevent any change in international law which shall 

 make the food of the civilian population undoubtedly contraband, 

 and if arguments and protests will not do it, force must." 3 



The United States is a great exporter of cotton (she produces 

 about two thirds of the world's supply) and of food products. About 

 one half of her population is directly engaged in agriculture, or con- 

 stitutes the households of those who are so engaged. As a result, 

 no government can maintain itself in that republic which does not 

 use all possible efforts to keep open this foreign trade in field products. 



Against earnest and concurrent action on the part of these two 

 powers it would seem strange if Russia should successfully carry out 

 her plan for extending the definition of contraband, and so turn 

 back the happy progress of neutral right. In so far as condemnations 

 have already taken place, they will undoubtedly be the source of 

 claims for damages which will not be easily satisfied. 



The fact that cotton was declared contraband by the United 

 States in its war with the Confederacy seems hardly in point, as 

 cotton was then substantially a government monopoly in the Con- 

 federacy and almost its only source of revenue. 3 Cotton and its 

 seed are the most considerable item in the imports of Japan, being 



1 Hall's International Law, 1904, pp. 662, 663; Lawrence's War and Neutrality 

 in the Far East, p. 164; Wheaton's International Law, 4th Eng. ed. 1904, p. 672. 

 J Lawrence's H ar and Neutrality in the Far East, p. 167. 

 Ibid. p. 171. 



