city of Washington, have sold and delivered any amount of such stores to Frederick William or Louis Napoleon in person, without violating the obligations of neutrality, providing such sales were made in good faith, not for the purpose of influencing the strife, but in execution of the lawful purpose of the Government to sell its surplus arms and stores."

It was then stated that after certain sales to Remington & Sons had been agreed on, but before delivery, the Secretary of War received a telegram, which led him "to suspect that Remington & Sons might be purchasing as agents of the French Government," and he then gave orders that no further sales should be made to them. The sale already made, however, was not repudiated, and the articles. were delivered subsequent to the reception of the telegram.

The committee, after an examination of the facts, reported as follows:

"Your committee, without hesitation, report that the sales of arms and military stores during the fiscal year ending June 30, 1871, were not made under such circumstances as to violate the obligations of our Government as a neutral power; and this, to recapitulate, for three reasons: (1) The Remingtons were not, in fact, agents of France during the time when sales were made to them; (2) if they were such agents, such fact was neither known nor suspected by our Government at the time the sales were made; and (3) if they had been such agents, and if that fact had been known to our Government, or if, instead of sending agents, Louis Napoleon or Frederick William had personally appeared at the War Department to purchase arms it would have been lawful for us to sell to either of them, in pursuance of a national policy adopted by us prior to the commencement of hostilities."1

See the Senate Report, 42d Cong., 2d sess., Rep. 183. And see House Report, 46, 42d Cong., 2d sess.

Perels, Int. Seerecht, 251, says that the Government of the United States sold in October, 1870, at public auction, 500,000 muskets, 163 carbines, 35,000 revolvers, 40,000 sabers, 20,000 horse-trappings, and 50 batteries with ammunition; and that the export from New York to France from September to the middle of December of that year included 378,000 muskets, 45,000,000 patronen, 55 cannon, and 2,000 pistols. (3 Wharton's Digest, p. 513.)

It is to be hoped that the report of the Senate committee does not express the settled law of the United States upon this subject. It confounds the rights and duties of a neutral state with those of the private citizens of a neutral state, which is a very different matter. Such a transaction, however innocent the intention, can hardly fail to raise the suspicion of bad faith on the part of the neutral government. For it is undoubtedly true that a war between foreign states provides just the opportunity for the sale of such articles to the best advantage.

SECTION 44.-CONTRABAND OF WAR.

PROCLAMATION OF CHARLES I., 1625.

(Collectanea Maritima, 54.)

"Forasmuch as the many injuries and indignities obtruded upon the King's most excellent Majesty, and his most deare and onlie Sister and her children, and his royal Father, of ever blessed memory, deceased, by the King of Spaine, under colour of treaties and alliances, the many violences offered by him to divers of his Majestie's subjects, in taking, slaying and ransoming divers of them, in a hostile manner, whilest they intended onely their merchandize at sea. The King of Spayne's restlesse ambition to aspire to an universall monarchye, discover'd to the whole world, to the disquieting of that peace which other Princes and States, his neighbours, would gladly rest in and enjoy, have, out of an unavoidable necessity, drawn his most excellent Majestie to take up armes against the said King, for defence of himselfe, his dominions, and subjects, and of other Princes and States, his confederates and allies, there being none other safe meanes for the obteyning of an assured peace to himself and his subjects, and to his confederates and allyes, which his highness shall be ever most ready to imbrace, when with safety and honour it may be had. His Majestie, in his princely wisedome and providence, foreseeing that whilst the said King of Spaine contynneth in these termes and courses of hostilitye, itt is neither agreeable with the rules of policie, or law of nations, to permitt the said King, or his subjects, to be furnished and supplyed with corne, victual, armes, or provision for his shipping, navye, or armes, if the same can be prevented; for although theis violent hostilities of the said King of Spayne, to the trouble of a great part of the Christian domynions, are mightily maynteyned by the aboundance of his treasure from the Indyes, wherein he trusteth, and with the opinion whereof he is puffed up. Yett itt is manifest, that to maynteyne his armes, and renew his shipping, his monies in their propper nature would not suffice, if he were not contynually supplied with corne, and other victualls, and furnished with munition, and materialls for armes and shipping, from foreigne countries, whereof neither his Indies, nor Spayne, nor any other parte of his owne dominions, are able to serve,

but the same are knowne to be brought into Spayne, Portugall, Burgundie, and other his countryes from forraigne parts, not in his owne subjection, and that especially from the Hans Towns, and Marchants of the Northeast countries, whoe for the desire of gayne are contented to furnish the said King, though to their owne extreame hazard and prejudice of their neighbours, with all things requisite to mayntayne his unjust warrs.

"For this cause his Majestye,

"Being amongst other Princes and States herein principally interested, for the defence of hymselfe, his countries and subjects, against the said King of Spayne's great preparations of his navyes and armies by sea and by land; and his Majesty being persuaded, that if such his provisions for hostilitie to be brought unto him by sea from forrayne parts might be stayed, or interrupted, until the said King might be disposed to live in peace, his Majestie might the sooner forbeare to continue his charge in maintaineing his forces both by sea and land, which he is now constrained yearlie to renewe, only for the just defence of himselfe and his dominions, and of his confederates and allies.

"Doth by these presents, by the advice of his Privy Councell, notifye to all manner of persons of all conditions, that shall send or carrie into Spayne, Portugall, Burgundy, or any other the said King of Spaine's countries, or dominions, any manner of graine, or other victualls, or any manner of provisions to serve to build, furnish, or arme any shipps of warr, or any kind of munition for the warr, or materialls for the same, being not of the nature of meere merchandize; that as it is lawful for his Majesty, being a Monarch and Prince Sovereigne, and as other Kings, in like cases, have alwayes used to doe, he will not only authorize his owne admiralls, and captaines of his owne shipps of warr, serving on the seas, but will also allow and approve all other his subjects, to arme their shipps at their will, and with them to impeach and arrest all shipps that shall sayle, either out of the East parts, or out of the Lowe Countries, or from any other parts, with intention to passe to Spaine, Portugall, Burgundy, or any other the King of Spain's countries or dominions, or to any the King of Spain's shipps, being on the seas, haveing on board any such graine, victuals, or provisions of warre, or furniture for shipping, or materialls for the same; and the same to bring in to the next good port, there to be ordered as goods duely forfeited for the benefitt of his Majesty, where his Majestie's shipps shall arrest the same, and to the benefitt of such others as being not in his Majestie's wages, shall, by their travell and adventure, have stay'd and arrested such shipps and goods prohibited, provided that all others, besides

the captaines of his Majesties owne shipps, that shall be disposed to arme their shipps for this purpose, shall notifie their intent to the Lord High Admiral of England, making declaration of their condition, of their manner of shipping of the furniture thereof, of the number of men requisite to serve therein, with their quantity of victualls and munition, and of all other things requisite to be certified to the Lord Admirall, which being by him allowed thereuppon, the owners of the said shipps, and captaines and conductors thereof, to be bound to his Majesty's use, in good sommes of money for themselves, and, as cause shall require, to the Lord Admirall, with sufficient sureties, that they do their best endeavour without fraud, for gaine, or composition, to arrest such shipps having, as aforesaid, grane, victuall, armes, munition, or furniture for shipping, or any materiall for the same, intended to be carryed to any of the King of Spayne's dominions, or countries as aforesaid; and likewise to be bound, as is aforesaid, that with the said shipps noe harme shall be wittingly done to any person on the seas being in friendship with his Majestie, and that shall not be privy to the carriage of any such grane, victuall, provision, furniture, or materialls, into any the said King of Spaine's dominions, or towards any of his countries, or to any the King of Spaine's shippes, being on the seas. And in case any shall be found to have committed any such offence, whereby their bonds shall be forfeited, the partes dampnified, shall be fully recompenced for all their losses and damages, with the sommes of money forfeited, and otherwise as there shall be cause, and the offendors alsoe severely punished according to their offences, by due course of lawe.

"Given at our Honor of Hampton Court, the one and thirtieth day of December.

Per ipsum Regem.1

1 In a supplementary proclamation of the next year, to make more definite the list of prohibited goods, it is decreed as follows:

'Concerninge therefore those kindes wherewith his Majestie maie not suffer his said enemyes to be furnished, his Majestie doth by these presents publish and notifie that he houldeth theis things following, to be of that quality and condition, videlicet, ordinance, armes of all sortes, powder, shott, match, brimstone, copper, iron, cordage of all kindes, hempe, saile, canvas, danuce pouldavis, cables, anchors, mastes, rafters, boat ores, balks, capraves, deale board, clap board, pipe staves, and vessels and vessel staffe, pitch, tarr, rosen, okam, corne graine, and victualls of all sortes, all provisions of shipping, and all munition of warr, or of provisions for the same, according to former declarations and acts of state, made in this behalfe in the tyme of Queen Elizabeth, of famous memorie.

“And therefore if any person whatsoever, after three moneths from the pub

THE "PETERHOFF.”

SUPREME COURT OF THE UNITED STATES, 1866.

(5 Wallace, 28, 58.)

Classification of contraband; non-contraband goods belonging to the owner of contraband on board the same ship are subject to confiscation.

The following is an extract from the opinion of the court, delivered by Mr. Chief-Justice CHASE :

"The classification of goods as contraband or not contraband has much perplexed text-writers and jurists. A strictly accurate and satisfactory classification is perhaps impracticable; but that which is best supported by American and English decisions may be said to divide all merchandise into three classes. Of these classes, the first consists of articles manufactured and primarily and ordinarily used for military purposes in time of war; the second, of articles which may be and are used for purposes of war or peace, according to circumstances; and the third, of articles exclusively used for peaceful purposes.

"Merchandise of the first class, destined to a belligerent country or places occupied by the army or navy of a belligerent, is always contraband; merchandise of the second class is contraband only when actually destined to the military or naval use of a belligerent; while merchandise of the third class is not contraband at all, though liable to seizure and condemnation for violation of blockade or siege.

lication of theis presentes, shall, by anie of his Majesties owne shippes, or of the shippes of anie his subjects authorized to that effect, be taken sayling towards the places aforesaid, or returning thence in the same voyage, having vented or disposed of the said prohibited goods, his Majestie will hould both the shipps and goods soe taken for lawful prize, and cause them to be ordered as duely forfeited, whereby as his Majestie doth putt in practice noe innovation, since the same course hath been held, and the same penalties have been heretofore inflicted by other States and Princes, upon the like occasions, and avowed and maintayned by public wrytings and apologies, so nowe his Majestie is in a manner inforced thereunto, by proclamations set forth by the King of Spaine and the Archduchesse, in which the same and greater severity is professed against those that shall carry or have carried without limitation the like commodities into theis his Majesties domynions.

Given att our Court att Newmarket, the fowerth day of March.

"Per ipsum regem.”