t
recruiting station.
It was this state of affairs that impelled the English Government to
assume an attitude toward neutral commerce which it was found difficult
to maintain against other nations whose interests were involved. The
points in the British position which were most violently attacked were
the classification of foodstuffs as contraband in certain cases, and the
application which was made of the doctrine of "continuous voyages," not
to absolute contraband of war or to goods seeking to cross the line of
an established blockade, but to other classes which are usually
considered free.
There seems little certainty as to the exact circumstances under which a
belligerent may treat foodstuffs as contraband, although it is generally
admitted that under certain conditions such goods may be so considered.
On the other hand doubt is expressed by many writers upon international
law as to whether it is ever possible to treat as contraband of war such
articles as are necessary for the sustenance of a people.
Contraband as is well known is generally held to consist of two kinds,
first, absolute contraband such as arms, machinery for manufacturing
arms, ammunition and any materials which are of direct application in
naval or military armaments; second, conditional contraband, consisting
of articles which are fit for but not necessarily of direct application
to hostile uses.
The first class is always liable to capture and confiscation, but with
regard to the second class no unanimity of opinion exists. Disputes
always arise as to what articles, though not necessarily of direct
applicability to hostile uses, may nevertheless be considered contraband
of war. This question is especially difficult of solution with reference
to foodstuffs when seized on their way to a belligerent in neutral
bottoms.
The case of seizure which occurred during the war involved not only the
question of foodstuffs as contraband but brought up also the
applicability of the doctrine of "continuous voyages," where the article
being conveyed to a belligerent by stages were goods which, except under
unusual circumstances, have generally been held to be free from the
taint of contraband character. Great Britain has held that provisions
and liquors fit for the consumption of the enemy's naval or military
forces may be treated as contraband. In the case of the seizure of
"naval or victualling" stores her rule has been their purchase without
condemn
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