being only excepted as are at that time besieged, blocked up, or invested.

NOTE H

Treaty between the United States and Prussia, Sept. 10, 1785 (signed on the part of the United States by Franklin,

Jefferson, and Adams), Art. XIII

Art. 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 heretofore called contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of one of the parties to the enemies of the other, shall be deemed contraband, 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 contraband 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.

Treaty between the United States and Prussia, July 11, 1799 (signed on the part of the United States by

John Quincy Adams), Art. XIII

Art. 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 merchandise of contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband, 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 of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband 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.

All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, saltpetre, sulphur, cuirasses, pikes, swords, belts, cartouch boxes, saddles and bridles, beyond the quantity necessary for the use of the ship, or beyond that which every man serving on board the vessel, or passenger, ought to have; and in general whatever is comprised under the denomination of arms and military stores, of what description soever, shall be deemed objects of contraband.

NOTE I

Treaty between the United States and Colombia, Oct. 3, 1824, Arts. XIV, XV

Art. XIV. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and

under this name of contraband or prohibited goods shall be comprehended

First.-Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms;

Secondly.-Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military use;

Thirdly. Cavalry belts and horses with their furniture;

Fourthly. And generally all kinds of arms and instruments of iron, steel, brass and copper, or of any other materials manufactured, prepared and formed expressly to make war by sea or land.

Art. XV. All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blocked up; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral.

III

INTERNATIONAL ARBITRATION:

A SURVEY OF THE PRESENT SITUATION1

In assembling for the Twentieth Annual Meeting of the Lake Mohonk Conference on International Arbitration, it is appropriate to survey existing conditions, in order that we may take our bearings.

If we were to compare the international situation of the present moment with that which existed in the Spring of 1895, when this Conference first met, there would be little to justify a feeling of hopefulness. It is true that the international situation was not at that time by any means clear. Great Britain's controversy with the Boers was beginning to loom on the horizon; the second insurrection, which ended in the intervention of the United States, had just broken out in Cuba; and the combustibles which a few months later produced the explosion over the Venezuelan boundary were with an occasional premonitory report actively accumulating. On the other hand, the process of arbitration had then lately been applied or was in course of application to certain important matters. In February, 1895, the Pres

'An address delivered in opening, as presiding officer, the twentieth Annual Meeting of the Lake Mohonk Conference on International Arbitration, May 27, 1914. It is this address, delivered two months before the outbreak of the war in Europe, that was deemed, by serene and deprecatory forecasters of the day, to be "pessimistic." (See supra, p. 3.) Apart from the establishment of the Permanent Court of International Justice (infra, p. 96), the situation as described in the address, except in the few and relatively unimportant particulars indicated in the footnotes, remains unchanged and unimproved.

ident of the United States handed down his award in the dispute between Argentina and Brazil in regard to the title to the Misiones territory. Within the preceding two years the tribunal at Paris had rendered its judgment on the Bering Sea dispute. At that moment it could not be foreseen that arbitration would be employed for the adjustment of the Venezuelan boundary, for, as has been intimated, the controversy had not then reached its acute stage. But we now know that arbitration was in the end successfully invoked, and that this was followed by the conclusion of a remarkable general treaty of arbitration between the United States and Great Britain, which barely failed to secure the necessary twothirds vote of approval in the United States Senate.

What the immediate future may now hold in store in the way of actual arbitration it is not possible to predict; but the cases that have occurred during the past two years have not been in any respect notable. They have for the most part related to simple pecuniary questions. Perhaps the most important of them is that which is now pending before the Permanent Court of Arbitration at The Hague, between Portugal on the one side, and France, Great Britain and Spain on the other, in relation to claims against Portugal growing out of the seizure of the property of religious orders in that country by the Portuguese government on the proclamation of the Republic. For the purpose of rendering a judgment on these claims a tribunal of three persons has been established at The Hague, from the list of the Permanent Court, the president of this tribunal being the Honorable Elihu Root.2

On the other hand, the past two years have been marked by armed contests of exceptional destructiveness.

"The arbitral agreement was concluded July 31, 1913; the award, because of the supervention of the war, was not rendered until September 2-4, 1920.