The gazette. [volume] (Portland, Me.) 1798-1799, 1798-05-28

il isthat the Un ted States have abandoned the mit
given cohtrabaud by the law cfnaons, by their trea-
tics with all other nafions and even thoe OF England
with greater part of the maritime powers.
The limit Of contraband is iuppoed 20 have been
extended by inertng in the catalogue naval ores and
| timber for lhiP building.
To climate rightly charge 70 warmly made it be-
comes ndipenhble alcertan whether hoie articles
independent Of treaty by the law OF nations contra
band OF war on this Jingle point eems TO ref the verify
| Of the acculaton.
1t regretted that thofe who have averred the mega
tive have Ot been pleacd urniih authorities in fuP
| port Of the opinion they advaree. such authorizes
would have been conGdered with candor, and any
victon they might have produced would have been
freely acknowledged But no iuoh authorities are turn
ilhed, and it is believed that none e1iit.
America lolicitous Contne as much "a Po!hble by
common content the lift OF cortraband but determined
however lle might oPPge its enlargement not 70 at
tempt its diminution by force under the neccflty
Of examining tie iubec and Of aceraining the line Of
partition between the hts Of neuIras OF begerent
powers.
As guides in luch f.arch, fhe houd only take the
mott approved writers on the law Of nations. The.e
are believed to cais timber for chip building and naval
flores for the equipment Of veels, among articles adj
mitted be conraband Of war VatIei d. T. fec II7)
defines contraband Goods to lie commodities particu
larry ufld in war fuch arms, military and naval
flores, timber horfcs, and provitOns IN certain
unures where there are hopes OF reducing the enemy
by famine" The treaty between France and Denmark
concluded in I74l, places tar, roGn fails hemp cord
age, MATS and timber FIR p building the catalogue
Of contraband: and Vain in his commentary the
maritime ordinances Of France (yol up z64) fays that
Of right hele articles contrAband, have
been 70 from the commencement ofthe Preent century,
In conformity with thee opinions has been that Of A
meroa and if the law Of nations uDderood by the
mot approved juriAs, 1le has not erred.
But tbs modern public law Of nations. and mocorn
treaties laid have elta5lifhed different rue
the modern public law of nations has changed the prn
cple iuch chaugei' yet unknown to the United States
Il ismuch be wi(ed that full and satisfactory
information had been given in fupport oil opinion
difference which j. aedged to have produced confe
quences 70 elIentially calamitous.
Il IS avcrred that tho armed neutrality has conti
tuted this modern public law. II fuppoicd that this
be averred becaue France will admit be
right Of a eonfederacy whatever may be its power 10
Oppole the law of thole who are not parties is
iuppOlcd ALTO that this be averred for another
realon The members of EARNED neutrality had
themielves agreed upon the articles which hould De
deemed ccntraband RulIa the power originating thai
celebrated, tho lhort lived compact pubIihed IN r78o
the principles which the would maintain the COM
merce Of her lubett Ofthec that the articles
Of con,raband 1oud be reguatedby the 10Th and nth
articles Of her treaty Of commerce with Greatbritain
Afterwards Denmark entered into convention with
Ruiha for maintaining generally the principles agreed
upon, but the lubect OF contraband in particular,
her treaty Of commerce with Greatbrtan concluded the
10Th of July 67o, in the id article Of HIGH contra
band goods deicrbed 10 be "ANY PROVISIONS OF
WAR, folders arms, machines. cannon ips, other
things OF necefary ule in war But by convention
concluded at London the h Of July, $780, between
Greatbrtain and Denmark, explain the treaty Of
commerce f 1910 between the two powers Timber
tor ihp building tar, ron, copper IN fleets, fails hemp
and oordage, and generally whatever ierveG directly TOR
The equipment Of vee unwrought iron and ir pIanks
excepted are declared to be ooEtraband.
Denmark having IL her convention with r fla, adopt
cd her treaty with land made in I67oa declaraory
OF hoie articles WHICH he would conder conraband
and having by her explanatory agreements with Eng
land iubtuted particular enumeration Of articles for
general Description of them, an amendment,
out as an explanation Of the treaty Of 1910 has taken
different rule, IN the very compact referred TO e4b
hlhng modern public law Of nations from that taken
by RulIa. The rule Of Denmark claes among contra
band Preciely the fIme articles which are enumerated
as iuch IN the treaty between the United States and
Britain, and which only found in that enumeration
becaule IS believed that the law Of nations has unque
tonaby lo placed them. Sweden and Holland too, in
acoedhg 10 the aTmcdneutray, adopt their own trea
ties as the rule BY which they will clpectiVcy be guild
There was then among the parties 10 this a.
greene ut no fixed lazy Of contraband Had the Potcn-
tates Of Europe deGgned to cGabfh permanently and
generally all the principles Of the armed neutrality the
war which originated that Convention, would not have
terminated without ome general agreement concerning
The efforts Of Sweden obtain Congrcl. for e.
aiming and terminating the different concerns both Of
the powers and of the neutral States could not
have proved entirely abortvc
No argument then can be drawn from -, armed ner-
trdlty n iupport Of the petition, that the modern pub
nc law OF nations relating contraband has been aban-
doned by the United Srates. No modern public law
having been formed the rule remains UNCHANGED and
at the Preient moment well when the treaty with
france was formed, i believed ordan as contraband
The articles enumerated the
tain.
But Il IS acdsed thar in his treaty the United States
have abandoned the limits given contraband by their
treaties with all other nations and even by thofe Of
England with greater part Of the maritime powers.
IL IS true that the Uned States derous of liber atng
commerce, have invariably frized cverv oDbortunitY
winch prelented idef dnnif or remove the fackles
lmPoed on that Of nentrala IN rl.rl,ance nf ~ nj