"In  order  to  constitute  contraband  of  war,  it  is  absolutely  essential
that  two  elements  should  concur,  viz,  a  hostile  quality  and  a  hostile
destination.  If  either  of  these  elements  is  wanting,  there  can  be  no
such  thing  as  contraband.  Innocent  goods  going  to  a  belligerent  port
are  not  contraband.  Here  there  is  a  hostile  destination,  but  no  hostile
quality.  Hostile  goods,  such  as  munitions  of  war,  going  to  a  neutral
port,  are  not  contraband.  Here  there  is  a  hostile  quality,  but  no  hostile
destination."

Historicna,  191.
A«  to  eflfect  of  treaties,  see  App.,  Vol.  Ill,  J  370.
437


§  373a.]  CONTRABAND.  [CHAP,  XIX.
That  each  case  is  to  be  determined  by  the  test  of  fitness  for  belliger-
ent porposes,  see  5  Am.  Law  Eev.,  258,  citing  the  Peterhoff,  5  Wall,
28,  where  it  was  held  that  "  blankets,  boots,  and  other  articles,  which,
from  the  marks  on  the  cases  and  from  their  own  appearance  were  evi-
dently intended  for  the  use  of  the  Confederate  forces  were  confiscable.^

Cotton  was  contraband  of  war,  during  the  late  civil  war,  when  it  was
the  basis  on  which  the  belligerent  operations  of  the  Confederacy  rested.
House  Rep.  262,  43d  Cong.,  Ist  sess.  Mrs.  Alexander's  cotton,  2  Wall.,  4C4:
cited  supra f  $  352.  See  as  to  seizure  of  aliens'  cotton,  attpra,  H  203,  *224, 228.
343,  352.
