ABSTRACT
The theory of contraband finds its origin in the natural desire of belligerents to impair the strength of their enemies by the total or partial suppression of their commercial intercourse with other nations. The earliest instances of reducing into the form of an ordinance the doctrine of contraband are to be found in the ordinances of the Emperors Valentinian, Gratian, Honorius, Marcian, and Theodosius. Commissioners were appointed by England to inquire into the complaint, and the commissioners thus stated what they conceived to be the law of contraband then obtaining in Europe. In 1780 the maritime supremacy of England caused her to renew her attempt to extend the doctrine of contraband so as to include almost all articles of commerce. The rule was also applied according to which the vessel and other innocent goods are confiscable, if belonging to the same owner as the contraband.
