The Laws of War, Affecting Commerce and Shipping | Page 9

should pass muster in our courts
of law, as for example:--
An alien enemy, during war, drew upon a British subject resident in
England, and who had funds of the alien in his hands; the drawer then
indorsed the bill to an English-born subject, resident in the hostile
country; such a bill cannot be enforced even after the restoration of
peace, for otherwise it would enable alien enemies to take the benefit of
all their property in this country, by allowing them to pay debts out of
such funds, by the instrumentality of bills.[39]
The principle seems to be,--that it is not every bill that bears the name
of an alien enemy upon it that is void, but such bills only that are
instrumental in assisting in communication with an alien enemy;--and a
liberal application of this principle has been made use of to open a way
for English prisoners to make use of their property at home for their
support in the country of their captivity. Thus, where one of two
Englishmen, detained in France on the breaking out of hostilities, drew
in favour of the other, upon a subject here, it was held that he might
legally draw such a bill for his _subsistence_, and that he might indorse
it to an alien enemy, an inhabitant of the hostile country; for he could
not avail himself of the bill except by negociation; and to whom could
he negociate it, except to the inhabitants of the country in which he
resided?[40]
Bills, like other contracts, are only void by the policy of war; but the
law still recognizes some extent of obligation between the parties, so
that bills void in their concoction (as instruments of trade with the
enemy,) are not so far void that they may not constitute the basis of a
promise by which a party may bind himself on the return of peace.[41]

[Sidenote: Contracts made before the War.]
On the very important question of the effect of a declaration on
Contracts with the subjects or the enemy, _entered into previous to the
War_, the rule is, that if the performance of the contract be rendered
unlawful by the Government of the country, the contract is dissolved on
both sides.[42]
Thus the contract of Affreightment is dissolved when the voyage
becomes unlawful, by the commencement of war, or the interdiction of
commerce;[43] and this whether the interdiction is complete as to the
ship, or partial as to the receiving of goods.
Similarly, if the voyage be broken up by Capture on the passage, so as
to cause a complete defeat of the undertaking, the contract is dissolved,
notwithstanding a recapture.[44]
A Blockade of the port of destination, that renders the delivery of the
cargo impossible, and obliges the ship to return to its port of destination,
dissolves the contract.[45]
A temporary interruption of the voyage does not put an end to the
agreement. Embargoes, hostile blockades, and investments of the port
of departure are held to be temporary impediments only.[46]
But in the case of an Embargo imposed by the government of the
country, of which the merchant is a subject, in the nature of reprisals
and partial hostility, against the enemy to which the ship belongs, the
merchant may put an end to the contract, if the object of the voyage is
likely to be defeated thereby; as if, for example, the cargo were of a
perishable nature.[47]
[Sidenote: Partnerships.]
A Public War operates as a positive dissolution of Partnerships between
subjects of the contending nations. Every Partnership is dissolved by
the extinction of the business for which it was formed.[48] By a
declaration of War, the respective subjects of each country become
positive enemies to each other. They can carry on no commercial or
other intercourse with each other; they can make no valid contracts
with each other; they can institute no suits in the courts of either
country; they can, properly speaking, hold no communication of an
amicable nature, with each other; and their property is mutually liable
to capture and confiscation by the subjects of the other country. The
whole objects and ends of the Partnership, the application of the joint

funds, skill, labour, and enterprize of all the Partners of the common
business, can no longer be attained.[49]
Thus a Partnership between alien friends, is at once defeated when they
become alien enemies.
This dissolution, however, only has respect to the future. The parties
remain bound for all antecedent engagements. The partnership may be
said to continue as to everything that is past, and until all pre-existing
matters are wound up and settled. With regard to things past, the
partnership continues, and must always continue.
No notice is necessary to the world to complete the dissolution of the
association. Notice is requisite when