f 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 pe