rishable 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 a partnership is dissolved by
the act of the parties, but it is not necessary when the dissolution
takes place by the act of law. All mankind are bound to take notice of
the War, and its consequences. Besides, any special notice would be
useless unless joint, and as the partners could hold no lawful
intercourse, a lawful joint notice is impossible.

It must not be supposed that peace will have any healing effect, to
restore the parties to their rights; the co-partnership being once
dissolved by the war, it was extinguished for ever, except as to
matters existing prior to the war.[50]

With regard to the effect of war upon partnerships, where the partners
are severally subjects of the belligerent powers. According to Mr.
Justice Story,

"this point does not seem to have been discussed in our
courts of justice until a recent period; yet it would seem
to be a necessary result of principles of public law, well
established and defined. By a declaration of war, the