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powers and privileges of a clerk or agent. If the law dealt with other contracts as it does with marriage, it would ordain that one partner should administer the common business as if it was his private concern; that the others should have only delegated powers; and that this one should be designated by some general presumption of law, for example as being the eldest. The law never does this: nor does experience show it to be necessary that any theoretical inequality of power should exist between the partners, or that the partnership should have any other conditions than what they may themselves appoint by their articles of agreement. Yet it might seem that the exclusive power might be conceded with less danger to the rights and interests of the inferior, in the case of partnership than in that of marriage, since he is free to cancel the power by withdrawing from the connexion. The wife has no such power, and even if she had, it is almost always desirable that she should try all measures before resorting to it.
It is quite true that things which have to be decided every day, and cannot adjust themselves gradually, or wait for a compromise, ought to depend on one will: one person must have their sole control. But it does not follow that this should always be the same person. The natural arrangement is a division of powers
