Morrison Waite

“ If loss happened from a 'war risk,'-that is to say, if the war was the proximate cause of the loss,-the damage was to be made good by the government but, if it was caused by the refusal of the master to obey those in command of a military expedition to which the vessel was attached, the neglect of the master, and not the war, would be the proximate cause. ”

“ Certainly, the government cannot be held responsible for losses arising from a disobedience by the master of the orders of a military officer in command of any expedition on which she was properly sent under her charter. ”