Noah Haynes Swayne

“ It was a fruit of that peril. The United States are not blameworthy, and not responsible. The contract puts all such burdens upon the shoulders of the owners. Those burdens cannot be shifted and thrown upon the other party. ”

“ It stipulates, among other things (1) , that the schooner was then, and while in the service of the government should be kept, 'tight, staunch, and strong,' at the cost of the owners, and that the time lost by the deficiency in these respects should not be paid for by the United States. 'The war risk to be borne by the United States, the marine risk by the owners.' (2) The United States agreed to pay $50 per day for the time the vessel was engaged in their service. ”

“ Thomas, there awaiting repairs, and going thence to her port of destination, were not covered by the marine risk she had assumed, are questions not before us, and which we need not, therefore, consider. ”