by John Marshall Harlan

“ The charter party, it is true, expressly provided that she 'was to be delivered to the owner in the port of New York, at the expiration of the charter, in as good condition' as she was at its date, 'ordinary wear and tear, damage by the elements, bursting of boilers, breaking of machinery, excepted.' In view of this stipulation was the government, under the facts established, relieved from the duty of delivering her at New York? ”

“ The concussion of the firing 'swept off the bulwarks and netting in the track of the explosion,' and one of the effects was 'to start the joiner work, and to break in some of the panels of the doors, and to take a part of the rail off.' Upon the same occasion she struck an overhanging tree, which took off a part of the wheel house, and swept off both of the flagstaffs and all the awning stanchions. ”

“ Before starting, a 30-pound Parrott gun and its carriage, such as are used on naval vessels, together with ammunition for the gun, and 17 artillerymen, with their small arms and provisions for the expedition, were put on board. The presence of the artillerymen on the vessel was certainly not inconsistent with the terms of the charter party. In reference to the gun, it is claimed by Strong that the vessel had not the capacity to bear safely such a heavy piece of artillery, and consequently, that such a use of her was prohibited by the charter party. ”