New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-19
LAW INIELLIGENCE.
THE GREYrOwN COMMANDMENT.

UNITED STATES CIRCUIT COURT-sE'r. is.-Be<es~
Judge NELSON.
Drrsnd sgt. Hoiins.
This case cane Cp to-day, and the facts-eDS
bombavdment Of Greytown by the United States
soop Of war Cyape Capt. Holrs, commander, GE4
the destruction Of life and propertyare wei known -
the public. The plaintiff, large property holder
there, sued the Captain for damages The defendant
pleaded execution Of orders to which the plaintiff de-
INJURED on the ground that the President had no nens
to give any such orders. .
Il was on this demurrer that the case came up. Me-.
Manning appearing for the aintif and DistrictAt-
torney McKeon for Capt. HOllins.
Below are the points demurrer Z. the answer pro.
sented and argued by Mr.. Manning:
Ffyst: The second plea is bad -.
The sstion ofaw flness of orders attempt 10 csU
ESer the P.denf h5r the Secretary of War had power
give such orders and the defendant esnno, Justify them
Tue people of Gieytowu not alleged to have gives -
provocson Tor the bonbardmer does appear that -
occasion " hstsoeyer existed for such an act.
The bombsIdment violation OF the so'eresnsS
of fnSy ou sSS ss on 70 b.,
severed orders of two 'uPeo and not Joint osd o.
0O S1coss The third plea i. bad
All objections above specified against the second pses
updF the @ point 'p .s o Ts &
United States and Grey,own Ito people they could not h~
fully be treated as public enemies
II does rot sppear that the people Of Geytown r.
ftbey bad been pira.e and were there abiding pescefsT
shore would not be authority for the bomsS
5 Tis proceeding authorized under the Law q
The District Attorney, on behalfof Capt Holins, trs-
yersed the above points with the following;
That the plea double The order OF the Secretary
the the order Of the President u the United Stss
II not necessary to act forth the orders In the plea
The properly described as lawful orders Nces
given by the President the Secretary Al
s the lawful neither tales from the n
c, Of the orders the Swing OF which rendered % TACT 70
BE- tried.
of the defendant the act Of the supreme cxecs-
tive power Of the State -
The President Of the United States under the Cousu
iioD. possesses III. ~f power Of the Government He the
Chief Of the Army aud the Navy Of the Ustel
That be it, under the United States intrused With
discretionary pow to the employment OF the naval forocs
right the public force Of the country to orotoc9
the p.rscns property OF American citizens from njaes
pJnshuen mxsudeIs who not Recognized ~
the Irnit,d States or by Nioafsgus foreign power
Mr. Tracy then ollowed finishing the argument o.
the zen urrer. Decision reserved.
william MoPadden, belsnt sSt The steamboat illinois, hH
tackle
The Judge in this case, brought up on an eppea.
said;
are sgree with the Court below that the prosf<
arr % e. if stronger that the injury to tho tow hap
pr the neglect Of the lot attending 70 10
helm imr"pr navigation OF the tug We
tbi here NOTIFIES Ia that necessarily sdns 70 the CO.
sitn n the Of the tow bad ported hs helm In time
George NJ Pstten It Of ibesnt, sst. The same
The question whether the injury to the tow wac oc-
the navigation Of the tug one OF sct
al thu fairly sustained that the tag IVES
Ia st Tie injury to have hspPtaed from dangers IN
jent the naysstioa Of tow by hswscr Decree area.