The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-20
The D0mbartlment Of Greytuwn.
usITKD STATES CIRCUIT COURT.


SEPT iS-Cu.vin rand George NJ Roltas. 1854
the plaintiff had property in Gssytown, which place was
bobArded by Of the President OF the United Sascs
Hollns, The defendant, ommander Of the CyAno,
vessel Of war which fred upon the tewa and destroy
plAsns properly. The plaintiff brings his aston against
TITO defendant for no destruction Of his property and
claims $50 900 dAmAges To The declaration the defendant.
has Put In the pleas hal any act committed By him
under Tho direction OF the Secretary OF the Navy
and that Crcy.own occupied BY parties who had
uaurpcd the government of Nicaragua had committed
Of violence The persons and property Of American
citizens and that tn pursuance Of the orders given him
he demanded reparsto1 for the INJURIES which having
bern scoeded w. be bombarded Greytown 10 this plea
the plaintiff inerposed demurrer and tho question came
mp be argued mo principal question raised how far
President # the United States has authority 10 issue
such orders whore has not been actually declared
he plan.ir ana By the United states Dsrot Attorney
Mr.. hoKeon, for tns defendant
The following the points FOR the piainiifs-
l. The sesond plea ID bad (Fol. III, Is; fol- 26)
tho orders under which the defendant means 70 justify
mum be ss forth. (fct g.
temps TO carry the bv question 10 The Jury. Hol
3. Neither The Presien The Secretary OF the Navy
hal power give such orders, and The defendant cannot
Inc poople Of Grcysown are sos alleged 70 have given
any pro,ocson for The bombardment docs appear
tha any occason whatsoever cxsted for such AZ
8. me bombardmeni . gross violation u the
sovereignty u Nicaragua, friendly country and ally
@ The plea Il double The orders relied on appear 10
have been orders OF two superoFs and NOT ont
order OF both aupcfiop
1.-The third plea bad, (Fol 10, 10 FOL -
plea undcr The nfss point, apply 70 this, excepting tho
The United Slaves and Greyovn, n people, they could
not lawfully DO treated public enemies. tfoi a.
g. Is does no sppsr tina. The people Of Gfeytown we're
4 If hoy had been prses, and wore then Abiding
peacefully % hcre here wo7d not DO any authority for
This proceeding was no, authorized under ,os uoscn
NJ rcpr'sals.
The following arc the point. Of the United saaes Dsirc,
l. The plea not double rhs orders given TO csp,ain
Rollins by the Scnresry Of the Navy The order Of lac
The order, are properly described a. hwfal orders
Mono other could be given By ne President Secretary
The word adds nchsss 70 NOR uies away from the legal
erec. Of The orders, TIE giving OF which rendered ~
fact 70 be Tried.
Inc sc q zoe seieadsn, was the act Of The Supreme
executive rover % the Urted States Tho defendant was
boand {, OBEY biz superior ncer aud not liable when
Tho prcs,dsnl o, the rs,sod scs IN ,er the c,usiiu
por,o~es The erccutve poser Of his government
he commander In chief Of the army and navy Of the
Un!Ied Sales. lie d under the lsrs OF the Unitoi
Ssles entrusted With inC etlonsry poser 10 the
yoymeni OF the nsv,l forsc and hal right {, the
public Force Of o country 10 prote the perrons AMI
uct punishment, mSsudcrs Who sro not recognized
either By me United States or by Nicaragua sovereign
poser.
the District Attorney, In citing case from Of the
sary volumes Of Jobnsons Reports OF tho decisions OF
ss OF New York. referred " he fact that Ia the no
~ps ling questions appeared 70 have arseu n the
ceedinrs cf court marital IN tha STATE In which wila N
l.. Marcy member ard was Ieutsutsnt That this
zane Lieutenant tb" srotary Of State OF The Union,
and on this question Of bom- ent OF srey nai writ
ten an ,rsufsen, he shape Of adespsth 70 foreign 20
vtrrmen OF powerful character 70 authorize srd
pamcrxtcu 20 tay thai the Law officer Of the Crovn
rs,i,ged ,at no demand could be made on tue American
government for cas sustained By British subjects during
tho bonbsrdmcnt
psrs'ou reerved.