New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-09-15
Ia W INTELLIGENCE.
UNITED STATES CIRCUIT coURr-srrr. 1l-Before


ROAD STOCK.
Charles Illus sst The Nsw.Yo and New Haven Railroad Co.
NELsoS, u J-rne question in this case IA, shelter
o Issued By Sch,ssr the PsSo.t Of the 0.mgGy .Ss
The question hes been twice before the Appeal. of
sse,Einsd the negative g Kern 5s9 Mech BARK sgt
b Hk &C 6 and Se The sRon in the G case S 0:
foDno Of bes 6cates and presented the question
sS ns Dyoysd il the second oae ard the pdnos
tie sG in similar and aDsssoU te co.
follow the decisions Of the highest State Judicial tribunal the
GUT elsO espTnS any opinion upon the IA The
hall pursuance Of the decision in the cases above referred
dnec Judgment be entered the dmuer In favor OF
The COMMANDMENT OF GREYTowN.
CALVIN Durand agt. Geo N. Holius.
NELSON, C. J.-1hls is an action Of trespass brought
by the Ps H to recover dsnaee. for the destruction Of proper
called Greytown on the 18th July. 1854
Sd n he Nssy 0f the
psndd vessel 1ws called th G{ne and ooaad 70 obey
retsS the Navy and that by virtue Of Rul sod public
order; q he ind seo5eta5 he did ceuss the place
bombArotd ard FIRE and which the same alleged tres
There Is also plea setting forth addition the facts above
stated that community It Greytown bad forcoy usurped
ent not recognized by the United States and had pPersd
ac Of violence ssnst the CT liens o. the Ohed stse s}a
the dtfeEeort under pub 9rseJs rom ne President sno
the CyAe did the place be mbsdei and set on re
he Ia Sfully n for the Aforesaid.
To these eos the demured and the defendant joined
% pppal Ground Of objection to the pleas as deeuse to
the scon i that neither President Secretary had
phSy e S . to- SsG no nSas on and
Abe Executive Power uudeT the vested 10 the
ma der inC hef Of snd Navy (sec and has i'm
posed uJou lin h. duty to take Gaze that the laws be faith
fly executed tSec. 81 In organizing Government under
the Ccn,tit lin Executive Department called the Depart
Ineut Foreign Affairs estabhed and Secretary Plced
Az its head 10 exeoue such duties shall from time time BE-
~ joined nIUsed him bS the President agreeable 70
eSns to or with pubic Sniste5; Or Co9s2' from tine the
sien STATE, OF Princes memorials other apPl aon'
om foreign public ministers other foreigners or TO such other
said department. bermcr that the said Secretary shall
Conduct the bu,'pes OF Inc salo oepaeh IN su ,
PIesd, shall from time 70 time order OF instruct tAc'
CcnEess July o. 1899, Sec. u.
the DeptHent Of State and head oft Secretary Of State
There also abhbet another executive ae
Nominated the Depal et Of the Navy the chief officer OF winch
i called the SECRETARY Of toe Navy whose dp it shall be g e1
ecUte su orders he Iha receive on the President relative
70 tbe uIenen OF naval and eral aue the CON
stIucon srmaInett equipment and Employment o. Ses'e
,sa a. Ell as a other matters connected win tue naval esti2
hn cut United sts'e (Act Of Congress- Apr 49, 49,
A. the executive head the non TIE Presidents made the
ory gtus organ OF GeIrrol Government to oP-n and
cary eo'IePonducf OF utg'l ! ns Win h; Che.
It ID 10 him be 81 z abroad must ok t2r protection OF
existing snd rt dec for cir protection 70, this p1pO;e tbs
whole eSecuuye POI e. 81 ne county ,c and
daere't ep Lite og ven s'e been org 'n1I' talolsn
which pew usy be nosl 'nye neu executed "hsle
by Aton by foTcea Department OF state aud OF the
a. II respects the nterpositiop Of the Executive abroad
for The protect Of tn ii'es or property Of me cizsh Tue
AZ ALL s. vi, ece ia est-ued violence the chsn
or III proplty csuut Anticipated and provided for; and hs
eoui the prompt and dec de- action Under oar system
o. ;t;ler AZ nome Tn eat object aud aty Gov
er, nj are the pr lection n the lives liberty and property
ht p-0pk posing wheher abroad or * hone ana any
ert linz the accomplishment Of the object or per
fruaIoe Of tie dut, Is no. worth Pre'eTig u,Iou. ba
laid lat tue ierpos ton Of tue ffeae aoiSu
f he protection e citizen must nee AMY rest m NJ uls
sSn + LIT ft. 3 IL a n Sa he nor rs sutho5
led seeIt pee Tally cyiy pousbe for the
Ga e. '65 RJ The Constitution Of the United sates the
Pd.pt invested viii certain important political po%ei' "a
couLtsb hit in bis political character and 70 bs
o. sbed 70 so ONT certain sfcers who act by his
III y conformity with bis orders In such caes thsiT
the o. mr. Which executise discretion nsy be used H
end esa exit no power to So Siob s ao. nd Si
III hts az icing to the Executive, the decision OF the
1h Principle and yern the PT9e1t Sss ,o The
noe 10, N. pIo, elton o. citizens at Greytown sgnst
a. i spspe and uarardng community that had established
@ ms a. ts ns whose interest. were nSolsd
oorten sd which belonged to tne ehG 6d S b
mine cad hi. decisio IL hne and a 10 !s ~
derosO in tie execution Of his orders through 'h OF
Nsiis B. King act Richard Alderman.
NELSON, &. j -Iuls Is an electment 10 recover du
undivided part Of parcel Of land described As the iou
ID p e. II Of BsSso S9d ' The died.
tIa
soo Bem bsPson and t9ref ss 6
BS BIZ vii be devised 30 L. Benson the son. parcel Of
land desg std h-n IN the possession Of George Williams
TO 90 sId dspose OF he may think popsr Also the Home
dec sIsd bs win ana intention s (B L. sh uld
give unto M gsrdhldren, ee the dscese Of his wife the
o. 81 go and third the income Of the egsces and
OF his estate Tea Al personal hi wife, MaTs d1ng her
WidOvhood 20 do sno dispose think proper b.
L. beus The SIN died the 4h Of October 1852 This suit is
brought by % hinE Of the yrandch dren the ground
d. H. b took only life estate Homestead
defendant claims under title derived from
The principal question IN the g. whether or not the
az etote In Zee IN the homeesd by rea9op ohe
cha ge him personally TO the legces 10 the r .ndhL
dIsp Ihe feature III the which a not fond in any
~ The case 10 the argument IN apy that have
Sn md ny researches, aod which Il claimed on be-
M M tbe plainf cistnghe from those which n has
- t that the deysoe took estate by Ga pcstion
eont al the personal charge iupo ed will and .o
g. ,bs nringpie upon which these founded Ths
- n whore an estate is devised goosraly, without
S ~ yitsop ami viii b according TO tbeT legal import
a NJ, carr fee 20 the deyisee personally eli 1sed with
49, .ssciSs &c respect 10 the estate the deysee will
go = M nnic,ou otherwise be might be loser nste I'd
~ er by NJ. devise which would b. against ths presumed
iDteJt Of the tetator. A. i,,,g e. of tho mas,
- ~ ~ deyedt 70 the son, In rcscct 70 "ItSu s CuAse
h unou the words OF the AL" IA Zee sue hence
th.,e n "a ecessiv creating fee ny const
tior IN The thor parcel Ia order 70 save w. 80. ~ 60
A. H. raw aid no csSe has been found VI hh si "a IT, e.
sIs booze (std they are mero0s) eoDthnhs WI" "