The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-09-23
The EorabErcmsnt os Grsytowu-Tne
schuyler Frauds TIE BenscA WILL
Case.
US1rED srATrs crculr COUNT.

Case.
UsnTED STATES cnculr COUNT.
Befoss Eon Judge Nelson.
esor.s IAsas y. ne .se0 FORK ard ye.e Haeea Raj
road tbarGay -Jse question In shis case is whether
defendants responsible for The spsrious certf
saass Of stock ssaed BY Schuyler, the Presasst Of The
empany, and transfer agent Of the stocr, which cern
sAte have passed into the rAns OF bona fde hodef Tor
The question has been before the Court oil
Appsaf Of this s.A,e ami after very fal ana soie ssA
,aaton h1s been determined IN the negative % Kern
sse Mech Bank va " j. 4 y. h. r. R. Co. and II :. Y.
Sc. NJ krHPg. co. vs. Schuyler, Cross, Nc
ge action IN the first case oGaied Of these
ueyNifates ard presented the o,eston rcoty rased
N the present cage upon ,ne & he nrlpslne .,
xhe fret kgan affirmed According 70 or ,ssW ~ sao
ssactce u the federal courts % s'hr a. ,s
s>see thess courts follow the decssoos % oe higneu
ssals udi,a tribunal tho question iryovod beng one
ssenal Of local law and Without therefore, expressing
,nv on,n3n nnon he Of he case we shall 70 pur.
csnce Of ne deoon ne cages above referred 70 d.
ssc judgment be entered upon the demurrers N fAvcr
~Hs BosRARDxKSr or sRryTowN.
ae,rn Durar.c Is 6eyge ~ HoJSsns Nelson, c. d.
sor an acton Of sresass brought by the plaintiff to
recover aarages FOR the des'ra on of property by the
eeendan. 81 san Juan d sorte, Nicaragua otherwise
called Grey town the 18th july 1854 the defendant,
among other de.encee, has pleaded tia. he was com
soander IN the navy Of the United 5&tos and such
commanded . vessel Of war, called the Cyane, and
poand to obey the orders o. the President Of the United
saies and Of the Secretary Of the Navy and tina, BY
WRIT Of awfal and public orders Of tho President and
Secretary did the place called Greytown by tho
laval force Of the United states be bombarded and set
IRE 70 and which tns same alleged trespasscs set
rsh in the declaration There also plea setting forth
N addition 20 the facts above stated, ,bat The community
s Sreytown had forcby usurped the possession OF the
~n<e and erected an independent government, not
sosoeuized by the United States, and had perpetrat
,ed acts OF violence against the citizens Of the Uni
"a states and their property aud having, on
seuand for redress, refused IL. bic defendant, under
Subno orders nom he PRESIDENT, ana secretary e
yaDe did cause tho place to be bomharded and set On
NE as be lawfully might for the cause aforesaid. To
these pleas the plaintiff demarred, and the defendant
oipsd In demurrer. The prncps ground Of Digestion 70
nc pleas defence 70 the action, IL that neither the
President nor Secretary had authority to give tho orders
shere relied on 70 tho dceooant and hence they
aDrded ground Of justification the executive power
sAer the constta,on vested in the President Of the
UnSssd States. (Art. IL, Sec ~. He Ia commanderin
sAssf army and navy, (sec % and has imposed
non him the duty 70 stake care that the be faith
csIer The oonstutoo IN executive departnent called
eho Department of Foreign Affairs, was established and
placed ~ hss 20 os Or ucu -
MIN by the President, agreeable To the constitution re.
stve 70 correypondences commissions or instructn ms
= or with public ministers consuls from the United
SSstcs or 70 negotiations with public ministers from TO-
ren States princes, or 70 memorials or other Appl
casons from foreign public ministers or other foreign.
eys or 20 such other matters respecting foreign Affairs
(he President shall assign TO said department and ur
soormore that the said secretary shall condrcs the ous
nese Of the sad department In such manner AZ the fr6
Zen. shall from time 70 time order or instruct Act OF
ysoress, u. II, Use. &C. p, subsequent &C,
bate and the head Of Il Secretary Of State. rhcrc was
also essAhlAhcd another executive department depom
HAtsd the Department OF the Navy the chief oicr q
shall be to execute orders he shall receive from
the relative 10 the or naval stores
spept and employment or vessels Of war; Is well as all
ether matters connected with the na nj establishment OF
che United states lAct q C9nsress April 80 lbs sec
the only legitimate organ Of the general government
open and carry correspondence or negotiations with
, y tss e sS1s on ef its clti1ers 20 him
Aso, the ciiizpns abroad must look for protec
sion q person AID Of property, and Tor the a.th,
their protection For this purpose the whole excc1
tive power Of the country placed III his hands under
anl dincrent deyarimeuts Of government have been
organized through which THIS power may be most ccnve
s~partment Il s,ale ana al the navy Now, as il re-
The interpretation OF the Executive ABROAD Tor me
protection Of the lsycs property VI The citizen the
aa,y mus, Of dcccssty rcsi IN the discretion Of tie
Pre- dent Acts OF aless violence o. p threatened
violence the citizen Or his property oaun.t be antc
saied and provided for. AMI the protection, to be
.s.cna az OF any avail may hot unrcqgerty require
abe most prompt and decided action tneer our tystem
projection a. the citizen hone. Tho great ohicc, and
dnty q Government the profession Of the ves, eer
" and property " the peole composing II, whether
ahroal or al home and ahS government, faing in the
complainant OF the OBJECT Or performance o. the duty
not worth prcssryuF We have ta'a lh.t thc ihcrro
cit necessarily rest " his disc elton aud II Is
quite clear that. al cases. where pebble act or order
res,s IN executive discretion, neither he nor bis
wutbor red agent 4 personally. civy responsible for
ATE cousce ueccs. A. Observed ny Marshall, ,hief jos
tsce il Msrbury - Madison q traner, l55), " ~ the
liz
With certain important p0t al powers In the exercise
Of which he r. 10 We his own - ret On and y account
able enly 10 his country N LIS political character and W
IN owr corsicn,c. TO aid him IN the performance Of
sbese he ihcfxed 70 appoint certain ohccrs,
who At by his authority aud In CONFIDENTLY with his or
derp in sch cases Their hiE acts; aud, what
ever may b. entertained Of tie manner in which
sseesve aSaSa !, sns - ~, re s
yecis potsal they respect the nation not individual
rRhts and being entrusted 70 the xec i've the dc son
pc and governs the prescott The question whcher
the duty of the President T. inierposc for the pro
O. the ct 81 trcyt0wn against an rreepons
Die ard mAcraudlng community that had estab SIZED ~
self there q pabls political question. IN whih the
sovcrpnent vel the citizens whose interests were
nvolvei we're con cernel and whleh belonged 70 the
Executive d determine and BIS decison was inal and
concnsve and jusii "a the DEFENDANT N ne execution Of
ms ORDERS throuch the Slrcary Of tho navy aaagmcnt
or the dcfen ant
rNroRrsxr WILL CASE.
Nusoy, G. J--rhts ~ an eicctmcni 10 recover an un
divided sixth part OF parcel o. land, described a. The
homestead IN the ~ q lawrence Benson. and situate
as Harlem IN the Twelfth ward o, Tie city Of New York
Tbs tesAsor died leaving son, Ben amin l. Denscn, and
three grand chdrcn tho children q daughter scsan,
tn v "a q the Rev mr. uilcdolcr. ny his vii he 10
vsed arst 10 y. l. Benson, The parcel Of Land 10
ssnssed - then in the occupation q one George WI
iens ito DO aad dispose q he may think proper"
Also he homestead where he ihon lived, situate Har
river and Fcccnd, declared hts vii and intention to
Be thai he con ~. y should give into his grand