The New York herald., 1867-04-20
UNITED STATES COURT or cilIMs.

Seizure for Intended vieInfiou Of the ,auseS-
vcnfion Laws-Thc Nicaragua Exp~dtsios-
Eminent Domain-Tort ~ Gsversspens
Against the Citixcns-fs such Oncn~e
known 60 she Law. &c.
Joaa Graham The Cntted SAFES This suit -
brought 70 recover the sum OF sl2756o damages for
detention BY the In the pos Of Nov York Of
the steamships Ocean Bird, United States sat a.
Lawrence for sxty-six days In ls55. They were not
only refused clearancss, but bIocksded by armed
vessels Of The government by orr Of tho President 70
being supposed from certain representations mads TO
the Secretary Of State that they we're about 10 be EN-
ploycd In . hostile expedition against NkaragnA by
Fletcher Webster II. s Kinney andJ W. fabsns whose
arrest In New York in that connection viii be smembsred.
The question il compensation for The public seizure
and detention OF tho vessels. y MAN Wt
The claimant contends that the acs OF desentlos
the act Of the goyemment and OF the Presdsus
the officers who performed his orders; and that tbs CIR
cumsanccs Of the case raise obligation shs part Of
the United States to ate Graham for the ceses
sustained oy him - % % .ns Far me
party part whose properly !. seized snail prove ianoosas
then the officer making the seizure u personally liable
therefor uncss ho establish PROBABLE c2uss IT. IN
other words the property turns ous not 70 - oas 70
seizure then the deemed 20 be the act of
onlcer making H. in bis individual capacity nat ID 10
asserted that In whers the act IL done ~ drson
OF the President under the eighth secsIon Of ths n of
instructions completely justified IN kkinr posse~~lon
Of and OBTAINING the offending vessel and NOS respon
sibe In damages for any injury whieh she pasty nav
suffer by reason OF such proceedings II was 10 held IN
Geson Hoyt, 13 Wheat. 2<6 10 IN certain that ths
detention the exercise by the Rovsrnmeas of the
right OF eminent domain The properly taken wss prt
yste property, and its owner had done no ses
which subjected 70 any seizure OF deicp-
ton wha,sver u wss taken fes public
purpose. The preservation Of amicahs relations vsh
the Central American STATES high pubic interest,"
with the care OF which the President and charged
and for thc sake OF which hc deprived Capt Graham o.
the usc Of his ships The temporary detsnon cf We ship
VA taxing IN the sense Of the constitution and eon,s
under that provision declaring that compensation snsn
made Tor such taking or appropriation There no sn,
thing asa tort by government against sn inof@~.
~ between citizen and his own governments 49,
between private citizens would be tcrts are 70 "
implied contractss founded the right ci cmns 80 -
main, or else acts unavoidable and necNmny ~ n. 80
public welfare, but never acts founded upon nS.v.
ful or malicious intent cssrnnsenssrs - shs.~~ ~
us, Mott Huntington. a24 'as.s lns .y s =.
the government IL that Graham uano"s ~,
for irnofance or the designs OF me cpaIe'e's ~ ~
vessels Klpuex and Fabcns; tnM 'nn ~. 49,
acted In good faith IN pursuance o. hw spa tns. sne
execution o The law Is not proper cause 81 ncsion s
s.nvs ,sssey Cnares Blake and Carlisle
for claimsn,a. nj ri Morton, solicitor, and y. u weed
Ass,stapt Solicitor FOR The Unsed ssasea