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

Seizure for Intended vioiatiou of the iusev-
vcntion Laws-Thc Nicaragua Expedttlop--
Eminent Domain-Tort by Gsvcrnspens
Against the Citixcns-Is such aR Offence
Known 10 she Law. &c.
ioha Graham The Unsted Syafes This suit is
brought 10 recover the OF sl27,660 damages for
detention BY the In the port Of Now York Of
the steamships Ocean BIRD, United States and 81
Lawrence for sixty-sx days In 1856. They were not
only refused clearancss but blockaded by armed
vessels OF the government by order OF the President
being supposed, from certain representations made TO
the Secretary Of State that they were about 70 be en-
ploycd In hostile expedition against Nicaragua by
Fletcher Webster, H. s. Kinney andJ W. Fabens, whose
arrest In New York in that connection will be remembered
The question s AZ TO compensation for the public seizure
and detention OF tho vcsfels 4e4 .e Nt
Tho claimant contends that tho act OF detention was
the act Of the government and not of the President
the officers who performed his ORDERS and that the cir
cumsanccs OF the raise obligation the part OF
the United States 10 compensate Graham for the iosses
general rule in respect public for orfeitores
party whose property Is seized snail provo Innocent
then the officer making the seizure Is personally iabo
therefor unloss he establish probabs cause II In
other words the property turns out not 70 ~ leho 10
seizure then tho seizure deemed to be the act OF the
ofcer making H. In his individual capacity But Il 10
asserted that In where the act IL done bs direction
Of the osdeni undor The eighth section Of Tho cot OF
instructions completely justified in kkng possession
Of OBTAINING the offending vessel and respon-
sble in damages for any injury WHICH she party may
suffer by OF such proceedings II was 80 held In
Gelson Hoy i3 Wheat, 240 IL Ia certain that tho
detention was the exercise by the government OF the
right OF emnont domain. Tho property taken was pr-
yste property, and iis owner had done no acs
which subjected 70 any seizure or detcn-
tion whatever II wss taken Tor public
purpose The preservation Of amlcaba relations with
the Central American States was high pubic interest,"
with the care OF which the President and charged
aud for tho sahc OF which hc deprived Capt Graham o.
the use of his ships The temporary detention Of the snip
was taxing IN the sense OF the constitution aud cou,
under hat provision declaring that compensation sns ~
made Tor such taking or appropriation There y ~ %
thing ASA tort by government against an rhss
M between citizen aud his own governments acs s wn
between private citizens would be toris are 70 ~
implied contractss founded the right OF emnon ~ NJ
main, or else acts unavoidable aud moe Say W Wv
public welfare, but never acts founded upon hsmv ~
ful or malicious intent tstranagnanrss snsn., =,
us, Mott Huntington, S24 ,,eass lne s.c,,oa
the government is that Graham ~ wAv.s ~,e
for Ignorance OF The designs OF tho onaIe'e's ~ m
vessels Kipnez and Fabcns; tnas uo .sus'uvns ~
acted In good faith in pursuance OF aw hpu nss sno
execution OF the law Is not proper cause oi asNon 'os
saus a,sssoy Cnaes Blake and J. Carlisle
for claimants; NJ II. Norton, soioitvr ana v . Ws'u
Assistant Solicitor for the United ssasea