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Durand v. Hollins

United States Circuit Court for the Southern District of New York

8 F. Cas. 111 (No. 4168) (1860)

Relevant factsFree

After a mob in Greytown (in present-day Nicaragua) threatened and injured the American diplomat to Central America amid a business rivalry involving U.S.-backed interests, the Secretary of the Navy sent Captain Hollins (defendant) to demand compensation and an apology; when Greytown officials refused, Hollins bombed and burned the town. An American whose property was destroyed (plaintiff) sued Hollins, who argued he was simply following orders from a lawful chain of executive command.

IssueFree

Whether the manner in which the president exercises discretion to protect citizens abroad is a nonjusticiable political question best left to the executive branch.

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