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and Powers (1940), pp. 246-248:
"Far more important is the question whether the President
may, without authorization by Congress, take measures which
are technically acts of war in protection of American rights
and interests abroad. The answer returned both by practice
and by judicial doctrine is yes. The leading precedent was an
outgrowth of the bombardment in 1854, by Lieutenant Hollins of
the U.S.S. Cyane, of Greytown, Nicaragua, in default of repara-
tion from the local authorities for an attack on the United
States consul. Upon his return to the United States Hollins
was sued in a federal court by one Durand for the value of
certain property which was alleged to have been destroyed in
the bombardment. His defense was based upon the orders of the
President and Secretary of Navy, and was sustained by Justice
Nelson in the following words:
As the Executive head of the nation, the President is
made the only legitimate organ of the General Government, to
open and carry on correspondence or negotiations with foreign
nations, in matters concerning the interests of the country or
of its citizens. It is to him, also, that citizens abroad must
look for protection of person and property, and for the faith-
ful execution of the laws existing and intended for their pro-
tection. For this purpose, the whole Executive power of the
country is placed in his hands, under the Constitution, and the
laws passed in pursuance thereof; and different Departments of
government have been organized, through which this power may be
most conveniently executed, whether by negotiation or by force-
a Department of State and a Department of the Navy.
If I Now, as respects the interposition of the Executive
abroad, for the protection of the lives or property of the citi-
zen, the duty must, of necessity, rest in the discretion of the
President. Acts of lawless violence, or of threatened violence
to the citizen or his property, cannot be anticipated and pro-
vided for; and the protection, to be effectual or of any avail,
may, not unfrequently, require the most prompt and decided ac-
tion. Under our system of Government, the citizen abroad is as
much entitled to protection as the citizen at home. The great
object and duty of Government is the protection of the lives,
liberty, and property of the people composing it, whether abroad
or at home; and any Government failing in the accomplishment of
the object, or the performance of the duty, is not worth preser-
ving. [Durand V. Hollins, 4 Blatch. 451, 454]
"And further illustrative of the President's power and duty
to protect American rights abroad was President McKinley's des-
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"ocrText": "- 3 -\nand Powers (1940), pp. 246-248:\n\"Far more important is the question whether the President\nmay, without authorization by Congress, take measures which\nare technically acts of war in protection of American rights\nand interests abroad. The answer returned both by practice\nand by judicial doctrine is yes. The leading precedent was an\noutgrowth of the bombardment in 1854, by Lieutenant Hollins of\nthe U.S.S. Cyane, of Greytown, Nicaragua, in default of repara-\ntion from the local authorities for an attack on the United\nStates consul. Upon his return to the United States Hollins\nwas sued in a federal court by one Durand for the value of\ncertain property which was alleged to have been destroyed in\nthe bombardment. His defense was based upon the orders of the\nPresident and Secretary of Navy, and was sustained by Justice\nNelson in the following words:\nAs the Executive head of the nation, the President is\nmade the only legitimate organ of the General Government, to\nopen and carry on correspondence or negotiations with foreign\nnations, in matters concerning the interests of the country or\nof its citizens. It is to him, also, that citizens abroad must\nlook for protection of person and property, and for the faith-\nful execution of the laws existing and intended for their pro-\ntection. For this purpose, the whole Executive power of the\ncountry is placed in his hands, under the Constitution, and the\nlaws passed in pursuance thereof; and different Departments of\ngovernment have been organized, through which this power may be\nmost conveniently executed, whether by negotiation or by force-\na Department of State and a Department of the Navy.\nIf I Now, as respects the interposition of the Executive\nabroad, for the protection of the lives or property of the citi-\nzen, the duty must, of necessity, rest in the discretion of the\nPresident. Acts of lawless violence, or of threatened violence\nto the citizen or his property, cannot be anticipated and pro-\nvided for; and the protection, to be effectual or of any avail,\nmay, not unfrequently, require the most prompt and decided ac-\ntion. Under our system of Government, the citizen abroad is as\nmuch entitled to protection as the citizen at home. The great\nobject and duty of Government is the protection of the lives,\nliberty, and property of the people composing it, whether abroad\nor at home; and any Government failing in the accomplishment of\nthe object, or the performance of the duty, is not worth preser-\nving. [Durand V. Hollins, 4 Blatch. 451, 454]\n\"And further illustrative of the President's power and duty\nto protect American rights abroad was President McKinley's des-"
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