Underhill v. Hernandez

In the early part of 1892 a revolution was initiated in Venezuela, against the administration thereof, which the revolutionists claimed had ceased to be the legitimate government. The principal parties to this conflict were those who recognized Palacio as their head, and those who followed the leadership of Crespo. Gen. Hernandez belonged to the antiadministration party, and commanded its forces in the vicinity of Ciudad Bolivar. On the 8th of August, 1892, an engagement took place between the arimes of the two parties at Buena Vista, some seven miles from Bolivar, in which the troops under Hernandez prevailed; and, on the 13th of August, Hernandez entered Bolivar, and assumed command of the city. All of the local officials had in the meantime left, and the vacant positions were filled by Gen. Hernandez, who from that date, and during the period of the transactions complained of, was the civil and military chief of the city and district. In October the party in revolt had achieved success generally, taking possession of the capital of Venezuela, October 6th; and on October 23, 1892, the 'Crespo government,' so called, was formally recognized as the legitimate government of Venezuela by the United States.

George F. Underhill was a citizen of the United States, who had constructed a waterworks system for the city of Bolivar, under a contract with the government, and was engaged in supplying the place with water; and he also carried on a machiney repair business. Some time after the entry of Gen. Hernandez, Underhill applied to him, as the officer in command, for a passport to leave the city. Hernandez refused this request, and requests made by others in Underhill's behalf, until October 18th, when a passport was given, and Underhill left the country.

This action was brought to recover damages for the detention caused by reason of the refusal to grant the passport, for the alleged confinement of Underhill to his own house, and for certain alleged assaults and affronts by the soldiers of Hernandez's army.

The cause was tried in the circuit court of the United States for the Eastern district of New York, and on the conclusion of plaintiff's case the circuit court ruled that upon the facts plaintiff was not entitled to recover, and directed a verdict for defendant, on the ground that 'because the acts of defendant were those of a military commander, representing a de facto government in the prosecution of a war, he was not civilly responsible therefor.' Judgment having been rendered for defendant, the case was taken to the circuit court of appeals, and by that court affirmed, upon the ground 'that the acts of the defendant were the acts of the government of Venezuela, and as such are not properly the subject of adjudication in the courts of another government.' 26 U.S. App. 573, 13 C. C. A. 51, and 65 Fed. 577. Thereupon the cause was brought to this court on certiorari.

Walter S. Logan, C. M. Demond, and Salter S.C.lark, for plaintiff in error.

F. R. Coudert, F. R. Coudert, Jr., and Joseph Kling, for defendant in error.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.