Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-10-15

|, would seem, from the clear and sue
cinct charge of Jadge Shipman, that the
case Of substitute broker Bean, against
P.oyost- Marshal Gilman Henry and his as
sstant. was less enyironei with legal
doubts and difficulties, than many Of the
cases. in which military officers have been
eallsd on to respond in civil damages, Tor
acts committed By them in their military
capacity, during the war for the Union. 1t
is not at all surprising that such cases have
arisen The proyost-marshals used to act
very generally on the theory that the con-
mand or approval of a superior officer was
a. complete sanction for their action, as
ki- captain order for an enlisted man, On
duty Ia the face OF the enemy. Some Of
them have since found out their mistake by
unpeasan: legal experience. In this case,
Provost Mars nal Henry claimed the sane
ton cd General Pitcher for his arrest
aud imprisonment Of Bean, and his action
was approved by the General commanding
the Department Of the East yet, the arrest,
Judge Shipman slyS, was clearly without
warrant Of law and this beings government
Of law. the plaintiff was entitled to damages
and the Jury, thereup0n, gave him fifteen
thousand dollars for his six months incar-
ceration. We believe that in cases where
subordinates were shown to have honestly
obeyel the orders Of their superior officers,
and were subsequently mulcted in damages
therefor, the government has reimbursed to
them the amount Of their fines and costs. In
this case exceptions to the judges charge
have been made up, writ Of error has been |
flel, execution stayed, and the case sent up |
to the nited States Supreme Court
Wendell Phillips speeches are always in
t:Ie-tiug. His sharpness, independence and
ability a. a ~cold, make them lively reading
and they always have peculiar interest to Us,
most peculiar minds that we know Of The
political attitude of Mr.. Phillips at present
is study for a philosopher. lie believes
that tie rebellion is not over that the spirit
which bred it still exists, and is powerful at
the South that the white men of the South
ern States mean to reduce the freedmen TO
yassalaye that they hate the government
they failed to overthrow, and the men who
sustained it. lie believes it to be absolutely
essential N tho walc,ra - not ., ,la co,, |
tinued existence of the Nation, that the Re
publican party should retain control of the
government. lie talks much, also, about the
stagnation in business, and is anxious, a.
every patriot must be to see the finances and
business of the land again ON sure,
stable aud prosperous foundation. lie
gives fully equal, if not paramount, Import
ance to the Temperance question, az is set
forth in the paragraphs we copy elsewhere
from his latest speech in pubic. He believes
in the prehibitory law, and considers it es-
sential to success in the fight with alcohol in
and every other State Hold
Ing these views on National and State qle--
tons, what would he do to secure SUCCESS for :
them. Mr.. Phillips, with his customary
has informed the public, that if
be could have his own way he would nomi-
nate President Grant for third term, and
be would put him on an initiation platform !:
two things a certain to destroy the Repaid =
ican party, under the declarations of the :
people against third term and of the party
against imitation, as anything can lie. In h
lis own State, he would divide the Repub- e
loan party, and secure continuance Of power :.
% the rum-Democracy, by keeping up po- ~
itical Temperance party with separate =,
isket, every vote for which will be the with 81
travail of a vote from the Republican party, n
md nail in the coffin of the prohibitory "
aw, for the resuscitation of which there : 81
10 Lo;e under Democratic supremacy. Was Of
here ever palmer instance of looking one =,
way and rowing another? Bat this is Wen tr
ell Phillips all over "