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

! If SO is the statute valid? The statute
only covers acts done under orders or proc
lamations issued by the President, OF under
his authority. No such proclamation or
order has been called to the attention Of the
court; il is virtually conceded that none
exists. The approval or authority OF the
President is not shown. it is not claimed
that any approval or authority was actually
given. But il is claimed: =,
First That the authority OF General
Pitcher has in law. the authority and sp-
prevail of the President. Such proposition
is not well founded.
Second-That the acts of the defendants
are, by the statute, held pyma facie TO have
bean Authorized by the government AS
suming that the construction which Is
placed by the defendants upon the statute
is correct, and that from the commission OF
an act the presumption is that it was au-
thorizsd by the President. yet, it is too
plain for contradiction that sueh presump-
ton, if it ever technically existed no longer
exists. 1t has been proved who alone did
make, issue or authorize the order under
which the act was done. All the persons
who made the order, or who executed 1t,
have been witnesses and do not claim that
any authority was derived from, or approval
was given by, the President.
1t is. therefore, my duty to say to you
that no justification exists for this impris-
onment. but that it was entirely unwarran-
ted by law.
Your only question is in regard to the
amount of damages. The simple arrest CT
this man was comparatively of little conse-
luence. II he had bsen arrested and taken
to headq and then sent off it would
have been an illegal act, bat one which
would have called for very small damages.
The Importance Ut this case consists in the
imprisonment. and in the purpose Of the
imprisonment. The first written statement
OF the arrest, and the reasons Of the arrest,
was made by Captain Henry, on November
Goth, and seems to me Of some Importance
Arrested A. j. Bean charged with having
taken part of the money paid in for sub
stitutes. and then being privy to their de-
sertion. and is held for the return OF the
money" After he was put in Jail. it was
not the purpose of the defendants to try
him by civil courts until the order came
from Washington to deliver him TO the civil
authorities 1t was the open and avowed
purpose of these military authorities 70 hold
by the strong hand until the money was
paid, and which money when paid did not
belong to the government. They considered
that they had a right TO do so. and have |
already told you. that he was held without |
authority OF the law and in violation of the |
law
For this he is entitled to Just damages. to
be reeonpensed for his expenses to be paid |
for the suffering to body and mind, from
confinement in common cell in the State |
prison, for the disgrace. for the separation /
from his family at q time when il was very |
important that he should not be separated |
from them.
lfyou think that Henry was influenced in
all his conduct by determination TO pre-
vent his release, and delayed reporting to
Msjor Austine, and tried to thwart all his
attempts to obtain release and to keep him
IN after he was ordered to be turned over to
the authorities. and 50 was guilty of what
The law calls malice or i'll will, then you
III give IN addition to remuneration what
ire called punitive damages; that is. such
'um as will punish him Tor such malice and
each him and others the Importance of re-
raining from similar conduct.