New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-09-17
MAEEAs CORPUS.
The Act OF Congress Authorizing its s"s-
pension.
CuIp IXXXI-AN ACr ren.inr 10 Naheas CoIpls az

~ Ti.nJ $50 or any nort thereof And whenever
and wherever the said privilege shali ~ u i o,iod
aforesaid Iailtary or other oice IN rctnfn tie
in answer to any writ Of hoo1Gs tgYIa'' h Nm NV am
body 81 any person persons detained y! mn =! S
thoiity OF he Presidents but upon the eerlc,' u"uVi
9Th of tbo officer having charge OF any one so uc
tainr6 Inv him as prisoner under authority OF the ire
dent lirther proceedings under the Wrh oil h0c'8S
Soos han be suspended by the Judge or Court having
;oJ the eajd writ 50 long said suspension by TIE
Prcsden. shall remain IL iCree' ana SAID hepeioA COZ"
finuc. 80, =, G ..,..
Of state and the secretary Of War be, and they are
hereby directed. Us may be pT4cucabe' 10 lur
nsb 20 the judges IF the crouit and district courts oi
The United States and OF the District OF Columbia ~
Of the names M all u lsoLs, czOns OF States IN Nnlc
the ADM iStrt.iOu If the lNs has contECe ul pane
In the Id Federal courts Who may hcioai
ter be held as prisoners OF TIC United states ny oFer
o. authority al the President Of The United states o
either - sa Secretaries in any fort arsenal or % er
place as state or political prisoners Otherwise Nun
as prisoners Of war: the said list 10 contain Ae name
ol al thoe who reside L. the IcsQcye J9ISule'eAs l
said iudr.s or who may hc doCmh by me saio SER
taTtcs either Of them, ~ have N"islgo guy ID" ~
tho Vri-od States IN any OF sad Jurisdictions, ana
alfhe'afo of each Arrest che Secretary "a StNtc 20
furnis, "a hst Of such persons rs are imprisoned D!
80 n.lcr ,r authority az rEe President, acting
throa-i the state Deparr'2'nt, ara the SEER:
OF Wa lis, of such as arc r1rsoned p lh' ,lu'l 81
authority OF the President acting through Inc DelHI.
mestol Mar. And IN all eases Were tIaiu ~
ha,ilt attended any of .d courts having ldrisli' IN"
in i've premises after tlc sage Of tins act ana er
thearnishing Of sand Est as aforesaid mas ieiiI e"
IT. session without finding am indictment or present
ncl l. or other proceeding against any such leT"n II
shs he the duty Of the 'tgc OF said court forthwith 20
make IN order thst ac such prisoner desiring as
cfaIEc rom said imprisonment be brought oei ~ MN
b. be DISCHARGED and ever! orccr q the iitoe Nlh
hrving custody ~ sreh prisoner IS hereby duec'c ca
i,nued atell obey iRe execute said judge tfieI;
ana In he sah delay or reuse 50 I" d" ~ Ni"
be subject e. Indictment for iai,dclucanor M DC pm
ished hy a me ST not less than nve hundred -Ai' 'N
irorriSOnmcuf in the common jail for a period
not less than six months, IN the discretion a. '.'
court Proci0sd h-ercf. That no person smN ''
rn~Hal he Is ITS
uni asler he or she shan lltc taAcn inc ~ ol a'
auee 10 the Government Il The United states, ava q"
support the Cont on thereof; and inst ne or SD.
vii not hereafter in any way eaoouIe or gave a'u .-'u
comfort the present rche.lon, OF tAe suppl go
Thereof ArS porled also That the judge or e,-It b,
fore whom person inet Dc tIJlEn itoIc uaNit
in- him OF her from Imprisonment shall have pow ~ ON
examination Of ae case. auf "a the pnthc sai'i! STU"
require IN shall c required 10 cause nm II hOT 10 enter
into recogizsncc with or without surety lh sum 10
be fixed By nd Judge count 10 keep ne peace an
be of coed behavior toward the United states and If
such iudrc or coat may direct. appear bofoIe s-o
iudge or court 10 I've further dealt with according to
law. the circumstance may require And II saa pc
The duty 81 tie District Attorney Of the United STATE,
10 attend srcA examination before the judge.
SIC 3. lad BE- a. ffrbtr sgGc'td That IN case any o.
such prisoners shall be under indictment or lf'seinen
for any ofeuse against the laws Of tAe United States
and b existing laws bail IT recognlz,nce NY DC
taken for the sppcraioe fer trial Of such person II
pcreon ur0n ba or reeocnLrnce FOR trial AZORES 3D.
And IN case the said Secretaries 81 state and War shan
passage Of this act within twenty days thereafter and
Of such persons as hereafter may be arrested within
twenty d from The time Of he arrest any Cil|c
NAV after "a Grand jury shall have terminated us ae
sion without finding 800 indictment or picseiimeHf is
provided ~ the second section II this act by petition
alleging tie facts aforesaid touching aly Il tAc persons
SO as aforesaid Imprisoned. supported by 'he olN 81
such petitioner my other credible rson, oDisn ana
be entitled to have tie said Judges order 10 discharge
sue pIso.er OBJ ihe ss In ~ MS " ae p,er.&
81. fs t.I. shall lg ~ allN 80.
Asa be fur,her ,roc,ed That any order Of the
President or under his authority made 20 any tine during
the existence OF the present reDcon saii oe GER
in all courts any action prosecution. cVn Of cI-
nal pending, or 70 be commenced iof aly se"Isn'
seizure, arrest. or imprisonment, maze cn4c OF COZ
mi.tei or acts omitted - 30 done under AID by virtue u
such order under color Of any law Of Congress an u
such defense may " made ~ special plea % under i-r
SCI md be il fa-tlsr enacted That If any suit
or prosecution, ei'ii or criminal hss been o.. or
anv Officer civil or military, or against any
other person, for any arrest or imprison'n' NJ
made or other IT, passes o. HToAgs Gone or CON
mi,ted or any act on Ia % De doc ~ an! time dur
ing the present rebellion by virtue under color OF any
authority derived FROM 9. exercised by or unc"I 30
President u tie United states OF any act 81
and the defendant shall nj the time Of enterlnr BIS ap
peararce in such court, II II such appearance sNal
have been entered before tie p1sSlec o. th act iel -
fbe next session % the court IN which such bult cr
prosecution IS rendlg. file petition stating facts and
verified BY affidavit iOr tie removal OF he cante Tor
to he holden IN the district where the sait u
pending and offer good ond suteieL, surety 10y las
filing in such Court, tie hrst day Of IL
copies snch process and other proceedings against
Inn and also for bis apps IN such Court and enter.
,Dg special bai in TIE cause i SPECIAL ban Nls o.; y
required therein IT shall then ne tie duty 81 ne state
Court accept The surety and proceed no iuriier IL
the prosecution. nd the bah that shail have
been originally lakel shall De discharged And tnch
COPIES being fled aforesaid IN sucf Court the Unit
States tie Sian proceed therein lA TIE sane man
If il had been brought IN said Court by original
HNs.uF ina l.HlufIa Nta
damages cHilcd, Whatever the Citizenship OF tAc par
tie. any former law ~ the contrary notwlhstanflng
Az any attachment Of the goods or estate OF the dcehd
an by the original process shall hold the goods estate
50 ,ttachcd the final judgment IN the same
EaapneF by the laws Of such state they would
have been holden 70 answer final Judgment had II been
read red in the Court IN which tie st prosecution
was commenced. And il shall be lawful in any ouch
ac.Ioa or prosecution which may be nov pending 81
hereafter commenced, before any state Court Whatever
for aforesaid. after final Judgment for ecr
party 20 remove and transfer, by appeal such case du
ing the session II said Court at which the
shall have taken place from such Court 10 the Cir.
cult Court Of the United States TO be held in the district
in which such appeal shall be taken, in manner aforc
said And il shall be tho duty OF the person taking
such appeal produce and file in the said Circuit Court
atiesicd copies Of the process proceedings and juds
JDen H such cause and II fhai also pc competent Tor
either p.rtY within six months after tie rendition OF
a Judgment IN any such cause, by viii on error or
nroccee 70 fanoye the saUc 10 the Circuit Court
of the United States Of that district in which such
Judgment shall have been rendered; and the faId CIR
cult Court sha ereUppn proceed 90 ty and determine
az If the same hal been there originally cOnmc ced
the iud gInen in such notwithstanding. And any
bail which may have been taken or property attached
sha be holden The final Judgment Of The said Circuit
Court in sucl action ia the manner a. II 10 fuch
removal and transfer had beer made aforesaid And
the State Cont. from which any such action ciy ~
criminal nav be removed and tgnscric I'd aforesaid
Ipon tie parties giving good and sufficient security of
lie prosecution thereof shall allow tho same
70 be removed and Transferred and proceed no
further ia tie cage. PlO5ided Aowere, That III
fhe party aforesaid shall fail duly to enter The
removal and transfer, as Aforesaid III ne or
cult Court Of the United States aggeeoby 10 this act
The State Court BY which Judgment a1I Lave been ron