Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-12-02
WHAT BECOMES OF THE LAW
[From tho PrOvidenco pnIlr PosLl

euspeuulhB Ihe privilege Of the writ o
haDs1S corpus so he informs -by yirtus
, OF an act of Congress approved on the Sd
+ Gay 0i March, 1868, and entitled " An Ac
relating to ha6eaS corpus and regulatin,
Judicial proceedings in certain cases. -
The hsst section of this act authorizes the
PRESIDENT to suspend the writ of hgLc,y
corpus IN any case throughout the United
states, or IN any part thereof" whenever
during the present rebellion. the pubIio
safety, m his Judgment, may require il
Ihe second section in this act relates 10
proceedings which shall follow The orrasi
OF any person BY order of the President
We quote the substance oft.
SEC. Z Aad Jc Il .furtler enacted. That
the Secretary Of State and tho c. creierv
n! vi oe and they are hereby directed.
as soon as may be practicable, to furnish
to the judges Of the circuit and district
courts OF the United States and of tho
District Of Columbia, a list of the names
Of all persons, citizens of States in which
the administration Of the laws has CON
tlnued unimpaired in the said Federal
courts, who are now, or may hereafter be-
held as prisoners Of the United States, by
order or authority Of the President of
| the United States, or either OF the said
/ Secretaries, in any fort, arsenal, or other
place, as State or political prisoners. or
otherwise than as prisoners of war tho
saId list TO contain the names ofall those
who reside in the respective jurisdictions
OF sald judges, or who may be deemed bv
the said Secretaries, or either of them. to
have violated any law Of the United
States in any Of said Jurisdictions. and al
so the date of each arrest the Secretary
| OF State to furnish a list of such persons
as ale imprisoned by the order or au-
/ thorlty OF the President, acting through
the State Department, and the Secretary
! OF War list of such as are imprisoned bv
the order or authority of the President.
jacting through the Department Of Var
And in all cases where grand iury hav-
ing attended any of said courts having
jurisdiction in the premises, after the
passage Of this act, and after the furnish
ing oil sald list, as aforesaid, has terminated
Its session without finding an indictment
or presentment, or other proceeding
against any such person, it shall be the
duty of the judge of said court forthwith
to make an order that any such prisoner
desiring a discharge from said imprison-
ment be brought before him to be dis
charged and every officer of the United
States having custody Of such prisoner is
hereby directed Immediately to obey and
execute said judges order and in case he
shall delay or refuse so to do, he shall be
subject to indictment for a misdemeanor
and be punished by fine Of not less than
FIVE hundred dollars, and imprisonment
in the common Jail for a period not less
than six months, in the discretion of the
court"
1t strikes us as remarka able that the
President, in his proclamation, makes no
reference TO these provisions, but com
mands disregard of the writ Of the kaJeas
corpus in all cases where any person is held
by the authority of the President Of Tue
United States as an sider or sbettor Of the
enemy, prisoner Of war, q spy, or an
officer or soldier in The army. The law
provides that the name of the person ar
rested shall be sent 10 the Judge of the
circuit and district court having iur-
isdicton in the district where he re-
sides and if the grand jury next sitting
shall fail to find an indictment against
such person, the judge shall forthwith
make an order that any such person desi-
ring a discharge from said imprisonment
be brought before him TO be discharged"
But this order is in the nature of writ of
haJcaS corpvS-is in fact nothing more or
less than such writ: and the question
which arises is, does not the proclamation
suspend this provision Of the law, Just as
it does all other laws in relation 20 the
habeaS corpus and authorize the officer Who
may have charge of the party imprisoned
10 resist The order Of tie court? How is the
district or circuit judge to get possession
OF the prisoner, in order 10 discharge him,
If the party holding him will not respect
the writ of the haJcaS corpus? Really
there seems TO us some necessity for ex-
planaton in this ease. If the President
intends to be governed by the law, and
to give all Slate or political prisoners an
opportunity of trial he ought 10 say so-
He does not say so but on the contrary,
the fair inference from his proclamation is,
that he intends to disregard the orders
of the Federal Judges and all other Judges
to bring before them persons who have
been arrested by his orders IN Ali CASES
Indeed, if we mistake not, tho President
not only claims the right to make arrests
independent Of the law from which We
have quoted, but in making such arrests
and dealing with the parties arrested,
since the law was enacted, has totally dis
regarded the plain provisions of the stat
ute. The law Of March Sd certainly Gov
cred the case of Mr.. Vollandigham yet
it does not appear that that gentleman's
name and the charges against him have
been sent to any district or circuit Judge
or that any grand jury has deliberated as
to his guilt or innocence. Not only this,
but in plain defiance Of the law, he has
been placed beyond the reach of any Judge
who might issue an order to have him
brought before him; and the President
himself, if ordered TO procure him, could
not do So With this and other similar
facts staring US in the face, and plainly
indicating the purpose of the President,
we think it reasonable to infer that he
means, by his proclamation. TO repeal or
suspend the law of March Sd, as well as
all other laws recognizing the right Of par
TIES arrested to have trial in the courts,