The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-09-18
AS US.
The Act OF Congress Authorizing Its sus-
pension.

on'eu states W America an Congress Assembled, That
during the present rebellion the President OF the United
STATES, whenever In his judgement the bile safety may
require t. Is authorized to suspend privilege
wr Of habeas corpus in any throughout tho United
States or any thereof And whenever and whercver
ne sara privilege shall be suspended aforesaid
Mr Of naoeas corpus to return the body any person
persons detained by him by authority or the President
charge OF any by him rs prisoner under
authority Of the President further proceednas under the
writ Of habeas corpus shall by The Judge or
court having issued the said WRIT SO long as said
sion BY the President shall remain ana said rebel
Sec 2. And Be further enacted, That the Secretary a
state and the Secretary OF War be- and they are hereby
directed IS soon q may De % furnish 70 the
States aud Of the District Of Columbia list OF names a
all persons citizens OF States in which the administration
courts who arc now or may hereafter be- held prso-
ners Of tho United States, by order authority the
RES 10 any fort arsenal other place. State or POI
tcal prisoners or otherwise than as prisoners OF
in the respective Jurisdictions OF said judges or who may
DC deemed by the sad Secretaries, other Of thcm TO
any sT q the %. United states IN
Secretary Of State to furnish list OF such persons
Sy the order or authority Of the
OF War list Of such imprisoned by the order
authority OF the President acting through the Depart
Ing attended any OF said courts having jurisdiction In the
premises after the passaseof this acs. and after the r
nishng OF said list aforesaid has terminated its session
without finding indictment presentmeut, other
proceeding against any such person. shall be tho duty
any such prisoner desiring discharge from said smpr
sonmcnt DO brought before him to be discharged ana
every officer Of the United States having custody Of such
prisoner Is hereby directed Immediately TO obey and
ecute said Judges order and in he shall delay or re
fuse TO do. be shall be subject to indictment mis-
demeanor and be punished by fine OF not icss than ve
hundred dollars and imprisonment 10 the common Jail for
period not less than six months In the discretion Of the
charged by virtue of the provisions act until
after he or she shall have taken the oath OF alleg!ancs
port the consultation thereof and that he or she win
not hereafter Ia any way encourage or give aid and
thereo and proved also that tho judge or Court neor.
whom such person may be brought before dscharging
him or her from Imprisonment shall have power, OK.
animation Of the cssc, and IL the public safety shall
que IL. shall be required to him her 10 enter
into recognizance with without surety in be
fixed by said Judge or Court to keep the peace and bs Of
good behavior towards the United States and its Citizens
and from time to time. and at such times such Judge
or Court may direct appear before Judge
be further dealt wh according TO law, clrcam-
stances may require And shall be the duty OF tbs
District Attorney Of the United States to attend such OK
Sec s. And be i, further enacted That in case any OF
such prisoners shall be under indictment or presentment
any offence against the laws OF tho United States and
By existing laws ball or recognzance may be rn for
the appearance for trial OF such person. ehal DO the
bali recognzance aforesaid And the said
Secretaries and shall for any refuse
aoresad at the time OF the passage Of this act within
twenty days thereafter and OF such persons as hereafter
ArroSt0i Within twenty tue tune o. the
arrest, any citizen may after Grand Jury shall have
terminated its session without finding an indictment or
presentment as provided In the second section Of this
act by petition alleging the facts aforesaid touching
any OF the persons Aforesaid imprisoned supported
by the oath Of such or any other credible per
obtain and be entitled TO have the said Judges order
10 discharge such prisoner the terms and condi
tons prescribed IN the second section Of this act Pro-
vided however That the said Judge shall be satisfied
such allegations are true
Sec. And Be furthrr snaced, That any order Of the
President or undor hi authority any time dur
fence In all courts to ectlon lon civil
criminal pending or to be commenced for any Search
seizure arrest or impr isonment made done or com.
mted acts omitted to be dono under and by virtue Of
such %.aer, or under coor o. any law o. congress ana
general issue.
Sec. 8. And be y firth enae,ed, That any sui.
prosecution. civil or criminal, has been shall be
commenced IN any Stale court against any officer civil
military, or against any other person, for any arrest
Imprisonment made or other cspas ses or wrongs done
committed act omitted 10 he DONE at time
during the presen, reLeon by virtue under color Of
any authority derived from or exercsed by or under the
President Of the United states any act OF Congress-
and the defen ant SHALL at the time Of entering his APP
have been enere before c passage Of His act then n
the next session Of the court in which such suit prose
cation 10 pending file Petition stating facts and verified
by AFFIDAVIT for the removal OF the for trial al the
next Circuit Court OF the United states 10 be holden in
the district where the suit is perdng and oer good and
suit cient surety for his ding IN such court the FIRST
day OF its session. copies OF such process and other
ceedngs against him. and ao Tor his appearing in such
court and entering special bail in the cause sccal bail
originally lurcd therein, II shall then be the duty
Of the State Court TO accept the surety and proceed no
Ttsss n e and s TIA, sinai
coies being flied as Aforesaid in such COURT Of the United
States, the shall proceed hcrenln the man.
nor MS II II had been brought Ia said court by original
process, whatever may be the amount In dispute the
damages claimed Whatever the citizenship OF the par
ties, any former law TO the contrary notwithstanding.
And any attachment OF the goods OF defend
ant by the original process shall hold the goods estate
manner as by the laws Of such state they would have
been holden 10 nsl Judgment, had u been
aerea 70 me court ~ wneh me snn or prosec,ion was
prosecution which may be Cow pending or hereafter
commenced, before any state court whatever, for any
cause Aforesaid after na JUDGMENT Tor either party 10
remove ard transfer by appeal such daring the
sion OF said court at which the shall have
taken place from the Circuit Court Of
the United States be held ia district In which such
appeal shall be taken In manner Aforesaid And II shall
and die in Inc said Circuit Court atos,ad copies or The
process proceedings and Judgment in such cause and IL
months after tho rendition Of judgment 10 any such
cause, by writ Of other process 10 tbs
same to the Circuit Court Of the United states Of that dis
and the Said circuit Court snail ih"rsnn prncaed " TIT
anu tsc!. md lhe law Ia such action, in the
same manner AZ II the same had been there originally
menced thslsdgmspt N such case Notwithstanding And
shall be holden on the final Judgment OF the said Crcu
Court In such action IN the same manner as no such
removal and transfer bad been mado aforesaid. And
the State court from which any such srtion civil cr
pInai, may be removed cpd transferred Aforesaid
tie pr6eecd0n thereof, shall allow the san5 70 be RS
moved and transferred, aud proceed further 10 The
case: Provided however That the party aforesaid shall
fail duly 70 eBssr the removal aud transfer aforesaid r.
the Circuit Court Of the United States agrceaby 10 THE
act the ssass court ey which udsneu, shall have been
have been made Aforesaid shall be authorized on mo-
tou for that purpose 70 isue execution, and 10 carry
into effect any such Judgment, the n no such
removal and transfer had been And provided also
That such appeal writ OF shall be allowed N
any criminal action OF prosecution where final judgments
shall have been rendered In favor Of the or
respondent by the state court And n IN any suit hero
afuer commenced the plaintiff IL suited, or jude-
nsn pass against him, the defendan, shall recover dou-
bic costs.
Sec. g. And encc'ed, That any suit or prose-
cution described In this act 70 which FINAL Judgment may
be rendered In the Circuit Court be carried by wrs
Of error 70 the Supreme Court whstever may b the
amount OF said judgment.
eec 7. And Be further srdc,d, That suit prnee-
ruon, civil criminal shall be maintained for any