The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-07-03

or engage in any rebellion or instruction
against the authority of the United States, or
the laws thereof, or shall gire aid or comfort
thereto, or shall engage in or give aid and COM
fort to any such existing rebellion or insurrec-
ton, and be convicted thereof such person
| shall be punished by imprisonment for period
| ing ten thousand dollars, and by the liberation
of all his slaves, if any he have, or by both of
said punishments at the discretion of the court.
Sec. 8. And be it further enacted, That eve
ry person guilty Of either of the offences de-
| disqualified to hold any Office under the United
| States.
The tribunal to take cognizance of such
cases and questions distinctly appears
from the concluding section, as follows:
| Sec. IA. And be it further enacted, That the
courts of the United States shall have full
power to institute proceedings, make orders
| and DEGREES, issue process, and do all other
| things necessary to carry this act into effect
This is conclusive as to the jurisdiction
of the Courts of the United States over
offences of a reasonable nature. And, it
is conclusive of their sole jurisdiction; for,
when the law lodges jurisdiction over any
class Of offences in any class of tribunals,
it prohibits its exercise by any other class
or authority. Now, in respect to the case
ofMr. VALLANDIGHAM it will be remem-
bered that the specification upon which he
was tried and convicted, was, that he " did
aid, comfort and encourage those in arms
against the government. His offence,
therefore, was one defined not merely by
the spirit, but by the terms of the law
above cited-which law was passed at the
very last session of Congress, after two
years experience of civil war, and to pro-
vide in the established courts complete
and certain remedy for it's violation.
But, as if to abolish utterly the whole
system of arbitrary trial and punishment,
Congress passed an act, approved March
8, 1868, expressly relating to hobeos
corpus and regulating judicial proceedings
in certain cases." The sections of this
act relevant to the case of Mr.. VALLAN-
DIGHAM may be found on page 755 of the
volume of the Statutes at large, as just
printed by order of Congress, and are as
| follows:
| Representatives of the United States of Ameri-
| ca in Congress assembled, That during the
present rebellion, the President of the United
States, whenever, in his judgment, the public
| safety may require, is authorized to suspend
the privilege of the writ of ha5eas corpus in any
case throughout the United States or any part
thereof The privilege has not been so sus-
pended in Ohio. And whenever and wherev-
er the said privilege shall be suspended as
| aforesaid no military or other officer shall be
compelled, in answer to any writ of ha5eas cor
pus, to return the body of any person or per-
sons detained by him by authority of the Pres
ident. But upon the certificate, under oath, of
the officer having charge of any one so detain-
ed that such person is detained by him as a
| prisoner under authority of the President, fur
Their proceedings under the writ of habeas co
pus shall be suspended by the judge of the
court having issued the writ so long as said
suspension by the President shall remain in
force and said rebellion continue.
We know it is contended by some that
martial law now exists over all the loyal
States by virtue of the Presidents procla-
nation to that effect, of September, 1862.
But, inasmuch as the only authority ever
given to the President to suspend the writ
Of habeas corpus, outside of the insurrec-
tionary districts, was conferred by the
law of March 8, 1868, such pretence is
hardly worth notice Or refutation. The
privilege of the writ has not been sus-
pended in Ohio; and it follows, therefore,
that no judge in that State had the power
to suspend proceedings instituted under
it. The two succeeding sections of the
act are as follows:
Sec. 2 And be it further enacted, That the
| Secretary of State and the Secretary of War be
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
names of all persons, citizens OF States in which
the administration of the laws has continued un-
impaired in the said federal courts who are now
or may hereafter be, held as prisoners of the
President of the United States or either of said
Secretaries, in any fort, arsenal or other place,
as state or other political prisoners, or other
wise than as prisoners of war; the said list to
| contain the names of all those who reside in the
respective jurisdiction of said judges, or who
may be deemed by the said secretaries, or either
! OF them, TO nave violated any law OF the United
States in any of said Jurisdictions, and also the
dates of each arrest; the Secretary of State to
furnish list of such persons as are imprisoned
by the order or authority of the President, act
ing through the State Department, and the
Secretary of War list of such are impris-
oned by order Or authority of the President,
acting through the Department of War. And
in all cases where grand jury, having at
tended any of said courts having jurisdiction
in the premises, after the passage of this
act, and after the furnishing of said lists 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 desir-
ing discharge from said imprisonment be
cry officer of the United States having custody
of such prisoner is hereby directed Immediately