, 1863-03-05
TEE LEA1EEsAS CORPUS ACT,
An Act Relating to Hnbcas Corpus
and dESeEuInttnE 7 dictal Proceediu&s
in Ger 1txln Cases.

1Gont,rA. .Asa1nt7ed, That, during the present
rebellion, the President Of the United States,
whenever in his Judgment the public safety
Of tic writ Of habcas corpus in any
case throughout the United States, OF any
Tnrt thereof. And whenever and Wher-
ever the said privilege shall be
suspended as aforesaid, no military
or other officer shall be compelled, in
answer TO any writ Of habcas corpus. to rc-
turn the body Of any person OF persons de-
taincd by him by authority Of tue President;
hut uron certificate, under oath, Of the ofa-
Ger having Charge Of any one 60 detained that
such n pereonis detaincd by him as prfs.
oper, under authority Of the President, fur
thcr proceedings under tho writ Of habeas
conrt having issued tic said writ so long as
said suspension by the President shall remain
in force and the said rebellion continue.
SEC 2. Ind BE- il further enacted, That the
Secretary of State and the Secretary OF War
lie, and they are hereby directed as soon as
may bp practicable. to furnish 10 the Judges
Of the Circuit and District Courts of the Uni
ted States and Of the District Of Columbia, q
list Of the names Of all the persons, citizens Of
States in which the administration Of the laws
has continued uniupaired, in the said Federal
Sta n IL e unitea 5 statss Or
der OF authority Of the President Of the Uni
ted Statcs, or 81 her of said Secretaries, In any
fort, arsenal or other place, as State or polttl-
cal prisoners, Or otherwise than as prisoners
Of war; the said list to contain the names OF
all those who reside In the respective luris-
dictions ofsaid Judges, or who maT be deem
cd By the said Secretaries. or either Of them,
to hare violated any law Of the United States
in any of said jurisdictions, and. also the date
of each arrest-the Secretary Of State to fur.
by The order or authority of the President,
acting through the State Department, and the
Secretary Of War list Of smell as arc impris-
oned by the order or authority Of the Presi-
dent, acting through the Depart
mcnt Of War. And In all cases where a
Grand JuTy, having attended any o.
said Courts, haTing Jurisdiction in the
premises, after the passage Of this act, aud
| after the furnishing Of said list, as aforesaid
las terminated 1t session without finding an
indictment, or presentiment, or other pro
cerdiug against any such person, 1t shall be
tie duty Of the judge Of eaid court forthwith
to make an order that any such prisoner dcslr
| brought before him to be- discharged; ami
| every officer Of the United States having Gus
| tody of such prisoner is hereby directed i'm
mediatelJ to obey md execute said judges
| order; and in case he shall delay or refuse sc
to do he shall be subject to Indictment for .
not less than five hundred dollars and impris
onment in the common jul for period no
less than six months, in the discretion of til.
| court: Provided, however, that no person
| shall be discharged By virtue Of the provisions
| Of this act until after he or she shall hay.
taken an oath Of allegianceto the Government
Of the United States, and to supper
the Constitution thereof, and that hc or sl'
Will not hereafter, In any way, encourage O.
| give aid md comfort to the present rebellion
or the supporters thereof And provided
also, That the judge or court before whom
| 1ct, l.. Lor,
ing him or her from imprisonment, shall haV'
power, on examination Of the case, and,
public safety shall require it, shall be required
to cause him or her to enter into rccogni
zance, with or without surety, in sum to b.
fixed By said Judge or court, to keep thu
United States and its citizens, and from TIM
to time, and at such times as such Judge O
| court may direct, appear before such Judge 0
court to be further dealt with, according t.
Law, as the circumstances may require Ant
Il aha 6 es the The d4ty o IT, District At
tend euch examination before the Judge
Sec. 3. Ind be i further enacfed, That il
case any Of such prisoners shall be under In
dictmeEt or presentment for any odens
against the laws Of the United States
ansao and hy existing Il laws baa or
pearanee for TRIAL Of such person, 1t shall b
the duty Of said judge, at once to discharsg
such person upon bail or recogn'-.,oct fo
trial as aforesaid. And in ces,c fhc s,;d scr
| rc!ariee Of state ana MSs shall l9r any rcaso
| refuse OF o1h4. .ue sn.u list d. per
sons held as prisoners as aforesaid Mt the tim
Of the passage Of this act within twenty day
thereafter, and Of such persons as hcreafte
may be arrested within twenty days from til
time Of the arrest, any citizen may, after
grand jury shal have terminated its sessio
without finding IN indictment Or prcsentmer
as provided In the second section Of this ac
by petition alleging the facts aforesai
tonching any Of the persons SO as aforesaid In
Erisoned, supported By the oath Of such pet
toner or any other credible person, obtal
and be entitled to have the said Judges orde
to discharge such prisoner on the same term
and conditions prescribed III the second 6ct
ton Of this act Provided, however, that th
said Judge shall be satisfied such allegation
arc true.
| See. !. Ind Be il further enacted, That an
order Of the President or under liis authorit,
made at any time during the existence Of ii
present rebellion, shall be a defence In a
courts to any action or prosecution, civil {
| criminal pending or to be commenced, for Al
search, seizure, arrest or imprisonment mad
done or committed, or acts omitted to
done, under and by virtue Of such order, {
under color II any law Of Congress; and sNt
| defence may be made by special plea or und
| the general ISSUE
Sec. S. Ind BE- it further enacted, That If At
j suit or prosecution, civil OF criminal, has bct
or shal} be commcuccd in anY State con
against any officer, civil or military, or again
any other person. for any arrest or impriso
1nsnt made or other trespasscs OF wron,
done or committed, or any act omitted to
done, nt any time during the present rebellio
:. by virtue or under color Of any authority d
President Of the United States, or at
net of Congress, and the defendant sha
: at the time Of entering his appearance In SUI
court, or II such appearance shall have bet
| entered before the passage Of this act, TIL
Mt the next session Of the court in which SUI
snit or nrosecutiun is pcudiur, file rctitio
stating tic facts and verified by affidavit, t
| the removal Of the cause for trial at the ne
Circuit Court OF the United States to be hol
en- in tho district where the suit il pendln
3 | filing III such court, on the first day of
I session, co1ic. of such PROCESS and other pl
cecding against him, md also for his appe:
, ing in such court and entering special bail
I | the cnusc- # enecia1 bail was originally !
nnircd therein. It shall then be the duty Of t
: m fnrthrT in thc cause ar prosecution: a
| tbe ha;i th,t shall hare becn oT;c;na1lv fax
ern11 10 5;sn,,,rrn5 And sr,ch con;cs hc;
$ f3jcd as a1orcsaid in euch court of the Unit
2 States the cause shall proceed therein in t
samc manner az II It had been broucht in s;
| court pY Original process. WIlAlESCf may
= the amount in dispute or the damages claim
or whatever the citizenship Of the parties, 4
former law 10 thc contrary notwithstandi'
! And auy attachment of the goods or estate
the defendant by the original process shall III
Is the goods or estate So attached to ans7
n the final Judgment in the sumo manner as
r tic laws Of such State they would have be
n holden to auswe. final Judgment, had 1t be
rendered in the court In Which the suit
l. n-nsccntton was cnn,menccd And II sholl
J. fnWfni in my a,,ch ort;nn nr 1rosccntion vii