Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-25

INonStlJuuOn OF the united states anu me laws
OF Congress in such cases made aud provided.
III testimony whereof have hereunto set
my hand and caused the seal OF the United
States to be affixed, this fifteenth day OF Sep
tember in the year Of our Lord one thousand
eight hundred and sixty-three, and Of the in.
dependence Of the United States OF America
the eighiyeigth
! "ABRAHAM LINCOLN.
by the President
"WM u. SEWARD, SecretoFy of State"
This document contains no declaration of
martial law, does not establish court martial
or military commissions, and prescribes no
crimes not already known to the laws "Dis-
loyal practices and "disloyal persons" are
ignored in it. It is directed against prison
ers Of war, spies, aiders and abetters OF the
enemy, officers, soldiers and seamcn enrolled,
drafted or mustered aad enlisted in or belong
ing to the land or naval forces, or deserters
thereirom, or persons resisting draft under
the laws of the United States. 1t suspends
the writ of habeas corpus in regard to all
such persons whether held ly military or civil
authority But goes no further
As we have stated already this proclama-
tion is Issued by the President under the law
Of last March, and not by virtue Of his own
powers and his action will accordidgly be
regulated by that law. He suspends the writ
under that act an every person arrested is
entitled to the benefit Of its provisions Let
us examine:
The first section confers the power upon the
President to suspend the writ in any case or
part Of the United States whenever in his
Judgment he thinks the public safety may re-
quire it, And when the writ is so suspended,
the officer holding prisoner will simply an
swer to the court that he holds him by the
authority of the President.
Section second requires the Secretary of
State and Secretary of War to furnish to the
Judges of the circuit and district court of the
United States the names OF all State or politi-
cal prisoners aud in all cases where grand
Jury, having attended any of said courts hav
ing jurisdiction, has adjourned without finding
an indictment against such persons, the judge
is bound forthwith to make an order dscharg-
ing such person from Imprisonment, and every
officer holding any such person, under heavy
penalties Of fne and Imprisonment, is required
to obey the order of the court releasing him.
Section third, provides for bail for all per-
sons who may be indicted and further de-
clares that if the Secretary Of War or of State
fails to furnish the list oil prisoners held under
their order or the Presidents, within twenty
days after arrest made, then any citizen may
petition the circuit or district court for his
release, after the grand jury has failed to find
bill, and the prisoner shall be discharged by
order of the court,
Upon application to the court to be dis.
charged the prisoner will be required to take
an "oath OF allegiance to the Government Of
the United States, ard to Supportthe ConsH
tuition thereof" and swear that he will moi
hereafter aid or comfort those now in rebel
lion. he court may in certain cases require
8 him also to enter into bond to keep the
peace.
When, there fore, any military officer, IL
violation of the laws Of the land seizes upon
a person not in the military or naval service
of the United States, he cannot hold him long
The next term of the circuit or district cour
of the United States brings around the houl
of his reease-unless he is really a criminal
when he will be indicted by a grand jury o
his fellow-citizens, but released on bail Tha
by court martial or military commission, in
dictmentby Specification and charges draw
up by some "peeping Tom" and the court o
shoulderstraps have all disappeared so far a
! the civilian is concerned. Whoever isarrest
| ed must be speedily released or handed owe
D to the civil authorities to be dealt with ac
cording TO the laws Of the land. Unknown
puniskments, inflicted by the caprice ofinsolen
commanding generals, have give way to th
penalties inflicted by the laws Of the land.
Such are the results of our victories last fall
One year ago to-day general gloom wa
e spread over the whole country by reason G
e the infamous attempt upon the part of tn
: President of our country to subvert the libel
i ties Of the people. Butthe Democracy OF tn
State of New York and Of the West, rallie
} to the sound Of the patriots voice; and to-day
although the same designs exist in the be
s som of our Chief Magistrate, we stand partia
e ly protected by the safeguards which we hav
8 extracted from our enemies, We are not mo-
= lthreateued with martial law aud all its teri
!. BILE tyrannies The day for that bas gone b.
/ We have re-established grand juries, petit j.
ID res and the civil courts But there is grea
" nL l;....