The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-06-03

Department Of War. And in all cases
where grand jury, iaving attended any
OF faid courts having jurisdiction in the pre-
misses, after he passsge OF this act, and ai.
ter The furnishing of said list as s'oresaid,
has terminated iis ssssiCr without fil ding
an Indictment. or presentinent, or other pro-
ceeding against any such person it shall be
the duty OF the judge VI said court IUTth-
With to make an order that any such Irs
oner desiring discharge from said imprison
Tent be brought before him to be dis harg
ed: and every ttiirer 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 de
lay UT reuse TO do so, he Shall be sui iect 10
indictment frr a mi>demeanoF, AID be pun
ished by q file OF not less than five hundred
dollars and impriSOT menl in The common
jail for period OF no, less than six months,
in the discretion OF the court; Provided how
ever, That no person stall be discharged By
virtue OF he provisions OF this act until al
ter he or she shall ave taken an oath o. al
legiance TO the government Of the Unlled
States, and to support the Constitution there
o.; and that he or she will not hereafter in
any way encourage or give aid and com ort
to The present rebellion, or the supporters
thereof: And provided. also, That the judge
or court heUre whom such person may be
brought, before diSchargng him or ter from
imprisonment, sbafl have power, On cXamin
auon Of the case, and, if the public sa e'y
shall require il, ell lie required to cause
him or her 10 en- er into recognizance, with
or without snreiy, in sum to be fixed BY
sad Judge or court, to keep the peace and be
OF good behavior toward the United States
and its citizens and from time 10 time, and
at such times as such judge or court may dir
rect, appear before said judge or court to be
iurther dealt with according TO law, as The
circumstances may require. And it shall be
the duty OF the district attorney OF the Uni
ted States TO attend such examination be,
lore The Judge
SEC 3. And be it further enacted, That
in case any OF such prisoners shall he under
Indictment or 2IeserImrnt Of any oitel Sc a.
gainSt the laws OF the Ur tied States, and by
existing laws hail or a recogrizance may be
isktn or tie appearance tor trial Of such
pers son, il shall be ne duty Of said judge at
once to discharge such person upon tail or
rtcogni2GnCe It for tlal as Aforesaid. And iE
case the said Secretaries Of Sac and War
shall for any reason Reuse or omit to iur
MS the said list o persons held as prisoners
a'oreFsd at he time Of the passage of this
tct, within twenty days thcrea ter, and o.
such e sons as hereafter may tie arrested,
" itiln twenty days rom Tie time Of the ar.
rest, any citizen mai, after a grand jury
shall hsve terminated its session without
finAinCr n ipyt inf Op anti ppt nS
provided in The Secunl sec ion OF his act,
by a petition alleging the facts aforesaid
touching any OF the persons so as Aforesaid
III npri. ored, SUI r'td by the oath OF such
petitioner or any other c'edible person, OBJ
tain ana be entitled to have the said judges
order to discharge such priSoner On the same
terms and conditions prescribed IN the sec
ond section Of this &C : Provided, however,
That the said judge shall he satIsfed such
allegations are true
The reader can easily educe ron these
provis OBS the law the question raised by
the arrest OF Gen. Burnside, They will per
ceive that procee iingi under the writ Of hG.
dsGS corpus are be suspended by the conrs
whsneyer and wherever the privilege OF this
writ has besn suspended by tbs President,
I,j,,o T,o,i,, IN raG, i'm, - ,,.,,,, ,h, rr;,
enod ont i, II hal, nf Nr vii, ,,1;gha., -.
ted he had no SO n the a tornev 0, MIR. Val
landigham, stated that lie hal rot seen this
law, which was cited in court by Mr.. Pugh,
the attorney o Mr. Vallandigham We in
fer from this act that Judge Leavitt does not
d EN- it rocesSqry to have q knowledge Of
,he laws W, ;ch ii,s bis swo,n dn,v to all
ministar o,th,tt ii. ,neans ~ nrocnrin'r IN
formation under This had are mare limited
,tLop tto.a nosscssed Ia, I,,mep Uho reoa
,ha ;on,,olt wbich ara ontho,;z al 10 n,hl; h
,bo - of,b, n = offi ,iaIIr or yb, nos
.os.o ,,fnciani ;,tsre,t in .uch ,n,ltars to
rrrohosa Tho voIp,na nri,tel nv tha a,oi,pnt
nnhli.ha,s Mnssre Iilt,e e. R,oyvn of Kos.
,1sdsr he ou,hn,itv NJ tInngraes III. i,no
rsTca III Tba laws NAV. he his hest ex,,,,n f,r
NOT do;,e his du,v nnder tbam
And when JHdos Of the r. 8, is irno
rant NJ tho Ia,y,si,t,1, of C,ngrasa on ?his
head surely Gen, Burnside m1v he sx,nsnd
far m knnwinYy that C,rgrss. by the acs Al
.Iply II 1850 ha,, exny, ssIv nrov,aed sor
,Ie t,ui hy the conrIs q the otf.nse ho al
lnpey oyoins, Mr. Valland,p Mar il il
anv answer n say as tien burnside urge. ! u
his s.a,ement made 10 the Judge. that we
neina s,ate Of civil war and an emergency
is upon us which REQUIRES the operations O
somc mover hat mnves mo~o nn;cklv Than
The civil, for il was nrec;seIy in view Of such
an tmoroencv, that Cougres, pessed the acf
nj lo,t JnIv II alre,dv cItei ami il was N
avclI4a the nos.ibility n. the arbitrary 1eten
I,nn ~ mars ms bpld as nrisoners of the q
=, by order or authority of the President o,
the u. s. as state or political prisoners, on
o,harwise than as nrisuners Of war ,ha,
Congress passed the act approved on the 81
al March last and ths sections of which So
far 40 thew relate to his case, we have reci
ted sbove The intervention a court mar
tial ;IIegallv charged with the trial of cit,
zen, does OF alter the nature OF the iBpris