Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1863-09-12
TPUBLIC-NO. 81.

TPUBL1c-NO 81.
An Act relating to Habcas Corpus, and reg
lating Judicial Proceedings in Certain
Cases.
Be ii enacted by tie Senate and House Of
Representatives. IF the United States of .im"r-
ira in Congress assembled. That, during
the present rebellion, the President of the
United States. whenever, in his Judgment.
the public safety may require it, is authorized
to suspend the writ "f habcas corpus in any
case throughout the United States, or any
part thereof And whenever and wherever
the said privilege shall be suspended, as afor-
said. no military or other officer. shall be COM
pelled, in answer to any writ of habcas cor
pus, to return the body of any person or per-
sons detained by him by authority Of the
President but upon the certificate, under
oath, of the officer having charge Of any one
so detained that such person is detained by
him as prisoner Under authority of the
President, further proceedings under the
writ of habcas corpus shall be suspended by
the Judge or court having issued the said
writ. so long as said suspension by the Presi-
dent shall remain in force, and said rebellion
continue.
Sec. 4. ina Oc ~ gunner c"ee''tU' A""'
the Secretary of State and the Secretary Of
War be. and they are hereby. directed. as
may be practicable, to furnish to the judges
of the circuit and district courts of the Uni
ted States and of the District of Columbia a
list of the names of all persons. citizens of
states in which the administration of the
laws has continued unimpaircd in the said
Federal courts, who arc now, or may hcreaf-
ter be, held as prisoners of the Unied States.
by order or authority Of the President of the
United States or either of said Secretaries,
in any fort, arsenal, or other place, as state
or political prisoners, or otherwise than rs
prisoners of war; the said list to contain
the names or Ill those who reside in the re-
spective Jurisdictions of said judges, or who
may be deemed by the said Secretaries, or
either of them, to have violated any law of
the United States in any of said jurisdic ions.
and also the date of each arrest; the Secre-
tarv of State to furnish list of such per-
sons as arc imprisoned by the order or au-
thority of the President, acting through the
State Department, and the Secretary Of War
list Of such as are imprisoned by the order
or authority of the President, acting through
the Department of War. And in all cases
where a grand jury, having attended any Of
said courts having jurisdiction in the premis-
es, after the passage Of this act. and after
the finishing Of said list. as aforesaid. has
terminated its session without finding an in
dictment or presentment, or other proceeding
against any such person. it shall be the duty
Of the Judge of said c,urt forthwith to make
an order that any such prisoner desiring a
discharge from said imprisonment be brought
before him to be discharged and every Off
Ger 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 delay or refuse to do so, he
shall be subject to indictment for q misdc-
meanor. and be punished by fine of not
less than five hundred dollars and imprison-
ment in the common Jail for period not less
than six months, in the discretion of the
court: Pr0rided, h0wcrcr, That no person
shall be discharged by virtue of the provisions
of this act until after he or she shall have
taken an oath Of allegiance to the Govern
ment Of the United States, and to support
the Constitution thereof; and that he or she
will not hereafter in any way encourage or
give aid and comfort to the present rebellion,
or the supporters thereof: And prorided also,
person may be brought, before discharging
him or her from imprisonment, shall have
power, on examination of the case. and, if
the public safety shall require it, shall be re-
qured to cause him or her to enter into rec
osnizance, with or without surety. in sum
to be fixed BY said judge or court, to keep
the peace and be of good behavior towards
the United States and its citizens, and from
time to time, and at such times as such judge
or count MAY direct annear before said indnc