Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-09-22
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CTsCuLAH No. es.-rhe Secretary Of War Or.
dsrs that the following Ass Of Cescrsas, az
PYeeenshsS q tas Presdsnt, based upon kAe
same. be published for tbs information Of All
con sernsd, and that the spcctal tnsrue tisns
hereinafter contained for persons In zoe nil
ery esrvfcs Of the United States, - strictly
Observed:
Az ACT RALA9IHs TO EARRAs ooaPus. AID
EssUbAfIEs JUDICIAL PROCEEDINGS IN ORR
TAIN cAsSe. Approved March 3, 1884.
IL Il susstsd b. ne Senate nd Hea,e Of Rs,re-
seatstses ef Tie Cnited States Of Ansrisa IN Cen.
fss sssesns !sd, That during the present rsbei.
Hon, ihs Persistent Of the United States, when.
ever In his Judgment the public safety may
require IT, is authorized to pend the priyile ne
OF the Wit OF AaSe a corpus in any case through
ont the .ni'sa States, or any part rhereof. And
Whenever and wherever she said privilege
shall be suspended ss aforesaid, no mill tary or
other osicer shall DO com PEELED, in answer 10
any writ OF habsAs corpus, to return the body
Of any person er persons detained by him by
authority OF the President bat anon the Ger .
tfease, under oath, OF the otf,csr having charge
Of any one 60 detained That such person Il
Of the President, further proceedings under me
wit OF haheas eorpus shall be suspended hy
the judge or court having Zee uea the said writ
80 long as said sRspen.ion BY the President
.hall remain in force and said rebellion con-
hnus.
ny TIN PKIsibBHT OF THB UEIfkp 81 AYHs-A
PROCLAMATION.
WEFfEAs the CoHsii Gution Of ne United
StSteo 1sc oI0alIe0 H}Al ne privilege OF the
W nit Of Habeas Corpus shall not DO suspended
nnlsee hen in Gases OF rebellion or in weston
the public safety may require it; and whereas
bslion was existing on The third day OF
hareh, 1869, which rebellion h still existing;
and whereas by q etatnte which was sppro yed
on that day 1t was enacted by the Senate and
Houee OF Repreeen tatives of the United States
IN Congress assembled that during the present
lnsurreetlon the President OF the United States
whenever in his judgment the public safety
may require, Is authorized to suspend the priv
iiess OF the Writof Habeas Corpus in any case
throughout the United States or any part there
OF; and whereas in the judgment Of the Presi-
dent the public safety does require that the
privilege OF the said writ shall now be pend
sd throughout the United States In the ee.es
where, by the authority OF the President OF the
United States, military, naval, and civil officers
OF the United States, or any Of them, hold per-
sons under their command or in their custody
slther Is prisoner rs Of war, spies, or Riders or
absttors of the enemy, or officers, soldiers, or
seamen enrolled, drafted or mustered or en-
listed IN or belonging to The land or naval
forces of the United States, or as desersars
therefron, or other Wise amenable TO military
law or the Rules and Articles OF War, or the
rules or regulations pres eribsd for the military
or naval services ny authority Of the President
Of the United States or for resisting a draft, or
Tor any other offence against tho military u
naval service:
Now, therefore, I, ABRAHAM LIEcoLE. Pros
ident Of the United States, do eby proclaim
and make known TO all whom IL may concern
that the privilege of the Writ Of Habeas Cerpns
Is suspended throughout the United STATES in
the several cases before mentioned and thai
this suspension will continue throughout the
duration of the said rebellion, or until this
proclamation shall, by q subsequent one to be
issued by the President OF the United States be
modified or revoked And do hereby require
all magistrates, attorneys, and other civil Of
fCers within the United States, and all officers
and others in the military and naval services OF
the United States, to take distinct notice of this
suspension. and TO give it full effect, and all
citizens OF the United St ties TO conduct and
govern themselves accordingly and in con-
formity with the Constitution Of the United
States and the laws OF Congress In such cases
made and provided.
In testimony whereof, / have hereunto set
my hand and caused the seal OF the Uni
ted States to be affixed, thi. fifteenth day
L. .. or September, in the year of our Lord
one thousand eight hundred and sixty
three, and ofthe independence of the Uni
ted States OF America the eighty eighth.
BY he President:
WILLIAM II. SEWARD, Secretary of State.
The attention Of every officer in the military
service OF the United States is called TO the
above Proclamation Of the President issued on
18th day OF September, 1863, by which the priv
ilege OF the writ Of hdbeas corpus is suspended
II, therefore, writ of habeos corpus should, in
violation of the aforesaid Proclamation, be sued
out and served upon any officer in the military
service OF the United States, commanding him
to produce before any court or Judge, any per-
son in his custody by authority Of he Presi-
dent OF the United States, belonging to any one
OF the classes specified in the Presidents Proc
lamation, 1t shall be the duty of such officer to
make known by his certificate, under oath, to
whomsoevsr may issue or serve such writ of
hobeas corpus. that the person named in said
writes detained by him prisoner snder avthor-
sty Of the Presldent Of the United States"
Sueh return having been made if any person
ser wing or attempting TO serve such writ, either
by the command of any court or Judge, or 9TH
sTwise, and with OF without process of law,
shall attempt 70 arrest the oficer making such
return and holding In custody such person. the
said officer il hereby commanded TO refuse sub
mission and obsdiencs 70 such arrest, and If
there should be any attempt 70 take such per-
son from the custody OF such oficer, or arrest
such officsr, he shall resist such ATTEMPT cal
ling TO his aid any force that may b necessary
to maintain the authority of the United States
and render such resistance efYectuAl.
JAAAs B. FRY, Pr vost Marsha General