Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-09-23
OF FLO IAL.
WAR DEPARrHENr,
Provost Marshal Generals Office,

CIRCULAR No S5-The Secretary of War Or
ders that the following Act of Congress, and
same, be published for the Information of all
concerned, and that the special instructisns
hereinafter contained for persons in the mill
tary service of the United States, be strictly
observed:
AN ACT RELATING TO HABEAs CORPUS, AND
REGULATING JUDICIAL PROCEEDINGS IN GER
TAIN CASES. Approved March 3, 1868.
Be IL enacted by the Senate and House OF Repre-
sentatirss Of the United States of America in Con-
gress assembled, That, during the present rebel
lion, the President OF the United States, when
ever, In his Judgment, the public safety may
require it, is authorized TO pend the privilege
OF the writ of habaas corpus in any case through.
ont the United STATES, or any part thereof. And
whenever and wherever the said privilege
other officer shall be compelled, in answer to
any writ OF habeas corpus, to return the body
of any person or persons detained by him by
authority of the President; but upon the GER
tificate under oath, of the officer ha wing charge
OF any one SO detained that such person is
detained by him az prisoner under authority
OF the President, further proceedings under the
writ of haheas corpus shall be suspended by
the Judge or court having issued the said writ
so long as said suspension by the President
shall remain in force and said rebellion con.
tipue.
By THE PRESIDENT OF THE UNITED sTATEs-A
PROCLAMATION.
WHEREAS the Constitution of the United
States has ordained that the privilege OF the
Writ OF Habeas Corpus shall no. ha suspended
unless when in cases of rebeiiis>.. or invasion
the public safety may reQui-" u. and whereas
rebellion was existing on he third day of
March. 1863, which rebellion is still existing
and whereas by statute which was approved
on that day it was enacted by the Senate and
House Of Representatives of the United States
in Congress assembled that during the present
instruction the President of the United States,
whenever in his judgment the public safety
may require, is authorized to suspend the priv
ilege OF the Writ of 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 suspend
ed throughout the United States in the cases
where, by the authority of the President OF the
United States, military, naval, and ci vii officers
OF tn, United States, or any of them, hold per-
-9ns 1nder their command or In their custody
as prisoners OF war, spies, or aidersaor
abettors OF the enemy, or officers, soldiers, or
seamen enrolled. drafted or mustered or en-
listed i'll or belonging to the land or naval
forces of the United States, or as deserters
therefron, or otherwise amenable to military
law or the Rules and Articles of War, or the
rules or regulations prescribed for the military
or naval services by authority of the President
Of the United States, or for resisting a draft, or
for any other offence against the military Jr
naval service:
Now, therefore, /, ABRAHAM LINCOLN Pres
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 Corpus
suspended throughout the United States in
the several cases before mentioned, and that
this suspension will continue throughout the
duration of the said rebellion, or until this
proclamation shall, by subsequent one to be
issued by the President of the United States, be
modified or revoked And do hereby req uire
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 il full effect, and all
citizens of the United States to conduct and
govern. themselves accordingly and in con-
foTmty with the Constitution of the limited
States and the laws OF Congress In such cases
made and provided.
In testimony whereof, 1 have hereunto set
my hand and caused the seal of the Uni
ted States to be affixed, this fifteenth day
Il. e. OF September, III the year of our Lord
one thousand eight hundred and sixty
three. and of the independence of the Uni
ted States OF America the eighty eighth
ABRAHAM LINCOLN,
BY the 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 habeas corpus is suspended
II, therefore, a writ of hobeaS corpus should, in
violation of the aforesaid Proclamation, be sued
out and served upon any Off Ger in the military
service OF the United States, commanding him
to produce before any court or Judge, any per-
son III 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, it shall be the duty of such officer to
make known by his certificate, under oath, to
Whomsoeyer may issue or serve such writ of
hGbeGs corpus, that the person named in said
writ SIS detained byhim prisoner under author
ity Of the President Of the United States"
Such return having been made if any person
serving or attempting to serve such writ, either
by the command of any court or Judge, or 9TH
erWlse. and with or without process of law,
shall attempt to arrest the officer making such
return and holding in custody such person, the
said officer is hereby commanded to refuse SUBJ
mission and obedience to such arrest, and if
there should be any attempt to take such per-
son nom the custody Of such officer, or arrest
such oncer, he shall resist such attempt, cal
ling to his aid any force that may be necessary
to maintain the authority Of the United States
and render such resistance effectual
JAAAs h. Fry, Provost Marshal General.