Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-09-19

WAR DEPARTMKNr. II
Prorost Marshal Generals Office,

CIRCULAR No ss.-The Secretary Of War or.
drrs that the following Act Of Congress, and
Proclamation Of the President, based upon the
same, b.. published for the information OF all
concerned, and that the special Instructions
hereinafter contained for persons in the mill
tary service OF the United States, be strictly
observed: -a..
AN ACT RELATING TO HABsAs CORPUS, AED
REGULATING JUDICIAL PROCEEDINGS IN GER
TAIN CASES. Approved MarcA ), 1868.
Be 1t enacted by the SENATE and House Of Repre-
scH'atires Of the GATED States Of Amsrica in Con-
crcxS assembled, That, during the present rebel.
lion, The President of the United States, when-
ever. III his judgment. the public safety may
require il, is authorized to pend the privilege
OF the wit OF habeas corpus in any case through
out the Tnited States, or any part thereof And
" h.neyer and wherever the said privilege
shall no suspended as aforesaid, no military or
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; bat upon thu GER
tficnte, under oath, OF the officer ha wing 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 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-
tinne.
BY THE PRESIDENT OF THE UNITED sTATEs-A
PROCLAMATION.
WHEREAS the Constitution of the United
States has ordained that the privilege OF the
Writ o: Haheas Corpus shall not he suspended
unless W hen in cases Of rebellion or Invasion
the public safety may require it; and whereas
rebellion was existing on the 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 Seuat, and
House of RPpreseE tativFs of the United States
in Cor grPss assembled that during the present
instruction the Pres Ident of the United States,
whenever in has Judgment the public safety
may require. is authorized to suspend the priv
ilega OF the Writ of HaheaS 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 suspend
I'd throughout the United States in tina cases
where, ny the authority of the President OF the
United States. military, naval, and eli officers
o! the United States. or any OF them, hold per-
sons under their command or in their custody
either as prisoners OF war. spies, or aderS or
III ettors of the enemy, or officers, soldiers,
seamen enrolled, drafted or mustered or en-
listed in or belonging to the land or naval
forces of the United States, or as deserters
thf refrom, or otherwise anenable to military
law or the Rules and Articles of War, or the
rules or regulations pres or! bed for the military
or naval services by authority of the President
CT the United States, or for resisting draft, or
for any other offence against the military Or
naval service:
Now, thereto ], ABRAHAM LINCOLN, Pres
ident of the United States, do hereby proclaim
and make known TO all whom il may concern.
that the privilege OF the Writ of UabFas Germs
is suspended throughout the United States in
the several cases before mentioned, and that
this suspension will continue throughout the
duration OF the said rebellion, until this
proclamation shall, by subsequent one to be
issued by the President OF the IJn'trd States. be
modified or revoked. And do har-bv require
all magistrates, attorneys, and other civil Of
fl eTs within the United States, and all officers
and others in the military and naval services of
the tnited STATES, 10 take distinct notice of this
uspensiun, and 10 give il full effect. and all
Citizens of the United 81: ties to conduct and
Zinc Il nd
1oruIty with the Constitution of the United
States and the laws OF Congress in such cases
made and provided.
In testimony whereof. / have herpunto set
my hand and cause the seal OF the Uni
ted States ~ be affis ed, this fifteenth day
IL. 81 CT September, in the year of our Lord
thousand eight hundred and sixty.
three and ofthe independence Of the Uni
ted States OF America the eighty-eighth.
ABRAHAM LINCOLN.
BY The President:
WILLIAM il. 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
l3th day CT September, lef3 by which the priv
llese OF the writ OF hnbeds corpus is suspended.
If, therefore. a writ OF h1beGs corpus should IN
violation of the aforesaid Proc lamation, be sued
out and served upon any officer in the military
service OF the United States, commanding him
to produce before any court nudge, any per-
son in his custody by authority of t he Presi-
drnt 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
max" known by his certificate, atsder oath, TO
WACmSocYer may iss ue or serve such writ of
haJeas corpus. that the person named in said
writ rs drtatRed yhim as prisoner uder author
ftg Of the President Of the United States
Such return having been made if any person
serving or attempting To serve such writ, either
10y the command of any court or indge, or 9TH
erWise 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 from the custody of such officer, or arrest
such officer, 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
JAMAs b. FRY, Provost Marshal General.