Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-09-18
o. Flo IAL.
Prorost MdrskaJ Generals Office,
u. c., September Is, 1851,

WdshinoteW, %. c.. September Is, 1853 :
C1nCULAR No ts-Tne secretary OF War or.
ders that the following Act of Congress, and
Proclamation Of The President, based upon the
same, be published for the information Of alt
concerned, and that the special instructions
hereinafter contained Tor persons in the mill
observed
AN ACT RELATING TO HABEAs CORPUS, AND
REGULATING JUDICIAL PEoCEEDINGs IN CER.
TAIN CASES. Approved March ), 1863.
Be ii enacted by tie Senate and House of Repre-
seRtdtireS 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 habeas corpus in any case through
out the United States, or any part thereof. And
whenever and wherever the said privilege
shall be 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; but upon the Ger !.
tificate, under oath, of the officer having charge
Of any one so detained that such person is
detained by him as a prisoner under authority
of the President, further proceedings under the
writ of habeas 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.
tinue.
EY THE PRECEDENT 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 not be suspended
unless when in cases of rebellion or invasion
the public safety may require it; and whereas
a 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 Senate and
House Of Repres ent atives of the United States
i'll Congress az sembled that during the present
instruction the President of the United States,
whenever in his judgment the public safety
authorized q
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 be suspend
ed throughout the United States in the cases
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
either as prisoners of war, spies, or aiders or
abettors of the enemy, or officers, soldiers, 0:
seamen enrolled. drafted or mustered or
listed in or belonging to the land or naval
forces of the United States, or as describes
therefron, or otherwise amenable to military
law or the Rules and Articles of War, or she
rules or regulations prescribed for the military
or naval services by authority of the President
of the United States, or for resisting 4 draft, or
for any other offence against the military or
naval service:
Now, therefore, /, ABRAHAM LINCOLN, Pres
ident of the United States do hereby proclaim
and make known TO all whom ii may concern,
1
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, or until this
proclamation shall, by a 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
ficers within the United States, and all officers
and others in the military and naval services OF
the United States, 10 take distinct notice of this
suspension and TO give it full effect, and all
citizens OF the United Stetes 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, l have hereunto SET
my hand and caused the seal of the Uni
ted States to be affix ed, this fifteenth day
L. 81 of September, in 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
iege OF the writ Of hdbeas corpus is suspended
II, therefore, writ of habeas 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-
fOh III LIS Custouy ny uutHOTlIf Oh he fTeSl.
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
habeds corpus. that the person named in said
writ is detained by him as prisoner under author
sty 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
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