Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-06-06

names of all persons, citizens of States in
which the administration Of the laws has
continued unmpaired ia the said Fed |
eral courts, who are now, or may here
after be, held as prisoners of tue United !
States, or by order or authority of the !
President oil the United States, or either
of said Secretaries, in any fort, arsenal, or
other place, as state or political prisoners,
or otherwise than as prisoners of war
the said list 10 contain the names oil all
those who reside in the respective jursdc-
tons cl SAID Judges, or who may be
deemed by the said necretarics, or either
OF them, 10 have violated any law Of the
United States in any ol said jursdicto
and also the date of each arrest, the Sec
retary Of State, to furnish u list of such
persons as are imprisoned by the order or
authority of the President, act ing 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 cases where grand jury, hav-
ing attended any of said courts having ju
rl,d, ction Ill the premises, after the pass
age of this act, and after the furnishing
Of said list as aforesaid, has terminated its
session without finding an indictment, or
prcscntmcnt, or other proceeding against
any such person, il shall be the duty Of
the judg Of said caurt forthwith to make
all order that any such prisoner desiring a
discharge from said Imprisonment be
brought before him to be discharged; and
every officer of the United States having
custody of such prisoners hereby directed
mmcdiatel y to obey aud execute said
udgc's order: aud in case he shall delay
or refuse SO to do, he shall be subject to
iudicsmcnt for misdemeanor, and be pun
ihcd by Guc of not lcrs than five hun
dred dollars and Imprisonment in the
county jail for period of not less than
six months in the discretion Of the court
Provided, however, that no person shall
be discharged by virtue OF the prov isions
Of this act until after he or she shall have
taken the oath Of allegiance TO the Govern
mcnt Of the United states, and to support
the Constitution thereof; aud that he or
she will not hereafter in any way cncour-
a.r or give aid and comfort to the present
reucliou, or the supporters thereof: And
provided also, That the judge or court
before whom such person may DC brought,
bct,fe discharging him or her from im-
prisouneut, shall have power, on cxami-
nat on Of the case, and, if the public
safety shall require it, shall be repaired to
, cause him or her to enter into rccoguizancc
with or without surety, in a sum to be
fixed by the said judge or court, to keep
the peace and be Of good behavior to
ward the United States and its citizens,
and from time TO time, aud al such times
us such Judge or court may direct, appear
before such judge or court 10 be farther
dealt With according to law, as the circum-
stances may reqaire. And it shall be the
duty Of the district attorney Of the United
States to attend such examination before
the judge
t SEC. B Aad be il further cnocte7, That
, in case any oi such prisoners shall be un-
! der Indictment or prcscntm mt for any
offence against the laws Of the United
t States, and by existing laws bail or re-
coguzancc may be taken for the appear
, ance for trial Of such person, it shall be
9 the duty Of said Judge a once to discharge
such person upou bail or recognizancc for
trial as aforesaid. And in case the said
Secretaries of State and War shall for
any reason refuse or omit to furnish the
said list Of persons held as prisoners afore-
said at the me of the passage OF this act
withia twenty days thereafter and Of such
persons as may hereafter be arrested,
l within twenty days from the time OF the
, arrest, any citizen may, after grand jury
shall have Terminated its session without
finding an indictment or presenlmont, as
= provided in the second section of this act
by petition alleging the facts as af,rc-
said touching any of the persons so as
t aforesaid imprisoned, supported by the
s oath Of such petitioner or any other credi
bic person, obtain and b entitled to have
the said Judges order TO discharge such
prisoner on the same terms and conditions
prescril cd in the second section Of this
= act: Provided, however, That the said
Judge shall be satisfied that such allcga-
lions are true.
, The reader can easily educo from these
= provisions the law Of the question raised
:, by the arrest of Gen. Burnside, They
will perceive that the proceedings under
the writ of haLtGS cOIPUS are 10 be suspen-
dcd by the court whenever and wherever
f the privileges OF this writ has been sus-
Y pended by the President, which is not the
: case in the State of Ohio. Judge Leavit,
in refusing to grant the writ sued out in
I behalf Of Mr.. Vallaudigham, 'tated that
= he had not seen the law which was cited
r in court by Mr.. Pugh, the attorney of Mr..
s Vallandigham. We infer from this fact
t that Judge Leavitt does not deem it neces-
sary to have knowledge Of laws which
. it is his sworn duty 10 administer, or that
1t his means of procu ing information under
IS this head are more limited than those pos
d scsscd by laymen who read the journals