The New York herald., 1863-03-03
THE HABEAs CORPUS ACT.

tain Cases.
BE ssactss ~ tie S.~ak e.si Hou .f Representative.
y A< Unstsd Stats Of America in conerss a,aemb,si
That during the present rebellion the President u The
United States uhensv in his judgment. the public safety
may require u, authorized 10 suspend the privilege Of
the writ OF habess corpus In any case throughout tho
United States, or any part thereof And whenever ana
wherever the said privilege shall bs suspended nore
said military or other ocer shall be compelled, IN
TO any writ u habeas corpus 70 return he body
The ~ PSosdent b but apon coraeass under oath The
officer having charge VI any detained that such
person s detained by him prisoner under authority
OF the President further proceedings under the writ of
habeas shall be suspended by the Judge court
having ssued the said writ long said suspension BY
the President shall remain N force and taid rebellion
Sec 2 Amd bs further enacted Tha, the Secretary II
sSd sno nv ~ 10 rn.n - *
Judges Of tho Circuit and Dstric Courts Of the United
States and Of the District Of Columbia list Of the names
Of ali the persons citizens Of States IN which tho admin
israon OF the laws has continued unmpaed IN the sAM
federal court who now or may hereafter be- held =
tho President OF the United states either OF said sscre
tares In fort arsenal or other place a. state or poll
tie sad ss 70 contain .hc nsss o an ahos Who rssiS.
in the respective Jurisdictions of said Judges who may
be deemed by this said Secretaries or either Of them 70
have violated any law Of the United States any OF said
jursdctious, and Also the date OF zach Arrcst-the
Secretary Of State 70 furnish list Of such persons
imprisoned by the order authority of the Pres
dent acting through the State Department and the Score
Ary Of War list Of such Imprisoned by tho order
authority Of the President acting through the Depart
msnt Of War And In oil where grand jury, hav.
ing attended Of said courts having Jurisdiction 10 the
premises after tho passage Of this act and after the fur
nishing OF said list Aforesaid has terminated It's
sion without finding Indictment or prcscniment or
other proceeding against any such person shall be the
duty OF tho Judge of said court forthwith 10 make an
order that any such prisoner desiring discharge rom
said imprisonment be brought before him 10 be dr.
charged; sod every officer Of the United states having
10 obey and execute said judges order and In he
shall delay or refuse 70 do he shall be subject to In
dictment misdemsanor and he punished BY nne Of
not less than Eve hundred dollars and imprisonment m
the common jail for period not less than six months,
that person shall be discharged by virtue Of pro-
visions Of this act until after he she shall have taksa
an oaiA Oh ol allegiance sns goyernmens % the snssa
he or she wal NOT hereafter In any way encourage or
give aid and comfort " tho presen, rebellion or the sup
porters thereof And provided also, That the Judge
court before whom such person may be brouRht before
dischsrgpg bin her from imprisonment shall have
power ON examination Of the case and, public safety
shall require g. shall be required 20 him her 10
onter into recogpizapce with without surety IN
% OF hs snd M
citizens and from time 70 time, and at such times A.
such Judge Or court may direct appear before said Judge
court to be further dealt WITH according 70 law,
the circumstances may require. And II shall be
the duty Of the District Attorney Of the United
states TO attend such examination before the Judge
Sec. 8. And b. nfuher enacted, That In any Of
such prisoners shall be under indictment
any offence agaDsl tho laws of the United States
by existing Laws bail rscognzance may be taken for
tho appearance for trial Of such person u shall be tho
duty OF said Judge NJ 20 discharge such
the said secrcacs Of State and War shall for any
refuse omit 10 furnish the SAID list Of persons held ~
act within twenty days thsrsssr, and
hereafter be arrested within twenty dsys from th0
sha have terminated IL session without hiding an n
dictment or presentment provided In the secsDd
on OF this act by petition alleging the facts Aforesaid
touching any OF the persons Aforesaid Imprisoned
supported by the oath OF such petitioner any other
credible person obtain and he entitled 70 have the said
judges order 70 discharge such prisoner tho
and conditions In she second of this
Provided however, That the said Judge shall be satisfied
such Al sgations arc true.
Sec T. And Ix 4 fytev esat.d That any ordsr Of the
Praatdent under his authority made any time dur
Ing the existence Of the present rebellion shall be de
fouca In all cours prosecution civil
criminal pending 70 be conrneDced for any search,
seizure arrest or imprisonment made done or commte
order under color u any law OF Congress and such
defence may be made by special plea under the general
issue.
sec o. And be furthcy esaced That n any or pro
sscution civil or criminal, has been or shall he com
msncea n,. IN any s,ae sonr. against any onlo"r'
for any arrest ~ imprisonment made or other
respssses wrongs done or committed, or any
act omitted 10 be done, Al any Time during
the present rebellion, by virtue under color Si
any authority derived from exercised by under the
President ~ the United states any Congress
the def ndant shall at the time of entering his appear
In such court such appearance sha have been
entered before The passage of this act then at the next
Of tho which such suit prosecution w
pending HE p.tton, stating the iacts and verified by
affidavit Tor tho removal Of tue tor trial ~ the next
ict whore the suit - pending, and orer good and sui
noent surety Tor hts Hing Ia such court, the hrst
day ~ s session coes Of such process ana other pro
ceedng asanst him and also for his appearing IN snch
court and entering special bail n the csuae, special bail
was originally required therein, II shall then be the
duty court a. accept the surety and pro
coed no further IN the prosscuiioD an tho
bail that sbai have been originally taken shall be
discharged. And, such cope. being Med Alors.
said such court O tns United Satar, the snail
proceed therein Ia the u " naf been
brought IN said court by original process whatever may
he Nq m tue
whatever the citizenship 81 the parties. FORMER aw
20 the contrary ~tsaaing And any attachment %
the 20 ~ 0f tho defendant by the sinal pro
shall hold tho good estate stacLef u
the final Judgment 10 he manner by the Laws q
such state they would haze been holden u DUAL
ludgment. had y been rendered - tho court n winch
the suit prosecution commenced. Ind i fhail
BE- awfui in any such action or prosecution whsh may
be now pending ~ h.rostor C mmenccd, beforo any
state court whatever, Tor any cads@ Aforesaid
alter final Judgment fr either party - rernnvc
and transfer by apreal, turh ease during the
sersicn ~ term ~ said court at which tie
shall have taken place, frcm such court T. tho
next circuit curt of the Unel states 10 be h.id 10
the district la which such appeal shall ~ taken,
ner Aforesaid. shall be- the duty e the Ieryon TAX
ing such appeal q produce and Ole % the sad circuit
atesisd copies a the process, proceednss ADD
Judgment such cause and !, shalt also be csnpetht
Tor either party within ss months after The rendon q
sment any such cause BY writ o error Or pthor
process the TO tho circuit Court u "a.
tinted states that district 10 which such judgment
shsl have rendered and thu cad circuit Curt shall
hetcupon proceed V Try and determine the facts and mo
such acton In the sane manner 40 the same had
been there originally coiDneiced, the Judsmept IN tueh
cfss Notwithstanding. And any ball which may have
been taken. property attached, eha b. holden ne
lnal Of the fad Circu Court saoh acton
the same no such removal and transfer had
beeu made Aforesaid Ana the STATE from which
any such action, civil criminal. may b. removed
ana transferred a. Aforesaid, upon the parties ss.
Ing good and sufficient r~cufity for the pfo~ecn.
tin thereof, shall allow the " be removed and
transferred and proceed no further N The case
however, that " tho party Aforesaid SHAH TAI dly "
the removal and transfer aiorenad n the tfcui
Court of the United -iacs aseeaby % NJ =, w as
court BY which judgment shs have been rendered nnd
from which the npd removal shall have been
made Aforesaid shall be Authorized, ~ no fof that
purte 40 er-cutoD. snf ~ carry hto ~Tect any
srch dgDcnt the a. - such feiHorAl and HaLs
ftr rad been made And pfdi AFRO that NJ such 40
toal ~ writ a shall 10 allowed W any criminal
acton or pra~eclu0n whore rna I4igDsnt shAil sAye
b rendered 10 ayDr ~ the defendant resfBdeut ~
the state court And IN any slit hereafter
the plaintiff y n0Bsuit@d iudsmeut pAss against him
tbe defendant shall recover doobie cttH
49, a. AndS fsrnsy erdc'af That any suit ~ pfose
rutp described 10 ihs Act ~ ~bicb hna Ilts sent nay
b. rfnaefea N the Drcut tuuft may b. carfei ~ wrt
n error 10 supreme Court, whatever rnay ~ tc