The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1863-06-12

oners, or otherwise than as prisoners of war
the said list to contain the names Of all those
who reside in the respective jurisdiction Of
said judges, or who may be deemed by the said
Secretaries, or either of them, to have violated
any law Of the United States in any of said iu
risdictions, and also the date Of each arrest
the Secretary Of State to furnish list of sucl
persons as are imprisoned by the order or au
thority of the President, acting through thC
State Department, and the Secretary of War {
list of such as are imprisoned by order or au
thority of the President, acting through the
Department of War. Aud in all cases where
grand jury, having attended any of said court.
having jurisdiction in the premises, after the
passage Of this act, and after the furnishing Of
said list as aforesaid, has terminated its ses
sion without finding an indictment, or present
ment, or other proceeding against any sucE
person, it shall be the duty Of the Judge o.
said court forthwith to make an order that any
such prisoner declaring discharge from said
imprisonment be brought before him to be dis.
charged; and every officer of the United States
having custody of such prisoner is hereby d.
reeted Immediately to obey and execute sale
Judges order; and in case he shall DELAY or re.
fuse so to do, he shall be subject to indictment
for a misdemeauor, and punished by fine Of
not less than FIVE hundred dollars and impris
onmeat in the common Jail for period of moi
less than six months in the discretion of the
court: Provided, however, that no person shall
be discharged by virtue of the provisions oil
this act until after he or she shall have taken
an oath of allegiance to the Government of the
United States, and to support the Constitute
thereof; and that he or she will rot hereafter
in any way encourage or piS5 aid and comfort
to the present fftioellion, or the supporters
'nerc".': And provided also, That the Judge OF
court PS,vre whom such person may be brought
before discharging him or her from imprisOn-
ment, shall have power on examination of the
case, and, if the public safety shall require it,
shall be required to cause him or her to enter
into recognizance, with or without surety, in a
sum to be fixed by said judge or court, to keep
the peace and be of good behavior toward the
United States and it citizens, and from time to
time, and at such times as such Judge or court
to be further dealt with according to law as
the circumstances may require. And it shall
be the duty of the district attorney OF the Uni
ted States to attend such examination before
the judge.
SEC. 3. And be it further enacted, That in
case any of such prisoners shall be under in
llctment or presenlment for any ofensc against
the laws of the United States, and by existing
laws bail or a recognizance may be taken for
the appearance for trial of such person, it shall
Oe the duty of said judge at once to discharge
such person upon bail or reCOgnizance for trial
rs 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 aforesaid at the time of the passage
Of this act, within twenty days thereafter, and
Of such persons as hereafter may be arrested
within twenty days from the time of the arrest
my citizen may, after grand jury shall have
its session without finding an in
ilcm0nt or prGsentment, of provide in the
second section of this act, by q petition alleg.
ing the facts aforesaid touching any of the per-
sons so as aforesaid imprisoned, supported by
he oath OF such petitioner or any other credi-
Die person, obtain and be entitled to have the
'aid Judges order to discharge such prisoner
IN the Same terms and conditions prescribed
n the second section Of this act Provided,
however, That the said judge shall be satisfied
such allegations are true.
The readers can easily educe from these
provisions the law of the question raised
BY the arrest of Gen. Burnside. They
will perceive that proceedings under the
writ of habeaS corpus are to be suspend
I'd the courts whenever and wherever the
privilege of this writ has been SUSPENDED
BY the President, which is not the case
n the State of Ohio. Judge Leavitt, in
to grant the writ sued out in he.
half of Mr.. Valandigham, stated that he
laG not seen this law, which was cited in
Court by Mr.. Pugh, the attorney of Mr..
Vallandigham. We infer from this fact
hat Judge Leavitt does not deem it nec-
,ssary to have knowledge of the laws
which it is his sworn duty to administer,
'r that his means of producing informa.
ion under this head are more limited
han those possessed by laymen who read
he journals which are authorized to pub.
ished the laws Of the United States Off
tally, or who possess sufficient interest
II such matters to purchase the volume
'rinted by the well.known publishers,
Iessrs. Little and Brown, of Boston,
Indcr the authority of Congress. His
ignorance of the laws may be his best
xcuse for not doing his duty under
hem.
And when judge of the United States
ignorant of the legislation of Congress
q this head, surely Gen. Burnside may
c excused fornot knowing that Congress
y the act of July II, 1869. had express
provided for the trial by the courts of
he otfense he alleges against Mr.. Val
andigham. Nor is it any answer to say,
S Gen. Burnside urges in his statement
nade to the Judge, that eve are in a
tate ofciVil war, and an emergency is
pom us which requires the operations of
ONE power that moves more quickly than
he civil" for it was precisely in view of
nch an emergency that Congress passed
he act of last July II, already cited, and
t was to exclude the possibility of the ar
'itrary detention Of persons held "as
prisoners of the United States order or
of the President of the United
States, as State orpolitical prisoners, or
otherwise than as prisoners of war;" that
congress passed the act approved on the
I'd of March last, and the sections of
which, so far as they relate to this case,
We have recited above. The Intervention
'f a cour.'martial, illegally charged with
he trial of citizen, does not alter the
azure Of the Imprisonment of Mr.. VAL
who, while deprived of this
liberty, must be regarded in law as one
imprisoned by the order or authority of
he President, acting through the De.