Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1864-03-15
q F + T.
ADJ"T l. INSP'R GEN'LS OFFICE,
RICHMOND, Va. March ", 1861.
GENERAL ORpERs,)
No. 81.

NlCHhoND, A.. MArch ~, loul.
GENERAL ORDERS,
No. 81.
|. The following Act Of Congress, "for the ,v,p In,Ion o
the writ Of Habeas Corpus In certain Gases" wuh the In
.tTuciions Of the War Department, /. puo i,hcL for the In
formation Of al Concerned:
As AGr 10 suspend The privilege Of the Writ o! llabca
Corpus In certain cases.
Whereas, HE Constitution of the Confederate States O
h;n RIGA ir"v! 'es. 10 article first. section nine, paragraph
three. ;ha, 'rhe privilege of the wri, Of IIai. as corpu
shall not he snsncndrl. un ess when in casr OF rebellion o.
invasion, the public safety may require It." ana Whereas
III" power OF >usreul;ng the privilege of Sa' Il witt, as re
c"gHitcd Ia said article trl, j. vested solely In the Con
gross, which Is ,hr excl s!ve Judge Of the Necessity Of suci
SUSPENSION; and whereas, In the opinion of the congress
the public safety requires the SUSPENSION OF sad writ 10 III,
eNis'tns case az the INVASION nj these St,i.s by the nrmir,
"i the United states; aud whereas. the prcsil-n, has A.. eL
for The suspension If the writ "f hahras corpus, and in
formed Congress Of conditions OF publ, dlu.-r which rem
der The Suspension o. The VIII i measure IrOper for ths
nnhIir defence, asa'n:t Invasion and in,urrectioa: now,
therefore,
The Congress Of the Confederate ststos of Americs do
! enact, That, during the present 'nvss On OF the Cuufr.Ic
rate States, the priyir uf he wit f habr Is CORPUS be
ani the same Is hereby su-I,rndrt; but 81 h suspensiur
shan apply only to IL" case "t persons arrested or de
tanned by order Of the President, Secretary Of War. ur the
general officer commanding the 7 ans-Nlss ssippi Military
Department, by The authority and under the control of The
PrcSidrn;. Iii hereby declared that the purpose OF Com
rrrss In HE laSSa = OF ihis act is III provide more etfrctu
ally for the pchlic safety, ty suspend NJ the writ Of haheas
coIpI;s in the following cases, and no others:
lirst-Oi treason, or reasonable efforts or combinations
to srbver, the government OF the Con ederate States.
Secopd-uf cOn'pira" les TO overthrow the government,
or consp'racies TO resist the lawful authorities Of the Con-
fed"raic States.
Th!rd-0f combining to assist the enemy, or Of conmu.
nica,:nS Intelligence 10 the enemy, or giving him aid and
comfort.
Fourth-of c"nsplracies, Preparations and attempts to
Hth-Oi d->cr:ions OF encouraging assertions, OF har.
horing desc tiers and Of atteu&Yts toravOld military service
Pro.ried, that Ia cases of pSpable wrong and oppression
10y any subordinate officer, upon any party who does not
l":a!lr owe military service, his superior officer shall grant
prompt relief TO the oppressed party, AMI the subordinate
s!an be dismissed from Office.
S!A;h-0f spies ard other eaissarlcs OF the enemy.
Sevrnth-Of holding correspondence orintercourse with
N. rn-ruy, without necessity, aul without the permission
OF the Confederate Statrs.
E~isiih-of unlawful trading with the enemy, and other
offences against the laws Of The Confederate states, enact
cl 10 remote their success In the war.
Ninth-cf cor, piracie., or attempts to Hibernate prisoners
Of war held by Ia" Co, feieyate states.
r""'ir--oi co">i'irSeirs, or attempts or preparations 10
aid the rncmy.
EIcvem;I-of persons advising or melting others to abnr.
Ion Nv" Confederate cau-e. or to resist the Coufrdrrai,
StA'rs Ut TO Ui'rrv TO the enemy.
T~eiiIll-of unluwfuly burning. destroying or injurins,
ar attempting !" burn, destroy or iIjutc, any brid o, OF
railroad, or t-lrcraphic lie Of comm ica:ion, or Other
property, with III intent of aitirg the rieny.
Thiriernih-uf reasonable designs to Impair Tie 1n!l!taa
~ power Of The government, hy destroying, or attempting
- destroy. ii- vessels ~ arms or maii.lrn Ms OF war, or ar
scnal-. f%ouudries, workshops ~ other property OF the Con.
f.d-ra,r STATES.
Sec. ID. The President shall cause proner officers n IN.
veslicale the case, OF AL persons 80 arr,>,.d or detained,
in order hat they may hr DISCHARGED. it Improper Y de-.
! Timed. unless they cnu be speedily tried in the due course
Of law.
Sec. 81. That, during The suspension aforesaid. no militia.
~ or other officer shill he compelled, in answer to az
VII, o. haheaS corpus, 10 appear in person, or 10 return the
body ~ any person ar per.ouS detained by him by the au.
th"rity o. rhr Pr'sid' mt. Secretary Of War, or the general
officer commanding the Trans. Mississipli Department; but
upon the certificate under ON &C The officer, having
charge n! any one so h4ia ned. 'ht; surl person IL Diet aimed
ny hm as II prisoner, Tor nnv ~ III. carssS herrinbefnre
specified. uudcr the authority a, r.sail, our,lar proceed.
ins1 unl. r TIE W.T. ri h1hca- ,ipus shall Immediately
Geese and rsinain Suspended 50 long ~ rhis Il shall CON
t hue in force.
-, al, TIT. ,,, hi .,,t, L., f.... -.
after the mex me- ting OF Congress. nd no longer.
4 trr-co-S: JAMES II. MATrngws,
App owed, Feb. IL. 1851. Law Clerk.
II. There will lie appointed iy this department, for each
military Division of ~: Cuaf.lrra-y, ep.t OF the Niss!sslp.
pi ri"er, one or more "omrri"n: Persons as commission rs
to Investigate IN case. Of p"rs rs who ray h.. arres, ed or
detained hv any military authority ( r any cause specified
within he above rrrit-d act. Ia iorma'i0n ~ al such ar
rests will hc give, 90 him hr the DEPARTMENT comm, .nder
"a o"i rs practicable after they are ms!-, aud he will
proceed 10 invest gate the snm-. If, npon examination, u
'raSonabie AMI probable caus- fr detention does not ap-
pear, he wi certify The fact to the General or other officer
n command, who will Immediately dis harge the p,is,per
from a'r.s'. But " n reasonable and p OBJ BILE cause does
appear, the commissioner will forthwith transmit TO this d.
partnent d copy Of the evidence taken In The case. with
his opinion thereon, for Instructions, ADD meanwhile the
prisoner shall remain in custody.
III. In AL cases in III ich a per on who has been enlisted
in tic array NADER any Of the acts Of Congr. IS to prorii"
Tor the uNllc defence, or raise troopSto serve during the
war, or 10 provide for local defence aud special service. or
who has been enlisted or snr"lled for service under the acts
n Cong ess further TO provide for the public defence. or
mas been placed In the militia Y service by the act OF Con.
"r-ss TO o. ganze 'Orces to serve during The war, approved
18th February, lSG5, shall be held in custody for hese-tlor
ar srcnuraslrg IcsSriiOus. of harhoring desrrtcrs, md Of
attempts TO avoid military service, or Of hollinI cores
p"ndrnc- or intercourse with the enemy without necessity
and without the permission Of the Confede'a States mr. Of
combining 10 Assist the -neinv, or OF communicating intell-
: ne TO the enemy, or OF giving him aid and comfort or
for any other Euse speciG ii in the act aforesaid; and in
all cases in which any crs"n not belonging TO the military
service shall be held in custody ny any military authority
'0r any % the causes mentioned la the act shall apply 20
any court or officer In the Confederate States for a writ o.
hal ers corpus. il will be the duty o. The officer having the
command Orcustcdy o: such pr'son forthwith to report the
case, Ei;" sl the relevant facts, 10 the War Department
for Instructions a. 10 the proper answer IA be ma Il TO such
W t., and IN the mean line 10 retain the custody and cortrol
c mnunicare to the ,Me"r cr court Issuing the writ, as
aGordiug the reason Why I me should be given 10 make a
more complete return.
'sinel, Il will he the duty OF the officer having command
or who may have N custody as prisoners any person
OF Congress. 10 max" = special return In wrtng and under
detained by III" authority Of III. Secretary Of War, and
the act .; Con:rcss aforesaid, to pro ue the body OF such
person or TO maze further appearance or return to the said
writ.
V. The commanding General Of the T!an..Missssipri
Department, will pe:orin tn. functions dcrclving upo, tho
War Department, under the - Orders, IN that portion Of the
Conisicrary. By order.
tSiynedj s. ~. PrR,
arl2 ". Aluan AMI nsFs tor. Gensral.
W,,. S-n.fr II NIgDat. h and e., Hniner- q