, 1864-01-02

The following is the matter in regard to
the suspension of the writ of HaJeas Cor
pus, promised in our last:

pNS, promised IN our last:
WAR DEPARTMENT
ADJUTANT GENERALS OEFIoE,
y WASHINGTON, Sept. II, 1868
GENERAL ORDERS,
No. 315.1
The following Act of Congress and Proc
lamation of the President, based upon the
same, are published for the information of all
concerned and the special instructions
hereinafter contained for persons in the mill
tary service of the United States, will be
strictly observed
An Act relating to Habeas Cofpgs, and reg
ulating Proceedings in Certain Cases Ap-
proved March 3, 1868.
BE it enacted by The Senate and House Of
Representatives of the United States Of
America, IN Congress Assembled:
That, during the present rebellion, the Pres
ident of the United States, whenever, in his
judgment, the public safety may require it.,
is authorized to suspend the privilege of the
writ Of babeas corpus, in any case through
out the United States, or any part thereof /;
and whenever and wherever the said privi-
lege shall be suspended, as al -esaid, no mil
itary or other officer shall be vJmpelled, in
answer to any writ of ha6eas corpus, to re-
turn the body OF any person or persons de-
tanned by him, by authority of the President ;
but, upon the certificate, 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 hd6edS
corpus shall be suspended by the judge or
court having issued the same writ, so long as
said suspension by the President shall re-
main in force and said rebellion continue.
BY THE PRESIDENT OF THE UNITED STATES
"A PROCLAMATION.
Whereas, The Constitution of the United
States has ordained that the privilege of the
writ Of habeos corpus shall not be suspended,
unless, when in case of rebellion or invasion,
the public safety may require it; and where
as, rebellion was existing on the third day
Of March, 1868, (Which rebellion is still ex-
isting,) and whereas, by a statute, which was
approved on that day, it was enacted by the
Senate and House of Representatives Of the
United States, in Congress assembled, that
during the present insurrection, the Presi-
1 dent of the United States, whenever, in bis
judgment, the public safety may require, is
authorized to suspend the privilege of the
writ of ha5eas corpus, in any case through
out the United States, or any part thereof;
and whereas, in the Judgment Of the Presi-
dent, the public safety does require the priv
| ilege of the said writ shall now be suspended
! throughout tie United States, in the cases
when, by the authority of the President Of
the United States, military, naval and civil
| officers Of the United States, or any of them.
hold persons under their command or in
their custody, either as prisoners Of war,
spies, or aiders or abettors Of the enemy, OF
| officers, soldiers or seamen enrolled, drafted,
or mustered or enlisted in or belonging to the
land or naval forces Of the United States, OF
as deserters therefrom, or otherwise amena-
| bic to military law, or the Rules and Arti-
cles of War, or the rules or regulations pre-
scrbed for the military or naval services, by
authority Of the President Of the United
States, or for resisting draft, or for any
other offence against the military or naval
service:
Now, therefore, I, Abraham Lincoln,
President Of the United States, do hereby
proclaim and make known to all whom it may
concern, That the privilege of the writ Of
ha5eas corpus 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
subsequent one, to be issued by the Presi-
dent Of the United States, be modified or
| revoked And | do hereby require all mag
istrates, attorneys aud other civil officers
within the United States, and all officers and
others in the military and naval services Of
the United States to take distinct notice Of
/ this suspension, and to give it full effect, and
all citizens Of the United States to conduct
and govern themselves accordingly, and in
conformity with the Constitution of the
| United States and the laws of Congress in
such cases made and provided. .-
In testimony whereof, | have hereunto sci
my hand and caused the seal of the
United States to be affixed, this 9th
II. S. day of September, in the year Of our
Lord one thousand eight hundred and
sixty three, and of the independence
of the United States of America the
eighty-eighth
(Signed) ABRAHAM LINCOLN
BY the President
(8igned.) WIN. H. SEwABD.
Secretary Of State.
The attention of every officer in the mill
tary service of the United States is called tC
the above Proclamation of the President
issued on the 18th day of September, 1868
by which the privilege of the writ of ha6ea'
corpus is suspended IF, therefore, wri
of ha6eas corpus should, in violation of the
aforesaid Proclamation, be sued out anC
served upon any officer in the military ser
vice of the United States, commanding hin
to produce before any court or judge any
person in his custody by authority Of the
President of the United States, belonging
to any of the classes specified in the Presi
dents Proclamation, it shall be the duty O
such officer to make known, by his certfi
cate, under oath, to whomsoeyer may issue
or serve such writ of hobeas corpus, that tht
person named in said writ is detained by
him as a prisoner under authority of thu
President of the United States "
Such return having been made, if am
person serving or attempting to serve sucl
writ, either by the command of any court o.