Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1864-02-26
THE WRIT OF HABEAS CORPUS

THE WRIT OF HABEAS CORPUS.
Passage OF the Bill to suspend the priv-
iloge Thereof in Certain Cases.
The following bill passed by Congress in
secret session, and the injunction of secre-
81 having been removed, we are at liberty
to give It publicity
A BILL to Suspend the privilege Of the
Writof Hubeas Corpus in certain ca
ses.
"Whereas, the Constitution of the Con-
federate States of America provides in Ar
ticle L, Section 8, Paragraph 3, that "the
privilege of the writ Of habeas corpus shall
not be suspended unless when in case Of
rebellion or invasion, the public safety may
require it; aud whereas, the power Of sus-
pending the privilege Of said writ, as recog
nised in ssid Article l, ia vested solely in
the Congress, which is the exclusive judge
Of the necessity Of such suspension; and
whereas, in the opinion ofthe Congress, the
public safety requires the suspension Of said
writ in the existing case Of the Invasion of
these States; and whereas, the President
has asked for the suspension Of the writ Of
habeas corpus, and informed Congress Of
conditions of public danger which render
the suspension of the writ measure prop
er for the public defense against invasion
and instruction now, therefore,
1.-THE Congress Of the Confederate States
of An,ertca do enact, That during the pres
ent invasion of the Confederate States, the
privilege of the writ Of hadeas corpus be,
and the same is hereby, suspended; but
such suspension shall apply only to the ca
ses of persons arrested or detained by order
of the President, Secretary Of War, or the
General Officer commanding the Trans Mis-
sissippi Military Department, by the author
ity. and under the control of the President.
It is hereby declared that the purpose Of
Congress in the passage of this act is to pro-
vide more efectually for the public safety
by suspending the writ Of ha5eas corpus in
the following cases and no other:
II. Of treason, or reasonable efforts or
combinations to subvert the government Of
the Confederate States.
I'll. Of conspiracies to overthrow the
government, or conspiracies to resist the
lawful authority of the Con federate States
"iII Of combining to assistthe enemy,
or Of communicating intelligence to the en-
eng, or giving him aid and comfort.
Nv. OF conspiracies, preparations and
attempts to incite servile instruction.
"V Of desertions or encouraging deser-
tions, or harboring deserters, and Of at
tempts to avoid military service: Provided,
That in case of palpable wrong and oppres-
sion by any subordinate officer upon an
party who does not legally owe military SER
vice, his superior officer shall grant prompt
relief to the oppressed party, and the SUBJ
ordinate shall be dismissed from office.
wi. Ofspies and other emissariea of
the emery.
wi, OF holding correspondence or in
tercourse With tho enemy. without necessi-
ty, and without the permission of the Con
federate States.
"VIII. Of unlawful trading with the en-
envy, and other offences against tho laws Of
the Confederate States, enacted to promote
their succession in the war.
Tx. Of conspiracies, or attempts to
liberate prisoners Of war held by the Con
tederate States.
*. OF conspiracies, or attempts or prep
arations to aid the enemy.
XXI. Of persons advising or melting
others to abandon the Confederate cause, or
to resist the Confederate States, or to ad-
here to the enemy.
xxi. OF unlawfully burning, destroy
ing or injuripg, or attempting to burn, des-
troy or injure any bridge or railroad, or tel
egraphic line of communication. or pro por-
ty with the intent of aiding the enemy.
XIII Of reasonable designs to impair
the military power of the Government by
destroying, or attempting to destroy, the
vessels or arms, or munitions OF war, or ar
senals, foundries, workshops or other prop
erty of the Confederate States
Sec 2. The President shall cause prop
er officers to investigate the cases of all per-
sons so arrested, or detained, in order that
they may be discharged if improperly de-
tanned, unless they can be speedily tried in
the due course Of law
''Sec. 3. That during the suspension
azores no military or ether officer shall
be compelled, in answer to any writ of ha-
beas corpus, to appear in person, or to re-
turn the body Of any person or persons de-
tanned by him, by the authority ofthe Pres
ident, Secretary of War, Of the General Of
6cer commanding the Trans Mississippi De-
partment; bur unon the certificate, under
oath. Of the officer having charge Of any one
SO detained, that such person is detained by
him as a prisoner for any Of the causes here
in before specified, under the authorii :
aforesaid. further proceedings uuder the writ
of habeas corpus shall Immediately cease and
remain suspended so long as this act shall
continue in force.
'.Soc. a. This act shall continue in force
for ninety days after the next meeting of
Congress, and no longer.
Preserve This Paper.
We publish for the especial benefit
Of our readers in this issue Ct the Vim