Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-02-25
SUSPENSION CF THE WRIT OF HABEAs COR.
| PUS.

SC-E'E-NaSEOH DE lHF1 OH HAbGA5 COk
PUS.
The following bill passed both houses Of Congress- and
10 a laT of tho land
bill to suspend the privilege of the writ Of ha5eas corpus
in certain
Whereas the Constitution OF Confederate States OF
America provides in article secon 9, paragraph g. THAI
pended unless when in case Of rebellion invasion, the
public safety may require it, and whereas the power OF
article vested solely in the Congress, which the
elusive judge of the necessity of such suspension and
whereas in the opinion Of the Congress- the public safety
requires the suspension OF said writ IN the existing case OF
The invasion Of these States by the armies Of the United
States Whefeas the President has asked for the
pension of the writ of hG6edS corpus, and Iormed Con
Of conditions of public Danger wheH render the
pension of the writ proper the public defence
against Invasion and insurrectfon; now therefore,
States the privilege OF the writ OF habeas CORPUS be AID
the is hereby susrended but such suspension shall
order Of the President, secretary War; The general
officer commanding the Trans Mississippi Military Depart
meat, by the authority and under the control Of Pre-
siden 1t is hereby declared that the purpose of Congress-
in the passage of this act to provide more fsc lily for
the public safety by suspending the writ Of haJea corpus
in the following cases. and no other:
Of treason reasonable efforts combinations, to
subvert the Government of the Confederate STATES.
conspiraee to reist the lawful authority OF the Coule
III. Of combining to assist the enemy, Of conm1ni
eating Intelligence to the enemy, or giving him aid and
w. Of COMMUNICATES preparations aud at.ompts to ncto
servile insurrection.
" If dssertions or encouraging deserons of harborng
desereTs and OF attempts avoid military service Pro-
Cidtd that in Of pApabe and Oppre by
any subordinate officer upon parry who does lot Legal
y military serVi c. his superior O6cec shall grant
mpt relief to the oppressed party and tho subordinate
shah be dismissed from Ollie
VI. OF spie and other emssares Of the enemy"
VII OF holding correspondence iGjercuu with the
enemy, without necessity, and without tho permission Of
the Confederate States.
VIZ o. unlawful trading with the ereroy and other Of
fences against the laws Of the CcnfedeIae states enacted
to promote their sucCese in the
IN Of rspneCies, attempts 70 OeTate prisoners Of
e by the Confederate states.
OF co1spTacits, or attempts or preparations to aid
h. enemy.
XII OF persons adirg or melting Others to ABANDON tic
Confederate cause, or TO resist tbs Confederate t
to adhere to the e1smy.
XII. OF unlswfuly burning, destroying injnrng,
attempting to burn destroy iDure any BRUCE rail-
roed telegraph line Of communication other proper
ty with the intent aiding the enemy.
Kill of reasonable designs to impair the military
power of the Government by destroying attempting
destroy the vessels arms, munitions Of war
nails foundrs, workshops, other property Of the Con
tederate States
Sec. 2. he President shall cause proper officers
Vesgate the OF all persons arrested or detained IN
order that they may be discharged improperly detained,
nBless they speedily tried ia the due course OF law
SEC. g. That during Suspension at Fesad militia
other officer shah be compelled, ia ansTer TO any
writ of haEeGS G0rES to appear in person, to return
the body any person detained By him b. the authority
of the President Secretary Of War the general officer
commanding the Trans Mississippi Department. hut upon
certificate under OATH of the officer having charge
any detained, that such person detained by
prisoner under the authority aforesaid Cther pro
ceedInSs under the writ OF habeG3 C1Tp shall mme2iar
~ cease and remain suspended long this act snail
continue in force
eEC 4. This act shall continue in force ninety days
after the next meeting of Congress AID go longer.