The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-03-14
OFFICIAL.
ADJ'r AND INsP'R GEN'Ls OFFICE,
Richmond, Va March 10. 1854.

e.
Richmond, Va, March 10, 1854.
+ X ENERAL ORDERS, No. Al
" I. The following Act Of Congress, "for the
suspension of the writ of Hsbeas Corpus In Ger.
partment, Is published for the information of all
concerned
mo. 73.l
An Acr 10 suspend the privilege Of the Writ of
Habeas Corpus In certain cases.
Whereas, the Constitution Of the Confederate
Etstes of America provides, In article hrst section
nine, paragraph three, that ''the privilege of the
writ OF habeds corpus shall not be suspended, unless
when In case of rebellion or Invasion the public
safety may require II; 4" and whereas, the power
~ suspendng the privilege Of said writ, recog-
nized I'm said article frst Is vested solely fn the
Congress-, which Is the exclusive judge of the
cessfiy 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 and whereas, the President has
asked for the suspension Of the writ of habsas cor
pas, and informed Congress Of conditions Of pub
Tic danger which render the suspension of the writ
measure proper for the public defence, against
Invasion aud insurrection: Now, therefore,
The Congress Of the Confederate States of .3nerica
do e'.d9, That during the present invasion OF The
Confederate states the privilege of the writ OF
hde1s corpus be, and the same Is hereby suspend
cd; but such suspension shall apply only to the
cases of persons arrested or detained by order of
Tie President Secretary Of War; or the general Of
iicer commanding the Trans Mississippi DppaIt-
ment by the authority and under the control OF the
President. II Is hereby declared that the purpose
OF Congress in the passage of this Is to provide
more "hectuAly for the public safety by suspend
Ing The writ OF ha,.as corpus In the following eases
and no others:
Flrst-Of treason, or reasonable efforts or com,
binations TO subvert the Government of the Con
federate States.
Second-Of conspiracies TO overthrow the Gov
eminent, or conspractes TO resist the lawful au-
thorities of the Confederate States.
Thifd-Of combining to assist the enemy or Of
no Init lltt.s th.,A
Ing him aid and comfort.
F"nrh-Of conspiracies, preparations, and at
tempis To incite seIvile insurrectiOn.
tith-Of deserti0ns or encouraging desertions,
of harboring desefiers, and of attempts TO avoid
military service Pr0oided, That In cases of paipa
BE wrong aud oppression by any subordinate OF
iicer upon amy party who does not legally owe
military service, his superior officer shall grant
prompt relief 10 the oppressed party, and the su
bordinate shall be dismissed from Office
Si1th-of spies and other emissarles of the en-
envy.
Seven,h-of holding rrespondence or inter
course with the enemy without necessity, and
without the permission of the Confederate STATES.
Eighth-of unlawful trading with the enemy,
and other offences against The laws of the Conied-
crate States, enacted TO promote their success in
the war
Nin,h-Of conspiracies, or attempts to lbsrate
prisoners of war held by the Confederate States.
Tenth-Of coDspracies, or attempts, prepaIa-
tions to aid the enemy.
kieventh-Of persons advising or melting Others
Confederate States, or 10 adhere to the enemy.
Tw-lfth-Of unlawfuly burning, destroying
Djurng, or attempting TO burn, destroy, injure,
any bridge, or railroad, or teegraphc line OF cenr
inunication, Or other property with the intent Of
aiding the enemy.
Thr,eenth-Of reasonable designs to impair
the military power of the Government, by destroy
ing, attempting to destroy, tue vessels or arms,
or munitions of war, or arscnRls, fUundres, work
shops or other property of the Confederate States.
Sec. 81. The President shall cause proper Off
tl.n raF,t
rested or detained, in order tha, they may be dis
charged, if Improperly detained, unless they can he
speedily tried III the due course Of law.
Sec. Sd. That, dulng the suspension aforesaid,
no military other officer shall be compelled, In
answer to any writ Of h0bcGs corpus, TO appear in
person. or 10 return the body of any person or per
sons detained by him by the authority OF the Pres
dent, Secretary of War, the genera! officer COM
manding the Trans -Missississippi Department.; but
uDon the certificate under oath of the officer, bav-
ing charge of any one 80 detained that such per
is detained by hial prisoner, for any of the
causes herenbefore specified, under the authority
aforesaid, further proceedings under the writ OF
hateds corpus shall Immediately cease and remain
suspended SO long as this act shall Continue In
force.
Sec 4th This act shall continue in force for ninety
DAYS after the next meeting OF Congress, ana no
logger.
Approved, Feb. 10, 1854 Law Clerk.
II. There will DC APPOINTED by ihis department. tor
each military division of the Confederacy east of the
Mississippi ryer one or more competent persons as
commissioners 10 investigate the cases OF persona
who may be arrested detained 10y any military
authority for any cause spec had wahin the above
reci.ed act Information OF all such arrests will be
given to him by the department cominander as Soon
a. practicable alter they made and he will pro-
ceed to nvestgate the same, Ii, upon examination,
a reasonable and probable cause for detention does
appear, he will certify the fact to the General or
other officer in command, who will immediately dig
charge the pris0ner from arrest. But if reasonable
and probable cause does appear, the commissioner
will forthwith transmit 70 this department copy Of
the evidence taken in the case, with his opial"n
thereon for Instructions and meanwhile the prisoner
shall remain In custody.
Ill. In all cases In which a person who has
been enlisted In the army under any OF the acts OF
Congress to provide for the public defence, or TO
raise troops TO during the war, or 10 provide
for local defence and special service, or who has
been enlisted enrolled for service under tue
acts of Congress further 10 provide for the public
defence, or las been placed In the military service
by the act of Congress Il organize forces 10 serve
during the war, approved 11tn February 1904 shal'
be held in custody for desertion or encouraging de
.ertons of harbOring deserters, and OF attempts To
avoid military service or OF holding corresponds
ence or intercourse with the enemy without ne-
cessty and without the permission OF the Confed-
crate States of combining to assist the enemy,
or of communicating intelligence TO the enemy, or
of giving him aid and comfort or for any other
ca,ise specified In the act aforesaid; and IN all
eases In which any person not belonging 10 the
military service shall be held 10 custody by any
military authority for any OF the causes mentieed
In the act shall apply to any court or officer In the
Confederate States for writ Of hdbeds corpus, II
viii be the duty of the officer having the command
or custody of such person forthwith to report the
case with all the relevant facts, to the war De
pnrtmeni for Instructions as TO the proper answer
10 he made TO such writ, and In the meantime 10
retain the custody and control OF such person ui-
der this order, a copy of which will be communi-
Gated 10 The officer court issuing the wit, as
affording the reason why time should DC gwen 10
make a more complete return.
w. In all eases when the requisite delay cannot
be obtained will be the duty OF the 0Icer having
command and custody of persons embraced In the
preceding section, or who may have In custody as
prisoners any person charged under any Of the sec
lions of the above reced act Of Congress, TO make
a special return In writing and under oaih tiat
the body of such person so detained by MIN Is de-
tained by ,he authority of the Secretary OF war,
and that he declines, under and by virtue OF III.
authority and the act Of Congress aforesaid, 10
produce the body of such person. or 10 make FUR
theT appearance or return to the said writ
" the commanding General OF the Trans Nis
sssippi Department will perform the functions de-
yoIving upon the War Department, under these
orders, la that portion OF the C0nfedefacy.
,s,,,.n COOPER,
NH "a Ivy Adi't and lBsp'r Gen'.
EXyHITE, MONTEIRo co have in ssp,e ana 10