The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-03-01
A BILL TO SUSPEND THE HABEAs
..-... CORPUS #....
d BIZ to Suspend the Privilege Of the Writ of
Ho6cds Corpus in cerfaia Gases


Il BiU to Suspend the Privilege ofMe Writ Of
Hodeos Corpus in certain Cases.
Whereas, the Constitution of the Confederate
States OF America provides in article l, Section g.
Paragraph 3, that "the privilege of the writ of
hgbeds corpus shall oct be suspended unless when
itease of rebellion invasion, the public safety
may require it" and whereas, the power Of sus-
pending the privilege of said writ, as recognized
in said article l. is vested solely in the Congress,
which is the exclusive judge of ihe necessity Of
such suspension; and whereas in the opinion Of
the Congress the public safety requires the sus-
pension OF said writ in thc existing case of the in
vasion OF these States and whereas, the President
has asked for the suspension Of the writ of haJeas
corpus, and informed Congress Of conditions of
public danger which render the suspension Of the
writ measure proper for the public defence
against invasion and insurrection-now, therefore,
The Congress ofhe Confederate States of
Americd do enact, That during the present inva-
sion of the Confederate States the privilege of the
writ of hdLeas corpus be, aud the same is hereby
suspended; but such suspension shall apply only
to the cases Of persons arrested or detained by
der of the President, Secretary Of War, or the
General Officer commanding the Traas- Mississippi
Military Department. by the authority, aud under
the control OF the President. 1t is hereby declar-
ed .hat the purpose of Congress in the passage of
safety by suspendng the writ Of huLeds corpus in
the following Cases aud no other: ...
I. Of treason, or reasonable efforts or combina-
tons to subvert the government of the Coufede-
rate States. .f' .-.
IL, Of conspiracies to overthrow the govern
ment conspiracies to resist the lawful authority
Of the Confederate States .s .. .Ias.t...r..
III. OF combining to assist the enemy, or Of
communicating intelligence to the enemy, or Civ
ing him aid and comfort. -. .r.
w.. Of conspiracies, preparations and attempts
to incite servile insurrecton.
'. Of desertons or encouraging desertions, of
harboring deserters, and of attempts to avoid mill
tary service. P,oOitied. That in case of palpable
wrong aud oppression by any subordinate officer
upon any party who does not legally owe military
service, his superior officer shall grant prompt
lief to the oppressed party, and the subordinate
shall be dismissed from office. 49,
vi. Of spies and other emmissaries of the enc
VII OF holding correspondence or intercourse
with the enemy, without necessity, and without
permission of the Confederate States.
Will Of unlawful trading with the enemy, and
other offences against the laws of the Confederate
States, enacted to promote their success in the
war.
TX: Of conspiracies, or attempts to iberate
prisoners of war held by the Confederate States.
X. Of conspiracies, or attempts or preparations
to aid the enemy.
XII. Of persons advising or melting others to
abandon the Confederate cause, or to resist the
Confederate States, or to adhere to the enemy.
Nil Ofunlawful burning, destroying or injur-
ing or attempting to burn destroy or injure any
bridge or railroad, or selegraphic line Of commun-
cation, or property, with the inteut 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, arseuals, foundries, work
shops, other property of the Confederate States
Sec g. The President shall cause proper Off
GERS to investigate che of all persons arres
ted, or detained, in order that they may be dis
charged if improperly detained, unless they can
be speedily tried in the due course of law.
Sec. 3. That during the suspension aforesaid,
no military or other officer shall be compelled, in
answer to any writ of habeas corpus, to appear in
person. or to return the body of any peison per-
sons detained by him. by the authority Of the
President Secretary Of War, or the General Off
Ger commanding the Trans Mississippi Depart
ment; but upon the certificate, under OATH of the
officer having charge of any one so Detained that
such person is detained by him as prisoner for
any Of the herein before specified, under
the authority aforesaid, further proceedings under
the writ of ho6eos corpus shall Immediately cease
aud remain suspended SO long as this act shall
continue in force
Sec. 4. This act shall continue iu force for
ninety days after the next meeting Of Congress,
and no longer.