The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-15
TH TRD EDITION
THE NATIONAL CAPITAL
Special Dispatches to The EOsnsng Telegraph
WASHINGTON. May 10.
The Habeas Corpus BiH Approved by
the PrestdenG


ing IAN Act relating to the habeas corpus, and
regulating judicial proceedings in certain cases, -
approved March g. ls63 and it is, therefore, a
law.
1t provides that any seizure, search, arrest or
imprisonment made, or any act done or omitted
to be done, during the Rebellion by any officer
or person, under and by virtue of any
order, written or verbal, general or spe.
cal, issued by the President or Secretary
of War, or by any military officer
of the United States, holding the command of
the department, district, or place within which
such seizure, search, arrest, or Imprisonment
was made, done, or committed, or any acts were
so done or ompted to be done, either by the per
son or officer to whom the order was addressed,
or for whom it was intended, or by any other per.
son aiding or assisting him therein, shall be
heldIand are hereby declared TO come within the
provisions OF the act to which this is amenda
tory, and within the provisions OF the 4th, 5th,
and 9th sections of the said act of March 5, 1863
for all the purposes of defense, transfer, appeal
error limitation, provided therein; but no
such order shall, by force of this act, or the act
to which this is an amendment, be defense
to any SUIT or action for any act done or at
tempted to be done after the passage OF this act.
When the said order is in writing, it shall be suf
fcient to produce in evidence the original, with
proof Of its authenticity, or a certified copy of
the same; or il sent by telegraph, the production
Of the telegram purporting to emanate from such
military officer shall be primG fdcie evidence of
its authenticity or if the original of such order
or telegram is lost or cannot be produced, Sc.
condary evidence thereof shal! be admissible as
IN other cases.
The right of removal from the State court into
the Circuit OF the United States, may be exercised
alter the appearance of the defendant and filing
of his plea, or other defense, in said court, or
any term of said court subsequent to
the term when his appearance is entered, and
before jury is empannelled totry the same, and
nothing herein contained shall be held to abridge
the right Of such removal, after final Iudg
ment in the State court, nor shall it be neces.
sary in the State court to offer or give security
for the fling of copies in the Circuit Court OF
the United States, but on the filing of the petit
ton, verified as provided in said fifth section,
the further proceedings in the State court shall
cease and not be resumed until certificate
under the seal of the Circuit Court of the
United States, stating that the petitioner has
failed to file orders in the said Circuit Court at
the next term, is produced
If the State Court shall, notwithstanding the
performance of all things required for the
removal of the case to the Circuit Court, pro-
ceed further in said cause or prosecution before
said certificate is produced then in that case
all such further proceedings shall be void
and of none etfect and all parties, Judges,
officers, and other persons henceforth proceed
ing there under, or by cover hereof, shall oe
liable in damages therefor to the party ag-
glieved, to be recovered by action in a court of
the State having proper jurisdiction, or in
Circuit Court of the United States for the dis
trict in which ssuch further proceedings may
have been had or where the party, officer, or
other persons so Offending, shall be found, and
upon recovery OF damages in either court. the
party plaintiff shall be entitled to double costs
1t is made the duty of the clerk of the State
court to furnish copies of the papers and files in
the case to the party so petltioning for the re-
moVal, and upon the refusal or neglect of
the clerk to furnish such copies, the said
party may docket his case in the Circuit Court
of the United State, and thereupon said
Circuit Court shall have jurisdiction therein,
and may upon proof of such refusal or neglect
of the clerk of the said court and upon reason
able notice being given to the plaintiff require
him 10 file declaration or petition therem and
upon his default, may order a nonsuit, and dis
miss the case at the cost of the plaintiff, which
dismissal shall be bar to any further suit touch.
ing the matter IN controversy.
COnfirmat1Ons by the Senate.
The Senate has confirmed the nominations of
w. Calvin Brown, of New York, as Consul at
Augsburg, and Frank Swan, OF OHIO, as Consul
at Naples. ..r
The Fort GOOdwIn Affair.
Governor Goodwin, OF Arizona, has obtained
from the War Department the Official data in
regard to the number of troops at Fort Good win
Arizona, reported to have been captured by the
Apache Indians, and the garrison massacred.
The February return shows that the fort was
under command of LieutenantColonel Pollock,
of the I'd California Infantry, with a garrison of
three companies of that regiment and Company
l, lst New Mexican Infantry, Captain Simpson.
The 14th Regular Infantry, in California, had
been ordered to the Territory, but it was not
known whether they had reached 1T before the
reported massacre occurred. General John 3.
Mason, commanding that Subdstrlct, had
ordered three companies of the Sd Battalion OF
the l4th Regiment to Fort Goodwin to relieve
the three California companies, leaving Com
pany of the New Mexican force to be retained
there t.." ffH
south American Troubles.
Rumors are ahoat of message indicating
diplomatic difficulties with a South American
power which may demand redress. This is the
commencement, perhaps, of promised series
of counterrritants, intended to divert attention
from home difficulties. y7 .
Secretary Seward and santa Anna.