Year: 1863

to law, as the circumstan ces may require.
And it shall be the duty of the district attor-
ney Of the United States to attend such ex-
animation before the judge.


Sec. 3. Ind be It .t3rther enacted, That
in case any of such prisoners shall be under
indictment or presentmcnt Tor any ofcnse
against the laws of the United States, and
by existing laws bail or recognizancc may
be taken for the appearance for trial of such
person, it shall be the duty of said judge at
once to discharge such person upon bail or
rccognixance for trial as aforesaid. And in
case the said Secretaries of State and of War
shall for any reason refuse or omit to furnish
the said list of persons held as prisoners
as aforesaid at the the time Of the passage of
this act within twenty days thereafter. and of
such persons as hereafter may be arrested
within twenty days from the time of the ar
rest, any citizen may, after grand jury shall
have terminated its session without finding
an indictment or prcsentmcnt, as provided in
the second section of this act, by petition
alleging the facts aforesaid touching any Of
the persons so as aforesaid imprisoned, sup
ported by the oath of such petitioner or any
other credible person, obtain and be entitled
to have the said judges order to discharge
such prisoner on the same terms and condi-
tions prescribed in the second section of this
act: Pyor,dcd. h0Wcrcr, That the said judge
shall be satisfied such allegations arc true


Sec i. 4lnd he It further enacted, That
any order of the President, or under his au-
thority, made at any time during the exist
cncc of the present rebellion, shall be de-
fence in all courts to any action or prosecu-
ton, civil or criminal, pending or to be COM
menccd. for any search, seizure, arrest or i'm
prisonmcnt, made, done, or committed, or
acts omitted to be done, under and by virtue
of such order, or under color of any law Of
Congress, and such defence may be made by
special plea, Or under the general issue.


Sec. 5. Ind Le 1t further enacted, That
if any suit or prosecution, civil or criminal,
has been or shall be commenced in any state
court against any officer. civil or military, or
against any other person. for any arrest or
Imprisonment made, or other trcspasscs or
wrongs done or committed, or any act omit
ted to be done, at any time during the pres
cnt rebellion, by virtue or under color of any
authority derived from or exercised by or un-
der the President of the United States, or
any act of Congress, and the defendant shall,
at the time of entering his appearance in
such court, or if such appearance shall have
been entered before the passage of this act,
then ut the next session of the court in
which such suit or prosecution is pending.
file petition, stating the facts and verified
BY affidavit, for the removal of the cause for
trial at the next circuit court of the United
States, to be holden in the district where the
suit is pending. and offer good and sufficient
surety for his filing in such court. on the first
day of its session. copies of such process and
other proceedings against him, and also for
his appearing in such court and entering
special bail in the cause, if special bail was
originally rcquir. d therein. 1t shall then be
the duty of the state court to accept the
surety and proceed no further in the cause or
prosecution, and the bail that shall have
been originally taken shall be discharged.
And such copies being filed as aforesaid in
such court Of the United States, the cause
shall proceed therein in the same manner as
if it had been brought in said court by orig
inal process, whatever may be the amount in
dispute or the damages claimed, or whatever
the citizenship Of the parties, any former law
to the contrary notwithstanding. And any
attachment of the goods or estate Of the de-
fcndant by the original process shall hold the
goods or estate SO attached to answer the final
Judgment in the same manner as by the laws
of such state they would have been holden
to answer final judgement had it been rem
dered in the court in which the suit or prose-
cution was commenced. And it shall be
lawful in any such action or prosecution
which may be now pending. or hereafter
commenced, before any state court whatever,
for any cause aforesaid, after final judgment,
for either party to remove and transfer, by
appeal. such case during the session or term
OF said court at which the same shall have
| taken place, from such court to the next cir
cult court of the United States to be held in
the district in which such appeal shall be
taken, in manner aforesaid And it shall be
the duty OF the Of the person taking such
appeal to produce and file in the said circuit
court attested copies of the process, proceed
ings, and judgment in such cause and it
shall also he competent for either party,
within six months after a rendition of a judg-
ment in any such cause, by writ of error or
other process, to remove the same to the cir
cult court Of the United States of that dis
trict in which such judgment shall have been
rendered; and the said circuit court shall
thercupon proceed to try and determine the
facts and the law in such action, in the same
manner as if the same had been there orig
inally commenced, the judgment in such case
Notwithstanding. And any bail which may
have been taken, or property attached, shall
be holden on the final judgment of the said
circuit court in such action, in the same man
ner as it no such removal and transfer had
been made, as aforesaid. And the state
court, from which any such action, civil or