Year: 1863

An Act Relating 10 Habeas Corpus


ana Regulating Judicial Proceed


iDgs in Certain Cases.


Il We print below the Gnti.habeas c0ypuS aCt


which was passed by the House of Congress OF


Monday, March %, and by the Senate on Tues
day, the Sd. 1t confers fearful power upon th,


President As the Legislation of Congress now
stands, civil liberty is abolished. What haf
Abolitionism not accomplished in two years Ia
subvert the Constitution and destroy the Union
Here is the act;


be II enacted by the Senate and House OF


Representatives of the United States of Amer
lea in Congress assembled, That, during the
present rebellion, the President of the United
States, whenever In his judgment the public
safety may require 1t, is authorized to suspend
the privilege of the writ of habeas coypus in
any case throughout the United States, or any
part thereof. And, whenever and wherever
said privilege shall be suspended as aforesaid.
no military or other officer shall be compelled.
In answer to any writ of habeas corpus, TO re.
turn the body of any person or persons detained
by him by authority of the President: but upon
q certificate, under oath, of the officer having
charge OF any one 80 detained, that such per.
son is detained by him as a prisoner, under
authority of the President, further proceedings
under the writ Of habeas corpus shall bs sus.
pended by the Judge or court having issued the
said writ 80 long as said suspension by the
President shall remain in force aud said rebel
lion continue.


SEC. 2 And be it further enacted, Thatthe
Secretary of State and the Secretary of War
be, and they are hereby directed, as soon as
may be practicable, to furnish to the Judges OF
the Circuit and District Courts of the United
states and OF the District of Columbia, list
OF the names of all persons, citizens of States
IN winch the administration of the laws has
continued unimpaired in the said Federal
COURTS VINO are now or may hereafter be held
as prisoners OF the United States, by order or
authority of the President of the United States. :.
or either of said Secretaries. in anv fort, ar.
senal or other place. as State or political priaon-
ere, or otherwise than Gs prisoners of war: the
said list to contain the names of all those WIN re-
side IN the respective Jurisdictions of said Judges,
or who may be deemed by the said Secretaries,
or either OF them, to have violated any law of The
United States in any of said jurisdictions,
and also the date OF each arrest--the Sec
retary OF State to furnish list of such persons
as are Imprisoned by the order or authority of
Inc rresident, acting through the State Depart-
ment, and the Secretary of War a list of surh
40 are Imprisoned by the order or authority of
the President, acting through the DepaFtment
of War. And in oil cases where a grand inrv
having attended any OF said courts having in.
risdiction in the premises, after the passage Of
this act, and after the furnishing of said list.
as aforesaid, has terminated its session without
fuding an indictment, or preaentment, or other
proceeding against any such person, it shall be
the duty of the Judge of said court forthwith
to make an order that any such prisoner desir.
ing discharge from said Imprisonment be
brought before him to be discharged; and eyery
officer OF the United States having custody of
such prisoners is hereby directed Immediately
to obey and execute said Judges order; and, 10
case he shall delay or refuse SO to do; he shall
be subject to indictment for misdemeanor,
aud be punished by a fine of not less than Eve
hundred dollars and imprisonment in the COM
mon Jail for period of not less than six months,
in the discretion Of the court; Provided, how
ever, That no person shall bs discharged by vir.
tue of the provisions of this act until after he
or she shall have taken an oath of allegiance to
the government of the United States, and to
support The Constitution thereof; and that he or
she will not hereafter, in any way, encourage
or give aid and comfort to the present rebellion
or the supporters thereof; And Provided, also,
That the Judge or court before whom such per.
son may be brought, before dscharging him or
her from imprisonment, shall have power, on
examination OF the case, and ii public sefety
shall require 1t, shall be required to cause him
or her to enter into Tec0gniZlnce, with or with.
out t'surety, In sum 10 be fixed BY said judge
or court, to keep the peace and be of good be.
haVior toward the United States and its citizens
and from time to time, and at such times as
such Judge or court may direct, appear before
said Judge or court, to be further dealt with.
according to Law, as the circumstances NAV 20
quire. And it shall be the duty of the District
Attorney of the United States to attend sucb
examinations before the Judge


SEC B. And be IL further enacted, That in
case any of such prisoners shall be under indict.
ment or presentment for any 0ffense against the
laws of the United States, and by existing laws
bail or recognzance may be taken for the sp.
pearance for trial of such person, it shall be
the duty of said Judge at once to discharge such
persOn upon bail or rGcognizance for trial as
aforesaid. And in case the said Secretaries Of
State and War shall for any reason refuse or
omit to furnish the said list Of persons held as
prisoners as aforesaid at the time of the passage
of this act within twenty days thereafter, and
of such persons aB hereafter may be arrested
Wlthiu uayn ho Vi tHe arrest,
any citizen may, after grand jury shall have
terminated its session without finding an indict-
ment or presentment, 90 provided In the second
section of this act, by petition alleging the
facts Aforesaid touching any Of the pereons so
as aforesaid imprisoned, supported by the oath
of such petitioner or any other creditable per.
sons, obtain and be entitled to have the said
Judge's order to discharge such prisoner on the
same terms and conditions prescribed In the
second section of this act; Provided, however,
That the said Judge shall be satisfied such allie
cations are true.


SEC. A. And be it further enacted, That any
order of the President, or under his authority,
made at any time during the existence of the
present rebellion, shall be defense in all courts
to any action of prosecution, civil or criminal,
pending or to be commenced, for any search,
seizure, arrest, or imprisonment, made, done,
or committed, or acts omitted 10 be done under
| and by virtue Of such order, or under color of
any law Of Congress-; and such defense may be
made by special plea, or under the general
issue.


SEQ. S. And be it 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 ag aihst
any other person for any arrest or imprison-
ment made, or other trespasaes or wrongs done
or committed, or any act omitted to be done at
any time during the present rebellion, by virtue
or under color of any authority derived from or
exercised by or under the President of the
JInited Ctataa or anv a ck Of Conureaa and tho