Year: 1867

CHAP. LXXXI.


An Act relating to Habeas Corpus, and regulatin,
Judicial Proceedings in Certain Cases.


Be it enacted by the Senate and House of Rep
congress assembled, That, during the present re


belllon, the President of the United States, when
ever, In his judgment, the public safety NAV re
9ulre II, Is authorized to suspend the privilege O
tne Writ OF naDeas corpus in any case throughout


the United States, or any part thereof And when


ever and wherever the said privilege shall be sus


pended, as aforesaid, no military or other Office,


snaii De compelled, in answer to any writ of ha


beas corpus, to return the body of any person OF


persons detained by him by authority of the Pres


idcnt: but upon the certificate, under oath. O,


the officer having charge of any one so detained


that such person is detained b, him as a prisoner


under authority of the President, further pro


ceedings under the writ of habeas corpus shall be


suspended by the judge or court having issued


the said writ, so long as said suspension by the


President shall remain in force and said rebellion


continue.


Sec O. And be it further enacted, That the Sec


retary of State and the Secretary of War be, and


they are hereby directed, as soon as NAV be prac.


ticable to furnish to the judges of the circuit and


district courts of the United States and of the Dis


trict of Columbia list of the names of all per-


sons, citizens of states in which the administra-


ton of the laws has continued unimpaired i'm the


said Federal courts, who are now, or may hereaf.


ter 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 any fort


arsenal or other place. as state or political prs-


oners, or otherwise than as prisoners of war; the
said list to contain the names of all those who


reside in the respective jurisdictions of said judg-
es or who may be deemed by the said Secreta-
ries, or either of them, to have violated by any
law of the United States in any of said jurisdic-
tons, and also the date of each arrest; the Secre-
tary of State to furnish list of such persons as
are imprisoned by the order or authority of the
President, acting through the State Department.
and the Secretary of War, list of such as are i'm
prisoned by the order or authority of the Presi-
dent, acting through the Department of War.
And in all cases where grand jury, having at
tended any of said courts having jurisdiction in
the premises, after the passage of this act, and
after the furnishing of said list as aforesaid has
terminated its session without finding an indict-
ment or presentmcnt, or other proceeding against
any such person, it shall be the uuty of the Judge
of said court forthwith to make an order that
any such prisoner desiring discharge from said
Imprisonment be brought before him to be dis
charged and every officer of the United States
having custody of such prisoner is hereby direc-
ted Immediately to obey and execute said judges
order; and in case he shall delay or refuse SO to
do he shall be subject to indictment for misde
meanor, and be punished by fine of not less than
five hundred dollars and Imprisonment in the
common Jail for period not less than six months,
in the discretion of the court: Provided howev
er, That no person shall be discharged by virtue
of the provisions of this act until after he she
shall have taken an oath OF allegiance to Gov
ernment 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 support
ers thereof: And provided, also, That the judge
or court, before whom such person may be
brought, before dischargng him or her from I'M
prisOnment, shall have power, on examination of
the case, and if the public safety shall require it,
shall be required to cause him or her to enter in
to recognizance, with or without surety in asum
to be fixed by said judge or court to keep the
peace and be oEgood behavior towards the mi
ted States and its citizens and from time to time
and at such times as such judge or court may di-
rect, appear before said judge court to be fur
ther dealt with, according to law, as the circum
stances may require. And it shall be the duty of
the district attorney of the United States to at
tend such examination before the judge.


Sec. g. And be it further enacted, That in case
any of such prisoners shall be under Indictment
or presentment for any offence against the laws
a recognizance may be taken for the appearance
tor trial of such person, it shall be the duty of
said judge at once to discharge such person upon
bail or recognizance 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 as hereafter
may be arrested within twenty days from the
time OF the arrest any citizen may, after grand
jury shall have terminated its session without
finding an indictment or presentment as provl-
ded in the second section of this act, by petit
tion alleging the facts aforesaid touching any of
the persons SO as aforesaid imprisoned, supported
by the oath of such petitioner or any other cred-
BILE person, obtain and be entitled to have the
said judges order to discharge such prisoner on
the same terms and conditions prescribed in the
second section of this act: Provided, however,
That the aidjudge shall be satisfied such allega-
tiOnS are true.


Sec 4. And be it further enacted, That any Or
der of the President, under his authority, made
at any time during the existence of the present
rebellion, shall be defence in all courts to any
action prosecution, civil or criminal, pending,
or to be commenced, for any search, seizure, ar
rest, or imprisonment, made, done or commit
ted, or acts omitted to be done under and by
virtue of such order, under color of any law of
Congress, and such defence ma, be made by spc-
cial plea, or under the general issue.


SEC. 5. And be it further enacted, That if any
suit or prosecution civil criminal. has been or
shall be commenced in any state court against any
officer civil or military or against any other per-
son, for any arrest or Imprisonment made, or
other trespasses 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 the
pearance in such court, or if such appearance
shall have been entered before the passage OF this
act then at the next session of the court in which
such suit prosecution is pending, file petit
tion stating the facts and verified by affidavit,
for the removal of the cause tor trial at the next
circuit court of the United States, to be holden
in the district where the suit is pending, and OF
fer 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 required therein. 1t shall then be
the duty of the state court to accept the surety
and proceed no further in the cause or prosecu-
tion, and the bail that shall have been originally
taken shall be discharged. And such copies be-
ing 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 original process, whatever may be the
amount in dispute or the damages claimed, or
whatever the citizenship of the parties, any for
mer law to the contrary Notwithstanding. And
any attachment of the goods or estate of the de-
fendant by the original process shall hold the
goods or estate attached to answer the final
Judgment in the same manner as by the laws OIL
such state they would have been holden to an
swer final judgment had it been rendered in the
court in which the suit or prosecution was COM
menced. And it shall be lawful in any such ac-
ton or prosecution which may be now pending,
or hereafter commenced, before any state court
whatever, for any cause aforesaid, alter final
Judgment, for either party to remove and trans
fer, by appeal, such case during the session or
term of said court at which the same shall nave
taken place, from such court to the next circuit
court of the United States to be held in the dis
trict in which such appeal shall be taken, IN
manner aforesaid. And it shall be the duty OF
the person taking such appeal to produce and nle
in the said circuit court attested copies OF the
process, proceedings, and Judgment in such
cause; and it shall also be competent for either
party within six months after the rendition OF a
Judgment in any such cause, by writ of error or
other process, to remove the same to the circuit
court of the United States of that district in
which such judgment shall have been rendered;
and the said circuit court shall thereupon pro-
ceed to try and determine the facts and the law