Year: 1863

1


regulating judicial proceedings in cer-


tain cases.


Be ii enacted BY he Senate and House Of
Representatives oflio Unital States Of Amey-
ioa in Congress assembled, That, during the
present rebellion, the President of the
United States, whenever, in his juds-
ment, the public safety may require it, is
authorized to suspend the privilege of
the writ of habeas corpus in any case
throughout the United States, or any
part thereof And whenever and wher-
ever the said privilege shall be suspend
ed, as aforesaid, no military or other
officer shall be compelled, in answer TO
any writ of habeas corpus, to return the
body OF any person or persons detained
by him by authority OF the resident;
but upon the certificate. under oath Of
the officer having charge of any one so de-
tanned that such person is detained by
him as prisoner under authority of the
President, further proceedings 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. 2. And be it flVther enacted, That
the 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 aud of the
District Of Columbia list Of the names
of all persons, citizens of States in which
the administration of the laws has con-
tinued unimpaired in the said Federal
courts, who are now, or may hereafter be,
held as prisoner 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 prisoners, or otherwise
than as prisoners of war; the said list TO
contain the names of all those who reside
in Che 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 a list Of such
persons as are imprisoned by the order or
su hority of the President, acting through
the State Department, aud the Secretary
of War list of such as are imprisoned
by the order or authority of the Presi-
dent, acting through the Department of
War. And in all cases where q grand
jury, having attended any of said courts
having jurisdiction in the premises, after
the passage of this act, aud after the fur.
nishing OF said list, as aforesaid, has ter
minated its session without finding an
indictment, or presentment, or other pro-
ceeding against any such person, it shall
be the duty OF the judge of said court
forthwith TO make an order thai any such
prisoner desiring discharge from said
Imprisonment to be brought before him
to be discharged and every officer of The
United States having custody of such
prisoner is hereby directed Immediately
to obey and execute said judges order; /;
and in case he shall delay or refuse so 20
do he shan be subject TO indictment for
n misdemeanor. and be punished by 8
fine of not less than five hundred dollars
and Imprisonment in the common Jail for
period not less thsnnsix months, in the
discretion of the court: Provided, h0tOeUer,
That no person shall be discharged by
virtue 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 Con-
stitution thereof; and that he or she will |
not hereafter in any way encourage or
give aid and comfort 10 the present rebel
lion, or the supporters thereof; And pro-
vided, also, That the judge or court before
whom such person may be brought, before
discharging him or her from imprison-
ment, shall have power, on examination
of the cpse, and, if the public safety
shall require IL shall be required or with
out surety, in a sum to be liked by said
Judge or court 10 keep the peace and be
of good behavior towards the United
States and its citizens, and from time 10
time, aud stsuch lines as such judge or
court may direct appear before said
jndge or court to be further dealt with,
according 10 law, as the circumstances
may require. And il shall be the duty
Of the district attorney Of the United
States TO attend such examination be-
fore the judge.


Sec. 3. Ind Be Il furiier enacted, That
in case any Of such prisoners shall DO
under indictment or presentment for any
offence against the laws Of the United
States, and by existing laws bail or re-
cognizaEce may be taken for the appear
Anoe for trial Of such person, il shall bo
the duty OF said judge ~ once TO dis
charge such person upon bail or recogni-
zAnce for trial as aforesaid. And In case
the said Secretaries of State and War
shall for any reason refuse or omit 70
furnish the said list OF persons held as
prisoners as aforesaid At the time of tho
passage of this act within twenty days
thereafter, and Of such persons As here
after may be arrested within twenty days
from the time of the arrest, any citizen
may, after a grand jury shall have ter
Minated its session without finding an
indictment or presentment, as provided
in the second section Of this act, by a
petition alleging the facts aforesaid
touching any OF the persons 80 as afore-
said imprisoned, supported by the oath
Of such petitioner or any other credible
person, obtaih aud be entitled 10 have
the said judges order TO discharge such
prisoner on the same terms and cOndi-
tions prescribed in the second section Of
this act: ProUidel, h0lcaSr That the said
Judge shall be satisfied such allegations
are true.


Sec. 4. And ts 4 Iutlrr eaadeL That
/ any order Of The President, or uudcr his
authority made At any time during tho
existence Of the present rebellion, shall
bs defence in all courts 10 any action
or prosecution, civil or criminal, pending,
! or 10 be commenced, for any search,