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Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 7. (ed. Frank Moore), chapter 9 (search)
rvice, enrolled under this act, shall be divided into two classes. Thus those who are now (that is to say, on the third of March, 1863) in the military service, are not to be included in either of these classes. And as those then (March third) in trs or regulars who had been in the service, and who had been discharged therefrom, or had resigned prior to the third day of March, 1863, are liable to be drafted in the same manner as if they had never been in the service; no regard is to be paid t date of their discharge and that of the draft. Volunteers who were in the service of the United States on the third of March, 1863, and have since that time been discharged, are not therefore included in the first class from which the first drafnd such as shall be prescribed by law concerning the enrolment and calling into service of the national forces. (Act March 3, 1863. Sec. 7.) The twenty-fifth Section of the same act provides that if any person shall resist any draft of men enrol
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 7. (ed. Frank Moore), chapter 69 (search)
e instantly rejects these dangerous and unheard — of doctrines. It is not our purpose to enter upon an elaborate and extended refutation of them. We submit to you, however, one or two considerations, in the hope that you will review the subject with the earnest attention which its supreme importance demands. We say, then, we are not aware that the writ of habeas corpus is now suspended in any of the peaceful and loyal States of the Union. An act of Congress approved by you on the third of March, 1863, authorized the President to suspend it during the present rebellion. That the suspension is a legislative, and not an executive act, has been held in every judicial decision ever made in this country, and we think it cannot be delegated to any other branch of the government. But passing over that consideration, you have not exercised the power which Congress attempted to confer upon you, and the writ is not suspended in any part of the country where the civil laws are in force. No
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 7. (ed. Frank Moore), chapter 109 (search)
influence, including your Excellency, opposed, in the discussions before the people, the policy of the Mexican war, were they warring upon the military, and did this give the military constitutional jurisdiction to lay hands upon them? And, finally, the charge in the specifications upon which Mr. Vallandigham was tried, entitled him to a trial before the civil tribunals according to the express provisions of the late acts of Congress, approved by yourself, July seventeenth, 1862, and March third, 1863, which were manifestly designed to supersede all necessity or pretext for arbitrary military arrests. The undersigned are unable to agree with you in the opinion you have expressed, that the Constitution is different in time of insurrection or invasion from what it is in time of peace and public security. The Constitution provides for no limitation upon, or exceptions to, the guarantees of personal liberty, except as to the writ of habeas corpus. Has the President, at the time of i
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 7. (ed. Frank Moore), chapter 174 (search)
Doc. 171.-President Lincoln's Proclamation. Suspension of the habeas corpus in certain cases. A Proclamation. By the President of the United States. whereas, The Constitution of the United States has ordained that The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it; and, whereas, a rebellion was existing on the third day of March, 1863, which rebellion is still existing ; and, whereas, by a statute which was approved on that day, it was enacted by the Senate and House of Representatives of the United States, in Congress assembled, that during the present insurrection the President of the United States, whenever, in his judgment, the public safety may require, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof; and, whereas, in the judgment of the President the public safety does require that the pr