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Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 10. (ed. Frank Moore)

Doc. 20.-suspension of Habeas Corpus, with rules of the War Department. Adjutant and Inspector General's office, Richmond, Va., March 10, 1864. General Orders, No. 31. I. The following Act of Congress for the suspension of the Writ of Habeas Corpus in certain cases, with the instructions of the War Department, is published for the information of all concerned: [No. 73.] an act to suspend the privilege of the Writ of Habeas Corpus in certain cases. Whereas the Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it; and whereas, the power of suspending the privilege of said writ, as recognized in said article first, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and whereas, in the opinion of the Congress, t

Whereas the Constitution of the Confederate States of America provides, in article first, sectioasion of these states by the armies of the United States; and whereas, the President has asked for The Congress of the Confederate States of America do enact, that, during the present invasion onations to subvert the government of the Confederate States. Second. Of conspiracies to overthro to resist the lawful authorities of the Confederate States. Third. Of combining to assist the eto liberate prisoners of war held by the Confederate States. Tenth. Of conspiracies, or attempts the Confederate cause, or to resist the Confederate States, or to adhere to the enemy. Twelfth. ies, workshops, or other property of the Confederate States. Sec. 2d. The President shall cause ssity, and without the permission of the Confederate States, or of combining to assist the enemy, orall apply to any court or officer in the Confederate States for a writ of habeas corpus, it will be [3 more...]

e suspension of the writ a measure proper for the public defence, against invasion and insurrection: now, therefore, The Congress of the Confederate States of America do enact, that, during the present invasion of the Confederate States, the privilege of the writ of habeas corpus be, and the same is hereby, suspended; but such suspension shall apply only to the cases of persons arrested or detained by order of the President, Secretary of War, or the general officer commanding the Trans-Mississippi Military Department, by the authority and under the control of the President. It is hereby declared that the purpose of Congress, in the passage of this act, is to provide more effectually for the public safety, by suspending the writ of habeas corpus in the following cases, and no others: First. Of treason, or treasonable efforts or combinations to subvert the government of the Confederate States. Second. Of conspiracies to overthrow the government, or conspiracies to resist the

befere specified, under the authority aforesaid, further proceedings under the writ of habeas corpus shall immediately cease, and remain suspended so long as this act shall continue in force. Sec. 4th. This act shall continue in force for ninety days after the next meeting of Congress, and no longer. A true copy: James M. Matthews, Law Clerk Approved February 15, 1864. II. There will be appointed by this department, for each military division of the Confederacy east of the Mississippi River, one or more competent persons as commissioners to investigate the cases of persons who may be arrested or detained by any military authority, for any cause specified within the above recited act. Information of all such arrests will be given to him by the department commander as soon as practicable after they are made, and he will proceed to investigate the same. If, upon examination, a reasonable and probable cause for detention does not appear, he will certify the fact to the Gener

Doc. 20.-suspension of Habeas Corpus, with rules of the War Department. Adjutant and Inspector General's office, Richmond, Va., March 10, 1864. General Orders, No. 31. I. The following Act of Congress for the suspension of the Writ of Habeas Corpus in certain cases, with the instructions of the War Department, is published for the information of all concerned: [No. 73.] an act to suspend the privilege of the Writ of Habeas Corpus in certain cases. Whereas the Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it; and whereas, the power of suspending the privilege of said writ, as recognized in said article first, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and whereas, in the opinion of the Congress, t

e officer or court issuing the writ, as affording the reason why time should be given to make a more complete return. IV. In all cases when the requisite delay cannot be obtained, it will be the duty of the officer having command and custody of persons embraced in the preceding section, or who may have in custody as prisoners any person charged under any of the sections of the above recited act of Congress, to make a special return in writing, and under oath, that the body of such persons so detained by him is detained by the authority of the Secretary of War, and that he declines, under and by virtue of his authority and the act of Congress aforesaid, to produce the body of such person, or to make further appearance or return to the said writ. V. The commanding General of the Trans-Mississippi Department will perform the functions devolving upon the War Department, under these orders, in that portion of the Confederacy. By order, S. Cooper, Adjutant and Inspector-General.

Doc. 20.-suspension of Habeas Corpus, with rules of the War Department. Adjutant and Inspector General's office, Richmond, Va., March 10, 1864. General Orders, No. 31. I. The following Act of Congress for the suspension of the Writ of Habeas Corpus in certain cases, with the instructions of the War Department, is publishHabeas Corpus in certain cases, with the instructions of the War Department, is published for the information of all concerned: [No. 73.] an act to suspend the privilege of the Writ of Habeas Corpus in certain cases. Whereas the Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that the privilege of the writ of habeas corpus shall not be suspenHabeas Corpus in certain cases. Whereas the Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it; and whereas, the power of suspending the privilege of said writ, as recognized in said article first, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and whereas, in the opinion of the Congress, t

ut upon the certificate under oath of the officer, having charge of any one so detained, that such person is detained by him as a prisoner, for any of the causes herein befere specified, under the authority aforesaid, further proceedings under the writ of habeas corpus shall immediately cease, and remain suspended so long as this act shall continue in force. Sec. 4th. This act shall continue in force for ninety days after the next meeting of Congress, and no longer. A true copy: James M. Matthews, Law Clerk Approved February 15, 1864. II. There will be appointed by this department, for each military division of the Confederacy east of the Mississippi River, one or more competent persons as commissioners to investigate the cases of persons who may be arrested or detained by any military authority, for any cause specified within the above recited act. Information of all such arrests will be given to him by the department commander as soon as practicable after they are made,

Doc. 20.-suspension of Habeas Corpus, with rules of the War Department. Adjutant and Inspector General's office, Richmond, Va., March 10, 1864. General Orders, No. 31. I. The following Act of Congress for the suspension of the Writ of Habeas Corpus in certain cases, with the instructions of the War Department, is published for the information of all concerned: [No. 73.] an act to suspend the privilege of the Writ of Habeas Corpus in certain cases. Whereas the Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it; and whereas, the power of suspending the privilege of said writ, as recognized in said article first, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and whereas, in the opinion of the Congress, th

he officer, having charge of any one so detained, that such person is detained by him as a prisoner, for any of the causes herein befere specified, under the authority aforesaid, further proceedings under the writ of habeas corpus shall immediately cease, and remain suspended so long as this act shall continue in force. Sec. 4th. This act shall continue in force for ninety days after the next meeting of Congress, and no longer. A true copy: James M. Matthews, Law Clerk Approved February 15, 1864. II. There will be appointed by this department, for each military division of the Confederacy east of the Mississippi River, one or more competent persons as commissioners to investigate the cases of persons who may be arrested or detained by any military authority, for any cause specified within the above recited act. Information of all such arrests will be given to him by the department commander as soon as practicable after they are made, and he will proceed to investigate the