[House Bill, No. 207. — Secret.] HOUSE OF REPRESENTATIVES, November 10, 1864.— llo ferred to the Committee on the Jadiciary, and read first and second times. December 8, 1864. — Amended, engrossed, read the third time, and passed. A. R. LAMAR, Cltrk. SENATE, December 0, 18G4. — Read first and second timea, and referred to the Committee on the Ju'liciiry, and ordered to bo printed. A. BILL To suspend the privilege of writ of habeas corpuSy in certain cases, for a limited time. 1 Section. 1. The Congress of the CoTifederafe States of America do 2 enact, That during the present invasion of the Confederate States, 3 the pririlege of the writ of habeas corpus be, and the same ia 4 hereby, suspended ; but such suspension shall apply only to the 5 cases of persons arrested or detained by order of the President, 6 Secretary of War, or the General oflicer coramanling the tran;?- 7 Mississippi military department, by the nuthority and under tho 8 control of the President, e.tcept as provided in the fifth section 9 of this act. It i"" hereby dpcLir^d that the purpose of Congrcs*, Ii> in the passage of tlii^ act, ir t > j roviJc more cffcctuallv for the 1 1 public safety, by suspending the writ of hatfcas corpus in the fol- 12 lowing cases, and 00 others: 13 First. Of trcftsoD, or treasonable efforts or combinations, to 1 4 subvert the Gorernraent of the Confederate States. ]3 S'coml. Of conppiracic!" to overthrow tbo novernment or 16 conspiracies to resist the lawful aTithorities of the Confederate 17 States, 18 Third. Of combining to awist the enfliny, or of communicating 19 intelligence to the enemy, or ^rivin:: liim aid and comfort. 2'< Fourth. Of con^piraciof?, preparations and attempts to incite 21 servile insurrection. 22 Fifth. Of desertions, encouraging desertions, and of harbor- 23 ing deserters. 24 Sixth. Of spies and other emissaries of the enemy. 25 Seventh. Of holding correspondence or intercourse with the 2G enemy without necessity and without the permission o-f the Con- 27 federate States. 28 Eighth. Of unlawful trading with the enemy, and other 29 offences against the laws of the Confederate States, enacted to 30 promote their success in the war. 31 Ninth. Of conspiracies or attempts to liberate prisoners of 82 war held by the Confederate States. S3 Tenth. Of conspiracies or attempts to aid the enemy. 34 Eleventh. Of persons advising or inciting others to abandon 3j the Confederate cause ; or to resist the Confodorato States or to 3G adhere to the enemy. s 87 Ttoelflh. Of unlawfully burning, destroying or injuring, or 3S attempting to burn, destroy or injure, any bridge, or railroad, or 33 telcgruphic line of communication, or other property \rith the 40 intent of aiding the enemy. 41 Tliirteenth. Of treasonable designs to impair the military power 43 of the Government, by destroying, or attempting to destroy, the 43 vessels, or arms, or munitions of war, or arseniils, foundries, 44 workshops, or other property of the Confederate States. 45 Fourteenth. Of any unlawful conspiracy with intent to injure 46 the Confederate States. 47 Fifteenth, Of persons seeking to avoid or be dif«charged from 48 the military service of the Confederate States, by means of the 49 writ of Lahtas corpus, unless the writ be issued, in any such case, 50 by a court or judge of the Confederate States of America. But 51 any person claiming exemption from military service a.s an offi- 52 cer of a State, shall have the privilege of the writ of habeas 53 corpus, as to such claim, as if this act hai not been 51 paoscil. In cases of palpable wrong and oppression by any 55 subordinate officer, upon any party who docs not legally owe 56 tnilitary service, his superior officer shall grant prompt relief to 57 the oppressed party, and the suborcinate shall be dismissed from 58 office. 1 Fft. 2 The President shall cause proper olTicers to iDvestigate 2 thp cases of all pervoDt so arrested or detained, aaJ to ditehtrgo 4 3 them if improperly detained, unless tbey can be speedily trieJ 4 in due course of law. But no person liable to conscription shall b be appointed under this section and no officer shall perform any 6 duty under this section except in the State of which he is a 7 citizen. 1 Sec. 3. That during the suspension aforesaid, no military or 2 other oflficcr shall be compelled, in answer to any writ of habeas 3 corpus^io appear in person, or to return the body of any person 4 or persons detained by him, by the authority of the President, 5 Secretary of "War, or the General officer commanding the trang- 6 Mississippi department ; but upon the certificate, under oath, of 7 the officer having charge of any one so detained, showing that 8 such person is detained by him as a prisoner for any of the 9 causes hereinbefore specified, under the authority aforesaid, fur- 10 ther proceedings under the writ of habeas corpus shall immediately 11 cease, and remain suspended so long as this act shall continue 12 in force, unless the writ shall have been issued by a court or 13 judge of the Confederate States, in the case of a person seeking 14 to avoid or to be discharged from military service, as mentioned in 15 the fifteenth clause of the first section of this act. But such sus- IG pension shall not apply to writs issued before the passage of this 17 act. 1 Sec. 4. Every order of arrest or detention mentioned in this 2 act shall be in writing, describing the person to be arrested or 5 3 detained and stating the cause of arrest, or detention, and s-hall 4 be supported by affidavit, fhowng, from the knowledge, or from 5 thu information and belief of the affiant, that the case is one of G those in which (as hereinbefore declared) it is the purpose of 7 Congress that the writ of habeas corpva fihall be suspended, with 8 particulars of time, place, and' circumstance as, from the nature 9 of the case, may be necessary to fairly exhibit the cause of 10 arrest or Qetention. The party arrested or detained shall be fur- 1 1 nishcd, on his renuest, with copies of the order itnd affidavit , 12 and like copies shall accompany the return of the officer having I ) charge of the party to the writ of habeas corpus. 1 Sfc. 5. If any person shall be arrested or detained under a 2 like written order of any General officer of the array commanding 3 a department or district, (other than the General officer com- 4 roanding the trans-Mississippi department.) supported by like 5 affidavit, in such case, upon a return, under oath or affirmation, 6 showing those facts and accompanied with copies of the order 7 and affidavit, proceedings under the writ of hohfas corpus shall 8 be fcuppended until there thall be time for the officer making the 9 order, or the officer having charge of the paity. to communicate n with the President, the Secretary of War, or the General officer II commanding the trans Missiesippi department, and receire • 12 rpply, but not n-.cre than twenty days from the conamer.crment of 13 the detention. G 1 Sec. 6. This act shall continue in force for ninety days after •2 the next meeting of Congress, and no longer. 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