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HOUSE OF REPRESENTATIVES, November 10, 1864.—Referred to the Committee on the Judiciary, and read first and second times. December 8, 1864.—Amended, engrossed, read the third time, and passed.
1 SECTION. 1. The Congress of the Confederate States of America do
2 enact, That during the present invasion of the Confederate States,
3 the privilege of the writ of habeas corpus be, and the same is
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 officer commanding the trans-Mississippi
7 military department, by the authority and under the
8 control of the President, except as provided in the fifth section
9 of this act. It is hereby declared that the purpose of Congress,
10 in the passage of this act, is to provide more effectually for the
11 public safety, by suspending the writ of habeas corpus in the following
12 cases, and no others:
13 First. Of treason, or treasonable efforts or combinations, to
14 subvert the Government of the Confederate States.
15 Second. Of conspiracies to overthrow the Government or
16 conspiracies to resist the lawful authorities of the
Confederate
17 States.
18 Third. Of combining to assist the enemy, or of communicating
19 intelligence to the enemy, or giving him aid and comfort.
20 Fourth. Of conspiracies, preparations and attempts to incite
21 servile insurrection.
22 Fifth. Of desertions, encouraging desertions, and of harboring
23 deserters.
24 Sixth. Of spies and other emissaries of the enemy.
25 Seventh. Of holding correspondence or intercourse with the
26 enemy without necessity and without the permission of the Confederate
27 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
32 war held by the Confederate States.
33 Tenth. Of conspiracies or attempts to aid the enemy.
34 Eleventh. Of persons advising or inciting others to abandon
35 the Confederate cause; or to resist the Confederate States or to
36 adhere to the enemy.
37 Twelfth. Of unlawfully burning, destroying or injuring, or
38 attempting to burn, destroy or injure, any bridge, or railroad, or
39 telegraphic line of communication, or other property with the
40 intent of aiding the enemy.
41 Thirteenth. Of treasonable designs to impair the military power
42 of the Government, by destroying, or attempting to destroy, the
43 vessels, or arms, or munitions of war, or arsenals, 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 discharged from
48 the military service of the Confederate States, by means of the
49 writ of habeas 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 as an officer
52 of a State, shall have the privilege of the writ of habeas
53 corpus, as to such claim, as if this act had not been
51 passed. In cases of palpable wrong and oppression by any
55 subordinate officer, upon any party who does not legally owe
56 military service, his superior officer shall grant prompt relief to
57 the oppressed party, and the subordinate shall be dismissed from
58 office.
1 SEC. 2. The President shall cause proper officers to investigate
2 the cases of all persons so arrested or detained, and to discharge
4 in due course of law. But no person liable to conscription shall
5 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 officer shall be compelled, in answer to any writ of habeas
3 corpus, to 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 trans-Mississippi
6 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, further
10 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 suspension
16 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
4 be supported by affidavit, showng, from the knowledge, or from
5 the information and belief of the affiant, that the case is one of
6 those in which (as hereinbefore declared) it is the purpose of
7 Congress that the writ of habeas corpus shall 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 detention. The party arrested or detained shall be furnished,
11 on his request, with copies of the order and affidavit;
12 and like copies shall accompany the return of the officer having
13 charge of the party to the writ of habeas corpus.
1 SEC. 5. If any person shall be arrested or detained under a
2 like written order of any General officer of the army commanding
3 a department or district, (other than the General officer commanding
4 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 habeas corpus shall
8 be suspended until there shall be time for the officer making the
9 order, or the officer having charge of the party, to communicate
10 with the President, the Secretary of War, or the General officer
11 commanding the trans-Mississippi department, and receive a
12 reply, but not more than twenty days from the commencement of
13 the detention.
1 SEC. 6. This act shall continue in force for ninety days after
2 the next meeting of Congress, and no longer.