APPENDIX I. HABEAS CORPUS BILLS PASSED BY EITHER BILL NO. 362, PASSED BY THE HOUSE, JULY 8, 1862. An Act to provide for the discharge of State prisoners and others, and to authorize the judges of the United States courts to take bail or recognizance to secure the trial of the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State and the Secretary of War be, and they are hereby, directed forthwith or as soon as practicable to furnish to the judges of the circuit and district courts of the United States and of the District of Columbia a list of the names of all persons, citizens of States in which the administration of obligation of the act by approving it, and his Secretary of War, Stanton, by 1 the laws has continued unimpaired in the said Federal courts, who are now, or may hereafter be held, as prisoners of the United States 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 such who reside in the 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. And in all cases where a grand jury having attended said courts, or either of them having jurisdiction in the premises, since the arrest of said persons, has terminated its session without finding an indictment, or presentment, or other proceeding against such persons, and in cases hereinafter provided for, it shall be the duty of said judges forthwith to order the discharge of such prisoner from said imprisonment, and every officer of the United States having custody of such prisoner is hereby directed immediately to obey and execute said judge's order, and in case he shall delay or refuse so to do, he shall be subject to indictment for a misdemeanor, and be punished by a fine of not less than $500, and imprisonment in the common jail for a period not less than six months, in the discretion of the court. SEC. 2. And be it further enacted, That in case any of such prisoners shall be under indictment or presentment for any offthe act were spirited away from the jurisdiction of the court. Appleton's American Annual Cyclopædia, 1864, pp. 450, 453; 1865, p. 414. In 1865, the President twice refused to obey the requirements of the second section of the act, and forbade the officers having the custody of the prisoners to surrender them to the court [Supreme Court of the District of Columbia]. The President endorsed on the writ of habeas corpus sued out by one of them: "The within named John Dugan was arrested on and is imprisoned by my authority. This writ of habeas corpus is suspended, and the officer having Dugan in custody is directed not to produce his body, but to hold him in custody until further order, giving this order on your return to the Court." The writ for the other, C. V. Hogan, was similarly endorsed. In both cases the court held that the President's constitutional authority to suspend was not restricted by the act-that the act was virtually null. 6 D. C. pp. 131-148; McPherson: History of the Rebellion, p. 562. No detailed investigation of executive violations of the act has been attempted, but the Congressional debates of 1864-1865 leave little doubt as to the conclusions which such an investigation would compel. They reveal sharp and sweeping condemnations of the executive authorities for their disregard of the act, made not only by political enemies of the Administration, but by such warm friends as Lyman Trumbull, Henry Winter Davis, Reverdy Johnson and J. A. Garfield. See Globe, 2d S. 38th Cong. pp. 63, 73 ff., 189, 255-257,, 318-320, 784, 1323-1333 and 1372-1380. ense against the laws of the United States, and by existing laws bail or a recognizance may be taken for the appearance for trial of such person, it shall be the duty of said judges at once to discharge such person upon bail or recognizance for trial as aforesaid. And in case the said Secretaries of State and War shall for any reason refuse or omit to furnish the said list within five days from and after the passage of this act, any citizen may, by a petition alleging the facts aforesaid touching any of the persons so as aforesaid imprisoned, supported by the oath of such petitioner or any other credible person, obtain and be entitled to have the said judge's order to discharge such prisoner: Provided, however, That the said judge shall be satisfied such allegations are true, and shall also, in all cases included in this bill, or if the public safety shall require it, have power and be required to take a recognizance or bail from such prisoner to keep the peace and be of good behavior toward the United States, and also to appear before the proper court, if he shall deem the same necessary after due examination of the case. And it shall be the duty of the district attorney of the United States to attend at such examination by said judge. SEC. 3. And be it further enacted, That it is, and shall be lawful for the President of the United States, whenever, in his judgment by reason of "rebellion or invasion the public safety may require it," to suspend, by proclamation, the privilege of the writ of habeas corpus throughout the United States or in any part thereof, and whenever the said writ shall be suspended as aforesaid, it shall be unlawful for any of the judges of the several courts of the United States, or of any State, to allow said writ, anything in this or any other act to the contrary notwithstanding.1 BILL NO. 591, PASSED BY THE HOUSE, DECEMBER 8, 1862. An Act to indemnify the President and other persons for suspending the privilege of the writ of Habeas Corpus, and acts done in pursuance thereof. Text is given above, p. 248. 'Globe, 2d S. 37th Cong. pp. 3105-3106. SENATE SUBSTITUTE FOR BILL NO. 591, PASSED BY THE SENATE, JANUARY 27, 1863. An Act to regulate Judicial Proceedings in certain cases therein mentioned. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any officer, civil or military, or against any other person, for any arrest or imprisonment made or other trespasses or wrongs done or committed, or any act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or any act of Congress, and the defendant shall, at the time of entering his appearance in such court, or if such appearance shall have been entered before the passage of this act, then at the next session of the court in which such suit or prosecution is pending, file a petition stating the facts and verified by affidavit for the removal of the cause for trial at the next circuit court of the United States, to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court, on the first day of its session, copies of such process and other proceedings against him, and also for his appearing in such court and entering special bail in the cause, if special bail was originally required therein, it shall then be the duty of the State court to accept the surety and proceed no further in the cause or prosecution, and the bail that shall have been originally taken shall be discharged. And such copies being filed as aforesaid in such court of the United States, the cause shall proceed therein in the same manner as if it had been brought in said court by original process, whatever may be the amount in dispute or the damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding. And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so at tached to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment had it been rendered in the court in which the suit or prosecution was commenced. And it shall be lawful in any such action or prosecution which may be now pending, or hereafter commenced, before any State court whatever, for any cause aforesaid, after final judgment, for either party to remove and transfer, by appeal, such case during the session or term of said court at which the same shall have taken place, from such court to the next circuit court of the United States, to be held in the district in which such appeal shall be taken, in manner aforesaid. And it shall be the duty of the person taking such appeal to produce and file in the said circuit court attested copies of the process, proceedings, and judgment in such cause; and it shall also be competent for either party, within six months after the rendition of a judgment in any such cause, by writ of error or other process, to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action, in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said circuit court in such action, in the same manner as if no such removal and transfer had been made, as aforesaid. And the State court from which any such action, civil or criminal, may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall fail duly to enter the removal and transfer, as aforesaid, in the circuit. court of the United States, agreeably to this act, the State court by which judgment shall have been rendered, and from which the transfer and removal shall have been made, as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made: |