may receive from Medical Inspectors on duty in the Army, Department, or District in which they are serving, on all matters relating to the sanitary condition of the troops, and of the hygiene, police, discipline, and efficiency of hospitals. BY ORDER OF THE SECRETARY OF WAR: The following Act of Congress and Proclamation of the President, based upon the same, are published for the information of all concerned; and the special instructions hereinafter contained for persons in the military service of the United States will be strictly observed: AN ACT RELATING TO HABEAS CORPUS, AND REGULATING JUDICIAL PROCEEDINGS IN CERTAIN CASES. Approved March 3, 1863. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the present rebellion, the . President of the United States, whenever, in his judgment, the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or any part thereof. And whenever and wherever the said privilege shall be suspended, as aforesaid, no military or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or persons detained by him by authority of the President; but 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 under authority of the President, further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the said writ, so long as said suspension by the President shall remain in force, and said rebellion continue. BY THE PRESIDENT OF THE UNITED STATES-A PROCLAMATION. 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 the privilege of the said writ shall now be suspended through out the United States, in the cases when, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold persons under their command, or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled, drafted, or mustered or enlisted in, or belonging to, the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law, or the Rules and Articles of War, or the rules or regulations prescribed for the military or naval services by authority of the President of the United States; or for resisting a draft, or for any other offence against the military or naval service: Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do hereby proclaim and make known to all whom it may concern, that the privilege of the writ of habeas corpus is suspended throughout the United States, in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion, or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States, and all officers and others in the military and naval services of the United States, to take distinct notice of this suspension, and to give it full effect, and all citizens of the United States to con duct and govern themselves accordingly, and in conformity with the Constitution of the United States and the laws of Congress in such cases made and provided. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed, this (15th) [L. s.] day of September, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States of America the eighty-eighth. By the President: WM. H. SEWARD, Secretary of State. ABRAHAM LINCOLN. The attention of every officer in the military service of the United States is called to the above Proclamation of the President, issued on the 15th day of September, 1863, by which the privilege of the writ of habeas corpus is suspended. If, therefore, a writ of habeas corpus should, in violation of the aforesaid Proclamation, be sued out and served upon any officer in the military service of the United States, commanding him to produce before any court or judge, any person in his custody by authority of the President of the United States, belonging to any one of the classes specified in the President's Proclamation, it shall be the duty of such officer to make known by his certificate under oath, to whomsoever may issue or serve such writ of habea, corpus, that the person named in said writ "is detained by him as a prisoner under authority of the President of the United States." Such return having been made, if any person serving, or attempting to serve, such writ, either by the command of any court or judge, or otherwise, and with or without process of law, shall attempt to arrest the officer making such return and holding in custody such person, the said officer is hereby commanded to refuse submission and obedience to such arrest, and if there should be any attempt to take such person from the custody of such officer, or arrest such officer, he shall resist such attempt, calling to his aid any force that may be necessary to maintain the authority of the United States, and render such resistance effectual. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. GENERAL ORDERS, No. 323. WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, Washington, September 28, 1863. In section 10, act of March 3, 1863, it is enacted "That the President of the United States be, and he is hereby, authorized to cause to be enlisted for each cook [two allowed by section 9] two under-cooks of African descent, who shall receive for their full compensation ten dollars per month and one ration per day; three dollars of said monthly pay may be in clothing." For a regular company, the two under-cooks will be enlisted; for a volunteer company they will be mustered into service, as in the cases of other soldiers. In each case a remark will be made on their enlistment papers showing that they are under-cooks of African descent. Their names will be borne on the company muster-rolls at the foot of the list of privates. They will be paid, and their accounts will be kept, like other enlisted men. They will also be discharged in the same manner as other soldiers. BY ORDER OF THE SECRETARY OF WAR: I..The time for enlisting Veteran Volunteers under the provisions of General Orders No. 191, current series from this Office, is hereby extended to December 1, 1863. This extension will not be considered as securing rank and pay to officers after August 25, the limit fixed in paragraph VI of the said order. II..Under paragraph III of the aforesaid order, the first installment of bounty [section 1] is hereby increased to $60, thus making the "total payment on muster" $75; and the “remainder of the bounty," [section 8,] at the expiration of three years' service, is reduced to $40. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. GENERAL ORDERS, No. 325. WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, Paragraph 156, Revised Army Regulations, 1861, is hereby amended, to read as follows: A reward of thirty dollars will be paid for the apprehension and delivery of a deserter to an officer of the army at the most convenient post or recruiting station. Rewards thus paid will be promptly reported by the disbursing officer to the officer commanding the company in which the deserter is mustered, and to the authority competent to order his trial. The reward of thirty dollars will include the remuneration for all expenses incurred for apprehending, securing, and delivering a deserter. All Regulations and General Orders in conflict with this are hereby revoked. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. GENERAL ORDERS, No. 326. WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, Washington, September 28, 1863. The attention of General Courts Martial is directed to section 22 of the "Act for enrolling and calling out the national forces, and for other purposes," approved March 3, 1863, as follows: "And be it further enacted, That courts-martial shall have power to sentence officers who shall absent themselves from their commands without leave, to be reduced to the ranks to serve three years or during the war." BY COMMAND OF MAJOR GENERAL HALLECK: E. D. TOWNSEND, Assistant Adjutant General. |