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 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 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 throughout 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 and 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 conduct 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. [L. 8.] In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed, this (15th) 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 VOL. II.-29 Connor, George W., Private, Company B, 1st East Tenn. Cav. Smith, John W., Private, Company B, Curtis's Batt., Pioneer Brigade. E. D. TOWNSEND, Assistant Adjutant General. General Orders, No. 313. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Washington, September 17, 1873. The Fort at Rosier's Bluff, on the east side of the Potomac river, two miles bel Alexandria, will be called Fort FOOTE, after Rear Admiral A. H. Foote, U. S. Navy, who died of disease, June 26, 1863, and whose distinguished services in command of the United States naval forces upon the western rivers are well known. The Water Battery at Alexandria will be called Battery RODGERS, after Fleet Captaa G. W. Rodgers, U. S. Navy, killed August 17, 1863, in a naval attack upon Fort Wagner, Charleston Harbor, S. C. Fort Blenker, on the south side of the Potomac, will be called Fort REYNOLDS, after Major General J. F. Reynolds, killed July 1, 1863, at Gettysburg, Penn. Redoubt "A," near Fort Lyon, will be called Fort WEED, after Stephen H. Wes Captain, 5th_U. S. Artillery, (Brigadier General of Volunteers,) killed July 2, 186, at Gettysburg, Penn. Redoubt "B," near Fort Lyon, will be called Fort FARNSWORTH, after Brigadier General Evan J. Farnsworth, killed July 3, 1863, at Gettysburg, Penn. 66 Redoubt “C,” near Fort Lyon, will be called Fort O'ROURKE, after Patrick H O'Rourke, 1st Lieutenant U. S. Engineers, (Colonel of Volunteers,) killed July 2, 18 ›a at Gettysburg, Penn. Redoubt "D," near Fort Lyon, will be called Fort WILLARD, after George L. Willard, Major, 19th U. S. Infantry, (Colonel of Volunteers,) killed July 2, 1863, at Gettysburg, Penn. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General General Orders,) No. 314. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, The President of the United States directs that the remainder of that part of the se tence relating to confinement in the Penitentiary, published against John Clary, of Com pany "A" Permanent Party, in General Orders, No. 205, dated Washington, July 1863, be and it is hereby remitted. The Warden of the Penitentiary, at Albany, New York, will please discharge Cary from confinement on receipt of this order. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant Genera! General Orders, No. 315. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, 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 bereinafter 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 Labeas 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 beas corpus shall not be suspended, unless when in cases of rebellion or invasion the polic 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 Laited 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 authorzel to suspend 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 quire the privilege of the said writ shall now be suspended throughout 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 ettors of the enemy, or officers, soldiers, or seamen enrolled, drafted, or mustered or ested 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 and 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 proaim 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 conduct 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) day of September, in the year of our Lord [L. 8.] 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 above Proclamation of the President, issued on the 15th day of September, 1863, by ich the privilege of the writ of habeas corpus is suspended. If, therefore, a writ of beas corpus should, in violation of the aforesaid Proclamation, be sued out and served pon any officer in the military service of the United States, commanding him to proface before any court or judge, any person in his custody by authority of the President VOL. II.-29 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 habeas 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. Promotions and appointments in the Army of the United States, made by the Presi dent, by and with the advice and consent of the Senate, and by the President alone, since the publication of General Orders No. 181, of November 1, 1862, and up to July 1, 1863. Those made by the President alone are designated by a star. I-PROMOTIONS. ADJUTANT GENERAL'S DEPARTMENT. Major James B. Fry, Assistant Adjutant General, to be Assistant Adjutant General, with the rank of Lieutenant Colonel, December 31, 1862, vice Garesché, killed in battle. QUARTERMASTER'S DEPARTMENT. Lieutenant Colonel George H. Crosman, Deputy Quartermaster General, to be Assistant Quartermaster General, with the rank of Colonel, February 26, 1863, rice Tompkins, deceased. Major Osborne Cross, Quartermaster, to be Deputy Quartermaster General, with the rank of Lieutenant Colonel, February 26, 1863, vice Crosman, promoted. Captain Ralph W. Kirkham, Assistant Quartermaster, to be Quartermaster, with the rank of Major, February 26, 1863, vice Cross, promoted." SUBSISTENCE DEPARTMENT. Colonel Joseph P. Taylor, Commissary General of Subsistence, to be Commissary General of Subsistence, with the rank of Brigadier General, February 9, 1863, to fill an original vacancy. Lieutenant Colonel Amos B. Eaton, Assistant Commissary General of Subsistence, to be Assistant Commissary General of Subsistence, with the rank of Colonel, February 9, 1863, to fill an original vacancy. Major Alexander E. Shiras, Commissary of Subsistence, to be Assistant Commissary General of Subsistence, with the rank of Colonel, February 9, 1863, vice Taylor, promoted. Major Charles L. Kilburn, Commissary of Subsistence, to be Assistant Commissary General of Subsistence, with the rank of Lieutenant Colonel, February 9, 1863, to fill an original vacancy. Major Marcus D. L. Simpson, Commissary of Subsistence, to be Assistant Commissary General of Subsistence, with the rank of Lieutenant Colonel, February 9, 1863, vice Eaton, promoted. Captain John McL. Taylor, Commissary of Subsistence, to be Commissary of Subsistence, with the rank of Major, February 9, 1863, to fill an original vacancy. Captain Beekman Du Barry, Commissary of Subsistence, to be Commissary of Subsistence, with the rank of Major, February 9, 1863, to fill an original vacancy. Captain Robert Macfeely, Commissary of Subsistence, to be Commissary of Subsistence, with the rank of Major, February 9, 1863, vice Shiras, promoted. Captain Henry C. Symonds, Commissary of Subsistence, to be Commissary of Subsistence, with the rank of Major, February 9, 1863, vice Kilburn, promoted. Captain Thomas J. Haines, Commissary of Subsistence, to be Commissary of Subsistence, with the rank of Major, February 9, 1863, vice Simpson, promoted. MEDICAL DEPARTMENT. *Assistant Surgeon James T. Ghiselin, to be Surgeon, June 14, 1862, vice Wood, appointed Assistant Surgeon General. Assistant Surgeon John F. Randolph, to be Surgeon, August 27, 1862, vice De Camp, retired. Assistant Surgeon George Hammond, to be Surgeon, August 27, 1862, vice Edgar, retired. Assistant Surgeon Anthony Heger, to be Surgeon, September 17, 1862, vice White, killed in battle. *Assistant Surgeon Charles T. Alexander, to be Surgeon, February 9, 1863, vice Barnes, appointed Medical Inspector. *Assistant Surgeon Bennett A. Clements, to be Surgeon, February 27, 1863, vice Summers, appointed Medical Inspector. PAY DEPARTMENT. Lieutenant Colonel Timothy P. Andrews, Deputy Paymaster General, to be Paymaster General, with the rank of Colonel, September 6, 1862, vice Larned, deceased. Major Hiram Leonard, Paymaster, to be Deputy Paymaster General, with the rank of Lieutenant Colonel, September 6, 1862, vice Andrews, promoted. ORDNANCE DEPARTMENT. *Lieutenant Colonel George D. Ramsay, to be Colonel, June 1, 1863, vice Craig, retired. *Lieutenant Colonel William Maynadier, to be Colonel, June 1, 1863, vice Symington, retired. Major William A. Thornton, to be Lieutenant Colonel, March 3, 1863, to fill an original vacancy. *Major Robert H. K. Whiteley, to be Lieutenant Colonel, June 1, 1863, vice Ramsay, promoted. *Major Peter V. Hagner, to be Lieutenant Colonel, June 1, 1863, vice Maynadier, promoted. Captain Alexander B. Dyer, to be Major, March 3, 1863, to fill an original vacancy. Captain Franklin D. Callender, to be Major, March 3, 1863, to fill an original vacancy. Captain Charles P. Kingsbury, to be Major, March 3, 1863, vice Thornton, promoted, *Captain John McNutt, to be Major, June 1, 1863, vice Whiteley, promoted. *Captain Thomas J. Rodman, to be Major, June 1, 1863, vice Hagner, promoted. First Lieutenant Francis J. Shunk, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant Thomas J. Treadwell, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant George C. Strong, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant Thomas G. Baylor to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant Horace Porter, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant Theodore Edson, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant James M. Whittemore, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant Adelbert R. Buffington, to be Captain, March 3, 1863, to fill an original vacancy. First Lieutenant Daniel W. Flagler, to be Captain, March 3, 1863, vice Dyer, promoted. First Lieutenant Thomas C. Bradford, to be Captain, March 3, 1863, vice Callender, promoted. First Lieutenant Richard M. Hill, to be Captain, March 3, 1863, vice Kingsbury, promoted. *First Lieutenant William H. Harris, to be Captain, June 1, 1863, vice McNutt, promoted. |