March 26, 2020
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 3d 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 that the privilege of the said writ shall now be suspended throughout the United States in cases where, 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 to the rules and articles of war, or the rules and regulations prescribed for the military or naval services by the 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 and revoked. And I do hereby require all magistrates, attornies 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 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 fifteenth 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.
Because all of the provisions of the Act referred to the Civil War, they were rendered inoperative with the conclusion of the war and no longer remain in effect.
The Habeas Corpus Act of 1867 partially restored habeas corpus, extending federal habeas corpus protection to anyone “restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States”, while continuing to deny habeas relief to anyone who had already been arrested for a military offense or for aiding the Confederacy.
Consider this article:
The Department of Justice has secretly asked Congress for the ability to detain arrested people “indefinitely” in addition to other powers…
Q mentioned this proclamation in post 3900. Given the escalating current state of affairs, will this proclamation eventually be resurrected?
Leonard Bacani is a retired Santa Ana Police Officer and the Founder of HOMELAND SECURITY SERVICES, INC. headquartered in Southern California.HOMELAND SECURITY SERVICES, INC. is a Private Investigation, Private Security firm and State Authorized Training Facility. Contact Leonard at LBacani@hssinc.us for assistance or call the office: (714) 865-1135. Website: http://www.homelandsecurityservices.com