HI
i!rV
ill "
W W iV
J'
r I
. f T a r- 1 1 l
a i -
NEW SERIES;-
tifEMOOfAi t ac.- ij.mzij i
. . . . .' l1 m. T w I r r w w
ednesday ;
A "13 .llOLIwirii
every
i iter i-eri'xl t-1-a.ii m c months. , and no
-:i-;Ltr beat liberty to discontinue
ft - .... T . t I
.HlicrrJl'.lUH anviragra arc paui. n
Jaith" option .f the edit.. Any pr.
v j-:W-t.:v.
f'r nintns wu re cnaj
t.l OS DOLLAtt, liule.-
the . iiiuney
t.jii U: ilva"ce.
Kivertlrtllii? Kates. .
" )n: iuiii i'ii. Two do. Tl.Tce do
i TO $ i a J I, on i
00
uu ',
J 00 s
,o j ;
i I.i-.Mitb?
0 d-.
a oo
J 50
" CO
9 00
V2 00
12 00
5 00 !
'o 00 i
!5.,.xre lines 4 0'
f s-iii .i,.-. j 36 line I 600
! 00
ll 00 J
- -c i
15 00
35 0(
mm y
LMtcr from Hon, C R Bucfm- f
lew. -
V c ft-lWin-i a lotK-r of the lion! I
" ' I
r . ! .. fl.n f i jim
u rii ."-
ftl'x flub, on the
celebration o! ms-ii- ;
i ta:n?. ' ; trie ueience and maintenance of tho
1:?v, 4 -rNir ri r Cksis. if not paid ! lrtmacy . of- the Constitution and
Li on hi : and Two Dollar if ; Pnation of the Union, with all
j .- hittt aw VII I PT V I : vm! I
':" :;;,,;! ,h termination of the vear. ; dignity, equality and rights of the
'"el .'irirun will be received for a Suites unimpaired, and. explicitly
l'.iiih'luT : ; rabut violence tf 1 hihip nvl larri?on,
lol' N, Cv:i K'., Chiurman of Coin- ; beeame of inom consequenee at Wash-
' iiigton thuii the views of the giv.-.t nia-""--
. ; .1 1 ' 1 .1 1 r -.l
l)r,k Si!' : lu rvsjH-.iiH? to vour
v imitation. 1 have 10 0xpre- snse j
- p. tiular e ..:: ie:'!:.:i xhju the ne-
cprtiij oT ehaning our ruu rs and ocr-
tLroVm-tls ir oivsei.i ihm.-v. or n:icken ;
j,-.'.!ir i.al fur
the
neruiuflL.hiu.-ul of
iju-n.r'arit oi--fn.
A o tttc.V n that ibe i--untrT I niis- 1
S. 'rL iLe Jtiisiaau-ed." a:J lib- I
1 - - j - - .
rrtv in tfi w .n-.vvi!..r tr .!.-
wLIie L-iivJ ai: 1 iLotirand.-. aTv ulef t. in-
E:1.! eriticat, who gave to -ov- .
i...i., r
' .f1 fj::d.-d hij3ii comrik-te co nil- i
.tv. t-vrlv? ci'.nitlis a-'j. Tlie dav of
iri. Lea.,KI- ms,i.,n. and ,f e.,n:i n. ?
un-'f Mi- iaa tPi;.-t m OTir ruk-rs
O I ' - - . 7 .
jv't:.iJ tha k.ke.:-nd dutl.s f
Hi' Mi
:uiiea puLUi-t .p'u ?. which may U; j aniwimcwi, iiaoing enormous cx- Manifestly, tlien-iore, our true Imc ot
ia-r..l:.,ci V) vvur n..-v -ting the i.-Jd'inst. . !", doubling the diilieullies of th IH,!icy has been to dhidc thei.i r to con
Ar,l l "'il..this wrv ehecitii'-, ivh!:ou-h I contest, and in flat contnulivtion of the ; filiate a part ' of their 'pulniion. and
ouiru-: kn-..v that'ariT wcnli of mine will j -'lenin declaration up'n the object of the j dampen the ardor ofthe revolutionary
i 'illC
- .: '--l.-.r.. ; " !
i. - .
i iii-'a will- now be
li-.fl- :r.i.-ii: 'ent Conm:
-;,.'c i-i the c ir,:r uimi-1 of the war
n,.- sm'uit of this will be to perfect !
.. ... i.. -vi ii .Tiiii). man -nas
;il revolution irj the
North and
,,;'-;. b--,,.i bv t- lute rlee'i.'i;3 and to
h- I.-pi;biican p iriv wi'h if i
t:,n..l ,,a. i .ns, it f ;natleim, it. eor-
1 ' )
f j'Ui'ii, aii l it u.er.par ity, peri::aneiitJy
-iii i-j'.nr.
Tut mil das t: aceompiirhed in
count rA-? to preserve its unity
lii.-ttv ? And if these vital objects
U- .'url, either ,ner or later, by j
r,.,or:;::,n of the Demr.itic nartv j
;-Avr u;-n what Iiey
all that
i?'-'.v act in t!;vir aitaiiiuvnt ? These
'i .r am timely and important enough
J"-' ipy t!.? spaee and leisure now at
1 1;.T ? rmruvL Coiiiiil.-te control in the
-- hJ ---' can ue K'eureu to uu.
. ... . ".l
i ia O.-tub-. r next. Control of the
1 r-l gver.me:it can be obtaineil by it
1 J'-w later, ia the election of lVetident,
--iu..:. :;,r,t i'uL. renovation cf Congress,
'-"""'5 s'n.Jl go on an-1 be consunsa-
ne time Lore mentioned must elapse
-'j- lnr.vi-r e-in lie .-.nnlef e!v lod-'t-d in
1 i J
; before the work of recn-
vtii t!:e Union, and thoroughly rc-
''"a gjvcmiHent Can be performerl.
' in!1 n:i.n - l.-.. .,f tfin .
....c-.,.i;14- iiv. Jill. VI. v iaMiuiii
und,nr. ? To what measure of
lil:!.; wc subjected 1
Hie Public !
' 1 -ii'. be swollen enormously : a linan
i laay come sweeping awav pn-
j toriw:s, and cripp!!r. public credit
I" ''-: ; and it is not impossible that
rft-r ; an i it is not impossible mat,
hour of desperation our rulers may I
tl,e war, and place the barrier of
.t v, or the i.unirtincnce f B
nc - -.-.'.lUll, 111 fc!U T V l.UUIVIt.
:v:: !- 1 . . . . .
v t "u:';iL'iy more are great nangers in
'j"- "iinieikiJe lutuiv. snd' annrehension
, . . . 1
1 is tiiii'rr, ainl justified by the
"f the past two rears. Hut
I this period of danger, of trial, of
- luis interval whieh separates, us
x tie dav 0f ri-ief an1 jcuri.y liat
be the attitude of our party toward
ni-sratir.n and the war! Has
-a may reaorib'y be asked bv the
-Uaii
nUa sn this Stnti. 1 l. thn.wnn.1i
W States who are wiiiinj to joia in I
,a ine reaempuoa i me
. "' T'tion may be anwcrd, in
SLl: .tl- L - . . .
sjfv3 War was announced 'in the
. - "J resolntir nf PrvrrrrKa wKieK
' . . c ' .
v .Aorth and South, nnd to foreign
"tn.-. .. . - ' . . 0
THE BLESSINGS OF GOVERNMENT, LIKE THE
mcnt in its prosecution. Hat resolution
- .
announced the object of the war to ho.
eu
the the
several
denied
that it was waged in any spirit of op
pression, or for any purpose of conquest
or subjugation, or purpose of overthrow
ing or interfering with the rights or estab
lished institutions of the Southren States. 4
. This clear ami emphatic resolution was
accepted and approved by the Democracy,
by the lord?r State?, and by consci-vatirc
men genernlly, :uid thercumm alii the.
marriuhcent resources of the - nmntn- in
mcn ard moncj' were v.ut at the dipotal'
- j. ...
ic uuiiiuusirjiiun, io- uie prosecuucp
f tI,c war in accordance therewith,, and j
11 na cuminana ot those resources ,
unopposed and almost unquestioned down J
tu tm,? Lour- !
iut the tune came when this ground of
a contest for the Kinveniaey of Hie Con- j
vi. ivi kiiW n ViUfctvjr Jk 1 IK; V I U
titutiuu iu1 the jwmaiion of ,tL
Union, became la the policy of the. ac
tlie :
policy ot the. ad-
H"atsonf connected with, if not sub-j
ordinated to, another and different obiect. !
; Tlo tinsel rhetoric of Sumner, the the-
: .
t.;oHiil nitcranrrs ..f Cn-i iv ut-uX tlt..
. - - j 1
:JU"J ' u:c ji.tc mi- im-ui luiiu
of he luilion. A. fo!iey of e.naneijiuiioti
war, just recited Anl this was done by
iVe. - idontial decree the f:at of single
ma:l with ut- ai.t o.ity. and at iho ': -
ot uiru wuw fluu.y w jin;iij; me ;
IO U,I,? eur rulers,
To ,,as IU"1 to 11 llke d-. p irtiires from
. 1 .
.1 . i .r..-.r f e l t.
v'iuiuiori ant irx'm "ou jauu .ui
0,,,k! I1011 M'e an'
(hkI
must remain,
'"rably opposed. 1 say ULc ttytr-
I, f' ,r ,,,e leteucc of imntary nwvssity
,ilKn whIcU . ciuaueijKitWii has been an- I
nonnccd, has lecn extended to other- sub-
! . .
J""" !"'W3 lI,e r"nus OI " -negro as
.i. . .i i i ..t:
izure of eiiizi-iis in States untouched':
bv revolt, and tlHir inrarcen:t:n in dis- '
taut prisons, remote from Wit;uss s who :
niv' - iil t"'v Ult,,r wvor, -n.u irom ;
ffic,ul? "ho ,niShl intVrcw!e 1i'r, iI,,in'
. .. . .-.. , r :
ol .t,,, ,lM,t lu"c,u V1 l.Z nnu '
deserves, all ftbe ccndeinnation- it is rc- j
ce,vmo flum the l . !
lrh- r',i C'ountn-, the am..- ;
. ... ...!..... l..r..l. -,-... .!.. 1 Tf.. i
versjiry of who birth you celelrate, !
' i had no conception of a doctrine of mili- , slcCr forCv to compel complete submis
tii.:e ! ,a,'-v iert'??ty as a substitute for the Con- ' , .- poiif-y, r.t once inealculating
lit at ton txiid laws ol tne janru.nur oi ,
t,lwe tHlelu.e!,unhai.:cd powers now
a. - t.Hlto cxi.-4 the 1 lenient as Com- .
n'a,'d-'r '":CI" ol ."
of the United States and of the militia of. tiemo:i?trated on the plains of Mana.-sas
the States when called into actual service, i anj m t-na wnnipS of the Chickahominy.
nor ciui we recognize them except us -j,e fou.se of events taught us that nssis
basehss pretentions, to be put down j (ancc wouij useful, if" not indispensa
with strong public disappixbat':on at the . . . to tlie Tvat work of snbduing rebellion
, earliest possible moment. Washington' :
views ot military junsuiciion iuiu. tun- . IJecognizin- this truth, tne men in
duct in time of insurrection, were given ' p0wt.r turned their atlcnlioii to the
to the army sent by him to quellthe negroes--the subj.-ct nice of the Sout li
re volt in. Western l'emisylvania in 1701, ; anj prop0fie to arm and employ them as
when rhe admonished theni, "that every i aes the war. This exjK?riment is
ofticerand so.dicr will const qi
uently bear
in mind that he conies to
suport tae (
iliary unbe- j
law s, :uid it would be pecuuary
coming in him to be in any way the m- ;
fraclor of them ; that tho csscntud . prin- j
cipiesof.tirec government coii ine the ,
province oi ineiuiutry neu u
on such occasions, to those to objects;
- . . ."..
" suoU occasions, to ir.ose io oueetS ,
I . . . . . . .. 7 n
IO ccmDai M1UUU'' 't "
, u. .umri ' "Ti
national will and autnorny ; .w ,
. .i ...
aid and support tlie civil magistrate
bringing offenders to justice,- The dis
.st.ee 1 lie dis- .
i belongs to tac
. . .
Pon ol tins justice belongs to
l magistrates, and let it ever be
pntfc and or 7 to tow the were
Olir I
,
sacreu ue- j
posit there inviolate. ' . P '
. In the spirit of this admonition, and of
the constitutional doctrine that " the t
military shall, in all cases and at all
times, be in strict subordmation to the
civU power," we must stand opposed to .
trie vu v v.iw j f - . j x j
in" it to other purposes than those appoint
ed and regulated by law ; as the seizure
of private property of non-combatants' not
legally iianle to confiscation ; the seizure
Ol WrW8 Ol "i-t.j 1
r 1 . If A.A-. m v-.l VkTr f 11 rw r
mslructiou, transportaUon, drill and pay-
mcnt, as allies ; uie seizure it-m iuii'iwii
ment of northern freemen, without ktw
and against it ; the suppression of news
papers, cr the closing tf the mails against
them, and the encroachment upon the
State jurisdiction by tho appointment of
j 1: os:ii DT.mtn tKiwera
el"lu' l'11 v"- 1 .
t ..1; ...! v. nn.l nnVnnsrn to the law B.
DEWS OF HEAVEN, SHOULD BE
EBENSBURG, PA. WEDNESDAY, MARCH
"What is asked is that the military power
shall be applied and confined to its appro
pi late ups ; that there shall be no invasion
upon liberty by it in "short, that it shall
be subjected to tW domination of estab
lished laws. And we are perfectly per
suaded that government will be all the
stronger, all the more successful, bySbl
lowing tliis policy and sternly refusing to
yield to the temptations which adail
those entrusted with authority in revolu
tionary : times. Let our rules carefully
imitate the example of "Washington, who
exercised military powers in the Revolu
tion with constant respect for j the laws
and the authority of the Continental Con
gress unsettled as the times were, and
fruitful of pretexts for departure from
rc;r.:i:!r and legitimate action.
f addition to the signal
advantages
bu h will 1v wmml t nor "u.-:ci lu
reversing the oliev of the 'administratiJn
by cftablWilns other and truer doe-
trines tli:m " those iust examiueil the
Democracv can take into nccouut as one
of the agencies for restoring the Union,
the powerful and invidoablc aid of allies
j the border and Confederate ' .States
,nr,. wl,.i l-iv mi intf ivmi? relnetant-
I,- .... r.,aon1 .l'lvlrl.v? ;..i;
d
..wv
lltll H. li.-, UilVJVl l.lill til IIHJ v..itVfli
shall assume. . The issue of the war has
always depended iis much uj:i the "de
termination and union of the Confederate
State? as upon the magnitude ot the
vfforts put forth, by US ngaii.rt them.
spirit by subjecting it to eonsenative
Oppcsition in the very communities where
it aros-. - 'llie subjtigation of the South
j;V tlie mere exertion 01 pnvsieai loixre
against it, assunnng it to be reaiiy umica
and in earnest, is a work of extreme difTi-
eultV anil rjiiIroe nmoiml of vriaAon
and vigor which our 'administration ha.-
failed to exhibit. In a war of invasion
upon the South, most formidable natural
obstacles arc to be encountered, and also
the powers of the enemy, and our stre ngth
must be, or be made to be, adequate to
overcome bet!'.. In thort, m tins case,
tt'.'i's in the enemy's country wen necessary
to eerisiin or prompt micccss, and to e-
eure them all the arts ' of policy anil all
the means of conciliation within our
power, should nave ixxii exeiun.
. lU.t wliafw the policy of our
.... . .
nilers T
Is it not written in
bistorv of the
Cvi teflon Compromise and of the IVaee
Conference resolves? in Congressional en-
:lctmcnt3 .in1 Presidential proclamations ?
. 'I- , . 1
x no ..0nciliation. but only
i ,-,,. Wj,s rwrsisted in until
repe;ltcd disasters c
y ttllJ im?otKcj.i
allies, utterly scoutc
came io exnioii us im-
Yes! the wcessity ot
itcd in the outsi t, became
restoring the integrity of the Union.
j-lkeI to carried out, to be fnely le&t-
e anij to produce results which, to say,
tl leasi Wll instructive to future
tmc8
. Jn mrkeJ contrat tii this desperate
c -mcnt tWe ,en look for
alliance-and aid to the" white nice our
i -.,.i,,i ..,i ,.,,.,.-.
own sioch. .iiivt ... r.rr
secure their co-operation in restoring the
lTnion liv a nohcv cl concination, ana oy
; j .
j "j i
. cxainnlc ufa return by our own -gov
t to a truc constitutional rule, un-
infl..cnccj Ly : fonatical paon and
of all State and individual rights
w V , . , 1 . . r.tUnni ' In ltiir
j, t;sii.i.-.v.v J
.- thc conjenative clement along the
bonier and in the South is to be encour-
lovc.loptHij nol repelled, spurned
in?uited . .
:Gk owaMX is aoabtless to be
, Sinistra tion charged ' with
rta great war, and particu-
larly a civil war. The dilhcultics to be
surmountetl are great, and often the
course to be pursued is but a choice be
tween evils. At such a time a generous
mind will not seek occasion of offense, and
can overlook small points of objection in
reviewing public affairs.
, .liut the subjects now brought into - de
bate by the policy of government are
fundamental and vital ; it is impossible to
be indifferent to them, and it wonld be
unmanly to evade them. Frank, full,
open debate upon tliem, will lead to , use
ful conclu0BS and give due direction to
DISTRIBUTED ALIKE. UPON THE
oar cflbrts as citizens of a ' broken and
afflicted country. . ' ... ;
It results frotfc what has-been said,
that the administration now in power may
expect from the great mass of those poli
tically t pposed to it, . acquiescence in ' a
legitimate exerdas of the powers with
which it is invested, whether relating to
the war cr to internal administration.
But they will claim and exercise the right
of discussing the wisdom and constitu
tionality of its policy, and will resist, by
all lawful means, any attempt to prevcrt
the war from its true object, or to use the
war power as an instrument for . introdu
cing arbitrary rule amongst, us..
And they will labor tc prepare the way
ibr the complete xe-union of the States,
upon their accession to power; or, if (in
co:.trad'w.ticn of their fears) such re-union
should previously lw achieved by arms,
then to confirm it and render it real, cor
dial and perjK'tuaL
Let it be distinctly understood that the
great mass of the Democratic party;; and
of the conservative mea of the countrv
have never agreed, do not now agree, and
have no intention of agreeing in future, to"
a dissolution of the American Union foun
ded by Washington and his compatrio.s.
find that they will not cease their -f-fTbrts
for its complete restoration in its original,
pristine vigor. But to accomplish this
purpose, they, unlike their opponents,
will use all legitimate means of restora
tion, and net physical force alone. This,
may be boldly and openly announced,
everywhere, and ought to . be . excepted
everywhere, as the ' only reasonable and
patriotic ground upon which a party caa
stand that desires and intends to .-ave tlie
country.
The administration has delibenitcly
cast away all means of restoration, except
pi lyrical force, mid has called into exis
tence great and unn-Hx-su-y obstacles to
wicccss. untiL notwithstanding the imme
diate ditr.-i-ence of apparent strengiu Ov-
tween the jarl'ies to the war, its issue
hangs trembling in the balance. But let
us not despair of t he future. ' Out of
this nettle, danger" we may yet "pluck
the flower, 'safety. We may hope that
the remaining months of Mr. Lincoln's
term will be got past without complete
exhaustion, and the point of time arrived
at, when a vigorous ami truly great par
ty, clean-handed from tlie ist, thorough
ly Union, upright, just, patriotic and
bnive, will assume josesion of the powers
of govenunent. And then, this party,
with an old Llstory identified with, 'the
glories of the country binding it to sympa
thy and affection in every quarter, with
no rcliish, local or faiuiticrd passions, to
weaken or mislead it ; with a generous,
even-handed, impartial, time-tried creed,
conformed to the Constitution, and spring
ing naturally from its principles this
itfirty, thus qualified to speak to the whole
land, and to be beard with affection and
reverence", can and will command these
wild waves of human passion to be still,
and, rejecting aiikc tho fanaticism of
Boston and of Charleston, will lvbind
these great States together, in enduring
bonds of interest and sympathy!
I am, dear sir vcrv truly yours.
: C. k BUCKALEW.
BicooMsr.t no, Feb. 20, 1803,
Tlie Constitution tlio Basis or
tlie L'uloia.
Tito Clearfield Republican sp-aking of
the usurpations of the , Abolition party,
tlie future prospects of our country &c,
says :
"11 If the Constitution,
with its wholesome provisions, is made a
dead letter, it must .be restored. If Ott
SLiU, in Cir suvG-cijn vtywitie, fiave been
iynurcd. they muM be rcbiztittnl ami (tHoiccl
toexircisecixiyriytt tJiey urre. entiled to
tinder the oriiinal eotmnict. Iess tlinn this
will not suffice. Armies may be raised
drafts made conscription laws passed
the country paralyzed in its commercial
industry exorbitant Uixes levied, but all
this will not restore the Union. Keason
ing must take the place of fighting and
fighting cease. If the present Adminis
tration accommodates itself to the wishes
of the people as expressed in the elections
held lately, it will live in their respect, be
supported by- their strength, and invigor
ated by their love and . be enabled ,to
support the dignity of -the -American eo-
Ilc against all foes from within and with
out. But if these friendly ' admonitions
are unheeded, the fate of all usurpers in
all ages will bctheir reward.
C2T A bill for the erection of a new coun-
ty, to be called lacKawaua, out 01 tne
northern townships of Luzerne county,
has passed the Legislature and been sign-
ed by the Governor. It lias yet to be
ratified by a vote of the people of the
county, in accordance with a Ute Jra-
mcnt of the Coustitutioiv .,. . .
IHSH AND THE LOiT. THE RICH AND
18 1863.
The Indemnity Bill.
AN ACT
Reluting to Habeas Coryusy and llegula
lating Judicial proceedings in certain
cases.
lie it eitacted by Uie Senate and House of
JitjrefentntiiYS vf ike United States of
America in Cojxjtvss asentbta!, That during
the present rebellion, the President of the
United Suites, whenever in bis judgment
the public safety may require' it, is au
thorized to suspend the privilege of the
writ of halieas corjats in any case through
out the United States, or any part thereof;
and whenever and wherever th said privi
lege shall be. suspended as aforesaid, no
military or other officer shall lie compelled,
in answer to any writ of habeas corpus, to
return the body of any person or person
detained by Lim by . authority of the
President; but upon' a certificate, ender
oath, of the oCioer having charge of any
one so dwtiiiued, that such persou is de
tained by him as a prisoner, under au
thority of the President, further proceed
ings under the writ of habeas corptis .-hall
be suspended by the judge or court having
issued the said writ so long as said sus
pension ty tha President shall r.iuaia in
force and said rebellion continue.
Sec. 2. 'And be it further encurtiu, That
the Secretary of State and the Secretary
j of War be, ami they are hereby directed,
as soon as may be 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 the States in
which the administration of the laws has
continued unimpaired in the said Federal
courts, who are now, or may hereafter be,
held as prisoners of the United itates, by
order or authority of the President of the
United States or cither of said Secretaries,
in any fort, arsenal, or other placej as
State "or wauui or pjherwise
than as prisoners of. war ; the said list to
contain the names of all those who reside
in the respective jurisdictions cf said
judges, or who may be deemed by tlc
said Secretaries, or either of them, to have
violated any law of the United States in
any. of said jurisdictions, and also flic
date of each arrest the Secretary of
State "Yd furnish a list of such persons as
arc imprisoned by the onler or authority
of the President, acting through the State
Department, and the Secretary of War a
list of such as are imprisoned by the order
or authority . of the President, acting
through tlie Department of War.'" And
in all cases where a grand jury, having
attended any of said courts having juris
diction in the premises, after tlie passage
of this act, and after the furnishing of
said lift, as aforesaid, has terminated its
session without finding, an indictment, or
presentment, or . othes proceeding against
such person, it shall be the duty of the
judge of said court forthwith to make an
onler that any such prisoner desiring a
discharge from' said imprisonment be
brought lefore him to be discharged ; and
every officer of the United Slates liaving
custody of such prisoner is hereby, directed
immediately to obey and execute said
judge's onler ; and in case he shall delay
er refuse so to do, he shall be subject to
indictment for misdemeanor, and bi pun
ished by a fine of not less than five hun
dred dollars , and imprisonment in the
common j:til liir a period not less than six
months, in the' discretion of the court :
Prui-Uleil, hoicevcr, Tliat no person shall
be discharged by virtue of the provisions
of this act until after he or she hhall liave
taken an oath of allegiance to the govern
ment of the United States, and to support
the Constitution thereof ; and that he or
she will not heren'tei-, 111 any way, en
courarre or give aid and comfort to the
present rebellion or the supporters thereof:
Aiutprovrl;'!, a;so, 1 hat ttie juuge or court
before whom such person may be brought,
before discharging him or her from im
prisonment, sliall have power, on cxtmi
nation of the case, and, if public safety
shall require it, shall be required to c-.uiC
him or her to enter into recognizance, with
or without surety, in a sum to be fixed by
said judge or court, to keep the peace and
be of cood behavior towards the United
States and its citizens, and from time to
, - ,
as such jude or
tr -i i
before said lu-lre
u ...:,i. ' 1
time, and at such times
court may direct, appear
or court to be further dealt with, accord
ing to law, as the circumstances may re
quire. And it .shall be tlie duty of tlie
District Attorney of tlie United States
i to attend, such examination before Uie
judge.
Sec 3. Ami be it 'urtsr enacted, llutt
in ca any of such prisoners shall lc
under indictment or pre!Mitment lur-.-tny
j offence against the laws ul t-; I tuted
-.State.-, ana by evKuig raw uu ra rr
.cvui:ne amy bj; tak-t Ai th-; ajmr
THE POOR.
VOL . 10--NO. 15.
ance for trial of such j'ervjn, it tha'! !?
the duty of said judge at once to discLarg'
ftuch person upon bail or recogfniznee for
trial as aforesaid. And in cas. the tuid
Secretaries cf State ond War Vhtdl fr r .y
reason refuse or omit to furulnh the s.l'l
list of persons bcld as inisoneri ii afo: i
said at the time of the pasi of this
within twenty days thereafter, joii of sutL
persons as hereafter may be arreted v. i'.
in twenty days from the time of the arrest,
any citizen may, after a grand jury thnll
have terminated its session without find
ing an indictment or prcfentment, as j pro
vided in the second section of this act, by
a petition alleging the tct3 aforesaid
touching any of the persona so as rS 1
imprisoned, supported by the oath of :u.L
petitioner -or any other credible p-rscn.
obtain and be entitled to have tile sId
judge's order to discharge such p;
on the same terms aud conditions pr-.-i ri
bed iri the second section f f this act ; T.v
vidiJt hoirnxr, That the said j;d:
shall be satisfied such allegations arc fr.i.
Sec. 4. And be it furOtar oneted, . Tiixi
any order, of tie- lYcsiden:, or ur.J-r
authority,, made at any time durii.g :i.c
existence of the present rebellion, rhrJI be
a defense in all courts to tny action or
prosecution, civil or criminal, pcr.diV -a
to be commenced, IVt any searcli, sciruie,
arrest, or imprisonment, , made, r.or.e, or
committed, cr acts omitted to be done,
under and by virtue of such ord-r, cr
under color of any law of Congress ; and
such defense may be made by srcial
pica, or un-Icr the general issue.
I Sec o. indbe it fartJr enact:!, 1 hat
if any suit or prosecution, civil or crli-i-n:d,
has been or shall be corunvi-ed la
any State court against any olbccrj civil
or military, or against any other pern,
for an arrest or imprisonment made, r
other trespasses or wrongs done or com
mitted, or any act omitted to be do ie, r.i
any time .during the present rebellion, by
virtue or under color of any authority Uc-
President of the United States, or any t-.ct
of Congress, and tlie defendant fiiail, at
the time of entering his appearance in
such court, or if such appcanmce tbiJl
have" been entered before the passag of
this act, then at the next session of the
ccurt in which snch suit or prose cuticn ia
pending, file a petition, stating the facts
and verified by affidavit,, for the removal
of the cause for trial at the next cl: cjit
court of the United States, to be holdeu
in the district where the suit is pending,
ami oiler good and sufficient suretr for hi
tiling in such court, on the first day of its
session, copies of such process and otfcsr
proceedings against him, and also f-r his
appearing in such court ' and entering spe
cial bail in the cause, if Fpecial bail
was originally required therein, it shall
then be the ditty of the Slr.te coort to ac
cept the surety laid proceed no further in
the cause or prosecution ; and the bail
that shall have been originally taken thali
be discharged. And such copies beirg
filed as aforesaid in such cn:.rt of tho
United States, the cause si. all proceed
therein in the same manner as if it lid
been brought in said court by original
process, whatever may be the aiaouut in
dispute or the damages claimed, or what
ever the citizenship of the parties, any
former law to the contrary notwithstand
ing. . And any attachment of tlie goods
or estate of the defendant by the crln:d
process shall hold the goods or e?ti.te so
attached to answer the final judgment in
the same manner as by tho laws of such
State they would have been holden to
answer fiual judgment had it been render
ed in the court in which-the suit or prose
cution 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 what,
ever, for any. cause ..foresaid, after nerd
judgment, for either party to remove an!
transfer, by appeaJ,sucli case during tho
session or term of said court at which tha
same &hall have taken place, from uch
court to the next circuit court " of tLo
United States to be held in th district in
which snch appeal shall be taken, in man
ner aforesaid. And it shall be the duty
of the person takin such aieal to pro
duce and file iu aid circuit court atu.-ted
j P
-ies
of Uie process, proeeelings, and
J ;,,r.-r-."-5eTt in sis-h ca'ise ; ar-:I it sla.II
' ' c1-'"-1 . .. .
I b" competent for ruber pr.it v, wit V:
I " . , ,. . c 1
months alter llie rend-tioa of a jIg:
itr.d it sla.Il ;Jso
n rix
tmiiiH
in any such cau.-e, by wnt of error or
otbr process, to remove the same to thr
circuit c?urt of the United States of t:t
district in which such judgment shall liav
lecn rendered; anI the said circul; co-:t
shall thereapon proceed to try a:v.l iV: er
mine the fact nnd tb.hw iu u h at'.",
..1 l
, - w4witUd:.
ink rn-n i v nin'nrKti.
. t ... .1
- .y - ., ,
- i C--T' -V
' roe put-3m of tn govern- 1 "" -"j.
I J
TTT