War of the Rebellion: Serial 118 Page 0312 PRISONERS OF WAR AND STATE, ETC.

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Washington, D. C., March 2, 1863.

Colonel W. HOFFMAN, Commissary-General of Prisoners:

I have the honor to inform you that there are to present confined in the Old Capitol Prison 160 prisoners of war for exchange excluding officers and those held for other purposes.

I am, sir, very respectfully, your obedient servant,


Captain and Provost-Marshal.

An act of the U. S. Congress approved March 3, 1863, relating to habeas corpus, &c.

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 of 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 a 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 so said suspension by the President shall remain in force and said rebellion continue.

SEC. 2. And be it further enacted, That the Secretary of State and the Secretary of War be and they are hereby directed as soon as may be practicable to furnish to the judges of the circuit an 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 the laws has continued unimpaired in the said Federal courts, who are now or may hereafter be held as prisoners of the United States by order or authority of the President of the United States or either of said Secretaries 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 those 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, e of each arrest-the Secretary of State to furnish a list of such persons as are imprisoned by the order 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 the Department of War. And in all cases where a grand jury having attended any of said courts having jurisdiction in the premises after the passage of this act and after the furnishing of said list as aforesaid has terminated its session without fining an indictment or present mentor other proceeding against any such person, it shall be the duty of the judge of said court forthwith to make an order that any such prisoner desiring a discharge from said imprisonment be brought him to be discharged; and every officer of the United States having custody of such prisoner is hereby directed