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“WASHINGTON, Nov. 24, 11.50 1. M “Coinmanding Officer, Fort — :
“None of the prisoners confined at your post will be released under orders of the War Department of the 22d inst., without special instructions from the Department. “By order of Secretary of War.
E. D. TOWNSEND, A. A. G.”
Thus is the Secretary of War convicted of duplicity, hypocrisy, treachery, and deceit, as scarcely one, if any prisoner was released under the order of the 22d of Novem ber. On the contrary, most of the prisoners in Forts Lafay ette and Delaware, if not in other Bastiles, were still kept in confinement until late in December, and some of them for a considerable time afterward.
Notwithstanding these well-attested facts, Mr. Stanton, in a report made by him on the 29th of November, stated that, " by a recent order, all persons arrested for discouraging enlistments and disloyal practices in States where the quotas of volunteers and militia are filled up, have been released. Other persons arrested by military commanders and sent from the departments where their presence was deemed dangerous to the public safety, have been discharged upon parole to be of good behavior and do no act of hostility against the Government of the United States.”
This Mr. Stanton knew was a barefaced, wilful, and premeditated falsehood, uttered to mislead and deceive the public.
It is also alleged, and it is no doubt true, judging the cir. cumstances by the other acts of duplicity of Mr. Stanton, Secretary of War, that on the application of the Hon. Ruverdy Johnson, an order was issued from the War Department for the release and discharge of Judge Carmichael, of Maryland, and that a private order was sent simultaneously to the Commandant of Fort Delaware, not to release Judge Carmichael on the presentation of the order to that effect.
K. An A.CT RELATING TO HABEAS CƏRPUS, AND REGULATING JUDI
CIAL PROCEEDINGS IN CERTAIN CASES. Approved March 3, 1863.
Never was more power over the rights and liberties of the citizen placed in the hands of any one man, than that granted by the above act of Congress, only two sections of which we here quote. Citizens who have never seen this act of Congress will be astonished at the despotic and tyrannical rule ander which they lived during the Administration of Mr. Lincoln.
They are as follows: Section 1. Be it enacted by the Senate and House of Representa. tives 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 babeas 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 babeas 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 sus. pended 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.
Sec. 4. And be it further enacted, That any order of the Presi dent, or under his authority, made at any time during the exist. ence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Con. gress, and such defence may be made by special plea, or under the general issue.