Draft of Order Concerning Writ of Habeas Corpus1Jump to section
Please order each Military officer of the United States, that, whenever he shall have in his custody any person, by the authority of the United States and any writ of habeas corpus shall be served upon him, commanding him to produce such person before any court or judge, he, the said Military officer, make known to the court or judge issuing such writ, by a proper return thereto, that he holds such person by the authority of the President of the United States, acting as the Commander-in-Chief, of the Army of the United States in time of actual rebellion and war against the United States; and that, thereupon he do not produce such person according said writ, but that he deal with him according to the orders of his military superiors; and that, having made known to such court or judge, the cause of holding said person as aforesaid, if said court or judge, shall issue any process for his, said officer's, arrest, he refuse obedience thereto; and that, in case there shall be any attempt, to take such person from the custody of such officer, or to arrest such officer, he resist such attempt, calling to his aid any force that may be necessary to make such resistance effectual.
Annotation
[1] ADf, DNA WR RG 110, Provost Marshal General's Bureau, II, H 319 (1863). The substance of this draft was covered in AGO General Orders No. 315, September 17, 1863, and Circular No. 85, Provost Marshal General's Office of the same date (OR, III, III, 818). See also note to Lincoln's opinion on the draft, September 14, supra.