510 



HABEAS CORPUS. 



into rebellion. The capital was besieged and its con- 

 nection with all the States cut off. 



Even in the portions of the country which were most 

 loyal political combinations and secret societies were 

 formed furthering the work of disunion, while, from 

 motives of disloyalty or cupidity, or from excited pas- 

 sions or perverted sympathies, individuals were found 

 furnishing men, money, and materials of war and sup- 

 plies to the insurgents' military and naval forces. 

 Armies, ships, fortifications, navy yards, arsenals, mili- 

 tary posts and garrisons, one after another, were be- 

 trayed or abandoned to the insurgents. 



Congress had not anticipated and so had not pro- 

 vided for the emergency. The municipal authorities 

 were powerless and inactive. The judicial machinery 

 seemed as if it had been designed not to sustain the 

 Government, but to embarrass and betray it. 



Foreign intervention, openly invited and industri- 

 ously instigated by the abetters of the insurrection, 

 became imminent, and has only been prevented by 

 the practice of strict and impartial justice with the 

 most perfect moderation in our intercourse with na- 

 tions. 



The public mind was alarmed and apprehensive, 

 though fortunately not distracted or disheartened. It 

 seemed to be doubtful whether the Federal Govern- 

 ment, which one year before had been thought a model 

 worthy of universal acceptance, had indeed the ability 

 to defend and maintain itself. 



Some reverses, which perhaps were unavoidable, 

 suffered by newly levied and inefficient forces, dis- 

 couraged the loyal, and gave new hopes to the insur- 

 gents. Voluntary enlistments seemed about to cease, 

 and desertions commenced. Parties speculated upon 

 the question whether conscription had not become 

 necessary to fill up the armies of the United States. 



In this emergenc}' the President felt it his duty to 

 employ with energy the extraordinary powers which 

 the Constitution confides to him in cases of insurrec- 

 tion. He called into the field such military and naval 

 forces, unauthorized by the existing laws, as seemed 

 necessary. He directed measures to prevent the use 

 of the post office for treasonable correspondence. He 

 subjected passengers to and from foreign countries to 

 new passport regulations, and he instituted a blockade, 

 suspended the writ of habeas corpus in various places, 

 and caused persons who were represented to him as 

 being or about to engage in disloyal and treasonable 

 practices to be arrested by special civil as well as mili- 

 tary agencies, and detained in military custody, when 

 necessary, to prevent them and deter others from such 

 practices. Examinations of such cases were institut- 

 ed, and some of the persons so arrested have been dis- 

 charged from time to time under circumstances or 

 upon conditions compatible, as was thought, with the 

 public safety. 



Meantime a favorable change of public opinion has 

 occurred. The line between loyalty and disloyalty is 

 plainly defined ; the whole structure of the Govern- 

 ment is firm and stable ; apprehension of public dan- 

 ger and facilities for treasonable practices have dimin- 

 ished with the passions which prompted heedless per- 

 sons to adopt them. The insurrection is believed to 

 have culminated and to be declining. 



The President, in view of these facts, and anxious 

 to favor a return to the normal course of the Adminis- 

 tration, as far as regard for the public welfare will 

 allow, directs that all political prisoners or State pris- 

 oners now held in military custody be released on their 

 subscribing to a parole engaging them to render no aid 

 or comfort to the enemies in hostility to the United 

 States. 



The Secretary of War will, however, in his discretion, 

 except from the effect of this order any persons de- 

 tained as spies in the service of the insurgents, or 

 others whose release at the present moment may be 

 deemed incompatible with the public safety. 



To all persons who shall be so released, and who 

 shall keep their parole, the President grants an am- 

 nesty for any past offences of treason or disloyalty 

 which they niay have committed. 



Extraordinary arrests will hereafter be made under 

 the direction of the military authorities alone. 

 By order of the President : 



EDWIN M. STANTON, Secretary of War. 

 It is not known to what extent prisoners 

 were set at liberty under this order ; but on 

 the 27th of the same month the following ad- 

 ditional order was issued : 



WAK DEPARTMENT, WASHINGTON, Feb. 27, 1862. 



It i-s ordered, First, That a special commission of 

 two persons, one of military rank, and the other in 

 civil life, be appointed to examine the cases of the 

 State prisoners remaining in the military custody of 

 the United States, and to determine whether, in view 

 of the public safety and the existing rebellion, they 

 should be discharged or remain in military custody, or 

 be remitted to the civil tribunal for trial. 



Second, That Major-General John A. Dix, command- 

 ing in Baltimore, and the Hon. Edward Pierpont, of 

 New York, be, and they are hereby appointed commis- 

 sioners for the purposes above mentioned ; and they 

 are authorized to examine, hear and determine the 

 cases aforesaid, exparte, and in a summary manner, at 

 such times and places as in their .discretion they may 

 appoint, and make full report to the War Department. 



By order of the President: 



EDWIN M. STANTON, Secretary of War. 



This commission visited the Old Capitol 

 prison at Washington and Fort McHenry at 

 Baltimore, Fort Lafayette at New York, and 

 Fort Warren at Boston. 



Previous to the appointment of the co mis- 

 sion many prisoners had been offered their lib- 

 erty on condition of subscribing to the follow- 

 ing parole : 



I hereby give my parole of honor not to render any 

 aid or comfort to the enemy in hostility to the United 

 States. 



Many expressed their willingness to sign, 

 provided they could do it without the act being 

 considered as a condition of their release. To 

 all applications for a legal examination of the 

 case, or a discharge from confinement on such 

 terms as would prove their innocence of all 

 complicity with treason, no answer was re- 

 turned. 



The proceedings in one or two cases of ex- 

 amination before the commission have been 

 made public. One is that of David C. Wattles, 

 who was arrested at North Branch, Michigan, 

 on Nov. 23, 1861, and imprisoned at Fort La- 

 fayette. The examination is thus reported. 



Mr. Wattles, with nine others, were first 

 called up, and asked the following questions : 



"When were you arrested?" "Where were you 

 arrested?" "What is your age?" " What were you 

 arrested fur?'' These questions were each answered 

 by Mr. Wattles, except the last one, which he informed 

 them was one he was as anxious to have answered as 

 they could be. After asking him if he sympathized 

 with the rebels, and a few similar questions, the Com- 

 mission expressed themselves satisfied. Their secre- 

 tary, however, was not so clear, and interposed to ask 

 him if there was not a secession flag raised at North 

 Branch, and if he did not participate in raising it ? To 

 this Mr. Wattles responded, that he heard that Isaiah 

 Butler had an old shirt which he had used in straining 

 blackberry juice for wine making, which he on an oc- 

 casion exhibited as a secession flag, and that the story 

 of this flag had travelled throughout the country, re- 

 ceiving additions as it went. 



This closed the examination, and Mr. Wattles waa 



