256 



CONGRESS, U. S. 



to be further dealt with, according to law, as the cir- 

 cumstances may require. And it shall be the duty of 

 the district attorney of the United States to attend such 

 examination before the judge. 



SEC, 3. And be it further enacted, That in case any 

 of such prisoners shall be under indictment or pre- 

 sentment for any offence against the laws of the United 

 States, and by existing laws bail or a recognizance 

 may be taken for the appearance for trial of such per- 

 son, it shall be the duty of said judge at once to dis- 

 charge such person upon bail or recognizance for trial 

 as aforesaid. And in case the said Secretaries of State 

 and War shall for any reason refuse or omit to furnish 

 the said list of persons held as prisoners as aforesaid at 

 the time of the passage of this act within twenty days 

 thereafter, and of such persons as hereafter may be ar- 

 rested within twenty days from the time of the arrest, 

 any citizen may, after a grand jury shall have termin- 

 ated its session without finding an indictment or pre- 

 sentment, as provided in the second .section of this act, 

 by a petition alleging the facts aforesaid touching 

 any of the persons so as aforesaid imprisoned, sup- 

 ported by the oath of such petitioner, or any other 

 credible person, obtain and be entitled to have the 

 said judge's order to discharge such prisoner on the 

 same terms and conditions prescribed in the second 

 section of this act : Provided, however, That the said 

 judge shall be satisfied such allegations are true. 



SEC. 4. And be it further enacted, That any order of 

 the President, or under his authority, made at any 

 time during the existence of the present rebellion, 

 shall be a defence in all courts to any action or prose- 

 cution, 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 Congress, and such defence may be made by special 

 plea or under the general issue. 



SEC. 5. And be ri further enacted, That if any suitor 

 prosecution, civil or criminal, has been or shall be 

 commenced in any State court against any officer, civil 

 or military, or against any other person, for any arrest 

 or imprisonment made, or other trespasses or wrongs 

 done or committed, or any act omitted to be done, at 

 any time during the present rebellion, by Virtue or 

 under color of any authority derived from or exercised 

 by or under the President of the United States, or any 

 act of Congress, and the defendant shall, at the time 

 of entering his appearance in such court, or if such 

 appearance shall have been entered before the passage 

 of this act, then at the next session of the court in which 

 such suit or prosecution is pending, file a petition, 

 stating the facts and verified by affidavit, for the re- 

 moval of the cause for trial at the next circuit court of 

 the United States to be holden in the district where 

 the suit is pending, and offer good and sufficient surety 

 for his filing in such court, on the first day of its ses- 

 sion, copies of such process and other proceedings 

 against him, and also for his appearing in such court 

 and entering special bail in the cause, if special bail 

 was originally required therein. It shall then be the 

 duty of the State court to accept the surety and pro- 

 ceed no farther in the cause or prosecution, and the 

 bail that shall have been originally taken shall be dis- 

 charged. And such copies oeing filed as aforesaid in 

 such court of the United States, the cause shall pro- 

 ceed therein in the same manner as if it had been 

 brought in said court by original process, whatever 

 may DC the amount in dispute or the damages claimed, 

 or whatever the citizenship of the parties, any former 

 law to the contrary notwithstanding. And any attach- 

 ment of the goods or estate of the defendant by the 

 original process shall hold the goods or estate so at- 

 tached to answer the final judgment in the same man- 

 ner as by the laws of such State they would have been 

 holden to answer the final judgment had it been ren- 

 dered in the court in which the suit or prosecution 

 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 aforesaid, after final judgment, for 



either party to remove and transfer, by appeal, such 

 case during the session or term of said court at which 

 the same shall have taken place, from such court to 

 the next circuit court of the United States to be held 

 in the district in which such appeal shall be tnken, iu 

 manner aforesaid. And it shall be the diity of the per- 

 son taking such appeal to produce and file iu the said 

 circuit court attested copies of the process, proceed- 

 ings, and judgment iu such cause; and it shall also be 

 competent for either party, within six months after 

 the rendition of a judgment in any such cause, by writ 

 of error or other process, to remove the same to the 

 circuit court of the United States of that district in 

 which such judgment shall have been rendered ; and 

 the said circuit court shall thereupon proceed to try 

 and determine the facts and the law in such action, in 

 the same manner as if the same had been there origi- 

 nally commenced, the judgment in such case notwith- 

 standing. And any bail which may have been taken, 

 or property attached, shall be holden on the final judg- 

 ment of the said circuit court in such action, in the 

 same manner as if no such removal and transfer had 

 been made, as aforesaid. And the State court, from 

 which any such action, civil or criminal, may be re- 

 moved and transferred as aforesaid, upon the parties 

 giving good and sufficient security for the prosecution 

 thereof, shall allow the same to be removed and trans- 

 ferred, and proceed no farther in the case : Provided, 

 however, That if the party aforesaid shall fail duly to 

 enter the removal and transfer, as aforesaid, in the cir- 

 cuit court of the United States, agreeably to this act, 

 the State court, by which judgment shall have been 

 rendered, and from which the transfer and removal 

 shall have been made, as aforesaid, shall be authorized, 

 on motion for that purpose, to issue execution, and to 

 carry into effect any such judgment, the same as if no 

 such removal and transfer had been made : And pro- 

 vided also, That no such appeal or writ of error shall 

 be allowed in any criminal action or prosecution where 

 final judgment shall have been rendered in favor of the 

 defendant or respondent by the State court. And if 

 in any suit hereafter commenced the plaintiff is non- 

 suited or judgment pass against him, the defendant 

 shall recover double costs. 



SEC. 6. And be it further enacted, That any suit or 

 prosecution described iu this act, in which final judg- 

 ment may be rendered in the circuit court, may be 

 carried by writ of error to the Supreme Court, what- 

 ever may be the amount of said judgment. 



SEC. 7. And be it further enacted, That no suit or 

 prosecution, civil or criminal, shall be maintained for 

 any arrest or imprisonment made, or other trespasses 

 or wrongs done or committed, or act omitted to be 

 done, at any time during the present rebellion, by vir- 

 tue or under color of any authority derived from or 

 exercised by or under the President of the United 

 States, or by or under any act of Congress, unless the 

 same shall have been commenced within two years 

 next after such arrest, imprisonment, trespass, or 

 wrong may have been done or committed or act may 

 have been omitted to be done : Provided, That in no 

 case shall the limitation herein provided commence to 

 run until the passage of this act, so that no party 

 shall, by virtue of this act, be debarred of his remedy 

 by suit or prosecution until two years from and after 

 the passage of this act. 



APPROVED, March 3, 1863. 



In the Senate, on the 19th of February, the 

 bill for the discharge of state prisoners and 

 others was considered. Mr. Trumbull, of 

 Illinois, offered a substitnte for the "whole 

 bill, when Mr. Carlile, of Virginia, offered 

 an amendment in the form of a substitute for 

 the substitute. 



Mr. Carlile, of Virginia, thus explained his 

 amendment : " Under the provisions of the 

 substitute which I have offered, every arrest 



