390 



HABEAS CORPUS. 



States before mentioned, except Texas, by the 

 proper civil authorities, State or Federal, and 

 that the people of the said States, except Texas, 

 are well and loyally disposed, and have con- 

 formed or will conform in their legislation to 

 the condition of affairs growing out of the 

 amendment to the Constitution of the United 

 States, prohibiting slavery within the limits 

 and jurisdiction of the United States, and did 

 further declare, that it is the manifest deter- 

 mination of the American people that no State 

 of its own will has a right or power to go out 

 of or separate itself from or be separated from 

 the American Union ; and that therefore each 

 State ought to remain and constitute an in- 

 tegral part of the United States ; and did fur- 

 ther declare that the several aforementioned 

 States, excepting Texas, had in the matter 

 given satisfactory evidence that they acquiesce 

 in this sovereign and important resolution of 

 the national unity; and did further declare 

 that it is believed to be a fundamental principle 

 of government that people who have been over- 

 come and subdued must either be dealt with so 

 as to induce them voluntarily to become friends, 

 or else they must be held by absolute military 

 power, or devastated so as to prevent them 

 from ever again doing harm as enemies, which 

 last-named policy is abhorrent to humanity and 

 to freedom ; and did further declare that the 

 Constitution of the United States provides for 

 constituent communities only as States and not 

 as Territories, dependencies, provinces, or pro- 

 tectorates: and further, that such constituent 

 States must necessarily be, and by the Constitu- 

 tion and laws of the United States are made 

 equal and placed upon a like footing as to pol- 

 itical rights, immunities, dignities, and power, 

 with the several States with which they are 

 united, and did further declare that the observ- 

 ance of political equality, as a principle of right 

 and justice, is well calculated to encourage the 

 people of the before-named States, except Texas, 

 to be and to become more and more constant 

 and persevering in their renewed allegiance; 

 and that standing armies, military occupation, 

 martial law, military tribunals, and the suspen- 

 sion of the writ of habeas corpus, are in time 

 of peace dangerous to public liberty, incom- 

 patible with the individual rights of the cit- 

 izen, contrary to the genius and spirit of our 

 free institutions, and exhaustive of the national 

 resources, and ought not therefore to be sanc- 

 tioned or allowed, except in cases of actual 

 necessity, for repelling invasion or suppressing 

 insurrection or rebellion ; and did further de- 

 clare, that the policy of the Government of the 

 United States, from the beginning of the insur- 

 rection to its overthrow and final suppression, 

 had been conducted in conformity with the 

 principles in the proclamation of June 13, 1865, 

 recited, and did then and thereby proclaim and 

 declare that the insurrection which theretofore 

 existed in the several States, except in Texas, 

 was at an end, and was thenceforth to be so 

 regarded. 



April 9th, the War Department issued tlie 

 following : 



Brevet Majpr-Gfn. J. M. Brannan, Augusta, Ga. ; 



The Assistant Commissioner of the Bureau of re 

 fugees, freedmen, etc., for the State of Georgia, 

 having inquired whether the President's proclama- 

 tion removes martial law, and stated that the depart- 

 ment commander does not feel authorized to arrest 

 parties who have committed outrages on freed peo- 

 ple or Union refugees, the Secretary of War, with 

 the approval of the President, directs me to inform 

 you that the President's proclamation does not re- 

 move martial law or operate in any way upon the 

 freedmen' s bureau in the exercise of its legitimate 

 jurisdiction. It is not expedient, however, to resort 

 to military tribunals in any case where justice can be 

 attained through the medium of civil authority. 



E. D. TOWNSEND, 

 Assistant- Adjutant General. 



August 20, 1866, the President of the United 

 States issued his proclamation reciting : 



1. The proclamations of August 15 and 19, 1861. 

 (See ANNUAL CYCLOPEDIA, 1861, pp. 715, 71 7.) 



2. The proclamation made on the 16th day 

 of August, in the same year, in pursuance of an 

 act of Congress, approved July 13, 1861, by 

 which the inhabitants of the States of Georgia, 

 South Carolina, Virginia, North Carolina, Ten- 

 nessee, Alabama, Louisiana, Texas, Arkansas, 

 Mississippi, and Florida, except the inhabitants 

 of that part of the State of Virginia lying west 

 of the Alleghany Mountains, and except also the 

 inhabitants of such other parts of that State 

 and the other States before named as might 

 maintain a loyal adhesion to the Union and the 

 Constitution, or might be from time to time 

 occupied and controlled by the forces of the 

 United States engaged in the dispersion of the 

 insurgents, were declared to be in a state of in- 

 surrection against the United States. 



3. The proclamation of July 1, 1862, by 

 which the insurrection was declared to be still 

 existing in the States aforesaid, with the excep- 

 tion of certain specified counties in the State of 

 Virginia. 



4. The proclamation of April 2, 1863, by 

 which the exceptions named in the proclama- 

 tion of August 1C, 1861, were revoked, and the 

 inhabitants of the States of Georgia, South 

 Carolina, North Carolina, Tennessee, Alabama, 

 Louisiana, Texas, Arkansas, Mississippi, Florida, 

 and Virginia, except the forty-eight counties 

 of Virginia designated as West Virginia, and 

 the ports of New Orleans, Key West, Port 

 Royal, and Beaufort, in North Carolina, were 

 declared to be still in a state of insurrection 

 against the United States. 



5. The proclamation of September 15, 1863. 

 (See ANNUAL CYCLOPAEDIA 1863, p. 489.), 



6. The resolution of the House of Represen- 

 tatives of July 22, 1861. (See ANNUAL CYCLO- 

 PAEDIA, 1861, p. 244.) 



7. The same resolution passed by the Senate 

 of the United States. July 25, 1861. 



8. The proclamation of June 13, 1865, that 

 the insurrection in the State of Tennessee had 

 been suppressed, and that the authority of the 

 United States therein was undisputed, and that 



