act approved on the
third day of March, 1863, did enact that during the said 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
habeas corpus in any case throughout the United States, or any part
thereof; and
Whereas, the said insurrection and rebellion still continue, endangering
the existence of the Constitution and Government of the United States; and
Whereas, the military forces of the United States are now actively engaged
in suppressing the said insurrection and rebellion in various parts of
the States where the said rebellion has been successful in obstructing
the laws and public authorities, especially in the States of Virginia and
Georgia; and
Whereas, on the fifteenth day of September last, the President of the
United States duly issued his proclamation, wherein he declared that the
privilege of the writ of habeas corpus should be suspended throughout
the United States, in Cases whereby the authority of the President of
the United States, the military, naval, and civil officers of the United
States, or any of them, hold persons under their command or in their
custody, either as prisoners of war, spies, or aiders or abettors of the
enemy, or officers, soldiers, or seamen enrolled or drafted, or mustered,
or enlisted in, or belonging to the land or naval forces of the United
States, or as deserters therefrom, or otherwise amenable to military law,
or the rules and articles of war, or the rules and regulations prescribed
for the military and naval service by authority of the President of the
United States, or for resisting a draft, or for any other offence against
the military or naval service; and
Whereas, many citizens of the State of Kentucky have joined the forces of
the insurgents, who have on several occasions entered the said State
of Kentucky in large force and not without aid and comfort furnished by
disaffected and disloyal citizens of the United States residing therein,
have not only greatly disturbed the public peace but have overborne the
civil authorities and made flagrant civil war, destroying property and
life in various parts of the State; and
Whereas, it has been made known to the President of the United States, by
the officers commanding the National armies, that combinations have been
formed in the said State of Kentucky, with a purpose of inciting the rebel
forces to renew th
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