A PROCLAMATION.

Whereas by a proclamation which was issued on the 15th day of April,

1861, the President of the United States announced and declared that the

laws of the United States had been for some time past, and then were,

opposed and the execution thereof obstructed in certain States therein

mentioned by combinations too powerful to be suppressed by the ordinary

course of judicial proceedings or by the powers vested in the marshals

by law; and

Whereas immediately after the issuing of the said proclamation the land

and naval forces of the United States were put into activity to suppress

the said insurrection and rebellion; and

Whereas the Congress of the United States by an act approved on the 3d

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 in

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 15th 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 the cases where, by the authority of the President

of the United States, 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 or regulations prescribed

for the military or naval services by authority of the President of the

United States, or for resisting a draft, or for any other offense

against the military or naval service; and

Whereas many citizens of the State of Kentucky have joined the forces of

the insurgents, and such insurgents 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 that 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 rebel

forces to renew the said operations of civil war within the said State

and thereby to embarrass the United States armies now operating in the

said States of Virginia and Georgia and even to endanger their safety:

Now, therefore, I, Abraham Lincoln, President of the United States, by

virtue of the authority vested in me by the Constitution and laws, do

hereby declare that in my judgment the public safety especially requires

that the suspension of the privilege of the writ of _habeas corpus_, so

proclaimed in the said proclamation of the 15th of September, 1863, be

made effectual and be duly enforced in and throughout the said State of

Kentucky, and that martial law be for the present established therein. I

do therefore hereby require of the military officers in the said State

that the privileges of the writ of _habeas corpus_ be effectually

suspended within the said State, according to the aforesaid

proclamation, and that martial law be established therein, to take

effect from the date of this proclamation, the said suspension and

establishment of martial law to continue until this proclamation shall

be revoked or modified, but not beyond the period when the said

rebellion shall have been suppressed or come to an end. And I do hereby

require and command as well all military officers as all civil officers

and authorities existing or found within the said State of Kentucky to

take notice of this proclamation and to give full effect to the same.

The martial law herein proclaimed and the things in that respect herein

ordered will not be deemed or taken to interfere with the holding of

lawful elections, or with the proceedings of the constitutional

legislature of Kentucky, or with the administration of justice in the

courts of law existing therein between citizens of the United States in

suits or proceedings which do not affect the military operations or the

constituted authorities of the Government of the United States.

In testimony whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 5th day of July, A.D. 1864, and of

the Independence of the United States the eighty-ninth.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln · 第 621 / 853 题