Proclamation 94

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Proclamation 94 by Abraham Lincoln
Suspending the Writ of Habeas Corpus (1862)
Issued: 24 September 1862

By the President of the United States of America.

A Proclamation.


 Whereas, it has become necessary to call into service not only volunteers, but also portions of the militia of the States by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection;

 Now, therefore, be it ordered, first, that during the existing insurrection, and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia draft or guilty of any disloyal practice affording aid and comfort to Rebels against the authority of the United States, shall be subject to martial law and liable to trial and punishment by CourtsMartial or Military Commission;

 Second, That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority or by the sentence of any Court Martial or Military Commission.

 In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

 Done US Great Seal 1877 drawing.png at the City of Washington, this twenty-fourth day of September, in the year of our Lord one thousand eight hundred and sixty two, and of the Independence of the United States of America the 87th.


Abraham Lincoln Signature.svg 
[Abraham Lincoln] 
By the President:
William H. Seward,
Secretary of State.

Notes[edit]

Superseded by:
  • Proclamation 104, Suspending the Writ of Habeas Corpus Throughout the United States, September 15, 1863
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).