Habeas Corpus Act Passed Feb. 5, 1867 Reconstruction150

Pat Young

Brev. Brig. Gen'l
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Long Island, NY
On Feb. 5, 1867 Congress passed the Habeas Corpus Act of 1867. Congress had suspended the writ of Habeas Corpus in 1863. This act restored the writ and significantly expanded it by allowing a Federal court jurisdiction:

"in all cases where any person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States."

Federal courts could now entertain petitions for a writ involving a prisoner in a state jail. This was designed to allow Federal judges to review the detention of blacks held in state jails.

The new law did apply to those in military custody.
 
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