JoanShear | 23 October, 2007 15:49
Question: I need to find the cite to a Presidential Executive Order from 1863. I had found it referenced in an article, but my professor said I need to have a cite to the real thing.
Answer: Usually I love Presidential Executive Orders because they are published so many places and are so easy to find. They are very easy to find in Title 3 of the C.F.R., the Federal Register, and U.S.C.C.A.N. Additionally some proclamations and orders issued under specific authority of a statue are also published in the United States Code. Unfortunately, the C.F.R. and Federal Register didn’t begin publication until 1936. USCCAN bound volumes have reprinted all executive orders and proclamation since 1943. It is very unlikely that the authorizing statute, much less the proclamation, is still in force and therefore still in the U.S.C. So where do we find one that old? Proclamations, but not executive orders, back to 1846 are printed in Statutes at Large, so we looked in the Statutes at Large, and sure enough, what she wanted wasn’t really an executive order, it was a proclamation, suspending the writ of habeas corpus.
On May 10, 1861, President Abraham Lincoln issued Proclamation No. 7 of 1863, 12 Stat. 1260 (1863) in which he suspended the writ of habeas corpus in parts of Florida. On March 3, 1863, the 37th Congress enacted Chapter 81, 12 Stat. 755, which allowed the president to suspend the writ of habeas corpus during the rebellion. Then, on September 15, 1863, he issued Proclamation No. 7 of 1863, which suspended the writ of habeas corpus throughout the United States.
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