The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-08
The Petition of Jofrerson Davis.

AS a part of the history of tho
times, we publish below tho petition
of Jefferson Davis to the United
States Circuit Court, which is in ses-
sion ut Richmond this week: ,.
To The Honorable Me Judges Of The Cir
cuit Court Of the United States fo,. lie
District Of Virginia. 80
The petition of Jefferson Davis, by
George Shea, his attorney in fact in
this behalf, respectfully showeth:
That he is, and ever since the 10Th
day of May, in the year 1865, has
been restrained of his liberty, and
held in close custody as prisoner in
jail in TINT certain strong place of
and belonging to the Government of
the United States called Fort Monroe,
within the said District Of Virginia:
and that Brig. Gen. Henry s, Bur-
ton is now the commander of said
Fort Monroe, and as suoh holds YOUR.
petitioner in his custody.
That no ground of detention is al-
legged to the knowledge of your pc
titioner, or his said attorney in fact,
unless it be certain Indictment pre-
sem Il against Your petitioner Mt the
May term of the above entitled court,
held in the yenr 1866, of which n
copy Is hereun.o annexed, marked A.
Your petitioner further shows that
the said May term was adjourned to
meet Mt Richmond, on the 4th day OF
June, in the year last aforesaid. That
at said adjourned term, your pcti-
toner appeared by his counsel, and
urged trial ut said adjourned term,
offering to proceed without delay;
but that the Government declined to
proceed on said Indictment. Your
petitioner'further shows that ut the
subsequent term of this court, your
petitioner appeared in like manner;
but the Government did not bring on
the trial.
Your petitioner further shows thut
his imprisonment aforesaid has great
ly impaired his health, and that the
continuance thereof through the en-
suing summer would involve serious
danger to his life, as your petitioner
believes.
Your petitioner further says that
ample snreties for his appearance to
abide judgment on such Indictment
can be given, if your petitioner shall
be admitted to bail.
Your petitioner further shows that
his detention, imprisonment and Gus
tody aforesaid always have been and
are exclusively under or by color of
the authority Of the United States,
and that he has reason to npprohend
that the Government may not pro-
ceed to the trial upon said Indictment
ut the next ensuing term of said
court, which is to be held in Rich
mond on the first Monday of May,
1867.
Whereupon Your petitioner prays
that writ of hnbeas co,pus may
issue from this honorable court, to
be directed to Brig. Gen. Henry s.
Burton aforesaid. and whomsoever
may hold your petitioner in custody,
commanding him or them to have
the body Of your petitioner before
the Circuit Court of the United
States for the District of Virginia,
on the first Monday Of May, 1867, Mt
the opening of the court on thnt day,
or at such other time as in the said
writ may be specified, for the pnr-
pose of inqniring into the cause of
the commitmentand detention of your
petitioner, and to do and dbide such
order MS this court may make in the
premises.
And your petitioner will ever pray.
JEFFERSON DAVIS.
BY Geo. Shay, his attorney in fact.