The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-06
Mr.. jefferson Davis-Hts Petition TO
the United states Circuit Court.


To he Hoaorob1, ne Judges of the Circuit
court oftbe United States for the District
Of TUqia'G:
The petition oC Jefferson Davis, by
George Shea, his attorney in fact in this
behalf. respectfully SbOwcth:
That he Is, and ever since the 10Th day
Of May, ia the year 1865, has been restrain
cd Of his liberty, aud held in close custody
as a prisoner in Jail in that certain strong
place Of and belonging to the Government
of the United States called Fort Monroe,
within the said District OF Virginia; and
that Brigadier- General Henry S. Burton is
now the commander of said Fort Monroe,
and as such holds your petitioner in his
custody.
That no ground Of detention is alleged
to the knowledge OF your petitioner, or his
said attorney in fact, unless it be n certain
indictment presented against your petit
toner al the May term OF the above emit
tied court, held in the year 1866, of which
\ copy is hcrcunto annexed, marked A.
Your petitioner further shows that the
said May term was adjourned TO meet at
Richmond on the 4th day of June in the
year last aforesaid. That at said adjourned
term your petitioner appeared by his coun-
sci, and urged trial at said adjourned
term, offering TO proceed without delay;
but that the Government declined TO pro-
coed on said indictment. Your petitioner
further shows that at 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 that his
imprisonment aforesaid has greatly i'm
paired his health, and that the continuance
thereof through the ensuing summer would
involve serious danger TO his life, as your
petitioner believes.
Your petitioner further says that ample
SuretieS for his appearance to abide judy
mcnt on said indictment can be given if
your petitioner shall he admitted to bail.
Your petitioner further shows that his
detention, imprisonment, and custody
aforesaid, always have been and are exclu-
sively under or by color of the authority Of
the United States, and that ne has reason
10 appreheud that the Government may
not proceed TO the trial upon said indict-
ment al the next ensuing term of said
court, which is to be held in Richmond on
the first Monday Of May, 1861.
Whcreupon your petitioner prays that
writ OF hdbedS corpus may issue from this
Honorable Court, TO he directed to Briga-
dier-C General Henry 5. 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, at the opening of the court
on that day, or at such other time as in the
said writ may be specified for the purpose
OF inquiring into the cause of the commit
mcnt and detention of your petitioner, and
10 do and abide such order as this court
may make in the premises.
And your petitioner will ever pray.
JEFFERSON DAVIS,
By George Shay, his attorney in fact.
1t will be seen that the above petition is
addressed to the .judgeS of the Circuit
Court, not the Judge Of the District Court.
We have often attempted to set the Wash
ington correspondents right as to this mat
ter. The only thing that surprises us is that
Mr.. Shea should declare that the Circuit
Court meets here to-day. A telegram in
Grccley's paper of Saturday says:
Charles O'Connor and George Shea,
counsel for Davis, both of whom are here,
first made application TO Chief Justice
Chase for a writ Of hGbCaS corpus in favor
of Davis, but the Chief Justice declined to
receive or countenauce their request. They
then applied TO Judge Underwood, of the
United States District Court of Virginia,
and on his receiving the application he
Immediately issued writ. Davis's counsel
are of the opinion that Judge Underwood
will refuse tot try Davis [ofcourSe he will, as
his court has no jurisdiction in the case
in which case they will demand his dis
charge from custody; and if this is refused,
they will ask that he be released on bail.
If Judge Underwood should refuse either
TO discharge or bail Davis, he being out of
the hands of the military authorities, the
Executive could not interfere, and he
would be sent to Jail. Mr.. Daviss coun-
sci fear that Underwood will refuse all
their requests and imprison Davis. If this
should happen, they express their belief
that Chief Justice Chase will dispose of the
case at the meeting of the United States
Circuit Court at Richmond in June next.
II is considered certain that the Execu-
tive will readily accede to Judge Under
woods writ of habeaS corpus for the pur-
pose of getting the prisoner of its hands,
and thus be free from responsibility.