Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-05-09
JRPPERsON DAVIS.
His Petition to the United States
circuit Court.

To the Honorable the Judge q the Circuit
Court Of the United States for the District OF
The petition Of Jefferson Davis, by
George Shea, his attorney in fact in this
behalf, respectfully showeth;
That he is, and ever since the 18th
day of May, in the year 1864, has been
restrained Of his liberty, aud held in
close custody as aprisoner in Jail in that
certain strong place Of and belonging to
the Government Of the United States,
called Fort Monroe, within the said Dis
trict of Virginia; and that Brigadier
General Henry S. Burton is now com.
mauder 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 1t be a
certain indictment presented against
your petitioner, at the May term Of the
above entitled court, held in the year
1866, of which a copy is hereunto an
nexed 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 ad-
journed term your petitioner appeared
by his counsel, and urged trial at said
adjourned term, offering to proceed with
out delay; but that the Government de-
clined to proceed 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 continu-
ance thereof through the ensuing sum-
mer would involve serious danger to his
life. as your petitioner believes.
Your petitioner further says that ample
sureties for his appearance to abide judg.
ment on said indictment can be given, II
your petitioner shall be admitted to bail.
Your petitioner further shows that his
detention, Imprisonment and custody
aforesaid, always have been and are ex-
under or by color of the author
ity of the United States, and that he has |
reason to apprehend that the Government
may not proceed to the trial upon said
indictment at 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
d writ of habeas corpus may issue from
this honorable court, to be directed to
Brig Gen. Henry S. Burton, aforesaid,
and whomsoever may hold your petit
.ioner in custody, commanding him or
hem to have the body Of your petitioner
before the Circuit Court of the United
States, for the district of Virginia, on the
.st Monday of May, 1867, at the opening
# the court on that day, or at such other
ime as in the said writ may be specified
or the purpose of inquiring into the
,ause of the commitment and detention
# your petitioner, and to do and abide
uch order as this court may make in the
And your petitioner will ever pray.
JEFFERSON DAVIS.
By Geo. Shea, his attorney in fact.
United States of america, District
f Columbia, S.: George Shea, being
July sworn, says that he is attorney in
act for the petitioner in the preceding
,etition named; that he is acquainted
Nth the said petitioner, and saw him in
lose custody, as a prisoner, in Fort
ionroe, in the month of March last; that
e, this deponent, has a general knowl-
dge OF the facts in the above petition
tated, and that he verify believes the
aid petition to be in all respects true.
Subscribed and sworn before me, this
asst day of May, 1867, at Alexandria, Va.
john c. UNDERWOOD,
District Judge.