The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-05-14
MR.. JEFFERSON DAVIS.
[srrasaf


His Petition to the United States Circuit
Court, de-
To the Honorable, the Judges of the Circuit
Court of the United States for the District OF
Virginia ..F
The petition of Jefferson Davis, by George
Shea, his attorney in fact in this behalf, respect
fully 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 prls-
oner 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; aud that Brigadier-G General
Henry s Burton is now the Commander oil said
Fort Monroe, aud as such holds your petitioner
in his custody:
That no ground of detention is alleged to the
knowledge of your petitioner, or his said attor-
ney, in fact, unless it be 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 annexed,
marked A.
Your petitioner further shows that the said
May term adjourned to meet at Richmond
on the 4th of June, in the year last aforesaid
That at said adjourned term your petitioner ap-
peared by his counsel and urged trial at said
adjourned term, offering 20 proceed without de-
lay, out that the Government declined to pro-
ceed on said indictment. Your petitioner fur.
ther 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 i'm.
prisonmeDt aforesaid has greatly impaired his
health and that the continuance thereof
through the ensuing summer would involve Sc
rious danger to his life, as your petitioner be-
leveS.
Your petitioner further says that ample sure
ties for his appearance to abide judgment on
said indictment can be given if your petitioner
shall be admitted to bail.
Your petitioner further shows that his deten-
ton, prisonment and custody aforesaid, al
ways have been anG are exclusively under or by
color of the authority of the United States, and
that he has reason to apprehend that the Gov
ernment may not proceed to the trial upon said
indictment at the next ensuing term Of said
court, which is to be held in Richmond on the
first Monday of May, 1867.
Whereupon your petitioner prays that writ
of haJeas corpus may issue from this Honour
able Court, to be directed to Brigadier- General
Henry S. Burton aforesaid, and whomsoever
may hold your petitioner in custody, command
ing him or them to have the body of your petit
tioner before the Circuit Court of the United
States for the District of Virginia, on the lst
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 commitment
and detention of your petitioner, and to do and
abide such order as this court may make in the
premises.
And your petitioner will ever pray.
JEFFERSON DAVIS,
By Geo Shea, his Attorney in fact.
The New York Tribune has the following
from Washington
1t appears that Charles O'Connor and George
Shea, counsel for Davis, both of whom are here,
first made application to Chief Justice Chase
for writ of habeas corpus in favor Of Davis,
but the Chief Justice, it seems, decliued to re-
ccive or countenance their request, and gave his
reasons very fully to the applicants. They then
applied to Judge Woodward, of the District
Court of Virginia, and on his receiving the ap
plication he Immediately issued writ Davis
counsel are of the opinion that Judge Under
wood will refuse to try Davis, in which
they will demand his discharge 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 be-
ing out of the hands Of the military authorities,
the Executive could not interfere, and he would
be sent to Jail Mr. Davis counsel fear that
Underwood will refuse all their requests and
imprson Davis. If this should happen, they
express their belief that Chief Justice Chase
will dispose Of the at the meeting of the
United States Circuit Court at Richmond in
June next. 1t is considered certain that the
Executive will readily accede to Judge Under
woods writ of hoJeas corpus for the purpose of
getting the prisoner off his hands, and thus be
free from responsibility"