MILITARY COMMISSIONS. 



507 



(ion, \vln> -tand below. Union is holding with 

 IKT left hand tin- la-ivs symbolic of tin- I'nii.n, 

 and giving with IKT right hand lanivls to IKT 

 -n;.j. .,[;,:, helow. Kinaliripat n >n i-i a nogresg, 

 with her ryes turned toward heaven, and n-arh- 

 ing forward ho;h hands and ottering wreaths of 

 laurel and hninortrlli-* to the soldiers below. 

 History is holding with her right hand a hook, 

 and a wreath in her left. On tin- ne\t section 

 below, standing upon projecting abutments, are 

 the det'enders of Liberty and Union, the ivpre- 

 ives of tin- Army and Navy, four statues 

 ie<-t high, r'irst is an infantry soldier 

 leaning on his musket or rifle; next is an artil- 

 leryman, with one hand leaning upon his sword, 

 and the oilier in the act of touching off a can- 

 non. Next is a cavalryman, resting upon his 

 sabre; and lastly, a sailor, holding in his left 

 hand the American flag, and a cutlass in his 

 right. Between the above statues will be 

 plaeod bassi relieti, one of them represent ing 

 Mr. Lincoln, holding in one hand the Emanci- 

 pation Proclamation and in the other a pen, 

 and the artUt's idea is to fill the other panels 

 with subjects immediately connected with Mr. 

 Lin> oln. On the other side of the bassi relied 

 are tablets, where may be registered the names 

 of battles, or other inscriptions. On the outer 

 t, -Us are four eagles in bronze. Upon all 

 sides of the pedestals are tablets, giving ample 

 space for inscriptions. The architectural part 

 of the monument to be of granite and marble, 

 and the statues, etc., to be executed in what is 

 known as the golden bronze of Munich, being 

 the best and most expensive bronze-work in 

 Kurope. This design was selected from among 

 eighteen competitors, and a contract has been 

 entered into with the artist for its erection, and 

 he is now engaged upon it. 



MILITARY COMMISSIONS. The proceed- 

 ings in reference to the confinement of Jeffer- 

 son Davis having been noticed under the above 

 head, in the ANNUAL CYCLOPAEDIA for 1866 

 (page 513 et seq.\ the further action in the 

 case is continued under the same title, although 

 taken in the United States Circuit Court. 



The writ of habeas corpus applied for by the 

 counsel of Jefferson Davis having been refused 

 by Judge Underwood, he remained in military 

 custody at Fortress Monroe. (See ANMAI, 

 CYCLOPAEDIA for 186(T, page 516.) On the first 

 day of May, 1867, his counsel presented the fol- 

 lowing petition to Judge Underwood : 



To the Honorable the Judges of the Circuit Court of 

 the United States for the District of Virginia : 

 The petition of Jefferson Davis, bv George Shea, 

 his attorney in fact in this behalf, respectfully 

 showeth : 



That he is, and ever since the 19th day of May, in 



:ir 1865, has been, restrained of his liberty," and 



held in close custody as a prisoner in jail in that cer- 



: ronj^ place of and belonging to the Government 



United States called Fort Monroe, within the 



of Virginia; and that Brigadier-General 



lloury S. Burton is now the commander of said Fort 



Monroe, and as such holds your petitioner in his cus- 



ti"lv. 



That no ground of detention is alleged to the 



knowledge of your petitioner, 01 bin uid attorney la 

 fact, unless it bo a certain in lictincut prtaented 

 against your |..-!iti.,i,.-r at the May term of the above 

 tntitli-d Court, held in the year I860, of which a copy 

 i- lii-n-uuto annexed, marked A. 



Your {ii-titioiii-r further shown that the aaid May 

 term was adjourned to meet at Richmond on the 4tn 

 day of .linn-, in tint year la*t aforesaid. That at said 

 adjourned terra your petition! r a]>]i-ar.-<l byhiscoun- 

 .-i, and urv'1 a trial at mild adjournedterm, offering 

 to j.r.M-i-rd without delay; but that the Government 

 die lined to proceed on- said indictment. Yoi. 

 tioner 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 shown tliat his imprison- 

 ment aforesaid has greatly impaired his health, and 

 that the continuance thereof through the ensuing 

 summer would involve serious danger to bis life, aa 

 your petitioner believes. 



Your petitioner further says that ample sureties for 

 his appearance to abide judgment on said indict- 

 ment can be given, if your petitioner snail be admit- 

 ted to bail. 



Your petitioner further shows that his detention, 

 imprisonment, and custody aforesaid, always have 

 been and are exclusively under or -by color of the 

 authority 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 Richmond 

 on the first Monday of May, 1867. 



Whereupon your petitioner prays that a writ of 

 habeas corpus may issue from this honorable court, 

 to be directed to Brigadier-General Henry S. Burton 

 aforesaid, and whomsoever may hold your petitioner 

 in custody, commanding him or them to nave 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 inquir- 

 ing 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 GEORGE SHEA, his attorney in fact. 



United States of America, District of Columbia, s.: 

 George Shea, being duly sworn, says that he is attor- 

 ney in fact for the petitioner in the preceding petition 

 named ; that he is acquainted with the said peti- 

 tioner, and saw him in close custody, as a prisoner, 

 in Fort Monroe, in the month of March last ; that he, 

 this deponent, has a general knowledge of the facts 

 in the above petition stated, and that he verily be- 

 lieves the said petition to be in all respects true. 



GEORGE SHEA. 



Subscribed and sworn before , me, this 1st day of 

 May, 1867, at Alexandria, Va. 



JOHN C. UNDERWOOD, District Judge. 



And thereupon the following writ was 

 granted : 



The President of the United States to Brigadier-Gen- 

 eral Henry S. Burton, and to any person orpertons 

 having the custody of Jefferson Davis, greeting : 

 We command that you have the body of Jefferson 

 Davis, by you imprisoned and detained!, as it is said, 

 together with the cause of such imprisonment ana 

 detention, by whatsoever name the said Jeflersrm 

 Davis may be called, or charged, before our Circuit 

 Court of the United States for the District of Vir- 

 ginia, at the next term thereof at Richmond, in said 

 District, on the second Monday in May, 1867, at tho 

 opening of the Court on that day, and so do and re- 

 ceive what shall then and there bo conaidored con- 

 cerning the said Jefferson Davis. 



