War of the Rebellion: Serial 121 Page 0984 PRISONERS OF WAR AND STATE, ETC.

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Witness Salmon P. Chase, our Chief Justice of our Supreme Court of the United States, this the first day of May, in the year one thousand eight hundred and sixty-seven.

[SEAL.]

W. H. BARRY,

Clerk of the Circuit Court of the United States

for the District of Virginia.

A true copy:

W. A. DUNCAN,

Depute Marshal.

Allowed May 1, 1867.

JOHN UNDERWOOD,

District Judge.

In obedience to the exigency of the within writ I now here produce before the within named Circuit Court of the United States for the District of Virginia the body of Jefferson Davis, at the time of the service of the writ held by me in imprisonment at Fort Monroe under the military authority of the United States, and submit and surrender the said Jefferson Davis to the custody, jurisdiction, and control of the said court, as I am directed to do by order of the President of the United States under date of May 8, 1867.*

H. S. BURTON,

Colonel Fifth Artillery, Brevet Brigadier-General, U. S. Army.

UNITED STATES CIRCUIT COURT, DISTRICT OF VIRGINIA:

I certify the above to be a true and correct copy of the return of General H. S Burton on the original writ of which the within is a copy, now on file and of record in this office.

Witness my hand and seal of said court at the city of Richmnd, in said district, this 14th day of May, A. D. 1867.

[SEAL.]

W. H. BARRY,

Clerk.

OFFICE OF U. S. DISTRICT ATTORNEY FOR VIRGINIA,

Norfolk, May 4, 1867.

Honorable EDWIN M. STANTON, Secretary of War, Washington;

SIR: The U. S. Circuit Court for the District of Virginia will meet at Richmond Monday next. Will you be pleased to give me an order upon the commandant at Fort Monroe, directing him to surrender Jefferson Davis to the U. S. marshal, or his deputies, upon any process which may issue from the Federal court?

I have the honor to be, with great respect, your obedient servant,

L. H. CHANDLER,

U. S. District Attorney for Virginia.

[First indorsement.]

MAY 4, 1867.

Respectfully referred to the President for his instructions.

EDWIN M. STANTON.

[Second indorsement.]

MAY 7, 1867.

Returned to the honorable the Secretary of War, who will at once issue the order requested by District Attorney Chandler.

ANDREW JOHNSON.

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*See p. 985.

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