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Topic: Ex parte Milligan

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	Ex parte Milligan
		Milligan supposed he had a right to test the validity of his trial and sentence, and the proceeding which he set in operation for that purpose was his "cause" or "suit." It was the only one by which he could recover his liberty.
		Milligan, in his application to be released from imprisonment, averred the existence of every fact necessary under the terms of this law to give the Circuit Court of Indiana jurisdiction.
		Milligan could not know that the list was furnished, unless the judges volunteered to tell him, for the law did not require that any record should be made of it or anybody but the judges informed of it.
	supct.law.cornell.edu /supct/html/historics/USSC_CR_0071_0002_ZO.html (5955 words)

	EX PARTE MILLIGAN
		It was under this act that Milligan petitioned the Circuit Court for the District of Indiana for discharge from imprisonment.
		Milligan was imprisoned under the authority of the President, and was not a prisoner of war.
		In Indiana, for example, at the time of the arrest of Milligan and his co-conspirators, it is established by the papers in the record, that the state was a military district, was the theatre of military operations, had been actually invaded, and was constantly threatened with invasion.
	www.tourolaw.edu /Patch/Milligan/Chase.asp (2581 words)

	Pearson Prentice Hall: Supreme Court Cases
		Peacetime guarantees of due process were suspended in many cases, and arrested persons were denied the use of writs of habeas corpus which required that a detained person be brought before a court to hear the reason why he or she was imprisoned.
		Lambden P. Milligan was arrested in Indiana in 1864 upon the orders of one General Hovey, commander of the military district of Indiana.
		Milligan was engaged in acts subversive to good order and was giving aid and comfort to the States in rebellion.
	www.phschool.com /atschool/supreme_court_cases/milligan.html (779 words)

	ex parte Milligan â“ FREE ex parte Milligan Information \| Encyclopedia.com: Facts, Pictures, Information!
		ex parte Milligan case decided by the U.S. Supreme Court in 1866.
		Army authorities had arrested Lambdin Milligan, a civilian who was involved in Copperhead, or pro-Confederate, activities in Indiana, and in 1864 he was tried by a military commission, convicted of fomenting rebellion, and condemned to death.
		In Ex parte Quirin52 and In re Yamashita,53 the Court acknowledged...
	www.encyclopedia.com /doc/1E1-Milligan.html (1167 words)

	EX PARTE QUIRIN ET AL
		The law of war includes that part of the law of nations which prescribes for the conduct of war the status, rights and duties of enemy nations and of enemy individuals.
		Ex parte Milligan, 4 Wall 2, 18 L Ed.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as -- in circumstances found not there to be present, and not involved here -- martial law might be constitutionally established.
	www.uwosh.edu /greatideas/harris/QUIRIN.htm (12179 words)

	SSRN-The Story of Ex Parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization by Curtis ...
		In Ex parte Milligan, decided a year after the end of the Civil War, the Supreme Court held that the U.S. military had lacked the constitutional authority during the war to try U.S. citizens living in Indiana before a military commission.
		Milligan is often cited as a rare and admirable instance in which the Supreme Court invalidated Executive action during wartime in order to protect civil liberties, and it is frequently invoked in challenges to government action in the current war on terrorism.
		Part of the uncertainty stems from the decision's apparent inconsistency with widespread military practices during and immediately after the Civil War, including most notably the use of military commissions to try thousands of individuals not formally associated with the Confederate army.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=1015618 (412 words)

	Ex parte Milligan - Further Readings
		Milligan was convicted and sentenced to hang.He appealed his case to the Supreme Court.
		If the military trial of Milligan was contrary to law, then he was entitled,on the facts stated in his petition, to be discharged from custody by the terms of the act of Congress of 3 March 1863.
		He stated that though the crimeswith which Milligan was charged were of the gravest character, it is more important to the country and to every citizen that he should not be punished under an illegal sentence, sanctioned by the Supreme Court, than that he shouldbe punished at all.
	law.jrank.org /pages/13644/Ex-parte-Milligan.html (777 words)

	U.S. GOVERNMENT > Introduction to the U.S. System > Guiding Principles > Basic Readings in U.S. Democracy
		Certainly the language of Milligan allows the courts to interpose themselves between the citizenry on the one hand, and Congress, the president and the armed forces on the other.
		On the 10th day of May, 1865, Lambden P. Milligan presented a petition to the Circuit Court of the United States for the District of Indiana, to be discharged from an alleged unlawful imprisonment...
		Those applicable to this case are found in that clause of the original Constitution which says, "That the trial of all crimes, except in case of impeachment, shall be by jury"; and in the fourth, fifth, and sixth articles of the amendments...
	usinfo.state.gov /infousa/government/overview/26.html (2140 words)

	UNITED STATES v. MINORU YASUI - District Court, D. Oregon
		Ex parte Owens, D.C.Or., Judge McColloch, where it was held that one under eighteen years of age who had enlisted in the National Guard of the State of Oregon Without parents' consent could be inducted and compelled to serve after the mobilization in federal service.
		In Ex Parte Milligan, supra, a citizen of the United States who had been tried, convicted and sentenced to death by military commission for conspiracy and subversive measures against the federal government, applied for habeas corpus.
		The doctrines of Ex parte Milligan are not repudiated by the Quirin decision.
	bss.sfsu.edu /internment/yasui1942.html (6752 words)

	The Supreme Court . The First Hundred Years . Landmark Cases . Ex parte Milligan (1866) \| PBS
		In Ex parte Milligan (1866), the Supreme Court ruled that a prisoner's ability to challenge his or her detention could only be suspended for a brief and finite period of time, and only if the situation compelled it.
		In his petition, Milligan argued that the military tribunal had no jurisdiction (power) to try him because he was an American citizen living in a non-rebellious state (Indiana) and the laws thus gave him a right to a criminal trial in a civilian court.
		The Court also noted that Milligan was not connected to the armed forces and had not been fighting Union forces when he was captured, and that the civil courts of Indiana were operational at the time.
	www.pbs.org /wnet/supremecourt/antebellum/landmark_exparte.html (621 words)

	Ex Parte Quirin (Site not responding. Last check: )
		Similarly the Espionage Act of 1917, which authorizes trial in the district courts of certain offenses that tend to interfere with the prosecution of war, provides that nothing contained in the act 'shall be deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial'.
		Ex parte Terry, 128 U.S. 289, 302, 304 S., 9 S.Ct. 77, 79; Savin, Petitioner, 131 U.S. 267, 277, 9 S.Ct. 699, 701; In re Debs, 158 U.S. 564, 594-59, 15 S.Ct. 900, 910, 911; United States v.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as-in circumstances found not there to be present and not involved here-martial law might be constitutionally established.
	www.agh-attorneys.com /4_ex_parte_quirin.htm (7492 words)

	Key Supreme Court Cases: Ex Parte Milligan (ABA Division for Public Education)
		In the Milligan case, the Court had to decide whether Lincoln had followed the law and the Constitution when he authorized martial law.
		The Court stressed that Indiana was not under attack and that Milligan was not connected with Confederate military service, nor was he a prisoner of war.
		Milligan was released from prison and never convicted by a civilian court.
	www.abanet.org /publiced/youth/sia/holtcases/milligan.html (608 words)

	Ex Parte Milligan
		Ex Parte Milligan was a celebrated case and landmark decision by the U.S. Supreme Court in 1866, which limited the application of martial law.
		Lambdin Milligan, a civilian and a Confederate sympathizer, was arrested in Indiana and charged with conspiring to incite rebellion.
		The defense claimed that "Milligan had been deprived of his constitutional rights to a trial by jury." The case was brought before the United States Supreme Court, which overturned the conviction, ruling that civilians could not be tried by the military when civil courts were in operation.
	thomaslegion.net /unitedstatessupremecourtexpartemilligan.html (279 words)

	EX PARTE MILLIGAN
		In 1864, Lambden P. Milligan, a civilian resident of Indiana, was arrested by the military on charges of inciting insurrection and giving aid and comfort to the Confederacy.
		After being tried and convicted by a military court, Milligan was sentenced to death.
		Everyone connected with these branches of the public service is amenable to the jurisdiction which Congress has created for their government, and, while thus serving, surrenders his right to be tried by the civil courts.
	web.utk.edu /~scheb/Milligan.htm (1553 words)

	The Wounds of War - Mises Institute
		Milligan was part of a movement sneeringly called Copperheads, a broad, diverse group of mostly Democrats who favored a negotiated settlement of the war with the South.
		Milligan was judged by a group of officers from the Indiana Volunteers.
		Milligan's execution was delayed by friends in both the Republican and Democratic parties.
	www.mises.org /story/886 (2196 words)

	IL102203C
		The play was part of the United States Courthouse Centennial Celebration on Oct. 18, and was performed in one of the courtrooms of the courthouse.
		"We picked Ex parte Milligan because it's one of the most influential cases that has arisen in the Southern District of Indiana, and it is still applicable today," said Suzanne Buchko, who directed the play.
		With several of the other parts, the characters can have notes in front of them, but the narrator's lines are totally memorized.
	www.theindianalawyer.com /html/il102203c.html (749 words)

	LII Supreme Court Collection: Historic decisions
		Ex Parte Grossman, 267 U.S. recent Fed?) (recent Supct?
		Ex parte Milligan, 71 U.S. recent Fed?) (recent Supct?
		Ex parte Siebold, 100 U.S. recent Fed?) (recent Supct?
	supct.law.cornell.edu /supct/cases/name.htm (2134 words)

	Lambdin P. Milligan
		All Milligan's sympathies lay with the South, and with the measures of Franklin Pierce and James Buchanan friendly to slave-state interests.
		This time Milligan, Bowles, and others crossed the line of treason, for they communicated details of their scheme for an armed uprising later in the year to the Confederates, and asked for the cooperation of Confederate forces.
		Milligan, expert in law, at once petitioned the Federal Circuit Court for the District of Indiana to be discharged from what he termed his unlawful imprisonment, and in due course the case came before the Supreme Court in
	www.soc.umn.edu /~samaha/cases/milligan_copperhead_conspirator.htm (5530 words)

	Rights During Wartime
		Ex Parte Milligan, 71U.S. The Court did not discuss the Second Amendment, but in argument to the Court, the Attorney General of the United States did.
		The Attorney General, who was defending the legality of Milligan's having been sentenced to death by court martial, retorted that under conditions of war, the protections of the Bill of Rights do not apply.
		On behalf of Milligan, attorney David Dudley Field had presented a passionate and superb argument, explaining that the ultimate issue at bar was the supremacy of the civil power over the military, a principle at the very heart of Anglo-American liberty and republican government.
	www.davekopel.com /2a/Mags/Rights-During-War.htm (1472 words)

	The History of the Supreme Court: Teacher Resources
		Lambdin Milligan and the Writ of Habeas Corpus
		On October 21, 1864 pro-Confederate attorney Lambdin Milligan was tried before a military tribunal in Indiana and found guilty of conspiring to steal weapons, free Confederate prisoners-of-war and aid them in overthrowing the governments of three states to set up a "Northwestern Confederacy." He was sentenced to hang on May 19, 1865.
		Milligan returned to practicing law until he 1897 and died in 1899.
	www.historyofsupremecourt.org /resources/lp_defines_Milligan.htm (3064 words)

	Ex parte Quirin (1942)
		Similarly the Espionage Act of 1917, which authorizes trial in the district courts of certain offenses that tend to interfere with the prosecution of war, provides that nothing contained in the act "shall be deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial."
		From the very beginning of its history this Court has recognized and applied the law of war as including that part of the law of nations which prescribes, for the conduct [*28] of war, the status, rights and duties of enemy nations as well as of enemy individuals.
		It was upon such grounds that the Court denied the right to proceed by military tribunal in Ex parte Milligan.
	faculty.maxwell.syr.edu /tmkeck/Cases/ExParteQuirin1942.html (4743 words)

	Ex parte Milligan
		Ex parte Milligan (1866), a decision of great importance in defining the wartime powers of the chief executive.
		In response, Milligan’s attorneys filed for a writ of habeas corpus in federal circuit court, claiming that Milligan should not have been tried by a military tribunal and that the president should not have suspended the writ of habeas corpus.
		Milligan, but there was concern about possible congressional retaliation if the justices struck a blow against military authority.
	www.sinc.sunysb.edu /Class/pol325/Milligan.htm (3202 words)

	The Suspension of Habeas Corpus (Site not responding. Last check: )
		On its south, Alexandria, the northern part of Virginia, it was packed with rebels.
		Milligan's defending attorneys discussed the case with Lincoln who promised to commute Milligan's sentence.
		In 1920s Charles Warren's Ex parte Milligan became one of the most widely anthologized decisions of the United States Supreme Court, one of the benchmark of American liberty.
	hometown.aol.com /gordonkwok/habeas_corpus.html (2382 words)

	Can Habeas Corpus be Suspended - Ex Parte Milligan, 71 U.S. 2 (1866)
		This being an ex parte application for a writ of habeas corpus made to a court, the division of opinion then occurring was in effect a decision of the case.
		And as Milligan was sentenced to be hanged on the 19th May, for aught that appears, we are discussing a question relating to the liberty of a dead man. Having been sentenced to be hanged on the 19th, the presumption is that he was hanged on that day.
		It was to consist of courts, always open to the complaint of the injured, and always ready to hear criminal accusations when founded upon probable cause; surrounded with all the machinery necessary for the investigation of truth, and clothed with sufficient power to carry their decrees into execution.
	biotech.law.lsu.edu /cases/pp/Milligan.htm (17082 words)

	JURIST - Forum: Jose Padilla and the Milligan Problem
		Although most who remember Milligan emphasize that the rejection of the tribunals was unanimous, history has long-since forgotten that the Court split right down the middle, 5-4, as to why.
		It was entirely because of the available narrower ground that Milligan came to be criticized as overreaching by a bloodthirsty Court weary of the civil liberties disaster that was the U.S. Civil War.
		And it was only the narrower opinion that was left intact by the 1942 case of the Nazi Saboteurs, Ex parte Quirin, in which the Court unanimously affirmed the use of military tribunals to try eight captured German infiltrators, one of whom was a U.S. citizen.
	jurist.law.pitt.edu /forumy/2005/10/jose-padilla-and-milligan-problem.php (1057 words)

	Constitutional Topic: Martial Law - The U.S. Constitution Online - USConstitution.net
		In this case, Lambden Milligan, for whom the case is named, was arrested in Indiana as a Confederate sympathizer.
		Milligan was tried by military commission and sentenced to die by hanging.
		After his conviction, Milligan petitioned the Circuit Court for habeas corpus, arguing that his arrest, trial, and conviction were all unconstitutional.
	www.usconstitution.net /consttop_mlaw.html (1700 words)

	Ex parte Milligan (Site not responding. Last check: )
		Chief Justice Marshall, in Bollman's case,66 construed this branch of the Judiciary Act to authorize the courts as well as the judges to issue the writ for the purpose of inquiring into the cause of the commitment; and this construction has never been departed from.
		But Milligan claimed his discharge f2om custody by virtue of the act of Congress 'relating to habeas corpus, and regulating judicial proceedings in certain cases,' approved March 3d, 1863.
		One of the plainest constitutional provisions was, therefore, infringed when Milligan was tried by a court not ordained and established by Congress, and n/t composed of judges appointed during good behavior.
	www.agh-attorneys.com /4_ex_parte_milligan.htm (5963 words)

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