EX PARTE MILLIGAN 1866 PDF

On the 10th day of May, , Lambdin 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. The case made by the petition is this: Milligan is a citizen of the United States; has lived for twenty years in Indiana, and, at the time of the grievances complained of, was not, and never had been, in the military or naval service of the United States. On the 5th day of October, , while at home, he was arrested by order of General Alvin P. Hovey, commanding the military district of Indiana, and has ever since been kept in close confinement. On the 21st day of October, , he was brought before a military commission, convened at Indianapolis by order of General Hovey, tried on certain charges and specifications, found guilty, and sentenced to be hanged, and the sentence ordered to be executed on Friday, the 19th day of May,

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Milligan was arrested by the command of General Alvin P. Hovey for certain charges that are not discussed. He was taken into custody and sentenced to be hanged.

He petitioned to the Circuit Court of the United States for the District of Indiana to be discharged from his imprisonment. Issue Does the military have jurisdiction to try and convict Lambdin P. Holding No, the military does not have jurisdiction over Lambdin P. Milligan because they courts were open and able to hear cases. Reasoning The Constitution says that everybody is entitled to a trial by jury.

The military only has power to control the judicial branch when the courts are not open and the people are in immediate danger. Indiana was one of the states that were not being rebellious. Therefore, the military did not have authority to act as a court and have trials. Milligan was also denied a trial by jury. He was tried and convicted by a military commission. Martial law can only exist when judicial law does not. These two do not coexist.

Martial law cannot be applied to this case unless the dangers were in the state of Indiana. Just a threat is not enough to apply martial law. Thus, the military had no authority to try and convict Lambdin P.

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Ex Parte Milligan

Supreme Court ruled that the federal government could not establish military courts to try civilians except where civil courts were no longer functioning in an actual theatre of war. Lambdin P. Milligan had been arrested in , charged with aiding the Confederacy , conspiring to free Confederate prisoners, and inciting insurrection. Arrested in his Indiana home by the Union general in command of the state, Milligan had been active in a secret society friendly to the Confederate cause. He was tried by a military court established in Indiana under the authority of President Abraham Lincoln , found guilty, and sentenced to hang. The case eventually reached the Supreme Court, which unanimously declared that the president had no power to set up military tribunals in secure areas where civil courts were functioning.

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Ex parte Milligan, 71 U.S. 2 (1866)

Ex parte Milligan, 71 U. Circuit Courts, as well as the judges thereof, are authorized, by the fourteenth section of the Judiciary Act, to issue the writ of habeas corpus for the purpose of inquiring into the cause of commitment, and they have Page 71 U. The usual course of proceeding is for the court, on the application of the prisoner for a writ of habeas corpus, to issue the writ, and, on its return, to hear and dispose of the case; but where the cause of imprisonment is fully shown by the petition, the court may, without issuing the writ, consider and determine whether, upon the facts presented in the petition, the prisoner, if brought before the court, would be discharged. When the Circuit Court renders a final judgment refusing to discharge the prisoner, he may bring the case here by writ of error, and, if the judges of the Circuit Court, being opposed in opinion, can render no judgment, he may have the point upon which the disagreement happens certified to this tribunal. A petition for a writ of habeas corpus, duly presented, is the institution of a cause on behalf of the petitioner, and the allowance or refusal of the process, as well as the subsequent disposition of the prisoner is matter of law, and not of discretion.

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Ex Parte Milligan (1866)

Milligan was arrested by the command of General Alvin P. Hovey for certain charges that are not discussed. He was taken into custody and sentenced to be hanged. He petitioned to the Circuit Court of the United States for the District of Indiana to be discharged from his imprisonment.

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