Ex parte Milligan, 71 U.S. 4 Wall. 2 2 (). Ex parte Milligan. 71 U.S. (4 Wall.) 2. Syllabus. 1. Circuit Courts, as well as the judges thereof, are authorized, by the. In Ex parte Milligan, the Court held that Presedent Lincoln had violated the In Ex parte Milligan (), the Supreme Court ruled that a prisoner’s ability to. U.S. Supreme Court. EX PARTE MILLIGAN. 71 U.S. 2 (). December Term, Mr. Justice DAVIS delivered the opinion of the court. On the 10th day of.

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Did that act confer jurisdiction on the Circuit Court of Indiana to hear this case? 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. Every officer of the United States having custody of such prisoners was required to obey and execute the judge’s order, under penalty, for refusal or delay, of fine and imprisonment.

The provisions of this law having been considered in a previous part of this opinion, we will not restate the views there presented.

Ex parte Milligan

Mlligan of the questions in Weston v. The Court’s decision avoided the risk of its abuse by future administrations in other situations. The states, most jealous of encroachments upon the liberties of the citizen, when proposing additional safeguards in the form of amendments, excluded specifically from their effect cases arising in the government of the land and naval forces.

Another guarantee of freedom was broken when Milligan was denied a trial by jury. 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, paarte Harrison portrayed Milligan as a traitor, while Hendricks focused on Milligan’s “malicious prosecution mmilligan false imprisonment.

And so strong was the sense of the country of their importance, and so jealous were the people that these rights, highly prized, might be denied partee by implication, that, when the original Constitution was proposed for adoption, it encountered severe opposition, and, but for the belief that it would be so amended as to embrace them, it would never have been ratified.

Ex parte Milligan | US Law | LII / Legal Information Institute

Unquestionably, there is then an exigency which demands that the government, if it should see fit in the exercise of a proper discretion to make arrests, should not be required to produce the persons arrested Page 71 U. 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 1866 made of it or anybody but the judges informed of it.


If this had been done, the Constitution would have been vindicated, the law of enforced, and the securities for personal liberty preserved and defended. It is not necessary to attempt any precise definition of the boundaries of this power. At the hearing of the milliggan in the Circuit Court, the opinions of the judges were opposed upon the following questions:.

And is it impossible to imagine cases in which citizens conspiring or attempting the destruction or great injury of the national forces may be subjected by Congress to military trial and punishment in the just exercise of this undoubted constitutional power?

But it is argued that there must be two parties to the suit, because the point is to be stated upon the request of “either party or their counsel.

Ex Parte Milligan

And that either of the justices of the Supreme Court, as well as judges of the District Court, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment.

Nor, in our judgment, does the fifth, or any other amendment, abridge that power.

Mklligan from ” https: The sixth section of the “Act to amend the judicial system of the United States,” approved April 29,declares. In the sense of the law of oarte authorized a certificate of division, a final decision Page 71 U. Chief Justice Chase and three associate justices filed a separate opinion concurring with the majority in the judgment, but asserted that Congress had the power to authorize a military commission, although it had not done so in Milligan’s case.

Ex parte Milligan – Wikipedia

It is not easy to see how he can be treated as a eex of war when he lived in Indiana for the past twenty years, was arrested there, and had not been, during the milpigan troubles, a resident of any of the states in rebellion. This is the extent of the decision. If it is a suit under the 25th section of the Judiciary Act when the proceedings are begun, it is, by all the analogies of the law, equally a suit under the 6th section of the act of It is claimed that martial law covers with its broad mantle the proceedings of this 1686 commission.


Their extent must be determined by their nature and by the principles of our institutions. The writ is not the right itself, but merely the ability to issue orders demanding the right’s “enforcement.

If this position is sound to the extent claimed, then, when war exists, foreign or domestic, miilligan the country is subdivided into military departments for mere convenience, the commander of one of them can, if he chooses, within his limits, on the plea of necessity, with the approval of the Executive, substitute military force for and to the exclusion of the laws, and punish all persons as he thinks right and proper, without fixed or certain rules.

The second and third sections of the law are explicit on these points. The Secretaries of State and War were directed to furnish to the judges of the courts of the. Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service.

But it was not contemplated that such person pare be detained in custody beyond a certain fixed period unless certain judicial proceedings, known to the common law, were commenced against him.

As necessity creates the rule, so it limits its duration, for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. The clause under consideration was introduced to further the ends of justice by obtaining a speedy settlement of important questions where the judges might be opposed in opinion.

An objection by him to the authority of the commission to try him being overruled, Milligan was found guilty on all the charges, and sentenced to suffer death by hanging, and this sentence, having been approved, he was millign to be executed on Friday, the 19th of May,