Ex Parte Milligan The Oyez Project Chase Court (1865-1867 ...

Ex Parte Milligan

The Oyez Project ______________________________________________________________________

Case Basics

Petitioner Ex parte Milligan

Decided By Chase Court (1865-1867)

Opinion 71 U.S. 2 (1866)

Argued Monday, March 5, 1866

Decided Tuesday, April 3, 1866 ______________________________________________________________________

Term: 1851-1900 > 1865

Location: Military Commission at United States Court House in Indianapolis Facts of the Case Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War; he had engaged in acts of disloyalty. Milligan sought release through habeas corpus from a federal court. Question Does a civil court have jurisdiction over a military tribunal?

Conclusion

Decision: 9 votes for Milligan, 0 vote(s) against Legal provision: US Const. Amend 5 Davis, speaking for the Court, held that trials of civilians by presidentially created military commissions are unconstitutional. Martial law cannot exist where the civil courts are operating.

Source URL: Saylor URL:

Attributed to: [The Oyez Project at IIT Chicago-Kent College of Law]

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Supreme Court Members

Chase Grier Miller

Wayne Clifford Davis

Nelson Swayne Field

Source URL: Saylor URL:

Attributed to: [The Oyez Project at IIT Chicago-Kent College of Law]

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