The Milligan Case
A. A. Knopf, 1929 - 476 strani
Lambdin P. Milligan and others were arrested on order of the general commanding the military district of Indiana, and tried in October, 1864, by a military commission on a charge of conspiracy against the government. They were found guilty and sentenced to death. On May 10, 1865, Milligan petitioned the United States Circuit court in Indiana for a writ of habeas corpus and the judges disagreeing certified the question of law to the Supreme court. The opinion of the court (Ex parte Milligan, 4. Wall. 2) said "Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war".
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RECORD IN THE SUPREME COURT
ARGUMENT FOR THE UNITED STATES
ARGUMENT OF JAMES ABRAM GARFIELD
7 preostalih delov ni prikazanih
accused American answer appointed arms army arrest asked authority believe Bowles brought called cause character charge Circuit citizens civil Commander communicated Congress Constitution Council counsel Court decision Democratic directed district Dodd draft enemy evidence executive exercise existence fact follows forces give Government Grand guilty habeas corpus hand heard held Horsey Humphreys Indiana Indianapolis introduced issued Judge Advocate jurisdiction jury justice Knights known learned letter Major martial law matter means meeting military commission Milligan never objection opinion organization party peace persons petition petitioners present President prisoners proceedings prove punishment question reason rebel rebellion received reference resist rule secret sent sentence Sons of Liberty Specification speech suspend taken thing thought tion told took trial understood United witness writ writ of habeas