The Milligan case, ed. by Samuel Klaus

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The Resource The Milligan case, ed. by Samuel Klaus

Note: 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 the actual war."

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Contents: Introduction by the editor.- Record in the Supreme court.- Argument for the United States.- Argument of James Abram Garfield for the petitioner.- Argument of Jeremiah S. Black for the petitioner.- Argument of David Dudley Field for the petitioner.- Reply of Benjamin F. Butler for the United States.- Order of the court.- Opinions of the court.- Appendix A: Proceedings of a military commission.- Appendix B: Ex parte Merryman

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