The Milligan Case
A. A. Knopf, 1929 - Constitutional Law - 476 pages
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
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