Ex parte Milligan

Media Items
Case Basics
Petitioner: 
Ex parte Milligan
Decided By: 
Chase Court (1865-1867)
Opinion: 
71 U.S. 2 (1866)
Categories: 
jurisdiction, habeas corpus, justiciability, presidency, criminal

Cite this page
The Oyez Project, Ex parte Milligan , 71 U.S. 2 (1866)
available at: (http://oyez.org/cases/1851-1900/1865/1865_0)
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: 

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.