Ex parte Milligan

Media Items

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

Categories:

jurisdiction, habeas corpus, justiciability, presidency, criminal

Location No location information present.

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.

Decisions

Decision: 9 votes for Milligan, 0 vote(s) against
Legal provision: US Const. Amend 5

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