The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Monday, March 5, 1866
Decision: Tuesday, April 3, 1866
Categories: presidency, justiciability, jurisdiction, habeas corpus, criminal

Advocates

Not available

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.

Cite this page

The Oyez Project, Ex parte Milligan, 71 U.S. 2 (1866),
available at: <http://www.oyez.org/cases/1851-1900/1865/1865_0/>
(last visited ).