Ex parte Milligan

71 U.S. 2 (1866)

In this case, the Supreme Court granted the petitioner's request for discharge form unlawful imprisonment during the Civil War. The petitioner had been charged with conspiracy against the United States government; affording aid and comfort to rebels against authority of the United States; inciting insurrection; disloyal practices; and violation of the laws of war. In holding that a military commission was not competent to try the petitioner, the Court found it significant that the petitioner was a citizen not connected with military service and who lived in Indiana, was arrested there, and had not been a resident of any of the states in the rebellion or a prisoner of war. The petitioner had not been captured while participating in hostile activities against the government, for an offense against the United States. Thus, the Court held that the petitioner could not properly be tried on a criminal offense by a military commission, appointed by the military commander, in a state where the courts were open and unobstructed.

Download the full-text version (adobe PDF) .