Ex parte Milligan, 71 U.S. 4 Wall. 2 2 (). Ex parte Milligan. 71 U.S. (4 Wall.) 2. Syllabus. 1. Circuit Courts, as well as the judges thereof, are authorized, by the. In Ex parte Milligan, the Court held that Presedent Lincoln had violated the In Ex parte Milligan (), the Supreme Court ruled that a prisoner’s ability to. U.S. Supreme Court. EX PARTE MILLIGAN. 71 U.S. 2 (). December Term, Mr. Justice DAVIS delivered the opinion of the court. On the 10th day of.

Author: Tojarn Arale
Country: Guinea-Bissau
Language: English (Spanish)
Genre: Medical
Published (Last): 7 December 2010
Pages: 75
PDF File Size: 18.62 Mb
ePub File Size: 1.59 Mb
ISBN: 719-4-36578-883-2
Downloads: 76843
Price: Free* [*Free Regsitration Required]
Uploader: Gurr

The first section authorizes the suspension, during the Rebellion, of the writ of habeas corpus, throughout the United States, by the President. Certainly no part of judicial power of the country was conferred on them, because the Constitution partee vests it “in one supreme court and such inferior courts as the Congress may from time to time ordain and establish,” milligan it is not pretended that the commission was a court ordained and established by Congress. We think that the power of Congress, in such times and in such localities, to authorize trials for crimes against the security and safety of the national forces may be derived from its constitutional authority to raise and support armies and to declare war, if not from its constitutional authority to provide for governing the national forces.

Each pwrte all authorities essential to its due exercise.

The act was intended to resolve the question of whether Lincoln had the constitutional authority to suspend the writ of habeas corpus as authorized under Article 1 of the U.

But the true meaning to the term “suit” has been given by this court. On her soil there was no hostile foot; if once invaded, that invasion was at an end, and, with [p] it, all pretext for martial law. Congress is but the agent of the nation, and does not the security of individuals against the abuse of this, as of every other, power depend on the intelligence and virtue of the people, on their zeal for public and private liberty, upon official responsibility secured by law, and upon the frequency of elections, rather than upon doubtful constructions of legislative powers?

Radical Republicans denounced the decision and feared the impact it might have on their plans for military rule in the South throughout Reconstruction.

Ex parte Milligan, 71 U.S. 2 (1866)

But it is maintained with earnestness and ability that a certificate of division of opinion can occur only in a cause, and that the proceeding by a party moving for a writ of habeas corpus does not become a cause until after the writ has been issued and a return made.

Supreme Court was asked to consider milligqn questions in the Ex parte Milligan case:. The crimes with which Milligan was charged were of the gravest character, and the petition and exhibits in the record, which must here be taken as true, admit his guilt.

Milligan to be discharged from custody as in said parrte prayed? These precedents inform us of the extent of the struggle to preserve liberty and to relieve those in civil life from military trials. The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of mikligan protection all classes of men, at all times [p] and under all circumstances.


Circuit Courts, as well as the judges thereof, are authorized, by the fourteenth section of the Judiciary Act, to issue the writ of habeas corpus for the purpose of inquiring into the cause of commitment, and they have Page 71 U.

Ex parte Milligan

Milligan avers he was a citizen of Indiana, not in the military or naval service, and was detained in close confinement, by order of the President, from the 5th day of October,until the 2d day of January,when the Circuit Court for the District of Indiana, with a grand jury, convened in session at Indianapolis, and afterwards, on the 27th day of the same month, adjourned without finding an indictment or presentment against him. Civil liberty and this kind of martial law cannot endure.

And is it impossible to imagine cases in which citizens conspiring or attempting the destruction or great injury of the national forces may be subjected by Congress to military trial and punishment in the just exercise of this undoubted constitutional power?

The government was the prosecutor of Milligan, who claimed that his imprisonment was illegal and sought, in the only way he could, to recover his liberty. It has therefore the power to provide by law for carrying on war. Cases arising in the land or naval forces, or in the militia in time of war or public danger, are excepted from the necessity of presentment or indictment by a grand jury, and the right of trial by jury in such cases is subject to the same exception.

The laws which protect the liberties of the whole people must not be violated or set aside in order to inflict, even upon the guilty, unauthorized though merited justice. We are not without precedents in English and American history illustrating our views of this question, but it is hardly necessary to make particular reference to them.

The discipline necessary to the efficiency of the army and navy required other and swifter modes of trial than are furnished by the common law courts, and, in pursuance of the power conferred by the Constitution, Congress has declared the kinds of trial, and the manner in which they shall be conducted, for offences committed while the party is in the military or naval service.

Ex parte Milligan :: 71 U.S. 2 () :: Justia US Supreme Court Center

The power to make the necessary laws is in Congress, the power to execute in the President. Chief Justice Marshall, in Bollman’s case, [ Footnote 5 ] construed this branch of the Judiciary Act to authorize the courts as well as the judges to issue the writ for the purpose of inquiring into the cause of the 18666, and this construction has never been departed from. Everyone connected with these branches of the public service is amenable to the jurisdiction which Congress has created for their government, and, while thus serving, surrenders his right to be tried by the civil courts.

In Indiana, the judges and officers of the courts were loyal to the government. But Milligan claimed his discharge from custody by virtue of the act of Congress “relating to habeas corpus, and regulating judicial proceedings in certain cases,” approved March 3d, John Smith, a missionary to the negroes, on the alleged ground of aiding and abetting a formidable rebellion in that colony.

The controlling question in the case is this: This court has judicial knowledge that, in Indiana, the Federal authority was padte unopposed, and its courts always open to hear criminal accusations and redress grievances, and no usage of war could sanction a military trial there for any offence whatever of a citizen in civil life in nowise.


Such a result was not in the contemplation of the legislature ofand the language used by it cannot be construed to mean any such thing. Chief Justice Chase asserted that Congress had the power to authorize a military commission, but it had not done so in Milligan’s case.

On the facts stated in the petition and exhibits, ought a writ of habeas corpus to be issued according to the prayer of said petitioner? It was approved by his successor in May,and the sentence was ordered to be carried into execution. One of the very points on which the case of Tobias Watkins, reported in 3 Peters, [ Footnote 6 ] turned was.

And we are unwilling to give our assent by silence to expressions of opinion which seem to us calculated, though not intended, to cripple the constitutional powers of the government, and to augment the public dangers in times of invasion and rebellion. In interpreting a law, the motives which must have operated with the legislature in passing it are proper to be considered. Garfielda member of Congress in his first ever courtroom argument and a future U.

Whether the case mililgan up here by certificate of division was so sent up in conformity with the intention of the act of ? It was under this act that Milligan petitioned the Circuit Court for the District of Indiana for discharge from imprisonment. Again, in Cohens v. The public safety demanded, if the President thought proper to arrest a suspected person, that he should not be required to give the cause of his detention on return to a milligqn of habeas corpus.

Ex parte Milligan – Wikipedia

But under those circumstances, the writ must be issued, and the relief from imprisonment directed by the act must be afforded.

Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln, and if this right is conceded, and the calamities of war again befall us, the dangers to human liberty are frightful to contemplate. To the third question, then, on which the judges below were opposed in opinion, an answer in the negative must be returned.

Both are servants of the people, whose will is expressed in the fundamental law.

The opinions of the judges of the Circuit Court were opposed on three mliligan, which are certified to the Supreme Court:.

Constitutionwhich authorizes the suspension of the writ of habeas corpus “when in Cases of Rebellion or Invasion the public Safety may mklligan it. One of the questions in Weston v. Chase and Justices James Moore WayneNoah Haynes Swayneand Samuel Freeman Miller filed a separate opinion concurring with milliggan majority in the judgment, but they disagreed with the majority’s assertion that Congress did not have the power to authorize military commissions in Indiana.

Whether the Circuit Court had jurisdiction to hear the case there presented? It was for Congress to determine the question of expediency. The second and third sections of the law are explicit on these points.