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


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.


From the Oyez Project. Used with permission.