The Milligan case / edited by Samuel Klaus.

London : George Routledge & Sons, 1929.

73939

Habeas corpus.

Martial law -- United States.

Constitutional law -- United States.

Introduction by the editor.

Record in the Supreme court.

Argument for the United States.

Argument of James Abram petitioner.

Argument of David Dudley Field for the petitioner.

Reply of Benjamin F. Butler for the United States.

Order of the court.

Opinions of the court.

Appendix A: Proceedings of a military commission.

Appendix B: Ex parte Merryman.

Lambdin P. Milligan and others were arrested on order of the general commanding the military district of Indiana, and tried in October, 1864, by a military commission on a charge of conspiracy against the government. They were found guilty and sentenced to death. On May 10, 1865, Milligan petitioned the United States Circuit court in Indiana for a writ of habeas corpus and the judges disagreeing certified the question of law to the Supreme court. The opinion of the Court (Ex parte Milligan, 4 Wall. 2) said "Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."

A short bibliography": p. 475-476.

HeinOnline world trials library collection.

5 p. l., 3-476 p., 1 l. front., ports. ; 25 cm