Ex parte Milligan
Significance, Further Readings
Petitioner
Lambdin P. Milligan
Respondent
United States
Petitioner's Claim
A military commission was not a competent tribunal for the trial of the petitioner, a military commission may not try nor convict him, and the petitioner should be released.
Chief Lawyers for Petitioner
J. S. Black, J. E. McDonald, J. A. Garfield, David Dudley Field, A. L. Roache, John R. Coffuth
Chief Lawyers for Respondent
James Speed; Henry Stanbery, U.S. Attorney General; Benjamin F. Butler
Justices for the Court
Salmon Portland Chase, Nathan Clifford, David Davis (writing for the Court), Stephen Johnson Field, Robert Cooper Grier, Samuel Freeman Miller, Samuel Nelson, Noah Haynes Swayne, James Moore Wayne
Justices Dissenting
None
Place
Washington, D.C.
Date of Decision
3 April 1866
Decision
The trial of Milligan on charges of treason and conspiracy, was found to be illegal because it was conducted by a military court.
Related Cases
- Marbury v. Madison, 5 U.S. 137 (1803).
- Ex parte Quirin, 317 U.S. 1 (1942).
Additional topics
- Ex Parte Siebold - Significance, Stuffing The Ballot Box, Who Is In Charge?, The Court Fights Back
- Ex Parte McCardle: 1868 - Congress Denies Mccardle Access To Supreme Court, Congress Could Not Be Denied
- Ex parte Milligan - Significance
- Ex parte Milligan - Further Readings
- Other Free Encyclopedias
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1833 to 1882