Ex parte Milligan
Supreme Court of the United States
Tins case came before the court upon a certificate of division from the judges of the Circuit Court for Indiana, on a petition for discharge from unlawful imprisonment. The case was thus: An act of Congress — the Judiciary Act of 1789,* section 14 — enacts that the Circuit Courts of the United States “ Shall have power to issue writs of habeas corpus.
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Tins case came before the court upon a certificate of division from the judges of the Circuit Court for Indiana, on a petition for discharge from unlawful imprisonment. The case was thus: An act of Congress — the Judiciary Act of 1789,* section 14 — enacts that the Circuit Courts of the United States “ Shall have power to issue writs of habeas corpus. And that either of the justices of the Supreme Court, as well as judges of the District Courts, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment. Provided,” &c. Another act — that of…
1Opinion of the CourtJustice Davis
On the 10th day of May, 1865, Lambdin P. Milligan presented a petition to the Circuit Court of the United States for the District of Indiana, to be discharged from an alleged unlawful imprisonment. The case made by the petition is this: Milligan is a citizen of the United States; has lived for twenty years in Indiana; and, at the time of the grievances complained of, was not, and never had been in the military or naval service of the United States. On the 5th day of October, 1864, while at home, he was aiuested by order of General Alvin P. Hovey, commanding the military district of Indiana;…
2Cases cited3 opinions
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