This day in 1864, an Indiana civilian, Lambdin P. Milligan, wrote his friend Secretary of War Edwin Stanton, requesting a reconsideration of his conviction for conspiracy and consequent death sentence by a military court. This led to the Supreme Court decision, Ex parte Milligan (1866), maintaining that military courts have no jurisdiction in states where regular government and courts are functioning.
Justice David Davis wrote:
“Martial law cannot arise from a threatened invasion.”
Posted by Bobby Farouk at December 28, 2004 12:12 PM