Supreme Court 5 - Ex Parte Milligan 1866

AP US History Buschistory David Busch

This Civil War case explores the idea of civilians facing military tribunals. Milligan was part of a group of Civil War dissenters. They were northern Democrats charged with conspiracy to overthrow the government, lead an insurrection and in general thwart Union efforts in the War. Pres. Lincoln had suspended the writ of habeas corpus and declared martial law in areas with many protesters. Arrested with his co-conspirators, the military court sentenced Milligan to hang. The Supreme Court will set the precedent that civilians cannot be judged in military courts as long as civilian courts are in session.