Ex parte Milligan

PETITIONER: Lambdin P. Milligan et al.
RESPONDENT: United States
LOCATION: Military Commission at United States Court House in Indianapolis

DECIDED BY: Chase Court (1865-1867)
LOWER COURT: State appellate court

ARGUED: Mar 05, 1866 / Mar 06, 1866 / Mar 07, 1866 / Mar 08, 1866 / Mar 09, 1866 / Mar 12, 1866 / Mar 13, 1866
DECIDED: Apr 03, 1866

Benjamin F. Butler - for the United States
David Dudley Field - for Milligan
Jeremiah S. Black - for Milligan
James A. Garfield - for Milligan

Facts of the case

Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War; he had engaged in acts of disloyalty. Milligan sought release through habeas corpus from a federal court.


Does a civil court have jurisdiction over a military tribunal?