MIL'LIGAN, Ex PARTE. The title of an im portant decision rendered by the Supreme Court ' of the United States in 1866, growing out • of the events of the Civil War. The precise question raised was whether a citizen domiciled in a State where peace prevails. but which is adjacent to the theatre of war, may be de prived of the right of trial by jury and he subjected to trial before a military commission composed of army officers. The case grew out of the of one Milligan. a citizen of Indiana, by a United States military officer in 186/ on charges of conspiracy. disloyal practices, inciting insurreetion, and giving aid and comfort to the enemy. Ile was tried before a military commis slim at. Indianapolis, was found guilty, and was - sentenced to 1w hanged. ibis counsel thereupon tiled in the Circuit Court of the United States a petition for a writ of habeas corpus denying the jurisdiction of the military commission, on the ground that the civil courts in Indiana were open and unobstructed in the performance of their duties, that a United States grand jury whieh was then in session failed to find a bill of indictment, that the plaintiff was a civilian in no way connected with the Military service, and that lie was not a resident of a rebel State. The
case was finally carried to the Supreme Court of the United States. where it was held that a mili tary commission organized during the war in a Slate not invaded or in rebellion, and where the Federal courts were open and unobstructed, had no jurisdiction to try. convict, or sentence for a criminal offense a citizen who was neither a resi dent of a State in rebellion nor a prisoner of war. nor a person in the military or naval service, and that Congress had no power to confer such authority on it. This opinion was rendered by a bare majority of the court, a vigorous dissent ing opinion being delivered by Chief Justice Chase, in which three other justices concurred. The decision is given in Wallace's Reports, vol. iv. See MILITARY LAW; JlmrrLAt, LAW.