Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-18
United States Supreme Court.
MILITARY TRIALS OF CIVILIANS
The Indiana conspiracy Case.
ARGUMENT OF non JEREMIAH $. BLACK

ARGUMENT OF non JEREMIAH s. BLACK
In September, 1864, L. P. Milligan,
w. A. Bowles, Stephen Horsey, and
others, were arrested and brought before
amilitar, com mission at Indianapolis,
Indiana, charged With being members, of
the order Of s'American Knights" or
"Sons OF Libefiy,' in League with arm
ed rebels, and with having conspired to
release the rebel prise ners of war con-
fined in the United States military pris-
ons at Indianapolis, Chicago and Rock
Island. The three parties named, after
q protracted trial, were found guilty OF
the charges and specifications preferred
against them, and condemned to death.
The findings and sentence were approved
by the President and promulgated by the
War Department on the I'd OF May, 1865
and the i9.h day ofthe same month vas
fixed for the execution. On the 10th Of
May, however, they applied by petition
to the circuit court of the United States
for the district OF Indiana (Judge Davis
and McDonald) for writ of habeas cor
pus, or for an ord er of discharge, under
the act of Congress approved March 8,
1868, entitled "An act relating to ha6eaS
corpus, and regulating Judicial proceed
ipgs in certain cases" The judges Of
the circuit court were divided in opinion
upon this application, and certified the
following questions. on which they dit
fered. to lhe Supreme Court for decision.
1. "On the facts stated in said petition
and exh bits, orght writ of h06eGs corr
pusto be issued according to the prayer
of said petition =
g. .AOn the facts. stated in said peti
lion and exhibits, ought the said parties
to be discharged from custody ,as in said
petition prayed !"
8 aWhethcr, upon the facts stated in
petition and exhibits, the military com
mission mettioned therein had jurisdlc-
ton legally to try and sentence said par
ties in manner and form az in said petit
lion and exhibits is stated -
After the action of the circuit court
certifying the case to the Supreme Court
for final decision, the President commu-
ted the sentence OF the petitioners to im-
prisonment for life.
The argument of those questions,
which commenced on the 5'h and ter
minated on the 18th of March, lS66,was
conducted on the part of the petitioners
by J. E. Mcdonald, Esq, of Indiana,
Hon: J. A Garfield, of Ohio, Hon. J.S.
Black, cf Pennsylvania, and David Dad
ley Field, OF New York +; and on behalf
Of the United States by b + Butler,
of Massachusetts, Hon II. Stanberry of
Ohio, and Hon. James Speed, Attorney
Generafof the Unitod States. The ar
eument of Mr.. BLACK. for the petition
ers taken in short-hand by Mr.. D. F..
Murphy, one of the conductors of The
REPoRTER,] was as follows;
Hay il Please your Honors
I am not afraid that you will UNDER
rate. the Importance of this case Ii con-
Germs The rights of the whole people.
Such questions have generally been set
tied by arms. But since the beginning
of the world no battle has ever been
lost or won upon which the liberties cl
. nation were so distinctly staked as they
are on The result of this argument. The
pen that writes the judgement of the
Court, will be NJ ghiier for good or for
evil than any sword that ever was wlel-
ded By mortal arm.
As might be expected from the nature
Of the subject, it has been good deal
discussed elsewhere, in legislative bodies,
in public assemblies, and in the newspa-
per press Of the country. But there it has