The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-01-16
THE INDIANA CASE.

1t was recently announced that
the Supreme Court of the United
States had decided, in a case which
came up from the Circuit Court of
! Indiana, that the military commits
, sions which have harassed so many
Of our people, and murdered not a
few, are unconstitutional. This
decision of the Court, affording as
it does a guaranty that at least one
: branch Of the government is free
( from Radical maligniiy, has been
} hailed with pleasure by the advo-
Gates of Constitutional liberty
throughout the land. A recent
!: copy ola Washington paper con-
tains the official report of the de-
Fcision, which we regret is too long
for publication in our columns
We will endeavor to state the main
points decided by the Court.
The facts, as stated in the opin-
ion, are briefly these: On the 10th
day of May, 1866, L. P. Milligan
presented petition TO the Circuit
Court Of the United States for the
District of Indianato be discharged
from an alleged unlawful imprison.
ment. Milligan is a citizen of the
United States, has lived for twenty
years in Indiana, and at the time
of the grievances complained of
was not and never had been in the
military or naval service of the
United States. On the 9Th day oil
October, 1864, while at home, he
was arrested by order of General
A. P. Hovey, commanding the mil
itary district of Indiana, charged
with being member of a secret
society to obstruct the government
in suppressing the instruction, and
has ever since been kept in close
confinement. On the Dist day of
October, 1864, he was brought be-
fore a military commission convened
at Indianapolis ~ order Of General
Hovey, tried on certain Charges
and specifications, found guilty,
sentenced to be hung, and the SEN
tence having been approved by the
President he was ordered to be ex-
ecuted on Friday, the 19th-day of {
May, 1866. .
On the I'd day of January, 1866. ]
after the proceedingsof the military t
were at an end, the |
Circuit Court of the United States &
met at indianapolis and empannell. g
ed a grand jury, who were charged /
to enquire whether the laws of the d
United States had been violated, t
and IT so to make presentments.- Il
The Court adjourned on the 9th It
lay of January, having prior there. v
10 discharged from further service il
he grand jury, who did not find t
my bill Of Indictment or make any t
'resentment against Milligan for p
my offense whatever. And, in n
act, since his imprisonment no bill c
If indictment has been found or Il
resentment made against him by s.
my grand juryofthe United States. V
dilligan insists that the said mill C
AIRY commission hadno jurisdiction il
o try him upon the charges pre-
erred, or upon any charges what r,
yer, because he is a citizen of the N
United States and the. State of In f.
lana, and had not been, since the +,
commencement Of the late war a h
esident of any Of the States array ),
d against the government, and in
hat the right Of trial by jury was Of
uaranteed to him by the Constitu- 90
on of the United States. The Il
rayer of the petition was that un.
er the Act of Congress, approved NJ
larch 3, 1868, entitled t"an act re- :,
ting to Habeas Corpus and regu- +,
ting judicial proceedings in Ger. ar
lin cases." he may be brought be- Cl
re the Court, and either turned II
yer to the proper civil tribunal to ~
g proceeded against according to St,
W, or discharged from custody ~
together. The opinions Of the n,
70 judges of the Circuit Court be. IN
g opposed, the following ques- 80,
Ons were certified to the Supreme
ourt: l. On the facts stated in
id petition and exhibits ought a ~,
rit of habeas corpus to be issued2 ws
2. On the facts stated in said ne. frs
ion and exhibits ought the said ion
?. Milligan to be discharged Hi
om custody, as in said petition PIT
aged? An
8. Whether, upon the facts sta Ju'
d in said petition and exhibits. SO,
e military commission mentioned OPP ?
erein had jurisdiction legally to W. u,
7 and sentence said Milligan, in anl