Indiana daily times., 1921-09-06


ton on the subject were due to the IA
nous case of Lambdin P. Milligan Of
Huntington, Ind, decided by the Su-
preme Court of the United States April
3, 1865. This decision, which is con
considered one of the strongest state
ments of the rights of citizens against
military domination ever pronounced.
has been the leading case of its kind
ever since.
In brief, the doctrine advanced is moth
Ing more than this, that military trib-
unals can have no authority over civil
ian territory not actively occupied by
enemy forces and where the local civil
courts are functioning
The Supreme Court decided unanimous
Iy that Milligan was not subject to mill
tary court martial in Indiana, as the
courts were functioning at the time of
his trial. Four judges dissented from
the majority line of reasoning, but all
agreed as to the conclusion reached.
Without authority TO try prisoners by
court-martial the military authorities In
West Virginia would be shorn Of a great
smamount of their power and their effective
rness almost nullified. But until the local
courts are made inactive by the promul-
cation of martial law and as long as they
function military authorities are up
against the stone wall of the AIilligan de-
cisiOn as reported in Wallace ., United
States Supreme Court reports.
STORY OF CASE
TWENTY YEARS AGO.
The story of the famous Milligan case
and a reminiscent interview with Mr.. Mil
ligan, was written by Thad Butler, then
editor of the Huntington Herald more
than twenty years ago.
1t is as follows:
"Lambdin P. MiIligan was born near
CIofr
March 24 1912. He was reared on q farm
in a sparsely settled community and
his opportunities for education were in
deed limited, but at the age of 10 he
had received for the period a fairly good
education. He taught school for a num-
Der Of years and read law with Shannon
Alexander of st. Clairsville, Oh.c. In the
class with him ard one of his first an
tagonists in a law suit and afterwards TO
figure strongly in his own career, was
Edward NJ Stanton. He practiced law in
Ohio until 1915, when he came to Hunt
ington County and engaged In that pro-
fessiOn. He lived 4 farm for a while,
but during such time he continued to
practice in Huntington and Wabash
Counties. From that time until 1860 he
was recognized rs a strong lawyer, com
pairing favOrabIy with Colerick, Coombs
John L. Petit, I'aniel D. Pratt and John
r. Cofroth, and was known throughout
the State as a man Of ability and learn
ing as a lawyer. He was not remarkable
q as an advocate, but was, however clear
terse and fOrcible speaker. He was
earnest, direct, logical clear; endeavored
always to convince and not merely to
please. He was beld In the highest esteem
by the judges and fellow members of
the bar. and was known purely as a
lawyer.
Little was said or known Of him
politically outside his own county until
the eventful campaign of 1850 He then
became stinguished as an ultra leader
of the Breckenridge wing of the In
diana Democracy, and was strongly op-
posed to stephen A. Douglas and. with
this, began and prepared the way for
the events rapidly following that made
him known all over the world; aud his
life and strange experience viii be q
theme for the constitutional lawyer. the
politician and the soldier for all time to
come.
LAS has been stated lIr MiIligan be
Ionged to the ultra Breckenridge wing
of the Democracy of the State OF In
diana. He believed that there was no
constitutional power to prevent secession
or to cOerce the seeding States and
from the beginning Of the War OF the
ministratlon at Washington. He, how
ever. attracted but little attention until
early in the year 1864. when he became
q candidate for Governor Of the State
of Indiana, but was defeated by Joseph
G. Mcdonald in the convention held July
L, 1864
During the campaign, however. Mr.
Milligan made number OF speeches in
which he uttered sentiments that at
tracted the attention of the Government
He was charged with being q member OF
what was known as Knights of the
Golden Circle and on the 9TH Of October,
1861 was arrested at his home west OF
- Huntington by order cf Major General
H0vey. military cOmmandant Of the dis
trict OF Indiana, and placed in military
prison at Indianapolis. On the 21st day
of the same month he was placed on trial
before a military commission comprised
OF the cOlOnels of some eleven volunteer
regiments, the president Of the commits
sion being Gen. Slas A. COlgrOye. after
ward a well-knowa circuit judge OF east
ern Indiana. In the 21st of October. 1864
be was brought before this military com
mission which had been detailed and
convened by General Hovey, upon charges
Of conspiracy against the Government Of
the United States, giving aid and com
fort to rebels against the authority of
the United States; melting insurrection,
disloyaI practices and violation OF the
laws OF war. The specifications were,
without giving them in great detail. that
he had Joined and aided at different times
between October, 1858 and August, 1864,
secret society known as the Order Of
American knights or Sons OF Liberty, for
the purpose Of OverthrOwing the Govern
ment and the authority OF the United
States; that he held communication with
the enemy; conspired to seize munitions
of war stored in arsenals and to liberate
prisoners Of war, and resisted the draft
and all done at 4 period of war ana
armed rebellion against the authority or
the United States at Indianapolis ana
other named places in Indiana, state
within military lines Of the army Of the
United States and the theater Of military
operations which had been constantly
threatened by the enemy with invasion.
h. ENTERS FLEA
OF NOT GUILTY.
"Mr. Milligan appeared before this com
mission in person and by John r. COT
roth. his attorney For his plea he said
he was not guilty and he presented a
special plea to the commission that such
commission had no jurisdiction to try
him nor to sentence him for the reason
that he was not resident of one Of the
rebellious States, nor prisoner Of war
nor a soldier, but citizen Of Indiana
who was never in military or naval serv-
ice, but was while at his home, arrested
by the military power of the United
States and imprisoned. He also asked for
a separate trial. This motion was over
ruled His plea as to jurisdiction OF the
court was presented in a strong argu-
rr-1s ~ HAF-