Lambdin P. Milligan
Encyclopedia
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, farmer
Farmer
A farmer is a person engaged in agriculture, who raises living organisms for food or raw materials, generally including livestock husbandry and growing crops, such as produce and grain...
, and a leader of the Knights of the Golden Circle
Knights of the Golden Circle
The Knights of the Golden Circle was a secret society. Some researchers believe the objective of the KGC was to prepare the way for annexation of a golden circle of territories in Mexico, Central America, and the Caribbean for inclusion in the United States as slave states...
during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. In 1864, he was unlawfully given a capital sentence, and later set free by the United States Supreme Court, setting a precedent later named after him: Ex parte Milligan
Ex parte Milligan
Ex parte Milligan, , was a United States Supreme Court case that ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. It was also controversial because it was one of the first cases after the end of the American Civil...
. His practice was successful, even though he suffered what some thought might be meningitis
Meningitis
Meningitis is inflammation of the protective membranes covering the brain and spinal cord, known collectively as the meninges. The inflammation may be caused by infection with viruses, bacteria, or other microorganisms, and less commonly by certain drugs...
.
Early life
Milligan was a native of Belmont County, OhioBelmont County, Ohio
Belmont County is a county located in the U.S. state of Ohio. It is part of the Wheeling, West Virginia Metropolitan Statistical Area. As of 2010, the population was 70,400. Its county seat is St. Clairsville...
, derived from Irish descent, and born of Moses Milligan, a soldier in the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, and Mary (Purday) Milligan. His formal schooling ended when he was eight years old. When seventeen years old, his father wanted Milligan to gain a college education, in order to later practice medicine, but his mother stopped that from occurring, desiring that if none of the other children could have it, neither should Milligan. This caused Milligan to leave his home, despite his father promising to disinherit him if he did. He became a lawyer on October 27, 1835 as the head of a class of nine which included Edwin M. Stanton
Edwin M. Stanton
Edwin McMasters Stanton was an American lawyer and politician who served as Secretary of War under the Lincoln Administration during the American Civil War from 1862–1865...
, a member of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
's cabinet during the war. Later that same day, Milligan married his first wife, Sarah L. Ridgeway. He later moved to Huntington
Huntington, Indiana
Huntington, known as the "Lime City", is a small city in and the county seat of Huntington County, Indiana, United States. It is in Huntington Township and Union Township...
, near Ft. Wayne, Indiana, and mostly represented small railroad companies. Throughout this he suffered from either meningitis
Meningitis
Meningitis is inflammation of the protective membranes covering the brain and spinal cord, known collectively as the meninges. The inflammation may be caused by infection with viruses, bacteria, or other microorganisms, and less commonly by certain drugs...
and/or epilepsy
Epilepsy
Epilepsy is a common chronic neurological disorder characterized by seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or hypersynchronous neuronal activity in the brain.About 50 million people worldwide have epilepsy, and nearly two out of every three new cases...
.
Although outspoken in political affairs, he was never a politician as he was too "frank" to do well as such.
War
Union (American Civil War)
During the American Civil War, the Union was a name used to refer to the federal government of the United States, which was supported by the twenty free states and five border slave states. It was opposed by 11 southern slave states that had declared a secession to join together to form the...
waging war against the Confederacy
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
, with Indiana governor Oliver P. Morton his most frequent target. It was widely believed that Milligan was involved in a huge conspiracy against the United States of America by the end of 1863.
Union authorities were convinced that by May 1864 Milligan was in touch with Confederate agents. Milligan was among those arrested on October 5, 1864 by order of General Alvin P. Hovey
Alvin P. Hovey
Alvin Peterson Hovey was a Union general during the American Civil War, an Indiana Supreme Court justice, congressman, and the 21st Governor of Indiana from 1889 to 1891. During the war he played an important role in several battles and uncovered a secret plot for an uprising in Indiana...
and tried before a military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
starting on October 21 1864. Since August, Milligan had been bedridden, with his left leg becoming useless due to erysipelas
Erysipelas
Erysipelas is an acute streptococcus bacterial infection of the deep epidermis with lymphatic spread.-Risk factors:...
since the previous August. No warrant or affidavit was given to show Milligan's arrest was authorized, and the arresting officers were told to shoot Milligan should any unwarranted noise be made when they dragged him from his home at four o'clock in the morning. Milligan was told that he must prove his innocence.
The charges against Milligan and the others were:
- ConspiracyConspiracy (political)In a political sense, conspiracy refers to a group of persons united in the goal of usurping or overthrowing an established political power. Typically, the final goal is to gain power through a revolutionary coup d'état or through assassination....
against the Government of the United States - Affording aid and comfort to rebels against the authority of the United States
- Inciting insurrectionInsurgencyAn insurgency is an armed rebellion against a constituted authority when those taking part in the rebellion are not recognized as belligerents...
- Disloyal practices
- Violation of the laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
Specifically, Milligan, William A. Bowles
William A. Bowles
William A. Bowles was a doctor who led the Knights of the Golden Circle in Indiana in the early 1860s. Earlier he founded the town of French Lick, Indiana and began a resort at an area, which lasts to this day.-Pre-war:...
, Harrison H. Dodd
Harrison H. Dodd
Harrison H. Dodd was a founder of the 1860s-era Sons of Liberty, whose goal was to thwart the war effort of Abraham Lincoln while remaining citizens of the United States....
, Stephen Horsey and Andrew Humphreys
Andrew Humphreys
Andrew Humphreys was a U.S. Representative from Indiana.Born near Knoxville, Tennessee, Humphreys moved with his parents to Owen County, Indiana, in 1829. Afterwards, he moved to Putnam County and located near Manhattan, where he attended the common schools. He moved to Greene County in 1842...
were accused of planning to steal weapons and invade Union prisoner-of-war camps to release Confederate prisoners. They were convicted and sentenced to death by hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
on December 10, 1864, with the date of execution set to May 19, 1865. During the trials, the military commission actually made speeches at Republican rallies.
Milligan was forced to walk to his prison after sentencing, even though his leg was useless and he was unused to using a cane. He was thrown into a filthy prison where the smell of a nearby hog slaughtering shop lingered. His arm had been paralyzed and he gained a fever during his incarceration. In spite of this, the Union officials threw him into the cell with one inch cracks that allowed chilly winter air to permeate. On at least one occasion, Milligan's food was thrown on the filthy floor.
The four prisoners appealed and were able to argue the case after the Civil War ended, claiming that they should not have been tried by a military court. Two days before the hanging, the five men had their sentences reduced by then-President Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
to life sentences (Dodd had escaped to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
by this time). On April 3, 1866, citing habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled in an opinion by Chief Justice Salmon P. Chase
Salmon P. Chase
Salmon Portland Chase was an American politician and jurist who served as U.S. Senator from Ohio and the 23rd Governor of Ohio; as U.S. Treasury Secretary under President Abraham Lincoln; and as the sixth Chief Justice of the United States Supreme Court.Chase was one of the most prominent members...
that they should be released. Milligan's lawyers, which included future President of United States James A. Garfield and future Governor of Indiana
Governor of Indiana
The Governor of Indiana is the chief executive of the state of Indiana. The governor is elected to a four-year term, and responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government. The governor also shares power with other statewide...
Albert G. Porter
Albert G. Porter
Albert Gallatin Porter was an American politician who served as the 19th Governor of Indiana from 1881 to 1885 and as a United States Congressman from 1859 to 1863. Originally a Democrat, he joined the Republican Party in 1856 after being expelled by the pro-slavery faction of the Democratic Party...
used in defense of Milligan such things as English jurisdiction from the eighteenth-century involving a royal governor in one case, and the Royal Navy in another. The Supreme Court granted Milligan and the others petitions to be released from custody on December 17, 1866, stating in a case named after Milligan that the Habeas Corpus Suspension Act
Habeas Corpus Suspension Act 1863
The Habeas Corpus Suspension Act, , entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the privilege of the writ of habeas corpus in response to the United States...
did not authorize military tribunals, that as a matter of constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
the suspension of habeas corpus did not itself authorize trial by military tribunals, and that neither the Act nor the laws of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
permitted the imposition of martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
where civilian courts were open and operating unimpeded. The ruling was against the procedure, as Milligan and the others were indeed involved in a conspiracy.
Post-war
Milligan later sued Hovey for conspiracy, false imprisonmentFalse imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
, and libel, asking for $500,000 in damages. Milligan won, and received the small settlement of five dollars. The defendants were represented by future President Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
, and Harrison's argument that Milligan's actions prolonged the war was the cause for Milligan receiving only five dollars.
Upon returning home to Huntington after the trial, Milligan was given a "great ovation". He returned to practicing law, and was kept in high esteem by his peers. After his wife Sarah died on November 20, 1870, Milligan married Mrs. Maria L. (née Humphreys) Cavender, a native of Madison, Indiana, on August 12, 1873. His health improved in his later life.
See also
- Copperheads
- David DavisDavid Davis (Supreme Court justice)David Davis was a United States Senator from Illinois and associate justice of the United States Supreme Court. He also served as Abraham Lincoln's campaign manager at the 1860 Republican National Convention....
- habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
- Sons of LibertySons of LibertyThe Sons of Liberty were a political group made up of American patriots that originated in the pre-independence North American British colonies. The group was formed to protect the rights of the colonists from the usurpations by the British government after 1766...
- Unitary executive theoryUnitary executive theoryThe unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.Although that...