In the case Ex parte Milligan, Justice David Davis’ opinion upheld the principles of the Constitution. In Article VI, section 9, clause 2: “The privilege of the writ of Habeas Corpus shall not be suspended, unless in Cases of Rebellion or Invasion the public safety may require it.” during the Civil War, President Lincoln tried to lessen the amount of sympathizers of the South in the Union. He did this by suspending habeas corpus and allowing military trials to take place.
Civilian Lambden Milligan was charged with conspiracy against the U.S. government by assisting the Confederates and inciting rebellion. He was tried and convicted in a military tribunal and was sentenced to death. He filed for a writ of habeas corpus. Since he was charged in the state of Indiana, he believed that his case should be held in civil court instead of military court under martial law. The Supreme court agreed with Milligan with a 9-0 vote. Therefore Milligan should have been tried by a jury of his peers instead of a military court. …show more content…
Martial law is the imposition of the highest-ranking military officer as the head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government. Imposing martial law would suspend habeas corpus, curtail civil rights and civil courts, impose curfews, and put limitation on movement of citizens. Citizens would become subjected to military regulations.
President Lincoln imposed martial law during the civil war. The result was that at least thirteen thousand civilians were held under military arrest without judicial hearings during the war. Lincoln also authorized military trials in both rebel confederate states and peaceful union states. Although by doing this Lincoln created peace he was still out of