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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... THE JURISDICTION OF MILITARY COMMISSIONS. ARGUMENT MADE BEFORE THE SUPREME COURT OF THE UNITED STATES IN EX PARTE L. P. MILLIGAN, W. A. BOWLES, AND STEPHEN HORSEY. March 6, 1866. The effort... More

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... THE JURISDICTION OF MILITARY COMMISSIONS. ARGUMENT MADE BEFORE THE SUPREME COURT OF THE UNITED STATES IN EX PARTE L. P. MILLIGAN, W. A. BOWLES, AND STEPHEN HORSEY. March 6, 1866. The efforts made by the government to suppress the Southern Rebellion early encountered serious opposition in some of the loyal, and even in Northern States. The nature and the extent of this opposition fills large space in the history of the time. Sometimes it went as far as the charges made against the petitioners in the cases argued by Mr. Garfield in this speech; but in a far greater number of instances the opposition fell short of the crimes therein charged. Unpatriotic and disloyal practices became so numerous, were carried to such an extent, so weakened the government, and so disturbed the public peace, that the national authorities felt compelled to deal with their perpetrators. In that day of excitement, stress, and violence, the authorities sometimes, proceeded to extremities. Commonly these extremer measures were taken by the military commanders in the several military districts. The slowgoing processes of the civil courts, it was held, were insufficient to punish, and so to prevent treason. Hence martial law sometimes took the place of civil law, and military commissions the place of civil courts. The Milligan, Bowles, and Horsey cases originated in an attempt to suppress alleged treason. Their history, to the time when they appeared in the Supreme Court at Washington, is given by Mr. Garfield in the first paragraphs of his speech, and the facts need not be here recited. The question of the guilt or innocence of the petitioners, Milligan, Bowles, and Horsey, was not in issue before the court, but solely the question of the legality of their trial and condemnation by a...

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