Lambdin Purdy Milligan (March 24, 1812 – December 21, 1899) was a
lawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver...
,
farmerA farmer is a person who raises living organisms for food or raw materials.- Definition :The term farmer usually applies to a person who grows field crops, and/or manages orchards or vineyards, or raises livestock or poultry such as chicken and cows...
, and a leader of the
Knights of the Golden CircleThe Knights of the Golden Circle was a secret society originally founded to promote the interests of the Southern United States. It was to prepare the way for annexation of a golden circle of territories in Mexico, Central America, and the Caribbean to be included in the United States as slave...
during the
American Civil WarThe American Civil War , also known as the War Between the States and several other names, was a civil war in the United States of America. Eleven Southern slave states declared their secession from the United States and formed the Confederate States of America...
. In 1864, he was unconstitutionally given a capital sentence, and later set free by the United States Supreme Court, setting a precedent later named after him:
Ex parte MilliganEx 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.-Background of the case:...
. His practice was successful, even though he suffered what some thought might be
meningitisMeningitis 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...
.
Milligan was a native of
Belmont County, OhioBelmont 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 2000, the population was 70,226. Its county seat is St. Clairsville...
, derived from Irish descent, and born of Moses Milligan, a soldier in the
American Revolutionary WarThe American Revolutionary War , also sometimes known as the American War of Independence, began as a war between the Kingdom of Great Britain and thirteen united former British colonies in North America, and concluded in a global war between several European great powers...
, and Mary (Purday) Milligan.
Lambdin Purdy Milligan (March 24, 1812 – December 21, 1899) was a
lawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver...
,
farmerA farmer is a person who raises living organisms for food or raw materials.- Definition :The term farmer usually applies to a person who grows field crops, and/or manages orchards or vineyards, or raises livestock or poultry such as chicken and cows...
, and a leader of the
Knights of the Golden CircleThe Knights of the Golden Circle was a secret society originally founded to promote the interests of the Southern United States. It was to prepare the way for annexation of a golden circle of territories in Mexico, Central America, and the Caribbean to be included in the United States as slave...
during the
American Civil WarThe American Civil War , also known as the War Between the States and several other names, was a civil war in the United States of America. Eleven Southern slave states declared their secession from the United States and formed the Confederate States of America...
. In 1864, he was unconstitutionally given a capital sentence, and later set free by the United States Supreme Court, setting a precedent later named after him:
Ex parte MilliganEx 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.-Background of the case:...
. His practice was successful, even though he suffered what some thought might be
meningitisMeningitis 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 is a county located in the U.S. state of Ohio. It is part of the Wheeling, West Virginia Metropolitan Statistical Area. As of 2000, the population was 70,226. Its county seat is St. Clairsville...
, derived from Irish descent, and born of Moses Milligan, a soldier in the
American Revolutionary WarThe American Revolutionary War , also sometimes known as the American War of Independence, began as a war between the Kingdom of Great Britain and thirteen united former British colonies in North America, and concluded in a global war between several European great powers...
, 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. StantonEdwin McMasters Stanton was an American lawyer, politician, United States Attorney General in 1860-61 and Secretary of War through most of the American Civil War and Reconstruction era.-Early life and career:...
, a member of
Abraham LincolnAbraham 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 its greatest internal crisis, the American Civil War, preserving the Union and ending slavery...
's cabinet during the war. Later that same day, Milligan married his wife Sarah L. Ridgeway. He later moved to
HuntingtonHuntington, known as the "Lime City", is the largest city in and the county seat of Huntington County, Indiana, United States. It is in Huntington Township...
, near Ft. Wayne, Indiana, and mostly represented small railroad companies. Throughout this he suffered from either
meningitisMeningitis 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
epilepsyEpilepsy is a common chronic neurological disorder characterized by recurrent unprovoked seizures...
.
Although outspoken in political affairs, he was never a politician as he was too "frank" to do well as such.
War
He publicly protested the
Union'sDuring 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-three states which were not part of the secession attempt by the 11 states that tried to form the Confederacy...
waging war against the
ConfederacyThe Confederate States of America was a separatist political entity existing between 1861 to 1865, established by eleven southern slave states of the United States of America, each of which had previously declared their secession from the United States...
, 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. HoveyAlvin Peterson Hovey was a Union general during the American Civil War, an Indiana Supreme Court justice, congressman, and a governor of Indiana. 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 Court" redirects here. For courts with jurisdiction over military personnel, see Court-martial. For other uses see Military law.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...
starting on October 21 1864. Since August, Milligan had been bedridden, with his left leg becoming useless due to
erysipelasErysipelas is an acute streptococcus bacterial infection of the dermis, resulting in inflammation.-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:
- Conspiracy
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 insurrection
An insurgency is an armed rebellion against a constituted authority when those taking part in the rebellion are not recognised as belligerents.[Oxford English Dictionary second edition 1989 "insurgent B. n...]
- Disloyal practices
- Violation of the 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...
Specifically, Milligan,
William A. BowlesWilliam 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. DoddHarrison 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 HumphreysAndrew 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
hangingHanging is the lethal suspension of a person by a ligature. It hurts a lot. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", although it formerly also referred to crucifixion and death by impalement in which the body would...
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 through 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 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 JohnsonAndrew Johnson , the 17th President of the United States , was the first U.S. President to be impeached, as well as the first U.S. president to succeed to the presidency upon the assassination of his predecessor.At the time of the secession of the Southern states, Johnson was a U.S. Senator from...
to life sentences (Dodd had escaped to
CanadaCanada is a country occupying most of northern North America, extending 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 corpusHabeas corpus is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system...
, the
Supreme CourtThe Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
Chief Justice
Salmon P. ChaseSalmon Portland Chase was an American politician and jurist in the Civil War era who served as U.S. Senator from Ohio and Governor of Ohio; as U.S...
ruled that they should be released. Milligan's lawyers, which included future President of United States James A. Garfield, 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 that since the civilian courts were still in effect in Indiana, that military commissions were unconstitutional, a precedent for future cases known later as
Ex parte MilliganEx 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.-Background of the case:...
, named after Milligan. 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 is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law misdemeanor 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 HarrisonBenjamin Harrison was the 23rd President of the United States, serving one term from 1889 to 1893. Harrison was born in North Bend, Ohio, and moved to Indianapolis, Indiana at the age of 21, where he became a prominent state politician...
, 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 Maria L. Cavender on August 12, 1873. His health improved in his later life.
See also
- Copperheads
- David Davis
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 corpus
Habeas corpus is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system...
- Sons of Liberty
The Sons of Liberty was a secret organization of American patriots which originated in the Thirteen Colonies during the American Revolution. British authorities and their supporters, known as Loyalists, considered the Sons of Liberty as seditious rebels, referring to them as "Sons of Violence" and...
- Unitary executive theory
The 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...
External links