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Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler 1 1 Browse Search
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Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler, Chapter 21: practice of the law. (search)
ilitary control of the State. It was further alleged that Milligan was not a soldier of the United States and was, therefore, within the jurisdiction of these military forces and amenable for his military offences to the action of the military commission. This was the first time that the action of a military commission had come directly before the Supreme Court. Every step in the proceedings was contested by the learned counsel who appeared for Milligan, the Hon. Jere S. Black, the Hon. David W. Field, and General Garfield, the latter of whom was brought into the case to give it some tinge of loyalty, and other counsel. The cause of the United States was sustained by the court in every point but one, and that was, as the Circuit Court of the United States was open in Indiana, that therefore, Milligan had a right to be tried before the circuit court, There was no allegation in the pleadings that the circuit court was open. But the court said that it would take judicial notice of