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[208] them to death. The findings were approved by the district and department commanders, but President Lincoln did not issue the order, without which sentence could not be carried into effect.

After President Lincoln's assassination, however, President Johnson approved the sentence and May 19, 1865, was designated as the date of execution. The sentence of one of the prisoners, Horsey, was, however, commuted to imprisonment for life, and Milligan and Bowles were reprieved until the 2d of June. Just before this day, through the influence of Governor Morton, the sentences were commuted to imprisonment for life. Meanwhile, Colonel Milligan had appealed to the Supreme Court of the United States, which took up the case and finally decided April 3, 1866, that ‘a military commission in a State not invaded . . . in which the Federal courts were open . . . . had no jurisdiction to try, convict, or sentence for any criminal offense a citizen who was neither a resident of a rebellious State, nor a prisoner of war, nor a person not in the military or naval service.’ Among the other points decided was that the suspension of the privilege of the writ of habeas corpus did not suspend the writ itself. This case was important, as according to it hundreds of trials by military commission in the loyal States were invalid.

How many persons were thus arrested and imprisoned without warrant during the course of the war cannot now be settled with any degree of accuracy, according to the statement of General F. C. Ainsworth, when chief of the Record and Pension Office. The records of the Federal commissarygen-eral of prisoners from February, 1862, until the close of the war show that 13,535 citizens were arrested and confined under various charges. General Ainsworth is certain, however, that many arrests, possibly several thousand, were made by military commanders or provost-marshals, and were not reported to the commissary-general of prisoners.

Contrary to the usual opinion, arrests without warrant

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