Essay heading: Ex Parte Milligan

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American History


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April 30, 2000






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7 / 1820


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Affording aid and comfort to rebels against the authority of the United States 3. Inciting insurrection 4. Disloyal practices 5. Violation of the laws of war. More specifically, he was accused of joining and aiding a secret society known as the Order of American Knights whose purpose was to overthrow the government; communicating with the rebels; planning to seize weapons of war; trying to liberate prisoners of war; and resisting the draft to join the Union military...
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The execution was approved by the president and set to be on May 19, 1865. As his execution date drew near, Milligan's attorney filed an appeal with the Supreme Court on May 10, 1865 under the writ of habeas corpus. The Supreme Court took Milligan's case in 1866, after the war had ended. Milligan's attorney argued to the Supreme Court that his client who was a citizen of the United States and of Indiana, a state of the Union, had had his rights violated and that the military had no jurisdiction to try him...
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