In arguments before the Court, the United States attorney spoke to the question "What is martial law?" He argued, "Martial Law", "an armed force, or a geographic area, military, military jurisdiction in time of war within the range of words, the commander will decide, as required by the needs and discretion, limit or extended by order of his military chief, or ruler of supreme executive power. "In other words, the area that are applied whenever necessary to control a local commander of the laws of war.
Moreover, he argues, "the same time supreme legislator, supreme judge, as required to implement martial law and the chief executive officer to impose its laws, you can be defined and understood, and if the violation , and to what extent. injury, he alone can judge, and punished or acquitted solely on alleged criminals. "
In this case, lambda Milligan, a Confederate sympathizer named as in the case of New York has been arrested. Indiana, like the rest of the United States, part of a military district was created to lead the war. Milligan was tried by a military commission and sentenced to death by hanging. After his conviction, Milligan petitioned the Circuit Court for habeas corpus, arguing that his arrest, trial and conviction were unconstitutional. What did the Supreme Court decision, he said, was: "If the [military commission] the power and legal right to prosecute and punish [Milligan]?"
Of course, the court said no. Court decided that it is almost painfully obvious: "... the law of war, it destroyed all the guarantees of the Constitution." Court reminds the reader that Great Britain, the revolution has led in part by such actions of the king. "Civil liberty and this kind of martial law are not together, to struggle against the inconsistent and one of them will perish."
This means that martial law could not be applied? No, the court said. President may, martial law, if the circumstances warrant it: If it can not work for civil rights, the law of war is not only constitutional, but it would be necessary: "If, in foreign invasion or civil war, the courts actually closed and it is impossible to criminal justice according to law for the administration, the active military operations in the theater where the war actually exists, it is necessary to make a choice for civil rights, the military and maintaining the security of society plunged, and no power left to the military martial law as the rule of law in its course, without the need for rules, which makes their length because if the government continued after the courts again is., the total power is allowed to kidnap. martial law when the courts are open and proper and unobstructed exercise of their jurisdiction. It is also real limited war can not exist. "