The Flimsy Case Against Mary Surratt

[mike86002000]

(01-13-2019 01:44 PM)L Verge Wrote:  Which great, Greek philosopher or statesman stated, "In times of war, the law falls silent?"

Desperate times require desperate measures -- and the courts had not yet ruled on Milligan or other such cases in 1865; the war was still going on; the commander-in-chief of Union forces (who had taken an active part in the conduct of the war) had been killed in a city that came under fire during the war; those who were accused of aiding Booth were considered "enemy belligerents," despite being out of uniform; many very qualified historians today still defend the use of the military commission (for example, The Hon. Frank J. Williams, retired Chief Justice of the Rhode Island Supreme Court, who is a former military officer and a member of the team concerning the prisoners at Guantanamo following 9/11, or Dr. Thomas R. Turner, Dr. Edward Steers, Jr.. the authors of Come Retribution, and quite a number of others).

BTW: Like almost everything that passes through our law systems, the Milligan Case had/has clauses in it that restrict it under certain circumstances. Do some more reading... Start with research that Dr. Steers has done, and don't forget to check out 20th-century cases.

That the war was still going on, or that Washington had come under fire doesn't change anything as far as the legality of military jurisdiction. Milligan's case was earlier in the war, and Morgan had invaded Indiana.
The fact is that the Supreme Court ruled that the military had no legal jurisdiction to try and sentence civilians,if civilian courts were available. The opinion of the people you say defend the use of the military commission not with standing. During the "trial", the military's jurisdiction was questioned. It was by no means a new idea in 1866.
The Supreme Court's decision was unanimous although four justices found it necessary to comment that Congress had the right to pass laws that would allow military jurisdiction. They noted it had not done so. That's not a clause that restricts application of the finding. What clauses are you talking about? Have you read "Ex Parte Milligan? What 20th century cases do you think I should read?
Mike