This is a very interesting case in light of the actions taken by the Bush administration by detaining enemy combatants (Jose Padilla), electronic surveillance and the general extend of executive authority in times of war. Lambden Milligan- a United States citizen- was arrested and convicted by a militarly tribunal in Indiana- of disloyal activities and sentenced to death. Lincoln during the Civil War has suspended habeas corpus rights and created military tribunals to try the likes of Milligan and those who sought to the destruction of the Union. After the War, and the assassination of Lincoln, Andrew Johnson approved the death sentence for Milligan but his sentence was appealed to the Supreme Court. What the Court decision, handed down by Justice Davis said was that the law of necessity which affords the President great latitude in times of war to suspend rights and call for martial law only extended to those territories or states effected by the necessity due to the legal disruption caused by the rebellion; that because Indiana had a workable court system and was not a state in rebellion Milligan conviction in a military tribunal violated his rights as a US citizen.

It would be nice if the present Court would pay attention to this.