Friday, January 17, 2014

Indiana Magazine of History, Special Issue on Ex Parte Milligan

Via H-Law we have the following announcement:
The December 2013 issue of the Indiana Magazine of History focuses on the landmark 1866 U.S. Supreme Court case of Ex Parte Milligan, revealing new detail on the life of the man -- Lambdin P. Milligan -- whose arrest and trial for treason prompted the case itself, and showing how his case has gained relevance again in a post-9/11 world.

The issue begins with scholar Stephen E. Towne's detailed biographical look at Lambdin P. Milligan, the Huntington, Indiana, lawyer and politician who was arrested, tried, and convicted of treason during the Civil War for his role in a planned attempt to overthrow the government of the state of Indiana.  Milligan has frequently been portrayed as a martyr for free speech and a victim of unjust arrest.  Towne's meticulous research through primary records uncovers the depth of Milligan's involvement in anti-Union secret organizations and in their conspiracies.  "Milligan," he writes, "driven by his long-held ideologies, conspired against his government.  He was simply tried in the wrong court."

Elsewhere in the issue, Peter J. Barry details how historians have looked at the Milligan case over the years.  Finally, Indiana State Supreme Court Justice Steven H. David examines the Milligan decision through modern eyes.  Justice David, with nearly three decades of service in the U.S. Army's Judge Advocate General's Corps, served for one year as Chief Defense Counsel for the Military Commissions at Guantanamo Bay, Cuba. Based on his experiences, Justice David examines the complex history of American constitutional law since 2001, and discusses the important contemporary cases that still harken back to the Ex Parte Milligan decision made almost 150 years ago.

The Indiana Magazine of History is published quarterly by the history department of Indiana University, Bloomington.  The magazine's web site can be found here. For general information on the articles or to order a copy of the issue, contact the editorial office at 812-855-4139.

Dawn Bakken, Associate Editor