ABSTRACT
The provisions of the Constitution which confer on the Congress and the President powers to enable the country to wage war are as much part of the Constitution as provisions looking to a nation at peace. If the military trial of Milligan was contrary to law, then he was entitled, on the facts stated in his petition, to be discharged from custody by the terms of the Act of Congress of March 3, 1863. Milligan avers he was a citizen of Indiana, not in the military or naval service, and was detained in close confinement, by order of the President, from the 5th day of October, 1864, until the 2d day of January, 1865. When the circuit court for the district of Indiana, with a grand jury, convened in session at Indianapolis; and afterwards, on the 27th day of the same month, adjourned without finding an indictment or presentment against him.
