Editing Ex parte Milligan (section)

===Trial by military commission===
The next test began with trials by a military commission that led to the U.S. Supreme Court case of ''Ex parte Milligan''. On September 17, 1864, [[General officer|General]] [[Alvin Peterson Hovey]], commander of the Military District of Indiana, authorized a military commission to meet on September 19 at [[Indianapolis]], Indiana, to begin trials of [[Harrison H. Dodd]], "grand commander" of the [[Sons of Liberty#Later societies|Sons of Liberty]] in Indiana, and others placed under military arrest.<ref>{{cite book | author =Frank L. Klement | title =Dark Lanterns: Secret Political Societies, Conspiracies, and Treason Trials in the Civil War | publisher =Louisiana State University Press | year =1984 | location =Baton Rouge | pages =[https://archive.org/details/darklanternssecr0000klem/page/108 108–09] | url =https://archive.org/details/darklanternssecr0000klem/page/108 | isbn =0-8071-1174-0 }}</ref> These prisoners included Democrats [[Lambdin P. Milligan]], a lawyer living in [[Huntington, Indiana]], and an outspoken critic of President Lincoln and Indiana's Republican [[Governor of Indiana|governor]] [[Oliver P. Morton]]; Joseph J. Bingham, editor of the ''Indianapolis Daily Sentinel'' and chairman of Indiana's Democratic State Central Committee; [[William A. Bowles]] of [[French Lick, Indiana]]; William M. Harrison, secretary of the Democratic Club of [[Marion County, Indiana]]; Horace Heffren, editor of the ''Washington (Indiana) Democrat''; Stephen Horsey of [[Martin County, Indiana]]; and [[Andrew Humphreys]] of [[Bloomfield, Indiana]].<ref>Nolan, pp. 37–38, Klement, ''Dark Lanterns'', p. 130, and {{cite journal| author=Sharp, Allen | title =An Echo of the War: The Aftermath of the ''Ex Parte Milligan'' Case | journal =Traces of Indiana and Midwestern History | volume =15 | issue =3 | pages =42–44 | publisher =Indiana Historical Society | location =Indianapolis | date =Summer 2003  }}</ref><ref>Harrison was arrested on August 20, 1864; Dodd, on September 3; Bowles, around September 17; and Milligan, Bingham, Heffren, Horsey and Humphreys, between October 5 and October 7. See Klement, ''Dark Lanterns'', p. 176.</ref> Two other men, James B. Wilson and David T. Yeakel, were also seized.<ref>{{cite book| author= Gilbert R. Tredway | title =Democratic Opposition to the Lincoln Administration in Indiana | publisher = Indiana Historical Bureau | volume = 48| year =1973 | location =Indianapolis | pages =218–19 }}</ref> Dodd, who was the first to be tried, escaped from jail before his trial was completed and fled to [[Canada]]. On October 10, 1864, he was found guilty, convicted ''in absentia'', and sentenced to hang. Charges against Bingham, Harrison, Yeakel, and Wilson were dismissed. Heffren was released before the proceedings against Milligan began.<ref>Nolan, pp. 38–39.</ref>

The military commission for the trial of Milligan, Horsey, Bowles, and Humphreys convened in Indianapolis on October 21, 1864. The commission considered five charges against the men: [[conspiracy (criminal)|conspiracy]] against the U.S. government, offering aid and comfort to the [[Confederate States of America|Confederates]], inciting [[rebellion|insurrections]], "disloyal practices", and "violation of the laws of war".<ref name=Nolan39>Nolan, p. 39.</ref><ref name=EPM-Findlaw>{{ussc|name=Ex parte Milligan|volume=71|page=2|pin=|year=1866|reporter=Wall.|reporter-volume=4}}.</ref> The defendants were alleged to have established a secret organization that planned to liberate Confederate soldiers from Union [[prisoner-of-war camp]]s in [[Illinois]], Indiana, and [[Ohio]],  and then seize an arsenal, provide the freed prisoners with arms, raise an armed force to incite a general insurrection, and join with the Confederates to invade Indiana, Illinois, and [[Kentucky]] and make war on the government of the [[United States of America|United States]].<ref name=Nolan39/><ref name=EPM-Findlaw/><ref>Tredway, p. 182.</ref>

The military commission's decision on December 10, 1864, found Milligan, Bowles, and Horsey guilty. The men were sentenced to be hanged on May 19, 1865. Humphreys was found guilty and sentenced to hard labor for the remainder of the war.<ref name=EPM-Findlaw/><ref name=Nolan40-41>Nolan, pp. 40–41.</ref> With President Lincoln's support, General Hovey modified the sentence for Humphreys, allowing his release, but Humphreys was required to remain within two specific townships in [[Greene County, Indiana]], and could not participate in any acts that opposed the war. Efforts were made to secure pardons for Milligan, Bowles, and Horsey, with the decision passing to President [[Andrew Johnson|Johnson]] following [[Assassination of Abraham Lincoln|Lincoln's assassination]].<ref name=Nolan40-41/><ref>Klement, ''Dark Lanterns'', pp. 184–85.</ref>