Editing Ex parte Milligan (section)

==Arguments==
[[File:Supreme Court of the United States - Chase Court - c.1867 - (1865-1867).jpg|thumb|alt=[[Chase Court]] from 1865 to 1867|[[Chase Court]] from 1865 to 1867]]
The U.S. Supreme Court was asked to consider three questions in the ''Ex parte Milligan'' case: 
*Should a writ of ''habeas corpus'' be issued based on Milligan's petition? 
*Should Milligan be discharged from custody? 
*Did the military commission have jurisdiction to try and sentence Milligan? 
The Court did not consider the charges or the evidence presented in the trial by the military commission. The only issues it considered were whether the military commission's proceedings were constitutional, and whether Milligan was entitled to a discharge.<ref name=Nolan41-42/>

The case was argued before the Court on March 5 and March 13, 1866. The team representing the United States was [[United States Attorney General|U.S. Attorney General]] [[James Speed]], [[Henry Stanbery]], and [[Benjamin Butler (politician)|Benjamin F. Butler]], a Civil War general who later became a congressman and governor of [[Massachusetts]].<ref name=Nolan43>Nolan, p. 43.</ref> General Butler delivered the argument for the United States. Among the members of Milligan's legal team were Joseph E. McDonald; [[David Dudley Field II|David Dudley Field]], who was a New York lawyer and brother of U.S. Supreme Court justice [[Stephen Johnson Field]]; [[James A. Garfield]], a member of Congress in his first ever courtroom argument and a future U.S. president;<ref>{{cite book|author=Allan Peskin|year=1978 |title=Garfield: A Biography |url=https://archive.org/details/garfieldbiograph0000pesk|url-access=registration|quote=peskin garfield milligan.| page=[https://archive.org/details/garfieldbiograph0000pesk/page/270 270]|publisher=Kent State University Press|location=Kent, OH|access-date=2015-12-04|isbn=0-87338-210-2}}</ref> and [[Jeremiah S. Black]], who had been former President [[James Buchanan]]'s U.S. Attorney General and [[United States Secretary of State|U.S. Secretary of State]].<ref name=Klement226-27/><ref name=Nolan43/>