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Urbana, Champaign County, Ohio
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The Supreme Court ordered the release of prisoners Bowles, Milligan, and Horsey on April 3, 1866, but the War Department delayed their discharge until April 10, ignoring the court's ruling and issuing its own remission of sentence.
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It was the 3d April that the Supreme
Court of the United States decided that
these men should be discharged from
prison. Next day that decision was
known throughout the land and of course
the War Department knew it in the self
same hour, that the decision was given
Six days after, and these men were still
in prison. To compel his enlargement,
Milligan sued out a writ of Habeas Corpus
from the Probate Judge of Franklin
county. The Warden of the Penitentiary
sought delay and telegraphed to
the War Department, but the Probate
Judge very properly refused delay and
discharged the Prisoner. While counsel
were preparing to sue out other writs for
Bowles and Horsey a despatch came
from the War Department ordering their
discharge. This despatch is a piece of
such surpassing Insolence and Humbug
that we give it entire. Here it is:
"WAR DEPARTMENT.
"WASHINGTON, D. C., April 10, 1866.
"John A. Prentice, Warden of Ohio Penitentiary:
"The President, on consideration of
an application on behalf of Milligan.
Bowles and Horsey, for their release
has directed the remission of their sen-
tence, and that they be released from
imprisonment.
"The Adjutant General will transmit
the official order by telegraph and mail.
and you will discharge them from custo-
dy.
[Signed] EDWIN M. STANTON,
"Secretary of War."
Here, one week after the Supreme
Court of the United States had ordered
these men discharged as illegally held—
they are still kept in prison, and then
the sentence was remitted!!!—treating
the action of the Supreme Court as a
nullity!!!
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Where did it happen?
Domestic News Details
Primary Location
Franklin County, Ohio
Event Date
April 3 10, 1866
Key Persons
Outcome
bowles, milligan, and horsey were discharged from ohio penitentiary after supreme court ruling and war department order.
Event Details
Supreme Court decided on April 3, 1866, to discharge Bowles, Milligan, and Horsey from prison. Despite knowledge of the decision, they remained imprisoned for six days. Milligan obtained habeas corpus from Franklin County Probate Judge, leading to his release. War Department issued discharge order on April 10, 1866, remitting sentence despite Supreme Court action.