General
George Washington used military tribunals during the American Revolution.
[1] Commissions were also used by General (and later President)
Andrew Jackson during the
War of 1812 to try a British spy; commissions, labeled "Councils of War," were also used in the
Mexican-American War.
[1]
The Union used military tribunals during and in the immediate aftermath of the
American Civil War.
[2] Military tribunals were used to try
Native Americans who fought the
United States during the
Indian Wars which occurred during the Civil War; the thirty-eight people who were executed after the
Dakota War of 1862 were sentenced by a military tribunal. The so-called
Lincoln conspirators were also tried by military commission in the spring and summer of 1865. The most prominent civilians tried in this way were Democratic politicians
Clement L. Vallandigham,
Lambdin P. Milligan, and
Benjamin Gwinn Harris. All were convicted, and Harris was expelled from the Congress as a result. All of these tribunals were concluded prior to the Supreme Court's decision in
Milligan.
...
The U. S. Supreme Court agreed, and unanimously ruled that military tribunals used to try civilians in any jurisdiction where the civil courts were functioning were
unconstitutional, with its decision in
Ex Parte Milligan,
71 U.S. 2 (1866).
Military commissions were also used in the Philippines in the aftermath of the
Spanish-American War; as these were used in an active war zone as an expedient of war, they did not fall afoul of
Milligan.
[1]
President
Franklin D. Roosevelt ordered military tribunals for eight
German prisoners accused of planning sabotage in the United States as part of
Operation Pastorius. Roosevelt's decision was challenged, but upheld, in
Ex parte Quirin. All eight of the accused were convicted and sentenced to death. Six were executed by
electric chair at the
District of Columbia jail on August 8, 1942. Two who had given evidence against the others had their sentences reduced by Roosevelt to prison terms. In 1948, they were released and deported to the
American Zone of occupied Germany.