I’m cleaning my cubicle. As those who know me can attest, this is more of an archeological exercise than anything else. One of the papers I found was Ex parte Milligan (1866), which I had printed but not read on February 19, 2003.
So I read it. It’s only three pages. You should read it too.
During the late wicked Rebellion, the temper of the times did not allow that calmness in deliberation and discussion so necessary to a correct conclusion of a purely judicial question. Then, considerations of safety were mingled with the exercise of power; and feelings and interests prevailed which are happily terminated. Now that the public safety is assured, this question, as well as all others, can be discussed and decided without passion or the admixture of any element not required to form a legal judgment. We approach the investigation of this case, fully sensible of the magnitude of the inquiry and the necessity of full and cautious deliberation…
(I mentioned that I’d just read this to Rick, and he pointed at his post on the subject from February 18, 2003.)