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Decided February 20, 1807
Full case name:
Ex parte Erick Bollman, decided with Ex parte Samuel Swartwout
Citations:
8 U.S. 75; 2 L. Ed. 554; 1807 U.S. LEXIS 369; 4 Cranch 75
Prior history:
Defendants charged with treason and imprisoned, U.S. Circuit Court for the District of Columbia
Subsequent history:
none
Holding
The Supreme Court had the power to order that a writ of habeas corpus be issued to release the petitioners from prison, because the Constitution grants that power to federal courts unless Congress suspends it. The petitioners' alleged conspiracy did not rise to the level of treason as defined by the Constitution.
Court membership
Chief Justice John Marshall
Associate Justices William Cushing, Samuel Chase, Bushrod Washington, William Johnson, Henry Livingston
Case opinions
Majority by: Marshall
Joined by: Cushing, Chase, Washington, Livingston
Dissent by: Johnson
Laws applied
U.S. Const. Art. I, III, Amend. IV, VI; Judiciary Act of 1789
Ex parte Bollman, 8 U.S. 75 (1807) was a case brought before the United States Supreme Court. Three main points were established in this early and formative civil liberties case: Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1807 was a common year starting on Thursday (see link for calendar). ... Seal of the Supreme Court Scotus redirects here. ...
The Supreme Court has the power to issue writs (orders to enforce a judicial law or principle, e.g. habeas corpus) to circuit courts.
This "gives teeth" to writs like that of habeas corpus, because it provides a way to invoke a higher court's mediation.
The Constitutional definition of treason is limited to actual, direct, and concrete involvement in an attempt to forcefully overthrow the government.
That is, treason is essentially a "military" offense. For instance, no amount of anti-government speech can qualify as treason, although giving away military secrets might.
Only Congress may suspend the writ of habeas corpus.
This was not so much an argued point, nor something presented as a new interpretation, as it was a matter-of-fact observation made by Chief Justice John Marshall. This principle would be much more hotly debated in the later Supreme Court Cases of the American Civil War, which centered around wartime civil liberties and the ability of the various branches of government to control them.
Bollman and Swartwout were civilians who became implicated in the Burr-Wilkinson Plot. This plot supposedly consisted of Aaron Burr and James Wilkinson attempting to create an empire in the United States, ruled by Burr. In 1806, Wilkinson informed Thomas Jefferson of the plot, ending whatever may have actually been planned. In English Common Law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. ... Chief Justice John Marshall (1755–1835), an engraving after Henry Inmans 1834 painting. ... A number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. ... Vice President Aaron Burr Alternate meaning: Rev. ... Vice President Aaron Burr Alternate meaning: Rev. ... Alternate use: James H. Wilkinson, mathematician and computer scientist. ... 1806 was a common year starting on Wednesday (see link for calendar). ... This article needs to be cleaned up to conform to a higher standard of quality. ...
Bollman and Swartwout attempted to recruit others into the plot, but these individuals informed the military, which promptly arrested them.
This is a chronological list of notable cases decided by the Supreme Court of the United States. ... A number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. ...
This part of the statute is remedial and beneficial to the subject, and it is a sound maxim of law, that such statutes are to be construed liberally in favour of liberty.
The case of Hamilton is expressly in point in all its parts; and although the question of jurisdiction was not made at the bar, the case was several days under advisement, and this question could not have escaped the attention of the court.
On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from Colonel Burr to General Wilkinson as the latter could interpret it, a division of opinion has taken place in the court.
Exparte Siebold, 100 U.S. The validity of the judgments is assailed on the ground that the acts of Congress under which the indictments were found are unconstitutional.
In Exparte Royall, 117 U.S. 241, the prisoner had brought federal habeas corpus seeking release from his detention pending a state prosecution, and alleging that the statute under which he was to be tried was void under the Contract Clause.
Exparte Siebold, 100 [372 U.S. 371, and other decisions, the matters open on habeas were still limited to those which were believed to have deprived the sentencing court of all competence to act, and which therefore could always be raised on collateral attack.
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