''Ex parte Bollman'', 8 U.S. (4 Cranch) 75 (1807), was a case brought before the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

. ''Bollman'' held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States. The Supreme Court decided that "To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistments of men to serve against government is not sufficient."

Background

Erick Bollman and Samuel Swartwout were civilians who became implicated in the Burr-Wilkinson Plot. This plot supposedly consisted of

Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician, businessman, lawyer, and Founding Fathers of the United States, Founding Father who served as the third vice president of the United States from 1801 to 1805 d ...

and

James Wilkinson James Wilkinson (March 24, 1757 – December 28, 1825) was an American army officer and politician who was associated with multiple scandals and controversies during his life, including the Burr conspiracy. He served in the Continental Army du ...

attempting to create an empire in the United States, ruled by Burr. In 1806, Wilkinson informed President

Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...

of the plot, ending whatever may have actually been planned. Bollman and Swartwout attempted to recruit others into the plot, but these individuals informed the military, which promptly arrested them.

Opinion

The Court first repudiated any jurisdiction for habeas not defined by statute or the

Constitution of the United States The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

: " e power to award the writ by any courts of the United States, must be given by written law". The Court found that the Judiciary Act, specifically section 14, was a substantive grant of the power to issue writs. The question the court answers is whether the statutory grant of power is limited to writs of habeas corpus that are "necessary to enable the courts of the United States to exercise their respective jurisdictions in some cause which they are capable of finally deciding". Section 14 says justices of the supreme court and judges of the district courts "shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment". The Court cites

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...

to explain the function of different common law writs of habeas which are useless in the United States: #Habeas corpus ad respondendum: Used to initiate a cause of action against someone confined by an inferior court. Marshall says it is "perfectly useless" against confinement by the United States because he would already be "confined under the process of this court." He says says "state courts...are not inferior courts because they emanate from a different authority, and are the creatures of a different government" so it could not be used when a person was "confined by process from a state court" either. #Habeas corpus ad satisfaciendum: "This case can never occur in the United States, One court never awards execution on the judgment of another. Our whole juridicial system forbids it." #The writ of habeas cum causa is not what is meant by the Judiciary Act, the Court explains, because the Judiciary Act provides an alternate procedure for "bringing into the courts of the United States suits brought in a state court against a person having a right to claim the jurisdiction of the courts of the United States. Concluding that the "general grant of power" is not limited to an exercise of jurisdiction in "causes which he courtis enabled to decide finally", Marshall explains: "The only power then, which on this limited construction would be granted by the section under consideration, would be that of issuing writs of habeas corpus ad testificandum. The section itself proves that this was not the intention of the legislature."

References

External links

* {{USArticleIII United States Constitution Article One case law United States Constitution Article Three case law United States Supreme Court cases United States Supreme Court cases of the Marshall Court Criminal cases in the Marshall Court Suspension Clause case law 1807 in United States case law Treason Clause case law United States Constitution Article Three venue case law United States habeas corpus case law Original habeas cases Burr conspiracy

Background

Opinion

See also

References

External links