Ex parte Bollman

Ex parte Bollman
Ex parte Bollman
	Supreme Court of the United States
Full case name	Ex parte Bollman

Ex parte Bollman is a landmark decision by the Supreme Court of the United States in 1807, which held that the Court had the authority to issue a writ of habeas corpus to review the detention of individuals held by the federal government. The case is significant for its interpretation of the Suspension Clause of the United States Constitution and its impact on the development of federal habeas corpus jurisprudence.

Background[edit | edit source]

The case arose from the arrest of Erick Bollman and Samuel Swartwout, who were accused of participating in the Burr conspiracy, an alleged plot led by former Vice President Aaron Burr to create an independent nation in the center of North America. Bollman and Swartwout were detained by federal authorities and held in the District of Columbia.

Legal Proceedings[edit | edit source]

Bollman and Swartwout petitioned the Supreme Court for a writ of habeas corpus, challenging the legality of their detention. The petitioners argued that they were being held without sufficient evidence and that their detention violated their constitutional rights.

Supreme Court Decision[edit | edit source]

The Supreme Court, in an opinion delivered by Chief Justice John Marshall, held that the Court had the authority to issue a writ of habeas corpus under the Judiciary Act of 1789. The Court found that there was insufficient evidence to hold Bollman and Swartwout on charges of treason and ordered their release.

Chief Justice Marshall's opinion emphasized the importance of the writ of habeas corpus as a fundamental safeguard of individual liberty. He also clarified the scope of the federal courts' power to issue writs of habeas corpus, stating that the power was derived from the Constitution and could not be suspended except in cases of rebellion or invasion.

Impact[edit | edit source]

The decision in Ex parte Bollman established important precedents regarding the federal courts' authority to review the detention of individuals and the application of the writ of habeas corpus. It reinforced the role of the judiciary in protecting individual rights against unlawful detention by the executive branch.