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1807 United States Supreme Court case
Ex parte Bollman
Supreme Court of the United States
Decided February 20, 1807
Full case name
Ex parte Erick Bollman and Ex parte Samuel Swartwout
Citations
8 U.S. 75 (more)
4 Cranch 75; 2 L. Ed. 554; 1807 U.S. LEXIS 369
Case history
Prior
United States v. Bollman, 24 F. Cas. 1189 (C.C.D.C. 1807) (No. 14,622)
Subsequent
None
Holding
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 H. Brockholst Livingston
Case opinions
Majority
Marshall, joined by Cushing, Chase, Washington, Livingston
Dissent
Johnson
Laws applied
U.S. Const. art. I, III, amends. IV, VI; Judiciary Act of 1789
Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807), was a case brought before the United States Supreme Court. Bollman held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States.[1]
Erick Bollman and Samuel 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 President Thomas Jefferson 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.
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."[1]: 132
^ abHowell, Herbert A. (November 1917). "The Law of Treason". Virginia Law Review. 5 (2): 131–134. doi:10.2307/1064036. ISSN 0042-6601. JSTOR 1064036.
ExparteBollman, 8 U.S. (4 Cranch) 75 (1807), was a case brought before the United States Supreme Court. Bollman held that the constitutional definition...
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cases are United States v. Simms (1803), United States v. More (1805), ExparteBollman (1807), United States v. Hudson (1812), Cohens v. Virginia (1821),...
Citing ExparteBollman, United States v. Burr, the Prize Cases, United States v. Vigol (1795), United States v. Mitchell I (1795), and Exparte Vallandigham...
had not committed an act of war, he could not be found guilty (see ExparteBollman); the First Amendment guaranteed Burr the right to voice opposition...
Markus Bollmann (born 1981), German footballer ExparteBollman, 1807 United States Supreme Court case Bollman Hat Company Bolman (disambiguation) Boltzmann...
construe the definition more widely than its text appeared to allow. In ExparteBollman (1807) the Supreme Court rejected arguments by prosecutors to the effect...
the King or "violating" the Queen, were punishable as treason. In ExParteBollman, 8 U.S. 75 (1807), the Supreme Court ruled that "there must be an actual...
to alter them. The following cases were among the most significant. ExparteBollman (1807) was an early case that made many important arguments about the...
view': The dissent reads into Chief Justice Marshall's opinion in ExparteBollman, 4 Cranch 75 (1807), support for a proposition that the Chief Justice...
exercising the full extent of Congress's authority under Article Three. In ExparteBollman (1807), the Court held that the statutory term "any place out of the...
Strawbridge v. Curtiss 7 U.S. 267 (1806) federal diversity jurisdiction ExparteBollman 8 U.S. 75 (1807) habeas corpus, definition of treason, Supreme Court's...
first brought." The 1825 wording appeared to ratify the holding of ExparteBollman, which had held that the Territory of Orleans—in which federal territorial...
Corpus: Part I: Just Because John Marshall Said It, Doesn't Make It So: ExParteBollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for...
substantial portion of the Supreme Court's docket. See #Jury Clauses ExparteBollman, 8 U.S. (4 Cranch) 75, 135–37 (1807) United States v. Dawson, 56 U...
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