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Ex Parte Bollman and Ex Parte Swartwout U.S. 75 (1807)

handle is hein.slavery/ussccases0040 and id is 1 raw text is: EEBRUARY, 150Y, EX PARTE BOLLMAN AND EX PARTE Ex PAnTIz SWARTWOUT BOLLUAi AN~D Sw~alr'r W0UT. C. LEE moved for a habeas corfizs to the marshal of This court the district of Columbia, to bring up the body of Samuel has power to issue tu: writ Swartwout, who had been committed by the circuit of ,a 6r- court of that district, on the charge of treason against pus id rabjici. the United States; and for a certiorari to bring up the eduln- record of the commitmenti &c. To consti- lute a tevyis. xf'vr, twere And on a subsequent day Harper made a similar mo- must be an tion in behalf of Brick Bollmat, who had also been corn- assemblage ut' mitted by the same court on a like charge.- persons for the purpose of Olioting 6/ The.order ot the court below, for their commitment, gcrba. tre- was in these words: sonahle pur- pose. EAnL. ment of men The prisoners, Erick Bollman and Samuel Swart- to serve a. wout, were brought up to court in custody of the mar- suinst goverm meit is not sufficient. When war is On. aformer day (Feb. 5) C. Lrebad made a motion for a habeas levied, all corpvsto a alitary officer to bring up the body of ames Aexar.detr, those who an attorneyat lawat New-Orleans, who,' as it was said, had been perform an), seized by an armed force under the qrders of General Wilkinson, and part, however transported to the city of Washington. li ute, or however re- CHASn, J. then wished the motion might lay over to the next day. motefrom the He -was not prepared to give an opinion, lie doubted the jurisdiction scenie cfaction. afthis court to issue a habeas 'rpus in any case. and ho are actually lea- joHssoc, J. douxbted whether the power given by the act of con. 8 ined n the gress, vokl .p. 101, of issuing the writ.of habeas corpus, was not io. Be..ral ccrsi. tended as a mere auxiliary po*er to enable courts to exercise some racy, are trai: otherjurisdicdon given by law. He intimated an opinion that Other toes. of the jdges at his chambers might issue the writ, alhough the Anyassem. court collectively could not. bage of men for the pur- CE As, J. agreed that either of the judges might issue the vrit, fs of rve. but not out of his peculiar circuit luiofrizingb. MARSHALt, Ch. J. The whole subject will be taken up de o e r the go. • . . • r ent/ es- without reference to precedents. It is the wish of the court to have tublisbed b) the motion made in amore solemn manner to-morrow, when you may the -Utei, come prepared to take up the whole ground. [Butin the mean time States in n) :Mr. Alexander was discharged by a judge of the circuit court.) of- iti terr*to.

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