Bollman, Ex Parte, v. Swartwout 4 Cranch 75 (1807)
BOLLMAN, EX PARTE, v. SWARTWOUT 4 Cranch 75 (1807)
The Supreme Court discharged the prisoners, confederates in aaron burr's conspiracy, from an indictment for treason. The indictment specified their treason as levying war against the United States. Chief Justice john marshall, for the Court, distinguished treason from a conspiracy to commit it. He sought to prevent the crime of treason from being "extended by construction to doubtful cases." To complete the crime of treason or levying war, Marshall said, a body of men must be "actually assembled for the purpose of effecting by force a treasonable purpose," in which everyone involved, to any degree and however remote from the scene of action, is guilty of treason. But the levying of war does not exist short of the actual assemblage of armed men. Congress had the power to punish crimes short of treason, but the Constitution protected Americans from a charge of treason for a crime short of it.
Bollman is also an important precedent in the law of federal jurisdiction. In obiter dictum, Marshall stated that a federal court's power to issue a writ of habeas corpus "must be given by written law," denying by inference that the courts have any inherent power to grant habeas corpus relief, apart from congressional authorization.
Leonard W. Levy
"Bollman, Ex Parte, v. Swartwout 4 Cranch 75 (1807)." Encyclopedia of the American Constitution. . Encyclopedia.com. 18 Sep. 2019 <https://www.encyclopedia.com>.
"Bollman, Ex Parte, v. Swartwout 4 Cranch 75 (1807)." Encyclopedia of the American Constitution. . Encyclopedia.com. (September 18, 2019). https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/bollman-ex-parte-v-swartwout-4-cranch-75-1807
"Bollman, Ex Parte, v. Swartwout 4 Cranch 75 (1807)." Encyclopedia of the American Constitution. . Retrieved September 18, 2019 from Encyclopedia.com: https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/bollman-ex-parte-v-swartwout-4-cranch-75-1807
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.