Ex parte Bollman
Encyclopedia
Ex parte Bollman, , was a case brought before the United States Supreme Court
. Three main points were established in this early and formative civil liberties case:
Bollman and 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 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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. Three main points were established in this early and formative civil liberties case:
- The Supreme Court has the power to issue writs (orders to enforce a judicial law or principle, e.g. habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
) to circuit courts.- This "gives teeth" to writs like that of habeas corpus, because it provides a way to invoke a higher court's mediation.
- The Constitutional definition of treason is limited to actual, direct, and concrete involvement in an attempt to forcefully overthrow the government.
- That is, treason is essentially a "military" offense. For instance, no amount of anti-government speech can qualify as treason, although giving away military secrets might.
- Only Congress may suspend the writ of habeas corpus.
- This was not so much an argued point, nor something presented as a new interpretation, as it was a matter-of-fact observation made by Chief Justice John MarshallJohn MarshallJohn Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
. This principle would be much more hotly debated in the later Supreme Court Cases of the American Civil WarSupreme Court cases of the American Civil WarA number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. These cases focused on wartime civil liberties, and the ability of the various branches of the government to alter them...
, which centered around wartime civil liberties and the ability of the various branches of government to control them.
- This was not so much an argued point, nor something presented as a new interpretation, as it was a matter-of-fact observation made by Chief Justice John Marshall
Bollman and Swartwout were civilians who became implicated in the Burr-Wilkinson Plot
Burr conspiracy
The Burr conspiracy in the beginning of the 19th century was a suspected treasonous cabal of planters, politicians, and army officers led by former U.S. Vice President Aaron Burr. According to the accusations against him, Burr’s goal was to create an independent nation in the center of North...
. This plot supposedly consisted of Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
and James Wilkinson
James Wilkinson
James Wilkinson was an American soldier and statesman, who was associated with several scandals and controversies. He served in the Continental Army during the American Revolutionary War, but was twice compelled to resign...
attempting to create an empire in the United States, ruled by Burr. In 1806, Wilkinson informed Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
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.