Ex Parte Bollman and Swartwout
Supreme Court of the United States
C. Lrr moved for a habeas corpus to the marshal of the District of Columbia, to bring up the body of Samuel Swartwout, who had been committed by the Circuit Court of that district, on the charge of treason against the United States; and for a certiorari to bring up the record of the commitment, &c.
Read the full summary
C. Lrr moved for a habeas corpus to the marshal of the District of Columbia, to bring up the body of Samuel Swartwout, who had been committed by the Circuit Court of that district, on the charge of treason against the United States; and for a certiorari to bring up the record of the commitment, &c. And on a subsequent day, Harper made a similar motion in behalf of Erick Bollman, who had also been committed by the same court on a like charge, (a) The order of the court below, for their commitment, was in these words: of treason against the United States, on the oaths of General James…
1Opinion of the Court
Marshall, Ch. J.,(a) delivered the opinion of the *58court. — As preliminary to any investigation of the merits of this motion, this court deems it proper to declare, that it disclaims all jurisdiction not given by the constitution, or by the laws of the United States.
Courts which originate in the common law possess a jurisdiction which must be regulated by the common law, until some statute shall change their established principles; but courts which are created by written law, and whose jurisdiction is defined by written- law, cannot transcend that jurisdiction. It is unnecessary to state the…
2Cases cited3 opinions
- United States v. HamiltonSupreme Court of the United States · 1795
- Norris v. NewtonU.S. Circuit Court for the District of Indiana · 1850
- Ex parte EvertsU.S. Circuit Court for the District of Southern Ohio · 1858
3Cited by502 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Gerstein v. PughSupreme Court of the United States · 1975
- Stone v. PowellSupreme Court of the United States · 1976
- Fay v. NoiaSupreme Court of the United States · 1963
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
497 more not listed; retrieve them via the Exa API.