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.
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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…
1Dissent
*63Johnson, J.
(dissenting.) — In this case, I have the misfortune to dissent from the majority of my brethren. As it is a case of much interest, I feel it incumbent upon me, to assign the reasons upon which I adopt the opinion that this court has not authority to issue the writ of habeas corpus now moved for. The prisoners are in confinement under a commitment ordered by the superior *court of the District of Columbia, upon a charge of high treason. This motion has for its object their discharge or ad- *- mission to bail, under an order of this court, as circumstances, upon investigation, shall…
2Cases cited3 opinions
- United States v. KazinskiDistrict Court, D. Massachusetts · 1855
- United States v. LumsdenU.S. Circuit Court for the District of Southern Ohio · 1856
- United States v. HertzU.S. Circuit Court for the District of Eastern Pennsylvania · 1855