Ex parte Bollman, and Ex parte Swartwout
| Ex parte Bollman | |
|---|---|
| Decided February 20, 1807 | |
| Full case name | Ex parte Erick Bollman and Ex parte Samuel Swartwout |
| Citations | 8 U.S. 75 (more) |
| Case history | |
| Prior | United States v. Bollman, 24 F. Cas. 1189 (C.C.D.C. 1807) (No. 14,622) |
| Subsequent | None |
| Holding | |
| The petitioners' alleged conspiracy did not rise to the level of treason as defined by the Constitution. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Marshall, joined by Cushing, Chase, Washington, Livingston |
| Dissent | Johnson |
| Laws applied | |
| U.S. Const. art. I, III, amends. IV, VI; Judiciary Act of 1789 | |
Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807), was a case brought before the United States Supreme Court. Bollman held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States. The Supreme Court decided that "To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistments of men to serve against government is not sufficient.": 132