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Topic: Ex parte Bollman

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	EX PARTE BOLLMAN AND EX PARTE SWARTWOUT
		This part of the statute is remedial and beneficial to the subject, and it is a sound maxim of law, that such statutes are to be construed liberally in favour of liberty.
		The case of Hamilton is expressly in point in all its parts; and although the question of jurisdiction was not made at the bar, the case was several days under advisement, and this question could not have escaped the attention of the court.
		On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from Colonel Burr to General Wilkinson as the latter could interpret it, a division of opinion has taken place in the court.
	www.jusbelli.com /8_us_75.html (15842 words)

	Fay v. Noia, 372 U.S. 391 (1963)
		Ex parte Siebold, 100 U.S. The validity of the judgments is assailed on the ground that the acts of Congress under which the indictments were found are unconstitutional.
		In Ex parte Royall, 117 U.S. 241, the prisoner had brought federal habeas corpus seeking release from his detention pending a state prosecution, and alleging that the statute under which he was to be tried was void under the Contract Clause.
		Ex parte Siebold, 100 [372 U.S. 371, and other decisions, the matters open on habeas were still limited to those which were believed to have deprived the sentencing court of all competence to act, and which therefore could always be raised on collateral attack.
	www.usscplus.com /online/cases/372/3720391.htm (13000 words)

	Ex Parte news
		Ex parte is a Latin legal term meaning "from (by or for) one party" (IPA pronunciation: [?ks 'p?(r)te?] or [?ks 'p?(r)ti]), although the proper Latin pronunciation is [?ks 'p?(r)t?]).
		An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
		The prisoner's ex parte application only sought an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits.
	bankruptcy.mongabay.com /news/Ex_Parte.html (2036 words)

	Article 3, Section 3, Clauses 1 and 2: Ex parte Bollman & Swartwout
		On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from Colonel Burr to General Wilkinson as the latter could interpret it, a division of opinion has taken place in the court.
		It is therefore the opinion of a majority of the court, that in the case of Samuel Swartwout there is not sufficient evidence of his levying war against the United States to justify his commitment on the charge of treason.
		The law read on the part of the prosecution is understood to apply only to offences committed on the high seas, or in any river, haven, basin or bay, not within the jurisdiction of any particular state.
	press-pubs.uchicago.edu /founders/documents/a3_3_1-2s21.html (2928 words)

	[No title] (Site not responding. Last check: )
		Part IV.C rebuts the inferences that Ex parte Bollman drew from the first sentence of Section 14: (a) that the Suspension Clause is nothing more than an exhortation to Congress to provide for the writ, so that (b) if Congress failed to do so, the federal courts would lack the jurisdiction to grant it.
		As Part II.B.2 argues, a holistic view of this history would be that almost all of the participants in the ratification debates expected the Clause to protect the independent judicial examination on federal habeas corpus of all imprisonments, state or federal.
		Ex parte Bollman was decided against the backdrop of the upheaval in American politics that followed the Presidential election of 1800.
	www.law.ua.edu /lawreview/freedman512.htm (14597 words)

	EX PARTE QUIRIN ET AL
		The law of war includes that part of the law of nations which prescribes for the conduct of war the status, rights and duties of enemy nations and of enemy individuals.
		Ex parte Milligan, 4 Wall 2, 18 L Ed.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as -- in circumstances found not there to be present, and not involved here -- martial law might be constitutionally established.
	www.uwosh.edu /greatideas/harris/QUIRIN.htm (12179 words)

	Ex parte Siebold, 100 U.S. 371 (1880) - U.S. Supreme Court -
		163) and Ex parte Parks, 93 U.S. In the former case, we held that the judgment was void, and released the petitioner accordingly; in the latter, we held that the judgment, whether erroneous or not, was not void, because the court had jurisdiction of the cause; and we refused to interfere.
		Corp., B. The latter part of this rule, when applied to imprisonment under conviction and sentence, is confined to cases of clear and manifest want of criminality in the matter charged, such as in effect to render the proceedings void.
		They relate to elections of members of the House of Representatives, and were an assertion, on the part of Congress, of a power to pass laws for regulating and superintending said elections, and for securing the purity thereof, and the rights of citizens to vote thereat peaceably and without molestation.
	www.vlex.us /caselaw/U-S-Supreme-Court/Ex-parte-Siebold-100-U-S-371-1880/2100-20061567,01.html (7305 words)

	[No title]
		His speech toward the end of the trial occupied the greater part of two days and was a powerful defense of his client's rights.
		all those who perform any part however minute or however remote from the scene of action and who are actually leagued in the general conspiracy are to be considered as traitors." But he declared: "This opinion does not touch the case of a person who advises or procures an assemblage and does nothing further.
		And we may well imagine that he was glad, when interpreting the Constitution as a new and positive safeguard of freedom, to find a method whereby the critical question of Burr's essential intent and purpose was avoided and was not passed on by the jury with insufficient if not misleading evidence at its command.
	www.humanitiesweb.org /human.php?s=s&p=h&ID=1781 (3580 words)

	Ex parte Bollman - Wikipedia, the free encyclopedia
		Ex parte Erick Bollman and Ex parte Samuel Swartwout
		Ex parte Bollman, 8 U.S.), was a case brought before the United States Supreme Court.
		Bollman and Swartwout were civilians who became implicated in the Burr-Wilkinson Plot.
	en.wikipedia.org /wiki/Ex_Parte_Bollman (441 words)

	Hurst: The Law of Treason: Appendix
		Ex Parte Quirin, 317 U. Charges of treason were found improperly laid against a state, where the accused was deemed to have acted rather against his allegiance to the United States, in People v.
		And Ex parte Jones, 71 W. Va. 567, 77 S. 1029 0913), over a strong dissent by Robinson, J., employs a rationale derived in part from the broader authorities on "levying war" to sustain the validity of detention of rioters for trial by military tribunals.
		He simply cites cases and makes no reference to his discussion of the policy behind the broad scope of compassing, though he does take pains to note that the defendants in the cited cases were also charged with compassing.
	www.constitution.org /cmt/jwh/jwh_treason_apn.htm (5683 words)

	[No title]
		Ex parte Hull, 312 U.S. And in Wilwording v.
		Ex parte Royall is, of course, the germinal case, and its concern with the relations between state
		Ex parte Royall itself did not involve a challenge to a state conviction but rather an effort to secure a prisoner's release on habeas corpus "in advance of his trial in the [state] court in which he [was] indicted." Id., at 253.
	www.vlex.us /generic/descarga/19987025,A_63,Q_,17.doc (12779 words)

	UNITED STATES v. MINORU YASUI - District Court, D. Oregon
		Ex parte Owens, D.C.Or., Judge McColloch, where it was held that one under eighteen years of age who had enlisted in the National Guard of the State of Oregon Without parents' consent could be inducted and compelled to serve after the mobilization in federal service.
		In Ex Parte Milligan, supra, a citizen of the United States who had been tried, convicted and sentenced to death by military commission for conspiracy and subversive measures against the federal government, applied for habeas corpus.
		The doctrines of Ex parte Milligan are not repudiated by the Quirin decision.
	bss.sfsu.edu /internment/yasui1942.html (6752 words)

	[No title]
		In Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869), the Court upheld, as against an Article III challenge, a provision that withdrew from the Su- preme Court's appellate jurisdiction the authority to review habeas corpus decisions of lower federal courts.
		In Ex parte Watkins, 28 U.S. (3 Pet.) 193 (1830), the Court stated that the term "habeas corpus" is "used in the constitution, as one which was well understood." Id. at 201.
		No ex parte proceeding, communication, or request may be considered pursuant to this section unless a proper showing is made concerning the need for confidentiality.
	www.usdoj.gov /osg/briefs/1995/w958836w.txt (14173 words)

	Supreme Court cases of the American Civil War - Wikipedia, the free encyclopedia
		Ex parte Bollman (1807) was an early case that made many important arguments about the power of the Supreme Court, as well as the constitutional definition of treason.
		Ex parte Merryman (1861) was not actually a Supreme Court case, although it was heard by then-Chief Justice Roger Taney (see circuit riding).
		In Ex parte Vallandigham (1863), a former congressman was tried before a military tribunal by General Ambrose Burnside for treason after he delivered an incendiary speech at Mount Vernon.
	en.wikipedia.org /wiki/Supreme_Court_Cases_of_the_American_Civil_War (353 words)

	HABEAS CORPUS: RETHINKING THE GREAT WRIT OF LIBERTY
		Part I examines the origins of habeas corpus and highlights a "fundamental error" that has plagued the Court's interpretation of the Suspension Clause since the Marshall Court.
		Part III debunks the myth that the Vinson Court used BROWN v.
		In Part I, Freedman begins with a discussion of the Suspension Clause: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it" (p.9).
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/Freedman204.htm (1401 words)

	Ex Parte Hentoff - November 2, 2006 - The New York Sun
		This is the opinion of the Supreme Court in which the first chief justice of the United States, John Marshall, laid down the long lines in respect of treason.
		Bush, Vice President Cheney, Attorney General Gonzales, and the director of the Federal Bureau of Investigation, Robert Mueller, "are not editors of the Sun." He's upset with what he calls their devotion to the authority of the "unitary executive" to "override such American laws as the War Crimes Act" and international treaties.
		Hentoff himself is prepared to credit Marshall's famous warning, in Ex parte Bollman, that "all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors."
	www.nysun.com /article/42731 (682 words)

	Ex parte Merryman - TvWiki, the free encyclopedia (Site not responding. Last check: )
		Also in response to the riots, Baltimore's Mayor Brown and Maryland Governor Hicks declared that they would allow no more troop transfers to go through their territory, and gathered five hundred thousand dollars "for the defense of the city".
		Lieutenant John Merryman, an officer in the Maryland cavalry, was part of the escort that ejected Union General Wynkoop and his Pennsylvanian forces from Maryland.
		Its legal argument holding that Congress alone may suspend the writ is noted for reiterating the dicta of John Marshall in Ex Parte Bollman (1807) and was recently restated by the Supreme Court in Hamdi v.
	www.tvwiki.tv /wiki/Ex_parte_Merryman (943 words)

	Article 1, Section 9, Clause 2: Ex parte Bollman & Swartwout
		The case of Hamilton is expressly in point in all its parts; and although the question of jurisdiction was not made at the bar, the case was several days
		There is one mode of construing this clause, which appears to me to remove all ambiguity, and to render every part of it sensible and operative.
		By the consent of his sovereign, a foreign minister may be subjected to the laws of the state near which he resides.
	press-pubs.uchicago.edu /founders/documents/a1_9_2s14.html (3607 words)

	EX PARTE WATKINS, 28 U. S. 193 (1830) -- US Supreme Court Cases from Justia & Oyez
		17, Ex Parte Burford, 3 Cranch 447, Ex parte Bollman & Swartwout, 4 Cranch 75, and Ex Parte Kearney, 7 Wheat.
		No such case was to be found since the organization of the court, and as writs of error and appeals are expressly limited to cases which are not criminal, the issuing of such a writ, and for such a purpose would be contrary to law.
		In the case Ex Parte Burford, 3 Cranch 447, the prisoner was committed originally by the warrant of several justices of the peace for the County of Alexandria.
	supreme.justia.com /us/28/193/case.html (5411 words)

	FindLaw \| Cases and Codes
		Harper, in reply, congratulated his country on the triumph of correct principles, in the abandonment, on the part of the prosecution, of the dangerous doctrine, that executive messages were to be received as evidence in a criminal prosecution.
		It is a general rule of law respecting testimony, that it shall be taken before the tribunal which is to act upon it, or under the direction of that tribunal; that the person who is to decide, shall also inquire; that the inquiry shall not be before one tribunal, and the judgment pronounced by another.
		It is therefore the opinion of a majority of the court, that in the case of Samuel Swartwout there is not sufficient evidence of his levying war against the United States to justify his commitment on the charge of treason.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=8&invol=75 (16712 words)

	U.S. Constitution Can Not Be Suspended
		Neither the Constitution nor the laws of the United States provide for the declaration of a general state of emergency entailing suspension of the normal operations of the Government or permitting derogations from fundamental rights.
		Congress is considered to hold the authority to suspend the privilege; President Lincoln suspended the privilege during the Civil War but sought congressional authorization for his actions.
		Ex Parte Bollman, 8 U.S. (4 Cranch) 74, 101 (1807); Ex Parte Merryman, 17 Fed. Cas.
	www.rhfweb.com /hweb/shared2/suspend.html (614 words)

	[No title] (Site not responding. Last check: )
		Professor Freedman is perhaps the best and most important of today's several historians of the legal history of habeas corpus in the United States, in no small part because of his meticulous research and his crystal-clear prose.
		The three parts of that study he has presented to us, one in this and the others in future issues, will be at the heart of his book and of his liberatory message about the history of habeas in the United States.
		The Constitution recites in part that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
	www.law.ua.edu /lawreview/holt512.htm (1403 words)

	Overdue Process - Part II
		For state convicts today, the writ of habeas corpus has become a second appeal, in which they are entitled to receive, in the lower federal courts, a second review from scratch of claims already considered and rejected by the state courts.
		Ex parte Bollman, 8 U. 75, 100 (1807); see also Ex parte Burford, 7 U. 448, 452 (1806) (petitioner jailed on warrant that "does not allege that he was convicted of any crime").
		Ex parte Hawk, 321 U. 114, 118 (1944); see also Schechtman v.
	www.cjlf.org /publctns/Overdue/ODII.htm (1982 words)

	Ex Parte Merryman by R. B. Taney, Chief Justice (Site not responding. Last check: )
		Jefferson’s opinion, the suspension of the writ, he claimed, on his part, no power to suspend it, but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the subject, and determine whether the public safety required it.
		It would seem, as the power is given to Congress to suspend the writ of habeas corpus in cases of rebellion or invasion, that the right to judge whether the exigency had arisen must exclusively belong to that body." — 3 Story’s Com.
		And Chief Justice Marshall, in delivering the opinion of the Supreme Court in the case ex parte Bollman and Swartwout, uses this decisive language, in 4 Cranch, 95:
	teachingamericanhistory.org /library/index.asp?documentprint=442 (2716 words)

	Whitney v. Dick, 202 U.S. 132, 26 S.Ct. 584, 50 L.Ed. 963 (1906)
		It is doubtless true that if the language of the court of appeals act was fairly susceptible of two constructions, one granting and the other omitting to grant power to issue a writ of habeas corpus, the great importance of the writ might justify a construction upholding the grant.
		This is indicated by the ruling in Ex parte Bollman, 4 Cranch, 75, 2 L. ed.
		But in the court of appeals act there is no mention of habeas corpus, no language which can be tortured into a grant of power to issue the writ, except in cases where it may be necessary for the exercise of a jurisdiction already existing.
	www.utulsa.edu /law/classes/rice/USSCT_Cases/Whitney_v_Dick_202_132.htm (1967 words)

	[No title]
		EX PARTE QUIRIN ET AL.; n1 UNITED STATES EX REL.
		P. The offense charged in this case was an offense against the law of war, the trial of which by military commission had been authorized by Congress, and which the Constitution does not require to be tried by jury.
		Eisenberg, 32 N. 2d 450; Ex parte Orozco, 201 F. 106; Ex parte Risse, 257 F. 102; 55 Harvard L. Rev. 1058; 31 Ops.
	hatemonitor.csusb.edu /legal/ExParteQuirin.html (11663 words)

	American Civil Liberties Union : ACLU Amicus Brief in Stewart v. Martinez-Villareal
		The state insists that Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807), held that federal habeas jurisdiction is entirely a matter of statute.
		The Court did state (unremarkably) in Bollman that "the power to award the writ by any of the courts of the United States must be given by written law." 8 U.S. at 94.
		Then, in Bollman, the Court may simply have seized counsel's invitation to treat its habeas jurisdiction as appellate as a convenient means of acknowledging its original habeas jurisdiction (in effect if not in form) without conceding any lapse in Marbury.
	www.aclu.org /scotus/1997/22808lgl19971222.html (7712 words)

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