 In Ex parte Bollman (1807), the Court granted the writ to two members of the Burr conspiracy. Dr. Erick Bollman and Samuel Swartwout, having been apprehended in New Orleans, were transported to Charleston and then Baltimore on a navy vessel — notwithstanding the writs of habeas corpus issued by a territorial judge in New Orleans and a district judge in Charlestown. The United States Circuit Court of the District of Columbia issued an arrest warrant for Bollman and Swartwout (who were already in military custody), slated the case for trial in D.C., and denied the prisoners bail; Judge William Cranch (also the Supreme Court's reporter of decisions) dissented in part on the ground that there was no probable cause for the arrest warrant as required by the Fourth Amendment. The Senate passed, but the House rejected, legislation that would have suspended the writ for three months and legalized Bollman and Swartwout's arrests. Nearly every member of Congress attended the oral arguments in the Supreme Court.
