This section contains the nature of the case and procedural background.

Ps were brought from New Orleans to the District of Columbia, and the government moved for the court to issue a bench warrant against Ps for treason. The court issued the warrant. The government then moved to commit Ps for trial. The government refused Ps to be represented by counsel. Ps argued that “to deny a man to be heard by counsel is to deny him a hearing,” in violation of the now the Sixth Amendment to the United States Constitution and that the accused should be able to respond to the charges and seek bail. Eventually, Ps were incarcerated awaiting trial The order of the court below, for their commitment, was in these words: 'The prisoners, Erick Bollman and Samuel Swartwout, were brought up to court in the custody of the marshal, arrested on a charge of treason against the United States, on the oaths of General James Wilkinson, General William Eaton, James L. Donaldson, Lieutenant William Wilson, and Ensign W. C. Mead, and the court went into further examination of the charge: whereupon it is ordered, that the said Erick Bollman and Samuel Swartwout be committed to the prison of this court, to take their trial for treason against the United States, by levying war against them, to be there kept in safe custody until they shall be discharged in due course of law.' Their attorney moved for a habeas corpus to the marshal of the District of Columbia seeking their release from prison. Ps claimed that the Supreme Court had the power to issue a writ of habeas corpus to review their commitment.

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