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Bollman was brought before the Supreme Court of the United States in 1807 on a writ of habeas corpus ad subjiciendum, charged with being implicated in a treasonable attempt to levy war upon the United States. (See Burr, Aaron.) The argument of the counsel for the defendant turned upon the authority of the Supreme Court to issue writs of habeas corpus ad subjiciendum, also upon the nature of a treasonable act. It was decided that the court could issue writs of habeas corpus ad subjiciendum, but judgment was found for the plaintiff for lack of precision in evidence, to prove the place of commission of the treasonable act. Also it was decided that mere conspiracy to subvert the government by force is not treason; an actual levying of war is necessary.