 Chief Justice Marshall 's two opinions for the Court in Bollman addressed several issues . On February 13 , Marshall held that the Supreme Court had jurisdiction to issue the writ under Article Three and § 14 . First , he held that the restrictive phrase " necessary for the exercise of their respective jurisdictions " applied only to " all other writs , not specially provided for by statute , " not habeas corpus . Next , he held that the proviso applies both to the power of courts and individual justices to issue the writ , and that the scope of the writ was to be determined by reference to common law . Then , he held that original habeas was not preempted by the decision of a lower court to deny bail . Finally , he reaffirmed the holding of Burford that original habeas was a constitutional exercise of appellate jurisdiction . 
