 Prior to Chief Justice Marshall 's tenure , the Supreme Court had heard only two criminal cases — both by prerogative writ . First , in United States v. Hamilton ( 1795 ) , the Court granted bail to a capital defendant charged with treason — as it was authorized to do by § 33 of the Judiciary Act of 1789 and § 4 of the Judiciary Act of 1793 — on an original writ of habeas corpus . The greater portion of the decision was dedicated to the Court 's refusal to order the case tried by a special circuit court , as was provided for by § 3 of the Judiciary Act of 1793 . Second , in United States v. Lawrence ( 1795 ) , the Court declined to issue a writ of mandamus to compel a district judge to order the arrest of a deserter of the French navy , as the French government argued to be required by the consular convention between the United States and France . 
