David Josiah Brewer

“ Indeed, the conclusion reached by the court seems to work out this curious result: that one judge, by virtue of his power to allow a writ of error, can command another judge to perform the ministerial duty of approving a bail bond. ”

“ As said in Ex parte Dyson, 25 Miss. 356-359: 'The right of a prisoner to bail, after conviction, is not regulated by the constitution or by statute, and is governed by the rules and practice of the common law. It seems to be fully and clearly established that the court of king's bench could bail in all cases whatsoever, according to the principles of the common law; the action of that court not being controlled by the various statutes enacted on the subject of bail, but regulated and governed entirely by a sound judicial discretion on the subject. ”

“ The Collector, 5 Wall. 107, 111: 'What is termed the 'policy' of the government with reference to any particular legislation is generally a very uncertain thing, upon which all sorts of opinions, each variant from the other, may be formed by different persons. ”