Henry Billings Brown

“ A distinction, however, is claimed between the case of a clerk, who is strictly a subordinate officer of the court, and a commissioner, who, it is said, is a separate judicial officer over whom the court has no control. ”

“ St. § 627, which authorizes each circuit court to appoint, 'in different parts of the district for which it is held, so many discreet persons as it may deem necessary, who shall be called 'commissioners of the circuit courts,' and shall exercise the powers which are or may be especially conferred by law upon commissioners of circuit courts.' The authority given to the circuit courts by the original act of 1793 to revoke these appointments at the discretion of the court is not found in the revision ”

“ The duties of these officers are prescribed by law, and they are, in general, to issue warrants for offenses against the United States; to cause the offenders to be arrested and imprisoned, or bailed, for trial, and to order the removal of offenders to other districts (section 1014) ; to hold to security of the peace and for good behavior (section 727) ”