Horace Gray, Hudson v. Parker — Opinion of the Court
“ The statutes of the United States have been framed upon the theory that a person accused of crime shall not, until he has been finally adjudged guilty in the court of last resort, be absolutely compelled to undergo imprisonment or punishment, but may be admitted to bail, not only after arrest and before trial, but after conviction, and pending a writ of error. ”
Horace Gray, Hudson v. Parker — Opinion of the Court
“ The only 'proper security,' then, in a criminal case, is security for the appearance of a prisoner admitted to bail. Within the very terms of the rule, therefore, any justice of this court, although not assigned to the particular circuit, would seem to have the power to permit bail to be taken. But the power rests upon broader grounds. ”
Horace Gray, Hudson v. Parker — Opinion of the Court
“ Having the authority to order bail to be taken, the same justice might either himself approve the bail bond, or he might order that such a bond should be taken in an amount fixed by him; the form of the bond and the sufficiency of the sureties to be passed upon by the court whose judgment was to be reviewed, or by a judge of that court; or he might leave the whole matter of bail to be dealt with by such court or judge.Upon a writ of error in a civil case the requisite security is ordinarily taken by the justice or judge who allows the writ and signs the citation. ”
