Joseph Story

“ A recognizance of bail, in a criminal case, is taken to secure the due attendance of the party accused, to answer the indictment, and to submit to a trial, and the judgment of the court thereon. It is not designed as a satisfaction for the offence, when it is forfeited and paid ”

“ This case rests on the highest principles known in the administration of justice, that no one is to be twice pounished for the same offence. In England, when there is a second arrest, the recognizance is always released. No case has been found, except where there has been an escape, where, if a bail bond, or a recognizance has been given, you may take again. The exception in the case of escape shows that, in general, there is no such right. ”

“ And, a fortiori, it cannot be deemed to apply to a case like the present, of a penitentiary offence; for that would be to suppose that the law allowed the party to purge away the offence, and the corporeal punishment, by a pecuniary compensation. ”