 In the case of Burford I was one of the members who constituted the court . I owe it to my own consistency to declare that the court were then apprized of my objections to the issuing of the writ of habeas corpus . I did not then comment at large on the reasons which influenced my opinion , and the cause was this : The gentleman who argued that cause confined himself strictly to those considerations which ought alone to influence the decisions of this court . No popular observations on the necessity of protecting the citizen from executive oppression , no animated address calculated to enlist the passions or prejudices of an audience in defence of his motion , imposed on me the necessity of vindicating my opinion . I submitted in silent deference to the decision of my brethren . 
