Melville Fuller

“ The first 10 articles of amendment were not intended to limit the powers of the states in respect of their own people, but to operate on the federal government only; but the argument is that, so far as those amendments secure the fundamental rights of the individual, they make them his privileges and immunities as a citizen of the United States, which cannot now, under the fourteenth amendment, be abridged by a state ”

“ When a defendant is sentenced to the punishment of death, the judge or judges holding the court at which the conviction takes place, or a majority of them, of whom the judge presiding must be one, must make out, sign, and deliver to the sheriff of the county a warrant stating the conviction and sentence, and appointing the week within which sentence must be executed. ”

“ N. Y. § 528, which provides that, 'when the judgment is of death, an appeal to the court of appeals stays the execution, of course, until the determination of the appeal;' and it was also held that, under the statute providing for execution by electricity, a warrant which directed that execution be done by putting defendant to death in the mode, manner, and way, and at the place, by law prescribed and provided, was sufficient. ”