by John Marshall Harlan

“ As congress went no further than to stay the hands of the state court 'until final judgment,' we cannot superadd the condition that the filing of the mandate in the circuit court-in case of the mere affirmance of its judgment refusing a writ of habeas corpus-is absolutely necessary before the state court can proceed in the execution of the judgment of conviction. ”

“ The criminal laws of New York make no discrimination against him because of his nativity or race. They accord to him, when upon trial for his life or liberty, the same rights and privileges that are accorded, under like circumstances, to native or naturalized citizens of this country. ”