OpenLLM-France/wikimedia huggingface dataset:
# Lambert v. Barrett (159 U.S. 660)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
159 U.S. 660
Lambert v. Barrett
By section 766 of the Revised Statutes, where an appeal from the final decision of a circuit court of the United States denying the writ of habeas corpus to a persona lleging restraint of his liberty by state authority in violation of the constitution or laws of the United States is 'in process of being heard and determined,' any proceeding against such person in respect of the matter under consideration is to be deemed null and void. As no order staying proceedings under state authority is made a condition to such stay, the bare pendency of the appeal has that effect, and in consequence many applications for habeas corpus have been made to the circuit courts, and, on denial, many appeals taken to this court on inadequate and insufficient grounds. It is natural that counsel for the condemned in a capital case should lay hold of every ground which, in their judgment, might tend to the advantage of their client, but the administration of justice ought not to be interfered with on mere pretexts.
When, in the instance of the first application for habeas corpus made by this petitioner, the appeal to this court was dismissed, the supersedeas fell with the disposition of the case; and when final judgment was entered here, and especially after the mandate had issued, the authorities of the state had power to proceed, although the mandate may have been, as is said, delivered to them instead of to the circuit court. In re Jugiro, 140 U.S. 295, 296, 11 Sup. Ct. 770.
The constitution of New Jersey provides that the governor may grant reprieves 'to extend until the expiration of a time not exceeding 90 days after conviction'; and by section 123 of the criminal procedure act of the state it is provided that when a reprieve is granted to any convict sentenced to the punishment of death, and he is not pardoned, it shall be the duty of the governor to issue his warrant to the sheriff of the proper county for the execution of the sentence at such time as is therein appointed and expressed. It is contended that, if there is no reprieve, there can be no warrant; that there was no authority to issue either, except within 90 days after conviction; and that appellant must be brought before the trial court, and a new date be fixed for the execution. But these are matters for the determination of the state courts, and they appear to have been passed upon adversely to petitioner. That result involves no denial of due process of law, or the infraction of any provision of the constitution of the United States. Lambert v. Barrett, 157 U.S. 697, 15 Sup. Ct. 722; Holden v. Minnesota, 137 U.S. 483, 11 Sup. Ct. 143; Schwab v. Berggren, 143 U.S. 442, 12 Sup. Ct. 525; McElvaine v. Brush, 142 U.S. 155, 159, 12 Sup. Ct. 156; In re Cross, 146 U.S. 271, 278, 13 Sup. Ct. 109.
Order affirmed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Lambert v. Barrett

* Search for titles containing or beginning with: "Lambert v. Barrett."
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* Lambert v. Barrett (157 U.S. 697)
* Lambert v. Barrett (159 U.S. 660)
# Lambert v. Barrett (157 U.S. 697)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
157 U.S. 697
Lambert v. Barrett
This appeal must be dismissed for want of jurisdiction. The constitution of New Jersey provides that the governor shall have power 'to grant reprieves to extend until the expiration of a time not exceeding ninety days, after conviction.' Const. N. J. art. 5, § 9. The verdict was returned June 15th. Sentence was passed October 13th, and a reprieve for 30 days was granted December 4, 1894. Appellant contends that the word 'conviction' relates to the verdict of the jury, and not to the sentence of the court, and that, therefore, the governor had no power to grant the reprieve, nor subsequently to issue the warrant of execution. But the contention that petitioner cannot be made to pay the penalty for the crime of which he was adjudged guilty, because he was not executed at the time originally designated, by reason of the interposition of the governor at his instance, which petitioner alleges was, as matter of construction of the state constitution, unauthorized, was not sustained by the chief justice of the state nor by the associate justice of its supreme court, to whom, severally, he applied, and their action is not open to review here. With the disposition of state questions by the appropriate state authorities, it is not the province of this court to interfere, and there is no basis for the suggestion of any violation of the constitution of the United States; the denial of due process of law; or deprivation of any right, privilege, or immunity secured to him by the constitution or laws of the United States. Hallinger v. Davis, 146 U.S. 314, 13 Sup. Ct. 105; In re Kemmler, 136 U.S. 436, 10 Sup. Ct. 930; Caldwell v. Texas, 137 U.S. 692, 11 Sup. Ct. 224; In re Converse, 137 U.S. 624, 11 Sup. Ct. 191; McNulty v. California, 149 U.S. 645, 13 Sup. Ct. 959.
Moreover, the order from which the appeal was taken was not a final decision of the circuit court of the United States for the district of New Jersey, but was an order of the circuit judge at chambers, and an appeal from such an order will not lie. Rev. St. §§ 763, 764; Act March 3, 1885 (23 Stat. 437, c. 353); Carper v. Fitzgerald, 121 U.S. 87, 7 Sup. Ct. 825; Ex parte Lennon, 150 U.S. 393, 14 Sup. Ct. 123; McKnight v. James, 155 U.S. 685, 15 Sup. Ct. 248.
Appeal dismissed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Littell's Living Age/Volume 131/Issue 1687/A Question

* A QUESTION.
* Beyond the fields with summer glowing
* I see a grave where flowers are growing,
* Where grateful hands are always throwing
* Bright laurels one by one.
* A splendid heart at rest is lying,
* A brave heart, victor in its trying,
* That left humanity when dying,
* A great work grandly done.
* Within those fields with sunlight burning,
* His scanty living daily earning,
* A man the fragrant hay is turning
* Into many a heap;
* Slow are the eyes that watch his raking,
* Or idly signs of weather taking,
* The heart to impulse only waking,
* The soul still dumb, asleep.
* Which is the death? We are receiving
* New courage from a soul yet giving,
* A blessing from a heart yet living,
* An inspiration still.
* Which is the life? A dull, blind straying?
* A toil no grander thought obeying?
* Heart, live thy best, thy questions laying
* On some far broader will.
* Transcript.Mary G. Morrison.
# Littell's Living Age/Volume 131/Issue 1687/Going Softly

* GOING SOFTLY.
* She makes no moan above her faded flowers,
* She will not vainly strive against her lot,
* Patient she wears away the slow, sad hours,
* As if the ray they had were quite forgot;
* While stronger fingers snatch away the sword,
* And lighter footsteps pass her on the ways,
* Yielding submissive to the stern award
* That said, she must go softly all her days.
* She knows the pulse is beating quickly yet,
* She knows the dream is sweet and subtle still,
* That struggling from the cloud of past regret,
* Ready for conflict live Hope, Joy, and Will
* So soon, so soon to veil the eager eyes,
* To dull the throbbing ear to blame or praise,
* So soon to crush rewakening sympathies,
* And teach them she goes softly all her days.
* She will not speak or move beneath the doom,
* She knows she had her day, and flung her cast,
* The loser scarce the laurel may assume,
* Nor evening think the noonday glow can last.
* Only, oh youth and love, as in your pride,
* Of joyous triumph your gay notes you raise,
* Throw one kind glance and word where, at your side,
* She creeps, who must go softly all her days.
* All The Year Round.
# Littell's Living Age/Volume 131/Issue 1687/Midsummer

* MIDSUMMER.
* Along the uplands waves the grain
* In golden billows, and below
* Upon a level stretch of plain
* The whitened fields of buckwheat grow.
* The leafy boughs with apples bend,
* The green is on the chestnut-burs,
* The locust-buds their perfume send,
* The breeze now scarce a ripple stirs
* Above the surface of the lake,
* And in the silence*of the brake,
* O'ergrown with ferns, the cat-bird screams,
* The brown thrush and the robin sing,
* The air with light is half ablaze,
* And underneath the dazzling beams
* Of the noontide's exultant rays.
* The bluebird spreads his azure wing.
* Down where the dusty roads divide,
* The little, old red schoolhouse stands,
* And here upon the shady side,
* The children group in happy bands,
* Let loose at noon. The open door,
* The battered porch, the well-worn floor,
* The row of nails, on which a score
* Of rimless hats are hung by day.
* The grass is trodden by the feet
* Of merry urchins at their play,
* And heedless of the summer heat,
* For life to them is very sweet,
* The intermission glides away.
* Oh gleesome hearts, in after years
* These scenes to you will bring no tears
* When life is not a holiday.
* Franklin W. Fish.
# Littell's Living Age/Volume 131/Issue 1687/Nicholas St. John Green

* NICHOLAS ST. JOHN GREEN.
* Died Sept. 8, 1876.
* I.
* Dear friend! the ancient elegiac strain
* For death — was death itself and dark despair;
* Each word a sob — the vain lament in vain
* Fell on the careless air!
* II.
* Better our teaching, though they teach as well,
* How deathless atoms in eternal flow
* Compose the mortal bodies where we dwell,
* And all things high and low.
* III.
* Can senseless atoms live? forever live?
* Aild that which animates them ever die?
* Can we — together brought, without our leave,
* Then forc'd apart to fly —
* IV.
* Be worse for immortality? Our loss
* Cannot be lasting while He lasts to tell
* What glory shines behind His better cross,
* Who doeth "all things" well!
* Advertiser.George Sennott.
# Littell's Living Age/Volume 131/Issue 1688

LITTELL'S LIVING AGE.
| Fifth Series, Volume XVI. | $\scriptstyle {\left.{\begin{matrix}\ \end{matrix}}\right\}\,$ | No. 1688. — October 21, 1876. | $\scriptstyle {\left\{{\begin{matrix}\ \end{matrix}}\right.}$ | From Beginning Vol. CXXXI. |
CONTENTS. :
| I. | The Reality of Duty: as Illustrated by the Autobiography of Mr. John Stuart Mill, | Contemporary Review, | 131 |
| II. | The Philosopher's Pendulum: a Tale from Germany. By Rudolph Lindau, | Blackwood's Magazine, | 147 |
| III. | Ulster and its People, | Fraser's Magazine, | 159 |
| IV. | The Bayreuth Performances, | All The Year Round, | 167 |
| V. | Society in Italy in the Last Days of the Roman Republic. By J. A. Froude, | Fraser's Magazine, | 171 |
| VI. | A Drive in Devonshire, | Spectator, | 180 |
| VII. | Dolls, | Spectator, | 182 |
| VIII. | The Marquis of Lossie. By George Macdonald, author of "Malcolm," etc., | Advance Sheets, | 185 |
| IX. | The Pope's Daily Life, | Westminster Gazette, | 191 |
POETRY. :
| Antipas, | 130 | In Memoriam, | 130 |
| Poetry, | 130 | The House in the Meadow, | 130 |
| Stanzas Written in October, | 130 | From the Italian, | 130 |
| Miscellany, | Miscellany, | Miscellany, | 192 |
# Littell's Living Age/Volume 131/Issue 1688/Antipas

* ANTIPAS.
* And who was Antipas? and where dwelt he,
* The martyred "faithful," honored of his Lord?
* Had he, as men count honor, high degree?
* Or was he nurtured at a peasant board?
* Vain questions these: the inspired words afford
* His crown and claim; he perished gloriously.
* And many a deed shall wither with time's scroll,
* That shook the earth — and many a name, whose sound
* Went forth triumphantly from pole to pole,
* Shall drop into oblivion, unrenowned,
* When Ire, thus briefly chronicled, is found
* In heaven's high registry, a victor soul.
* Needs not for entrance there the laurelled crest,
* The distant battle-field, and trumpet's din,
* Nor history's sounding page; the sealed breast
* Hides man's true history, whose worst foe's within!
* In daily conflict with the legion sin,
* Souls may the martyr's crown and triumph win,
* Unknown on earth, unhonored, and unblest.
* Mrs. G. G. Richardson.
# Life of Jesus

* Search for titles containing or beginning with: "Life of Jesus."
* sister projects: Wikipedia article, Wikidata item.
This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Life of Jesus (German Das Leben Jesu) by David Friedrich Strauss (1846)
* Life of Jesus (French Vie de Jésus) by Ernest Renan (1865)

## See also

* Author:Jesus of Nazareth
# Latter Day Saints' Messenger and Advocate/Volume 1/Number 10/Missionaries

Virtue is succeeded by vice in the extreme, and all parade and pomp attached to religion is sound without substance—solemn mockery before the Lord, and an offering of vanity which never raises a soul to heaven. It is in vain to buy eternal life with money; it is in vain to please God, if we neglect the poor; it is vain to serve the Lord with fashions, and it is in vain to expect corrupt trees to bring forth good fruit. If we ever enter a world of happiness it will be because we have obeyed the commandments of the Lord; visited the fatherless and the widow and administered to their afflictions and necessities; because we have visited the saints in prison and comforted them; because we have never looked upon sin with any degree of allowance, and because we have fought the good fight of faith and been faithful to the end—yea, our ears will hear the word of the Lord, behind us, saying; "This is the way, walk ye in it."
Our nation is certainly receding from virtue; from many places there might be reason to say the people know how to act better than they do. We subjoin the following from the Albany Mercury as one evidence in support of the premises we have entered:
"MISSIONARIES.—It is a lamentable truth, that, notwithstanding the preeminent advantages the Americans enjoy, notwithstanding the great diffusion of education among them, there is a degree of religious fanaticism existing in the United States, that, if permitted to come to maturity, will sweep away, in one common ruin, liberty, happiness, and the rights of man. Do but examine one single feature of this fanaticism, and then Judge what princi-page 153ples the WHOLE must be composed of. Look at the thousands of dollars that are sent out of the country, day after day, to support a Legion called 'Missionaries.' Look to individuals that will subscribe tens of thousands of dollars to the support of this fund, who would not give a single cent to the relief of his fellow creature on a bed of sickness, with his weeping and half naked children around him;—and then take a view of the solitary captive, the American Artisan and Mechanic, with a trifling debt on his shoulders, looking through the bars of a prison on the blessed Sabbath day, and, in our own city, depending for a morsel to eat on the charity of their fellow citizens." P.
# Latter Day Saints' Messenger and Advocate/Volume 1/Number 10/Morning hymn

Morning Hymn.
TUNE—Chinese Chant.
Awake! for the morning is come:
Rejoice in the Lord, and trust in his mercy,
And pray unto him, in meekness and love,
For knowledge and health, and all his good
blessings,
To comfort and happily home.
O Lord, thou good Shepherd and King
We want, through the day, to feed in thy
pastures,
And feast on thy bounteous goodness and
grace:
O lead us along the banks of still waters,
To gladden our hearts and to sing.
Lord turn all our hearts unto thee,
To walk in the paths of virtue and wisdom,
To live in the bonds of union and peace,
And glorify thee on earth as in heaven:
O keep us unspotted and free!
O thou art the staff and the rod,
On which we can lean in ev'ry condition,
In youth and in age, or the valley of death
For raiment and food, for joy and for comfort,
So praise ye the Lord, who is God. P.
# Latter Day Saints' Messenger and Advocate/Volume 1/Number 11/Doctrine and Covenants

DOCTRINE AND COVENANTS.
By an article entitled "General Assembly," in this month's paper, it will be seen that the Doctrine and Covenants of the Church of Latter Day Saints, is nearly ready for sale. At any rate it may be expected in the course of a month, as one thousand copies have already been delivered to the binder.
Since the commencement of this work, even in Missouri, where, just before it was ready to come out, it fell into the hands of a mob, our anxiety and exertions have been unabated, to put in the possession of the Saints, and all who feel a desire to be saved. We have greatly desired that this little sacred volume might go into the world, that the inhabitants thereof might know what the Lord was about to do in the last days. We know that the word of the Lord is sure, and never fails, and, as faithful servants to him, living in the hope of a glorious resurrection with the just when the righteous arise to meet him in the cloud, we bear testimony that the revelations therein contained are true and faithful.
We hope and pray that the Saints may be as anxious to keep the commandments, and be governed by the Doctrine and Covenants, contained in said book, as they have been for its publication: if they do observe all the requirements towards perfecting themselves in holiness, that they may serve the Lord acceptably with "clean hands and pure hearts," it will be well with them: but if they neglect to walk in all the ordinances of the Covenants and law of the Lord blameless, they must be chastened. The righteous shall be had in everlasting remembrance before the Lord, but the ungodly shall be cut off and forgotten; and their end no man knoweth, save he that is ordained to such condemnation. P.
# Latter Day Saints' Messenger and Advocate/Volume 1/Number 10/Notices

—> To save any improper feelings among the servants of the Lord, we have to say, that want of space and time, have caused us to abridge & condense the letters which come in from the travelling elders, &c. And we take this opportunity of suggesting the propriety of brevity: short letters, containing matters of fact, are what we want, and what the saints need to build them up in righteousness. To worship God in spirit and truth, can be done without much speaking; and facts may be told in few words. P.
—> Brother Pliny Foot, of Norfolk, Litchfield County, Con. now in this place, wishes us to inform Bishop Partridge, through the Messenger, that he is desired to call on him at his residence during his tour to the east. In consequence of Br. Foot's not knowing where he can address a line to meet Bishop Partridge, we admit his request.
# Latter Day Saints' Messenger and Advocate/Volume 1/Number 11

Source document in Mormon Publications: 19th and 20th Centuries online archive: Messenger and Advocate Vol. 1 Note: Some headings and bracketed texts are editorial and not part of the original text.
LATTER DAY SAINTS' :
| MESSENGER AND ADVOCATE |||
| Volume I. No. 11.] | KIRTLAND, OHIO, AUGUST, 1835. | [Whole No. 11. |

## Communications

* GENERAL ASSEMBLY.
* Faith of the Church [No. XV]
* LO, THE DAYS COME, &c.

## Messenger and Advocate

* Letters from the Elders abroad
* TIME.
* PRAYER.
* DOCTRINE AND COVENANTS.
* PERSECUTION.
* Notices
* Hymns
* THE LATTER DAY SAINTS'
* Messenger and Advocate,
* IS EDITED BY
* John Whitmer,
* And published every month at Kirtland, Geauga Co. Ohio, by
* F. G. Williams & Co.
* All $1, per an. in advance. Every person procuring ten new subscribers, and forwarding $10, current money, shall be entitled to a paper and year, gratis.
* All letters to the Editor, or Publishers, must be
* —> POST PAID. <—
* No subscription will be received for a less term than one year, and no paper discontinued till all arrearages are paid, except at the option of the publishers.
# Latter Day Saints' Messenger and Advocate/Volume 1/Number 10/Sacrament hymn

Sacrament Hymn.
TUNE—From Greenland's Icy Mountains.
O God th' eternal Father,
Who dwells amid the sky,
In Jesus' name we ask thee,
To bless and sanctify,
(If we are pure before thee,)
This bread and cup of wine,
That we may all remember,
That off'ring so divine.
That sacred, holy off'ring,
By man least understood,
To have our sins remitted,
And take his flesh and blood.
That we may ever witness,
The suff'rings of thy Son,
And always have his spirit,
To make our hearts as one.
When Jesus, the anointed,
Descended from above,
And gave himself a ransom,
To win our souls with love;
With no apparent beauty,
That men should him desire—
He was the promis'd Savior,
To purify with fire.
How infinite that wisdom,
The plan of holiness,
That made salvation perfect,
And vail'd the Lord in flesh,
To walk upon his footstool,
And be like man, (almost,)
In his exalted station,
And die—or all was lost!
'Twas done—all nature trembled!
Yet, by the power of faith,
He rose as God triumphant,
And broke the bands of death:
And, rising conq'rer, "captive
He led captivity,"
And sat down with the Father
To fill eternity.
He is the true Messiah,
That died and lives again;
We look not for another;
He is the Lamb 'twas slain;
He is the Stone and Shepherd
Of Israel—scatter'd far;
The glorious Branch from Jesse;
The bright and Morning Star.
Again, he is that Prophet,
That Moses said should come,
Being rais'd among his brethren,
To call the righteous home,
And all that will not hear him,
Shall feel his chast'ing rod,
Till wickedness is ended,
As saith the Lord our God.
He comes, he comes in glory,
(The vail has vanish'd too,)
With angels, yea our fathers,
To drink this cup anew—
And sing the songs of Zion,
And shout—'Tis done 'tis done!
While every son and daughter
Rejoices—we are one. P.
# Littell's Living Age/Volume 125/Issue 1613/Lexington, 1775

* LEXINGTON, 1775.
* No maddening thirst of blood had they.
* No battle-joy was theirs who set
* Against the alien bayonet
* Their homespun breasts in that old day.
* Their feet had trodden peaceful ways,
* They loved not strife, they dreaded pain,
* They saw not, what to us is plain,
* That God would make man's wrath his praise.
* No seers were they, but simple men:
* Its vast results' the future hid;
* The meaning of the work they did
* Was strange and dark and doubtful then.
* Swift as the summons came they left
* The plough mid-furrow standing still,
* The half-ground corn-grist in the mill,
* The spade in earth, the axe in cleft.
* They went where duty seemed to call;
* They scarcely asked the reason why:
* They only knew they could but die,
* And death was not the worst of all.
* Of man for man the sacrifice.
* Unstained by blood, save theirs, they gave.
* The flowers that blossomed from their grave
* Have sown, themselves beneath all skies.
* Their death-shot shook the feudal tower,
* And shattered slavery's chain as well:
* On the sky's dome, as on a bell,
* Its echo struck the world's great hour.
* That fatal echo is not dumb:
* The nations, listening to its sound,
* "Wait, from a century's vantage-ground,
* The holier triumphs yet to come, —
* The bridal-time of Law and Love,
* The gladness of the world's release,
* "When, war-sick, at the feet of Peace
* The hawk shall nestle with the dove, —
* The golden age of brotherhood,
* Unknown to other rivalries
* Than of the mild humanities,
* And gracious interchange of good.
* When closer strand shall lean to strand,
* Till meet, beneath saluting flags,
* The eagle of our mountain-crags,
* The lion of our mother-land.
* John G. Whittier