The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-07


tury. This is the sort Of man we understand
Gen. Gushing to be; and, whether finally APP
pointed Premier or not. this brief sketch of his
public career may be useful to all those politi-
clans ignorant of the peculiar qualifications
upon which his friends are SO sanguine Of his
assured success.
Abstaining for the present. from the discus
sion Of any other probable cabinet appointment.
we submit the latest Secretary OF State to
the various factions Of the democracy. Not
having been violently identified with any Of
them, he ought. perhaps. to be satisfactory to
all. Why not? The old Bourbons. we know
will shrug their shoulders but what have
they to say? Let them speak out now, or for
ever hereafter hold their peace" There is no
time to be lost.
BROADWAY RAILROAD NEUTRALITY-SUSPICIOUS.
MENT AGAINST THE COMMON CouNCm~-We fur
nish our readers, this morning, with an unusual
quantity Of law intelligence upon the interest
ing subject of the Broadway Railroad.
First is the argument Of that distinguished
lawyer and jurist. ex-Chiet Justice Bronson, on
the motion for an attachment against the AL
dermen for contempt in disobeying the injunc-
ton of the Superior Court. It is highly inte-
resting, and we commend it to the perusal of the
Aldermen They have no friends. just now,
poor fellows.
Second, is the decision of the general term Of
the Superior Court, delivered by Judge Duer,
upon the motion, and deciding that each of the
Aldermen who voted in favor of the Broadway
Railroad grant violated the injunction and must
be punished for contempt of court. By this
decision, very important question of law
seems to be disposed Of 1t appears that
our Common Council have no more right to
spend the peoples money and property than
the directors of bank or insurance company
have to inappropriate the property Of their
stockholders. And, although the courts will
not interfere to control the legislative discretion
of our Common Council, yet they pretend to the
right, and will interfere by injunction. to res
train the illegal exercise of that discretion, 1t
also appears that our Common Council, in the
exercise of their legal powers, are not above
the law. but, on the contrary, are amenable and
subject to it.
Third, is the opinion of Judge Bosworth on
the same motion. deciding that if the Common
Council have the right to establish this rail-
road, yet it is a palpable violation of duty to-
wards the public to grant the permission to any
body Of men to establish it, and charge five
cents fare. when responsible men have offered
to do it, and charge only three cents fare; or to
permit any body of men to run cars thereon,
, coo IF doll
mum for each when others offer to pay $1,000
license fee for each car; and that it is the duty
Of the Court to interfere by injunction. and pre-
vent the consummation of an act so highly in
furious to tax payers and the public generally
These decisions are very ably written, and de-.
termine questions of vital Importance to every
tax payer and citizen. By them, one very inn
portant fact is settled, namely, that On alder
man is no greater man than any body else; and,
although he may sit at the aldermanic table.
and have the run of the corporation tea-room.
yet he is just as much subject to the laws of the
land. and as amenable to judicial authority. as
any other citizen; and when they are snugly
lodged in Eldridge street Jail to expiate their
offence in contemning the order Of the Court,
they will have time for sober reflection, and. at
the expiration Of their term Of sentence. will
come among us no doubt wiser and better
men. Who would be an Alderman after this ?
What is the tea room to them now?
The granting of the injunction having elicit
cd from certain members of the Common Coun-
Gil great deal of comment upon Judge Camp
bell. who issued it, we may here state that that
gentleman was. for many years. q practising
lawyer at the bar of this city-was Master in
Chancery, and subsequently member Of Con-
gress from our upper wards. Many were,
therefore, disposed to think, at the time
dermen were rash and ill-advised in treating
his order so lightly. But as everybody appears
to be down upon the poor Aldermen, we have
a notion to take up the cudgels in their be-
half Somebody must do something for them
In the face of all this law, the chances APP
pear to be more in favor of the completion of
the Pacific than the Broadway Railroad. But
apropos: why don't the railroad people get out
an injunction against the Legislature? 1t is
their turn now. Stop the philosophers in Alba
ny from voting on the railroad law. What is
sauce, &c.
THE DEMOCRATIC REVIEW AND THE WASH
INGToN UNIoN.--We make room, this morning.
on the broad principle of fair play all round,
for three articles on the troubles of the harmo-
NOUS democracy, concerning the flibustering
doctrines of the Democratic Reuie,c The first
is the merciless reply Of the old Washington
Union to the recent excoration given it by
the Retisw; the second is the commentary
upon both by the Washington Republic; and
the third is the letter Of Mr.. George N. Sanders,
n response to the attack of the Washington
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