New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-03-02

county mless corrected by Legislative action, and it
not the province Of the Executive to interrupt
such action. The bill should pass at once.
Mr. Lapham advocated the bill in a brief speech,
taking the ground that no general law would the
ca,ethat the Senate understood perfectly what 1t was
doing when 1t pnfsed the bill The bill was right and
the Senate should at vindcae its dignity and not
permit the Governor 10 act in the double capacity Of
Executive and legislator at the same time.
Mr. Sessions said we had Away supposed the Leg
isIature ~ be sovereign. When law Is deemed un.
constitntonskby the Governor he shOnld veto H. If
Il had been passed through fraud he ahoud veto it. If
subject 70 the charge Of basty and nconsdere legis
lstiun, he might veto it. But when the Governor
lranscended these landmarks, veto became usurpa-
tom and be, 'or one, would not sit In silence and
submit to veoes on questions Of expedicncy alone.
IL clearly evident that state OF tn ngs existed in
Oneida County Enthusiastically demanding the passage
of this law This was plainly manifest to the con-
science and judgment Of every Senator within the
circle. Were the people to be told by the Executive
that no such act was necessary In bis judgment, be
no, justified in such course either by The letter
spirit OF the Constitution. IL was PaPabe usurpa-
ton ard spacked Of the days Of Charles and James
ii. The Governor had not shown, nor attempted 10
show, that the Constitution had been violated in the
passage Of this b that il was the result OF hasty
legislation or fraud. We're such the case, he would
sustain the veto. But, on mere question OF expe-
cheney tho Governor had no right 10 set up his VIII
against the deliberate action Of the Legislature aud
thus attempt to circumscribe s functions That au-
thority bad never been delegated TO the Executive
lie hoped the bill would pas.
The ques'ion was then put, Shall this bin become
hw, notwithstanding the objections Of the Governor
with the following result:
hEAS-Msssr. Abeii BELL Blood Colvin, Connolly, Fery
Lsphsm, Lawrence M.ui.e, Montgomery Monroe Pro..er
RamssS RehTSnd Robertson Roeh, Sessions spiuOs Tru
NAYs-Mesars. 10ss, McGraw, p. P. Murphy
A RAILROAD IN BROADWAY.
Mr. Pierce Of Ulster County, at the session of last
evening" introduced bill to authorize the construction
81
sharp debate as to what Committee the bill should be
referred to. Mr. Fish moved its refer TO the Com
mtee Railroads; Mr.. Webster moved that 1t 20 to
the Committee Cities ard Villages, while Mr. Walsh
desired TO send il to Select Committee, composed Of
the New-York delegation. After an animated debate
in which some feeling was eyDced, and in which IT
@as strongly urged on the one side that the Railroad
Committee was the proper one 10 CONSIDER the sloSc
Of proposed railroad, and, on the other that the
Commit zee ON TIE Incorporation Of Cities and Villages
by usage and propriey was the most ttiog Committee
20 consider the question Of all city railroads, Mr..
Webster's amendment was voted down, Al Yeas to ID
Nays after which the bill was referred to the Railroad
Committee, % TO %.
The bill authorizes the construction Of railroad in
Broadway, from South Ferry 70 Fifty-nnth street.
The corpora,ors named in the act Messrs Clinton
Giltert, Henry A. Hnrlbut, and Henry Van Setback,
and provision ia made for the formation OF company
with thirteen Directors. The II differs in many i'm
portant particulars from Others which have been, from
time 70 time introduced into the Legislature and
enacted into laws, For instance; II provides Tor the
purchase q. a fair valuation, OF the stage lines land
property pertaining thereto running through Broad
way the withdrawal Of the omnibnses Of such lines
from Broadway, and their continuance on the cross
street, and side streets at three cents fare L. also pro-
vides for compensation 10 the city for the franchise
the amount Of such compensation 10 be agreed upon
between the Company and the Commonalty OF the
city; and in case these parties may not agree the
amount Of compensation then commits ioners OF APP
praisal are TO be appointed by the Supreme Court,
whose decision shall be- final Provision Is made i'll
like manner for the payment Of damsge to individual
along The line Of the proposed road.
CAPITAL PUNISHMENT ALBANY.
Those who have listened 70 the debate in Assem-
bly, ON the Death Penalty this Winter, are struck with
the strength Of argument developed by the opponents
Of the galows-and not ess BY the evident progress
Of puhc sentiment in the right direction majority
Of the seJus, thinking Of the house evidently
opposed TO the gaows. But whether there is sufficient
force to push Mr.. Angels bill through the Assembly
and Senate, is ye, 70 lie tried.
mony of The authorities Of Michigan Wisconsin, and
Rhode leland, that the experiment has been entirely
successful in those States-nearly twenty years in
Michigan. Another fact has been brought out Quite
q large number VI persons in our State prisons
under conviction for murder Ia the first Degree and IL
stated by the officers Of the prisons that they the
best behaved persons under their charge-and In
several q intelligent examination Of the
evidence adduced Oh their trials has created very
serious doubts OF their guilt.
From our information, we believe the Legislature
will a. least retain the present law, with slight
but perhaps, necessary, amendments. The people
demand il. Moderate opponents say il is 10 more than
right to give the experiment fur trial.