New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-03
REFLEeTIvR LEGIsaArION.

That pleasant gem of the sea-" Staten Islend,
which il all embraced in the Couuty of Richmond
il, if our memory serves US, soms twenty miles ia
length and eight in breadth. Its population num-
bers about 20, 600, among whom, we have no doubt
are many quiet, rural persons not given TO eEsOn,
many respectable and harmless persons not given
to burglary, many women and children not at su Of
riOtous and violent disposition, and not q few
who all their lives long have spent their nights in
their innocent beds, without thought Of the de-
s,ructon Of property either public or private. la
short the population of Staten Island is, we have
every reason to believe, average population,
differing in no respect whatever from that Of any
other county of the State, having about an equal
proportion of good bad, and Indifferent people, per-
bsps with large preponderance of the latter
IL il an axiom of the law that the bad should
always be punished for their evil deeds. 1t is also
an axiom of the law that they should not be pun
ished by az post faeto laws. There is also another
legal axom-or if there is not there ought TO be-
that tbs innocent should not be punished for the
guilty. We wish to make an application Of these
principles TO the case Of our good, bad, and indif
ferent neighbors Of Staten Island.
1t is not forgotten that about year and q half
ago the Quarantine Hospitals in that county were
burned down. Whether the act was one Of .
ruthless and savage mob, or whether those who
committed it can properly plead in its justification
any danger TO their own lives, or any proyocation
in the outraged laws enacted for their protection
from pestllence, is question that need not now be
n. 4 tIoNsk - r. Il.
struction was committed, and of course it was
either justi6abe or not If it was justifabe, then
no penal responsibility exists for ii anywhere Ii
it was not justifable then the responsible party
must take the consequences. 1t is case for which
the laws had already and most amply provided. BY
the act of 1855 the county where such destruction
of public property occurs is held accountable. The
actual perpetrators may be severely punished if
they arc known aud can be caught; and the
county which wss 10 unfortunate ~ to have such
persons among its citizens can be made 10 pay the
damages. Whether the outrage as charged was
penalty, are questions TO be- settled by the proper
tribunal, which legislation has already thus pro-
vided. And here, it may be thought, this Qaarsn-
tine question rests. Whatever wrong against pub
lie property has been perpetrated there, Richmond
County is amenabls to the law. Under the statute
it has the privilege of making ts Defense if it has
any; aud if il has not, it has only to render a
cheerful submission to the award against it, even
hough the innocent shall suffer for the misdeeds OF
he guilty.
But some Of our legislators at Albany, it seems,
are not disposed thus to leave the event TO the legal
arbitrsment already provided The State, the
principal plaintiff in this case, proposes alss to be
tbe Judge and 10 choose the jury. by aa cr post
aot0 law, it is proposed to decide, first, that Rich
mood County has committed an outrage foe which
1t . justly Punisheblei stcond 10 sppoint jury VI