The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-01-03

"uN'S0 A@o"S SA CnS uS1C1VS SlaVe Law
The following extract flom the late speech o
Hon. T. o. Howe, of Green Bay, on the Fugi
tive Slave Law, EXHIBITS the ridiculous absurdi
~ of that enactment, in single aspect of tn,
case.
NO FUGITIVE HORSE LAW.
The State # Virginia, it is SAID, raises SOM
very fine negroes She raises. l know. SOM
very fine blooded horses. The best of her ne
! groes are not worth, | suppose, more than tw,
| thousand dollars each The best of her horses
| suppose, are worth not less than five thousant
| dollars. Both are liable to escape and get int
Pennsylvania. The legal title is not DESTROYED
by the escape of either. In the case of the hors
it is preserved by the common Law which exists
| in Pennsylvania as well as Virginia, and which
everywhere recognises the horse to be the le
| Ultimate subject of ownership. In the case O
| the negro the title is preserved by the Consti
| tuition. To recover the horse the government
of the United States provides no remedy what
ever. To recover the negro it provides mos
| extraordinary remedies we shall see TX
recover his horse the Virgil ian goes into Penn
| sylvania, and if he finds his horse at laage, he
puts the bride on and leads him home. I
found in the possession of another who refuse,
to relinquish him, he appeals to some of the reg
ular Courts within the State of Pennsylvan;;
| to determine his right to him.
| Io recover his negro, the law provides for ere
| atng an unlimited number of SPECIAL tribuna Is
| called " commissioner" with or without learn
ing, with or without responsibility, with OF
without character; to each of them is given au
| thority to determine the claimants right tothe
negro. To recover the horse, he sues out a
writ OF replevin from the court; TO recover his
negro, he obtains a warrant from the commits
m writ far =
the hands of a sworn officer of the court to be
executed. The warrant for the negro may be
| placed in the hands of a sworn marshal or hi
| deputy or it may be placed in the hands of any
unsworn, irresponsible man who may be named
| by any irres ponsible commissioner to execute
it. If the officer neglect to use " due diligence
| to take the horse, he is liable to the owner fol
the damage he sustains by reason of such neg
lect; but whether he uses diligence or not must
be first determined by regular sui, land before
a jury. If the officer fail - to use all proper
means to diligently execute" Che warrant, he is
fined one thousand dollars for the use Of the
| claimant, whether he owns the negro or not, OF
whether he sustain any damage or not; and
whether he does use proper means or not, is
determined not by Jury, but by the Circuit 0,
District Court not by a suit, hut simply on the
motion" ofthe claimant Ii the horse escape
from the oiber acith his consent, the officer is
liable to the owner for the cost of retaking him
| Ii the negro escape from the officer with OIL
without his assent, he must pay his full value
to the claimant, and then The claimant may
place his warrant in the hands Of another Off
Ger and retake the negro
The title to the horse must be establisbed
either by the testimony of witnesses sworn in
open court, or by deposition taken upon notice
TO the opposite party, or other competent evl-
dence. The title to the negro may be estab-
lished by ex parte testimonY-or by mere aft
davit-not one syllable or line of which could
be read IN Evidence in any court to prove the
title to an Old kettle The judge who presides
at the trial OF the horse, receives a fixed COM
pensation, neither greater nor lesss, whether
the plaintiff recover the horse or lose him. The
commissioner who presdes at the rattle for the
negro, receives no compensation exc ept from
the claimant, and from him he receives ten dol
lars II ne decides against the negro, and only
i've IT he decide in favor of the negro If the
horse be vicious and refuse to be captured, no
man is obliged to help the sheriff. If the negro
be obstinate and refuse TO be enslaved the whole
country is commanded to help the marshal, II
the plaintiff recover judgment for the horse, he
must take him back to Virginia at his own risk
and at his own cost. If the claimant get a COM
mlssionef's certificate for the negro and will
make an affidavit, or procure one to be made, by
any vagabond however worthless, that the Aft
ant has reason to suppose that such fugitive
will be rescued bv force from his or her posses
sion before he can be taken beyond tho limits OF
Pennsylvania, she marshalis commanded to EN-
ploy as many persons as he thinks proper and
to deliver tn negro to his claimant in Virginia
ana the cost of that delivery is to be paid out
OF the treasury Of the United States, with your
money and mine.