tation and emancipation of slaves but it was largely a mere
modification of the law of the State of Virginia. It was not until the
adoption of the slave code of 1798 that the question was firmly
settled by a more definite statement. By article 25 of that act it was
provided "that no slave or slaves shall be imported into this state
from any foreign country, nor shall any slave who has been imported
into the United States from any foreign country since the first day of
January, 1789, or may hereafter be imported into the United States
from any foreign country under the penalty of $300."
This was merely carrying out the provisions of the constitution.
Section 26 provided that "no slave or slaves shall be imported into
this state as merchandise, and any person offending herein, shall
forfeit and pay the sum of $300 for each slave so imported, to be
recovered by action of debt or information, in any court having
cognizance of the same, one half to the prosecutor, the other half to
the use of the commonwealth." More significant was the proviso that
"this act shall not extend to prevent any citizen of this state
bringing for his own use, provided, they have not been brought into
the United States from any foreign country since January 1, 1789; nor
shall it be construed to prevent persons emigrating to this state
bringing their slaves with them, but either a citizen of this state or
persons emigrating to this state may bring slaves not prohibited by
this act."[309]
An act of 1814 amended the above by prohibiting the importation of
slaves by any of the emigrants if they did not intend to settle in
Kentucky.[310] An attempt was made by a law of February 8, 1815, to
remedy some of the defects which had been found. The legal penalty for
importation was increased to $600 for each slave imported and a fine
of $200 was added for every person buying or selling such slave. No
indictment was to be subject to a shorter limitation than five years
and once so accused no person was to be discharged or acquitted unless
he could produce evidence to show that within sixty days of his
arrival in Kentucky he had deposited the following oath, duly signed,
in the county clerk's office where he resides: "I, ...., do swear that
my removal to the state of Kentucky was with the intention of
becoming a citizen thereof, and that I have brought no slave or
slaves to this state, with the intention of selling them."[311]
It is evident from all contem
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