TIP#151 - SLAVERY So much of the history of Kentucky is wrapped around the subject of slavery. This tragic time in the history of not only the Commonwealth of Kentucky, but that of the United States, can be a confusing issue in attempting to understand how the laws worked. The following is taken from the 1822 Acts of the Legislature of the State of Kentucky, Chapter CLXXIV, enacted 8 February 1798. Section 1: No persons shall henceforth be slaves within this Commonwealth except such as were so on the 17th day of October, 1785, and the descendants of the females of them. This appears to indicate that if an individual was already a slave in 1798, they were to remain slaves and that any descendants of these slaves would be considered slaves … but, an individual not meeting these "qualifications" would be placed into slavery. Section 2: No Negro or Mulatto could be a witness except in pleas of the Commonwealth against Negroes or Mulattoes. This is why you will find in the court cases of the early days of statehood, a slave was never called as a witness unless the case was against one of like color. Section 3: No slave could leave the home of his master or any individual with whom he lived without having a pass to do so. This could be a letter or token from his owner that he had the authority to be away from home. The slave had to carry this letter with him at all times when away from the home. Section 4: Any slave who violated this provision was to be whipped by having 10 lashes across the bare back. Section 5: Slaves were never allowed to carry arms - this included Negro, Mulatto or Indians. They could not be found with a gun, powder, shot, club or any sort of weapon. If anything was found, it would be confiscated and he was whipped with up to 39 lashes. Section 6: There were exceptions to this rule. If a Negro, Mulatto of Indian was a free man and a housekeeper, the law did not apply - he was allowed to keep enough to protect his home and family. Section 7: Riots, unlawful assemblies, trespasses and seditious speeches were not allowed, and they would be punished by a whipping. Section 8: No person was allowed to permit the slave of others to remain on his plantation for more than 4 hours at a time without the permission of the owner. If the time limit was abused, the slave owner was charged $2.00 an hour for every over above the 4-hour limit. If there was more than 5 Negroes or slaves remaining on the property, there was a charge of 5 shillings each which was paid to the informer. Section 9: This was a proviso that noted that there was nothing to prohibit the Negroes or Slaves of one or the same owner, even though "seated" at different quarters, from meeting with their owners permission at a public mill or to attend church. Section 10: If a white person, free Negro, Mulatto or Indian was found in the company with slaves at an unlawful meeting, or shall harbor or entertain another slave without the consent of their owner, they had to pay 15 shillings for every offense and receive 20 lashes. Section 11: Justices of the peace who learned of unlawful meetings had 10 days to issue a warrant for the person or persons illegally assembled or he had to pay a fine of 50 shillings for the failure. Section 12: No person could buy, sell or receive of, to or from any slave any coin of commodity without the permission of the owner. If they did, the offender was to pay 4 times the value of the transaction, and could be taken to prison. Section 13: If any Negro, Mulatto or Indian, bond or free, lifted his hand in opposition to any person not a Negro, Mulatto or Indian, he was to receive 30 lashes. Section 14: It was noted that many slave owners, in consideration of stipulated wages to be paid by such slaves, had licensed them to go at large to trade as freemen, thus this section dealt with the prevention of this practice. After the enactment of the above law, if the owner issued license for a slave to go away and trade as a free man, the owner paid 10 pounds penalty. Section 18: If a death penalty had been passed against an offender, there was 30 days between the time of passing judgment and the execution day unless it was a conspiracy, insurrection or rebellion. Section 20: A slave found giving false evidence in a trial "not being Christians" was denied further trial and received no more than 39 lashes. Section 24: It was the duty of the court of quarter sessions to determine the death penalty and the slave had to be 'valued' before the hanging. Section 25: No slave could be imported into Kentucky from any foreign country under the penalty of $300. Section 27: Slaves could be emancipated by the will of the owner (with the proper witnesses), by order of the owner because of the slave's age or health. The slave was given a certificate of emancipation which he carried with him and was treated equally with those born free. Section 28: Slaves were considered on the same level as real estate and could be left in a will according to the "law of descents." Section 31: No person selling a slave other than by gift, marriage settlement, deed of trust or mortgage, was obliged to cause the sale or alienation to be recorded. Section 34: When a slave or slaves were conveyed or bequeathed to a feme covert (wife), the right and property and interest in the slave or slaves was vested in their husbands. If bequeathed to a feme sole (single girl), it was vested to her and then to her husband if she married. Section 35: An infant above the age of 18 years, could in his or her will, dispose of slaves they were possessed of. Section 39: Dealt with the wife's dower in the estate of her deceased husband. Section 40: When one or more slaves descend from a person dying intestate and an equal division could not be made, it was legal for the court of chancery to direct the sale of the salves with themonies receive to be distributed to the heirs. There were a few additions, deletions and corrections made to the above laws - one law passed on 26 November 1801 stated that any slave brought into Kentucky for merchandize, or which passed through the state by land or water, headed for the Spanish dominions or the Mississippi Territory, or to any other state of country who committed felony, would be tried and executed as if they were residents of Kentucky. 16 December 1802 stated that any person, either the owner or hirer of a slave, who permitted his slave to go at large and hire out for himself faced a penalty of 10 pounds per offence. 22 December 1802 stated that only free persons were to be confined in a penitentiary. If a slave was convicted of murder, arson, rape of a white woman, robbery or burglary … they were to be put to death. Other offenses resulted in a public shipping up to 39 stripes. 8 February 1815 added many other regulations including that people bringing into the State had to make oath that they were not brought in with the intent of selling them. 10 February 1819 added that a slave who shot at or wounded a white person with the intent of killing same was to be charged with felony and put to death. Lastly, the State referred back to the 1785 Virginia law in defining colors: If a persons grandfather or grandmother was a Negro, although the rest of the ancestors were white, shall be deemed a Mulatto. Also any person to had 1/4th part or more of Negro blood was considered a Mulatto. © Copyright 21 May 1998, Sandra K. Gorin, All Rights Reserved. sgorin@glasgow-ky.com Sandi Gorin - 205 Clements Ave., Glasgow, KY 42141-3409 (502)651-9114 or sgorin@glasgow-ky.com - Kentucky Colonel PUBLISHING: http://members.tripod.com/~GorinS/index.html KYRESEARCH: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Tips KYBIOS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Bios BARREN CO OBITUARIES: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/BarrenObits