The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-08-11
From the Louisville couTier.i
ra~ ,ss

81
The Law Of IS.
As the law Of 1888, prohibiting the importation
of slaves into this State. except by ernigrants O
persons claiming BY will, desoB1. OF marriage,
frequently referred 10 in connection with the &C
Of '49, called modification Of the law OF '39
propose 10 give the substance Of these two acts
BY which think it will be apparent that, by the LAT
ter. the former instead of being protected, s virtu
ally repealed, and that as long As the law of a.
"a permitted TO continue in full, we shall be In
worse condition than II there were no siatutes up
on the subject.
The fist section of the act Of 80, provides tina
each and every person or persons, who shall here
after import into this State any slave or slaves O.
who shall buy OF contract fot longer term thar
one year of the service of said slave or slaves
knowing the same to have been imported as afore
said, he, she, or they, so offending shall forfeit
and Psy ak hundred dollars for each save 90 i'm
ported or bought, or whose services has been az
contracted for Greco cradle by indictment. !" ant
with proviso, allowing emgrants TO bring thei
slaves with them TO this State, such emigrant be-
ing required TO make, and have an AFFIDAVIT thai
his or her removal TO the State was with the inien
ton OF becoming citizen thereof, aud that he OF
she has brought no slave or slaves into the Stats
with the intention of selling them, recorded with
~ .huiy days The second section eIcepts resi-
dents rom the penalties of the act, who import
slaves under will, descent, or marriage and Nh,
Other provisions relste to the duties OF the Com
nonN cath Attorney, and the manner Of enforcins
the penalties Of the act
The first section of the act OF '49 provides. thai
The citizens of this Commonwealth are hereby
not prohibited from purchasing and bringing into
This State, any slave or slaves from any otbel
State in the United States for his her. or their owu
use, provided thatthe person or persons, so bring
ing iniO this State any such slave or slaves shall
wihln Tony days after so purchasing and bringing
the same, make oath or affirmation before the
Clerk OF The county in which such slave OF slaves
brought, that the said slave or slaves were pur
chased and brought into this STATE for his her n,
tner own proper use alone, and that said slave OF
slaves were not brought for speculation 10 be
20 d again Tor pToht, or as merchandise, which
affidavit is required 10 be recorded within forty
dSys.
Section 2 prohibits the importer of such slaves
from settling the same in this State for the Term
Of 6yeaTs nsxt, after the importation, under the
penalties denounced by the law of 80, and ali
persons purchasing within IS months, snv of such
slaves, with knowledge oil theiF being imported
as aforesaid, are liable TO penalty OF s2U. And
by the fourth section, all Sherifs and Other off.
"
ing upon, OF selling any of such slaves, BY virtue
Of execution within the time OF Is mouths against
The imported, provided he has any real or personal
estate IN the county, subject 10 execution which
with due diligence can be found by the oificeT'
and seetioa prescrlbes the punishment for taxi
ing false oath.
Section 6: Be il further enacted. thai 40 mncb
Of said act, approved February 2, 1888, as comes
within the pusview OF this act be, and the same
Is hereby repealed.
Il IsneIt apparent that the whole substance of
he law OF 80 il broI ght directly within the pur-
view and repeating clause OF the law OF '49 Un-
Ter the fr,t, no citizen can buy in another snd
bring into This State single slave, whilst uadrI
he last any citizen may buy aud bring here as
many as he wants. Yet we are told this last act
s protection 10, and renders more sfieien, the
list This proposition | think, will be found
somewhat difficult 10 establish 10 the satisfaction
II the people OF Kentucky, or the city Of Louis
nile. Men who take a common sease view OF
utiscts, will not easily comprehend the process
Il reasoning By which some attempt % prove thar
law which prohibits the citizens fiom bringing
my slaves into the State is shielded tnd enforced
y a subse 3uent law, authorizing all the citizens
0 buy and bring in as manNas they want.
Suppose persons engaged in m king brick, man.
featuring tobacco, or carrying on large iounde-
lee. in or near Louisville, have money on hand
Which they wish to invest In the purchase OF slaves
Virginia or Maryland, under the belief that Their
abOT could be prof ably employ ed in either or an
hese pursuits, no such slaves could be brought
o this State under the act Of '33. Yet, under the
CT OF '49 the brck-mskef, the foundVman, TO-
acco manufacturer, farmer, or any one else, can
IMPORT all the slaves which they may be willing
D swear they intend for their own use.
Whether negro buyer or a slave merchant is
authorised 10 bring 70 hentncky 100 slaves and sci
hem out TO ten different individuals, Of be prohibit
ad from dealing in them as meTchar disc in this
node, but permitted 10 send or 60 for thCr own
laves in each particular case, can produce en-
IDLE change az 10 the number of slaves annually
imported. II the slave merchant is not sulhon.
q 10 import slaves in large numbers, and sell
hem out unfortunately To thoae who may want
hem, he may act under the law as 4 special ageGt
lr one, or any number OF persons, and Ia this
node bring IN as many sll mis- principals desire
The Kentucky slave market will De increased
{ diminished, not according 10 the manner in
Which slaves shall be imported, but by the indiyd-
al wants throughout the State. The wants of the
itEsus Individually, therefore must in the afgre
ate, constitute and regulate the great S,sie de-
llnd. And this demand, whether supplied by
be merchant dealing in slaves as a regular bust
ess, or by the citizen in person, or BY his agent,
aust obey the laws OF commerce and continue
the same.
The planters of Mississippi, for example, re-
uire given amoant Of baeIope and bsgsing an
uaiy, 10 secure and prepare their crops of cot
are of mat State should pIohibit the importation
nd sale of begging snd rope Us merchandise; al
owing every planter, however, 10 buy and bring
n much Of these articles as he wanted, wo Id
he annual demand b. materially altersdf Ger.
sinly not. F.s.,ris near hatcher, VicksbuFg
nd othe, tuaI-, instead Of buying Of the regular
aEging and rope merchant al these places, would
end OF bTing their orders TO Kentucky, and have
hem filed here. But the quantity OF aggregate
mount OF these articles annually required, would
continue about the same.
ll is said that the law Of '33 was evaded. Ad.
nil il. Will not ell who are dishonest enough 10
wade this law, be a. mnch inclined IL practice
rauds under the provisions OF the Act OF '49, il
here be any necessity 10 DO so, in order 10 impou
a such slaves from abroad as may be desiredl-
here car, IN fact, comparatively speaking, be but
tile necessity for acting ffauduently as TO the
lumber OF slaves that may be imported under the
Ct But think itexceedingy probable that there
viii be- some whipping the deyil around the
lump" in the way OF playing slave merchant,
ndeT the pretext Of special agencies for psrticu-
individuals. II may be said that this would not
e honest. Are we not told that the law Of '33
vas evaded, and are We TO expect better things un
er the act OF AT
ablt of going 10 Maryland and Virginia, and buy.
ne negrots aud bringing them 10 Kentucky. and
elling Them here, subsequent TO the Act Of '33,
With imp1niiy, because, as is alleged, there being
n aversion 10 the Act, but few persons could be
Wiling 10 inform against the negro-buyer, and
moreover, the witnesses of whom the purchases
Tere made in other States not being within the
each of the process Of the courts of Kentucky,
he indictments could rarely, IL evei, be sustained
Dc want of preof Are not all these difficulties
resented in full force, 10 successful prosecu-
an