Sunday, August 4, 2013

Kentucky Defiance to the Emancipation Proclamation

An Act to prevent certain negroes and mulattoes from migrating to or remaining in this State.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That it shall not be lawful for any negro or mulatto claiming or pretending to be free, under or by virtue of the Proclamation of the President of the United States, dated 1st January, 1863, declaring free slaves in certain States or parts of States, or any similar proclamation, by order of the Government of the United States, or any officer of agent thereof, to migrate to or remain in this State.

2. Any negro or mulatto who shall violate the provisions of this act shall be arrested, dealt with, and disposed of as runaways, and the proceedings shall conform to the laws in existence, at the time they are had in relation to runaway slaves.

3. The purchaser of any such negro or mulatto sold under and by virtue of such proceedings shall, by virtue of such purchase, acquire and have the same right to, the same property in, and control over such negro or mulatto as masters have over their slaves under existing laws, subject to the provisions in relation to slaves sold as runaways, and shall in all respects be by the law in relation to master and slave.

4. The purchase money for such negro or mulatto shall not be paid into the public treasury until the right of redemption shall have expired or been finally determined by adjudication, in case the same be put in litigation, as provided in relation to slaves sold as runaways, and the court shall have power to loan the same, in the meantime taking bond and security for the same.

5. It shall be the duty of all peace officers to see that the provisions of this act are enforced.

6. This act will take effect from its passage.

Approved March 2, 1863.

From: Acts of the General Assembly of Kentucky; 1861, 1862, 1863

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