The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
It shall be lawful for any person by his or her last will and
testament, or by any other instrument in writing, under his or
her hand and seal, attested and proved in the county court by
two witnesses, or acknowledged by the party in the court of the
county where he or she resides, to emancipate or set free his or
her slave or slaves: who shall thereupon be entirely and fully
discharged from the performance of any contract entered into
during servitude, and enjoy as full freedom as if they had been
born free. And the said court shall have full power to demand
bond and sufficient security of the emancipator, his or her
executors or administrators, as the case may be, for the
maintenance of any slave or slaves that may be aged or infirm,
either of body or mind, to prevent their becoming chargeable to
the county. And every slave so emancipated shall have a
certificate of freedom from the clerk of such court on parchment
with the county seal affixed thereto, for which the clerk shall
charge the emancipator five shillings; saving, however, the
rights of creditors and every person or persons, bodies politic
and corporate, except the heirs or legal representatives of the
person so emancipating their slaves.[340]
This law remained throughout the slavery period in Kentucky and the
only changes which were ever made in it were in the minor details to
untangle some legal ambiguities. The law of 1823, however, is
important in showing the discrepancies of the original provisions. By
this amendment it was enacted that when the county courts received
proof or acknowledgment of a deed of emancipation, or of a will
emancipating slaves, they were to note on their record a description
of any such slaves. The certificate of freedom which was given to the
Negro was also to contain this description and no other certificate
was to be issued except on the presentation of proof that the first
one had been lost or when such was required for use as evidence in
some suit. If any slave thus liberated was found to have presented his
certificate to another still held in bondage with a design of freeing
him, the emancipated slave was to suffer severe penalties.[341] These
added provisions apparently came to fill all the gaps in the previous
law and no further amendments of importance were needed to make the
laws of emancipation run smoothly.
Public-domain text, read in full here on John Shaqi.
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