The first law passed by Alabama concerning the importation of slaves was for the purpose of carrying into effect the laws of the United States prohibiting the slave trade. This was enacted in 1823 and provided that slaves imported should be employed on public works or sold for the State.[371]
But on January 13, 1827, it was enacted that "if any person or persons, shall bring into this State any slave or slaves, for the purpose of sale or hire, or shall sell or hire, any slave or slaves brought into this State after the first day of August next, such person or persons shall forfeit and pay the sum of $1,000 for each negro so brought in, one-half thereof to the person suing for the same and the other half to the use of the State. And, moreover, any person thus offending shall be subject to indictment, and on conviction shall be liable to be fined a sum not exceeding five hundred dollars for each offense and shall be imprisoned not exceeding three months, at the discretion of the jury trying such offense."
Citizens of the State, however, were allowed to purchase negroes for their own use but could not sell them until two years after being brought into the State.[372] This law was repealed in 1829.[373]
Another prohibitive law was passed January 16, 1832. But immigrants were allowed to bring their own slaves with them and citizens of the State could import slaves for their own use, when these introduced slaves returns were to be made upon oath to the county courts within thirty days, describing them, and declaring that they were not introduced for the purpose of sale or hire. Citizens of Alabama could import slaves which might have become theirs by inheritance or marriage. The provisions of the law did not apply to travellers, nor to citizens temporarily removed from the State.[374] This was repealed December 4, 1832,[375] and no other prohibitive law was enacted.
KENTUCKY.
The laws passed by Virginia concerning importation of slaves prior to 1790 were in force in Kentucky until 1798.[376] This year an act reducing into one several acts, concerning slaves, free negroes, mulattoes and Indians was passed. No slaves could be imported into Kentucky who were introduced into the United States from foreign countries, except by immigrants who did not violate this provision. Citizens could do the same. But no slaves might be imported as merchandise.[377] An act amending this was approved February 8, 1815. No one was allowed to bring slaves into Kentucky except those intending to settle in the State, and they were required to take the following oath:
"I, A.B., do swear (or affirm) that my removal to the State of Kentucky, was with an intention to become a citizen thereof, and that I have brought with me no slave or slaves, and will bring no slave or slaves to this State with the intention of selling them."[378]
In 1833 it was enacted "That each and every person who shall hereafter import into this State any slave or slaves, or who shall sell or buy, or contract for the sale, or purchase, for a longer term than one year, of the service of any such slave or slaves, knowing the same to have been imported as aforesaid, he, she, or they, so offending, shall forfeit $600 for each slave so imported, sold or bought or whose service has been so contracted for."[379]
It was not to apply to immigrants provided they took the required oath; nor to citizens of Kentucky who derived their "title by will, descent, distribution, marriage, gift, or in consideration of marriage;" nor to travellers who could prove to the satisfaction of a jury that the slaves were for necessary attendance.[380]