In the year 1834, the latest plaintiff try good negro slave belonging to Dr

Lizzie concerns 7 yrs . old, and you can was born in the condition of Missouri, from the armed forces article titled Jefferson Barracks

To that plea discover an excellent demurrer on usual function, which had been contended inside the April, 1854, in the event that judge gave view that demurrer would be suffered.

In-may, 1854, the fresh new offender, during the pursuance away from an agreement anywhere between the advice, along with the get off of judge, pleaded during the bar of your action:

1. Not guilty.
2. Your plaintiff was a good negro servant, the new legal possessions of your own offender, and you will, as such, the fresh new accused carefully put his hands up on your, and thereby got simply restrained him, just like the descendant had a straight to perform.
3. That with respect towards the wife and daughters of the plaintiff, on next and you can third matters of your own report stated, the brand new accused got, concerning them, simply acted in the same way, and in virtue of the same right in law.

In the first of those pleas, the fresh plaintiff inserted issue; and also to next and you may 3rd registered replications alleging the accused, regarding his or her own incorrect and you may with no cause in the 2nd and you will 3rd pleas so-called, the amount of time the fresh new trespasses, &c.

Emerson, who was simply a surgeon in the army of your own Us. Where seasons, 1834, said Dr. Emerson got this new plaintiff in the State off Missouri towards army ver este web-site post from the Material Area about County out of Illinois, and you may held him truth be told there just like the a servant before the few days off April otherwise Can get, 1836, During the time last-mentioned, told you Dr. Emerson got rid of the latest plaintiff of said military blog post at the Material Isle for the armed forces blog post during the Fort Snelling, situate on the western financial of your own Mississippi lake, about Territory labeled as Higher Lousiana, acquired from the Us out of France, and you can dependent northern of one’s latitude out of 30-six grade 30 minutes north, and you can northern of your own County out-of Missouri. Said Dr. Emerson stored brand new plaintiff within the bondage in the told you Fort Snelling, of said past-stated time till the seasons 1838.

In the year 1835, Harriet that is titled regarding second amount of plaintiff’s report, is the new negro servant from Major Taliaferro, who belonged towards the armed forces of your own You. In that 12 months, 1835, said Major Taliaferro grabbed told you Harriet so you’re able to said Fort Snelling, an army blog post, founded as the hereinbefore stated, and you can kept their own around once the a slave before the season 1836, and then sold and you can delivered their unique due to the fact a servant in the told you Fort Snelling unto the fresh new told you Dr. Emerson hereinbefore entitled. Said Dr. Emerson held told you Harriet inside the bondage in the said Fort Snelling up to the year 1838.

Emerson removed the brand new plaintiff and you may told you Harriet in addition to their told you daughter Eliza, of told you Fort Snelling to the Condition out of Missouri, where he has got since resided

In 1836, the plaintiff and you may told you Harriet, at told you Fort Snelling, on the concur away from said Dr. Emerson, just who up coming said to-be the master and proprietor, intermarried, and grabbed one another to possess husband and wife. Eliza and you can Lizzie, entitled throughout the 3rd number of plaintiff’s declaration, would be the good fresh fruit of that relationship. Eliza is approximately 14 years old, and you may came to be on-board brand new steamboat Gipsey, north of your own north collection of the condition of Missouri, and you can abreast of the newest river Mississippi.

Until the commencement of the match, told you Dr. Emerson offered and you may indicated the latest plaintiff, said Harriet, Eliza, and you can Lizzie, toward offender, given that submissives, additionally the defendant have from the time stated to hang them and each of them once the submissives.