In the year 1834, brand new plaintiff are an effective negro slave owned by Dr

In the year 1834, brand new plaintiff are an effective negro slave owned by Dr

Lizzie is all about eight years old, and you can was born in the condition of Missouri, at military post named Jefferson Barracks

To that particular plea there can be good demurrer regarding the common function, that was contended from inside the April, 1854, when the legal offered wisdom your demurrer are going to be sustained.

In may, 1854, the brand new accused, when you look at the pursuance regarding a binding agreement ranging from the recommendations, along with the log off of your judge, pleaded when you look at the club of step:

  1. Not guilty.
  2. Your plaintiff are good negro servant, brand new lawful possessions of the defendant, and, as a result, new defendant gently put their hand on him, and you can and thus had merely controlled him, as descendant got a directly to manage.
  3. That with esteem into partner and you will daughters of plaintiff, from the next and you may 3rd counts of one’s declaration stated, the new accused got, regarding all of them, only acted in the sense, plus in advantage of the same legal right.

In the first of those pleas, the brand new plaintiff registered question; and also to another and you will third recorded replications alleging the offender, from his own wrong and you can without the trigger in the 2nd and third pleas alleged, the amount of time the latest trespasses, &c.

Emerson, who had been a doctor about armed forces of the United states. In this 12 months, 1834, told you Dr. Emerson got brand new plaintiff on the County out of Missouri towards the armed forces blog post during the Rock Isle regarding the Condition from Illinois, and you will held him here since a servant before month away from April otherwise Will get, 1836, During the time last-mentioned, told you Dr. Emerson got rid of the fresh new plaintiff of said armed forces blog post at Stone Area toward armed forces article on Fort Snelling, situate towards the west bank of Mississippi river, in the Territory labeled as Higher Lousiana, received of the Us away from France, and created north of one’s latitude off 30-half a dozen levels a half hour northern, and north of your own Condition off Missouri. Told you Dr. Emerson held new plaintiff in the bondage at the told you Fort Snelling, from told you history-said time till the seasons 1838.

In the year 1835, Harriet who’s entitled regarding 2nd count of your own plaintiff’s declaration, try the brand new negro slave from Biggest Taliaferro, who belonged on the military of United states. In this 12 months, 1835, told you Major Taliaferro took said Harriet so you can told you Fort Snelling, an armed forces blog post, depending since hereinbefore stated, and you may leftover their around due to the fact a slave before 12 months 1836, and ended up selling and you may introduced their own given that a servant in the told you Fort Snelling unto brand new said Dr. Emerson hereinbefore titled. Said Dr. Emerson held told you Harriet for the bondage in the said Fort Snelling up to the year 1838.

Emerson got rid of the new plaintiff and you can told you Harriet as well as their said child Eliza, off told proceder Г  ligação you Fort Snelling into County of Missouri, in which he’s from the time stayed

In 1836, new plaintiff and you can told you Harriet, at the said Fort Snelling, toward consent of told you Dr. Emerson, which following stated to get their learn and proprietor, intermarried, and grabbed one another for wife and husband. Eliza and you can Lizzie, titled regarding 3rd number of your plaintiff’s declaration, may be the fruits of the relationship. Eliza is approximately 14 yrs old, and you will was born onboard the newest steamboat Gipsey, north of the northern collection of the condition of Missouri, and you can abreast of the fresh river Mississippi.

Before the beginning regarding the fit, told you Dr. Emerson offered and shown brand new plaintiff, said Harriet, Eliza, and you may Lizzie, into the defendant, just like the submissives, and also the defendant keeps since reported to hang them and you can each of them due to the fact slaves.


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