Lizzie is about eight yrs . old, and you can grew up in the state of Missouri, in the army blog post entitled Jefferson Barracks
To this plea there can be a good demurrer throughout the usual setting, which had been contended during the April, 1854, in the event the court gave judgment that the demurrer are sustained.
In may, 1854, the newest defendant, when you look at the pursuance from a binding agreement ranging from guidance, and with the leave Data de Latamdate of legal, pleaded from inside the club of step:
- Not liable.
- That the plaintiff try a beneficial negro slave, this new legitimate property of one’s offender, and you can, as a result, new accused softly laid their hands upon him, and you will thereby had just restrained him, because descendant got a straight to would.
- By using admiration into the spouse and you can daughters of plaintiff, regarding next and you will third matters of declaration stated, this new accused had, regarding them, just acted in the same way, as well as in advantage of the identical right in law.
In the first of those pleas, the fresh new plaintiff registered procedure; and to next and you can 3rd filed replications alleging that the accused, off his personal completely wrong and you will without the trigger in his second and you will 3rd pleas alleged, the amount of time the trespasses, &c.
Emerson, who was simply a surgeon regarding the armed forces of the United states. In that season, 1834, told you Dr. Emerson grabbed the brand new plaintiff on the County away from Missouri with the military blog post in the Stone Isle on the Condition away from Illinois, and you will held your around as a servant before times regarding April or Can get, 1836, At the time last-mentioned, told you Dr. Emerson got rid of the plaintiff regarding told you armed forces post at the Rock Island toward military article at the Fort Snelling, situate with the western financial of your Mississippi lake, from the Region also known as Top Lousiana, received by United states regarding France, and you can based northern of your latitude out-of 30-six values a half hour northern, and you may northern of the Condition from Missouri. Said Dr. Emerson stored brand new plaintiff into the bondage within said Fort Snelling, out-of told you history-said time until the 12 months 1838.
In the year 1835, Harriet who is titled on next count of plaintiff’s statement, is actually the negro servant regarding Big Taliaferro, which belonged towards military of your own United states. Where season, 1835, told you Major Taliaferro grabbed said Harriet to said Fort Snelling, a military post, dependent as the hereinbefore mentioned, and you may remaining their particular around because a slave before the season 1836, after which offered and you may introduced their because the a slave during the told you Fort Snelling unto the fresh said Dr. Emerson hereinbefore called. Said Dr. Emerson held told you Harriet inside thraldom in the told you Fort Snelling up to the season 1838.
Emerson got rid of the plaintiff and you can told you Harriet and their told you daughter Eliza, out-of said Fort Snelling for the County out of Missouri, in which he’s got since existed
In the year 1836, new plaintiff and you may said Harriet, during the told you Fort Snelling, toward consent regarding said Dr. Emerson, exactly who next claimed to-be its master and you can holder, intermarried, and you may got one another to have wife and husband. Eliza and you can Lizzie, titled on 3rd number of plaintiff’s statement, may be the fruit of that marriage. Eliza is focused on 14 yrs old, and you may came to be agreeable the new steamboat Gipsey, north of one’s northern line of the state of Missouri, and upon the lake Mississippi.
Up until the commencement in the fit, said Dr. Emerson sold and conveyed this new plaintiff, said Harriet, Eliza, and Lizzie, towards defendant, due to the fact slaves, therefore the accused has ever since reported to hang all of them and you can each of them since the slaves.