In the year 1834, the newest plaintiff was an excellent negro slave owned by Dr

In the year 1834, the newest plaintiff was an excellent negro slave owned by Dr

In the year 1834, the newest plaintiff was an excellent negro slave owned by Dr

Lizzie is all about seven yrs . old, and you will grew up in the state of Missouri, at army article entitled Jefferson Barracks

To this plea there is certainly a demurrer from the typical function, which was argued inside April, 1854, if the legal provided view the demurrer is suffered.

In-may, 1854, the latest defendant, when you look at the pursuance out of an agreement between the advice, along with the hop out of your judge, pleaded inside bar of the action:

  1. Simple.
  2. The plaintiff was a negro servant, the lawful assets of your defendant, and, as such, the new defendant softly applied their hand on him, and you may and so got merely controlled him, since the descendant had a directly to manage.
  3. By using regard with the spouse and you will daughters of your plaintiff, regarding the second and you may third counts of one’s report stated, the fresh new defendant had, concerning all of them, simply acted in the same manner, and in advantage of the identical legal right.

In the 1st of those pleas, this new plaintiff registered situation; also to next and you can third registered replications alleging your defendant, regarding his own incorrect and you can with no bring about within his 2nd and you will third pleas so-called, the full time the new trespasses, &c.

Emerson, who was a physician from the armed forces of the You. Because year, 1834, told you Dr. Emerson got the newest plaintiff throughout the Condition out-of Missouri on the army post in the Material Area in the State away from Illinois, and you may stored your here because the a servant till the times off April otherwise Get, 1836, At the time last-mentioned, told you Dr. Emerson eliminated the new plaintiff out-of told you armed forces article at Stone Island to the armed forces article within Fort Snelling, situate to the western lender of your Mississippi lake, on the Area also known as Higher Lousiana, received because of the United states out of France, and you will built north of your latitude off thirty-six degree thirty minutes northern, and you may north of Condition off Missouri. Told you Dr. Emerson stored the latest plaintiff from inside the thraldom at the said Fort Snelling, from told you history-mentioned day through to the season 1838.

In 1835, Harriet who is entitled throughout the second count of your plaintiff’s declaration, is the fresh new negro servant out-of Significant Taliaferro, just who belonged towards army of the Us. For the reason that seasons, 1835, told you Big Taliaferro got told you Harriet in order to told you Fort Snelling, an armed forces article, dependent since the hereinbefore mentioned, and you will leftover their own truth be told there because the a slave till the season 1836, after which marketed and you may brought their just like the a servant during the told you Fort Snelling unto new said Dr. Emerson hereinbefore titled. Said Dr. Emerson held told you Harriet inside the slavery at told you Fort Snelling up until the year 1838.

Emerson eliminated new plaintiff and you will said Harriet as well as their said child Eliza, out of said Fort Snelling into the Condition regarding Missouri, where he has got since resided

Around 1836, the newest plaintiff and you will said Harriet, during the told you Fort Snelling, into concur out of said Dr. Emerson, just who after that said become their learn and you may proprietor, intermarried, and grabbed one another for couple. Eliza and you can Lizzie, titled regarding third number of plaintiff’s statement, would be the good fresh fruit of that wedding. Eliza means 14 yrs . old, and you can was given birth to aboard the new steamboat Gipsey, north of your own north type of the condition of Missouri, and you may up on the new lake Mississippi.

Through to the beginning for the match, told you Dr. Emerson sold and expressed this new plaintiff, told you Harriet, Eliza, and you may Lizzie, into the offender, given that slaves, and offender keeps since reported to hold them and every one of them given that slaves.

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