st at
Rock Island to the military post at Fort Snelling, situate on the
west bank of the Mississippi River, in the Territory known as Upper
Louisiana, acquired by the United States of France, and situate
north of the latitude of thirty-six degrees thirty minutes north,
and north of the State of Missouri. Said Dr. Emerson held the
plaintiff in slavery at said Fort Snelling from said last-mentioned
date until the year 1838.

"In the year 1835, Harriet, who is named in the second count of
the plaintiff's declaration, was the negro slave of Major Taliaferro,
who belonged to the army of the United States. In that year, 1835,
said Major Taliaferro took said Harriet to said Fort Snelling, a
military post, situated as hereinbefore stated, and kept her there
as a slave until the year 1836, and then sold and delivered her as
a slave at said Fort Snelling unto the said Dr. Emerson hereinbefore
named. Said Dr. Emerson held said Harriet in slavery at said Fort
Snelling until the year 1838.

"In the year 1836, the plaintiff and said Harriet, at said Fort
Snelling, with the consent of said Dr. Emerson, who then claimed
to be their master and owner, intermarried, and took each other
for husband and wife. Eliza and Lizzie, named in the third count
of the plaintiff's declaration, are the fruits of that marriage.
Eliza is about fourteen years old, and was born on board the
steamship _Gipsey_, north of the north line of the State of Missouri,
and upon the river Mississippi. Lizzie is about seven years old,
and was born in the State of Missouri, and at the military post
called Jefferson Barracks.

"In the year 1838, said Dr. Emerson removed the plaintiff and said
Harriet and their said daughter Eliza from said Fort Snelling to
the State of Missouri, where they have ever since resided.

"Before the commencement of this suit, said Dr. Emerson sold and
conveyed the plaintiff, said Harriet, Eliza, and Lizzie, to the
defendant as slaves, and the defendant has ever since claimed to
hold them and each of them as slaves.

"At the times mentioned in the plaintiff's declaration, the defendant,
claiming to be the owner as aforesaid, laid his hands upon said
plaintiff, Harriet, Eliza, and Lizzie, and imprisoned them, doing
in this respect, however, no more than what he might lawfully do
if they were of right his slaves at such times."

It is our purpose here only to set forth what was decided, or
attempted to be decided, bearing upon slav