demurred, and the defendant joined in
demurrer. The court below sustained the demurrer, holding that the
plea was insufficient in law to abate the suit.

The defendant then plead over in bar of the action:

1. The general issue. 2. That the plaintiff was a negro slave, the
lawful property of the defendant. And 3. That Harriet, the wife of
said plaintiff, and the two children, were the lawful slaves of the
said defendant. Issue was taken upon these pleas, and the cause went
down to trial before the court and jury, and an agreed state of facts
was presented, upon which the trial proceeded, and resulted in a
verdict for the defendant, under the instructions of the court.

The facts agreed upon were substantially as follows:

That in the year 1834, the plaintiff, Scott, was a negro slave of Dr.
Emerson, who was a surgeon in the army of the United States; and in
that year he took the plaintiff from the State of Missouri to the
military post at Rock Island, in the State of Illinois, and held him
there as a slave until the month of April or May, 1836. At this date,
Dr. Emerson removed, with the plaintiff from the Rock Island post to
the military post at Fort Snelling, situate on the west bank of the
Mississippi river, in the Territory of Upper Louisiana, and north of
the latitude thirty-six degrees thirty minutes, and north of the State
of Missouri. That he held the plaintiff in slavery, at Fort Snelling,
from the last-mentioned date until the year 1838.

That in the year 1835, Harriet, mentioned in the declaration, was a
negro slave of Major Taliaferro, who belonged to the army of the
United States; and in that year he took her to Fort Snelling, already
mentioned, and kept her there as a slave until the year 1836, and then
sold and delivered her to Dr. Emerson, who held her in slavery, at
Fort Snelling, until the year 1838. That in the year 1836, the
plaintiff and Harriet were married, at Fort Snelling, with the
consent of their master. The two children, Eliza and Lizzie, are the
fruit of this marriage. The first is about fourteen years of age, and
was born on board the steamboat Gipsey, north of the State of
Missouri, and upon the Mississippi river; the other, about seven years
of age, was born in the State of Missouri, at the military post called
Jefferson Barracks.

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