wife, and two children, _also
negroes_.

To the declaration in this case the defendant below, who is also the
defendant in error, pleaded in abatement that the court could not take
cognizance of the cause, because the plaintiff was not _a citizen_ of
the State of Missouri, as averred in the declaration, but was a _negro
of African descent_, and that his ancestors were of pure African
blood, and were brought into this country and sold as _negro slaves_;
and hence it followed, from the second section of the third article of
the Constitution, which creates the judicial power of the United
States, with respect to controversies between citizens of different
States, that the Circuit Court could not take cognizance of the
action.

To this plea in abatement, a demurrer having been interposed on behalf
of the plaintiff, it was sustained by the court. After the decision
sustaining the demurrer, the defendant, in pursuance of a previous
agreement between counsel, and with the leave of the court, pleaded in
bar of the action: _1st, not guilty; 2dly, that the plaintiff was a
negro slave, the lawful property of the defendant, and as such the
defendant gently laid his hands upon him, and thereby had only
restrained him, as the defendant had a right to do; 3dly, that with
respect to the wife and daughters of the plaintiff, in the second and
third counts of the declaration mentioned, the defendant had, as to
them, only acted at the same manner, and in virtue of the same legal
right_.

Issues having been joined upon the above pleas in bar, the following
statement, comprising all the evidence in the cause, was agreed upon
and signed by the counsel of the respective parties, viz:

"In the year 1834, the plaintiff was a negro slave belonging to Doctor
Emerson, who was a surgeon in the army of the United States. In that
year, 1834, said Dr. Emerson 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 the time last mentioned, said Dr. Emerson removed the
plaintiff from said military post 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