To this a demurrer was filed, which, on argument, was sustained by the
court, the plea in abatement being held insufficient; the defendant
was ruled to plead over. Under this rule he pleaded: 1. Not guilty; 2.
That Dred Scott was a negro slave, the property of the defendant; and
3. That Harriet, the wife, and Eliza and Lizzie, the daughters of the
plaintiff, were the lawful slaves of the defendant.

Issue was joined on the first plea, and replications of _de injuria_
were filed to the other pleas.

The parties agreed to the following facts: In the year 1834, the
plaintiff was a negro slave belonging to Dr. Emerson, who was a
surgeon in the army of the United States. In that year, Dr. Emerson
took the plaintiff from the State of Missouri to the post of 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, Dr.
Emerson removed the plaintiff from 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 latitude thirty-six degrees thirty
minutes north, and north of the State of Missouri. Dr. Emerson held
the plaintiff in slavery, at Fort Snelling, from the 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, Major
Taliaferro took Harriet to 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 Fort Snelling,
unto Dr. Emerson, who held her in slavery, at that place, until the
year 1838.

In the year 1836, the plaintiff and Harriet were married at Fort
Snelling, with the consent of Dr. Emerson, who claimed to be their
master and owner. Eliza and Lizzie, named in the third count of the
plaintiff's declaration, are the fruit of that marriage. Eliza is
about fourteen years old, and was born on board the steamboat 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, at the military post called Jefferson Barracks.

In the year 1838, Dr. Emerson removed the plaintiff and said Harriet
and their daughter Eli