aintiff, in the second and third counts of the declaration
mentioned, the defendant had, as to them, only acted in the
same manner, and in virtue of the same legal right.

In the first of these pleas, the plaintiff joined issue; and
to the second and third, filed replications alleging that
the defendant, of his own wrong and without the cause in his
second and third pleas alleged, committed the trespasses,
&c.

The counsel then filed the following agreed statement of
facts, viz:

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, 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
plaintiff in slavery at 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 herein
before 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 herein before 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 fruit of that marriage. Eliza is about fourteen year