, 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 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 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, 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 time mentioned in the plaintiff's declaration, the
defendant, claiming to be 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