s
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 times 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 such times.

Further proof may be given on the trial for either party.

It is agreed that Dred Scott brought suit for his freedom in
the Circuit Court of St. Louis county; that there was a
verdict and judgment in his favor; that on a writ of error
to the Supreme Court the judgment below was reversed, and
the same remanded to the Circuit Court, where it has been
continued to await the decision of this case.

In May, 1854, the cause went before a jury, who found the
following verdict, viz: "As to the first issue joined in
this case, we of the jury find the defendant not guilty; and
as to the issue secondly above joined, we of the jury find
that, before and at the time when, &c., in the first count
mentioned, the said Dred Scott was a negro slave, the lawful
property of the defendant; and as to the issue thirdly above
joined, we, the jury, find that, before and at the time
when, &c., in the second and third counts mentioned, the
said Harriet, wife of said Dred Scott, and Eliza and Lizzie,
the daughters of the said Dred Scott, were negro slaves, the
lawful property of the defendant."

Whereupon, the court gave judgment for the defendant.

After an ineffectual motion for a new trial, the plaintiff
filed the following bill of exceptions.

On the