The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1857-03-14

last, to Henry Hess of Baltimore county. Ii
contained 90 acres and sold for $4,000.
THE DRED SCOTT CAsE.-The u. S.
Supreme Conrt have made their decision
in this important case.
Tho following brief statement, quoted from
the admirable argument of Montgomery Blair,
counsel for plaintiff, will put our readers
in possession of the facts of the case:
This is a suit brought to try tho right to
freedom of the plaintiff and his wife Harriet,
and his children Eliza and Lizzie It was
originally brought against the Administrative
of DR.. Emerson. in the Circuit Court Of St.
Louis county, Missouri, where the plaintiff re-
covered judgment: but on appeal to the Su.
prcme Court of the State, a majority of that
court, at the March term oflS52, reversed the
Judgment; when the cause was reinanded, it
was dismissed, and this suit, which is in ac-
ton OF trespass for false Imprisonment, was
brought in the Circuit Court Of the United
States for the district Of Missouri, by the
plaintiff, as citizen Of that State, against
The defendant, citizen of the State of New
York, who had purchased him and his family
since the commencement Of the suit in the
State court. t''
The defendant denied, by plea in abate.
mcnt. the jurisdiction Of the Circuit Court of
the United States, on the ground that the
plaintiff is a negro Of African descent, his
ancestors were Of pure African blood. and
were brought into this country and sold as
slaves, and therefore the plaintiff .is not n
citizen of the State of Missouri To this
plea the plaintiff de,nurred, and the court
sustained the demurrer.
"Thcreupon. the defendant pleaded over.
and justified the tresspass OH the ground that
the plaintiff and his family were his negro
slaves: ard a statement of facts. agreed to by
both PARTIES, was read in evidence, as fol.
lows: In the year 1884. the plaintiff was
a negro slave belonging to DR.. Emerson, who
was a Surgeon in the army of the United States.
In that year 1874 said DR.. Emerson took
the plaintill'irom 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, 1886. At the time last
mentioned, said DR.. Emerson removed the
plaintiff from said military post at Rock Is
land to the military post at Fort Smelling,
situated on the west bank of the Mississippi
river. in the territory known as Upper Lou
isiana, acquired by tile United States OF
France. and situate north Of the latitude of
36dtg. 30min. north. and north of the State
of Missouri. Said Dr. Emerson held the
plaintiff in slavery at said Fort Smelling, until
the year 1898.
'In the year 1885 Harriet (who is named
in the second count of the plaintiffs declara-
tion) was the slave of Major Talafcrro. who
belonged to the army of the United States
In that year, 1889 said Major Taliafcrro
took said Harriet to said Fort Smelling, mil
itary post situated as hercinbcfore stated and
kept her there as a slave until the year 1886
and then sold and delivered her as slave al
Fort Smelling unto said Dir. Emerson. herein.
before named; and said DR.. Emerson held said
Harriet in slavery at said Fort Smelling until
the year 1888.
"ln the year 1886, the plaintiff end said
Harriet, at said Fort Smelling, with the con-
sent of said DR.. Emerson, who then claimed
to be their master and owner, intermanied
and took each other for husband, and wife
Eliza and Lizzie, named in the third count Of
the plaintiff declaration. are the fruit of tina,
marriage Eliza is about fourteen years old
and was born on board the steamboat Gipsey
north of the north line of the State of Nilsson
ri, and upon the Mississippi river. LIZZIE is
STATE Of Missouri; at tho military most callrf
Jefferson Barracks f'''
..Jn The v.ar lS3s said Dr En,erso, TO-
moved the nlaintiffa said Harriet and ,hei,
said daughter Fila from said Fort Sn.ll;np
to the State of Missouri whers thew have eyei
49, .an;Ja, " ' WY
Before the commencement of this suit
said Dr. Emerson sold and conveyed tn,
plaintiff, said Harriet, Eliza and Lizzie, te
the defendant. Ms slaves. and the defendant
claimed to hold each one Of them as slaves.
"At the times mentioned in the plaintiff s
declaration. the defendant, claiming to ht
owner as aforesaid laid his hands upon, sa'o
plaintiff, Harriet, Eliza, and Lizzie, ana l'h
prlsoned them; doing in this respect: howey'
or, no more than what he might lawfully &c
If they were of right his slaves at such times
"on these facts, the court instructed tn,
jury TO ma tor the defendants ,, Inc pla,h.li
excepted 70 the instructions; Inc jury iou'''
4