TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P24

Gale Encyclopedia of American Law Volume 13 P24 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 216 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD which creates the judicial power of the United States with respect to controversies between citizens of different States that the Circuit Court could not take cognizance of the action. To this plea in abatement a demurrer having been interposed on behalf of the plaintiff it was sustained by the court. After the decision sustaining the demurrer the defendant in pursuance of a previous agreement between counsel and with the leave of the court pleaded in bar of the action 1st not guilty 2d that the plaintiff was a negro slave the lawful property of the defendant and as such the defendant gently laid his hands upon him and thereby had only restrained him as the defendant had a right to do 3d that with respect to the wife and daughters of the plaintiff 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. Issues having been joined upon the above pleas in bar the following statement comprising all the evidence in the case was agreed upon and signed by the counsel of the respective parties 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 said Fort Snelling from said last mentioned date until

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