Excerpt from The Case of Dred Scott in the United States Supreme Court
This Case, which was an ordinary action of assault and battery, came up by writ of error from the Circuit Court for the District of Missouri.
The declaration set out three assaults - one on the plaintiff, another on his wife, and a third on two of their children.
The defendant pleaded not guilty, and also justified on the ground that the defendant, his wife, and children were the plaintiff's slaves, upon which pleas issue was joined.
The case came to trial in May, 1854, and was submitted to a jury on the following agreed statement of facts:
"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 decrees 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 plaintiffs declaration, was the negro slave of Major Taliaferro, who belonged to the array 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.
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