• Creator
  • U.S. Circuit Court for the District of Rhode Island. 1790-1/1/1912
  • Created Date
  • 1848-12-06/1848-12-06
  • Description
  • This document is from the file for the case of Martin Luther v. Luther Borden. This is a suit for trespass against a group of Rhode Island state militia who, acting under martial law, broke into Martin Luther's house in the middle of the night, searched the premises, and threatened its inhabitants. Luther claimed that the legislation establishing martial law was void because the charter government which proclaimed martial law was not the legal... more
    This document is from the file for the case of Martin Luther v. Luther Borden. This is a suit for trespass against a group of Rhode Island state militia who, acting under martial law, broke into Martin Luther's house in the middle of the night, searched the premises, and threatened its inhabitants. Luther claimed that the legislation establishing martial law was void because the charter government which proclaimed martial law was not the legal government of Rhode Island. The defendents claimed that the declaration of martial law was legal and that they were acting under the orders of their superior officers when they entered the house to search for Luther who was an important supporter of Thomas W. Dorr who had organized a "people's" government. The decision of the US Circuit Court in favor of the defendents was appealed to the US Supreme Court. The US Supreme Court, however, feeling that the case was political in nature, refused to rule on the issues and returned the case to the US Circuit Court. This case was an important case in the historic events commonly known as the "Dorr [Thomas W. Dorr] Rebellion.". less
  • Format
  • Mandates
    Paper
  • Rights
  • Unrestricted