Luther

vs. Borden, a celebrated case in the U. S. Supreme Court. In 1842 Luther, of Ma achusetts, brought action of trespa in the Circuit Court of Rhode Island against Borden for entering his house by force. In 1841 8 portion of the people of Rhode Island had framed a new Constitution and elected Thomas W. Dorr Governor in opposition to the charter government. That government, King being the executive, declared the State under martial law, and Juther’s house was searched, he being implicated in the armed conspiracy against the constitutional government. Luther pleaded the constitutionality of the new government, but the Circuit Court found judgment against him, and this the Supreme Court of the United States confirmed, 1842. But it was decided that the question of the constitutionality of a State government lay rather with Congre than the judicial courts. Also it was decided that under martial law suspected persons might be legally arrested by State authority. 418