Citation on Writ of Error in the case of Martin Luther v. Luther Borden, et. al.
3/1/1844
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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."
Transcript
N-1Rhode Island District to
LS The United States of America to Luther M. Borden Stephen Johnson William L Brown John H Munroe William B Snell James Gardner and John Kelly all of Warren in said Rhode Island District and Citizens of the State of Rhode Island and Providence Plantation
Greeting
You are hereby severally cited and admonished to appear forthwith at the Supreme Court of the United States now holden at the city of Washington pursuant to writ of Error filed in the clerks office of the Circuit Court of the United States for the first Circuit in and for the Rhode Island district wherein Martin Luther of Fall River in the District of Massachusetts is Plaintiff in error and you the said Luther M Borden Stephen Johnson William L Brown John H Munroe William B Snell James Gardner and John Kelly are defendants in Error to show cause if any there by why the Judgment rendered against the said Martin Luther in the said Writ of Error mentioned should not be corrected and why speedy justice should not be done to the parties in that behalf.
Witness the seal of said Circuit Court and my hand this First day of March A D one thousand and eight hundred and forty four.
A true copy attach
John T [Pitman?] clerk
N-2
Providence March 2d A D 1844
We hereby acknowledge due and legal service of the above citation and agree that this acknowledgement of service shall be as full and effectual for the purpose of the entering said case and ^the prosecuting the same at the present term of the United States Court and to a final decision therein as though this citation had been duly sued out before the sitting of said court at its present term at the time directed by law and legally and duly served by the Marshall and fully to carry out the original agreement for carrying up said case entered into by said between said parties and in said case filed.
Luther M. Borden Stephen Johnson William L Brown John H Munroe William B Snell James Gardner and John Kelly By
John Whipple Alfred Bosworth & R W Greene their attys
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 278285
Full Citation: Citation on Writ of Error in the case of Martin Luther v. Luther Borden, et. al.; 3/1/1844; Records of District Courts of the United States, Record Group 21. [Online Version, https://www.docsteach.org/documents/document/citation-on-writ-of-error-in-the-case-of-martin-luther-v-luther-borden-et-al, May 15, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.