The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-01-17

THE RHeDE ISLAND CASE DEcIpED.-The SUI
pTeme Court of The United States has at last given
its decision in the Of Martin Luther u.s. l.. M.
Borden, 81 al, on writ of error from the Circuit
Court for Rhode Island. The cause of action origi
mated in tue Dorr nsurrecion. The plaintiff,
Luther, was arrested under the operation of the
martial law declared by the Government of Rhode
Island; and subsequently brought suit for damages,
against the officer who arrested him. The officer
pleaded the martial law in defence and the Circuit
Court decided that the plea was good. A writ of
error on this decision taken to the Supreme
Court of the United States, and that Court has
confirmed the judgement of the Circuit Court.
We have the following brief statement of the
points decided in the Washington correspondence
of the Philadelphia North American:
Chief Justice fancy delivered the opinion in the
case of Marlin Luthervs. L. NJ Borden and Others
which was argued at the last term writ of
from Rhode Island The following important points
were ruled:
l. That whether the new Government at any
time, displaced the charter Government, is politi-
cal question, and nota judicial one.
2 That the charter Government having at no
time recognized the new Government but de-
nounced il revolutionary and reasonable /; aud
not only opposed by military force but prosecuted
and convicted Governor Dorr, the leader of the
movement, under the criminal law of the State
ment was sustained by the Courts Of Rhode Island
and that the Federal Courts, under an established
rule of decsion follow the State tribunals on ques-
tions arising under IFS own laws.
8. That the recognition Of the chartered Gov
eminent, by the President of the United States in
expressing Willingness TO aid it, if necessary, in
putting down the insurrection, by the power of the
Union, as provided by the Constitution, is of itself
conclusive of the judicial power of the Union.
A. That the Legislature Of Rhode Island had
M rfI fn
acts to be done complained of as trespass by the
plaintiff
5. The judgement of the Circuit Court was
affirmed, which sustans the chartered Government.
Judge Woodbury. dssented from the fourth point,
and contended, in written argument. that the
State had no power TO declare martial law.
Ono. :, Goueraor's Message. The message of
Governor Bebb to the Ohio Legislature, was laid
before that body the 9Th inst From it we learn
that the revenue of the State during the past year
81, 96s, 400 IS; the expenditures for the same
period were S2,54l,94S 81, leaving balance in the
treasury on the 18th of November of $426,4 SO.
The Governor congratulates himself on the success
Of the policy adopted by the State on his recommen-
datons. He recommends the repeal of the tariff
Of 1916, and hints at a repeal of the veto power.
The following paragraph contains his views upon
the Wilmot Proviso:
nat White IL IIidorlty OI Tie 5Opie nave duOpL-
ed neither the doctrines of those who declare the
Ordinance of 1857 10 be unconstitutional on the one
hand, of those, if any such there be, who would
interfere abroad with slavery in the States wherein
il now unhappily exists, on the other, they have,
both by the Presidential and Congressional cleo
tons, significantly and Enthusiastically decreed that
slavery shall not be extended, and that whenever a
law IL passed for the government of New Mexico
and California, the great ordinance of human free
dom shall form of IFS distinctive features. And
should Congress at IFS present session endeavor to
foresia this expression of public sentiment before
il can authoritalivey speak in our national councils
by attempt TO ex' md African slavery into terri
tory wherein 1t dc IS not exist, under the spo
co,is name of compromise, or in any other way, it
will be found that the lightning, Instead of having
been drawn from this port,ntous cloud by the last
Presidential election, has only been silently accu
muating to burst forth hereafter with the more
terrific and astounding effect These declarations
made in spirit of contention Of idle bravado,
but under a solemn conviction of their intense
reality"