New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-19
TANEY vs.. TANEY,

In delivering the opinion Of the Supreme Coud
of the United States, January Term, 1919, ia
the case of Luther agt. Borden ct al. q How.
ards Sup. CT. Rep, 43) on writ Of error from
the Circuit Court for the Rhode Island District.
in q case Of trespass q. C. by Martin Luther,
citizen of Massachusetts,, against the defendants,
citizens Of Rhode Island, for breaking aud enter
ing the house Of Luther on the 29th June, lo4A
Mr.. Chief.Justice fancy said:
"This case had arisen out he unfortunate po'esi
difereHcs which sgitated the PEOPLE Of Rhode lssad
in 1871 and 1912. Il is an action Of trespass BY No
plaintiff In error against defendants for breaking md
entering plaintiff houss. The defendane Justly
upon the ground that large numbers Of men rerssr
semJld in different parts of the State, for the puoN
Of oyer.hrowDg the Government, by military force,
and were actually Lryng ~ar upon the State; that o
order to defend itsef from this instruction, the Sae
was declared by competent authority under msrtil
law; that plaintiff WAS engaged ~ The insSTreesos;
and that the defendants, beng in the milifary ~rrn
of the State, by command Of their superior oHes',
broke and entered the house, and searched the reo.i
for the plaintiff, who was supposed to be there o.
cealed in order 10 arrsst ham, doing little damaess
possible"
And (at page BY:
But notwithstanding the determination Of ~
Charter Government aud Of those who adhefN
to il TO maintain lie authority, Thomas W. Do'f'
who had been elected Governor under the new
Constitution, prepared 10 assert the authority OF
that new Government by force, and many euisns
assembled in arms " support him. The Chana
Government thercupOn paced an act declaring -
State uuder martial law, and al the same time ~
ceeded to call out the militia to repel the thresss'S
attack and 10 subdue those who engaged in II. ~
state Of the contest the house Of the plaintiff che "a
engaged IN supporting The authority 81 tie ner o~
erament was broken and entered In order TO arrest ha
The defendants were, at the time, in the military
service Of the old Government and in arms 10 sapY@
its authority"
Again Up. 45), after commenting on the p'ss
of the President, under the Act Of l79S, 10 ee
out the militia, and stating that the Court N
no right to question whether the Presider'
decision, in such case was right, he saysi
"The remaining question is whether defsndAss
acting under military orders Issued under the anisohT
Of the Government, were justified in breaking ana
tering the plaintiffs HOUSE.
martial law. il is not necessary to inquire 10 ws
tent, nor under what circumstances, that po"a
be exercised by 4 State. PROFESSIONALLY NM
Government, established Nc the permanent Govs'hA.
Of the State. would not be republican Governu'
and Il could Be he duly Of COngre" 10 orer'A'o.
Urn, the law Of Rhode Island evidently cone.
Mated no such Government. IL rcas iatendta "o.I
for ne crisis, and 10 meet The peril en- rhe"
;,v Government was PLACID BY fse a,~ef re''a' ~,
o. e,,,hoyify. Il was 40 understood and oonsu'
,hs State authorities. And unquestionsby s'a'e -
use its military power TO put down an Afmeu ..,ts.
ton too strong to 10 controlled oy the '''n .,,1
i,y. The power IL essential to the eAiS'eD' al
nnvsrnmeu,. essential 10 the preservaioh Oh Oss
srss institutions. and Is as necessary 70 "e % ga,
,hi. Union 40 TO any other Government. Inv -
Ito r,ust determine what degree Of force INV"
demands. ,,..las
uA,a,s,bs Government Of Rhode Island deeassA
armed opposition 50 formidable ana 20 Sss
ont the State. as to require the use OF "s ". srVu
and the declaration Of martial law, We ~' ~
ur0n which this Court can question ss su,so' !'uA
-. .,a,s Of war; and the estsbirhed oV.;,,sa
1871 ~ The riehts and usages Of war 70 Al
,,"a,s and 20 overcome the unlawful oPpos"o' ..a6
~ ,h., .,a,s Of things the officers engaged AZ
s.rvics might lawfully arrest any one VIM ,.sAs
r,rma,;on before them, tAey had rea'ona'N "a ~
t.. ,,. ,,ooged IN lAe iHsHrreefio"i ~ u
ordsr a house to 30 forcibly entered anu -
there ~rye reasonable groa"d' Jor '1H.S AZ ,hh -
n tI.re concealed. Without the power n,,snn6
tisl law sud the military an"y " w