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Martin Luther, Plaintiff in Error, v. Luther M. Borden et al., Defendants in Error/Rachel Luther, Complainant, v. Luther M. Borden et al. Defendants U.S. 1 (1849)

handle is hein.slavery/ussccases0287 and id is 1 raw text is: THE DECISIONS ON TH3 SUPREME COURT OF THE UNITED STATES, AT JANUARY TERM, 1849. MARTIN LUTHER, PLAINTIFF IN ERROR, v. LUTHER M. BORDEN ETAL. ' DEFENDANTS IN ERROR. RACHEL LUTHER, COMPLAINANT, v. LUTHER M. BORDEN ET AL., DE. FENDANTS. At tim period of the American Revolution, Rhode Island did not, like the othei States, adopt a new constitution, but continued the form of government estab. lished by the charter of Charles the. Second, making only such alterations, bl acts of the Legislature, as were necessary to adapt it to their condition and rightE as an independent State. But no mode of proceeding was pointed outb, which amendments might be made. In 1841 a portion of the people held meetings and formed associations, which resulted in the election of a convention to form a new co'dstitutinn. to be submitted to the people for their adoption or rejection. This convention framed a constitution, directed a vote to be taken upon it, declared -afierwards that it had been adopted and ratified by a majority of the people of the State, and was the paramount law and constitution of Rhode Island. Under it, elections were held for Governor, members of the Legislature, and other officers, who-assembled together in May, 1842, and proceeded to organize the new - government. But the charter government did not acquiesce in these proceedings. On the con- trary, it passed stringent laws, and finally passed an Act declaring the State under martial law. In Miy, 1843, a new constitution, which had been framed by a convention called together by the charter government, went into operation, and has continued ever since. The question which of the two opposing governments was the legitimate on; vi. the charter government, or the government established by the voluntary con- . ention, has not heretofore been regarded as a judicial one in any of the State courts. The political department has always determined whether aproposedcon- stitation or amendment was ratified or not by the people of the State, and the judicil power has followed its decision. Te courts of Rhode Island have decided in favor of the validity of the charter government, and the courts of the United States adopt and follow the decisions of the State courts in questions which concern merely the constitution and laws of the State. - *Mr. Justice Catron, 31r. Justice Daniel, and Mr. Justice McIinley were absent on account of ill health *hen this case was argued. VOL. Vii. 1

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