Luther v. Borden

Meanwhile, Martin Luther, a Dorr supporter from the town of Warren, decided to sue Luther M. Borden and others for trespass. During the period of martial law, Borden had entered and searched Luther's home without a warrant. Luther's mother, Rachel Luther, also brought an action against Borden for his allegedly high-handed procedures during the search.

Luther's case started out in circuit court, under Supreme Court Justice Story and District Judge John Pitman. Luther's argument was simple: since the people had a right to change their government, and since they had changed from the charter government to Dorr's regime, Borden had represented an illegitimate government. As a private citizen, he had had no right to enter Luther's home.

Borden's counter-argument was equally simple. He contended that the charter government, which he represented, was the legitimate government of Rhode Island at the time he had entered Luther's home. Therefore, he had had the right to carry out the official business of that government, just as any police officer might do.