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The Dorr Letters ProjectThomas Wilson Dorr to George Turner: |
Introduction
A keen observer of the political scene in Washington, Thomas Dorr urges George Turner, who was helping to manage both Thomas W. Dorr vs. Rhode Island and the Luther v. Borden case. Luther v. Borden, a somewhat complicated legal case, stemmed from a supposed trespass by Charter authorities in the spring of 1842. The old charter state government declared martial law to put down the rebellion, and while no Federal troops were involved, the U.S. government did send reinforcements to Fort Adams in Newport as well as deploying additional troops in New York state in case the national government were to become involved . A Dorrite named Martin Luther brought suit claiming the Charter government was not "a republican form of government" - a popular Dorrite refrain - and claimed that all its acts were thereby invalid, including the trespass in his house. Dorr paid close attention to the ideological leanings of the justices on the Court. The “Pennsylvanian” Dorr references was Robert C. Grier, a Democratic appointee to the high court by President James Polk.
Letter
Providence, Jan. 24th, '46
Afternoon
GeorgeTurner Esq:
Dear Sir:
Yours postmarked the 22nd, has just been
received; and I have only time to reply to that portion of it which relates
to the propriety of proceeding with the Luther case at the present.
As one of the counsel of Mr Luther I cannot too strongly urge upon
my associates the absolute & most imperative duty of postponing the
trial of this case until the Court be full. This was my view of the
matter before you left, as you will well recollect; and I am glad to hear
that it is sanctioned in the deliberations of counsel at Washington. It
would be a sort of treason to the People of this State & of the country to go
to trial under any disadvantage whatever. In a great constitutional
question like this we have a right, it would seem, to a full court, &
whatever the enemy may say, this right should be insisted upon. The
Algerines, from what has leaked out here, are disposed to go on now, believing
that the present is their best chance. They count on McLean,
Wayne, McKinley & Daniel as certain. When the bench shall be full
we may hope for Woodbury, Nelson, the Pennsylvanian (whoever he may
be), the Chief Justice & Catron. I am glad to hear you speak so favorably,
on such high authority, of Daniel also. Should the cause
proceed now the best that can be hoped for is to divide the court.
Let us wait for our advantage. Should this case be tried and lost,
another resolution will ultimately become necessary to reestablish the
doctrines of the Declaration of Independence. Upon so vast an issue let us
advance with the most sacred caution; unduly hazarding nothing
– hoping for every thing. Yours very truly, in great haste,
Tho's W. Dorr
Questions
Despite the legal differences, how was Dorr’s appeal of his treason conviction and the trespass suit brought by Luther similar?