Luther v. Borden (1849) 48 U.S. 1, was an action in damages for trespass. It arose out of Dorr's Rebellion of 1841. Disenfranchised citizens of Rhode Island took the initiative and proceeded to elect a constitutional convention by universal suffrage. The convention, in opposition to the charter government, proceeded to adopt a new constitution by a majority of the adult male population, and under the leadership of its governor-elect Dorr, attempted to take control of the state from the charter government. There were minor skirmishes with the government in power, and eventually the rump government was abandoned. During the course of the insurrection, the charter government declared martial law and representatives of that government's militia broke into Luther's house to arrest him. Luther contended the martial law was of no effect, as the charter government had been displaced by the Dorr regime, thus the militia was without authority to trespass upon his premises. The single question to be resolved was which of the two governments was legitimate. The United States Supreme Court declined to consider the issue because it was political and beyond the jurisdiction of the judiciary. The ruling was premised upon congressional action which authorized the president exclusive power to resolve such matters under Article IV, Section 4, and a 1795 statute which empowered the president to call out the militia at the request of a state government. The court reasoned the power to determine which government was legitimate had been placed with the president, with knowledge that the president had recognized the governor of the charter government as the exclusive power of Rhode Island -- thus with authority to dispatch the militia to the aid of the charter government. The court held it would not be justified in recognizing the Dorr regime as the lawful government under such circumstances. The Supreme Court held that these so-called political questions are entirely outside of the jurisdiction of the judiciary. Luther v. Borden involved the question of the contending governments in Rhode Island and which was the real government. The court said this was a matter to be decided by the executive department alone. In this decision quoted the court said: "The high power has been conferred on this court of passing judgment upon the acts of the state sovereignties, and of the legislative and executive branches of the Federal government, and of determining whether they are beyond the limits of power marked out for them respectively by the Constitution of the United States. This tribunal, therefore, should be the last to overstep the boundaries which limit its own jurisdiction. And while it should always be ready to meet any question confided to it by the Constitution, it is equally its duty not to pass beyond its appropriate sphere of action, and to take care not to involve itself in discussions which properly belong to other forums."