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Subject Area: Law
Topic: The American Revolution and Constitution

§ 159.: Quartering soldiers in private dwellings.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 2.

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 159.

Quartering soldiers in private dwellings.—

It is provided by the United States constitution,2 and by almost every State constitution, that “no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” At the present time, and in this country, the necessity for this constitutional provision does not seem to be very urgent, and it is not. But at the time when the provision was incorporated into the constitution, the practice was so common in some countries, and the danger of its being generally adopted in our own country [it had in colonial days been occasionally resorted to] appeared to be sufficiently imminent in order to justify its enactment. It is well that there should be an unequivocal declaration on so important a matter; for no more efficient means of oppression of a people can be devised than the power, at all times and without any limitation, to throw upon an objectionable person the burden of housing and supporting a company of soldiers. The constitutional provision, just cited, protects the house of the citizen against all such intrusions in time of peace, and in war the matter is required to be specially regulated by law. It is safe to say, however, that, with the present temper of public opinion, the exercise of this power would not be tolerated now, even in time of war, unless provision is made for the full compensation of those on whom this burden should be made to fall.3

[2]U. S. Const. Amend., art. 3.

[3]See post, § 166, in reference to forcible appropriation of private property in time of war.