Martial law in the United States

Displacement of civil law by military rule in America

Martial law in the United States refers to times in United States history in which a region, state, city, or the whole United States was placed under the control of a military body. On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law since both can be in charge of the militia. In nearly every state, the governor has the power to impose martial law within the borders of the state.[1] In the United States, martial law has been used in a limited number of circumstances, such as New Orleans during the Battle of New Orleans; after major disasters, such as the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, or during riots, such as the Omaha race riot of 1919 or the 1920 Lexington riots; local leaders declared martial law to protect themselves from mob violence, such as Nauvoo, Illinois, during the Illinois Mormon War, or Utah during the Utah War; or in response to chaos associated with protests and rioting, such as the 1934 West Coast waterfront strike, in Hawaii after Japan's attack on Pearl Harbor, and during the Civil Rights Movement in response to the Cambridge riot of 1963.

## Legal basis

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The martial law concept in the United States is closely tied to the right of habeas corpus, which is, in essence, the right to a hearing and trial on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is related to the imposition of martial law.[2] Article 1, Section 9 of the US Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion, President Lincoln's suspension of habeas corpus in 1861 in order to arrest of one-third of the Maryland state assembly, and in the South during the Civil Rights Movement, but those acts are not tantamount to a declaration of martial law.[citation needed]

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II.[citation needed] In 1878, Congress passed the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval.

Throughout history, martial law has been imposed at least 68[3] times in limited, usually local areas of the United States. Martial law was declared for these reasons: Twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labor dispute, four times for natural disaster and fifteen times for other reasons.[3] Habeas corpus was suspended federally only once in 1863 during the Civil War.[3]

## History

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### American Revolution

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The Boston Tea Party prompted Great Britain to pass the Massachusetts Government Act.

During the American Revolutionary period, British authorities imposed martial law in several instances to suppress colonial resistance and maintain control. Notable examples include:

* Boston (1774) — In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, one of which — the Massachusetts Government Act — effectively placed Boston under martial law by closing its port and restricting town meetings. General Thomas Gage, appointed as the military governor, enforced these measures to quell dissent.[4][5][6][7]
* Virginia (1775) — On November 7, 1775, Lord Dunmore, the royal governor of Virginia, issued a proclamation declaring martial law and offering freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists. This move aimed to weaken the colonial rebellion by disrupting the labor force and encouraging enslaved people to support the British cause.[8]
* New York (1776) — Following the British capture of New York City in September 1776, martial law was imposed to restore order and assert British authority. Governor William Tryon, though retaining his title, had limited power as military commanders took control of the city’s administration.[9]

### New Orleans in War of 1812

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Andrew Jackson imposed martial law in New Orleans during the War of 1812.

During the War of 1812, General Andrew Jackson imposed martial law in New Orleans.[10][11][12] Upon arriving in the city on December 1, 1814, Jackson encountered a diverse and divided populace, including Anglo-Americans, Creoles, freedmen, and slaves. Concerns about potential disloyalty and panic among residents led him to declare martial law on December 16.[13] Jackson imposed several measures:

* Strict curfews and travel restrictions were imposed on all residents. Jackson declared that anyone challenging his authority would be considered a spy or traitor, leading to mass arrests and overcrowded jails. These rules remained in effect for several months after hostilities had ended. When district and federal judges ruled against his actions, Jackson imprisoned them as well.[14][15]
* Jackson warned newspapers not to publish information about the Treaty of Ghent unless he approved the content. He arrested a prominent legislator and banished several officials for criticizing his heavy-handed enforcement of martial law. Jackson later defended these actions, claiming that unrestricted press freedom could endanger military operations by conveying intelligence to the enemy or inciting unrest.[16]
* Individuals expressing opposition to martial law, including Louisiana State Senator Louis Louaillier and U.S. District Court Judge Dominic A. Hall, were arrested. Louaillier criticized Jackson’s policies in a newspaper article, leading to his arrest on Jackson’s orders. Judge Hall issued a writ of habeas corpus for Louaillier’s release, prompting Jackson to arrest Hall as well.[17]

### Nauvoo, Illinois, during the Illinois Mormon War (1843)

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Main article: Illinois Mormon War

In 1843, Missouri sought to extradite Joseph Smith, the founder of Mormonism, for allegedly attempting to murder Missouri governor Lilburn Boggs. He escaped arrest with the help of members of his church, and was discharged on a writ of habeas corpus in the Municipal Court of Nauvoo, where he was mayor, even though it was outside the court's jurisdiction. People in the neighboring town of Carthage, Illinois, felt that Smith was abusing his position in order to avoid arrest. They requested that Governor Ford call out the militia to take Smith into custody, which Governor Ford declined to do.[18]: 139  A group of ex-Mormons published a paper called the Nauvoo Expositor which detailed Smith's alleged abuse of power. Together with the Nauvoo City Council, Smith ordered the destruction of the Nauvoo Expositor. This caused an uproar in neighboring towns, which interpreted the order as an attack on the freedom of speech. Smith was charged with causing a riot, which the Nauvoo courts dismissed. Neighboring cities raised money for a militia to go and capture Smith.[19] Governor Ford arrived in Carthage and sent word to Smith that if he did not surrender, Ford would call out the militia. On June 18, Smith declared martial law[20] in Nauvoo and called out the Nauvoo Legion, an organized city militia of about 5,000 men,[21] to protect Nauvoo from outside violence.[20] Ford sent a group of men and abolished martial law. By this time, Smith had escaped into Iowa but was convinced by his supporters to return. He was arrested for treason against the state of Illinois for declaring martial law.[19] While awaiting trial in Carthage Jail, Smith was murdered by a mob. In 1845, Nauvoo was stripped of its charter for abuse of authority. This led to a series of conflicts known as the Illinois Mormon War.[22]

### Utah War (1857)

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Main article: Utah War

Governor Brigham Young declared martial law on September 15, 1857 in Utah shortly before being removed as governor.

Tension between Utah territory and the federal government was strained in 1858 due to the influence of theodemocracy in Governor Brigham Young's semi-theocratic government, Utah's rejection of federal appointees, and Utah's acceptance of polygamy. In 1857, President James Buchanan sent U.S. forces to the Utah Territory in what became known as the Utah War. The Mormons, fearing that the large U.S. military force had been sent to annihilate them, made preparations for defense. On 15 September, Young publicly declared martial law in Utah. It was widely circulated throughout the territory and was delivered by messenger to Col. Alexander with the approaching army. The most important provision forbade "all armed forces of every description from coming into this Territory, under any pretense whatsoever".[23] It also commanded that "all the forces in said Territory hold themselves in readiness to march at a moment's notice to repel any and all such invasion".[23] But more important to California- and Oregon-bound travelers was the third section that stated, "Martial law is hereby declared to exist in this Territory...and no person shall be allowed to pass or repass into, through or from this territory without a permit from the proper officer."[23] Brigham Young ordered the people in Salt Lake City, Utah, to burn their homes and retreat south to Provo, Utah. Meanwhile, the Mormons harassed the approaching army. Eventually, Brigham Young was removed as governor and replaced by Alfred Cumming.

### Baltimore (1861)

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Main article: Maryland in the American Civil War § Imposition of martial law

In April 1861, secessionists severed railroad links around Baltimore to prevent the passage of federal troops and materiel southward. Union general Benjamin Butler entered the city the following month and took over administration from civilian authorities, despite having no federal authority to do so.

### Ex parte Milligan (1863)

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See also: Reconstruction era

On September 15, 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland and Missouri.[24] The authorizing act allowed the President to suspend habeas corpus and civil rights throughout the entire United States (which he had already done under his own authority on April 27, 1861). Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan, 71 US 2 [1866]. The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional in areas where the local courts were still in session.

### The Great Chicago Fire (1871)

[edit]

Artist's rendering of the Great Chicago Fire

In response to the Great Chicago Fire of 1871, Chicago mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city on October 9, 1871. After the fire was extinguished, there were no widespread disturbances and martial law was lifted within a few days.[25]

### Coeur d'Alene, Idaho (1892)

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In 1892, in Coeur d'Alene, Idaho, striking mineworkers blew up a mill and shot at strike-breaking workers. The explosion leveled a four-story building and killed one person. The governor declared martial law. At the same time, a request was made for federal troops to back guardsmen. Over 600 people were arrested. The list was whittled down to two dozen ringleaders who were tried in the military court. While in prison, the mine workers formed a new union, the Western Federation of Miners.

### San Francisco earthquake of 1906

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Following the earthquake of 1906, the federal troops stationed in the Presidio were pressed into martial law service. They were posted throughout the city, and all dynamite was confiscated. The dynamite was used to destroy buildings in the path of fires to prevent the fires from spreading.

### Colorado Coalfield War (1914 and 1917)

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In 1914, the imposition of martial law climaxed during the Colorado Coalfield War. Dating back decades, the conflicts came to a head in Ludlow, Colorado, in 1913. The Colorado National Guard was called in to quell the strikers. For a time, the peace was kept, but it is reported that the make-up of the Guard stationed at the mines began to shift from impartial normal troops to companies of loyal mine guards. Clashes increased and the proclamation of martial law was made by the governor, eventually resulting in the Ludlow Massacre. President Wilson sent in federal troops, eventually ending the violence.

On August 19, 1917, the Spokane office of the Industrial Workers of the World (IWW, or Wobblies) was raided, leaders arrested, and martial law was declared. The military authority was the National Guard, controlled by the U.S. War Department. This occurred in reaction to a demand by IWW leader James Rowan that all prisoners of the "class war" (he meant Wobbly strikers and strike leaders involved in a statewide lumber strike) be released or Spokane would face a general strike. The repression of the democratic, radical union in Spokane and across the state took place in the context of the Wobbly-led loggers' and sawmill workers' ongoing strike for the eight-hour day and sanitary conditions in the camps. The IWW was militant, radical, vocal and consistently nonviolent. The larger context of the repression of the union was war hysteria, combined with employer opposition to union demands. The nationwide suppression of the IWW during the war involved physical violence, vandalism, and the imprisonment of hundreds of union members and leaders.

### West Virginia Coal Wars (1920-1921)

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During the events of the West Virginia Coal Wars (1920–1921), martial law was declared in the state of West Virginia. At the behest of Governor Cornwell, federal troops had been dispatched to Mingo County to deal with the striking miners. The army officer in charge acted, ostensibly, under the Suspension Clause of Article I of the United States Constitution (selectively; accounts show that he jailed only union miners), and did not allow assembly of any kind. If his soldiers found any union miners, they immediately took them and imprisoned them. The jails filled up so quickly that he had to release miners. As it went, miners were arrested, jailed, and released without any sort of trial. After a time, when the trial of Sid Hatfield began, the military occupation and "veritable military dictatorship" (Governor Cornwell) of the army officer ended. Many of the miners were not released from jail. It was only the first of three times that federal troops would be called to quiet the miners in the West Virginia Mine War.[citation needed]

### Minneapolis, Minnesota (1934)

[edit]

In 1934, Minnesota Governor Floyd B. Olson placed the city of Minneapolis under martial law and deployed the National Guardsmen of the 34th Infantry Division due to escalating violence during the Minneapolis general strike of 1934 after Bloody Friday when police opened fire on picketers.

On July 26, and these deaths of protesters at the hands of the police, Farmer-Labor governor Olson declared martial law and mobilized four thousand National Guardsmen of the 34th Infantry. Following this mobilization, there was no further loss of life.

Between July 26 and August 1, the National Guard began issuing operating permits to truck drivers, and engaging in roving patrols, curfews, and security details. On August 1, National Guard troops seized strike headquarters and placed arrested union leaders in a stockade at the state fairgrounds in Saint Paul. The next day, the headquarters were restored to the union and the leaders released from the stockade, as the National Guard carried out a token raid on the Citizens Alliance headquarters.

The union appealed to the Central Labor Union for a general strike and the governor issued an ultimatum that he would stop all trucks by midnight, August 5, if there was no settlement. Nevertheless, by August 14, there were thousands of trucks operating under military permits. Although the strike was gravely weakened by martial law and economic pressure, union leaders made it clear that it would continue.

On August 21, a federal mediator got acceptance of a settlement proposal from A. W. Strong, head of the Citizens Alliance, incorporating the union's major demands. The settlement was ratified and the back of employer resistance to unionization in Minneapolis was broken.[26]

### San Francisco, California (1934)

[edit]

In 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike. The governor threatened to place the entire city under martial law. The National Guard was called in to open the docks, and a citywide institution of martial law was averted when goods began to flow. The guardsmen were empowered to make arrests and to then try detainees or turn them over to the courts.

### Territory of Hawaii in World War II (1941–1944)

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Hawaii was put under martial law after the Japanese attack on Pearl Harbor

During World War II (1939–1945) what is now the State of Hawaii was held under martial law from December 7, 1941, to October 24, 1944, following the Japanese attack on Pearl Harbor.[27] During 1942, the army's Hawaii District was commanded by Ralph McT. Pennell, who coordinated the defenses of Hawaii and reported to the military governor.[28] After the war, one of the federal judges for the islands, Judge J. Frank McLaughln, condemned the conduct of martial law, saying, "Gov. Poindexter declared lawfully martial law but the Army went beyond the governor and set up that which was lawful only in conquered enemy territory namely, military government which is not bound by the Constitution. And they ... threw the Constitution into the discard and set up a military dictatorship."[29]

### Russell County, Alabama (1954–55)

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Main article: Declaration of martial law in Russell County, Alabama

Alabama Governor Gordon Persons placed Russell County under martial law in June 1954 due to the pervasive influence of organized crime gangs. The National Guard assumed law enforcement duties in the county for the remainder of the year, shut down gang-controlled establishments, and oversaw the first lawful elections in decades.

### Freedom Riders (1961)

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Main article: Freedom Riders

On May 21, 1961, Governor Patterson of Alabama declared martial law "as a result of outside agitators coming into Alabama to violate our laws and customs" which had led to "outbreaks of lawlessness and mob action."[30] The "outside agitators" were "Freedom Riders", peaceful civil rights activists challenging the already-illegal racial segregation in the South.

### Isla Vista (UCSB) Protests against Vietnam War (1970)

[edit]

In June 1970, martial law was effected in the small university-town of Isla Vista, California next to the University of California at Santa Barbara at the acme of the 1969-1970 student protests against the Vietnam War. Student demonstrations had engendered aggressive police repression, which reached an apex when students burned down the Isla Vista Bank of America building. One student, Kevin Moran, who was working to put out the flames, was shot and killed by police.[31] The demonstrations were inflamed by speeches held by Chicago Seven lawyer William Kunstler. In response, Governor Ronald Reagan deployed the national guard in Isla Vista and effected a 6am to 6pm curfew.[32][33][34][35][36]

### 2007 National Defense Authorization Act

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H.R. 5122, also known as the John Warner National Defense Authorization Act for Fiscal Year 2007 was a bill passed in the United States Congress on September 29, 2006, and signed by President George W. Bush on October 17, 2006, becoming Public Law 109-364. In addition to allocating funding for the armed forces, it also gave the president the power to declare martial law and to take command of the National Guard units of each state without the consent of state governors.[37]

On April 2, 2007, US Senate held hearings about recent changes to the Insurrection Act of 1807, (in Sec 1072 of Defense Authorization Act) where Sen. Patrick Leahy of Vermont sought to reverse the 2006 amendments to the Insurrection Act, which had given the US President new powers to use military for domestic disturbance, terrorism, insurrection, etc, and even changed the name from "Insurrection Act" to "Enforcement of the Laws to Restore Public Order." In the Senate Hearing, Senator Kit Bond testified: "Mr. Chairman, the measure that was included in last year's congressional Defense Authorization Act I think was ill-conceived, unnecessary, and dumb. Even some of the members of the SASC who should have did not know about it. But this is an influential panel, and you know how it has changed the old law, and we now know that all 50 of our Nation's Governors, Adjutants General, and local law enforcement are opposed to it. Nobody knows where it came from. Allowing the President to invoke the Act and declare martial law where public order breaks down as a result of natural disaster, epidemic, terrorist attack, is very ambiguous and gives him broad authority potentially to usurp the role of the Governors".[citation needed]

Based on opposition by Congress, individual state Governors, law enforcement community, and absence of clarity on who even introduced these changes, the 'Enforcement of the Laws to Restore Public Order' law was repealed on January 28, 2008, (based on Sen. Pat Leahy's S. 513 proposal to repeal) and the previous Insurrection Act was restored. As of 2020[update], the Insurrection Act of 1807 still applies in limiting a US President's ability under Title 10 to federalize National Guard troops for martial law purposes.[38]

## References

[edit]

1. ^ Mason, Dave (December 3, 2024). "Martial law declared in South Korea. What is it, and has California ever declared it?". The Desert Sun. Retrieved December 10, 2024.
2. ^ G. Edward White (2012). Law in American History: Volume 1: From the Colonial Years Through the Civil War. Oxford University Press. p. 442. ISBN 978-0-19-972314-0. "As the above details suggest, the imposition of martial law and the suspension of the writ of habeas corpus are related but do not perform identical functions."
3. ^ a b c "Guide to Declarations of Martial Law in the United States".
4. ^ colonial-america.suite101.com/article.cfm/law-that-started-the-american-revolution
5. ^ Steele, Ian (1989). "Governors or Generals?: A Note on Martial Law and the Revolution of 1689 in English America". The William and Mary Quarterly. 46 (2): 304–314\. doi:10.2307/1920256. ISSN 0043-5597. JSTOR 1920256.
6. ^ "OLDSOUTHMEETINGHOUSE.ORG". www.oldsouthmeetinghouse.org. Retrieved 2024-12-03.
7. ^ "The Massachusetts Government Act; May 20, 1774". American Battlefield Trust. Retrieved 2024-12-03.
8. ^ "Dunmore's Proclamation ‑ The Promise, Significance & Impact". HISTORY. 2023-12-15. Retrieved 2024-12-03.
9. ^ "William Tryon (U.S. National Park Service)". www.nps.gov. Retrieved 2024-12-03.
10. ^ "The Battle of New Orleans Reconsidered: Andrew Jackson and Martial Law", Matthew Warshauer, Louisiana History: The Journal of the Louisiana Historical Association, Vol. 39, No. 3 (Summer, 1998), pp. 261–291
11. ^ "A National Hero, the Battle of New Orleans", Andrew Jackson (1767–1845)
12. ^ "Book Review: Andrew Jackson and the Politics of Martial Law: Nationalism, Civil Liberties, and Partisanship." Archived 2012-09-05 at archive.today, American Historical Review, December 2007
13. ^ "Winter 1814: Andrew Jackson declares martial law in New Orleans (U.S. National Park Service)". www.nps.gov. Retrieved 2024-12-03.
14. ^ "United States v. Andrew Jackson (1815) | The Historic New Orleans Collection". www.hnoc.org. Retrieved 2024-12-03.
15. ^ "The Case Against Andrew Jackson | Society for US Intellectual History". 2016-11-02. Retrieved 2024-12-03.
16. ^ Blanchard, Margaret A. (2013-12-19). History of the Mass Media in the United States: An Encyclopedia. Routledge. ISBN 978-1-135-91749-4.
17. ^ "United States v. Andrew Jackson (1815) | The Historic New Orleans Collection". www.hnoc.org. Retrieved 2024-12-03.
18. ^ Roger L Severns (2015). Prairie Justice: A History of Illinois Courts under French, English, and American Law. SIU Press. ISBN 978-0-8093-3370-7.
19. ^ a b Dallin H Oaks; Marvin S Hill (May 1979). Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. University of Illinois Press. p. 16\. ISBN 978-0-252-00762-0.
20. ^ a b Firmage, Edwin Brown; Mangrum, Richard Collin (2001). Zion in the courts. University of Illinois: University of Illinois Press. pp. 114 & 115 of 430 pages. ISBN 0-252-06980-3.
21. ^ "Military Service Records of LDS Men". Genealogy Gateway. 1995. Retrieved 15 June 2009. Paragraph 6.
22. ^ Jeffrey M. Shaw Ph.D.; Timothy J. Demy Ph.D. (27 March 2017). War and Religion: An Encyclopedia of Faith and Conflict. Abc-Clio. p. 367\. ISBN 978-1-61069-517-6.
23. ^ a b c "Proclamation of Governor Young", Leroy R. Hafen & Ann W. Hafen (eds.), Mormon Resistance: A Documentary Account of the Utah Expedition, 1857–1858, p. 65.
24. ^ "Constitutional Topic: Martial Law - The U.S. Constitution Online - USConstitution.net". 23 April 2024.
25. ^ Morris, Roy, Jr. (1992). Sheridan: The Life and Wars of General Phil Sheridan, Crown Publishing, pp. 335–338. ISBN 0-517-58070-5.
26. ^ "Killings, Riots Mark Strikes in Minnesota". 17 April 2024.
27. ^ "Martial Law in Hawaii" (PDF). Archived from the original (PDF) on June 20, 2010. Retrieved June 14, 2010.
28. ^ "Official Orders, Headquarters Hawaii District". Hilo Tribune Herald. Hilo, HI. March 24, 1942. p. 4 – via Newspapers.com.
29. ^ Borreca, Richard (1999-09-13). "Christmas 1941 in Hawaii was not a time to rejoice". Honolulu Star-Bulletin.
30. ^ "Proclamation by Governor John Patterson, declaring a state of martial rule in Montgomery".
31. ^ "50 Years: Isla Vista's Role in the "Countercultural Revolution" | the Daily Nexus". 3 October 2019.
32. ^ "Isla Vista and Baltimore". 16 July 2015.
33. ^ "Isla Vista's Perfect Park: Confessions of a Geography Jailbird | UC Geography".
34. ^ "50 Years: Isla Vista's Role in the "Countercultural Revolution" | the Daily Nexus". 3 October 2019.
35. ^ Griffith, Winthrop (30 August 1970). "The Isla Vista War—Campus Violence in a Class by Itself". The New York Times.
36. ^ "Headline History: Trouble in Paradise: The Isla Vista Riots of 1970 – the UC Santa Barbara Undergraduate Journal of History".
37. ^ Eric Alterman and George Zornick (October 23, 2008). "The Invisible Battle Over Posse Comitatus". Center for American Progress.
38. ^ Vladeck, Steve. "Under the Insurrection Act of 1807, here's what a U.S. president can and cannot do". Washington Post. Retrieved 22 December 2020.

## Further reading

[edit]

* Macomb, Alexander, Major General of the United States Army, The Practice of Courts-Martial, (New York: Harper & Brothers, 1841) 154 pages.
* Macomb, Alexander, Major General of the United States Army, A Treatise on Martial Law, and Courts-Martial as Practiced in the United States. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, 2007). ISBN 978-1-58477-709-0.
* Rehnquist, William H. (1998). All the Laws but One: Civil Liberties in Wartime. New York: William Morrow & Co. ISBN 0-688-05142-1.
* The Concise Oxford Dictionary of Politics. Edited by Iain McLean and Alistair McMillan, Oxford University Press, 2004.
* Black's Law Dictionary: Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. Henry Campbell Black. St. Paul: West Pub. Co., 1979.

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