Anonymous Martial Law Is A Certainty And A Brief History Of Martial Law In The U.S.
Thursday, March 7, 2013 9:41
<iframe width="560" height="315" src="http://www.youtube.com/embed/mcbWPHTF2Us" frameborder="0" allowfullscreen></iframe>
Martial Law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis.Martial law is usually imposed on a temporary basis when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, or provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread.
In most of the cases, military forces are deployed to subdue the crowds, to secure government buildings and key or sensitive locations, and to maintain order.[1] Generally, military personnel replace civil authorities and perform some or all of their functions. In full-scale martial law, the highest-ranking military officer would take over, or be installed, as the military governor or as head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government.
Martial law can be used by governments to enforce their rule over the public. Such incidents may occur after a coup d'état (such as Thailand in 2006); when threatened by popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition (Poland in 1981); to stabilize insurrections or perceived insurrections (Canada, The October Crisis of 1970). Martial law may be declared in cases of major natural disasters, however most countries use a different legal construct, such as a state of emergency.
Martial Law and U.S. History
The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. 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."
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. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.
At least two American lawmakers have stated on the record that, in their opinion, Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 legalizes or authorizes martial law in the United States. Senator Mark Udall stated "These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect...Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil."
Throughout United States history are several examples of the imposition of martial law, aside from that during the Civil War.
There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the civil rights crises, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law.[citation needed]
The American Revolution
As a result of the Boston Tea Party, Parliament passed the Massachusetts Government Act, one of the Intolerable Acts, which suppressed town meetings and assemblies, and imposed appointed government, tantamount to martial law.
This iconic 1846 lithograph by Nathaniel Currier was entitled "The
Destruction of Tea at Boston Harbor"; the phrase "Boston Tea Party" had
not yet become standard. Contrary to Currier's depiction, few of the men
dumping the tea were actually disguised as Indians
New Orleans, Louisiana in the War of 1812
During the War of 1812, US General Andrew Jackson imposed martial law in New Orleans, Louisiana before repulsing the British in the Battle of New Orleans. Martial law was also imposed in a four mile radius around the vicinity. When word came of the end of the war, Jackson maintained martial law, contending that he had not gotten official word of the peace. A judge demanded habeas corpus for a man arrested for sedition. Rather than comply with the writ, Jackson had the judge arrested.
Ex parte Milligan
On September 15, 1863 President Lincoln imposed Congressionally authorized martial law.[citation needed] The authorizing act allowed the President to suspend habeas corpus 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.
Lambdin P. Milligan
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
Aftermath of the fire, corner of Dearborn and Monroe Streets, 1871
Coeur d'Alene, Idaho, 1892
In 1892, in Coeur d'Alene, Idaho, rebellious mine workers 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 ring leaders who were tried in military court. While in prison, the mine workers formed a new union, the Western Federation of Miners.
Coeur d'Alene, Idaho, 1892
In 1892, in Coeur d'Alene, Idaho, rebellious mine workers 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 ring leaders who were tried in military court. While in prison, the mine workers formed a new union, the Western Federation of Miners.
San Francisco earthquake of 1906
Following the earthquake of 1906, the troops stationed in the Presidio were pressed into martial law service. Guards 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. Troops were ordered to shoot looters.
Stockton Street from Union Square, looking toward Market Street
Colorado Coalfield War
In 1914, imposition of martial law climaxed the so-called 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.
Colorado Coalfield War
In 1914, imposition of martial law climaxed the so-called 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.
West Virginia Coal Wars
During the events of the West Virginia Coal Wars (1920-1921), martial law was declared on 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. Army officer in charge removed the constitution (selectively; accounts show that he only jailed union miners), and did not allow assembly of any kind. If his soldiers found any 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.
Coal miners displaying a bomb that was dropped during the Battle of Blair Mountain in 1921.
Tulsa Race Riot
In 1921, during the Tulsa race riot, the Oklahoma National Guard declared martial law.
Buildings burning in the Tulsa Race Riot
San Francisco, California, 1934
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 city-wide 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 civil courts.
The Territory of Hawaii
During World War II (1939 to 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. Many Hawaiians were, and are, of Asian descent, and the loyalty of these people was called into question. After the war, the federal judge for the islands 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."
Martial law has also been imposed during conflicts and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include post World War II reconstruction in Germany and Japan as well as the southern reconstruction following the U.S. Civil War.
Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunal (court-martial).
U.S. Military and U.S. Population
The military of the United States is deployed in more than 150 countries around the world, with 172,966 of its 1,372,522 active-duty personnel serving outside the United States and its territories.
As of March 1, 2013, the United States had a total resident population of 315,446,000, making it the third most populous country in the world. It is a very urbanized population, with 82% residing in cities and suburbs as of 2008 (the worldwide urban rate is 50.5%. This leaves vast expanses of the country nearly uninhabited. California and Texas are the most populous states, as the mean center of United States population has consistently shifted westward and southward. New York City is the most populous city in the United States There are 151 million men in the U.S. Male citizens outnumber military 116 to 1.
U.N. Peacekeeping Forces If martial law were to ever come to the U.S. one force you probably don't have to worry about is U.N. Peacekeepers. Their force is relatively small and already spread through out the world.
In 1921, during the Tulsa race riot, the Oklahoma National Guard declared martial law.
Buildings burning in the Tulsa Race Riot
San Francisco, California, 1934
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 city-wide 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 civil courts.
The Territory of Hawaii
During World War II (1939 to 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. Many Hawaiians were, and are, of Asian descent, and the loyalty of these people was called into question. After the war, the federal judge for the islands 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."
Martial law has also been imposed during conflicts and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include post World War II reconstruction in Germany and Japan as well as the southern reconstruction following the U.S. Civil War.
Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunal (court-martial).
U.S. Military and U.S. Population
The military of the United States is deployed in more than 150 countries around the world, with 172,966 of its 1,372,522 active-duty personnel serving outside the United States and its territories.
As of March 1, 2013, the United States had a total resident population of 315,446,000, making it the third most populous country in the world. It is a very urbanized population, with 82% residing in cities and suburbs as of 2008 (the worldwide urban rate is 50.5%. This leaves vast expanses of the country nearly uninhabited. California and Texas are the most populous states, as the mean center of United States population has consistently shifted westward and southward. New York City is the most populous city in the United States There are 151 million men in the U.S. Male citizens outnumber military 116 to 1.
U.N. Peacekeeping Forces If martial law were to ever come to the U.S. one force you probably don't have to worry about is U.N. Peacekeepers. Their force is relatively small and already spread through out the world.
No comments:
Post a Comment