Cameron Miranda
West Virginia has a history of labour disputes, including the West Virginia Coal Wars, which took place between 1920 and 1921. During this time, martial law was declared in the state, with federal troops being dispatched to Mingo County to deal with the striking miners. The state governor has the power to impose martial law within the borders of the state in the event of an invasion, insurrection, rebellion, riot, flood, or other public disaster or emergency. In the past, martial law has been imposed in the US during civil unrest or natural disasters, and to break labour strikes.
| Characteristics | Values |
|---|---|
| Who can impose martial law in West Virginia? | The governor of West Virginia can impose martial law within the borders of the state. |
| Who can impose martial law in the U.S.? | The U.S. President and the U.S. Congress can impose martial law within certain constraints. |
| Who can impose martial law in the U.S. at the state level? | State officials can impose martial law in their respective states. |
| Who cannot impose martial law in the U.S.? | The U.S. President cannot impose martial law. |
| What is martial law? | Martial law is a state of exception where military authority takes over the functions of civil government. |
| Has martial law been imposed in West Virginia before? | Yes, martial law was imposed in West Virginia during the West Virginia Coal Wars (1920-1921). |
| What are some examples of when martial law has been imposed in the U.S.? | The U.S. has imposed martial law during the Civil War, the Battle of New Orleans, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, the Omaha race riot of 1919, the West Coast waterfront strike of 1934, and the Civil Rights Movement. |
| What are some reasons for imposing martial law? | Martial law can be imposed in response to violent civil unrest, natural disasters, or to break labor strikes. |
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What You'll Learn
West Virginia Coal Wars (1920-1921)
In the United States, martial law has been declared at least 68 times. Both the US President and the US Congress have the power to impose martial law, and in most states, the governor also has the power to impose it within the borders of the state.
During the West Virginia Coal Wars (1920-1921), also known as the Mine Wars, martial law was declared in the state of West Virginia. The conflict arose out of a dispute between coal companies and miners, who were attempting to unionize under the United Mine Workers (UMW). The coal companies refused to meet the workers' demands and instead hired Baldwin-Felts agents to guard the mines and act as strikebreakers. The miners were either evicted from their company-owned homes or chose to leave, moving into coal camps supported by the Union.
On May 19, 1920, a shootout in Matewan, West Virginia, between Baldwin-Felts agents and local miners sparked what became known as the Battle of Blair Mountain. This conflict is considered the largest insurrection in the United States since the American Civil War. The West Virginia government declared martial law and sent federal troops to quell the strike, but they backed down under the threat of a general strike of all union coal miners in the state.
The culmination of the West Virginia Mine Wars began in late August 1921, when thousands of pro-union miners marched from Marmet, just outside Charleston, towards Mingo County, to free the confined miners, end martial law, and organize the county. This required them to pass through Logan County via Blair Mountain, which was under the control of the anti-union Sheriff Don Chafin. Chafin assembled a force of approximately 2,000 county police, state police, state militia, and Baldwin-Felts agents, equipped with machine guns and rented aircraft. Facing this formidable opposition, the miners began to arrive in the mountains surrounding Logan, and the fighting commenced.
On August 30, 1921, President Warren G. Harding threatened to declare martial law in the West Virginia counties affected by the violence if the armed miners did not disperse. The union leaders ignored the order, and 2,500 federal troops arrived on September 2, bringing advanced weaponry and military aircraft. Outmatched, the miners were forced to stand down. The Battle of Blair Mountain marked the end of open violence, but the struggle for miners' rights continued, with over 500 miners facing charges of treason, murder, and conspiracy in the Spring of 1922.
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Governor Cornwell's role
John Jacob Cornwell, the 15th governor of West Virginia, served from 1917 to 1921. During his term, West Virginia experienced growing labor unrest in the coal industry of southern West Virginia, which culminated in the West Virginia Coal Wars of 1920-1921.
In the summer and fall of 1920, miners and mine guards engaged in several armed skirmishes over the closure of coal mines and access to rail routes. This unrest led to the declaration of martial law in West Virginia, with federal troops being dispatched to Mingo County to deal with the striking miners. Governor Cornwell played a key role in this decision, requesting federal assistance to quell the unrest. The army officer in charge, acting under the Suspension Clause of Article I of the US Constitution, jailed union miners without any form of trial.
It is worth noting that the imposition of martial law during the West Virginia Coal Wars was not an isolated incident in US history. Martial law has been declared at least 68 times across the country, often in response to labor disputes, riots, and natural disasters. The governor of a state typically has the authority to impose martial law within its borders, as was the case with Governor Cornwell in West Virginia.
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Miners' arrests and releases
West Virginia has a history of labour disputes in the coal mining industry, which has led to violent confrontations and the declaration of martial law on several occasions. The West Virginia Coal Wars, which took place between 1920 and 1921, were a series of early 20th-century labour disputes in Appalachia, with miners fighting for unionization and better working conditions.
During the West Virginia Coal Wars, miners were arrested, jailed, and released without any sort of trial. The jails filled up so quickly that the army officer in charge had to release some miners. The army officer, acting under the Suspension Clause of Article I of the United States Constitution, jailed only union miners and did not allow any assembly. The declaration of martial law and the presence of federal troops quelled the strike, but the troops also backed down under the threat of a general strike of all union coal miners in West Virginia.
In September 1912, approximately 6,000 unionized miners from across the Kanawha River threatened to kill mine guards and destroy company operations. This led to the Governor, William E. Glasscock, proclaiming martial law and sending 1,200 state troops to confiscate weapons and ammunition, seizing 1,872 rifles, 556 pistols, 6 machine guns, 225,000 rounds of ammunition, and 480 blackjacks, as well as daggers, bayonets, and brass knuckles. This declaration of martial law reduced armed conflict in the winter of 1912-1913.
In August 1921, President Warren G. Harding threatened to declare martial law in the counties of Fayette, Kanawha, Logan, Boone, and Mingo if the armed bands of miners did not disperse. A proclamation was signed and troops were readied, but the union leaders ignored the order. Around 2,500 federal troops arrived, bringing machine guns and military aircraft, which forced the miners to stand down.
The Battle of Blair Mountain, sparked by a shootout between local miners and agents of the Baldwin-Felts agency in Matewan, West Virginia, in May 1920, was the largest insurrection in the United States since the American Civil War. It brought attention to the miners' cause and led to a change in union tactics, eventually resulting in a larger organized labour victory during the New Deal in 1933.
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President Warren G. Harding's involvement
On August 24, 1921, between 5,000 and 20,000 miners began marching from Lens Creek into Logan County, West Virginia. The miners were armed, and some acquired weapons and ammunition from the towns along the march route. In response, Logan County Sheriff Don Chafin assembled a force of approximately 2,000 county police, state police, state militia, and Baldwin-Felts agents to stop the miners in the mountain range surrounding Logan County. The two forces clashed near Blair Mountain, and although the miners were outnumbered, they were better equipped, with machine guns and rented aircraft from which they dropped bombs on their attackers.
On August 30, 1921, President Warren G. Harding threatened to declare martial law in the counties of West Virginia affected by the violence if the armed miners did not disperse by noon on September 1. A proclamation to declare martial law in the West Virginia counties of Fayette, Kanawha, Logan, Boone, and Mingo was signed by President Harding, awaiting his order to be promulgated. In response to the threat of martial law, the union leaders backed down.
On September 2, 1921, 2,500 federal troops arrived, bringing with them machine guns and military aircraft armed with bombs. Facing a large and well-equipped fighting force, the miners were forced to stand down, and the Battle of Blair Mountain came to an end. Although President Harding had threatened to declare martial law, he ultimately declined to do so.
The Battle of Blair Mountain was the largest insurrection in the United States since the American Civil War and the largest labor uprising in American history. The miners were protesting against dangerous work conditions, poor housing, and low wages, among other grievances. The battle resulted in an unclear number of deaths, although estimates suggest that about 16 miners lost their lives, with many more displaced by evictions and violence.
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The US President's power to impose martial law
The power of the US President to impose martial law is a complex and unresolved issue. While some scholars believe the president has the executive power to declare martial law, others argue that congressional authorization is required for the president to impose it in civilian areas. The Posse Comitatus Act, enacted by Congress in 1878, prevents the US military from engaging in civilian law enforcement activities, reinforcing the separation of powers between Congress and the president.
The US Constitution does not explicitly grant the president the power to declare martial law, and the Supreme Court has never ruled that the president or federal government can do so. The Constitution gives Congress the authority to regulate the domestic deployment of the military, and comprehensive legislation has been enacted in this area, but it does not include authorization for the president to impose martial law. Even if Congress were to provide authorization, the Supreme Court has not conclusively decided that the federal government has the constitutional authority to declare martial law.
However, there have been instances where presidents have used the military within US borders, such as during the Whiskey Rebellion and when President Lincoln suspended habeas corpus in 1861 to arrest members of the Maryland state assembly. In 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri, suspending habeas corpus and civil rights. This use of martial law was later deemed unconstitutional by the Supreme Court in Ex parte Milligan (1866) when local courts were still operational.
The Insurrection Act of 1807 allows the president to deploy military forces to suppress rebellions and assist local law enforcement in addressing domestic violence. In 2006, the John Warner National Defense Authorization Act further expanded the president's powers by granting the authority to declare martial law and take command of National Guard units without state governors' consent. This expansion of powers was controversial, and attempts were made in the Senate to reverse these amendments.
While the president's power to impose martial law is subject to debate, it is clear that such power, if it exists, would have to be exercised within the bounds of the Constitution, with the military's actions being subject to judicial review.
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Frequently asked questions
Yes, martial law has been declared in West Virginia several times, including during the West Virginia Coal Wars (1920-1921) and the Paint Creek-Cabin Creek Strike of 1912.
In nearly every state, the governor has the power to impose martial law within the borders of the state. In West Virginia, the governor can declare martial law in the event of an "invasion, insurrection, rebellion or riot, flood or other public disaster or emergency." The US President does not have the authority to declare martial law, but Congress might be able to authorize a presidential declaration.
During martial law, certain constitutional rights are suspended, and military authority is imposed. This can include curfews, restrictions on assembly, and the deployment of federal troops.
