Cameron Miranda
In the United States, martial law has been declared at least 68 times, with the power to impose it resting with the US President and Congress at the national level, and with state governors within their respective states. West Virginia has a history of labour disputes, including the West Virginia Coal Wars of 1920-1921, which led to the declaration of martial law and the deployment of federal troops to quell striking miners. The state's governor has the authority to impose martial law, as demonstrated in previous instances of civil unrest and natural disasters.
| Characteristics | Values |
|---|---|
| Can West Virginia have martial law? | Yes, martial law has been declared in West Virginia several times. |
| Who can impose martial law? | The US President, US Congress, and state governors can impose martial law. |
| Number of times martial law has been declared in the US | At least 68 times |
| Recent instance of martial law in West Virginia | 2021, when President Warren G. Harding threatened to declare martial law in West Virginia counties affected by violence during the West Virginia Coal Wars |
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What You'll Learn
West Virginia Coal Wars (1920-1921)
In the United States, the power to impose martial law lies with the US President, the US Congress, and the governor of each state. In West Virginia, the governor has imposed martial law on several occasions, including during the West Virginia Coal Wars of 1920-1921.
The West Virginia Coal Wars, also known as the Mine Wars, took place from 1912 to 1921 and centred on a dispute between coal companies and miners. The conflict arose as miners attempted to unionize and demanded better pay, improved working conditions, the right to trade freely, and recognition of the United Mine Workers (UMW). The mining companies responded by hiring armed guards to act as strikebreakers, leading to several armed skirmishes.
During the summer and fall of 1920, the conflict escalated in Mingo County, with the West Virginia government declaring martial law and deploying federal troops to quell the striking miners. An army officer, acting under the Suspension Clause of Article I of the US Constitution, jailed union miners without any trials. This period of military occupation and dictatorship ended with the trial of Sid Hatfield, a union leader who was hailed as a hero by his fellow miners.
In August 1921, the conflict reached a climax with the Battle of Blair Mountain, which took place in Logan County. Around 5,000 to 20,000 miners, led by Bill Blizzard, marched towards Logan County, intending to organize the southern coalfields for the UMW. They were confronted by approximately 2,000 county police, state police, state militia, and strikebreakers under the command of Sheriff Don Chafin. The battle lasted five days and resulted in the intervention of the US Army and Air Corps, ending the open violence of the Mine Wars.
The aftermath of the Battle of Blair Mountain saw over 500 miners and labour activists convicted of various charges, including murder, insurrection, and treason. The trials brought attention to the collaboration between coal companies and state officials to prevent unionization. While the violence had ended, the struggle for unionization continued, with the UMWA eventually achieving success in 1933.
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The US President's authority
The US Constitution does not explicitly grant the US President the power to declare martial law. The Constitution also does not define martial law. Instead, its use throughout history has defined its application and limits. Generally speaking, it refers to when the military temporarily substitutes its authority in place of civilian authority.
Some scholars believe the president has the executive power to declare martial law. Others argue that the president needs congressional authorization to impose martial law in a civilian area. Congress may be the only governmental branch that can legally declare martial law, and the president can only act according to its action. The Supreme Court has never specifically ruled that the president or federal government can declare martial law.
In 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri. The authorizing act allowed the President to suspend habeas corpus and civil rights throughout the entire United States. 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, and in 1866, the Supreme Court ruled that Lincoln's imposition of martial law was unconstitutional in areas where the local courts were still in session.
In 2006, the US Congress passed the John Warner National Defense Authorization Act, which 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. However, this law was repealed in 2008 due to opposition from Congress, individual state governors, and law enforcement.
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State officials' authority
In the United States, martial law has been declared at least 68 times, including three times in West Virginia. While the US President does not have the authority to declare martial law, the US Congress and state officials do have the power to impose it. In nearly every state, the governor has the power to impose martial law within the borders of the state.
In West Virginia, martial law was declared by the governor in 1912, 1913, and 1920-1921. In 1912, Governor William E. Glasscock declared martial law in response to the Paint Creek-Cabin Creek Strike, sending 1,200 state troops to confiscate weapons and ammunition and quell rising tensions between miners and mining companies. The declaration of martial law reduced armed conflict in the winter of 1912-1913.
In 1913, martial law was again declared by Governor Glasscock, in response to the ongoing strike. This time, civilians were tried by a military tribunal.
In 1920, the West Virginia government declared martial law and sent federal troops to quell the strike, but backed down under the threat of a general strike of all union coal miners in the state. In 1921, President Warren G. Harding threatened to declare martial law in the counties of West Virginia affected by violence if the armed bands of miners did not disperse. This led to the arrival of 2,500 federal troops and the end of the battle.
State officials have the authority to declare martial law in response to violent civil unrest or natural disasters, such as the Akron Riot of 1900 or the 1900 Galveston hurricane. They can also use it to break labor strikes, as was the case in West Virginia. However, their actions under the declaration must abide by the US Constitution and are subject to review in federal court.
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History of martial law in the US
Martial law in the United States refers to times when a region, state, city, or the entire nation was placed under the control of a military body. The US President and Congress have the power to impose martial law nationally, and within each state, the governor can impose martial law within their borders.
The concept of martial law has been historically mired in confusion, and the Supreme Court has never explained the legal basis for it. The Court has, however, implied that the federal government can declare it, and has suggested that a federal martial law power was "implied in sovereignty" or justified by "necessity". Despite this, the President lacks the authority to unilaterally declare martial law.
Martial law has been declared at least 68 times in US history, often in limited, local areas. It has been used in a variety of circumstances, such as after natural disasters, during riots and civil unrest, and in response to labour strikes. Some notable instances include:
- Boston (1774): Following the Boston Tea Party, the British Parliament passed the Intolerable Acts, placing Boston under martial law by closing its port and restricting town meetings.
- Virginia (1775): The royal governor, Lord Dunmore, declared martial law and offered freedom to enslaved individuals who joined British forces against the rebelling colonists.
- New Orleans during the Battle of New Orleans.
- The Great Chicago Fire of 1871.
- The 1906 San Francisco earthquake.
- The Omaha race riot of 1919.
- The Lexington riots of 1920.
- The West Virginia Coal Wars (1920-1921).
- The 1934 West Coast waterfront strike.
- The Illinois Mormon War.
- The Utah War.
- The Civil Rights Movement in response to the Cambridge riot of 1963.
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Legal principles and precedent
The US President and Congress have the power to impose martial law, as they can be in charge of the militia. However, the Brennan Center asserts that the president lacks the authority to declare martial law, and Congress has not been given this power conclusively. State officials and governors have the power to declare martial law within their state borders, and their actions must abide by the US Constitution and are subject to review in federal court.
Martial law has been declared at least 68 times in the US, often in response to labour disputes, riots, and civil unrest. For example, in 1892, the governor of Idaho declared martial law in response to striking mineworkers who blew up a mill and killed one person. In 1934, the governor of Minnesota declared martial law in response to escalating violence during the Minneapolis general strike.
In the case of West Virginia, martial law was declared by Governor Cornwell during the West Virginia Coal Wars of 1920-1921. Federal troops were dispatched to Mingo County to deal with striking miners, and the army officer in charge acted under the Suspension Clause of Article I of the US Constitution. This resulted in the jailing of union miners without trial and a "veritable military dictatorship", according to Governor Cornwell.
The historical use of martial law in the US is poorly documented and under-studied, leading to confusion and a lack of clear legal precedent. The sparse and inconsistent Supreme Court precedent on martial law is too old to provide any certainty, and the exact scope and limits of martial law remain unclear.
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Frequently asked questions
Yes, martial law has been declared in West Virginia several times. Some instances include the Paint Creek-Cabin Creek Strike of 1912, the West Virginia Coal Wars (1920-1921), and the West Virginia Mine War.
The governor of a state has the power to impose martial law within the borders of that state. In the case of West Virginia, the governor can declare martial law.
The US President does not have the authority to unilaterally declare martial law. Congress may be able to authorize a presidential declaration of martial law, but this has not been conclusively decided.
Martial law has been declared in response to violent civil unrest, natural disasters, or to break labor strikes. In West Virginia, it has been declared primarily to quell civil unrest and violent strikes by miners.
Martial law has been declared at least 60-68 times in the history of the United States, including during the Civil War and in the years following up to World War II.
