Gavin Howe
Martial law is a state of temporary military rule that is imposed during emergencies, such as natural disasters, invasions, or riots. While the exact origins of the term are unknown, it is derived from Mars, the ancient Roman god of war. The first instance of martial law was imposed in New York in 1776 after the British captured the city to restore order and assert authority. During this time, military commanders took control of the city's administration, and Governor William Tryon's powers were limited. Since then, martial law has been imposed in various countries, including Taiwan, Pakistan, and the United States, where it has been declared over 60 times.
| Characteristics | Values |
|---|---|
| First instance of martial law | New York, 1776 |
| Reason | To restore order and assert British authority after the British capture of New York City |
| Imposed by | Governor William Tryon |
| Powers | Military commanders took control of the city's administration |
| Other measures | Strict curfews and travel restrictions |
| --- | --- |
| First civilian martial law | Pakistan, 1971 |
| Imposed by | Zulfikar Ali Bhutto |
| --- | --- |
| Longest period of martial law in modern history | Syria (1967-2011) |
| Second longest period of martial law | Taiwan (1947-1987) |
| --- | --- |
| Martial law in the US | Declared over 60 times |
| Instances of martial law by US presidents | Abraham Lincoln during the Civil War; Franklin Roosevelt during World War II; George W. Bush |
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What You'll Learn
The first instance of martial law was imposed in New York in 1776
During this period, the British Army effectively controlled law enforcement, despite General Howe establishing an American-staffed police force. The occupation was marked by rampant looting, a thriving red-light district catering to soldiers, and a bustling underground market. The complex web of loyalties and family, political, and mercantile ties within the city were strained by the presence of two armies and the imposition of wartime regulations.
The British occupation of New York City transformed it into a stronghold for Loyalists faithful to the British Crown. Following the American victory at Saratoga in October 1777, many sought refuge in the city, further solidifying British control. The imposition of martial law during this period demonstrates the British authorities' efforts to maintain control and suppress colonial resistance.
The end of the British occupation in November 1773 marked a turning point in American history. The reclamation of New York City by American forces, led by George Washington and Governor George Clinton, symbolized the city's resilience and strategic importance during the Revolutionary War.
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Martial law was imposed in Taiwan in 1947
In 1945, following Japan's defeat in World War II, the Republic of China occupied Taiwan on behalf of the Allies. Two years later, in 1947, martial law was imposed in Taiwan for the first time. This period of martial law was enacted by Chen Yi, Chief Executive of Taiwan Province, on 28 February 1947, in response to the February 28 Incident, a wide protest against the economic collapse caused by the Kuomintang's occupation administration. It was lifted just a few days later on 2 March 1947, at the request of members of the Taiwan Representative Council and the National Assembly, who hoped to ease tensions.
However, the tensions of the February 28 Incident caused the Republic of China to reform the Taiwan Provincial Government. Chen Yi enacted a second period of martial law on 9 March 1947. This period of martial law was fully repressed by 16 May 1947, when Wei Tao-ming, the first Chairman of the Taiwan Provincial Government, lifted it.
The period between 1947 and 1949, when the Kuomintang retreated from mainland China to Taiwan, is known as the White Terror Period. It was marked by the political repression of Taiwanese civilians and political dissenters under the Kuomintang-led government. Basic human rights and the right to privacy were disregarded, with mass pervasive monitoring, sham criminal cases, and the labelling of individuals as communist spies or Taiwanese separatists. It is estimated that about 3,000 to 4,000 civilians were executed during this period.
In 1948, the newly elected National Assembly passed the Temporary Provisions against the Communist Rebellion as a constitutional amendment, providing a legal basis for the martial law in effect between 1948 and 1987. On 10 December 1948, President Chiang Kai-shek enacted the first declaration of nationwide martial law, excluding Sinkiang, Xikang, Qinghai, the Tibet Area, and Taiwan.
The outbreak of the Chinese Civil War in 1949 led to the declaration of martial law in Taiwan Province on 19 May 1949. This order was enacted by Chen Cheng, who served as the chairman of the Taiwan Provincial Government and commander of the Taiwan Garrison Command. The negotiations between the Kuomintang and the Chinese Communist Party failed, and Acting President Li Zongren enacted the second declaration of nationwide martial law on 7 July 1949.
Martial law in Taiwan lasted for over 38 consecutive years, from 20 May 1949 until 14 July 1987, when it was lifted by a presidential order from President Chiang Ching-kuo. Taiwan's period of martial law was one of the longest in modern history, only surpassed by Syria's from 1967 to 2011.
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Zulfikar Ali Bhutto imposed civilian martial law in Pakistan in 1971
Zulfikar Ali Bhutto was a Pakistani barrister, politician, and statesman. He served as the fourth president of Pakistan from 1971 to 1973 and later as the prime minister of Pakistan from 1973 until 1977. He was also the founder and first chairman of the Pakistan People's Party (PPP) from 1967 until his execution in 1979.
Bhutto imposed civilian martial law in Pakistan in 1971. On December 18, 1971, Bhutto returned to Pakistan from New York City, where he had been presenting Pakistan's case before the United Nations Security Council on the East Pakistan Crisis. On December 20, he took over two positions from Yahya Khan: president and the first civilian Chief Martial Law Administrator. Bhutto addressed the nation through radio and television, stating that Pakistan was facing the worst crisis in its history.
Bhutto's imposition of civilian martial law came after the Bangladesh Liberation War and the secession of East Pakistan to form Bangladesh. He imposed selective martial law in areas hostile to his rule, such as Balochistan, the country's largest province. This was the third martial law imposed in Pakistan, after the first two instances in 1958 and 1969. Pakistan has spent several decades under military rule, including the periods from 1958 to 1971, 1977 to 1988, and 1999 to 2008.
In 1977, Bhutto faced opposition and demands for his ouster after the national elections, which his opponents claimed were rigged. Labor unions organized strikes, and there were calls for Bhutto's resignation. Under pressure, Bhutto imposed martial law in three cities, including the Punjab provincial capital, Lahore, and Karachi, where industrial strikes had taken place. However, the imposition of martial law did not deter the opposition, and Bhutto was ultimately overthrown in a military coup by General Muhammad Zia-ul-Haq on July 5, 1977.
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Abraham Lincoln imposed martial law during the Civil War
In 1862, Lincoln issued Proclamation 94, which extended the use of martial law to "all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia draft or guilty of any disloyal practice". This proclamation allowed for the use of military tribunals instead of civilian courts to try suspected Confederate sympathisers.
On September 15, 1863, Lincoln imposed Congressionally authorised martial law on Kentucky, Maryland and Missouri. This authorising act allowed Lincoln 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 draft dodgers.
The Supreme Court later ruled that Lincoln's imposition of martial law was unconstitutional in areas where the local courts were still operational.
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Hitler imposed martial law in Germany in 1933
On February 27, 1933, the German Reichstag (parliament) building in Berlin was set on fire. Hitler seized on the Reichstag fire to stoke fears of a communist takeover, immediately blaming the Communist Party of Germany (KPD) for the arson. He persuaded President Paul von Hindenburg to enact the Reichstag Fire Decree, which went far beyond the typical scope of martial law.
The Reichstag Fire Decree, issued on February 28, 1933, nullified many of the key civil liberties of German citizens, including freedom of speech, freedom of the press, the right to assemble, the right to due process, and postal and telegraphic privacy. The decree also established the death penalty for a wide range of offenses, including assaults on the President or members of the Cabinet. It formed the basis for Hitler's dictatorship, allowing him to rule under what amounted to martial law.
Hitler and the Nazis used intimidation and persecution to ensure the passage of the Enabling Act of 1933, which gave his cabinet the power to decree laws without the approval of the Reichstag, effectively granting Hitler dictatorial powers. The Enabling Act completed the effect of the Reichstag Fire Decree, transforming Hitler's government into a legal dictatorship and laying the groundwork for his totalitarian regime.
Hitler's rise to power in Germany was marked by his talent for oratory, which attracted a growing membership to the National Socialist Workers' Party (NSDAP). He rode a wave of populist resentment towards the failures of World War I and severe economic hardship, blaming Germany's problems on Jewish conspirators and communists. By 1933, Hitler and the Nazi Party had risen to share rule under a coalition government.
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Frequently asked questions
The first imposition of martial law in the US was in New York in 1776, after the British captured the city.
Abraham Lincoln was the first president to impose martial law in the US during the Civil War.
The first imposition of martial law in Asia was in Taiwan in 1947, following the February 28 incident.
During the colonial era, martial law was first imposed in the territory of Quebec during the American Revolutionary War in 1775-1776.
The first imposition of martial law in Europe was in Germany in 1933, after the Reichstag fire.
