Summary: Martial law has been declared at least 68 times in the United States. This guide explains when, where, and why.
Published: August 20, 2020 Viewing PrefaceMartial law has long been mired in confusion in the United States, but that has not always stopped state and federal officials from declaring it. Indeed, the Brennan Center has identified 68 declarations of martial law across U.S. history. Our research into these events is presented in the appendix below. It accompanies our report on martial law, which delves into the history of the concept and the legal principles that govern it.
We have organized the appendix by category based on the type of event that precipitated martial law. For each entry, we have included key information about the declaration such as the date, duration, location, related litigation, and who issued it. Unfortunately, the historical use of martial law in the United States is poorly documented and under-studied. For this reason, some of the entries in the appendix are incomplete. We have also chosen to exclude any event where there is any doubt as to whether martial law was declared. For a downloadable Excel version of the appendix with sourcing, click here.
Covered Area: New Orleans, Lousiana
State or Federal: Federal
Duration: December 12, 1814 – March 13, 1815 (3 months)
Precipitating Event: Battle of New Orleans during the War of 1812
Declaring Authority: Gen. Andrew Jackson
Terminating Authority: Gen. Andrew Jackson
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: Habeas and contempt proceedings in the federal district court in New Orleans
Notes: This was the first declaration of martial law in U.S. history.
Covered Area: Hawaii Territory
State or Federal: Federal
Duration: December 7, 1941 – October 24, 1944 (2 years, 10 months, 17 days)
Precipitating Event: Attack on Pearl Harbor during World War II
Declaring Authority: Gov. J. B. Poindexter and Lt. Gen. Walter C. Short (declaration approved by Pres. Franklin Roosevelt)
Terminating Authority: Pres. Franklin Roosevelt
Relevant Presidential Proclamations or Executive Orders: Proclamation No. 2627 (1944)
Civilians Tried by Military Tribunal? Yes
Related Litigation: Duncan v. Kahanamoku, 327 U.S. 304 (1946); Ex parte Zimmerman, 132 F.2d 442 (9th Cir. 1942), cert. denied “on the ground that the cause is moot,” 319 U.S. 744 (1943); Ex parte Spurlock, 66 F. Supp. 997 (D. Haw. 1944), rev’d Steer v. Spurlock, 146 F.2d 652 (9th Cir. 1944), cert. denied ”on the ground that the cause is moot," 324 U.S. 863 (1945); Ochikubo v. Bonesteel, 60 F. Supp. 916 (S.D. Cal. 1945); Kam Koon Wan v. E.E. Black, Ltd., 75 F. Supp. 553 (D. Haw. 1948)
Covered Area: Rhode Island
State or Federal: State
Duration: June 25, 1842 – May 1843 (11 months)
Precipitating Event: Dorr War
Declaring Authority: Rhode Island General Assembly (Charter government)
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Notes: This was the first time that the U.S. Supreme Court upheld a declaration of martial law. The state of martial law appears to have been terminated by operation of law when Rhode Island adopted a new constitution in May 1843.
Covered Area: Utah Territory
State or Federal: See notes
Duration: September 15, 1857 – June 12, 1858 (9 months)
Precipitating Event: Utah War
Declaring Authority: Gov. Brigham Young
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Notes: Although Governor Young declared martial law under color of his authority as the territorial governor, he did so in order to facilitate armed resistance to approaching federal troops. Hostilities in Utah ended on June 12, 1858, when Young accepted President James Buchanan’s pardon and was removed from power. It does not appear that a formal proclamation ending martial law was ever promulgated.
Covered Area: Missouri
State or Federal: Federal
Duration: August 30, 1861 (August 14, 1861 in St. Louis only) – March 17, 1865 (4 years)
Precipitating Event: Camp Jackson Affair and ongoing Confederate insurgency during the U.S. Civil War
Declaring Authority: Gen. John C. Fremont
Terminating Authority: Gen. John Pope
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Clark v. Dick, 5 F. Cas. 865 (C.C.D. Mo. 1870)
Notes: U.S. Army Gen. John C. Fremont declared martial law in St. Louis on August 14, 1861, and then throughout Missouri on August 30. Fremont was soon relieved of command for insubordination. His successor, Gen. Henry W. Halleck, believed that Fremont had lacked the authority to declare martial law, and he refused to enforce it until he received written authorization to do so from President Abraham Lincoln in December 1861.
Covered Area: United States
State or Federal: Federal
Duration: September 24, 1862 – August 20, 1866 (4 years)
Precipitating Event: U.S. Civil War
Declaring Authority: Pres. Abraham Lincoln
Terminating Authority: Pres. Andrew Johnson
Relevant Presidential Proclamations or Executive Orders: Proclamation 94 (1862); Proclamation 157 (1866)
Civilians Tried by Military Tribunal? Yes
Related Litigation: Ex parte Milligan, 71 U.S. 2 (1866); Ex parte Benedict, 3 F. Cas. 159 (N.D.N.Y. 1862); Ex parte Field, 9 F. Cas. 1 (C.C.D. Vt. 1862); Ex parte Vallandingham, 28 F. Cas. 874 (C.C.S.D. Ohio 1863)
Notes: Rather than declaring martial law over a particular area, Proclamation 94 applied 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 affording aid and comfort to rebels against the authority of the United States.”
Covered Area: Kentucky
State or Federal: Federal
Duration: July 5, 1864 – October 12, 1865 (1 year, 3 months)
Precipitating Event: U.S. Civil War
Declaring Authority: Pres. Abraham Lincoln
Terminating Authority: Pres. Andrew Johnson
Relevant Presidential Proclamations or Executive Orders: Proclamation 113 (1864); Proclamation 146 (1865)
Civilians Tried by Military Tribunal? Unclear
Covered Area: Caswell and Alamance counties, North Carolina
State or Federal: State
Duration: July 8, 1870 – November 10, 1870 (4 months)
Precipitating Event: Kirk-Holden War
Declaring Authority: Gov. William Holden
Terminating Authority: Gov. William Holden
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Fort Bend County, Texas
State or Federal: State
Duration: August 16, 1889 – Unclear (“Several days”)
Precipitating Event: Jaybird-Woodpecker War
Declaring Authority: Gov. Lawrence Sullivan Ross
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: New Orleans, Louisiana
State or Federal: Federal
Duration: July 30, 1866 – Unclear (See notes)
Precipitating Event: New Orleans massacre of 1866
Declaring Authority: See notes
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Notes: Gen. Absalom Baird initially declared martial law on July 30, 1866. President Andrew Johnson publicly disapproved of but did not overrule this decision. On August 3, the decision to impose martial law was ratified and extended by Gen. Ulysses Grant on the recommendation of Gen. Philip Sheridan, after the latter arrived in the city and determined that Baird’s actions were entirely justified under the circumstances. Martial law was later ratified and extended again by President Johnson on August 7.
It is not clear when martial law ended in New Orleans. It may have continued up until 1867, when Radical Reconstruction and congressionally administered military rule began.
Covered Area: Seattle, Washington Territory
State or Federal: Federal
Duration: February 8, 1886 – February 22, 1886 (15 days)
Precipitating Event: Anti-Chinese rioting
Declaring Authority: Gov. Watson Squire
Terminating Authority: Gov. Watson Squire
Relevant Presidential Proclamations or Executive Orders: See notes
Civilians Tried by Military Tribunal? No
Notes: President Grover Cleveland issued a proclamation to disperse under the Insurrection Act on February 9. See Proclamation 275 (1886). As a result, some writers have incorrectly concluded that it was Cleveland who declared martial law.
Covered Area: Akron, Ohio
State or Federal: State
Duration: August 23, 1900 – August 27, 1900 (5 days)
Precipitating Event: Akron riot of 1900
Declaring Authority: Gov. George K. Nash
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Houston, Texas
State or Federal: State
Duration: August 24, 1917 – Unclear (“Several days”)
Precipitating Event: Houston riot of 1917
Declaring Authority: Gov. James Ferguson
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Longview, Texas
State or Federal: State
Duration: July 12, 1919 – Unclear
Precipitating Event: Longview race riot of 1919
Declaring Authority: Gov. William P. Hobby
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Fayette County, Kentucky
State or Federal: Federal
Duration: February 9, 1920 – February 22, 1920 (14 days)
Precipitating Event: Lynch mob attempting to storm Lexington courthouse
Declaring Authority: Gen. Francis C. Marshall
Terminating Authority: Lt. Col. George E. Maddox
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Tulsa, Oklahoma
State or Federal: State
Duration: June 1, 1921 – June 4, 1921 (4 days)
Precipitating Event: Tulsa race riot
Declaring Authority: Gen. Charles Barrett
Terminating Authority: Gen. Charles Barrett
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Niles, Ohio
State or Federal: State
Duration: November 1, 1924 – November 11, 1924 (10 days)
Precipitating Event: Anti-Klan riot of 1924
Declaring Authority: Gov. A. Victor Donahey
Terminating Authority: Gov. A. Victor Donahey
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Sherman, Texas
State or Federal: State
Duration: May 10, 1930 – May 24, 1930 (14 days)
Precipitating Event: Sherman riot of 1930
Declaring Authority: Gov. Dan Moody
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Beaumont, Texas
State or Federal: State
Duration: June 15, 1943 – June 20, 1943 (5 days)
Precipitating Event: Beaumont race riot of 1943
Declaring Authority: Acting Gov. A. M. Aikin Jr.
Terminating Authority: Acting Gov. A. M. Aikin Jr.
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Covered Area: Cambridge, Maryland
State or Federal: State
Duration: June 14, 1963 – July 8, 1964 (1 year, 1 month)
Precipitating Event: Cambridge riot of 1963
Declaring Authority: Gov. J. Millard Tawes
Terminating Authority: Gov. J. Millard Tawes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Notes: Martial law was briefly lifted between July 8 and July 13, 1963.
Covered Area: Scranton, Pennsylvania
State or Federal: State
Duration: August 2, 1877 – Unclear
Precipitating Event: Scranton general strike
Declaring Authority: Gov. John Frederick Hartranft
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Shoshone County, Idaho
State or Federal: State
Duration: July 11, 1892 – November 18, 1892 (4.5 months)
Precipitating Event: Violent struggle between mine operators and miners in and around Coeur D’Alene, Idaho
Declaring Authority: Gov. N. B. Willey
Terminating Authority: Gov. N. B. Willey
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Homestead, Pennsylvania
State or Federal: State
Duration: July 12, 1892 – Unclear
Precipitating Event: Homestead strike
Declaring Authority: Gov. Robert E. Pattison
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Pana, Illinois
State or Federal: State
Duration: November 21, 1898 – November 24, 1898 (4 days)
Precipitating Event: Coal miner strike
Declaring Authority: Gov. John Riley Tanner
Terminating Authority: Gov. John Riley Tanner
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Shoshone County, Idaho
State or Federal: State
Duration: May 4, 1899 – April 11, 1901 (2 years)
Precipitating Event: Violent struggle between mine operators and Western Federation of Miners in and around Coeur D’Alene, Idaho
Declaring Authority: Gov. Frank Steunenberg
Terminating Authority: Gov. Frank Hunt
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: In re Boyle, 6 Idaho 609 (Idaho 1899)
Covered Area: Luzerne, Schuylkill, Carbon, Lackawanna, Susquehanna, Northumberland, and Columbia counties, Pennsylvania
State or Federal: State
Duration: October 6, 1902 – Unclear
Precipitating Event: Coal strike of 1902
Declaring Authority: Gov. William Stone
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Commonwealth ex rel. Wadsworth v. Shortall, 206 Pa. 165 (Pa. 1903)
Notes: In Shortall, the Pennsylvania Supreme Court considered the order deploying the National Guard to be a declaration of “qualified martial law.”
Covered Area: Teller County, Colorado
State or Federal: State
Duration: December 4, 1903 – February 2, 1904 (1 month, 28 days)
Precipitating Event: Colorado labor wars
Declaring Authority: Gov. James Peabody
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Moyer v. Peabody, 212 U.S. 78 (1909); In re Moyer, 85 Pac. Rep. 190 (Colo. 1904)
Covered Area: San Miguel County, Colorado
State or Federal: State
Duration: January 4, 1904 – March 13, 1904 (2 months, 9 days)
Precipitating Event: Colorado labor wars
Declaring Authority: Gov. James Peabody
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Moyer v. Peabody, 212 U.S. 78 (1909); In re Moyer, 85 Pac. Rep. 190 (Colo. 1904)
Covered Area: San Miguel County, Colorado
State or Federal: State
Duration: March 23, 1904 – June 15, 1904 (2 months, 23 days)
Precipitating Event: Colorado labor wars
Declaring Authority: Gov. James Peabody
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Moyer v. Peabody, 212 U.S. 78 (1909); In re Moyer, 85 Pac. Rep. 190 (Colo. 1904)
Covered Area: Las Animas County, Colorado
State or Federal: State
Duration: March 23, 1904 – June 6, 1904 (2 months, 14 days)
Precipitating Event: Colorado labor wars
Declaring Authority: Gov. James Peabody
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Moyer v. Peabody, 212 U.S. 78 (1909); In re Moyer, 85 Pac. Rep. 190 (Colo. 1904)
Covered Area: Paint Creek and Cabin Creek, West Virginia
State or Federal: State
Duration: September 2, 1912 – October 15, 1912 (1.5 months)
Precipitating Event: Paint Creek–Cabin Creek Strike of 1912
Declaring Authority: Gov. William E. Glasscock
Terminating Authority: Gov. William E. Glasscock
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: State ex rel. Mays v. Brown & State ex rel. Nance v. Brown, 71 W.Va. 519 (W. Va. 1912); Ex parte Jones, 71 W.Va. 567 (W. Va. 1913)
Covered Area: Paint Creek and Cabin Creek, West Virginia
State or Federal: State
Duration: November 15, 1912 – January 10, 1913 (2 months)
Precipitating Event: Paint Creek–Cabin Creek Strike of 1912
Declaring Authority: Gov. William E. Glasscock
Terminating Authority: Gov. William E. Glasscock
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: State ex rel. Mays v. Brown & State ex rel. Nance v. Brown, 71 W.Va. 519 (W. Va. 1912); Ex parte Jones, 71 W.Va. 567 (W. Va. 1913)
Covered Area: Paint Creek and Cabin Creek, West Virginia
State or Federal: State
Duration: February 10, 1913 – June 13, 1913 (4 months)
Precipitating Event: Paint Creek–Cabin Creek Strike of 1912
Declaring Authority: Gov. William E. Glasscock
Terminating Authority: Gov. Henry D. Hatfield
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: Hatfield v. Graham, 73 W.Va. 759 (W. Va. 1914)
Covered Area: Indianapolis, Indiana
State or Federal: State
Duration: November 4, 1913 – November 7, 1913 (3 days)
Precipitating Event: Indianapolis streetcar strike of 1913
Declaring Authority: Gov. Samuel Ralston
Terminating Authority: Gov. Samuel Ralston
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Butte, Montana
State or Federal: State
Duration: September 1, 1914 – November 12, 1914
Precipitating Event: Dynamiting of the Butte Miners’ Union
Declaring Authority: Gov. Samuel Stewart
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: Ex parte McDonald, 143 Pac. 94 (Mont. 1914)
Covered Area: Gary, Indiana
State or Federal: Federal
Duration: October 6, 1919 – Unclear
Precipitating Event: Steel strike of 1919
Declaring Authority: Gen. Leonard Wood
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Galveston, Texas
State or Federal: State
Duration: June 7, 1920 – Unclear
Precipitating Event: Galveston Longshoremen’s Strike
Declaring Authority: Gov. William P. Hobby
Terminating Authority: Gov. William P. Hobby
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: United States v. Wolters, 268 F. 69 (S.D. Tex. 1920)
Covered Area: Mingo County, West Virginia
State or Federal: State
Duration: November 27, 1920 – February 16, 1921 (2 months, 17 days)
Precipitating Event: West Virginia coal wars
Declaring Authority: Gov. John Cornwell
Terminating Authority: Gov. John Cornwell
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Mingo County, West Virginia
State or Federal: State
Duration: May 19, 1921 – October 7, 1922 (15 months)
Precipitating Event: West Virginia coal wars
Declaring Authority: Gov. Ephraim P. Morgan
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Ex parte Lavinder, 88 W.Va. 713 (W.Va. 1921)
Notes: In Lavinder, the West Virginia Supreme Court partially invalidated Governor Morgan’s declaration of martial law. Morgan then issued a “supplemental” proclamation on June 27, 1922; this “supplemental” imposition of martial law was rescinded on October 7, 1922.
Covered Area: Nebraska City, Nebraska
State or Federal: State
Duration: January 27, 1922 – February 16, 1922 (20 days)
Precipitating Event: Packing plant strike
Declaring Authority: Gov. Samuel McKelvie
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: United States v. Fischer, 280 F. 208 (D. Neb. 1922)
Covered Area: Minneapolis, Minnesota
State or Federal: State
Duration: July 26, 1934 – Unclear
Precipitating Event: Minneapolis general strike of 1934
Declaring Authority: Gov. Floyd B. Olson
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Powers Mercantile Co. v. Olson, 7 F. Supp. 865 (D. Minn. 1934)
Covered Area: Saylesville, Rhode Island
State or Federal: State
Duration: September 11, 1934 – Unclear
Precipitating Event: Textile workers strike of 1934
Declaring Authority: Gov. Theodore Green
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Georgia
State or Federal: State
Duration: September 15, 1934 – Unclear
Precipitating Event: Textile workers strike of 1934
Declaring Authority: Gov. Eugene Talmadge
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: Welch v. State, 53 Ga. App. 255 (Ga. Ct. App. 1936)
Covered Area: LaGrange, Georgia
State or Federal: State
Duration: March 4, 1935 – Unclear
Precipitating Event: Follow up strike to 1934 textile workers strike
Declaring Authority: Gov. Eugene Talmadge
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Omaha, Nebraska
State or Federal: State
Duration: June 15, 1935 – June 21, 1935 (6 days)
Precipitating Event: Omaha tram strike
Declaring Authority: Gov. Robert L. Cochran
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Notes: This was a relatively unusual instance in which the state governor did not take the side of property against labor, but instead used martial law to end the violence and force the tram companies to arbitrate.
Covered Area: Vigo County, Indiana
State or Federal: State
Duration: July 22, 1935 – February 10, 1936 (6 months, 19 days)
Precipitating Event: General Strike of 1935 (Terre Haute)
Declaring Authority: Gov. Paul V. McNutt
Terminating Authority: Gov. Paul V. McNutt
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Cox v. McNutt, 12 F. Supp. 355 (S.D. Ind. 1935)
Covered Area: Newton, Iowa
State or Federal: State
Duration: July 20, 1938 – August 19, 1938 (30 days)
Precipitating Event: 1938 Maytag Corporation labor dispute
Declaring Authority: Gov. Nelson Krashel
Terminating Authority: Gov. Nelson Krashel
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: State v. Sentner, 230 Iowa 590 (Iowa 1941)
Covered Area: Tulsa, Oklahoma
State or Federal: State
Duration: December 24, 1938 – May 14, 1939 (4 months, 21 days)
Precipitating Event: Strike at Mid-Continent Petroleum Corporation
Declaring Authority: Gov. E. W. Marland
Terminating Authority: Gov. Leon Phillips
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Freeborn County, Minnesota
State or Federal: State
Duration: December 11, 1959 – December 22, 1959 (11 days)
Precipitating Event: Meat-packing workers strike in Albert Lea, Minnesota
Declaring Authority: Gov. Orville L. Freeman
Terminating Authority: U.S. District Court for the District of Minnesota
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Wilson & Co. v. Freeman, 179 F. Supp. 520 (D. Minn. 1959)
Covered Area: Chicago, Illinois
State or Federal: State
Duration: October 11, 1871 – October 23, 1871 (13 days)
Precipitating Event: Great Chicago Fire
Declaring Authority: Mayor R. B. Mason
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Notes: Gen. Philip Sheridan requested permission from Mayor Roswell B. Mason to withdraw troops on October 23rd, and did so on October 24th.
Covered Area: Galveston, Texas
State or Federal: State
Duration: September 11, 1900 – September 21, 1900 (8–9 days)
Precipitating Event: Great Galveston hurricane
Declaring Authority: Mayor Walter C. Jones
Terminating Authority: Mayor Walter C. Jones
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: 43 African Americans tried by court martial, convicted, and ordered shot
Covered Area: Jacksonville, Florida
State or Federal: State
Duration: May 5, 1901 – May 16, 1901 (14 days)
Precipitating Event: Great Fire of 1901
Declaring Authority: Gov. W. S. Jennings
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Dayton, Ohio
State or Federal: State
Duration: March 27, 1913 – May 6, 1913 (1 month)
Precipitating Event: Great Fire of 1901
Declaring Authority: Brig. Gen. George H. Wood
Terminating Authority: Gov. James M. Cox
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: States of the former Confederacy, except Tennessee
State or Federal: Federal
Duration: March 2, 1867 – July 15, 1870 (3 years, 4 months)
Precipitating Event: Radical Reconstruction
Declaring Authority: 40th Congress
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869)
Notes: In 1867, Congress placed the states of the former Confederacy — except Tennessee, which had already been readmitted to the Union — under military rule until they fulfilled the requirements to be readmitted to the Union. Georgia was the last state to be readmitted, in 1870.
Covered Area: Oklahoma
State or Federal: State
Duration: September 16, 1923 (June 26, 1923 in Okmulgee County; August 14, 1923 in Tulsa) – Unclear
Precipitating Event: Challenging Ku Klux Klan activity in Oklahoma and resisting KKK-led impeachment
Declaring Authority: Gov. John C. Walton
Terminating Authority: Gov. John C. Walton
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Yes
Related Litigation: Sanford v. Markham, 1923 OK 1095 (Okla. 1923)
Covered Area: A section of Oklahoma’s border with Texas
State or Federal: State
Duration: July 24, 1931 – August 6, 1931 (13 days)
Precipitating Event: Red River Bridge War
Declaring Authority: Gov. William “Alfalfa Bill” Murray
Terminating Authority: Gov. William “Alfalfa Bill” Murray
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Notes: Governor Murray is said to have declared martial law more than 30 times during his tenure as governor. Only the six declarations listed in this document could be independently confirmed.
Covered Area: Oklahoma oil fields
State or Federal: State
Duration: August 4, 1931 – October 10, 1931 (2 months)
Precipitating Event: Nonviolent dispute between state government and oil producers over oil production limits
Declaring Authority: Gov. William “Alfalfa Bill” Murray
Terminating Authority: Gov. William “Alfalfa Bill” Murray
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Russel Petroleum Co. v. Walker, 162 Okla. 216 (Okla. 1933); Champlin Refining Co. v. Corporation Com’n of State of Okla., et al., 286 U.S. 210 (1932)
Covered Area: Several counties in Texas
State or Federal: State
Duration: August 17, 1931 – December 12, 1932 (15 months, 26 days)
Precipitating Event: Nonviolent dispute over oil production limits between state government and both oil producers and the federal courts
Declaring Authority: Gov. R. S. Sterling
Terminating Authority: U.S. Supreme Court (de facto)
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Sterling v. Constantin, 287 U.S. 378 (1932)
Notes: In Sterling, the Supreme Court enjoined Texas from using martial law, military force, or any other means to enforce the oil production regulation at the center of the dispute. However, the Court did not formally invalidate the governor’s declaration of martial law.
Covered Area: Oklahoma oil fields
State or Federal: State
Duration: May 26, 1932 – Unclear
Precipitating Event: Nonviolent dispute between state government and oil producers over oil production limits
Declaring Authority: Gov. William “Alfalfa Bill” Murray
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Oklahoma oil fields
State or Federal: State
Duration: June 21, 1932 – Unclear
Precipitating Event: Nonviolent dispute between state government and oil producers over oil production limits
Declaring Authority: Gov. William “Alfalfa Bill” Murray
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Oklahoma oil fields
State or Federal: State
Duration: March 4, 1933 – April 10, 1933 (37 days)
Precipitating Event: Nonviolent dispute between state government and oil producers over oil production limits
Declaring Authority: Gov. William “Alfalfa Bill” Murray
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Covered Area: Oklahoma City, Oklahoma
State or Federal: State
Duration: May 1, 1933 – See notes
Precipitating Event: Attempt to force Oklahoma City to create “segregation zones”
Declaring Authority: Gov. William “Alfalfa Bill” Murray
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? Unclear
Related Litigation: Allen v. Oklahoma City, 175 Okla. 421 (Okla. 1935)
Notes: As the Oklahoma Supreme Court explained in Allen, Governor Murray declared martial law in order to create “segregation zones” in Oklahoma City. The duration of his order was such that martial law would expire when the city adopted its own “segregation ordinance.” The court held that both the declaration of martial law and the segregation ordinance adopted by Oklahoma City were illegal.
Covered Area: In and around Highway Board of Georgia headquarters building
State or Federal: State
Duration: June 19, 1933 – July 29, 1933 (39 days)
Precipitating Event: “Coup de highway department” by state governor
Declaring Authority: Gov. Eugene Talmadge
Terminating Authority: Gov. Eugene Talmadge
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Area around the Grand River Dam in Arizona
State or Federal: State
Duration: November 10, 1934 – Unclear
Precipitating Event: Federal government effort to prevent construction of Grand River Dam
Declaring Authority: Gov. Benjamin Moeur
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: United States v. Arizona, 295 U.S. 174 (1935)
Covered Area: Around the state capitol building in Oklahoma City, Oklahoma
State or Federal: State
Duration: Early April 1936 – Unclear
Precipitating Event: Dispute over drilling for oil on the grounds of the Oklahoma state capitol building
Declaring Authority: Gov. E. W. Marland
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Covered Area: Area around Narragansett Park in Pawtucket, Rhode Island
State or Federal: State
Duration: October 17, 1937 – Unclear
Precipitating Event: Dispute over operation of race tracks
Declaring Authority: Gov. Emmitt Quinn
Terminating Authority: Unclear
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Narragansett Racing Ass’n v. Kiernan, 59 R.I. 79 (R.I. 1937); Narragansett Racing Ass’n v. Kiernan, 59 R.I. 90 (R.I. 1937)
Covered Area: In and around Highway Board of Georgia headquarters building
State or Federal: State
Duration: December 18, 1939 – See notes
Precipitating Event: Attempted “coup de highway department” by state governor
Declaring Authority: Gov. E. D. Rivers
Terminating Authority: See notes
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: Miller v. Rivers, 31 F. Supp. 540 (M.D. Ga. 1940), rev’d as moot, 112 F.2d 439 (5th Cir. 1940); Patten v. Miller, 190 Ga. 123 (Ga. 1940); Patten v. Miller, 190 Ga. 105 (Ga. 1940); Patten v. Miller, 190 Ga. 152 (Ga. 1940)
Notes: Governor Rivers’s imposition of martial law was the subject of extensive litigation. It was enjoined by both state and federal courts, but Rivers did not concede defeat until the Georgia Supreme Court ruled against him on April 10, 1940. It is unclear if or when he formally rescinded the declaration of martial law.
Covered Area: Area around the Grand River Dam in Oklahoma
State or Federal: State
Duration: March 13, 1940 – February 21, 1941 (11 months)
Precipitating Event: Effort to prevent completion and operation of Grand River Dam
Declaring Authority: Gov. Leon C. Phillips
Terminating Authority: Gov. Leon C. Phillips
Relevant Presidential Proclamations or Executive Orders: None
Civilians Tried by Military Tribunal? No
Related Litigation: “United States v. Phillips, 33 F. Supp. 261 (N.D. Okla. 1940), vacated on other grounds, 312 U.S. 246 (1941). State of Okla. v. United States, 173 F. Supp. 349, 350 (Ct. Cl. 1959) (describing events after Supreme Court ruling).”
