If you’re looking for an actual
definition; Martial Law essentially
means using a state, or worse, a nation’s military force, to impose the will of
the government on the people.
Under a declaration of Martial Law, Constitutional freedoms and
liberties will be put on ice or suspended and civilians will no longer be entitled
to their civil rights. Basically the government (or an authoritarian politician),
will shred the Constitution and impose its will via military force.
Say such a calamity could never
happen in the USA? Wrong! It already has; and more than once:
On September 15, 1863, Republican President Abraham
Lincoln imposed Congressional-authorized
martial law—nearly 3 years after the state of South Carolina seceded or
withdrew from the Union on December 20th 1860. Although sitting President
James Buchanan declared secession unconstitutional, he did little else; Lincoln
wasn’t inaugurated until March 4, 1861 . . . as you can probably imagine the
nation really was very near the “Eve of Destruction”
. . . more than a hundred years before Barry McGuire thought so—is there
such a thing as post-premonition?
Nearly a year after the war’s end
(5-9-1865), on April 2, 1866, a proclamation by President Andrew Johnson
declared the “insurrection” at end in all States except Texas; then on Aug 20,
1866, another proclamation by Johnson confirmed that civil government had
officially resumed in all states that had seceded from the Union:
“I do further proclaim that the said insurrection is at an end and that
peace, order, tranquility, and civil authority now exists in and throughout the
whole of the United States of America.”
Therefore, Lincoln’s Martial Law Proclamation
can definitely be said to be “no longer in effect”.
History says Lincolns’ was the
right move; what will history say of similar actions in the future? Yes, such a catastrophe, some argue, is
imminent even in today’s (2017) world!
Armored vehicles with high power
weapons, drones, tanks, and battlefield helicopters are no longer things you only
see on some 3rd world theater; it’s now standard operating procedure
for police stations throughout America. The US federal government has poured Billions
of Dollars into militarizing and taking over our country’s local police forces,
in what can now only be described as a standing army meant to enforce federal
laws.
Martial Law generally accompanies
curfews; the suspension of civil law, civil rights, and habeas corpus; and the submission
of military law or military justice to civilians. For those civilians among us who
dare defy Martial Law — expect being subjected to military tribunal or court-martial.
Throughout US history there are
several examples of the imposition of Martial Law, aside from that during the
Civil War, and it has seldom been pretty.
When future President Abe Lincoln
was only a toddler, 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 city.
When word came of the wars end,
Jackson kept martial law in tact, with a wink and a nod; he argued that he had
not received “official” word of the peace. Shortly thereafter, a local judge
demanded habeas corpus for a man
arrested for “rabble-rousing”. Rather than comply with the court’s order to
release the “offending” individual, Jackson had the judge arrested . . .
Yeah, he was a “war hero” in the eyes of many Americans but as you probably know a habeas corpus petition allows persons who are unlawfully imprisoned to gain freedom through Civil Court proceedings . . . a right that can only be suspended by the US Congress—not a General or even a US President. You’d think Jackson’s brash behavior would have resulted in completely “foiling” his political future; obviously not, as he would become the 7th US President a mere 17 years later.
Yeah, he was a “war hero” in the eyes of many Americans but as you probably know a habeas corpus petition allows persons who are unlawfully imprisoned to gain freedom through Civil Court proceedings . . . a right that can only be suspended by the US Congress—not a General or even a US President. You’d think Jackson’s brash behavior would have resulted in completely “foiling” his political future; obviously not, as he would become the 7th US President a mere 17 years later.
During
the events of the West Virginia Coal Wars (1920–1921), martial law was declared
in
the state of West Virginia.
At the request of WV Governor John Jacob Cornwell, federal troops had already been dispatched to Mingo County to deal with the striking coal miners.
The army officer in charge acted, theoretically, under the “Suspension Clause of Article I of the United States Constitution” . . . accounts show that he only jailed coal miners, and did not allow assembly of any kind. Jails filled up quickly because his soldiers somehow encountered only striking union miners, who were immediately imprisoned. Truth be told, striking miners were arrested and jailed, without any sort of trial.
At the request of WV Governor John Jacob Cornwell, federal troops had already been dispatched to Mingo County to deal with the striking coal miners.
The army officer in charge acted, theoretically, under the “Suspension Clause of Article I of the United States Constitution” . . . accounts show that he only jailed coal miners, and did not allow assembly of any kind. Jails filled up quickly because his soldiers somehow encountered only striking union miners, who were immediately imprisoned. Truth be told, striking miners were arrested and jailed, without any sort of trial.
At the onset of US involvement in
World War II (1939 to 1945), the US Territory 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.
Hawaiian Governor Poindexter reluctantly relinquished power to the military — temporarily, or so he thought, by declaring Martial Law . . . The
commanding general of the Hawaiian military, Lt. Gen. Walter Campbell Short —
the newly declared “Military Governor” of the islands, assumed complete control.
All civil law courts were closed by his order and the military was authorized
to arrest, try, and convict persons for damn near anything. In other words, under
Poindexter’s Martial Law Order, the military courts were given the power to
decide cases without following the rules of evidence of civil court law, and
were not limited by sentencing laws in determining penalties for such
“activities”.
You see, this harsh action was
justified because many Hawaiians were, and are, of Japanese descent, and the
loyalty of such people was called into question. It wasn’t until after the war, the federal
judge for the islands condemned the conduct of martial law by saying in part, “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.”
The idea behind Martial law may
be termed as being honorable, as it’s usually an attempt to restore and
maintain peace during civil unrest; needless to say “it does not always yield
the desired results”. For example in May of 1970, Ohio governor James Rhodes declared limited Martial
Law by sending in National Guard troops to “contain” a Kent State University
protest against the Vietnam War. As you know, four protesters were shot and
killed by the troops.
Historically, in the United
States, Martial Law has been instituted on the national level only once, during
the Civil War, and with good reason by most historical accounts; the same holds
true on a regional basis—Hawaii, during WW II.
Otherwise, to date, it has been limited to one or more states or limited
areas within individual states. Invasion
by a Foreign Power, Natural Disasters, Labor Strikes, Political Protests, Riots,
and Uprisings are among legitimate best reasons for declaring some measure of Martial
Law.
In-any-event, Martial Law on the
national level may be legally declared by Congress or a US President. Under Article I, Section 8, Clause 15, of
the US Constitution, Congress has the power “to provide for calling forth the Militia to execute the Laws of the
Union, suppress insurrections and repel Invasions.” Article II, Section 2, Clause 1, of the US Constitution declares
that “the President shall be Commander in
Chief of the Army and Navy of the United States, and of the Militia of the
several States, when called into the actual Service of the United States.” Although neither constitutional provision
includes a specific reference to Martial Law, the US Supreme Court has
interpreted both to allow the declaration of Martial Law by the President or
Congress.
Let’s face it; the United States,
and many parts of the “civilized” world, is a ticking time bomb. From
far-reaching social unrest, crime, and violence to growing national debts; plus
in the US at least, an entire segment of the population depends on government
assistance just to exist . . . in short, the writing’s on the wall; Trouble’s
at hand and his pace needs no further acceleration.
Bottom line, the up-coming US President
(January, 2017), by most accounts, processes the vanity and the temperament to dare
implement the second national Marshal Law effort in the USA; so here’s a simple
guide to help insure your survival:
Prepare
for the civil unrest. Pay attention to what’s going on around you. Know when
potential threats are coming to your area. You may have no significant warning
when another country invades but, you should know if a hurricane or tornado is a
legitimate threat.
Stock
your home with supplies. Before Martial Law
is enacted, you may be on your own during a breakdown of normal civil authority;
so be prepared to survive at least 3 days & nights without help.
After
civil authority has broken down, you can be assured other people will become
opportunistic. Homes and businesses may be looted; so secure your home and
business in advance. Board up windows and barricade doors. Stay in your home
with your own supplies until military help arrives.
Recognize
the legitimacy of Martial law. For whatever reason, Martial Law has been
declared and you are one of the citizens trying to survive it. If your country
has been invaded (i.e., your area is still under the protection of your
country's military) or a major natural disaster has occurred you should
recognize that martial law might be best for the time being. Remember, in
theory at least, the soldiers are there to maintain order and keep you safe
until civilian authority can be re-established.
Show
respect and courtesy to authorities, they’re not perfect human beings and
mistakes will happen, it’s that simple. The best single thing you can do is
assist and obey. Keep your head down and avoid drawing attention to yourself. If
you really want to survive, Martial Law isn't the time for political crusading.
No
matter how odd or strange it may seem, it’s best to do as you are told. For example
if a curfew is set, get to where you’re supposed to be by the set deadline. If
you are given a meal time, don't think you will be served if you show up late
just because you’re hungry. In other words, your normal rights are
significantly limited until civil order is re-established so don't push your
luck if you really want to survive.
Oh,
one last thing: If you find yourself faced with Martial Law in a country that
you know has it in for you, or plans to do you harm (e.g., Jewish Germans or
Japanese-Americans during World War II) you may want to consider hiding from
the government instead of being the model citizen.
Sources:
http://www.civilwarinart.org/exhibits/show/causes/introduction/the-election-of-1860-and-seces
