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Guide to Declarations of Martial Law in the United States [1]

['Joseph Nunn']

Date: 2025-02

Other

Congress imposes martial law on the former Confederacy as part of Radical Reconstruction, 1867.

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.

Oklahoma Gov. John C. Walton declares martial law while challenging Ku Klux Klan activity and resisting a KKK-led impeachment, 1923.

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)

Oklahoma Gov. William “Alfalfa Bill” Murray declares martial law during the Red River Bridge War, 1931.

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.

Oklahoma Gov. William “Alfalfa Bill” Murray declares martial law during a nonviolent dispute between the state government and oil producers over oil production limits, 1931.

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)

Texas Gov. R. S. Sterling declares martial law during a dispute over oil production limits between the state government and the federal courts, 1931.

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.

Oklahoma Gov. William “Alfalfa Bill” Murray declares martial law during a nonviolent dispute between the state government and oil producers over oil production limits, May 1932.

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

Oklahoma Gov. William “Alfalfa Bill” Murray declares martial law during a nonviolent dispute between the state government and oil producers over oil production limits, June 1932.

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

Oklahoma Gov. William “Alfalfa Bill” Murray declares martial law during a nonviolent dispute between the state government and oil producers over oil production limits, 1933.

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

Oklahoma Gov. William “Alfalfa Bill” Murray declares martial law as part of an attempt to force Oklahoma City to create “segregation zones,” 1933.

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.

Georgia Gov. Eugene Talmadge declares martial law as part of his “coup de highway department,” 1933.

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

Arizona Gov. Benjamin Moeur declares martial law in response to a federal effort to prevent construction of the Grand River Dam, 1934.

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)

Oklahoma Gov. E. W. Marland declares martial law during a dispute over drilling for oil on the grounds of the state capitol building, 1936.

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

Rhode Island Gov. Emmitt Quinn declares martial law in Pawtucket during a dispute over the operation of race tracks, 1937.

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)

Georgia Gov. E. D. Rivers declares martial law as part of his attempted “coup de highway department,” 1939.

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.

Oklahoma Gov. Leon C. Phillips declares martial law in an effort to prevent the completion and operation of the Grand River Dam, 1940.

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).”

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[1] Url: https://www.brennancenter.org/our-work/research-reports/guide-declarations-martial-law-united-states#war

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