The Importance of Martial Law During the Civil War

The Battle of Gettysburg

During the Civil War there were many instances where martial law was used to maintain order by Union forces. Martial law is where the military takes over for local government in administrating justice and order. After the fall of Fort Sumter Lincoln instituted martial law in order to prevent the spread of chaos across the country. It is important to note that the forms of martial law differed across the country during the Civil War.

At the start of the Civil War there was a great fear, with much justification, of Confederate saboteurs and spies. Southern sympathizers brought upon riots, saboteurs destroyed bridges, and Southern sympathizers restricted the movement of Union forces. With the institution of martial law in the North, along with the suspension of the writ of habeas corpus, Lincoln was able to hold the Union together. In the North it was primarily draft dodgers and army deserters who were incarcerated under martial law, and not dissidents.

The institution of martial law by Union forces in Southern states differed from the North’s institution of it in that it was much harsher. As Union forces captured Southern areas and cities such as New Orleans there was a great need for order. The residents of areas like New Orleans were understandably upset at having their city captured by the enemy and used different forms of disobedience against the Union troops. After the fall of New Orleans in May of 1862 Union troops were routinely spit upon by Southern women and treated horribly. General Butler responded to this with harsh measures that demanded that the citizens of New Orleans treated Union soldiers with respect. One of these measures was the execution of a dissident who tore down an American flag. Another measure was General Butler’s proclamation that women not treating Union troops with respect were to be treated as prostitutes. In the South there were many more arrests than in the North due to the fear that Union forces felt for their own lives.

The actions of a Confederate saboteur

I personally believe that the implementation of martial law was largely justified. The Constitution does allow for the suspension of the writ of habeas corpus, one aspect of the martial implemented, in cases of national crisis and rebellion. Seeing as the Civil War was one of our countries most trying and dangerous times it was fitting that martial law was used to maintain order. Daniel Farber makes the point that it was ridiculous for the Sheriff of Gettysburg to respond to the march of Confederate forces on the area when he had no means to do so. With the implementation of martial law, the military was allowed to take over the local duties and keep the peace. In fact many cities, such as Philadelphia, requested for the government to institute martial law, due to their fear from Confederate forces near their areas.

New Orleans during the Civil War

Although I do agree that the implementation of martial law was necessary during the Civil War, I do not agree with the more recent violations of civil liberties by the U.S. government. These violations can be seen in the passing of the NDAA and the response to the events after 9-11 by the government. My reasoning for this condemnation is that although terrorism is a serious issue, it is not grave enough to justify the restriction of civil liberties. 

The times of the Civil War were critical for the country. Washington D.C. was very near Southern territory and there was a chance that if it was captured the Union would lose the War. In comparison to the Civil War, terrorism does not pose the threat of destroying the U.S. government and is less justifiable in the restriction civil liberties.