<P> In 1843, Missouri sought to extradite Joseph Smith, the founder of Mormonism, for the attempted murder of Missouri governor Lilburn Boggs . He escaped arrest with the help of members of his church, and was discharged on a writ of habeas corpus in the Municipal Court of Nauvoo, where he was mayor, even though it was outside the court's jurisdiction . People in the neighboring town of Carthage, Illinois felt that Smith was abusing his position in order to avoid arrest . They requested that Governor Ford call out the militia to take Smith into custody, to which Governor Ford declined . A group of ex-Mormons published a paper called the Nauvoo Expositor which detailed Smith's alleged abuse of power . Together with the Nauvoo City Council, Smith ordered the destruction of the Nauvoo Expositor . This caused an uproar in neighboring towns, who interpreted the order as an attack on the freedom of speech . Smith was charged with causing a riot, which the Nauvoo courts dismissed . Neighboring cities raised money for a militia to go and capture Smith . Governor Ford arrived in Carthage and sent word to Smith that if he did not surrender, Ford would call out the militia . On June 18, Smith declared martial law in Nauvoo and called out the Nauvoo Legion, an organized city militia of about 5,000 men, to protect Nauvoo from outside violence . Ford sent a group of men and abolished martial law . By this time, Smith had escaped into Iowa, but was convinced by his supporters to return . He was arrested for treason against the state of Illinois for declaring martial law . While awaiting trial in Carthage Jail, Smith was murdered by a mob . In 1845, Nauvoo was stripped of its charter for abuse of authority . This led to a series of conflicts known as the Illinois Mormon War . </P> <P> Tension between Utah territory and the federal government was strained in 1857 due to the influence of theodemocracy in the Governor Brigham Young's semi-theocratic government, Utah's rejection of Federal appointees, and Utah's acceptance of polygamy and slavery . In 1857, President James Buchanan sent U.S. forces to the Utah Territory in what became known as the Utah War . The Mormons, fearful that the large U.S. military force had been sent to annihilate them made preparations for defense . On 15 September, Young publicly declared martial law in Utah . It was widely circulated throughout the Territory and was delivered by messenger to Col. Alexander with the approaching army . The most important provision forbade "all armed forces of every description from coming into this Territory, under any pretense whatsoever ." It also commanded that "all the forces in said Territory hold themselves in readiness to march at a moment's notice to repel any and all such invasion ." But more important to California and Oregon bound travelers was the third section that stated "Martial law is hereby declared to exist in this Territory...and no person shall be allowed to pass or repass into, through or from this territory without a permit from the proper officer ." Brigham Young ordered the people in Salt Lake City, Utah to burn their homes and retreat south to Provo, Utah . Meanwhile, the Mormons harassed the approaching army . Eventually, Brigham Young was removed as governor and replaced by Alfred Cumming . </P> <P> On September 15, 1863 President Lincoln imposed Congressionally authorized martial law . The authorizing act allowed the President to suspend habeas corpus 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 on other classes of people, such as draft dodgers . The President's proclamation was challenged in Ex parte Milligan, 71 US 2 (1866). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional in areas where the local courts were still in session . </P> <P> In response to the Great Chicago Fire of 1871, Chicago mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city on October 9, 1871 . After the fire was extinguished, there were no widespread disturbances and martial law was lifted within a few days . </P>

When has martial law been used in the usa