Martial Law

January 7, 2022 by Peter T Young 3 Comments

Martial Law 1895

Following the overthrow of the constitutional monarchy of Queen Liliʻuokalani on January 17, 1893, the Committee of Safety established the Provisional Government of Hawaiʻi as a temporary government until an assumed annexation by the US.

The Provisional Government convened a constitutional convention and established the Republic of Hawaiʻi on July 4, 1894. The Republic continued to govern the Islands.

From January 6 to January 9, 1895, patriots of the Kingdom of Hawaiʻi and the forces that had overthrown the government were engaged in a war that consisted of three battles on the island of Oʻahu, Hawaiʻi.

This has frequently been referred to as the “Counter-revolution”. It has also been called the Second Wilcox Rebellion of 1895, the Revolution of 1895, the Hawaiian Counter-revolution of 1895, the 1895 Uprising in Hawaiʻi, the Hawaiian Civil War, the 1895 Uprising Against the Provisional Government or the Uprising of 1895.

In response, President Sanford B Dole, on January 7, 1895 proclaimed martial law:

“The right of the writ of habeas corpus is hereby suspended and Martial Law is instituted and established throughout the Island of Oahu, to continue until further notice, during which time, however, the Courts will continue in session and conduct ordinary business as usual, except as aforesaid.”

During the afternoon of January 7, several of the rebels were captured, and it was learned that the insurgents were under the command of Robert Wilcox and Samuel Nowlein, with Carl Widemann, WHC Greig and Louis Marshall as Lieutenants.

Wilcox had received military instruction in Italy during the days of King Kalākaua (he previously led a rebellion in 1887.) Nowlein served in the military under the Monarchy, and after the overthrow of 1893 had lived at Washington Place as a retainer of the ex-Queen.

Widemann was the son of a judge (who was one of Liliʻuokalani’s Commissioners to President Cleveland. Greig and Marshall were young clerks in business houses in Honolulu.

On January 14, Nowlein, Widemann, Greig and Marshall surrendered themselves to the authorities, and during the afternoon Robert Wilcox was captured in the outskirts of the city.

On the forenoon of January 16, Deputy Marshal Brown and Senior Captain Parker of the police force served a military warrant on the ex-Queen at her Washington Place residence.

President Dole, as Commander in Chief, ordered a Military Commission “to meet at Honolulu, Island of Oahu, on the 17th day of January, A. D. 1895, at to A. M., and there after from day to day for the trial of such prisoners as may be brought before it on the charges and specifications to be presented by the Judge Advocate.”

The trials were held in the Legislative Hall of the Executive building and were open to the general public, special accommodations also being made for the attendance of the diplomatic corps.

One of the first moves of the lawyer for the defense was to raise objection to the jurisdiction “That no military or other law exists in the Hawaiian Islands under which a Military Commission is authorized to try any person for a statutory crime.”

“That under the proclamation of martial law the general authority of the Courts of the Republic created by the Constitution continues, and they have authority to conduct all business which comes properly before them, and have the sole authority to try persons accused of offenses such as are specified in the charges before the Commission.”

The Judge-Advocate stated that martial law is a law of necessity, in which the question of necessity rests in the discretion of the Executive and nobody can call it in question. The right had been exercised; there was nothing more to say.

During its session of thirty-six days, 191-prisoners were brought before the Commission. The most prominent persons were ex-Queen Liliʻuokalani and Prince Kūhiō. Some were acquitted, others found guilty; by January 1, 1896, the last of the prisoners was released from prison, typically under conditional pardons.

The trial of the last case brought before the Commission ended March 1; however, the Commission did not adjourn until March 18, 1895 and the martial law was lifted.

This was not the first proclamation of martial law in the Islands. On January 17, 1893, martial law was declared by the Provisional Government of the Hawaiian Islands. Later, following the attack on Pearl Harbor, martial law was in effect in the Islands from December 7, 1941 to October 24, 1944.) (Lots of information here is from Alexander and Farrington.)

January 9, 2019 by Peter T Young 1 Comment

Emmons Money

“Delos Carleton Emmons was born on January 17, 1888, in Huntington, West Virginia. He graduated from the United States Military Academy in June 1909 and was commissioned a second lieutenant of infantry. He later transferred to aviation and rose through the ranks, becoming a major general in 1939.”

“He was soon promoted to lieutenant general and became chief of the Air Force Combat Command in June 1941. He replaced Major General Walter C. Short as commanding general of the Hawaiian Department on December 17, ten days after the Pearl Harbor attack.”

“Emmons oversaw the implementation of martial law in Hawai‘i and is credited with preventing the mass exclusion of Japanese in the Islands. He also promoted the entry of the Nisei into the military with the formation of the 100th Infantry Battalion and eventually encouraged the end of the mass incarceration of Japanese Americans on the mainland.” (Nakamura)

“Martial law involved the outright suspension of constitutional liberties as civilian courts were declared closed. Additionally, all government functions—federal, territorial, and municipal—were placed under army control, and a military regime was established. “

“As the commanding general, Emmons held the title of the ‘Military Governor’ of Hawai‘i and controlled the entire civilian population with absolute discretionary powers.”

“According to some ‘Emmons played a key role in the fate of Japanese Americans in Hawai‘i’ by challenging allegations of sabotage made by Navy Secretary Frank Knox. Emmons is thus credited with preventing plans for the mass forced removal of Japanese from the Islands citing logistical problems, cost, and labor shortages.”

“However, in lieu of mass removal, the army and the FBI quickly rounded up aliens and other suspicious persons in the Japanese community who had been investigated earlier for being disloyal or dangerous during a war. Of the 1,569 persons eventually detained on suspicion of disloyalty, 1,444 were of Japanese descent.”

“Emmons also played a key role in the formation of the 100th Infantry Battalion and supported the entry of Nisei into the military who were partly responding to ‘extreme insecurity’ in wartime Hawai‘i.”

“During the period of military rule in Hawai‘i that lasted until late October 1944, some 181 general orders were issued under the names of the commanding general Emmons and Lt. Col. Thomas H. Green, the latter having been given the title of ‘Executive, Office of the Military Governor.’” (Nakamura)

“The so-called ‘money order’ was issued as General Orders #51 and dated January 9, 1942. The effective date of the order was January 12th, three days after the issuance of it.”

“Before the effective date of the order, more than one and one-half million dollars had been deposited in the banks and on each of the following days there were queues of people waiting to deposit their money in the banks.”

“Suddenly, the banks found themselves with more than twenty million dollars on deposit. Some of the money deposited was in the form of gold certificates long outmoded by the Treasury, and much of the money was moist and even wet, indicating that it had recently been excavated.”

“The public response to General Orders # 51 was instantaneous. Perhaps some of it was motivated by fear of punishment because the penalties prescribed were severe. However, I think the major factor in this, as well as in all other undertakings, was that the public trusted the integrity and intelligence of the Military Governor.”

“The problem of keeping the banks supplied with money having been solved for the moment, there still remained the greater problem of substituting something for that money. I was obsessed with the idea that something further must be done in the interest of security.”

“I finally came up with the idea of exchanging United States currency for some other form of legal tender which, in the event of invasion, could be outlawed as legal tender and therefore defeat its use by an invader.”

“I appreciated that any such plan would have to be approved by the United States Treasury. I began discussing the idea with my staff and decided upon a substitute paper money which would be red in color instead of green.”

“I began calling it ‘Emmons Money.’”

“I took up the matter with General Emmons who scoffed at the idea of calling the substitute money ‘Emmons Money’ but he told me to go ahead.”

“Early in March 1942, a Treasury detail came to Hawaii from Washington to close the deal with us whereby regular currency would be exchanged for specially printed paper money. The agreement was consummated and some twenty million dollars on regular currency was exchanged for the special issue money.”

“When the new money arrived I was disappointed as I hoped that it would be red in color and have ‘Emmons’ written all over it.”

“The new bills were similar to the ordinary bank note except that the seals and the numbers were printed in brown ink instead of green and the bills bore the word ‘Hawaii’ overprinted in black on both sides. It was explained to me that the printing of red money would require prohibitive changes in normal Treasury practice and processes.”

“The new bills worked out well, in fact there was an immediate demand for the new currency and the transfer from the old to the new was made without incident.”

“The objective of the plan was now complete. It placed the Treasury in the position of being able to declare our overprinted Hawaiian money not legal tender in the event that the (Japanese)s were able to take the Hawaiian Islands.” (Maj Gen Thomas H Green)

“The plan worked so well in Hawaii that the use of scrip was adopted all-over the world wherever our troops served. While the need for ‘Emmons money’ ceased with the termination of hostilities with Japan, the money is still in use and I have personally received some of the bills in change in various parts of the United States.”

“I obtained the first four one dollar bills of this Emmons money to be issued in Hawaii by exchanging for it four one dollar bills of regular currency.”

“At my request, General Emmons endorsed his name on all four bills and I did likewise. I then sent all four bills to Admiral Nimitz with the request that he endorse his name on all four bills, retain one for his scrap book and return the other three to me.”

“In my letter of transmittal, I explained that I intended to give General Emmons one of the bills for his scrap book, retain one for myself, and send the fourth to The Adjutant General of the Army for historical purposes, because, to my knowledge, it was the first time such a money transaction had been accomplished.”

“With his reply, dated July 29, 1942, Admiral Nimitz returned all four of the bills, duly endorsed, and stating that he was not including American currency in his scrap book and added, ‘No doubt you will have constructive use for the one allocated to me.’”

“At the bottom of the letter was a pen-written postscript which typifies the keen sense of humor possessed by that great commander. It read, ‘I have a particular yen for Japanese yen taken from captured or destroyed planes – and if you get a collection of that kind of currency please don’t forget me. CWN.’” (Maj Gen Thomas H Green)

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US-$1-SC-1935-A-Fr.2300

US-$5-FRN-1934-A-Fr.2302

US-$10-FRN-1934-A-Fr.2303

US-$20-FRN-1934-A-Fr.2305

Oahu-cemetery-crematorium&chapel

C. Brewer’s Honolulu plantation mill (1898-1946) located at ‘Aiea, O’ahu, ca. 1902

May 23, 2018 by Peter T Young Leave a Comment

Blackouts Before the Bombing

“From 1931 onward, Japan had been increasing aggressive in Asia. They had gone to war and taken over Manchuria, then they went to war openly with China in 1937, and (later) took over French IndoChina.” (Brown)

The threat of war was increasing. “By the late 1930s Schofield Barracks was the largest army base in the country, which is astonishing, and Pearl harbor was this huge naval base.” (Brown)

The Honolulu District of the US Army Corps of Engineers was involved with intense planning and vast preparations for what was an increasing possibility of a war in the Pacific. (Fitzgerald)

The possibility of a Japanese attack was real.

“Notwithstanding the seeming ‘normality’ of the prewar years, both military and civil authorities were taking steps to prepare for possible conflict”.

“Navy fleet exercises as early as 1938 simulated attacks on US defensive positions. On March 29, 1938, Hilo was the object of an exercise mounted by joint Army and Navy operations.”

“On May 23, 1940, the territory of Hawaii conducted its first island-wide ‘blackout’ requiring residences and business to shut off or shield their lights, cars to stay off the roads, and towns and cities to cut the power to streetlights.” (Chapman)

“Army Planes to Drop Leaflets On Blackout … Switching the entire territory into total darkness on the night of May 23 as part of maneuvers of the Hawaiian Department of the army is being prepared for on a wide as well as intensive scale. The smallest detail will not be spared to make this first territory-wide blackout a complete success.”

“For many weeks military officials have been working with the cooperation of civilian committeemen so that the blackout of the islands will be staged with the utmost precision and with the least possible inconvenience.”

“Army authorities announced that, in the effort to convey the information to all possible persons on all the islands, army planes will leave Hickam field on May 21 and shower the whole territory with blackout leaflets.”

“The message will be in English, Japanese, Chinese and Filipino and will serve as a reminder that cooperation of every one in the territory is imperative.”

“The ‘bombardment’ with blackout notices will be over Hawaii, Maui, Kauai, Molokai and Lanai. On Oahu, similar notices are being sent out through the mails and by house to house distribution.”

“Separated island residents will also receive these notices by mail. Planes will drop about 50,000 leaflets on out-islands. About 200,000 leaflets in all will be distributed.”

“Through the circulars the entire territory will be sent the message: ‘Blackout enemy planes will simulate attack on your island, Thursday night, May 23rd, 1940, sometime between 8:30 and 9 pm.’”

“‘When warning bells are rung or sirens are, sounded, IMMEDIATELY put out all lights, inside and outside. Turn off all signs. Don’t use flashlights, matches, etc. Blackout completely.”

“‘While the raid is only make-believes, do your part in this rehearsal for an event we hope will never come. Outblack the last blackout.’” (Nippu Jiji, May 8, 1940)

“The territory conducted a second island-wide blackout on May 20, 1941 … Yet another blackout exercise occurred on August 23.” (Chapman)

Then, it happened … Shortly before 8 am, December 7, 1941, Japanese aircraft from six aircraft carriers struck the Pacific Fleet as it lay in port at Pearl Harbor and other sites on O‘ahu.

According to plans developed over a decade earlier, martial law was imposed on Hawai‘i the same day of the bombing December 7, 1941. (Tanigawa)

“General Order 16 prescribed the painting of automobile headlights for night travel. It prescribed that the headlights be painted with black center and the tail lights be painted entirely blue.”

“The requirement that automobile headlights be painted might seem silly at a time when a war was going on but I can certify that it was a very serious matter. In operating a car in blackout it was imperative that each driver know which way the other was going.”

“Until it was satisfactorily regulated, it was like being blindfolded during a battle royal. It was next to impossible to proceed faster than a snail’s pace and even this was at great peril.”

“The color of the required painting was changed a number of times in an effort to satisfy drivers and also pedestrians. The latter complained bitterly that they had no protection against drivers who could not see them, and that they had to ‘run for it’ at all times and could not tell which way the automobile was moving.”

“On their side, the drivers complained that pedestrians loomed up in front of them at the most unexpected times and places. The lens color finally adopted was dull red which could be seen by drivers and pedestrians, if they concentrated on it and could not be seen by aircraft.” (Maj Gen Thomas H Green)

Beginning in July 1942 the powers of government were gradually restored to civilian authority, but some degree of martial law continued.

On February 8, 1943, power was restored to the Governor, the courts and the legislature. The commanding general proclaimed, “Full jurisdiction and authority are hereby relinquished by the Commanding General to the Governor and other officers of the Territory of Hawaiʻi”. (Anthony)

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Blackout Notice-May 23, 1940

Practice Blackout Notice-BishopMuseum-May 1941

January 17, 2016 by Peter T Young Leave a Comment

The Japanese attack on Pearl Harbor on December 7, 1941 lasted 110-minutes, from 7:55 am until 9:45 am. By 10:30 am, in co-operation with the Navy, the Army began to apply a tight censorship to prevent the transmission from Hawaiʻi of any unauthorized information about the attack or about the condition of Oʻahu’s defense forces after it was over.

Shortly after, Joseph Boyd Poindexter, Governor of the Territory of Hawaiʻi, by proclamation, invoked the powers granted him under the M-Day Act.

Titled ‘Hawaiian Defense Act 1941,’ the M-Day Act (M standing for mobilization) was first introduced in the legislature in April, 1941. It contemplated that in a maximum emergency, the Governor was authorized to declare a state of emergency in attempt to avoid the necessity of martial law. (Green)

At 11:30 am, December 7, 1941, Governor Poindexter exercised his powers and “declare(d) and proclaim(ed) a defense period to exist throughout the Territory of Hawaiʻi.”

However, at 3:30 pm of the same day, Poindexter issued a second proclamation where he placed the Territory of Hawaiʻi under martial law and authorized the “Commanding General, Hawaiian Department, during the present emergency and until the danger of invasion is removed, to exercise all the powers normally exercised by me as Governor”. He followed-up with a telegram to the President of the US.

“I have today declared martial law throughout the Territory of Hawaii and have suspended the privilege of the writ of habeas corpus. Your attention is called to section 67 of the Hawaiian Organic Act for your decision of my action.” (Governor Poindexter to President Roosevelt, December 7, 1941)

(Writ of habeas corpus (‘that you have the body’) is a process in the US system used to bring a party who has been criminally convicted in state court into federal court. Usually, writs of habeas corpus are used to review the legality of the party’s arrest, imprisonment or detention.) (Cornell Law School)

The President responded, “Your telegram of December 7th received and your action in suspending the writ of Habeas Corpus and placing the Territory of Hawaii under martial law in accordance with USC Title 48, Section 532 has my approval.” (President Roosevelt to Governor Poindexter, December 9, 1941)

The Army’s Commanding General of the Hawaiian Department (Lt General Short) became the Military Governor of Hawai’i, assuming comprehensive executive, legislative and judicial powers.

The martial law regime affected every resident of the Territory of Hawaiʻi, citizen and foreign alike. Never before or after in American history were US citizens kept under martial law in such numbers or for so long a time.

On the first day, December 7th, an advisory board was appointed consisting of informed local citizens. At 6:04 pm, the police radio broadcast: “From now on nobody allowed out of their homes.”

All saloons were closed, and a Provost Court and Military Commission were appointed for the enforcement of the orders of the Military Governor. (Green)

In his first proclamation as Military Governor on December 7, 1941, Lt General Short stated that: “I shall therefore shortly publish ordinances governing the conduct of the people of the Territory with respect to the showing of lights, circulation, meetings, censorship, possession of arms, ammunition, and explosives, the sale of intoxicating liquors and other subjects.”

“In order to assist in repelling the threatened invasion of our island home, good citizens will cheerfully obey this proclamation and the ordinances to be published; others will be required to do so. Offenders will be severely punished by military tribunals or will be held in custody until such time that the civil courts are able to function.”

Martial law suspended constitutional rights, turned the civilian courts over to the military, imposed blackout and curfew, rationing of food and gasoline, censorship of mail and news media, temporary prohibition, realigned business hours, froze wages, and regulated currency.

All civilians over six years of age were required to be fingerprinted. Except for taxes, General Orders, issued by the Military Governor, regulated every facet of civilian life, from traffic control to garbage collection. Violations were punished summarily by provost courts or military tribunals; there was no right of appeal. (Hawaiʻi Army Museum)

Under martial law, military officers assumed all legislative, executive and judicial powers.

The two houses of the Hawaiʻi legislature, as well as judges of all courts, Territorial and federal, were not on the organizational chart as part of the martial law government. Under the martial law regime, there was no room for legislation, other than decrees by the military.

While members of the legislature and many emergency committees met daily in the halls of the legislature in ʻIolani Palace, the military governor did not recognize the legislature as a source of legislative power. Likewise, since law enforcement was concentrated in the military commissions and provost courts, the local courts held no position. (Anthony)

The courts of the Territory were closed as of December 8, 1941 by order of the military. On January 27, 1942, the Military Governor stated that the courts were restored to their full jurisdiction “as agents of the Military Governor.”

On the criminal side, however, the courts could not under the order summons a grand jury; on the criminal or civil side they could not grant a jury trial, or at any time grant a writ of habeas corpus. (US District Court, 1944)

Japanese Americans were incarcerated in at least eight locations on Hawaiʻi. These sites that include Honouliuli Gulch, Sand Island, and the U.S. Immigration Station on Oahu, the Kilauea Military Camp on the Big Island, Haiku Camp and Wailuku County Jail on Maui, and the Kalaheo Stockade and Waialua County Jail on Kauaʻi.

In all, between 1,200 and 1,400 local Japanese were interned, along with about 1,000 family members. The number of Japanese in Hawai‘i who were detained was small relative to the total Japanese population here, less than 1%.

Beginning in July 1942 the powers of government were gradually restored to civilian authority, but some degree of martial law continued.

This did not extinguish all of the military control; the title and office of the Military Governor’ were retained. In July, 1944, the office was renamed Office of Internal Security. On October 24, 1944, President Roosevelt terminated martial law and restored the writ of habeas corpus. (Anthony)

Military Generals having control of the Islands and their terms included: Walter C Short (December 7, 1941 – December 17, 1941,) Delos C Emmons (December 17, 1941 – June 1, 1943) and Robert C Richardson, Jr (June 1, 1943 – October 24, 1944.)

This was not the first proclamation of martial law in the Islands. On January 17, 1893, martial law was declared by the Provisional Government of the Hawaiian Islands.

Then, on January 7, 1895, Republic of Hawaiʻi President Sanford B Dole declared martial law following Kaua Kūloko (Civil War 1895) when forces attempted to return Queen Liliʻuokalani to the throne following the overthrow of constitutional monarchy. Martial law, then, lasted until March 18, 1895.

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