Category Archives: Japan

Vichy vs. Japan vs. Vietnam, 1940

From Embers of War: The Fall of an Empire and the Making of America’s Vietnam, by Fredrik Logevall (Random House, 2012), Kindle pp. 59-60:

On August 29, Vichy concluded an agreement with Japan that recognized Japan’s “preeminent position” in the Far East and granted Tokyo special economic privileges in Indochina. Japan also received transit facilities in Tonkin, subject to agreement between the military officials on the spot. In exchange, Japan recognized the “permanent French interests in Indochina.” Negotiations continued in Hanoi in September and went slowly, as French negotiator General Maurice Martin held out hope for an American naval intervention that would cause Japan to scale down her demands. Increasingly impatient, the Japanese warned Martin that Japanese troops from the Twenty-second Army, based in Nanning, would enter Indochina at 10 P.M. on September 22, whatever the outcome of the negotiations. At 2:30 P.M. on the twenty-second, the negotiators signed an agreement authorizing the Japanese to station 6,000 troops in Tonkin north of the Red River; to use three Tonkin airfields; and to send up to 25,000 men through Tonkin into Yunnan in southern China.

The agreement stipulated that the first Japanese units would arrive by sea. But the Twenty-second Army was intent on moving its elite Fifth Infantry Division across the Chinese border near Lang Son at precisely 10 P.M. Not long after crossing the frontier, the Japanese units became engaged in a fierce firefight near the French position at Dong Dang. Almost immediately, skirmishing also began at other frontier posts. For two days the battle raged, with the key French position of Lang Son falling on the twenty-fifth. The French forces had suffered a major defeat—two posts were gone, casualties were significant (estimates run to 150 dead on the French side), and hundreds of Indochinese riflemen deserted in the course of the battle. It might have been much worse had not Decoux and Baudouin appealed directly to Tokyo and had not the emperor personally ordered his troops to halt their advance. The Japanese apologized for the incident and termed it a “dreadful mistake,” but they had made their point: Governor-General Decoux and the French might still be the rulers of Indochina, but they operated at the mercy of Japan.

Decoux did his best to pretend otherwise. To anyone who would listen, he claimed that the Japanese were not an occupying force but were merely stationed in the country; that the French administration functioned freely and without impediment; and that the police and security services were solely in French hands. The tricolor, he noted, continued to fly over his headquarters in Hanoi. And indeed, French authority in Indochina remained formidable, as Ho Chi Minh and the Indochinese Communist Party learned firsthand in the fall of 1940. Sensing opportunity with the fall of France in June, the ICP in the autumn launched uprisings in both Tonkin and Cochin China against French authorities, only to be brutally crushed. In Cochin China, the French used their few aircraft as well as armored units and artillery to destroy whole villages, killing hundreds in the process. Up to eight thousand people were detained, and more than one hundred ICP cadres were executed. Not until early 1945 would the party’s southern branch recover from this defeat.

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Filed under China, France, Germany, Japan, military, nationalism, Vietnam, war

Overseas Chinese and Qing Reforms

From The Chinese Question: The Gold Rushes and  Global Politics, by Mae Ngai (W. W. Norton, 2021), Kindle pp. 298-301:

After the Opium Wars, the Qing had struggled to figure out how to relate to the West, how to develop domestic industry, how to enact administrative reforms. But even as foreign businesses and culture were implanted in China, especially in the treaty ports and in industrializing areas, modernizing efforts were slowed by internal divisions within the Qing and by the weight of vested bureaucratic interests, not to mention the inertia of China’s long dynastic tradition. By the late nineteenth century, the Qing teetered on the brink of fiscal insolvency, the result of the high cost of the military suppression of the Taiping and other domestic rebellions, which had ravaged southern and central China (1850–64), and of its foreign indemnities.

Chinese emigrants living abroad in the Anglo-American world were not marginal actors in the history of the late Qing. Those who went to the gold rushes were among the first Chinese to experience the West first hand. Their participation in the gold rushes in North America and Australasia in the late nineteenth century and in the revival of the gold industry in South Africa in the early twentieth were integral to a new era of long-distance migrations and global trade that transformed international finance and political relations. Chinese gold miners contributed to the global financial hegemony of Great Britain, and then the United States, based on the power of the gold. Their contribution was doubly ironic. At one level, the gold rushes both materially and symbolically consolidated the shift to gold-based trade and investment in the global economy, which disadvantaged China. At another level, the presence of Chinese on the goldfields and in other industries gave rise to racial conflict and discrimination, violence, and finally, legal policies of exclusion from immigration and citizenship, which policies also disadvantaged China. Chinese exclusion did not directly cause either the West’s rise or China’s decline. But it was part of a constellation of policies that privileged Anglo-American settler nationalism, and that contributed to China’s oppression in myriad ways. The exclusion laws, moreover, loom large in nineteenth-century Chinese history because they were, along with the unequal treaties, the most potent symbols of China’s humiliation on the global stage.

But if Chinese emigrants were despised and marginalized by Euro-American societies, they were also conduits of knowledge and resources to their hometowns and regions. They built dense networks—migration, commercial, and political networks—across the Pacific that contributed to an emergent Chinese nationalism at the turn of the twentieth century. The anti-American boycott exemplified this national consciousness, which connected diasporic communities with the urban middle classes in China and linked the injustice of the exclusion laws to China’s weakness as a nation.

The Qing, while fiscally enfeebled and burdened by a sclerotic bureaucracy, did try to assert its independence in the face of foreign encroachment and aggression. China refused to adopt the gold-exchange standard; it mattered that China was not a colony, like India or the Philippines, where imperialism arbitrarily imposed monetary policies that inscribed dependency. Qing diplomats intervened to protect Chinese merchants and laborers living and working abroad from discrimination and abuse, although not always successfully. European and American encroachments were bad enough; the Japanese were, in turn, arguably even more rapacious, seizing Taiwan, going to war to take Korea, long a Chinese tributary state, and building up its forces in Manchuria. The stakes became even greater with the Boxer Rebellion of 1900–1, a peasant uprising in North China against foreign missionaries that split the Qing court, led the Western powers and Japan to send troops into Beijing, and resulted in another raft of indemnities.

In 1905 the Empress Dowager Cixi initiated a series of reforms, including abolishing the examination system, building up the military, and streamlining the bureaucracy. But they were slow to be implemented (in part because the Qing could not pay for them), and popular opposition to the Qing only grew. By decade’s end, the idea of reforming the monarchy had given way to popular demands to overthrow it. Armed uprisings throughout China in the summer and fall of 1911, many associated with Sun Yatsen’s revolutionary party, finally toppled the Qing and with it, four thousand years of dynastic rule. The new Republic of China faced myriad challenges, from how to form a modern government on the ash heap of the Qing to how to end fighting among warlords and corruption at high levels. The Republican era saw the establishment of a constitution, a modern university system, investments in domestic industry, the end of foot binding, and a cultural renaissance. But the needs of the peasantry, the vast majority of the population, remained largely unaddressed. Instability, both political and economic, was endemic, especially with the burden of foreign indemnity payments continuing well into the 1920s. Just as the Qing had run out of time, so did the republic, when Japan seized Manchuria in 1931 and then invaded China proper in 1937.

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Chinese Empire Demand for Silver

From The Chinese Question: The Gold Rushes and  Global Politics, by Mae Ngai (W. W. Norton, 2021), Kindle pp. 9-10:

AT THE TIME OF the gold rushes, China was already in the grip of European colonialism. China was never directly colonized by a Western power; in fact, by the mid-eighteenth century the Qing Dynasty (1644–1911) had built an empire of its own, having expanded China’s boundaries to the west, most notably by annexing Tibet and Xinjiang. But in the mid-nineteenth century China was battered by European aggressions: the opium trade, gunboat diplomacy, and the forced opening to Western trade and missionaries. China’s humiliation stood in stark contrast to the position it had once held, even relatively recently.

For two hundred years, from 1550 to 1750, China had been arguably the most important economic actor in the world. It was not only the single largest domestic economy; it was also at the center of global trade, both with its Sino-centric tributary and trading networks in East and Southeast Asia and as the premier destination market for silver produced in Spanish America and Japan. Europeans shipped silver to China not as “money” but as commodity arbitrage: the Ming Dynasty’s (1368–1644) demand for silver for fiscal and commercial purposes fetched the highest silver prices in the world, double its price in Europe. China was the world’s great “silver sink” that not only drew but also stimulated its production in the New World.

Through the seventeenth century, Europeans traded silver for luxuries, including gold. For example, the British East India Company’s first direct transaction with China in 1637 exchanged 60,000 Spanish dollars for sugar, silk, spices, porcelain, and “loose gould.” Chinese traders also made handsome profits by buying low and selling dear, earning gross profits of 100 to 150 percent on silk and silk textiles sold to Europeans. Economic historians Dennis Flynn and Arturo Giràldez describe these late sixteenth-century dynamics of global trade as “multiple arbitrage.”

Europeans began trading silver for tea in large quantities in the early eighteenth century. Like silk, tea was a luxury item in Europe, but it had greater potential for mass consumption. The creation of a mass market for tea in Europe coincided with the rise in consumption of sugar from the plantation-slave colonies of the Caribbean in the late seventeenth century. Indeed, tea and sugar, along with tobacco, undergirded a global trade in stimulants—“food drugs”—based on a symbiosis of colonialism and slavery, on the one hand, and new mass-consumption economies in European metropolitan societies, especially Britain, on the other.

By 1800 silver’s arbitrage advantage in China had ended. The British, now hooked on tea, looked for a different means of exchange. The East India Company had already drained India of much of its silver to sell in China; now it turned to India for the mass production of opium for export to China.

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Filed under Britain, Caribbean, China, drugs, economics, Europe, Japan, Latin America, Mexico, nationalism

Finding the North Pacific Way East

From Conquering The Pacific: An Unknown Mariner and the Final Great Voyage of the Age of Discovery, by Andrés Reséndez (HarperCollins, 2021), Kindle pp. 189-192:

Not everything, however, was against the San Lucas expeditionaries. By paralleling the coast of Japan, they were riding the most powerful current in the Pacific Ocean. The Japanese call it Kuroshio, or “Black Current,” owing to its characteristic cobalt-blue color. An integral part of the North Pacific Gyre, the Kuroshio Current is an enormous ribbon of warm water that starts in the Philippine Sea, brushes against the coast of Taiwan, and moves rapidly up the eastern side of Japan, snaking and pushing against the cold waters coming from the Bering Sea. After veering off from Japan, the current continues eastward for about a thousand miles as a free jet stream known as the Kuroshio Extension, eventually feeding into the larger North Pacific Gyre. This explains why historically some Japanese ships disabled in storms have washed up in North America. This may have occurred prior to 1492, although no hard evidence has surfaced. More convincingly, scholars have estimated that between the sixteenth century and the middle of the nineteenth, more than a thousand Japanese vessels were swept out to sea. Among them, a handful are known to have made landfall in the Americas. A rice cargo ship called the Tokujômaru, for instance, ran into a storm that broke its rudder, causing it to drift for sixteen months until running aground in 1813 near Santa Barbara, California, with only the captain and two crew members still alive. Nearly twenty years later, a similar incident occurred when a merchant ship bound for Tokyo, the Hojunmaru, was knocked off course by a typhoon, only to reappear after fifteen months, rudderless and dismasted, in Cape Flattery, the most northwesterly point in the continental United States.

The San Lucas voyagers reported an unexpected abundance of life in that part of the ocean, an observation that confirms their whereabouts. The collision of the warm Kuroshio Current with subarctic water produces eddies of plankton that are visible even in satellite images. In turn, the plankton attract a variety of animals. The Spanish expeditionaries saw “pig fish as large as cows” and marveled at the “dogs of the sea with their paws and tails and ears . . . and one of them came aboard and barked at us” (almost certainly sea lions, with external ear flaps and very vocal, in contrast to true seals). Quite fittingly, the men of the San Lucas also crossed paths with the greatest migratory species of all. “Black shearwaters followed us, shrieking all day and night,” Don Alonso recalled, “and their cries were very unsettling because no sailor had ever heard them like that.” Sooty shearwaters pursue a breathtaking figure-eight migration spanning the entire Pacific. As they range from New Zealand to Alaska and from Chile to Japan, these noisy birds dive for food in some of the most productive regions of the Pacific, including the plankton-rich eddies off the coast of Japan, where some must have spotted the San Lucas slowly making its way in a northeasterly direction.

Climbing to forty degrees and up to forty-three degrees of northern latitude, the pioneers overshot the warm waters of the Kuroshio Current. They had journeyed farther north into the great ocean than any other Europeans, sailing through frigid waters coming from the Bering Sea. Only Magellan’s Trinidad had plied this part of the Pacific more than forty years earlier, where a storm had dismasted it and forced the last survivors to turn back. Extreme cold—that old nemesis of previous return attempts—became a serious concern for the crew members of the San Lucas, especially because they were missing most of their clothes after the washing party had to abandon them in Mindanao months earlier.

The San Lucas voyagers now faced “the greatest cold of winter,” as the captain put it, “even though it was the middle of summer in June and July.” For thirty days the sky turned so dark and stormy that they were unable to see the Sun or the stars. On June 11, snow fell on the deck and did not melt until noon. Lamp oil became so frozen that the bottle in which it was kept had to be warmed over a fire, “and it still came out in pieces like lard.” Modern historians have sometimes seized on such unlikely details to discount the veracity of Don Alonso’s account. “Porpoises as big as cows present no difficulty,” wrote one of these skeptics, “but it is unlikely that cooking oil would freeze in mid-summer.” Lamp oil freezes at around fifteen degrees Fahrenheit, and the process can start even at higher temperatures. Sailing by the Aleutian Islands in June, especially during the Little Ice Age, would force such doubters to amend their opinions.

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Filed under Japan, Mexico, migration, North America, Pacific, Philippines, science, Spain

Returning Shinto Shrines in Hawaii

From Ghosts of Honolulu: A Japanese Spy, A Japanese American Spy Hunter, and the Untold Story of Pearl Harbor, by Mark Harmon and Leon Carroll, Jr. (Harper Select, 2023), Kindle pp. 209-211:

In December 1947, Hawaii’s Kotohira Shrine was finally allowed to reopen its doors, along with the other closed Buddhist and Shinto shrines. Rev. Isobe was still deported, so the religious services were nonexistent. As the shrine struggled to find its footing, the Justice Department swept in. In April 1948, citing the Trading with the Enemy Act of 1917, the government seized Kotohira’s assets. The Act cited was passed into law to confiscate German American property during World War I. Other shrines across Hawaii also had their assets seized, including the Izumo Taishakyo Mission, Hawaii Daijingu Temple and Wahiawa Daijingu.

Upon hearing of the move to liquidate the land, the Kotohira Jinsha solicits the services of the law firm Robertson, Castle & Anthony, which files suit on March 31, 1949, against the United States attorney general, the State of Hawaii and the Federal Alien Land Office. They’re challenging the apparent misuse of the Trading with the Enemy Act.

It’s the first such lawsuit initiated by a Japanese organization, and many eyes across Hawaii and the mainland are eagerly watching to see who wins.

Judge Joseph McLaughlin knows the value of a good legal fight. That’s why he refuses both the plaintiff and the defendant requests for a summary judgment in Kotohira Jinsha v. McGrath.

It would have been easier to just rule from the bench and save months of judicial headache. The shrine wants its property back, and the government just wants the whole matter ended. But some scraps are worth having in the open forum.

Several trial dates were set and changed, delayed by both sides’ trips to Japan to gather evidence. The trial began on March 27, paused as attorneys travelled to Japan and resumed on May 3. The trial ended May 17, after a “two-day argument upon the facts and the law,” as the court puts it.

Today, McLaughlin dismantles the government’s case one blow at a time. His ruling finds the government presented no justification for Kotohira Jinsha’s closure. “The evidence does not establish any Japanese governmental control, direct or indirect, of this plaintiff, nor any direct or indirect doctrinal or financial control by any state shrine in Japan,” he states in his decision. “Nor is there any evidence upon which I could possibly find or hold that the national interests of the United States required that this little insignificant shrine in Hawaii, with not more than five hundred members, should be deemed to be an economic, military, or even ideological threat to the United States.”

The judge includes a pocket history of how the imperial government used religion to foster war. “To accomplish the ends desired by the militarists of Japan, Shinto was distorted and state Shrine loyalty became a test of patriotism and the false doctrine of Japanese supremacy and eventual world domination was fostered, which led to its ultimate defeat in World War II.”

He reserves some editorial commentary to the shrine’s form of Shinto, finding an umbrella approach to spirituality confusing. “Plaintiff and its members did not even understand what it was they believed or why,” he writes in the court’s ruling. “I am not even prepared to find on this evidence that this plaintiff, operating in the United States of America, held beliefs which could be agreed to constitute a religion . . . Its members practiced by way of prayers and ceremonies a primitive mythology known as Shinto or Way of the Gods, with special attention to three gods, but whether the plaintiff’s tenets were the same as state Shintoism in Japan, or even Sect Shintoism in Japan, has not been established by either party.”

Aside from these sharp elbows under the robe, the ruling is an unambiguous victory, not just for the shrine but for the democratic system tested by governmental overreach. “We have not yet come to the point nor will we ever while ‘this Court sits’ where the government can take away a person’s property because it does not approve of what that person believes in or teaches by way of religion or philosophy of life,” Judge McLaughlin writes. “The First Amendment forbids.”

The property is returned to the shrine. Getting legal permission for its leader, Rev. Isobe, to return from Japan will take longer. But the legal victory paves the way for more lawsuits and more overturned seizures.

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Filed under Hawai'i, Japan, migration, military, nationalism, religion, U.S., war

Extent of Martial Law, 1941

From Ghosts of Honolulu: A Japanese Spy, A Japanese American Spy Hunter, and the Untold Story of Pearl Harbor, by Mark Harmon and Leon Carroll, Jr. (Harper Select, 2023), Kindle pp. 126-129:

Lt. Col. Thomas Green, now the Hawaiian Department’s judge advocate, moves into Iolani Palace the day after Pearl Harbor. The man who wrote the rules governing the military administration is on hand to direct martial law operations.

At 12:30 P.M., Green switches on the radio to hear President Roosevelt address a joint session of Congress….

Green switches the radio off. The reality of his position washes over him like a wave—with the war official, the martial law over Hawaii is good as permanent. Now the Army must run everything. All civilians need to be registered and fingerprinted. Manpower is needed to censor the press, long-distance telephone calls and all civilian mail. The Army must police the ban on liquor sales. The list seems endless.

Emergency medical facilities fall under direct Army control. That includes the Japanese Charity Hospital—the military took control of over half of the hospital’s facilities in the aftermath of the attack. The day before, eight hundred volunteers from the United Japanese Society in Honolulu, freshly trained to respond to medical emergencies, went straight from their graduation ceremony to tend to the wounded.

Of all the challenges Green faces, creating a functioning justice system is the thorniest. It’s not easy to replace the civil system with military courts overnight. Easing his job is the lack of impediments: the writ of habeas corpus remains suspended, search warrants are unneeded and even written charges are optional. Being tried before a military court will be a shadow of the former process—presided over by a sole officer, who’ll be encouraged to sentence offenders the same day of their arrest.

Japanese Hawaiians are subject to special restrictions. For them, meeting in groups of more than ten is forbidden. Being outside during the nightly blackouts is cause for detention. The entire community is ordered to turn in all firearms, flashlights, portable radios and cameras.

At his home on Kalama Beach, Otto Kuehn hears the rap on his front door, blood frozen. The military police hustle him, Friedel, Hans Joachim and Susie into a truck. All are held in cells at the US Immigration Service’s detention center in Honolulu, held for the crime of being German in Hawaii.

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Honolulu Roundup Begins, 1941

From Ghosts of Honolulu: A Japanese Spy, A Japanese American Spy Hunter, and the Untold Story of Pearl Harbor, by Mark Harmon and Leon Carroll, Jr. (Harper Select, 2023), Kindle pp. 121-123:

Gero Iwai tries not to feel the other men’s eyes on him as they gather in a conference room on the second floor. Most know him, but some do not. They’re taking second looks at the only Japanese American in the room of Army intelligence agents and G-men.

SAC Shivers is in charge. Army officials order their four commanding generals (and nine corps commanders) to work with the FBI to round up all persons on their detention lists. Shivers, Bicknell and Honolulu police acting captain John Burns sit down with a card file and make the final determinations on who’s to be arrested. Personal friends and acquaintances are spared at the last moment, but the number still hovers at more than four hundred people.

The wheels to sanction these arrests have been spinning for hours. Just after the second wave, Lieutenant General Short stood in Iolani Palace to ask Hawaii territorial governor Joseph Poindexter to declare martial law. The governor called President Roosevelt, who advised him to follow the recommendation, which he did. By the rules drafted beforehand by Lt. Col. Thomas Green, this enables local military authorities to apprehend US citizens without cause.

Hoover telegrams his field offices: “Urgent. Immediately take into custody all Japanese who have been classified in the A, B, and C categories.”

At just before 2:00 P.M., Shivers is handed a letter from Short authorizing execution of the arrests. By then, President Roosevelt has signed Proclamation 2525, classifying all Japanese aliens living in the United States or any of its territories as “alien enemies” subject to apprehension. Some arrests had already begun, but under martial law, the final official authorization had to be given by the Army.

Across Honolulu, FBI men, military intelligence agents and local cops gather the detainees and deliver them to the Honolulu Immigration Station. There are almost five hundred residents in Hawaii, citizen and alien alike, placed under armed guard that day: 345 Japanese aliens, twenty-two Japanese American citizens, seventy-four German nationals, nineteen citizens of German ancestry, eleven Italian nationals and two citizens of Italian descent.

Nearly every consulate support worker is seized, including Richard Kotoshirodo and John Mikami. (Of more than two hundred seized, only these two are actually guilty of abetting espionage.) Also detained are the Japanese language school teachers and religious leaders from Shinto shrines and Buddhist temples. Members of mainstream Japanese civic societies are hustled into cars and ferried away from their families.

Those detained are brought under armed escort to an immigration building next to the territorial government officers near Honolulu Harbor. The prevailing feelings inside the cramped quarters are disbelief and shame. These are the leading merchants, priests, teachers and social organizers in Honolulu, now rounded up with fewer rights than those afforded criminals.

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Assessing AJA Loyalties, 1941

From Ghosts of Honolulu: A Japanese Spy, A Japanese American Spy Hunter, and the Untold Story of Pearl Harbor, by Mark Harmon and Leon Carroll, Jr. (Harper Select, 2023), Kindle pp. 75-76:

At his new post with the 11th District Intelligence Office in California, Cmdr. Kenneth Ringle sees a larger lesson being lost among the hysteria. The real espionage threat doesn’t come from the Japanese population but the Japanese Consulate.

Ringle comes to this conclusion after intense study. He spends his time away from the ONI’s 11th District headquarters, instead working by himself out of a small office in the San Pedro YMCA. His self-separation is telling. Instead of chasing spies, he’s spent his time in California gauging the actual threat posed by the Japanese population.

He’s focused his loyalty study among the vegetable farmers and tuna fishermen before moving on to businessmen. Over the course of his investigation, Ringle’s built a network of informants within the targeted community, particularly among members of the Japanese American Citizens League (JACL). He finds that Japanese militarists had tried to send over visitors and fake immigrants to rile the Japanese American community. He knows this because those loyal to the JACL report them.

Ringle’s time in California has validated what he found in Hawaii. He reports officially in 1941 that “better than 90 percent of the Nisei and 75 percent of the original immigrants are completely loyal to the United States.”

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Planning for Martial Law, 1940

From Ghosts of Honolulu: A Japanese Spy, A Japanese American Spy Hunter, and the Untold Story of Pearl Harbor, by Mark Harmon and Leon Carroll, Jr. (Harper Select, 2023), Kindle pp. 48-50:

US Army Colonel Thomas Green takes in the view from his new post at Fort Shafter, gazing at the Kalihi and Moanalua valleys. The Army base is still in Honolulu, but it’s located away from downtown, perched on a ridgeline rising from the coastal plain. … The landscape here is nearly alien—and so are many of the people.

Green freely admits to having no knowledge of, or experience with, Japanese culture, not to mention the subtleties of the Nisei and Issei. Yet he’s a key architect of their futures in Hawaii if there is war in the Pacific. He now works among the senior Army leaders in Hawaii; the headquarters of the Hawaiian Department moved here from the Alexander Young Hotel in June 1921.

Green is a freshly arrived lawyer, serving as a judge advocate. He graduated from Boston University in 1915; the next year he joined a cavalry unit of the Massachusetts National Guard and deployed to the Mexican border. Military life suited him, and he joined the regular Army….

In 1921, Green … was assigned to Washington, DC, where he worked in the office of the assistant secretary of war while earning a master’s degree from George Washington University Law School. After duties in New York City, he transferred to the judge advocate general’s department in 1925 and helped adjudicate claims from German detainees during the Great War.

Green arrived in Hawaii on a lawyer’s mission: the search for a definition of “martial law.” It’s a hazy term that’s barely protected by US Supreme Court precedent. In 1849, the Court upheld the legality of a military seizure of control in Luther v. Borden, but that case centered on a state’s declaration (Rhode Island) and managed to never explicitly enshrine “martial law” as a legal term. After the Civil War, the federal government used martial law quite a bit less than individual states. Military generals also invoke it more than presidents to handle imminent crises; for example, in 1920, General Francis Marshall imposed martial law in Lexington, Kentucky, to protect a courthouse from a riotous lynch mob.

Green is finding that the precedential gray area can be exploited. “Martial law is not a law nor are the limitations or the responsibilities well defined anywhere,” he writes. He’ll pass this understanding to General Charles Herron, one of four district Army commanders. The idea that martial law is whatever the Army wants it to be informs the service’s wartime plans for the Hawaiian population.

That includes Green’s other assignment: drafting a set of General Orders to be implemented if shooting starts with Japan. The framework Green envisions will consolidate all the functions of government under the sole authority of the commander of the Army in Honolulu. When fully written, they’ll become the plan for a military governor to usurp the civilian government in Hawaii.

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Wiretapping the Japanese Consulate, 1941

From Ghosts of Honolulu: A Japanese Spy, A Japanese American Spy Hunter, and the Untold Story of Pearl Harbor, by Mark Harmon and Leon Carroll, Jr. (Harper Select, 2023), Kindle pp. 59-60:

Warrant Officer Theodore “Ted” Emanuel didn’t join the Navy to be an undercover operative. His job as chief ships clerk is dedicated to keeping internal records, reports and correspondence. But now that he’s assigned to the 14th Naval District Intelligence Office, Emanuel is capturing another nation’s communications in yet another undercover assignment.

Today he’s on the streets of Honolulu dressed as a telephone repairman, unhurriedly working on the junction box near 1742 Nuuanu Avenue—the Japanese Consulate. As SAC Shivers is working on getting clearance from his FBI bosses to bug the consulate phones, Captain Hart goes ahead and just does it.

The hardest part of setting up a wiretap is knowing the right circuits to target, but in this case that’s easy. After that, it’s as simple as scraping the insulation from a segment of the two wires required to make a telephone circuit. A receiver is attached to the exposed portions with metal clips and extension wires. This is known as “cutting in” on a telephone circuit and can be done at a streetside phone junction box.

Emanuel finishes up and casually drives away. The taps he’s placed cover half a dozen of the consulate’s telephone lines. It’s a tightly compartmentalized operation. The calls, about fifty a day, will be translated and summarized at the Young Hotel by Denzel Carr, the master linguist. When he doesn’t have the time, he’ll rely on Douglas Wada to handle the workload.

The US Navy has some ears inside the consulate. Now it’s up to the staff inside to make an indiscreet phone call.

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