Martial Law in Hawai'i

The reaction to the attack on Pearl Harbor on O‘ahu, Hawai‘i had a ripple effect throughout the nation, striking fear into the heart of the Pacific and beyond. Mere hours after the attack, the governor, Joseph Poindexter, announced martial law would be put into effect immediately, disturbing the lives of both foreign nationals and American citizens alike. Hawai‘i was the only place in America to institute martial law after the Pearl Harbor attack, distinguishing it from what was taking place on the mainland.

This declaration was made possible due to the Hawaiian Organic Act of 1900, which gave power to the governor of the [then] Hawaiian territory to “call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion”, as well as Executive Order 9489 that allowed the military to intern enemy aliens and expel from the islands any U.S. citizen who were considered a security threat. In doing so, the writ of habeas corpus (right to legal court trial) was suspended, allowing anyone deemed a threat to be arrested and held without proof. Furthermore, constitutional rights were nearly all taken away and anyone over the age of six was registered and fingerprinted by the government. The presiding General in Hawai‘i at the time stepped in as the military governor rather than the civil governor. With the military acting as the authority, strict curfews were placed onto the residents of Hawai'i followed by rolling blackouts. Beaches were lined with barbed wire barricades, the press was censored, and once simple pleasures such as the radio, mail, and long-distance phone calls were all banned.

For populations that the army considered “enemies”, there were additional restrictions: permission was needed to change residence, groups of ten or more were banned, and items such as firearms were confiscated. While this extended to all “enemy populations” including Germans and Italians, the Japanese received the brunt of these excess restrictions. Japanese language schools were shuttered, and many farmers and fishermen lost access to their properties, leaving them jobless.

Since habeas corpus was suspended, that also meant military control over the courts. Trials of the accused were over in as little as five minutes, with it being common to be arrested, tried, and convicted in one day. The military handed down heavier sentences with strict fines and prison time. Between 1942-1943, ninety-nine percent of cases ended in a guilty verdict, earning the military courts $1 million in fines at the expense of hundreds of civilians arrested.

The citizens did not take well to martial law; protests were held in 1942 after initial fears of Japanese invasion via sea had subsided. Appeals to President Roosevelt were finally heard, and martial law began its gradual end in February, 1943 when he restored civil courts and civil governor powers (despite strong military objection).

Finally, on October 24, 1944, after three years, martial law was fully suspended.

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