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.