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Bayonets in ParadiseMartial Law in Hawai'i during World War II$
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Harry N. Scheiber and Jane L. Scheiber

Print publication date: 2016

Print ISBN-13: 9780824852887

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824852887.001.0001

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The Termination of Martial Law

The Termination of Martial Law

Chapter:
(p.295) Chapter Sixteen The Termination of Martial Law
Source:
Bayonets in Paradise
Author(s):

Harry N. Scheiber

Jane L. Scheiber

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824852887.003.0017

The crucial turning point came in July 1944, when President Roosevelt visited Hawai`i and assigned his close adviser Samuel Rosenman to pursue talks looking toward a return of powers to the civilian government. Political considerations entered into the high-level policy deliberations at this time, as mainland journals began reporting on the Army’s suppressions of civil liberties in the Islands and the conservative Republican press cited the martial law regime as evidence of Roosevelt’s alleged lack of concern for constitutional values. In October 1944 the President issued Proclamation 2627, terminating martial law and restoring the writ of habeas corpus, at the same time establishing the Territory of Hawai`i as a “military area” and leaving General Richardson with broad powers over security-related matters. The Army retained Robert Morrison and the legal staff long after Japan’s surrender, both in order to prepare defenses against possible indemnification suits against the generals and to work out procedures for the return of the Japanese Americans who had been interned or evacuated. A special investigation in 1946 by the eminent expert on military law Frederick Wiener, ordered by the War Department, produced a blistering critique of General Morrison and his staff.

Keywords:   restoration, civilian rule, military necessity, Franklin D. Roosevelt, Robert Morrison, Samuel Rosenman, Frederick Wiener, Military Governor, martial law, Office of Internal Security

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