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— 2 — SUMMARY OF ARGUMENT. There is no reasonable basis for the military exclusion orders affecting American citizens of Japanese ancestry. Neither the numbers nor the distribution of those of Japanese ancestry on the Pacific Coast constituted a "military necessity." Few Americans of Japanese ancestry are dual citizens and dual citizenship was no legitimate basis for the evacuation orders. Japanese language schools were neither unique nor subversive and their graduates have served America loyally in the present crisis. The religious views of resident Japanese and Americans of Japanese ancestry constituted no danger to internal security and provided no legitimate reason for evacuation. The Kibei were a small group whose members could have been easily located and controlled; many of them are patriotic Americans who have performed extensive wartime service for this country. The many effective measures applied by the Department of Justice before removal made evacuation unnecessary. The doctrine of "protective custody" is un-American and dangerous to our institutions. There was no public threat to persons of Japanese ancestry and no genuine popular demand that they be removed. Contrary to unsubstantiated assumptions and assertions, Americans of Japanese ancestry are well assimilated and loyal. Abundant and reliable information was on hand to prove this at the time of the evacuation. Evacuation was not a military necessity but was due to false reports of sabotage in Hawaii, to the activities of anti-oriental pressure groups and unscrupulous competitors; and most important of all to the admitted race prejudice of the Commanding General who issued the evacuation orders. ARGUMENT. There Was No Reasonable Basis lor the Military Exclusion Orders Affecting American Citizens of Japanese Ancestry; and Hence They Are Unconstitutional. 1. The Grounds Which Are Claimed Constitute the Alleged Military Necessity for Evacuation Reviewed. When the Attorney General of the United States announced to the nation that the President, by Executive order,, had authorized the Secretary of War or those to whom he delegated this power, to eject citizens or aliens from designated areas, he admitted that he "knew of no other instance when this country had set up a plan which could involve a mass evacuation."1 The manner in which this grant of power has been exercised has been a matter of grave, concern to all students of government and of minority questions. Attorney General Francis Biddle has himself raised this question, declaring: "The legal theory on which they (citizens of Japanese ancestry) were excluded was that anyone—citizen and alien alike—could be moved out of a war area for its protection. The theory was valid enough. But, like most theories, its ultimate test depended on the reasonableness of its exercise."2 In commenting upon a much less drastic restriction upon the individual and 1Special Washington, D. C, dispatch of Lewis Wood to the New York Times, February 20, 1942. New York Times, February 21, 1942. !In "Democracy and Racial Minorities," an address delivered at the annual dinner of the Jewish Theological Seminary of America. November 11, 1943. Printed in Common Ground, Winter, 1944.
Object Description
Title | The Case For The Nisei |
Subjects | Identity and values--Nisei |
Type | image |
Genre | Books |
Language | eng |
Collection | Hirasuna Family Papers |
Collection Description | 113 items |
Project Name | California State University Japanese American Digitization Project |
Rights | Rights not yet transferred |
Description
Local ID | csufr_hfp_0743 |
Project ID | csufr_hfp_0743 |
Title | Page 2 |
Creator | Japanese American Citizens League |
Date Created | Unknown |
Subjects | Identity and values--Nisei |
Type | image |
Genre | Books |
Language | eng |
Collection | Hirasuna Family Papers |
Collection Description | 5.31 x 8.46in |
Rights | Rights not yet transferred |
Transcript | — 2 — SUMMARY OF ARGUMENT. There is no reasonable basis for the military exclusion orders affecting American citizens of Japanese ancestry. Neither the numbers nor the distribution of those of Japanese ancestry on the Pacific Coast constituted a "military necessity." Few Americans of Japanese ancestry are dual citizens and dual citizenship was no legitimate basis for the evacuation orders. Japanese language schools were neither unique nor subversive and their graduates have served America loyally in the present crisis. The religious views of resident Japanese and Americans of Japanese ancestry constituted no danger to internal security and provided no legitimate reason for evacuation. The Kibei were a small group whose members could have been easily located and controlled; many of them are patriotic Americans who have performed extensive wartime service for this country. The many effective measures applied by the Department of Justice before removal made evacuation unnecessary. The doctrine of "protective custody" is un-American and dangerous to our institutions. There was no public threat to persons of Japanese ancestry and no genuine popular demand that they be removed. Contrary to unsubstantiated assumptions and assertions, Americans of Japanese ancestry are well assimilated and loyal. Abundant and reliable information was on hand to prove this at the time of the evacuation. Evacuation was not a military necessity but was due to false reports of sabotage in Hawaii, to the activities of anti-oriental pressure groups and unscrupulous competitors; and most important of all to the admitted race prejudice of the Commanding General who issued the evacuation orders. ARGUMENT. There Was No Reasonable Basis lor the Military Exclusion Orders Affecting American Citizens of Japanese Ancestry; and Hence They Are Unconstitutional. 1. The Grounds Which Are Claimed Constitute the Alleged Military Necessity for Evacuation Reviewed. When the Attorney General of the United States announced to the nation that the President, by Executive order,, had authorized the Secretary of War or those to whom he delegated this power, to eject citizens or aliens from designated areas, he admitted that he "knew of no other instance when this country had set up a plan which could involve a mass evacuation."1 The manner in which this grant of power has been exercised has been a matter of grave, concern to all students of government and of minority questions. Attorney General Francis Biddle has himself raised this question, declaring: "The legal theory on which they (citizens of Japanese ancestry) were excluded was that anyone—citizen and alien alike—could be moved out of a war area for its protection. The theory was valid enough. But, like most theories, its ultimate test depended on the reasonableness of its exercise."2 In commenting upon a much less drastic restriction upon the individual and 1Special Washington, D. C, dispatch of Lewis Wood to the New York Times, February 20, 1942. New York Times, February 21, 1942. !In "Democracy and Racial Minorities," an address delivered at the annual dinner of the Jewish Theological Seminary of America. November 11, 1943. Printed in Common Ground, Winter, 1944. |