Nisei Divided
By Rob
Hellebrand
On December 7, 1941, the Imperial
Japanese Navy launched a surprise attack upon
While the
In the mid- to
late-nineteenth century, thousands of Chinese joined the
When Japanese immigrants
began moving onto American soil at the beginning of the 20th century, the European
immigrants didn't see much difference. As stated by James Duval Phelan, who was
serving as mayor of
The
Japanese are starting the same tide of immigration which we thought we had
checked twenty years ago... The Chinese and Japanese are not bona fide
citizens. They are not the stuff of which American citizens can be made.3
President
Theodore Roosevelt was concerned about anti-Japanese legislation in such places
as
On December 7, 1941, many
were able to justify their history of prejudice as
We have thousands of Japanese here... Some, perhaps
many... are good Americans. What the rest may be we do not know, nor can we
take a chance in the light of yesterday's demonstration that treachery and
double-dealing are major Japanese weapons.6
Despite the later historical evidence that most
Japanese immigrants were in fact very patriotic toward their adopted country,
all Japanese were now under suspicion. Even those born in the
The basic premise of
Executive Order 9066 was that in a time of war, the military can take command
of any geographic area and forcibly remove anyone. Decisions of who was to be
removed were to be at the discretion of the military. There was no mention in
the order that exceptions should be made for those who were citizens, those who
owned property, or those too young to be accountable or too old to safely make
the trip. There was no stipulation that any formal charges be brought against
anyone; this actually made it harder to contest, as guilt or innocence was not
an issue taken into consideration. Officially this order was a relocation of
civilians, not an internment of criminals. The semantics were hardly comforting
to those affected. It was ironic that there was no evacuation of Japanese from
the very territory that was attacked. Removing Issei and Nisei from
Within six weeks of the
Executive Order, Civilian Exclusion Orders were drawn up, with more specific
detail of how this mass exodus would be executed (see document 2).[8] Unlike E.O. 9066, there
was no attempt to explain the overall purpose of the relocation. These notices
simply contained the cold facts of what the evacuees would be permitted to take
with them as they were carted to “Reception Centers.” Services were promised
that would allow the civilians to sell, rather than just leave behind, their
homes, household goods, and livestock. “Transport persons” were allowed a
limited amount of clothing and equipment to keep for the trip. Storage would be
provided, but at the risk of the owner. Curfews were set. Evacuees may have
noticed that there was no mention of what was beyond these mysterious
Within days several
people challenged aspects of the forced removal. Min Yasui was a former law
student at the
The Japanese American Citizens League
(JACL) had little support for Min's test case (see document 4).[10]
This was early evidence that there would be opposing ideas within the
Issei/Nisei community regarding how to behave toward perceived oppressors. The
JACL clearly established a policy that opposed challenging the
The JACL recognized the possibility
that this would not be a popular position among their own people, already
feeling the criticism of their “seemingly indifferent stand.” Seven months
later a relocation camp newsletter, the Minidoka Irrigator, pled not
only with the JACL but all Nisei not to abandon Min (see document 5).[11] It cited the
authoritative (and unquestionably American) voices of Senator Robert Taft and
Judge James A. Fee. Both Taft and Fee doubted the constitutionality of the
curfew laws. Taft was quoted as calling the edicts “the sloppiest criminal law
I have ever seen or read anywhere.” Fee, despite his decision to convict Min,
ruled, “without the declaration of martial law, the military has no power to
regulate the life of the ordinary American citizen.” The editorial did not
explain the reason for the judge's apparent contradiction of convicting Min
while limiting the military's power. (Although one reason could have been that
Min could not be defined as an ordinary citizen because of his earlier ties to
the Japanese consulate office). Primarily, this editorial called for Nisei, who
had been critical of the JACL, to stop wasting their energy criticizing each
other and constructively do something to help Min and others in his plight.
Fred T. Korematsu did not
set out to challenge the relocation act with a test case; he simply hid from
it. Actually he claimed he was Mexican and went to work in a shipyard, helping
the war effort, but was eventually caught by the FBI. His defense team decided
to challenge the constitutionality of the Executive Order, but they lost and
Korematsu was convicted. Eventually the U.S. Supreme Court heard his case in
December 1944, in a landmark decision that upheld the legality of his incarceration.
On the way up the appellate process, in December 1943, the Ninth Circuit Court
of Appeals heard Korematsu’s case and also decided against him. However, one of
the judges, Judge Denman, wrote a dissenting opinion (see document 6).[12] Among other items, he
stated that when “as a war necessity, such wrongs are deliberately committed
upon it's [sic] citizens by a civilized nation, ordinary decent standards
require that compensation must be made.” He wrote that the “claimant should
look to Congress for this remedy.” Here was a judge who went on record to state
that not only was this relocation wrong, but that compensation was due to the
victims of military orders. Property had indeed been lost by those forced to
move with only days’ notice. This issue would really not be resolved until the
Civil Liberties Act of 1988, which partially compensated each survivor of E.O.
9066 for about $20,000. The surviving families of those who did not live until
1988 did not receive any money.
The recently formed Fair
Play Committee at the Heart Mountain, Wyoming relocation camp found hope in
Judge Denman’s words. Here was evidence that maybe the JACL was wrong, and that
displaced Nisei and Issei really did have a case worth fighting for. The memo
that described Judge Denman’s views stands as evidence of the political
activity and discussion going on at these relocation camps, with Kiyoshi
Okamoto named as an early leader of the Fair Play Committee. There was promise
of future announcements and activity.
Another twist in this
ironic tale brought matters to a head. On January 20, 1944, the Secretary of
War, Henry L. Stimson, upgraded all Nisei from 4-C (enemy alien status) to be
potentially eligible for 1-A (patriotic recruit status). The U.S. Government
wanted to draft the previously undraftable out of the camps and have them serve
their country. This action resulted in the all-Nisei 100th Battalion
and the 442nd Infantry. These units were some of the most decorated
in the entire war effort, as many members strived to prove their loyalty with
superhuman valor. Although most Nisei did register for the draft, a significant
and vocal minority had had enough, and flocked to join the Fair Play Committee
(FPC) and other such movements, who resisted the draft until their citizenship
status could be clarified. By mid-February the FPC was holding regular meetings
and had 275 dues-paying members.[13]
As chairman of the FPC,
Kiyoshi Okamoto prepared several drafts of a statement alternately entitled
"Loyalty is a Covenant" (see document 7)[14] and "We Should
Know" (see document 8)[15] in response to this
latest edict by the
Without a full slate of
civil liberties afforded by virtue of
With that, the Fair Play
Committee composed a letter of protest to the draft boards (document 9),[16] which basically informed
the boards why the “draft law was not intended for” them. Maintaining that they
were “true and loyal Americans,” they reserved the right of protest and
challenge. Using the aforementioned statements by Judge Denman and Abraham
Lincoln, they considered it their duty to defend the Constitution against this
“traitorous act.”
Some Nisei took this
argument one step further and called for full draft resistance, expatriation,
and even a renewed allegiance to
The reaction of the FPC
obviously surprised federal authorities and officials from the War Relocation Authority
(WRA). According to the Rocky Shimpo (document 11),[18] when five FPC members
were asked why they hadn't appeared for their pre-induction physical, they
simply replied, “I do not know whether I am an American citizen or not as an
enforced resident of this concentration camp.” Though the FPC members were
ready to be sent to jail over this assertion, the seemingly befuddled
authorities simply sent them home. The Rocky Shimpo may have revealed
their editorial bias by giving this story a banner headline, and explaining
that the FPC's logic was too much for the authorities.
The next day, the
official camp newspaper, the Heart Mountain Sentinel expressed their
opinion, which disapproved of “the so-called Fair Play Committee, which was
conceived in the mind of one of the center's most persistent and clever trouble
makers” (see document 12).[19] This editorial completely
supported the arrest of those who failed to respond to their pre-induction
physical examinations. The writer blamed the Issei for deluding the youths, as
it was asserted that the Issei were ambivalent in their feelings about fighting
against their former homeland. It called the FPC a “minuscule minority of
embittered persons who have lost faith not only in themselves and their futures
but in life itself.” It blamed the FPC for “bringing criticism on all persons
of Japanese ancestry” and the Japanese Empire for their present situation of
living behind barbed wire. The basic theme of the editorial was fear that
public opinion would turn against the Nisei because of this “small disgruntled
group,” and attempted reassurance that “the majority of nisei and their parents
believe wholeheartedly in selective service.”
It did not take long for
Paul Nakadate to respond to that editorial (see document 13).[20] In a letter to the
editor, Nakadate accused the Heart
Mountain Sentinel of “the weakest and cheapest editorial I've seen.” He
sensed that the Sentinel knew better than the inaccurate picture it
attempted to paint. He asked, “Why cannot the outside public know of our
genuine feeling instead of putting an artificial front in accordance with WRA
policy? If the Sentinel is going to be the Sentinel of this Camp I should like
it to have it come out clean and straight.” He criticized the Sentinel's
logic that since the FPC was small in numbers then they must be wrong. He
stated that, “democratic rule is not only the rule of the majority but the
protection of the minority.” This concept was probably not lost on the other
Nisei, as they themselves were a minority outside the barbed wire.
The same day the Sentinel
published Nakadate's letter, the editorial came out with even stronger language
against the FPC, describing them as “Janus-faced individuals [who] proceed
rat-like with stealthy approach to intimidate and even threaten with bodily
harm those who oppose them” (see
document 14).[21]
This language seemed to echo the vernacular of the American press
regarding “sly Japs.” The Sentinel
editorial reported that, “in the hidden recesses of boiler rooms and
latrines... leaders of the Fair Play Committee have fired with fanatical zeal
the weaker members.” It claimed that the FPC's “mimeographed
statements are purposely ‘toned-down’ for public consumption,” and did not
accurately reflect their true “rhetoric or wild-eyed statements of its
leaders.” The underlying motivation again seemed to be public opinion. There
were statements such as, “The entire community of
The following day, Frank
Emi, one of the founding members of the FPC, wrote a scathing four-page reply
to this latest editorial (see
document 15).[22]
He challenged the Sentinel editors to
produce any evidence of any of their charges regarding cloaked meetings and
intimidation in latrines. He called upon another reading of the Constitution,
and defended the FPC with:
If these persons
[the editors] feel that what they say is right, that what they write is being
loyal, why do they not volunteer their services to the combat unit? Why do they
not back up their convictions with parallel action? To sit in an office and
write bold words does not take courage.... We members of the FPC sincerely
believe that we are doing the right thing as loyal American citizens in
fighting for our rights and in trying to uphold our Constitution. We are
backing up our convictions with our stand, regardless of the consequences.
The next day, the Rocky Shimpo (document 16)[23] condemned the Heart
Mountain Sentinel for reversing its stand from its previous criticism of
the War Department's decision to open selective service. It unabashedly
defended the FPC from the attack of the Sentinel, which “has the audacity and
brazen ego to support efforts to crush and destroy... the Fair Play Committee.”
Omura accused the writers of being turncoats for being in favor of carting the
protesters off to jail.
On the same front page as
that editorial, the Shimpo[24] reported that the
With charges flying
against them, the FPC held a meeting (open to visitors) to clarify their
position (document 17).[25] As evidence against the Sentinel's
theory of secret agendas in these meetings, the notes of the meeting clearly
restated:
that the aim of the
F.P.C. is not to dodge the Selective Service as some people seem to think or
would like to have you think. The aim of the F.P.C. is to fight for our rights
as American Citizens as outlined by the Constitution and the Bill of Rights. A
person whose only disire [sic] is to dodge the draft is not wanted.
There were also references to rumors of their
financial situation and to members of the FPC who had been sent to
Okamoto had been sent to
Tule Lake Segregation Camp on charges of disloyalty. (In 1943,
Omura decided to clarify
his reasons for support of the FPC in his editorials, as the JACL and WRA had
charged Omura with encouraging others to resist the draft. Omura countered that
his support for the FPC was based on its moderate principles. He hoped that by
giving publicity to the movement it would discourage more rash movements such
as those at Amache, where internees had expressed disloyalty to the
Pressure continued to
increase against Omura, and the FPC wrote a letter to go on record that Omura
was in no way connected with the FPC (document 19).[27] The FPC also sought to
further clarify its position to defend against growing misperception and
slander. In the letter, the FPC denied encouraging draft evasion or violating
selective service law. They declared, “That the aim of the FPC is to seek a
clarification of our citizenship status and restoration of our Constitutional
rights through Judicial pronouncement or by Congressional act.” The FPC asked
the Shimpo to print the
letter to try to settle the matter. The letter indicated the extent of the
turmoil at the Heart Mountain Camp regarding issues of the draft and
citizenship, as the FPC characterized its adversaries as “the bigoted JACL
publication, the spineless, kow-towing
By May of 1944, the
members of the FPC realized they were facing probable punishment for their
actions. Okamoto wrote a letter (document 20)[28] attempting to reassure
them that they were doing the right thing. He promised that the truth would
some day be brought to light, and a day when “the Public will come to know of
your integrity and courage.” He assured them that although their case may be
decided against them, this was “a holy fight,” for themselves, their “children,
the other Minorities of this Nation and for the Constitution and the Bill of
Rights.” He also wrote about the news that the U.S. District Attorney had
removed Omura from his job. (The Sentinel had announced Omura's ouster
on the front page of its April 22, 1944 issue). Okamoto blamed Robertson, the Sentinel,
and the Pacific Citizen for the faulty accusations against Omura for
inciting the FPC into rebellion. Apparently the earlier statement from the FPC
which assured Omura’s lack of involvement with the FPC had gone unheeded.
On June 26, 1944, about
three weeks after D-Day, sixty-three Nisei waived the right to a jury and were
found guilty in a mass trial by Judge T. Blake Kennedy for failing to report to
pre-induction physicals (document
21[29] and document 22[30]). The headline of The
Wyoming Eagle revealed how Nisei were viewed at the time, when they wrote,
“63 Japs Are Given 3-Year Terms in Pen.” The headline recalled the saying,
“once a Jap, always a Jap,” even if each of the 63 was born in this country and
never actually was a Jap. According to the Eagle,
Judge Kennedy felt that the Nisei's citizenship was indeed clarified when
Congress ordered them to report for the draft. No further clarification was
necessary. Although the question of relocation was not on trial, Kennedy took
the liberty to comment on it anyway, defending the practice as necessary for
the nation's defense. The judge said, “It's my personal opinion that most of
these defendants deliberately chose a course which would result in their
incarceration rather than to serve their country.” The judge did not sympathize
with the FPC's plea that they were serving their country.
The Heart Mountain
Sentinel labeled the three year terms as “Years of Uselessness” for
sixty-three men (document 23).[31] They characterized the
sixty-three as blindly following “the word and advice of the self-appointed
prophets of the Fair Play Committee.” The Sentinel reported that “a
number of the youths... wanted to change their minds and enter the armed
services,” but, again, aware of the importance of others’ opinions, that “was
impossible because they would certainly lose face with their codefendants.” The
Sentinel failed to explain how they were privy to the thoughts of these
youths. The Sentinel pointed out that, “even after they have served
their sentences they will face an outside world decidedly unfriendly to
slackers.” There was no acknowledgment that the sixty-three thought they were
standing up for something they deemed important; instead the article focused on
the personal embarrassment of having to serve time. The Sentinel called
for even heavier sentences on the leaders, who would be tried in October.
The day after the trial
of the sixty-three, a young man named Jimmie Akutsu from the
A person of Japanese
ancestry can be accused of almost anything, and the manufactured hysteria of
hatred toward all things Japanese at present would revolve to his detriment
regardless of his innocence and non-complicity.
Omura sympathized with Akustu's wish to deny the
draft board, but emphasized that that would not be the best course. He wrote
that, “in times of war, I feel that the extent we can go is to file a protest
but to comply with the requirements however much we may resent their
imposition.” The reason he was in favor of the FPC's actions was that it could
reach the Supreme Court and establish a precedent. However, he welcomed more
explanation of Akutsu's personal feelings as to why he wanted to resist the draft,
although he was “familiar with the various facets of this problem as concerns
the individual Nisei.”
On November 2, 1944, the
seven leaders of the FPC (Kiyoshi Okamoto, Paul Nakadate, Isamu "Sam"
Horino, Minouro Tamesa, Ben Wakaye, Guntaro Kubota, and Frank Emi (who
ironically was not 1A since he had a wife and child)) were found guilty and
ordered to serve four years at Leavenworth for “aiding and abetting persons to
evade registration or service in the land or sea forces of the United States,
and conspiracy" (see
document 25).[33]
James Omura was also charged, but found not guilty, probably due to the fact
that he was never a member of the FPC; he was merely sympathetic to their
views.
The following day, The
Wyoming Tribune (see
document 26)[34]
featured a story about a Nisei war hero who had nothing but contempt for the
recently convicted leaders of the FPC. Sgt. Ben Kuroki characterized their activities
as “A stab in the back.” The Tribune used that grisly quote to open the
article and catch their readers. The misunderstanding among Nisei was still
evident, as the decorated Nisei airman referred to the FPC leaders, saying,
These men are
Fascists in my estimation and no good to any country. They have torn down all
the rest of us have tried to do. I hope that these members of that Fair Play
Committee won't form the opinion of
Earlier, Kuroki had met the resisting Nisei at
Despite the apparent
turmoil at the
Even at
President Harry Truman later offered the draft resisters a blanket
pardon shortly after the war. But the misunderstanding between two groups of
Nisei, some preaching public acceptance and others defending their individual
liberties, led to a bitterness that only recently has begun to soften. James Omura stood as an example of a victim of that bitterness.
Despite his acquittal, the condemnation of the JACL dried up his employment
opportunities, and he gave up journalism to become a gardener. He turned his
back on other Japanese-American concerns, and was presumed dead until he showed
up at a meeting in
After years of
accusations against members of the FPC for being traitors or spineless, the
JACL over the past few years has recognized that the members of the FPC were
acting as patriotically as those who went overseas. Members of a generation who
had buried their stories from their children were finally coming out and being
honored. Sixty years later, several members of the Fair Play Committee were
willing to share their experiences when they were invited to symposiums. A PBS
broadcast shared their story in 2002. Okamoto's promise was finally coming
true, as the American public was coming to know of their integrity and courage.
However, some former members of the FPC have expressed their concern for the 21st
century, as several
1 U.S. Immigration and Census Data, as cited by Roger Daniels, Prisoners Without Trial, (New York, Hill and Wang, 1993), p. 5.
2 Slogan of union led by Dennis Kearney, as quoted in Daniels, p. 7.
3 James Duval Phelan, as quoted in Daniels, p. 9.
4 Roger Daniels, Coming to
5
Daniels, Coming to
6
The
[7] Franklin D. Roosevelt, “Executive Order 9066,” February 19, 1942
[8] Copy of document printed in Daniels, Prisoners, p. 28.
[9] Photograph available in Maisie and Richard Conrat, Executive Order 9066: The Internment of 110,000 Japanese Americans, (Cambridge, Massachusetts, The MIT Press, 1972), p. 45.
[10] Japanese American Citizens League: Office of the National Secretary, Bulletin 142, April 7, 1942, document available at: Frank Abe, Conscience and the Constitution: A Story of Japanese America, http://www.resisters.com/testc1.jpg (May 28, 1999).
[11] Minidoka Irrigator, “Nisei, Your Next Move,” November 25, 1942, document available at Abe, http://www.resisters.com/Minidoka-Yasui.htm (May 28, 1999).
[12] Kiyoshi Okamoto, “Congress Should Compensate Those Wronged,” early 1944, document available at Abe, http://www.resisters.com/images/Compensate.gif (May 28, 1999).
[13]
Arthur A. Hansen, “The 1944 Nisei draft at
[14] Okamoto, “Loyalty is a Covenant,” early 1944, document available at Abe, http://www.resisters.com/images/Covenant1.gif (May 28, 1999)
[15] Okamoto, “We Should Know,” February 25, 1944, document available at Abe, http://www.resisters.com/images/WeShdKnow1.jpg (May 28, 1999)
[16] Letter of protest to draft boards, early 1944, available at Abe, http://www.resisters.com/images/Form-letter.gif (May 28, 1999).
[17] Jimmie Omura, “Let Us Not Be Rash,” Rocky Shimpo, February 28, 1944, document available at Abe, http://www.resisters.com/rash.jpg (May 28, 1999).
[18]
“
[19] “Our Cards on the Table,” Heart Mountain Sentinel, March 11, 1944, Frank Abe (frankabe@resisters.com), “RE:when are future postings coming?” e-mail to Rob Hellebrand (hellebrs@proaxis.com) May 29, 1999.
[20] Paul Nakadate, Letters to the Editor, Heart Mountain Sentinel, March 18, 1944, document available at Abe, http://www.resisters.com/NakadateHMS.gif (May 28, 1999).
[21] Editorials, “Provocateurs,” Heart Mountain Sentinel, March 18, 1944, Abe, e-mail to Rob Hellebrand, May 29, 1999.
[22] Frank Emi, “To the Sentinel Editors:,” Heart Mountain Sentinel, March 19, 1944, document available at: Abe, http://www.resisters.com/images/Emi-HMS1.gif (May 28, 1999).
[23] Omura, “The Sentinel Reverses Its Stand,” Rocky Shimpo, March 20, 1944, p. 1, document available at: Abe, http://www.resisters.com/images/RkyDisturb.jpg (May 28, 1999).
[24]
“
[25] Fair Play Committee Meeting Notes, March 5, 1944, document available at: Abe, http://www.resisters.com/images/FPCnotes1.gif (May 28, 1999).
[26] Omura, Letter to Kiyoshi Okamoto, April 10, 1944, document available at: Abe, http://www.resisters.com/images/Omura-Okamoto1.gif (May 28, 1999).
[27] Fair Play Committee, Letter to James M. Omura, April 19, 1944, document available at: Abe, http://www.resisters.com/images/FPC-Omura1.gif (May 28, 1999).
[28] Okamoto, Letter to “the members of the FPC who are jail birds today and loyal Americans tomorrow when the Public will come to know of your integrity and courage,” May 7, 1944, document available at: Abe, http://www.resisters.com/images/Okamoto-FPC.gif (May 28, 1999).
[29] Verdict Form for Wyoming Criminal Case 4928 (see also cases 4931-4992), June 26, 1944, document available at: Abe, http://www.resisters.com/images/VerdictFujii.gif (May 28, 1999).
[30] “63 Japs are Given 3-Year Terms in Pen,” The Wyoming Eagle, June 27, 1944, pp. 1, 8, document available at: Abe, http://www.resisters.com/wyoming.jpg (May 28, 1999).
[31] “Years of Uselessness,” Heart Mountain Sentinel, July 1, 1944, E-mail from Frank Abe to Rob Hellebrand, May 29, 1999.
[32] Omura, Letter to Jimmie Akutsu, July 10, 1944, document available at: Abe, http://www.resisters.com/images/Omura-Akutsu1.gif (May 28, 1999).
[33]
District Court of the
[34] Louise Love, “Nisei War Hero Hits Japanese-Americans Who Fight the Draft,” The Wyoming Tribune, November 3, 1944, email from Frank Abe to Rob Hellebrand, May 29, 1999.
[35] Hansen, part 2, page 1.
[36] Hansen, ibid, page 2
[37] ibid
[38] Japanese-American Internment and its Contemporary Implications, February 20, 2004, Symposium presented by the Center for Critical Theory and Transnational Studies, University of Oregon, Eugene, Oregon.