public despatches as hereinafter provided for, such person or persons shall, on conviction, suffer all the pains and penalties by the laws provided for such offences. And I do hereby enjoin and require all persons bearing office, civil or military, within or under the authority of the United States, and all others, citizens or inhabitants thereof, or being within the same, with vigilance and promptitude, to exert their respective authorities, and to be aiding and assisting to the carrying this proclamation, and every part thereof, into full effect. THOMAS JEFFERSON Proclamation-April 25, 1851 ALIENS IN THE UNITED STATES PREPARING TO OUTFIT FOR HOSTILITIES AGAINST FRIENDLY NATIONS By the President of the United States A Proclamation WHEREAS there is reason to believe that a military expedition is about to be fitted out in the United States with intention to invade the Island of Cuba, a colony of Spain, with which this country is in peace; and whereas it is believed that this expedition is instigated and set on foot chiefly by foreigners who dare to make our shores the scene of their guilty and hostile preparations against a friendly power; and seek by falsehood and misrepresentation to seduce our own citizens, especially the young and inconsiderate, into their wicked schemesan ungrateful return for the benefits conferred upon them by this people, in permitting them to make our country an asylum from oppression-and in flagrant abuse of the hospitality thus extended to them; And whereas such expeditions can only be regarded as adventures for plunder and robbery, and must meet the condemnation of the civilized world, whilst they are derogatory to the character of our country-in violation of the laws of nations-and expressly prohibited by our own. Our statutes declare "that if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominations of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years:" Now, therefore, I have issued this my Proclamation, warning all persons who shall connect themselves with any such enterprise or expedition in violation of our laws and national obligations that they will thereby subject themselves to the heavy penalties denounced against such offences, and will forfeit their claim to the protection of this government, or any interference in their behalf, no matter to what extremities they may be reduced in consequence of their illegal conduct. And therefore I exhort all good citizens, as they regard our national reputation, as they respect their own laws and the laws of nations, as they value the blessings of peace and the welfare of their country, to discountenance, and, by all lawful means, prevent any such enterprise; and I call upon every officer of this government, civil or military, to use all efforts in his power, to arrest for trial and punishment every such offender against the laws of the country. Given under my hand, the twenty-fifth day of April, in the year of our Lord one thousand eight hundred and fifty-one, and the seventyfifth of the Independence of the United States. MILLARD FILLMORE Proclamation 2406-May 11, 1940 USE OF PORTS OR TERRITORIAL WATERS OF THE UNITED STATES BY SUBMARINES OF FOREIGN BELLIGERENT STATES By the President of the United States A Proclamation WHEREAS section 11 of the Joint Resolution approved November 4, 1939, provides: "Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state, will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine or armed merchant vessel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limitations as the President may prescribe. Whenever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply, except as to offenses committed prior to such revocation.' WHEREAS there exists a state of war between Germany on the one hand and Belgium and the Netherlands on the other hand; WHEREAS the United States of America is neutral in such war; WHEREAS by my proclamation of November 4, 1939, issued pursuant to the provision of law quoted above, I placed special restrictions on the use of ports and territorial waters of the United States by the submarines of France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa; NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority vested in me by the foregoing provision of section 11 of the Joint Resolution approved November 4, 1939, do by this proclamation declare and proclaim that the provisions of my proclamation of November 4, 1939, in regard to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, shall also apply to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of Belgium and the Netherlands. AND I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said Joint Resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this eleventh day of May, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixtyfourth. FRANKLIN D. ROOSEVELT Proclamation 2540-Feb. 10, 1942 ESTABLISHING BOSTON MARITIME CONTROL AREA AND By the President of the United States A Proclamation WHEREAS the United States is now at war, and the establishment of the maritime control area hereinafter described is necessary in the interests of national defense: NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, by virtue of the authority vested in me as President of the United States, and as Commander-in-Chief of the Army and Navy of the United States, and in accordance with the principle of self-defense of the Law of Nations, do hereby establish and proclaim the following-described area as the Boston Maritime Control Area, and prescribe the following regulations for the control thereof: BOSTON MARITIME CONTROL AREA All waters within the area enclosed by lines running as follows: Beginning at the intersection of the western shore of Sandy Bay, Cape Ann, Massachusetts, and the parallel of latitude 42°40′ North, in approximate Longitude 70°37′23′′ West; thence along that parallel to Longitude 70°12′30′′ West; thence along approximate true bearing 152° to position Latitude 42°00' North, Longitude 69°44' West; and thence west true to the eastern shore of Cape Cod, Massachusetts, in approximate Longitude 72°01'10" West. REGULATIONS FOR THE CONTROL OF BOSTON MARITIME CONTROL AREA 1. A vessel not proceeding under United States naval or other United States authorized supervision shall not enter or navigate the waters of the above-described Maritime Control Area except during daylight, when good visibility conditions prevail, and then only after specific permission has been obtained. Advance arrangements for entry into or navigation through or within the said Area must be made, preferably by application at a United States Naval District Headquarters in advance of sailing, or by radio or visual communication on approaching the seaward limits of the Area. If radio telegraphy is used, the call "NQO" shall be made on a frequency of 500 kes, and permission to enter the port requested. The name of the vessel, purpose of enery, and name of master must be given in the request. If visual communications are used, the procedure shall be essentially the same. 2. Even though permission has been obtained, it is incumbent upon a vessel entering the said Area to obey any further instructions received from the United States Navy, or other United States authority. 3. A vessel may expect supervision of its movements within the said Area, either through surface craft or aircraft. Such controlling surface craft and aircraft shall be identified by a prominent display of the Union Jack. 4. These regulations may be supplemented by regulations of the local United States naval authority as necessary to meet local circumstances and conditions. 5. Should any vessel or person within the said Area disregard these regulations, or regulations issued pursuant hereto, or fail to obey an order of the United States naval authority, or perform any act threatening the efficiency of mine or other defenses, or take any action therein inimical to the defense of the United States, such vessel or person may be subjected to the force necessary to require compliance, and may be liable to detention or arrest, or penalties or forfeiture, in accordance with law. The Secretary of the Navy is charged with the enforcement of these regulations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of American to be affixed. DONE at the City of Washington this 10th day of February, in the year of our Lord nineteen hundred and forty-two, and of the Independence of the United States of America the one hundred and sixty-sixth. FRANKLIN D. ROOSEVELT Executive Order 9066-Feb. 19, 1942 AUTHORIZING THE SECRETARY OF WAR By the President of the United States WHEREAS the successful prosecution of the war requires every possible protection against espionage and against sabotage to nationaldefense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of November 30, 1940, 54 Stat. 1220, and the Act of August 21, 1941, 55 Stat. 655 (U.S.C., Title 50, Sec. 104): NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the Proclamations of December 7 and 8, 1941,1 and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas. I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies. I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of War or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospi 16 F.R. 6321, 6323, 6324. |