was taken back to the National Recovery Administration. Apparently no copy was sent to the State Department, and this paper does not appear in the printed series of executive orders. But on December 16, 1933, an executive order (No. 6511) providing for the "Continuance of the National Labor Board, etc." was approved. On December 11, 1933, the President created a committee "to recommend permanent machinery to coordinate all government relations to American foreign trade." No executive order was issued, the only information regarding the creation of the committee being a White House press release. On March 23, 1934, the office of Special Adviser on Foreign Trade was created by Executive Order No. 6651, which specifically stated that the committee was "supplanted by the present arrangement." In this case an executive order definitely terminated a unit created without an executive order. Prior to March 14, 1936, executive orders were issued in separate form only, but beginning with that date the method of publication was changed as is indicated below. Notwithstanding their importance all of them have not been assembled or listed in any government publications.3 In a few cases the departments have printed collections of executive orders relating to their work, notably the executive orders relating to Indian reservations and the executive orders relating to the Panama Canal. Orders relating to appointments in the classified civil service without examination are generally listed or reprinted in the Annual Report of the Civil Service Commission or in the publication of that Commission entitled Civil Service Act and Rules, Statutes, Executive Orders, and Regulations, issued at irregular intervals. The text of some is given in the 1934 and later editions of the United States Code. For some years prior to March 14, 1936, each proclamation was issued in separate form, but the method of publication of individual proclamations and executive orders was changed with the first issue of the Federal Register on March 14, 1936. Beginning on that date, the Federal Register contains all these papers "except such as have no general applicability and legal effect or are effective only against federal agencies or persons in their capacity as officers, agents or employees thereof." The existing series was continued as heretofore, but the separate prints included only such papers as were not published in the Federal Register. Separate prints of the relatively infrequent executive orders without general applicability and legal effect were discontinued after the publication of Executive Order No. 10006 of October 9, 1948. This order requires current publication in the Federal Register of all proclamations and executive orders. Beginning with Proclamation No. 2287 of June 6, 1938, and Executive Order No. 7906 of the same date, proclamations and executive orders have been published by the Office of the Federal Register in the supplements to Title 3 of the Code of Federal Regulations. The first of these was published in 1944 and covered the period through June 1, 1943. An additional supplement covered the remainder of 3 A manuscript checklist of papers bearing the designation "executive order," to Jan. 1, 1937, compiled by Sophy H. Powell, is on file at the School of Government of George Washington University. 1943. Subsequently, supplements covering calendar years were issued annually. Periodically they are cumulated in larger volumes entitled "compilations." As of January 1, 1960, the entire series was composed of the following volumes: 1. Title 3, Book 1, Cumulative Supplement; 3. Title 3, 1949-53 Compilation; and 4. The 1954-58 Supplements to Title 3. Prior to September 1947 all proclamations and executive orders were listed in the Monthly Catalog under the heading "President of United States" with citations to the Federal Register if they appear in that publication; in the index they are entered under the subject. In the biennial Document Catalog the detailed entry was under the subject matter, subentry "President of the United States." Prior to Volume 12 (1913-15) a detailed entry appeared also under the main entry "President of the United States," with subentry under the subject matter; in Volume 12 and later issues the only detailed entry is under the subject matter. Under the main entry "President of the United States," subentries "Proclamations" and "Executive orders," were numerical lists of the proclamations and executive orders with cross references to the subject-matter entry. At present all proclamations are assembled in one section of the Statutes at Large, being generally in Part 2 if more than one part is printed. There is probably no volume or series that contains all the proclamations. Some of these papers issued between 1791 and 1855 are given in Volumes 3, 4, 5, 9, 10, and 11 of the Statutes at Large. Each volume subsequent to Volume 10 purports to contain the proclamations issued during the congress or congresses covered by the volume. A note in Volume 11 states that it contains all proclamations not previously published, but this is not true, as President Washington's first Thanksgiving proclamation of October 3, 1789, did not appear in the Statutes at Large until 1932, when it was quoted in President Hoover's Thanksgiving proclamation of that year (47 Stat. 2539). It is given by Richardson, who quoted it from Jared Sparks' Writings of George Washington. Several other proclamations which are not in the Statutes at Large are given by Richardson, but one of March 22, 1880, referred to in an act of June 20, 1890 (26 Stat. 169), is in neither Richardson nor the Statutes at Large. The original of the proclamation of March 20, 1880, has not been located, but printed copies are reported at several places. The files of the General Land Office contain copies of many papers which purport to the proclamations but which were never published in the Statutes at Large. Apparently none of these have been countersigned by the Secretary of State, and this circumstance probably accounts for their not appearing in the Statutes at Large. There appears to be no law requiring the countersignature of proclamations by the Secretary of State, and the absence of such countersignature apparently does not affect the validity of the instrument. Richardson's Messages and Papers of the Presidents purports to contain proclamations during the period covered by that work, but as has been noted above there are omissions. Proclamations issued prior to 1909 changing rates of duty are given in Tariff Acts... of the United States from 1789 to 1909, published as House Document 671, 61st Congress, 2d session; an earlier edition was published as House Document 562, 55th Congress, 2d session. The more important proclamations of Presidents Hoover and Franklin D. Roosevelt are given in the collections of their papers cited on page 314. The Roosevelt papers contain also many of the executive orders. Complete lists of proclamations and executive orders from March 1933 to January 1937 are given on pages 515-624 of Volume 4 (1935) of the Public Papers and Addresses of Franklin D. Roosevelt. There is no assembled index to all the proclamations, but citations to the Statutes at Large containing those prior to March 4, 1931, on certain subjects are given in Index to the Federal Statutes, 1789–1931, as follows: Copyright privileges extended to citizens of foreign countries under acts of Mar. 4, 1909 (35 Stat. 1075), and Mar. 3, 1891 (26 Stat. 1110), as amended Page 256 Prohibition of exports under acts of Apr. 22, 1898 (30 Stat. 739), Mar. 14, 414 Changes in rates under acts of Sept. 21, 1922 (42 Stat. 941), and June 17, 1930 (46 Stat. 701). 305 Minimum rates under act of July 24, 1897 (30 Stat. 203). 895 304 Reciprocal modifications under act of Oct. 1, 1890 (26 Stat. 612) __. 895 334 334 Tonnage charges and duties: Suspension of tonnage charges under act of July 24, 1897 (30 Stat. 1046 Suspension of tonnage duties under Sec. 4228, Revised Statutes__. 1047 OTHER PAPERS While treaties are proclaimed by the President, they are not included in the proclamation series. Forms of publication of treaties are discussed in Chapter 13. Appointments made by and with the advice and consent of the Senate are listed in the Congressional Record when the nomination is transmitted to the Senate. As a general rule appointments made during a recess of the Senate or those not requiring confirmation cannot be verified in any official publication. Appointments in the Foreign Service are listed in the Department of State Bulletin.* Not all the formal acts of the President are expressed in proclamations or executive orders. While the appointment of a clerk without regard to civil service rules is evidenced by an executive order, the pardon of a prisoner, the commutation of a sentence, and many other acts of the President are evidenced merely by endorsement of the recommendation and without formal publication. Press statements issued by the White House are given in the published papers of President Hoover and Franklin D. Roosevelt. The Roosevelt papers contain also many transcripts of the questions and answers at the presidential press conferences. 4 * Prior to July 1939 they were published in Press Releases issued by the State Department. A list showing the places of deposit of the unpublished papers of the Presidents was inserted in the Congressional Record on July 13, 1939, during the debate on Senate Joint Resolution 118, which provides for the establishment and maintenance of the Franklin D. Roosevelt Library, where the manuscript papers of Franklin D. Roosevelt are deposited.5 PRESIDENTIAL LIBRARIES Since 1939 three presidential libraries have been established under the sponsorship of the federal government. Only two similar institutions, the Hayes Memorial Library in Ohio and the Hoover Library at Stanford University in California, had been established prior to 1939. The Franklin D. Roosevelt Library at Hyde Park, New York, was established by a joint resolution of Congress passed in 1939, which provided for its acceptance and operation by the Archivist of the United States. Under the act of 1955, generally called the Presidential Libraries Act, the Harry S. Truman Library at Independence, Missouri, and the Dwight D. Eisenhower Library at Abilene, Kansas, have been established. The Hoover Foundation recently announced that a library museum to house papers, books, and documents of Herbert Hoover will be built at the Hoover birthplace park in West Branch, Iowa. The documents now housed at the Hoover Library at Stanford University will be located here. While not a presidential library, a John Foster Dulles library of diplomatic history is planned by the State Department and Princeton University as a tribute to the former Secretary of State. 5 Congressional Record, daily ed., July 13, 1939, p. 12646. SELECT BIBLIOGRAPHY ON EXECUTIVE ORDERS Binkley, Wilfred E., The Powers of the President: Problems of American Democracy-Garden City, New York, Doubleday, Doran & Co., 1937. Burns, James M., Presidential Government-Houghton Mifflin, 1973. Clark, Keith, and Lawrence Legree, The President and the Management of National Security-Praeger, 1969. Cochran, Bert, Harry Truman and the Crisis Presidency-Funk and Wagnalls, 1973. Corwin, Edward S., The President-Office and Powers. 1787-1957: History and Analysis of Practice and Opinion-4th rev. ed. New York University Press, 1957 519 pp. Cronin, Thomas E., The State of the Presidency-Brookings Institution, 1974. Cronin, Thomas E., and Sanford D. Greenberg-The Presidential Advisory System-Harper and Row, 1969. Donovan, John C., The Policy Makers-Pegasus, 1970. Duke University School of Law, The Presidential Office, Durham, North Carolina, 1956 (from Vol. 21. Law and Contemporary Problems 608). Fisher, Louis, President and Congress-Free Press, 1972. Haltzman, Abraham, Legislative Liaison: Executive Leadership in Congress— Rand McNally, 1970. Hart, James, The Ordinance Making Powers of the President of the United States. Baltimore, The Johns Hopkins Press, 1925. Hart, James, The American Presidency in Action, 1948. Hoopes, Townsend, The Limits of Intervention-McKay, 1969. Hughes, Emmet John, The Living Presidency-Coward, McCann and Geoghegan, 1973. James, Dorothy B., The Contemporary Presidency-Pegasus, 1969. Johnson, Donald B., and Jack L. Walker, Dynamics of the American Presidency-Wiley, 1974. Koenig, Louis, The Chief Executive-Harcourt, Brace and Would, 1968. Laski, Harold J., The American Presidency: An Interpretation, London, C. Allen & Unwin, Ltd., 1940. Liston, Robert, Presidential Power: How Much is too Much?-McCraw, 1971. Milton, George F., The Use of Presidential Power, 1789–1943, New York, Octagon Book, 1965. Moe, Ronald C., Congress and the President-Goodyear, 1971. Morgan, Ruth, The President and Civil Rights; Policy-Making by Executive Muller, John E., Wade, Presidents and Public Opinion-Wiley, 1973. Polsby, Nelson W., The Modern Presidency-Random House, 1973. Popper, Frank, The President's Commissions-Twentieth Century Fund, 1970. Rankin, Robert S. and Dallmayr, Winfried R., Freedom and Emergency Powers in the Cold War, New York, Appleton-Century-Crofts, 1964. Reedy, George E., The Presidency in Flux-Columbia University Strum, Philippa, Presidential Power and American Democracy-Goodyear, 1972. |