Executive Order No. 9066


EXECUTIVE ORDER NO. 9066

The President

EXECUTIVE ORDER
AUTHORIZING THE SECRETARY OF WAR TO PRESCRIBE MILITARY AREAS

WHEREAS the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense 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, 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, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.

This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order No. 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7 and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.

FRANKLIN D. ROOSEVELT
THE WHITE HOUSE,
February 19, 1942


Commentary by Roger Daniels

On February 19, 1942, a "day of infamy" as far as the Constitution is concerned, Franklin Roosevelt signed Executive Order 9066, which was the instrument by which just over 120,000 persons, two-thirds of them American citizens, were confined in concentration camps on American soil, in some cases for nearly four years. Yet the document itself is strangely reticent. It mentions no ethnic or racial group by name, nor does it specify place. President Roosevelt delegated to the Secretary of War and to "the Military Commanders whom he may . . . designate" the authority to name "military areas" from which "any or all persons may be excluded" and indicated that transportation, food, shelter, and other accommodations" may be provided for such persons "until other arrangements are made." All this was in the name of the "successful prosecution of the war," which lawyers later shortened to "military necessity."

This elliptical legal language was not intended to fool anyone. The press was given guidance by military and civilian public-relations officers, so that the American public was immediately informed that the Japanese, because they posed a threat to national security, were going to be removed from California and put somewhere else under guard. A few, including the President himself, publicly used the words "concentration camp" to describe the places where the Japanese were sent. Later, after the discovery of the Nazi death camps, many shied away from using the term "concentration camp" to describe the sites where the American government confined 120,000 persons who were guilty of nothing other than being ethnically Japanese. The American camps were not death camps, but they were surrounded by barbed wire and by troops whose guns were pointed at the inmates. Almost all the 1,862 Japanese Americans who died in them died of natural causes, and they were outnumbered by the 5,918 American citizens who were born in the concentration camps. But the few Japanese Americans who were killed "accidentally" by their American guards were just as dead as the millions of Jews and others who were killed deliberately by their German, Soviet, or Japanese guards.

The reasons for the establishment of these concentration camps are clear. A deteriorating military situation created the opportunity for American racists to get their views accepted by the national leadership. The Constitution was treated as a scrap of paper not only by McCloy, Stimson, and Roosevelt but also by the entire Congress, which approved and implemented everything done to the Japanese Americans, and by the Supreme Court of the United States, which in December 1944, nearly three years after the fact, in effect sanctioned the incarceration of the Japanese Americans.

The Court has always held that the "war power" and the right of national defense could stretch the limits of federal authority, and Roosevelt and the lawyers in the War Department who drafted Executive Order 9066 appealed to that power. But was there a "military necessity" for EO 9066? As noted, the general staff officer charged with assessing the West Coast situation did not think so, and the army's G-2 (intelligence) reported to General Marshall, on the very day Roosevelt signed the order, that its analysts believed that "mass evacuation [was] unnecessary."

From Prisoners without Trial: Japanese American in World War II. New York: Hill and Wang, 1993. Copyright 1993 by Roger Daniels.


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All of that portion of the City of Los Angeles, State of California, within that boundary beginning at the point at which North Figuerosa Street meets a line following the middle of the Los Angeles River; thence southerly and following the said line to East First Street; thence westerly on East First Street to Alameda Street; thence southerly on Alameda Street to East Third Street; thence northwesterly East Third Street to Main Street; thence northerly on Main Street to First Street; thence northwesterly on First Street to Figuerosa Street; thence northeasterly on Figuerosa Street to the point of beginning.

Pursuant to the provisions of Civilian Exclusion Order No. 33, this Headquarters, dated May 3,1942, all persons of Japanese ancestry, both alien and non-alien, will be evacuated from the above area by 12 o clock noon, P.W.T., Saturday, May 9,1942.

No Japanese person living in the above area will be permitted to change residence after 12 o clock noon, P.W.T., Sunday, May 3, 1942, without obtaining special permission from the representative of the Commanding General, Southern California Sector, at the Civil Control Station located at:

Japanese Union Church
120 North San Pedro Street,
Los Angeles, California.

Such permits will only be granted for the purpose of uniting members of a family, or in cases of grave emergency.

The Civil Control Station is equipped to assist the Japanese population affected by this evacuation in the following ways:

1. Give advice and instructions on the evacuation.
2. Provide services with respect to the management, leaving, sale, storage or other disposition of most kinds of property, such as real estate, business and professional equipment, household goods, boats, automobiles and livestock.
3. Provide temporary residence elsewhere for all Japanese in family groups.
4. Transport persons and a limited amount of clothing and equipment to their new residence.

The Following Instructions Must Be Observed:

1. A responsible member of each family, preferably the head of the family, or the person in whose name most of the property is held, and each individual living alone, will report to the Civil Control Station to receive further instructions. This must be done at 8:00 A.M. and 5:00 P.M. on Monday, May 4, 1942, or between 8:00 A.M. and 5:00 P.M. on Tuesday, May 5,1942.
2. Evacuees must carry with them on departure for the Assembly Center, the following property:

(a) Bedding and linens (no mattress) for each member of the family;
(b) Toilet articles for each member of the family;
(c) Extra clothing for each member of the family;
(d) Sufficient knives, forks, spoons, plates, bowls and cups for each member of the   family;
(e) Essential personal effects for each member of the family.

All items carried will be securely packaged, tied and plainly marked with the name of the owner and numbered in accordance with instructions obtained at the Civil Control Station. The size and number of packages is limited to that which can be carried by the individual or family group.

3. No pets of any kind will be permitted.
4. No personal items and no household goods will be shipped to the Assembly Center.
5. The United States Government through its agencies will provide for the storage, at the sole risk of the owner, of the more substantial household items, such as iceboxes, washing machines, pianos and other heavy furniture. Cooking utensils and other small items will be accepted for storage if crated, packed and plainly marked with the name and address of the owner. Only one name and address will be used by a given family.
6. Each family, and individual living alone, will be furnished transportation to the Assembly Center or will be authorized to travel by private automobile in a supervised group. All instructions pertaining to the movement will be obtained at the Civil Control Station.

Go to the Civil Control Station between the hours of 8:00 A.M. and 5:00 P.M., Monday, May 4, 1942, or between the hours of 8:00 A.M. and 5:00 P.M., Tuesday, May 5,1942, to receive further instructions.

J.L. DeWITT
Lieutenant General, U.S. Army
Commanding

SEE CIVILIAN EXCLUSION ORDER NO. 33.


PROCLAMATION 4417
AN AMERICAN PROMISE
By the President of the United States of America

A PROCLAMATION

In this Bicentennial Year, we are commemorating the anniversary dates of many of the great events in American history. An honest reckoning, however, must include a recognition of our national mistakes as well as our national achievements. Learning from our mistakes is not pleasant, but as a great philosopher once admonished, we must do so if we want to avoid repeating them.

February 19th is the anniversary of a sad day in American history. It was on that date in 1942, in the midst of the response to the hostilities that began on December 7, 1941, that Executive Order No. 9066 was issued, subsequently enforced by the criminal penalties of a statute enacted March 21, 1942, resulting in the uprooting of loyal Americans. Over one hundred thousand persons of Japanese ancestry were removed from their homes, detained in special camps, and eventually relocated.

The tremendous effort by the War Relocation Authority and concerned Americans for the welfare of these Japanese-Americans may add perspective to that story, but it does not erase the setback to fundamental American principles. Fortunately, the Japanese-American community in Hawaii was spared the indignities suffered by those on our mainland.

We now know what we should have known then--not only was that evacuation wrong, but Japanese-Americans were and are loyal Americans. On the battlefield and at home, Japanese-Americans--names like Hamada, Mitsumori, Marimoto, Noguchi, Yamasaki, Kido, Munemori and Miyamura--have been and continue to be written in our history for the sacrifices and the contributions they have made to the well-being and security of this, our common Nation.

The Executive order that was issued on February 19, 1942, was for the sole purpose of prosecuting the war with the Axis Powers, and ceased to be effective with the end of those hostilities. Because there was no formal statement of its termination, however, there is concern among many Japanese-Americans that there may yet be some life in that obsolete document. I think it appropriate, in this our Bicentennial Year, to remove all doubt on that matter, and to make clear our commitment in the future.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim that all the authority conferred by Executive Order No. 9066 terminated upon the issuance of Proclamation No. 2714, which formally proclaimed the cessation of the hostilities of World War II on December 31, 1946.

I call upon the American people to affirm with me this American Promise--that we have learned from the tragedy of that long-ago experience forever to treasure liberty and justice for each individual American, and resolve that this kind of action shall never again be repeated.

IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of February in the year of our Lord nineteen hundred seventy-six, and of the Independence of the United States of America the two hundredth.

Gerald R. Ford

Federal Register, Vol. 41, No. 35 (Feb. 20, 1976)


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