77th CONGRESS SENATE DOCUMENT
1st Session No. 148
DECLARATIONS OF A STATE OF WAR
WITH JAPAN, GERMANY, AND ITALY
ADDRESS
OF THE
PRESIDENT OF THE UNITED STATES
DELIVERED BEFORE A JOINT SESSION OF THE TWO
HOUSES OF THE CONGRESS ON DECEMBER 8, 1941
REQUESTING THAT
THE CONGRESS DECLARE THAT A STATE OF WAR HAS
EXISTED SINCE DECEMBER 7, 1941, BETWEEN THE
UNITED STATES AND THE JAPANESE EMPIRE
ALSO
MESSAGES FROM THE PRESIDENT OF THE UNITED STATES
DATED DECEMBER 11, 1941, REQUESTING THE CONGRESS
TO RECOGNIZE A STATE OF WAR BETWEEN THE
UNITED STATES AND GERMANY, AND BETWEEN
THE UNITED STATES AND ITALY
TOGETHER WITH
THE PROCLAMATIONS OF THE PRESIDENT AND EXTRACTS
FROM THE CONGRESSIONAL RECORD SHOWING ONLY
THE OFFICIAL ACTION OF THE SENATE AND
HOUSE OF REPRESENTATIVES IN CON-
NECTION THEREWITH
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1941
Index (intercalary-LWJ)
Proceedings in the House of Representatives
[Joint Session of Congress, Dec. 8, 1941] .................... 3
Proceedings in the Senate
[Message from the House, Joint meeting of the Two Houses] .... 5
Joint Session of Congress
[ Joint Meeting of the House and Senate]
[Address by the President of the United States] .............. 7
Proceedings in the Senate
[Declaration of State of War with Japan, Dec. 8, 1941] ....... 11
[Message from the President, Dec. 11, 1941] .................. 12
[Declaration of State of War with Germany, Dec. 11, 1941] .... 12
[Declaration of State of War with Italy, Dec. 11, 1941] ...... 14
[Resolution of the Republican Conference] .................... 15
Proceedings in the House of Representatives
[The President's Message] .................................... 17
[War Resolution] ............................................. 17
[General Extension of Remarks] ............................... 18
[Declaration of War] ......................................... 19
[Declaration of War by Germany and Italy Against the United
States] ..................................................... 20
[Declaration of War Against Germany] ......................... 20
[Message from the Senate] .................................... 21
[Declaration of War Against Germany] ......................... 21
[Declaration of War Against Italy] ........................... 22
Radio Address President of the United States Broadcast from the
White House On Tuesday, December 9, 1941 .................... 23
War with Japan [Alien Enemies-Japanese] ......................... 31
War with Japan [Alien Enemies-German] ........................... 37
War with Japan [Alien Enemies-Italian] .......................... 41
Public Law No. 338 [Remove territorial restrictions on use of
units and members of the Army... etc.] ....................... 45
Page 2
[SUBMITTED BY MR. BARKLEY]
IN THE SENATE OF THE UNITED STATES.
December 15, 1941.
Ordered, That there be printed as a Senate document the messages to
Congress, the radio address, and the proclamations issued by the
President of the United States, all relating to the declarations of a
state of war with Japan, Germany, and Italy, together with certain
proceedings in the Senate and House of Representatives in connection
therewith.
Attest:
Edwin A. Halsey
Secretary
Page 3
DECLARATIONS OF A STATE OF WAR WITH
JAPAN, GERMANY, AND ITALY
PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES
MONDAY, DECEMBER 8, 1941
The House met at 12 o'clock noon.
JOINT SESSION OF THE TWO HOUSES
Mr. MCCORMACK. Mr. Speaker, I offer a resolution (H. Con. Res. 1), and
ask for its immediate consideration.
The Clerk read as follows:
"Resolved by the House of Representatives (the Senate concurring), That
the two Houses of Congress assemble in the Hall of the House of
Representatives on Monday, the 8th day of December 1941, at 12:30
o'clock p. m., for the purpose of receiving such communications as the
President of the United States shall be pleased to make to them."
The concurrent resolution was agreed to.
RECESS
The SPEAKER. The House will stand in recess, subject to the call of the
Chair.
Accordingly (at 12 o'clock and 3 minutes p. m.) the House stood in
recess, subject to the call of the Speaker.
AFTER THE RECESS
The recess having expired, the House was called to order at 12 o'clock
and 15 minutes p. m. by the Speaker.
MESSAGE FROM THE SENATE
A message from the Senate, by Mr. Frazier, its legislative clerk,
announced that the Senate had agreed, without amendment, to a concurrent
resolution of the House of the following title:
"H. Con. Res. 61. Concurrent resolution providing for a joint session on
Monday, December 8, 1941, for the purpose of receiving such
communications as the President of the United States shall be pleased to
make."
Page 4
(blank)
Page 5
PROCEEDINGS IN THE SENATE
MONDAY, DECEMBER 8, 1941
The Senate met at 12 o'clock noon.
MESSAGE FROM THE HOUSE
A message from the House of Representatives, by Mr. Swanson, one of its
clerks, announced that the House had agreed to House Concurrent
Resolution 61, providing for a joint session of the two Houses
of Congress on Monday, December 8, 1941, for the purpose of receiving
such communications as the President of the United States shall be
pleased to make, in which it requested the concurrence of the
Senate, as follows:
"Resolved by the House of Representatives (the Senate concurring), that
the two Houses of Congress assemble in the Hall of the House of
Representatives on Monday, the 8th day of December 1941, at 12:30
o'clock in the afternoon, for the purpose of receiving such
communications as the President of the United States shall be pleased to
make to them."
CALL OF THE ROLL
Mr. HILL. I suggest the absence of a quorum.
The VICE PRESIDENT. The clerk will call the roll.
The Chief Clerk called the roll.
The VICE PRESIDENT. Eighty-two Senators have answered to their names. A
quorum is present.
JOINT MEETING OF THE TWO HOUSES
Mr. BARKLEY. Mr. President, I ask that the concurrent resolution just
received from the House of Representatives be laid before the Senate.
The VICE PRESIDENT laid before the Senate the concurrent resolution (H.
Con. Res. 61), providing for a joint session of the two Houses of
Congress on Monday, December 8,1941, for the purpose of receiving such
communications as the President of the United States shall be pleased to
make, which was read as follows:
"Resolved by the House of Representatives (the Senate concurring), that
the two Houses of Congress assemble in the Hall of the House of
Representatives on Monday, the 8th day of December 1941, at 12:30
o'clock in the afternoon,
Page 6
for the purpose of receiving such communications as the President of the
United States shall be pleased to make to them."
Mr. BARKLEY. I move that the Senate concur in the resolution.
The VICE PRESIDENT. Without objection, the resolution is concurred in
unanimously.
Mr. BARKLEY. I now move that the Senate proceed to the Hall of the House
of Representatives, in compliance with the concurrent resolution just
adopted.
The motion was agreed to; and (at 12 o'clock and 10 minutes p. m.)
the Senate, escorted by the Secretary, Edwin A. Halsey, and Sergeant
at Arms, Chesley W. Jurney, and preceded by the Vice President and
the President pro tempore, proceeded to the Hall of the House of
Representatives.
Page 7
JOINT SESSION OF THE CONGRESS
MONDAY, DECEMBER 8, 1941
JOINT MEETING OF THE HOUSE AND SENATE
The Doorkeeper, Mr. Joseph J. Sinnott, announced the Vice President of
the United States and the Members of the United States Senate.
The Senate, escorted by the Secretary, Edwin A. Halsey, and the Sergeant
at Arms, Chesley W. Jurney, and preceded by the Vice President and the
President pro tempore, entered the Chamber.
The Vice President took the chair at the right of the Speaker, and the
Members of the Senate took the seats reserved for them.
The Doorkeeper also announced the Chief Justice of the United States and
the Associate Justices of the Supreme Court.
The SPEAKER. On behalf of the House the Chair appoints the following
committee to conduct the President into the Chamber: Messrs. McCormack,
Doughton, and Martin of Massachusetts.
The VICE PRESIDENT. The Chair appoints as members on the part of the
Senate to conduct the President into the Chamber, the following members
of the Senate: The Senator from Virginia [Mr. Glass], the Senator from
Kentucky [Mr. Barkley], and the Senator from Oregon [Mr. McNary].
The Doorkeeper announced the members of the Cabinet of the United
States.
At 12 o'clock and 29 minutes p. m., the President of the United States,
escorted by the committee of Senators and Representatives, entered the
Hall of the House and stood at the Clerk's desk.
The SPEAKER. Senators and Representatives of the Seventy-seventh
Congress, I have the distinguished honor of presenting the President
of the United States.
ADDRESS BY THE PRESIDENT OF THE UNITED STATES
The address delivered by the President of the United States to the joint
meeting of the two Houses of Congress held this day is as follows:
To the Congress of the United States:
Yesterday, December 7, 1941 a date which will live in infamy the United
States of America was suddenly and deliberately attacked by naval and
air forces of the Empire of Japan.
Page 8
The United States was at peace with that nation and, at the solicitation
of Japan, was still in conversation with its Government and its Emperor
looking toward the maintenance of peace in the Pacific. Indeed, 1 hour
after Japanese air squadrons had commenced bombing in Oahu, the Japanese
Ambassador to tie United States and his colleague delivered to the
Secretary of State a formal reply to a recent American message. While
this reply stated that it seemed useless to continue the existing
diplomatic negotiations, it contained no threat or hint of war or armed
attack.
It will be recorded that the distance of Hawaii from Japan makes it
obvious that the attack was deliberately planned many days or even weeks
ago. During the intervening time the Japanese Government has
deliberately sought to deceive the United States by false statements and
expressions of hope for continued peace.
The attack yesterday on the Hawaiian Islands has caused severe damage to
American naval and military forces. Very many American lives have been
lost. In addition American ships have been reported torpedoed on the
high seas between San Francisco and Honolulu.
Yesterday the Japanese Government also launched an attack against
Malaya.
Last night Japanese forces attacked Hong Kong.
Last night Japanese forces attacked Guam.
Last night Japanese forces attacked the Philippine Islands.
Last night the Japanese attacked Wake Island.
This morning the Japanese attacked Midway Island.
Japan has, therefore, undertaken a surprise offensive extending
throughout the Pacific area. The facts of yesterday speak for
themselves. The people of the United States have already formed their
opinions and well understand the implications to the very life and
safety of our Nation.
As Commander in Chief of the Army and Navy I have directed that all
measures be taken for our defense.
Always will we remember the character of the onslaught against us.
No matter how long it may take us to overcome this premeditated
invasion, the American people, in their righteous might, will win
through to absolute victory.
I believe I interpret the will of the Congress and of the people when I
assert that we will not only defend ourselves to the uttermost but will
make very certain that this form of treachery shall never endanger us
again.
Hostilities exist. There is no blinking at the fact that our people, our
territory, and our interests are in grave danger.
Page 9
With confidence in our armed forces with the unbounded determination of
our people we will gain the inevitable triumph so help us God.
I ask that the Congress declare that since the unprovoked and dastardly
attack by Japan on Sunday, December 7, a state of war has existed
between the United States and the Japanese Empire.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE, December 8, 1941.
Thereupon (at 12 o'clock and 39 minutes p. m.) the President of the
United States retired from the Hall of the House.
The Speaker announced that the joint session was dissolved.
Thereupon the Vice President and the Members of the Senate, the members
of the Cabinet, and the Chief Justice and the Associate Justices of the
Supreme Court retired from the Chamber.
Page 10
(blank)
Page 11
PROCEEDINGS IN THE SENATE
MONDAY, DECEMBER 8, 1941
DECLARATION OF STATE OF WAR WITH JAPAN
The Senate having returned to its chamber (at 12 o'clock and 47 minutes
p. m.), it reassembled and the Vice President resumed the chair.
Mr. BARKLEY. I suggest the absence of a quorum.
The VICE PRESIDENT. The clerk will call the roll. The legislative clerk
called the roll.
* * * * * *
The VICE PRESIDENT. Eighty-two Senators have answered to their
names. A quorum is present.
Mr. CONNALLY. Mr. President, I introduce a joint resolution, and ask for
its immediate consideration without reference to a committee.
The VICE PRESIDENT. The joint resolution will be read.
The joint resolution (S. J. Res. 116) declaring that a state of war
exists between the Imperial Government of Japan and the Government and
the people of the United States, and making provision to prosecute the
same, was read the first time by its title, and the second time at
length, as follows:
"Whereas the Imperial Government of Japan has committed unprovoked acts
of war against the Government and the people of the United states of
America:
"Therefore be it
"Resolved, etc., That the state of war between the United states and the
Imperial Government of Japan which has thus been thrust upon the United
States is hereby formally declared; and the President is hereby
authorized and directed to employ the entire naval and military forces
of the United States and the resources of the Government to carry on war
against the Imperial Government of Japan; and to bring the conflict to a
successful termination, all of the resources of the country are hereby
pledged by the Congress of the United states."
* * * * * *
After debate.
The VICE PRESIDENT. The joint resolution having been read three times
the question is, Shall it pass?
On that question the yeas and nays have been demanded and ordered. The
clerk will call the roll.
The Chief Clerk proceeded to call the roll.
* * * * * *
The result was announced: Yeas 82, nays, 0.
So the joint resolution was passed.
Page 12
THURSDAY, DECEMBER 11, 1941
The Senate met at 12 o'clock noon.
* * * * * *
MESSAGE FROM THE PRESIDENT
The VICE PRESIDENT. The Chair lays before the Senate a message from the
President of the United States, which the clerk will read.
The Chief Clerk read as follows:
"To the Congress of the United States:
"On the morning of December 11 the Government of Germany, pursuing its
course of world conquest, declared war against the United States.
"The long known and the long expected has thus taken place. The forces
endeavoring to enslave the entire world now are moving toward this
hemisphere.
"Never before has there been a greater challenge to life, liberty, and
civilization.
"Delay invites greater danger. Rapid and united effort by all the
peoples of the world who are determined to remain free will insure a
world victory of the forces of justice and of righteousness over the
forces of savagery and of barbarism.
"Italy also has declared war against the United States.
"I therefore request the Congress to recognize a state of war between
the United States and Germany and between the United States and Italy.
"FRANKLIN D. ROOSEVELT.
"THE WHITE HOUSE,
"December 11, 1941."
The VICE PRESIDENT. The message will be printed and referred to the
Committee on Foreign Relations.
DECLARATION OF STATE OF WAR WITH GERMANY
Mr. Connally, from the Committee on Foreign Relations, reported an
original joint resolution (S. J. Res. 119) declaring that a state of war
exists between the Government of Germany and the Government and the
people of the United States, and making provision to prosecute the same,
which was read the first time by its title, and the second time at
length, as follows:
"Whereas the Government of Germany has formally declared war against the
Government and the people of the United States of America: Therefore be
it
"Resolved, etc., That the state of war between the United States and the
Government of Germany, which has thus been thrust upon the United
states, is hereby formally declared; and the President is hereby
authorized and directed
Page 13
to employ the entire naval and military forces of the United States and
the resources of the Government to carry on war against the Government
of Germany; and, to bring the conflict to a successful termination, all
of the resources of the country are hereby pledged by the Congress of
the United States."
Mr. CONNALLY. Mr. President, I shall presently ask unanimous consent for
the immediate consideration of the joint resolution just read to the
Senate. Before the request is submitted, however, I desire to say that,
being advised of the declaration of war upon the United States by the
Governments of Germany and Italy, and anticipating a message by the
President of the United States in relation thereto, and after a
conference with the Secretary of State, as chairman of the Committee on
Foreign Relations, I called a meeting of the committee this morning and
submitted to the committee the course I expected to pursue as chairman
and the request which I expected to make.
I am authorized by the Committee on Foreign Relations to say to the
Senate that after consideration of the text of the joint resolution
which I have reported and after mature consideration of all aspects of
this matter, the membership of the Committee on Foreign Relations
unanimously approve and agree to the course suggested. One member of the
committee was absent, but I have authority to express his views.
Mr. President, I ask unanimous consent for the present consideration of
the joint resolution.
The VICE PRESIDENT. Is there objection?
There being no objection, the Senate proceeded to consider the joint
resolution (S. J. Res. 119) declaring that a state of war exists between
the Government of Germany and the Government and the people of the
United States, and making provision to prosecute the same.
The VICE PRESIDENT. The question is on the engrossment and third reading
of the joint resolution.
The joint resolution was ordered to be engrossed for a third reading,
and was read the third time.
The VICE PRESIDENT. The joint resolution having been read the third
time, the question is, Shall it pass?
Mr. CONNALLY. On that question I ask for the yeas and nays.
The yeas and nays were ordered, and the Chief Clerk proceeded to call
the roll.
The result was announced yeas 88, nays 0.
* * * * * *
So the joint resolution (S. J. Res. 119) was passed.
The preamble was agreed to.
Page 14
DECLARATION OF STATE OF WAR WITH ITALY
Mr. Connally, from the Committee on Foreign Relations, reported an
original joint resolution (S. J. Res. 120) declaring; that a state of
war exists between the Government of Italy and the Government and the
people of the United States and making provision to prosecute the same,
which was read the first time by its title and the second time at
length, as follows:
"Whereas the Government of Italy has formally declared war against the
Government and the people of the United States of America: Therefore be
it
"Resolved, etc., That the state of war between the United States and the
Government of Italy which has thus been thrust upon the United States is
hereby formally declared; and the President is hereby authorized and
directed to employ the entire naval and military forces of the United
States and the resources of the Government to carry on war against the
Government of Italy; and, to bring the conflict to a successful
termination, all of the resources of the country are hereby pledged by
the Congress of the United States."
Mr. CONNALLY. Mr. President, with the same statement which I made
earlier with regard to the Senate Joint Resolution 119 which has just
been passed, I ask unanimous consent for the present consideration of
Senate Joint Resolution 120.
The VICE PRESIDENT. Is there objection to the present consideration of
the joint resolution?
There being no objection, the Senate proceeded to consider the joint
resolution (S. J. Res. 120) declaring that a state of war exists between
the Government of Italy and the Government and the people of the United
States and making provision to prosecute the same.
The VICE PRESIDENT. The question is on the engrossment and third reading
of the joint resolution.
The joint resolution was ordered to be engrossed for a third reading,
and was read the third time.
The VICE PRESIDENT. The joint resolution having been read the third
time, the question is, Shall it pass?
Mr. CONNALLY. Mr. President, on the passage of the joint resolution, I
ask for the yeas and nays.
The yeas and nays were ordered.
The legislative clerk proceeded to call the roll.
* * * * * *
The result was announced yeas 90, nays 0.
* * * * * *
So the joint resolution (S. J. Res. 120) was passed.
Page 15
RESOLUTION OF THE REPUBLICAN CONFERENCE
Mr. MCNARY. Mr. President, yesterday I issued a call for a Republican
conference. The conference was had this morning and a resolution was
unanimously adopted, which I ask unanimous consent that the clerk may
read.
The VICE PRESIDENT. Without objection, the resolution will be read.
The Chief Clerk read as follows:
"Resolved, That the Republican conference pledge to the President of the
United States its unanimous support in the vigorous and efficient
prosecution of the war."
Mr. BARKLEY. Mr. President, on my own behalf and on behalf of the
majority, and I am sure on behalf of the country, I wish to assure the
Senator from Oregon, as minority leader, of our deep appreciation, not
only of their resolution just presented by him but of his cooperation
and that of his Republican colleagues in the prosecution of this war
which has been thrust upon the United States.
Page 16
(blank)
Page 17
PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES
MONDAY, DECEMBER 8, 1941
The joint Session of the Senate and the House having been dissolved, the
House was called to order by the Speaker at 12 o'clock and 46 minutes p.
m.
THE PRESIDENT'S MESSAGE
Mr. MCCORMACK. Mr. Speaker, I ask unanimous consent that the message of
the President of the United states be referred to the committee on
Foreign Affairs and ordered to be printed.
The SPEAKER. Without objection it is so ordered.
There was no objection.
* * * * * *
WAR RESOLUTION
Mr. MCCORMACK. Mr. Speaker, I move to suspend the rules and pass House
Joint Resolution 254, which I send to the desk.
The SPEAKER. The Clerk will read the joint resolution.
The Clerk read as follows:
"Declaring that a state of war exists between the Imperial Government of
Japan and the Government and the people of the United States and making
provisions to prosecute the same.
"Whereas the Imperial Government of Japan has committed repeated acts of
war against the Government and the people of the United States of
America:
"Therefore be it
"Resolved, etc., That the state of war between the United States and the
Imperial Government of Japan which has thus been thrust upon the United
States is hereby formally declared; and that the President be, and he is
hereby, authorized and directed to employ the entire naval and military
forces of the United States and the resources of the Government to carry
on war against the Imperial Government of Japan; and to bring the
conflict to a successful termination all of the resources of the country
are hereby pledged by the Congress of the United States."
The SPEAKER. Is a second demanded?
Mr. MARTIN of Massachusetts. Mr. Speaker, I demand a second.
The SPEAKER. Without objection, a second is considered as ordered.
There was no objection.
Page 18
The SPEAKER. The Chair recognizes the gentleman from Massachusetts [Mr.
McCormack].
Mr. MCCORMACK. Mr. Speaker, I yield myself 20 seconds.
Mr. Speaker and my fellow Americans, the President of the United States
has just spoken to the Congress and to the American people. A dastardly
attack has been made upon us. This is the time for action.
After debate.
* * * * * *
Mr. MCCORMACK. Mr. Speaker, I ask for a vote, and on that I demand the
yeas and nays.
The SPEAKER. The gentleman from Massachusetts demands the yeas and nays.
Those who favor taking this vote by the yeas and nays will rise and
remain standing until counted.
The SPEAKER. The yeas and nays were ordered. The question is, Will the
House suspend the rules and pass the resolution?
The question was taken; and there were yeas 388, nays 1.
* * * * * *
So (two-thirds having voted in favor thereof) the rules were suspended,
and the joint resolution was passed.
The SPEAKER. The Chair desires to announce that he has held in the past
and will hold henceforth that it is contrary to the rules of the House
for any Member to announce how an absent Member would vote if present.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
* * * * * *
GENERAL EXTENSION OF REMARKS
Mr. MCCORMACK. Mr. Speaker, I ask unanimous consent that all Members may
be permitted to extend their own remarks on the resolution just acted
upon immediately prior to the roll call.
The SPEAKER. Is there objection to the request of the gentleman from
Massachusetts [Mr. McCormack]?
Mr. TERRY. Mr. Speaker, reserving the right to object, will that permit
one to include in his remarks a telegram from a colleague showing how he
would have voted ?
The SPEAKER. His own remarks only. Is there objection to the request of
the gentleman from Massachusetts [Mr. McCormack]?
There was no objection.
Mr. MCCORMACK. Mr. Speaker, a number of Members are unavoidably absent
and on their way here. I ask unanimous consent that all
Page 19
Members may have 5 legislative days in which to extend their own remarks
on the resolution just adopted.
The SPEAKER. Is there objection to the request of the gentleman from
Massachusetts [Mr. McCormack]?
There was no objection.
DECLARATION OF WAR
Mr. MCCORMACK. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate joint resolution (S. J. Res. 116) declaring
that a state of war exists between the Imperial Government of Japan and
the Government and the people of the United States, and making provision
to prosecute the same, and agree to the same.
The Clerk read the Senate joint resolution, as follows:
"Whereas the Imperial Government of Japan has committed repeated acts of
war against the Government and the people of the United States of
America:
"Therefore be it
"Resolved, etc., That the state of war between the United States and the
Imperial Government of Japan which has thus been thrust upon the United
States is hereby formally declared; and that the President be, and he is
hereby, authorized and directed to employ the entire naval and military
forces of the United States and the resources of the Government to carry
on war against the Imperial Government of Japan; and, to bring the
conflict to a successful termination, all of the resources of the
country are hereby pledged by the Congress of the United States."
The SPEAKER. Is there objection to the request of the gentleman from
Massachusetts [Mr. McCormack]?
Mr. MARTIN of Massachusetts. Mr. Speaker, reserving the right to object
and, of course, I am not going to object this is the same declaration
that we just passed?
The SPEAKER. The same.
Mr. MCCORMACK. Yes.
The SPEAKER. Is there objection to the request of the gentleman from
Massachusetts [Mr. McCormack]?
There was no objection.
The Senate joint resolution was ordered to be read a third time, was
read the third time, and passed, and a motion to reconsider was laid on
the table.
Mr. MCCORMACK. Mr. Speaker, I ask unanimous consent that the proceedings
by which the House passed House Joint Resolution 254 be vacated and that
the resolution be laid on the table.
The SPEAKER. Is there objection to the request of the gentleman from
Massachusetts [Mr. McCormack]?
There was no objection.
Page 20
THURSDAY, DECEMBER 11, 1941
DECLARATION OF WAR BY GERMANY AND ITALY AGAINST THE UNITED STATES
The Speaker laid before the House the following message from the
President of the United States, which was read:
"To the Congress of the United States:
"On the morning of December 11, the Government of Germany, pursuing its
course of world conquest, declared war against the United States.
"The long known and the long expected has thus taken place. The forces
endeavoring to enslave the entire world now are moving toward this
hemisphere.
"Never before has there been a greater challenge to life, liberty, and
civilization.
"Delay invites greater danger. Rapid and united effort by all of the
peoples of the world who are determined to remain free will insure a
world victory of the forces of justice and of righteousness over the
forces of savagery and of barbarism.
"Italy also has declared war against the United States.
"I, therefore, request the Congress to recognize a state of war between
the United States and Germany, and between the United States and Italy.
"FRANKLIN D. ROOSEVELT.
"THE WHITE HOUSE,
"December 11, 1941."
Mr. MCCORMACK. Mr. Speaker, I move that the message of the President be
referred to the Committee on Foreign Affairs, and ordered printed.
The motion was agreed to.
DECLARATION OF WAR AGAINST GERMANY
Mr. MCCORMACK. Mr. Speaker, I move to suspend the rules and pass House
Joint Resolution 256, which I send to the desk and ask to have read.
The Clerk read as follows.
"Whereas the Government of Germany has formally declared war against the
Government and the people of the United States of America: Therefore be
it
"Resolved, etc., That the state of war between the United States and the
Government of Germany which has thus been thrust upon the United States
is hereby formally declared; and the President is hereby authorized and
directed to employ the entire naval and military forces of the United
States and the resources of the Government to carry on war against the
Government
Page 21
of Germany; and, to bring the conflict to a successful termination, all
of the resources of the country are hereby pledged by the Congress of
the United States."
The SPEAKER. The question is, Will the House suspend the rules and pass
the joint resolution?
Mr. MCCORMACK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
* * * * * *
The question was taken; and there were yeas 393, answered "present" 1,
not voting 36.
So (two-thirds having voted in favor thereof) the rules were suspended,
and the resolution was agreed to.
A motion to reconsider was laid on the table.
MESSAGE FROM THE SENATE
A message from the Senate, by Mr. Frazier, its legislative clerk,
announced that the Senate had passed joint resolutions of the following
titles, in which the concurrence of the House is requested:
"S. J. Res. 119. Joint resolution declaring that a state of war exists
between the Government of Germany and the Government and the people of
the United States and making provision to prosecute the same; and
"S. J. Res. 120. Joint resolution declaring that a state of war exists
between the Government of Italy and the Government and the people of the
United States and making provision to prosecute the same."
DECLARATION OF WAR AGAINST GERMANY
Mr. MCCORMACK. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table Senate Joint Resolution 119, which is identical with the
resolution just adopted by the House, and pass the Senate resolution.
The Clerk read the title of the resolution.
The SPEAKER. Is there objection to the request of the gentleman from
Massachusetts?
There was no objection.
The Senate joint resolution was read a third time, and passed.
A motion to reconsider was laid on the table.
Mr. MCCORMACK. Mr. Speaker, I ask unanimous consent that the action just
taken by the House in the passage of House Joint Resolution 256 be
vacated and that the resolution be laid on the table.
The SPEAKER. Without objection, it is so ordered.
There was no objection.
Page 22
DECLARATION OF WAR AGAINST ITALY
Mr. MCCORMACK. Mr. Speaker, I move to suspend the rule and pass Senate
Joint Resolution 120, which I have sent to the Clerk's desk.
The Clerk read as follows:
"Whereas the Government of Italy has formally declared war against the
Government and the people of the United States of America: Therefore be
it
"Resolved, etc., That the state of war between the United States and the
Government of Italy, which has thus been thrust upon the United States,
is hereby formally declared; and the President is hereby authorized and
directed to employ the entire naval and military forces of the United
States and the resources of the Government to carry on war against the
Government of Italy; and, to bring the conflict to a successful
termination, all of the resources of the country are hereby pledged by
the Congress of the United States."
The SPEAKER. The question is, Will the House suspend the rules and pass
the resolution?
Mr. MCCORMACK. Mr. Speaker, on this vote I ask for the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were yeas 399, answered "present" 1,
not voting 30, as follows:
* * * * * *
So, two-thirds having voted in favor thereof, the rules were suspended
and the resolution was agreed to.
A motion to reconsider was laid on the table.
Page 23
RADIO ADDRESS BY THE PRESIDENT OF THE UNITED
STATES BROADCAST FROM THE WHITE HOUSE, ON
TUESDAY, DECEMBER 9, 1941
WEDNESDAY, DECEMBER 10, 1941
WAR WITH JAPAN
Mr. BARKLEY. Mr. President, I ask unanimous consent to have printed in
the Record the address delivered last evening by the President of the
United States over a Nation-wide radio hook-up.
There being no objection, the address was ordered to be printed in the
Record, as follows:
Fellow Citizens:
The sudden criminal attacks perpetrated by the Japanese in the Pacific
provide the climax of a decade of international immorality.
Powerful and resourceful gangsters have banded together to make war upon
the whole human race. Their challenge has now been flung at the United
States of America. The Japanese have treacherously violated the long-
standing peace between us. Many American soldiers and sailors have been
killed by enemy action. American ships have been sunk, American
airplanes have been destroyed.
The Congress and the people of the United States have accepted that
challenge.
Together with other free peoples, we are now fighting to maintain our
right to live among our world neighbors in freedom and in common
decency, without fear of assault.
I have prepared the full record of our past relations with Japan, and it
will be submitted to the Congress. It begins with the visit of Commodore
Perry to Japan 88 years ago. It ends with the visit of two Japanese
emissaries to the Secretary of State last Sunday, an hour after Japanese
forces had loosed their bombs and machine guns against our flag, our
forces, and our citizens.
I can say with utmost confidence that no Americans today or a thousand
years hence, need feel anything but pride in our patience and our
efforts through all the years toward achieving a peace in the Pacific
which would be fair and honorable to every nation, large or small. And
no honest person, today or a thousand years hence, will be able to
suppress a sense of indignation and horror at the treachery committed by
the military dictators of Japan under the very shadow of the flag of
peace borne by their special envoys in our midst.
Page 24
The course that Japan has followed for the past 10 years in Asia has
paralleled the course of Hitler and Mussolini in Europe and Africa.
Today, it has become far more than a parallel. It is collaboration so
well calculated that all the continents of the world, and all the
oceans, are now considered by the Axis strategists as one gigantic
battlefield.
In 1931, Japan invaded Manchukuo without warning.
In 1935, Italy invaded Ethiopia without warning.
In 1938, Hitler occupied Austria without warning.
In 1939, Hitler invaded Czechoslovakia without warning.
Later in 1939, Hitler invaded Poland without warning.
In 1940, Hitler invaded Norway, Denmark, Holland, Belgium, and
Luxembourg without warning.
In 1940, Italy attacked France and later Greece without warning.
In 1941, the Axis Powers attacked Jugoslavia and Greece and they
dominated the Balkans without warning.
In 1941, Hitler invaded Russia without warning.
And now Japan has attacked Malaya and Thailand and the United States
without warning.
It is all of one pattern.
We are now in this war. We are all in it all the way. Every single man,
woman, and child is a partner in the most tremendous undertaking of our
American history. We must share together the bad news and the good news,
the defeats and the victories the changing fortunes of war.
So far, the news has all been bad. We have suffered a serious set-back
in Hawaii. Our forces in the Philippines, which include the brave people
of that commonwealth, are taking punishment, but are defending
themselves vigorously. The reports from Guam and Wake and Midway Islands
are still confused, but we must be prepared for the announcement that
all these three outposts have been seized.
The casualty lists of these first few days will undoubtedly be large. I
deeply feel the anxiety of all families of the men in our armed forces
and the relatives of people in cities which have been bombed. I can only
give them my solemn promise that they will get news just as quickly as
possible.
This Government will put its trust in the stamina of the American
people, and will give the facts to the public as soon as two conditions
have been fulfilled: First, that the information has been definitely and
officially confirmed; and, second, that the release of the information
at the time it is received will not prove valuable to the enemy,
directly or indirectly.
Most earnestly I urge my countrymen to reject all rumors. These ugly
little hints of complete disaster fly thick and fast in wartime. They
have to be examined and appraised.
Page 25
As an example, I can tell you frankly that until further surveys are
made, I have not sufficient information to state the exact damage which
has been done to our naval vessels at Pearl Harbor. Admittedly the
damage is serious. But no one can say how serious, until we know how
much of this damage can be repaired and how quickly the necessary
repairs can be made.
I cite as another example a statement made on Sunday night that a
Japanese carrier had been located and sunk of the Canal Zone. And when
you hear statements that are attributed to what they call "an
authoritative source," you can be reasonably sure that under these war
circumstances the "authoritative source" was not any person in
authority.
Many rumors and reports which we now hear originate with enemy sources.
For instance, today the Japanese are claiming that as a result of their
one action against Hawaii they have gained naval supremacy in the
Pacific. This is an old trick of propaganda which has been used
innumerable times by the Nazis. The purposes of such fantastic claims
are, of course, to spread fear and confusion among us, and to goad us
into revealing military information which our enemies are desperately
anxious to obtain..
Our Government will not be caught in this obvious trap and neither will
our people.
It must be remembered by each and every one of us that our free and
rapid communication must be greatly restricted in wartime. It is not
possible to receive full, speedy, accurate reports from distant areas of
combat. This is particularly true where naval operations are concerned.
For in these days of the marvels of radio it is often impossible for the
commanders of various units to report their activities by radio, for the
very simple reason that this information would become available to the
enemy, and would disclose their position and their plan of defense or
attack.
Of necessity there will be delays in officially confirming or denying
reports of operations but we will not hide facts from the country if we
know the facts and if the enemy will not be aided by their disclosure.
To all newspapers and radio stations all those who reach the eyes and
ears of the American people I say this: You have a most grave
responsibility to the Nation now and for the duration of this war.
If you feel that your Government is not disclosing enough of the truth,
you have every right to say so. But in the absence of all the facts, as
revealed by official sources you have no right to deal out unconfirmed
reports in such a way as to make people believe they are gospel truth.
Every citizen, in every walk of life, shares this same responsibility.
Page 26
The lives of our soldiers and sailors-the whole future of this Nation-
depend upon the manner in which each and every one of us fulfills his
obligation to our country.
Now a word about the recent past and the future. A year and a half has
elapsed since the fall of France, when the whole world first realized
the mechanized might which the Axis nations had been building for so
many years. America has used that year and a half to great advantage.
Knowing that the attack might reach us in all too short a time, we
immediately began greatly to increase our industrial strength and our
capacity to meet the demands of modern warfare.
Precious months were gained by sending vast quantities of our war
materials to the nations of the world still able to resist Axis
aggression. Our policy rested on the fundamental truth that the defense
of any country resisting Hitler or Japan was in the long run the defense
of our own country. That policy has been justified. It has given us
time, invaluable time, to build our American assembly lines of
production.
Assembly lines are now in operation. Others are being rushed to
completion. A steady stream of tanks and planes, of guns and ships, of
shells and equipment that is what these 18 months have given us.
But it is all only a beginning of what has to be done. We must be set to
face a long war against crafty and powerful bandits. The attack at Pearl
Harbor can be repeated at any one of many points in both oceans and
along both our coast lines and against all the rest of the hemisphere.
It will not only be a long war, it will be a hard war. That is the basis
on which we now lay all our plans. That is the yardstick by which we
measure what we shall need and demand money, materials, doubled and
quadrupled production, ever increasing. The production must be not only
for our own Army and Navy and air forces. It must reinforce the other
armies and navies and air forces fighting the Nazis and the war lords of
Japan throughout the Americas and the world.
I have been working today on the subject of production. Your Government
has decided on two broad policies.
The first is to speed up all existing production by working on a 7-day-
week basis in every war industry, including the production of essential
raw materials.
The second policy, now being put into form, is to rush additions to the
capacity of production by building more new plants, by adding to old
plants, and by using the many smaller plants for war needs.
Over the hard road of the past months we have at times met obstacles and
difficulties, divisions and disputes, indifference and callousness. That
is now all past and, I am sure, forgotten.
The fact is that the country now has an organization in Washington built
around men and women who are recognized experts in their own
Page 27
fields. I think the country knows that the people who are actually
responsible in each and every one of these many fields are pulling
together with a teamwork that has never before been excelled.
On the road ahead there lies hard work grueling work day and night,
every hour and every minute.
I was about to add that ahead there lies sacrifice for all of us.
But it is not correct to use that word. The United States does not
consider it a sacrifice to do all one can, to give one's best to our
Nation when the Nation is fighting for its existence and its future
life.
It is not a sacrifice for any man, old or young, to be in the Army or
the Navy of the United States. Rather is it a privilege.
It is not a sacrifice for the industrialist or the wage earner, the
farmer or the shopkeeper, the trainman or the doctor, to pay more taxes,
to buy more bonds, to forego extra profits, to work longer or harder at
the task for which he is best fitted. Rather is it a privilege.
It is not a sacrifice to do without many things to which we are
accustomed if the national defense calls for doing without.
A review this morning leads me to the conclusion that at present we
shall not have to curtail the normal articles of food. There is enough
food for all of us and enough left over to send to those who are
fighting on the same side with us.
There will be a clear and definite shortage of metals of many kinds for
civilian use, for the very good reason that in our increased program we
shall need for war purposes more than half of that portion of the
principal metals which during the past year have gone into articles or
civilian use. We shall have to give up many things entirely.
I am sure that the people in every part of the Nation are prepared in
their individual living to win this war. I am sure they will cheerfully
help to pay a large part of its financial cost while it goes on. I am
sure they will cheerfully give up those material things they are asked
to give up.
I am sure that they will retain all those great spiritual things without
which we cannot win through.
I repeat that the United States can accept no result save victory, final
and complete. Not only must the shame of Japanese treachery be wiped
out, but the sources of international brutality, wherever they exist,
must be absolutely and finally broken.
In my message to the Congress yesterday I said that we "will make very
certain that this form of treachery shall never endanger us again."
In order to achieve that certainty, we must begin the great task that is
before us by abandoning once and for all the illusion that we can ever
again isolate ourselves from the rest of humanity.
In these past few years and, most violently. In the past few days we
have learned a terrible lesson.
Page 28
It is our obligation to our dead it is our sacred obligation to their
children and our children that we must never forget what we have
learned.
And what we all have learned is this:
There is no such thing as security for any nation or any individual in a
world ruled by the principles of gangsterism.
There is no such thing as impregnable defense against powerful
aggressors who sneak up in the dark and strike without warning.
We have learned that our ocean-girt hemisphere is not immune from severe
attack that we cannot measure our safety in terms of miles on any map.
We may acknowledge that our enemies have performed a brilliant feat of
deception, perfectly timed and executed with great skill. It was a
thoroughly dishonorable deed, but we must face the fact that modern
warfare as conducted in the Nazi manner is a dirty business. We don't
like it we didn't want to get in it but we are in it, and we're going to
fight it with everything we've got.
I do not think any American has any doubt of our ability to administer
proper punishment to the perpetrators of these crimes.
Your Government knows that for weeks Germany has been telling Japan that
if Japan did not attack the United States, Japan would not share in
dividing the spoils with Germany when peace came. She was promised by
Germany that if she came in she would receive the complete and perpetual
control of the whole of the Pacific area and that means not only the Far
East, not only all of the islands in the Pacific, but also a
stranglehold on the west coast of North, Central, and South America.
We also know that Germany and Japan are conducting their military and
naval operations in accordance with a joint plan. That plan considers
all peoples and nations which are not helping the Axis Powers as common
enemies of each and every one of the Axis Powers.
That is their simple and obvious grand strategy. That is why the
American people must realize that it can be matched only with similar
grand strategy. We must realize, for example, that Japanese successes
against the United States in the Pacific are helpful to German
operations in Libya; that any German success against the Caucasus is
inevitably an assistance to Japan in her operations against the Dutch
East Indies; that a German attack against Algiers or Morocco opens the
way to a German attack against South America.
On the other side of the picture we must learn to know that guerrilla
warfare against the Germans in Serbia helps us; that a successful
Russian offensive against the Germans helps us; and that British
successes on land or sea in any part of the world strengthen our hands.
Page 29
Remember always that Germany and Italy, regardless of any formal
declaration of war, consider themselves at war with the United States at
this moment just as much as they consider themselves at war with Britain
and Russia. And Germany puts all the other republics of the Americas
into the category of enemies. The people of the hemisphere can be
honored by that.
The true goal we seek is far above and beyond the ugly field of battle.
When we resort to force, as now we must, we are determined that this
force shall be directed toward ultimate good as well as against
immediate evil. We Americans are not destroyers; we are builders.
We are now in the midst of a war, not for conquest, not for vengeance,
but for a world in which this Nation, and all that this Nation
represents, will be safe for our children. We expect to eliminate the
danger from Japan, but it would serve us ill if we accomplished that and
found that the rest of the world was dominated by Hitler and Mussolini.
We are going to win the war, and we are going to win the peace that
follows.
And in the dark hours of this day and through dark days that may yet to
come we will know that the vast majority of the members the human race
are on our side. Many of them are fighting with us. All of them are
praying for us. For, in representing our cause, we represent theirs as
well our hope and their hope for liberty under God.
Page 30
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Page 31
WAR WITH JAPAN
[ALIEN ENEMIES-JAPANESE]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Authority
Whereas it is provided by Section 21 of Title 50 of the United States
Code as follows:
"Whenever there is a declared war between the United States and any
foreign nation or government, or any invasion or predatory incursion is
perpetrated, attempted, or threatened against the territory of the
United States by any foreign nation or government, and the President
makes public proclamation of the event, all natives, citizens, denizens,
or subjects of the hostile nation or government, being of the age of
fourteen years and upward, who shall be within the United States and not
actually naturalized, shall be liable to be apprehended, restrained,
secured, and removed as alien enemies. The President is authorized in
any such event, by his proclamation thereof, or other public act, to
direct the conduct to be observed, on the part of the United States,
toward the aliens who become so liable; the manner and degree of the
restraint to which they shall be subject and in what cases, and upon
what security their residence shall be permitted, and to provide for the
removal of those who, not being permitted to reside within the United
States, refuse or neglect to depart therefrom; and to establish any
other regulations which are found necessary in the premises and for the
public safety."
and
Whereas by Sections 2, 23 and 24 of Title 50 of the United States Code
further provision is made relative to alien enemies:
PROCLAMATION
Now, therefore, I, Franklin D. Roosevelt, as President of the United
States, and as Commander in Chief of the Army and Navy of the United
States, do hereby make public proclamation to all whom it may concern
that an invasion has been perpetrated upon the territory of the United
States by the Empire of Japan.
Conduct to be observed by alien enemies
And, acting under and by virtue of the authority vested in me by the
Constitution of the United States and the said sections of the United
States Code, I do hereby further proclaim and direct that
Page 32
the conduct to be observed on the part of the United States toward all
natives, citizens, denizens or subjects of the Empire of Japan being of
the age of fourteen years and upwards who shall be within the United
States or within any territories in any way subject to the jurisdiction
of the United States and not actually naturalized, who for the purpose
of this Proclamation and under such sections of the United States Code
are termed alien enemies, shall be as follows:
All alien enemies are enjoined to preserve the peace towards the United
States and to refrain from crime against the public safety, and from
violating the laws of the United States and of the States and
Territories thereof; and to refrain from actual hostility or giving
information, aid or comfort to the enemies of the United States or
interfering by word or deed with the defense of the United States or the
political processes and public opinions thereof; and to comply strictly
with the regulations which are hereby or which may be from time to time
promulgated by the President.
All alien enemies shall be liable to restraint, or to give security, or
to remove and depart from the United States in the manner prescribed by
Sections 23 and 24 of Title 50 of the United States Code, and as
prescribed in the regulations duly promulgated by the President.
Duties and authority of the Attorney General and the Secretary of War
And, pursuant to the authority vested in me, I hereby charge the
Attorney General with the duty of executing all the regulations
hereinafter contained regarding the conduct of alien enemies within
continental United States, Puerto Rico, the Virgin Islands and Alaska,
and the Secretary of War with the duty of executing the regulations
which are hereinafter set forth and which may be hereafter. Adopted
regarding the conduct of alien enemies in the Canal Zone, the Hawaiian
Islands and the Philippine Islands. Each of them is specifically
directed to cause the apprehension of such alien enemies as in the
judgment of each are subject to apprehension or deportation under such
regulations. In carrying out such regulations within the continental
United States, Puerto Rico, the Virgin Islands and Alaska, the Attorney
General is authorized to utilize such agents, agencies, officers and
Departments of the United States and of the several states, territories,
dependencies and municipalities thereof and of the District of Columbia
as he may select for the purpose. Similarly the Secretary of War in
carrying out such regulations in the Canal Zone, the Hawaiian Islands
and the Philippine Islands is authorized to use such agents, agencies,
officers and departments of the United States and of the
Page 33
territories, dependencies and municipalities thereof as he may select
for the purpose. All such agents, agencies, officers and departments are
hereby granted full authority for all acts done by them in the execution
of such regulations when acting by direction of the Attorney General or
the Secretary of War, as the case may be.
REGULATIONS
And, pursuant to the authority vested in me, I hereby declare and
establish the following regulations which I find necessary in the
premises and for the public safety:
(1) No alien enemy shall enter or be found within the Canal Zone and no
alien enemy shall enter or leave the Hawaiian Islands or the Philippine
Islands except under such regulations as the Secretary of War shall from
time to time prescribe. Any alien enemy found in the Canal Zone, the
Hawaiian Islands, or the Philippine Islands in violation of any such
regulations and any alien enemy who enters or is found within any
restricted area to be hereafter prescribed by the Military Commanders of
each such territory in the Canal Zone, the Hawaiian Islands, and the
Philippine Islands, may be immediately apprehended by authority of the
Military Governors in each such territory, or if there be no Military
Governor, then by authority of the Secretary of War, and detained until
it is determined, under the regulations to be prescribed by the
Secretary of War, whether any such alien enemy should be permanently
interned following which such alien enemy shall either be released,
released on bond, or permanently interned, as the case may be.
(2) The exercise of the power to prescribe restricted areas and the
power of arrest, detention and internment of alien enemies in the Canal
Zone, the Hawaiian Islands or the Philippine Islands shall be under the
jurisdiction of the Military Commanders of each such territory, each
acting under such regulations as the Secretary of War shall hereafter
prescribe.
(3) No alien enemy shall enter or leave Alaska, Puerto Rico or the
Virgin Islands except under such regulations as the Attorney General
shall from time to time prescribe. Any alien enemy found in Alaska,
Puerto Rico or the Virgin Islands in violation of any such regulations
and any alien enemy who enters or is found within any restricted area to
be hereafter prescribed by the Military Commanders of each such
territory in Alaska, Puerto Rico and by the Naval Commander in the
Virgin Islands, shall be immediately apprehended by the authority of the
Attorney General acting through the United States Attorney in each such
territory and detained until it is determined, under the regulations to
be prescribed by the Attorney General, whether any such
Page 34
alien enemy shall either be released, released on bond, or permanently
interned, as the case may be.
(4) The Military Commanders in Alaska and Puerto Rico and the Naval
Commander in the Virgin Islands shall have the power to prescribe
restricted areas.
(5) No alien enemy shall have in his possession, custody or control at
any time or place or use or operate any of the following enumerated
articles:
a. Firearms.
b. Weapons or implements of war or component parts thereof.
c. Ammunition.
d. Bombs.
e. Explosives or material used in the manufacture of explosives.
f. Short-wave radio receiving sets.
g. Transmitting sets.
h. Signal devices.
i. Codes or ciphers.
j. Cameras.
k. Papers, documents or books in which there may be invisible writing;
photograph, sketch, picture, drawing, map or graphical representation of
any military or naval installations or equipment or of any arms,
ammunition, implements of war, device or thing used or intended to be
used in the combat equipment of the land or naval forces of the United
States or of any military or naval post, camp or station.
All such property found in the possession of any alien enemy in
violation of the foregoing regulations shall be subject to seizure and
forfeiture.
(6) No alien enemy shall undertake any air flight or ascend into the air
in any airplane, aircraft or balloon of any sort whether owned
governmentally, commercially or privately, except that travel by an
alien enemy in an airplane or aircraft may be authorized by the Attorney
General, or his representative, or the Secretary of War, or his
representative, in their respective jurisdictions, under such
regulations as they shall prescribe.
(7) Alien enemies deemed dangerous to the public peace or safety of the
United States by the Attorney General or the Secretary of War, as the
case may be, are subject to summary apprehension. Such apprehension
shall be made in the continental United States, Alaska, Puerto Rico and
the Virgin Islands by such duly authorized officer of the Department of
Justice as the Attorney General may determine. In the Canal Zone, the
Hawaiian Islands and the Philippine Islands, such arrests shall be made
by the Military Commanders in each such territory by authority of the
respective Military Governors thereof, and
Page 35
if there be no Military Governor, then by authority of the Secretary of
War. Alien enemies arrested shall be subject to confinement in such
place of detention as may be directed by the officers responsible for
the execution of these regulations and for the arrest, detention and
internment of alien enemies in each ease, or in such other places of
detention as may be directed from time to time by the Attorney General,
with respect to continental United States, Alaska, Puerto Rico and the
Virgin Islands, and by the Secretary of War with respect to the Canal
Zone, the Hawaiian Islands and the Philippine Islands, and there
confined until he shall have received such permit as the Attorney
General or the Secretary of War with respect to the Canal Zone, the
Hawaiian Islands and the Philippine Islands shall prescribe.
(8) No alien enemy shall Sand in enter or leave or attempt to land in,
enter or leave the United States, except under the regulations
prescribed by the President in his Proclamation dated November 14,
1941 [1] and the regulations promulgated thereunder or any proclamation
or regulation promulgated hereafter.
(9) Whenever the Attorney General of the United States, with respect to
the continental United States, Alaska, Puerto Rico and the Virgin
Is]ands, or the Secretary of War with respect to the Canal Zone, the
Hawaiian Islands, and the Philippine Islands, deems it to be necessary,
for the public safety and protection, to exclude alien enemies from a
designated area, surrounding any fort, camp, arsenal, airport, landing
field. Aircraft station, electric or other power plant, hydroelectric
dam, government naval vessel, navy yard, pier, dock, dry dock, or any
factory, foundry, plant, workshop, storage yard, or warehouse for the
manufacture of munitions or implements of war or any thing of any kind,
nature or description for the use of the Army, the Navy or any country
allied or associated with the United States, or in any wise completed
with the national defense of the United States, or from any locality in
which residence by an alien enemy shall be found to constitute a danger
to the public peace and safety of the United States or from a designated
area surrounding any canal or any wharf, pier, dock or dry dock used by
ships or vessels of any designated tonnage engaged in foreign or
domestic trade, or of any warehouse, shed, elevator, railroad terminal,
depot or yard or other terminal, storage or transfer facility, then no
alien enemy shall be found within such area or the immediate vicinity
thereof. Any alien enemy found within any such area or the immediate
vicinity thereof prescribed by the Attorney General or the Secretary of
War, as the case may be, pursuant to these regulations, shall be subject
to summary apprehension and to be dealt with as hereinabove prescribed.
[1] 6 F. R. 5821.
Page 36
(10) With respect to the continental United States, Alaska, Puerto Rico,
and the Virgin Islands, an alien enemy shall not change his place of
abode or occupation or otherwise travel or move from place to place
without full compliance with any such regulations as the Attorney
General of the United States may, from time to time, make and declare;
and the Attorney General is hereby authorized to make and declare, from
time to time, such regulations concerning the movements of alien enemies
within the continental United States, Alaska, Puerto Rico and the Virgin
Islands, as he may deem necessary in the premises and for the public
safety.
(11) With respect to the Canal Zone, the Hawaiian Islands and the
Philippine Islands, an alien enemy shall not change his place of abode
or occupation or otherwise travel or move from place to place without
full compliance with any such regulations as the Secretary of War may,
from time to time, make and declare; and the Secretary of War is hereby
authorized to make and declare, from time to time, such regulations
concerning the movements of alien enemies within the Canal Zone, the
Hawaiian Islands, and the Philippine Islands as he may deem necessary in
the premises and for the public safety.
(12) No alien enemy shall enter or be found in or upon any highway,
waterway, airway, railway, railroad, subway, public utility, building,
place or thing not open and accessible to the public generally, and not
generally used by the public.
(13) No alien enemy shall be a member or an officer of, or affiliated
with, any organization, group or assembly hereafter designated by the
Attorney General, nor shall any alien enemy advocate, defend or
subscribe to the acts, principles or policies thereof, attend any
meetings, conventions or gatherings thereof or possess or distribute any
literature, propaganda or other writings or productions thereof.
This proclamation and the regulations herein contained shall extend and
apply to all land and water, continental or insular, in any way within
the jurisdiction of the United States.
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 7th day of December, in the
year of our Lord nineteen hundred and forty-one, and of the
[SEAL] Independence of the United States of America the one hundred and
sixty-sixth.
FRANKLIN D. ROOSEVELT
By the President:
CORDELL HULL,
Secretary of State.
[No. 2525]
[F. R. Doc. 41 9233; Filed, December 8,1941 : 3:59 p. m.]
Page 37
WAR WITH GERMANY
[ALIEN ENEMIES GERMAN]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Authority
Whereas it is provided by section 21 of title 50 of the United States
Code as follows:
"Whenever there is a declared war between the United States and any
foreign nation or government, or any invasion or predatory incursion is
perpetrated, attempted, or threatened against the territory of the
United States by any foreign nation or government, and the President
makes public proclamation of the event, all natives, citizens, denizens,
or subjects of the hostile nation or government, being of the age of
fourteen years and upward, who shall be within the United States and not
actually naturalized, shall be liable to be apprehended, restrained,
secured, and removed as alien enemies. The President is authorized in
any such event, by his proclamation thereof, or other public act, to
direct the conduct to be observed, on the part of the United States,
toward the aliens who become so liable; the manner and degree of the
restraint to which they shall be subject and in what cases, and upon
what security their residence shall be permitted, and to provide for the
removal of those who, not being permitted to reside within the United
States, refuse or neglect to depart therefrom; and to establish any
other regulations which are found necessary in the premises and for the
public safety."
And whereas by sections 22, 23 and 24 of title 50 of the United States
Code further provision is made relative to alien enemies:
PROCLAMATION
Now, therefore, I, Franklin D. Roosevelt, as President of the United
States and as Commander in Chief of the Army and Navy of the United
States, do hereby make public proclamation to all whom it may concern
that an invasion or predatory incursion is threatened upon the territory
of the United States by Germany.
Conduct to be observed by alien enemies
And, acting under and by virtue of the authority vested in me by the
Constitution of the United States and the said sections of the United
States Code, I do hereby further proclaim and direct that the conduct to
be observed on the part of the United States toward all natives,
citizens, denizens or subjects of Germany being of the age of
Page 38
fourteen years and upwards who shall be within the United States or
within any territories in any way subject to the jurisdiction of the
United States and not actually naturalized, who for the purpose of this
Proclamation and under such sections of the United States Code are
termed alien enemies, shall be as follows:
All alien enemies are enjoined to preserve the peace towards the United
States and to refrain from crime against the public safety, and from
violating the laws of the United States and of the States and
Territories thereof; and to refrain from actual hostility or giving
information, aid or comfort to the enemies of the United States or
interfering by word or deed with the defense of the United States or the
political processes and public opinions thereof; and to comply strictly
with the regulations which are hereby or which may be from time to time
promulgated by the President.
All alien enemies shall be liable to restraint, or to give security, or
to remove and depart from the United States in the manner prescribed by
sections 23 and 24 of title 50 of the United States Code, and as
prescribed in the regulations duly promulgated by the President.
Duty and authority of the Attorney General and the Secretary of War
And, pursuant to the authority vested in me, I hereby charge the
Attorney General with the duty of executing all the regulations
hereinafter prescribed regarding the conduct of alien enemies within
continental United States, Puerto Rico, the Virgin Islands and Alaska,
and the Secretary of War with the duty of executing the regulations
which are hereinafter prescribed and which may be hereafter adopted
regarding the conduct of alien enemies in the Canal Zone, the Hawaiian
Islands and the Philippine Islands. Each of them is specifically
directed to cause the apprehension of such alien enemies as in the
judgment of each are subject to apprehension of deportation under such
regulations. In carrying out such regulations within the continental
United States, Puerto Rico, the Virgin Islands and Alaska, the Attorney
General is authorized to utilize such agents, agencies, officers and
departments of the United States and of the several states, territories,
dependencies and municipalities thereof and of the District of Columbia
as he may select for the purpose. Similarly the Secretary of War in
carrying out such regulations in the Canal Zone, the Hawaiian Islands
and the Philippine Islands is authorized to use such agents, agencies,
officers and departments of the United States and of the territories,
dependencies and municipalities thereof as he may select for the
purpose. All such agents, agencies, officers and departments are hereby
granted full authority for all acts done by them in the execution of
such regulations when acting by direction of the Attorney General or the
Secretary of War, as the case may be.
Page 39
REGULATIONS
The regulations contained in Proclamation No. 2525 of December 7, 1941,
relative to natives, citizens, denizens or subjects of Japan are hereby
incorporated in and made a part of this proclamation, and all be
applicable to alien enemies defined in this proclamation.
This proclamation and the regulations herein prescribed shall extend and
apply to all land and water, continental or insular, in any way within
the jurisdiction of the United States.
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 8th day of December, in the
year of our Lord nineteen hundred and forty-one, and of the
[SEAL] Independence of the United States of America the one hundred and
sixty-sixth.
FRANKLIN D. ROOSEVELT
By the President:
CORDELL HULL,
Secretary of State.
[No. 2526]
[F. R. Doc. 41-9237; Filed, December 9, 1941; 9:30 a. m.]
Page 40
(blank)
Page 41
WAR WITH ITALY
[ALIEN ENEMIES ITALIAN]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Authority
Whereas it is provided by section 21 of title 50 of the United States
Code as follows:
"Whenever there is a declared war between the United States and any
foreign nation or government, or any invasion or predatory incursion is
perpetrated, attempted, or threatened against the territory of the
United States by any foreign nation or government, and the President
makes public proclamation of the event, all natives, citizens, denizens,
or subjects of the hostile nation or government, being of the age of
fourteen years and upward, who shall be within the United States and not
actually naturalized, shall be liable to be apprehended, restrained,
secured, and removed as alien enemies. The President is authorized in
any such event, by his proclamation thereof, or other public act, to
direct the conduct to be observed, on the part of the United States,
toward the aliens who become so liable; the manner and degree of the
restraint to which they shall be subject and in what cases, and upon
what security their residence shall be permitted, and to provide for the
removal of those who, not being permitted to reside within the United
States, refuse or neglect to depart therefrom; and to establish any
other regulations which are found necessary in the premises and for the
public safety."
And whereas by sections 22, 23 and 24 of title 50 of the United States
Code further provision is made relative to alien enemies:
PROCLAMATION
Now, therefore, I, Franklin D. Roosevelt, as President of the United
States and as Commander-in-Chief of the Army and Navy of the United
States, do hereby make public proclamation to all whom it may concern
that an invasion or predatory incursion is threatened upon the territory
of the United States by Italy.
Conduct to be observed by alien enemies
And, acting under and by virtue of the authority vested in me by the
Constitution of the United States and the said sections of the United
States Code, I do hereby further proclaim and direct that the conduct to
be observed on the part of the United States toward all natives,
citizens, denizens or subjects of Italy being of the age of fourteen
years and upwards who shall be within the United States
Page 42
or within any territories in any way subject to the jurisdiction of the
United States and not actually naturalized, who for the purpose of this
Proclamation and under such sections of the United States Code are
termed alien enemies, shall be as follows:
All alien enemies are enjoined to preserve the peace towards the United
States and to refrain from crime against the public safety, and from
violating the laws of the United States and of the States and
Territories thereof; and to refrain from actual hostility or giving
information, aid, or comfort to the enemies of the United States or
interfering by word or deed with the defense of the United States or the
political processes and public opinions thereof; and to comply strictly
with the regulations which are hereby or which may be from time to time
promulgated by the President.
All alien enemies shall be liable to restraint, or to give security, or
to remove and depart from the United States in the manner prescribed by
Sections 23 and 24 of Title 50 of the United States Code, and as
prescribed in the regulations duly promulgated by the President.
Duties and authority of the Attorney General and the Secretary of War
And, pursuant to the authority vested in me, I hereby charge the
Attorney General with the duty of executing all the regulations
hereinafter prescribed regarding the conduct of alien enemies within
continental United States, Puerto Rico, the Virgin Islands and Alaska,
and the Secretary of War with the duty of executing the regulations
which are hereinafter prescribed and which may be hereafter adopted
regarding the conduct of alien enemies in the Canal Zone, the Hawaiian
Islands and the Philippine Islands. Each of them is specifically
directed to cause the apprehension of such alien enemies as in the
judgment of each are subject to apprehension or deportation under such
regulations. In carrying out such regulations within the continental
United States, Puerto Rico, the Virgin Islands and Alaska, the Attorney
General is authorized to utilize such agents, agencies, officers and
departments of the United States and of the several states, territories,
dependencies and municipalities thereof and of the District of Columbia
as he may select for the purpose. Similarly the Secretary of War in
carrying out such regulations in the Canal Zone, the Hawaiian Islands
and the Philippine Islands is authorized to use such agents, agencies,
officers and departments of the United States and of the territories,
dependencies and municipalities thereof as he may select for the
purpose. All such agents, agencies, officers and departments are hereby
granted full authority for all acts done by them in the execution of
such regulations when acting by direction of the Attorney General or the
Secretary of War, as the case may be.
Page 43
REGULATIONS
The regulations contained in Proclamation No. 2525 of December 7, 1941,
relative to natives, citizens, denizens or subjects of Japan are hereby
incorporated in and made a part of this proclamation, and shall be
applicable to alien enemies defined in this proclamation.
This proclamation and the regulations herein prescribed shall extend and
apply to all land and water, continental or insular, in any way within
the jurisdiction of the United States.
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 8th day of December, in the
year of our Lord nineteen hundred and forty-one, and of
[SEAL] the Independence of the United States of America the one
hundred and sixty-sixth.
FRANKLIN D. ROOSEVELT
By the President:
CORDELL HULL,
Secretary of State.
[No. 2627]
[F. R. Doc. 41-9238; Filed, December 9, 1941; 9:30 a. m.]
Page 44
(blank)
Page 45
PUBLIC LAW NO. 338
JOINT RESOLUTION removing restrictions on the territorial use of units
and members of the Army of the United States, extending the periods of
service of such personnel, and amending the National Defense Act with
respect to the meaning of the term "Army of the United States"
Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled, That the provisions of Public
Resolution Numbered 96, Seventy-sixth Congress, approved August 7, 1940,
as amended, and of Public, Numbered 783, Seventy-sixth Congress (the
Selective Training and Service Act of 1940), as amended, insofar as they
restrict the territorial use of units and members of the Army of the
United States, are suspended during the existence of any war in which
the United States is engaged, and during the six months immediately
following the termination of any such war.
SEC. 2. The periods of service, training and service, enlistment,
appointment, or commission, of all members of the Army of the United
States now or hereafter in or subject to active military service of the
United States are extended for the period stated in the preceding
section: Provided, That nothing in this section shall be construed to
prevent the President from terminating such periods of service, training
and service, enlistment, appointment, or commission at an earlier date
in any case.
SEC. 3. Section 1 of the National Defense Act of June 3, 1916, as
amended, is amended by striking out the period at the end thereof and
inserting in lieu of such period a comma and the following: "and shall
include persons inducted into the land forces of the United States under
Public, Numbered 783, Seventy-sixth Congress (the Selective Training and
Service Act of 1940), as amended.".
Approved by the President December 11, 1941.