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from time to time designate by Executive Order as a prohibited area in which residence by an alien enemy shall be found by him to constitute a danger to the public peace and safety of the United States, except by permit from the President and except under such limitations or restrictions as the President may prescribe;
(8) An alien enemy whom the President shall have reasonable cause to believe to be aiding or about to aid the enemy, or to be at large to the danger of the public peace or safety of the United States, or to have violated or to be about to violate any of these regulations, shall remove to any location designated by the President by Executive Order, and shall not remove therefrom without a permit, or shall depart from the United States if so required by the President;
(9) No alien enemy shall depart from the United States until he shall have received such permit as the President shall prescribe, or except under order of a court, judge, or justice, under Sections 4069 and 4070 of the Revised Statutes;
(10) No alien enemy shall land in or enter the United States, except under such restrictions and at such places as the President may prescribe;
(11) If necessary to prevent violations of these regulations, all alien enemies will be obliged to register;
(12) An alien enemy whom there may be reasonable cause to believe to be aiding or about to aid the enemy, or who may be at large to the danger of the public peace or safety, or who violates or attempts to violate, or of whom there is reasonable ground to believe that he is about to violate, any regulation duly promulgated by the President, or any criminal law of the United States, or of the States or Territories thereof, will be subject to summary arrest by the United States Marshal, or his deputy, or such other officer as the President shall designate, and to confinement in such penitentiary, prison, jail, military camp, or other place of detention as may be directed by
the President. 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 to be affixed. Done at the City of Washington, this sixth day of April, in the
year of our Lord one thousand nine hundred and seven[SEAL] teen, and of the independence of the United States the one hundred and forty-first.
WOODROW WILSON By the President: ROBERT LANSING,
Secretary of State.
File No. 763.72115/3107
[Received April 19, 9.30 a. m.] Please inform me whether Germans not of military age or German women or children may be permitted to enter the United States in case of pressing wants.
File No. 763.72115/3107
WASHINGTON, April 21, 1917, 5 p. m. Your telegram, April 19. No enemy alien allowed to enter this country without special permit of Department of Justice. Do not visa passports of Germans proposing to come to this country without previously reporting facts fully and obtaining special authorization in each case.
File No. 711.622/6a
The Secretary of State to President Wilson
WASHINGTON, April 21, 1917. MY DEAR MR. PRESIDENT: I enclose a copy of article 23 of the treaty of 1799 with Prussia,' which provides that “merchants of either country then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects (biens), without molestation or hindrance.” This treaty, in my opinion, is in force until terminated in accordance with the terminating article of the treaty requiring a 12 months' notice, or abrogated by the President with the consent of the Senate.
As it would be unfortunate to open the war by tearing up a treaty, I assume that it is your opinion that the treaty should not be abrogated. If it should be terminated by 12 months' notice, the provision just quoted would not prevent the emigration from the United States of Germans or German agents bent on missions in Mexico or other countries inimicable to the United States if not endangering its safety. Under your proclamation of April 6, an enemy alien is
Enclosure not printed; for text of treaty see Hunter Miller, Treaties and Other International Acts of the United States of America, vol. II, p. 433.
not allowed to leave the United States except he has received such a permit as the President shall prescribe. Under the treaty provision, however, he would seem to be entitled to leave the United States “ freely,” subject possibly only to reasonable restrictions. While regulations governing the issuance of permits are being prepared, I am advised that 25 or 30 persons holding themselves out as alien enemies have applied to cross the border into Mexico, and have been prevented from doing so except in three or four cases, the prevention being accomplished by detaining them in detention camps on the border as the only safe method of keeping them from crossing the line on foot. If the treaty provision is in force, detention of such alien enemies is likely to give rise to claims for indemnity by Germany after the war, as well as to the charge that we are violating the treaty. Yet it would seem important for national safety that certain Germans should not be allowed to leave the United States under any circumstances.
It is obvious that to hold that legally the treaty is in force and yet to protect the United States against its enemies are irreconcilable. This Department as well as the Department of Justice and perhaps other Departments is being flooded with inquiries as to whether this treaty provision is in force, and if so, whether Germans may freely leave the United States. It is important that these inquiries be answered without evasion. One suggestion has been made to me that we state that, while the treaty is technically in force because it has not been terminated by 12 months' notice in accordance with its terms, yet the violation by Germany of other articles of the treaty render it doubtful as to whether she has not in effect abrogated the treaty by her flagrant violations of its provisions, and that therefore the United States feels free to prevent the departure of its enemies except under reasonable regulations made for the protection of the national safety. Faithfully yours,
File No. 711.622/12
WASHINGTON, May 8, 1917. MY DEAR MR. SECRETARY: I am sorry not to have sent you sooner an answer to the very important question stated in the enclosed letter. The fact of the matter is that it has given me not a little trouble to arrive at a right solution of the quandary, if, indeed, I have arrived at such a solution.
It is clear to me, as it is to you, that we cannot arbitrarily ignore this treaty. It was made for war, not for peace,- for just such relations between ourselves and Germany as have now arisen; and
I do not feel that Germany's playing fast and loose with the obligations of this treaty, as of all others, affords, for us who are proud to observe obligations and would like to set an example, a sufficient ground for repudiating our own promises under it.
At the same time, it is clear to me that the treaty cannot have had in its contemplation any subjects of Germany living in this country except those whose conduct and purpose were peaceable and consistent (so far as they were concerned) with the peace and security of the United States. It cannot have been intended to extend privileges to those who might from any reasonable point of view be thought to be plotting or intending mischief against us.
I should say, therefore, that it was our duty to allow all German citizens resident in this country the full nine months stipulated in which “ to collect their debts and settle their affairs ” and to permit them to “ depart freely, carrying off all their effects without molestation or hindrance"; but that it was our privilege to discriminate amongst them just as we are discriminating amongst those alien enemies who remain in residence here, distinguishing and restraining those whom we have reason to believe to entertain purposes hostile or inimical to the United States. Such persons ought not to be permitted to leave our territory freely or to carry their effects into a neighbouring country where it is known that they will in all probability have a better opportunity to do us harm than they would have if they remained here. This line will be hard to draw, no doubt, but it will be as practicable to draw it amongst those leaving the country as amongst those who remain in it. Faithfully yours,
File No. 711.622/12
The Secretary of State to the Attorney General (Gregory)?
WASHINGTON, May 9, 1917. MY DEAR MR. ATTORNEY GENERAL: With reference to the question of the interpretation of article 23 of the treaty of 1799 between the United States and Prussia and whether or not the treaty is binding so far as this Government is concerned, I enclose for your information copy of a letter dated May 8 from the Presidenta giving his views in reply to my letter to him of the 21st ultimo. A copy of the treaty article referred to is also enclosed. Sincerely yours,
. The same, on the same date, to the Secretary of Labor. * Supra.
* For a further statement concerning the validity of the treaty of 1799 see instructions to the chairman of the American Commission to the Prisoners of War Conference, Aug. 22, 1918, ante, p. 86.
* Enclosure not printed.
File No. 763.72/4573
[Received May 12, 3 a. m.] 353. I am informed by a reliable American, who yesterday returned from Germany where he has been chief representative of an important American newspaper, following information:
Shortly after diplomatic relations were severed German Chamber of Commerce issued figures showing that there were about 400 Americans remaining in Germany. Last week they stated that there were then about 300, of which approximately 150 are in Berlin. No restrictions are put on Americans except that they must report daily to the police authorities and be in their homes by 10 o'clock at night unless they receive special permission to remain out longer. There is no particular bitterness or animosity against Americans. German officials still adopt the policy that Germany has not declared itself at war with the United States and does not recognize in its conduct that a state of war exists.
There have been large increases in the supply of meat throughout Germany at a reduced price which the Government has fixed for meat. On the other hand the cereal and bread rations have been materially decreased. This increase of meat supply may indicate that Germany is unable to obtain sufficient fodder for live stock and therefore finds it necessary to increase its slaughter.
Complete order seems to prevail throughout Germany and there are no serious epidemics of disease, or riots. The mass of the people still feel sure of ultimate victory. Informant in calling at the Foreign Office last week before his departure was told by the officials there that while Germany recognized the seriousness and gravity of America's entering the war, still they felt that it would be a long time before America would be able to obtain trained troops and equipment necessary to become an effective factor in the war. The officials throughout Germany seem to be anxious not to irritate or annoy Americans, probably because they fear retaliation on the great number of German subjects now in America.
File No. 311.62/51a
The Secretary of State to the Swiss Minister (Ritter)
WASHINGTON, May 17, 1917. . SIR: I have the honor to refer to a conversation which your Secretary had with the Department of State on May 16, concerning the desire of the Prisoners of War Relief Committee, of New York