US History/US History (Bureau Development Inc.)(1991).ISO/dp/0105/01052.txt

Text File | 1990-12-23 | 18KB | 340 lines

$Unique_ID{USH01052}
$Pretitle{100}
$Title{Presidential Proclamations & Executive Orders
Chapters 1 & 2    [Reserved] & Clemency}
$Subtitle{}
$Author{National Archives and Records Administration}
$Affiliation{National Archives}
$Subject{states
united
act
service
forces
convicted
pardon
selective
whereas
armed}
$Volume{}
$Date{1989}
$Log{}
Book:        Presidential Proclamations & Executive Orders
Author:      National Archives and Records Administration
Affiliation: National Archives
Date:        1989

Chapters 1 & 2    [Reserved] & Clemency

Chapter 1         [Reserved]

Chapter 2         Clemency

Proclamation 2676 - Granting pardon to certain persons who have served in the
     armed forces of the United States

     Source:  The provisions of Proclamation 2676 of Dec. 24, 1945, appear at
10 FR 15409, 3 CFR, 1943-1948 Comp., p. 72, unless otherwise noted.

     WHEREAS the Constitution of the United States provides that the President
"shall have power to grant reprieves and pardons for offenses against the
United States, except in cases of impeachment"; and

     WHEREAS subsequent to July 29, 1941, there were inducted and enrolled in
the armed forces of the United States persons who had prior to their entry,
induction or enrollment been convicted of offenses against the laws of the
United States or the Territory of Alaska, other than the laws for the
government of the Army and Navy; and

     WHEREAS it appears that such convicted persons who have or shall
hereafter be honorably discharged or separated from the armed forces, or
separated with honor from active service therein, after serving in active
status for not less than one year ought to have restored to them the
political, civil, and other rights of which they were deprived by reason of
such conviction and which may not be restored to them unless they are
pardoned:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of
America, do hereby grant a full pardon to all persons convicted of violation
of any law of the United States or of the Territory of Alaska, except the laws
for the government of the Army and the Navy, who on or after the twenty-ninth
day of July, 1941, and prior to the date hereof entered, enrolled in, or were
inducted into the armed forces of the United States and who after serving in
active status for not less than one year have been or shall hereafter be
honorably discharged or separated therefrom, or separated under honorable
conditions from active service therein:  Provided, however, that such pardon
shall not be construed to include the pardon of such persons for any offenses
for which conviction has been obtained after the date of such entry,
enrollment, or induction into service.

     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 24th day of December, in the year of
our Lord nineteen hundred and forty-five, and of the Independence of the
United States of America the one hundred and seventieth.

Proclamation 2762 - Granting pardon to certain persons convicted of violating
     the Selective Training and Service Act of 1940 as amended

     Source:  The provisions of Proclamation 2762 of Dec. 23, 1947, appear at
12 FR 8731, 3 CFR, 1943-1948 Comp., p. 145, unless otherwise noted.

     WHEREAS by Executive Order No. 9814 of December 23, 1946, there was
established the President's Amnesty Board, the functions and duties of which
were set out in paragraph 2 of the said Executive order as follows:

     "The Board, under such regulations as it may prescribe, shall examine and
consider the cases of all persons convicted of violation of the Selective
Training and Service Act of 1940, as amended (50 U.S.C. App. 301 ff.), or of
any rule or regulation prescribed under or pursuant to that Act, or convicted
of a conspiracy to violate that Act or any rule or regulation prescribed under
or pursuant thereto.  In any case in which it deems it desirable to do so, the
Board shall make a report to the Attorney General which shall include its
findings and its recommendations as to whether Executive clemency should be
granted or denied, and, in any case in which it recommends that Executive
clemency be granted, its recommendations with respect to the form that such
clemency should take.  The Attorney General shall report the findings and
recommendations of the Board to the President, with such further
recommendations as he may desire to make."

and

     WHEREAS the Board, after considering all cases coming within the scope of
paragraph 2 of the said Executive order, has made a report to the Attorney
General, which includes the findings of the Board and its recommendation that
Executive clemency be granted in certain of such cases; and

     WHEREAS the Attorney General has submitted such report to me with his
approval of the recommendation made by the Board with respect to Executive
clemency; and

     WHEREAS upon consideration of the report and recommendation of the Board
and the recommendation of the Attorney General, it appears that certain
persons convicted of violating the Selective Training and Service Act of 1940
as amended ought to have restored to them the political, civil, and other
rights of which they were deprived by reason of such conviction and which may
not be restored to them unless they are pardoned:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of
America, under and by virtue of the authority vested in me by Article II of
the Constitution of the United States, do hereby grant a full pardon to those
persons convicted of violating the Selective Training and Service Act of 1940
as amended whose names are included the in list of names attached hereto and
hereby made a part of this proclamation.

     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 23rd day of December in the year of
our Lord nineteen hundred and forty-seven, and of the Independence of the
United States of America the one hundred and seventy-second.

Proclamation 3000 - Granting pardon to certain persons who have served in the
     armed forces of the United States since June 25, 1950

     Source:  The provisions of Proclamation 3000 of Dec. 24, 1952, appear at
17 FR 11833, 3 CFR, 1949-1953 Comp., p. 175, unless otherwise noted.

     WHEREAS the Constitution of the United States provides that the President
"shall have power to grant reprieves and pardons for offenses against the
United States, except in cases of impeachment"; and

     WHEREAS there have entered, enrolled in, or been inducted into the armed
forces of the United States persons who had prior to their entry, enrollment,
or induction been convicted of offenses against the laws of the United States,
other than the laws for the government of the armed forces of the United
States; and

     WHEREAS it appears that such convicted persons who have been or shall
hereafter be honorably discharged or separated from the armed forces, or
separated with honor from active service therein, after serving in active
status for not less than one year subsequent to June 25, 1950 ought to be
pardoned:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of
America, do hereby grant a full pardon to all persons convicted of violation
of any law of the United States, except the laws for the government of the
armed forces of the United States, who prior to the date hereof entered,
enrolled in, or were inducted into the armed forces of the United States and
who after serving in active status for not less than one year subsequent to
June 25, 1950 have been or shall hereafter be honorably discharged or
separated therefrom, or separated under honorable conditions from active
service therein:  Provided, however, that such pardon shall not be construed
to include the pardon of such persons for any offenses for which conviction
has been obtained after the date of such entry, enrollment, or induction.

     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 24th day of December, in the year of
our Lord nineteen hundred and fifty-two, and of the Independence of the United
States of America the one hundred and seventy-seventh.

Proclamation 3001-Granting amnesty and pardon to certain persons convicted by
     court-martial of desertion from the armed forces of the United States

     Source:  The provisions of Proclamation 3001 of Dec. 24, 1952, appear at
17 FR 11833, 3 CFR, 1949-1953 Comp., p. 175, unless otherwise noted.

     WHEREAS section 2 of Article II of the Constitution of the United States
of America provides that the President "shall have power to grant reprieves
and pardons for offenses against the United States, except in cases of
impeachment"; and

     WHEREAS section 306 of the Nationality Act of 1940 (54 Stat. 1141)
provides in part that a person who at any time during which the United States
is at war deserts the military or naval forces of the United States shall upon
conviction thereof by a court-martial be ineligible to become a citizen of the
United States, and that such deserters shall be forever incapable of holding
any office of trust or of profit under the United States, or of exercising any
rights as citizens thereof; and

     WHEREAS section 401 (a) (g) of the said Act, as amended by section 1 of
the act of January 20, 1944, 58 Stat. 4, provides in part that any person who
is a national of the United States, whether by birth or naturalization, shall
lose his nationality by deserting the military or naval forces of the United
States in time of war, provided that he is convicted thereof by court-martial
and as a result of such conviction is dismissed or dishonorably discharged
from the service of such military or naval forces; and

     WHEREAS section 314 and section 349 (a) (8) of the Immigration and
Nationality Act (66 Stat. 241, 268) contains substantially the same provisions
as those contained in the said sections 306 and 401 (a) (g), respectively, of
the Nationality Act of 1940, and are expressly applicable to desertion from
the air forces, as well as the military and naval forces, of the United
States; and

     WHEREAS active hostilities in World War II terminated on August 14, 1945,
but the last of the states of war existing at that time was not formally and
legally terminated until April 28, 1952; and

     WHEREAS no active hostilities existed between August 14, 1945, and June
25, 1950, the date of the Korean invasion; and

     WHEREAS it appears that it would be in the public interest to grant
amnesty and pardon, to the extent hereafter indicated, to all persons who
deserted from the armed forces of the United States on or after August 14,
1945, and prior to June 25, 1950, and consequently were, or may hereafter be,
convicted by court-martial of desertion committed in time of war, and to all
persons who as a result of such conviction were or may hereafter be, dismissed
or dishonorably discharged from the armed forces of the United States:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of
America, under and by virtue of the authority vested in me by section 2 of
Article II of the Constitution of the United States of America do hereby grant
amnesty and pardon to all persons who have heretofore been, or may hereafter
be, convicted by court-martial of desertion from any branch of the armed
forces of the United States in time of war committed on or after August 14,
1945, but prior to June 25, 1950, and also to all persons who as a result of
such conviction have been, or may hereafter be, dismissed or dishonorably
discharged from the armed forces of the United States, to the extent that
there shall be, and hereby is, fully remitted as to such persons any
relinquishment, loss, or forfeiture of their rights (including the right to
become a citizen of the United States), capacities, or nationality, incurred
under the provisions of the said sections 306 and 401 (a) (g) of the
Nationality Act of 1940 and the said sections 314 and 349 (a) (8) of the
Immigration and Nationality Act as a result of such conviction, or of such
conviction and dismissal or dishonorable discharge from the armed forces of
the United States.

     Nothing in this proclamation shall be construed as removing, or as
authorizing the removal of, any charge of desertion which may now be pending
on the rolls or records of the United States in the case of any person, or as
pardoning, remitting, or mitigating any penalties to which any person is now,
or may hereafter become, liable except as hereinbefore specifically provided.

     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 on this 24th day of December in the year
of our Lord nineteen hundred and fifty-two, and of the Independence of the
United States of America the one hundred and seventy-seventh.

Proclamation 4483 - Granting pardon for violations of the Selective Service
     Act, August 4, 1964, to March 28, 1973

     Source:  The provisions of Proclamation 4483 of Jan. 21, 1977, appear at
42 FR 4391, 3 CFR, 1977 Comp., p. 4, unless otherwise noted.

     Acting pursuant to the grant of authority in Article II, Section 2, of
the Constitution of the United States, I, Jimmy Carter, President of the
United States, do hereby grant a full, complete and unconditional pardon to:
(1) all persons who may have committed any offense between August 4, 1964 and
March 28, 1973 in violation of the Military Selective Service Act or any rule
or regulation promulgated thereunder; and (2) all persons heretofore
convicted, irrespective of the date of conviction, of any offense committed
between August 4, 1964 and March 28, 1973 in violation of the Military
Selective Service Act, or any rule or regulation promulgated thereunder,
restoring to them full political, civil and other rights.

     This pardon does not apply to the following who are specifically excluded
therefrom:

     (1) All persons convicted of or who may have committed any offense in
violation of the Military Selective Service Act, or any rule or regulation
promulgated thereunder, involving force or violence; and

     (2) All persons convicted of or who may have committed any offense in
violation of the Military Selective Service Act, or any rule or regulation
promulgated thereunder, in connection with duties or responsibilities arising
out of employment as agents, officers or employees of the Military Selective
Service system.

     IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January,
in the year of our Lord nineteen hundred and seventy-seven, and of the
Independence of the United States of America the two hundred and first.

Executive Order 11967 - Relating to violations of the Selective Service Act,
     August 4, 1964 to March 28, 1973

     Source:  The provisions of Executive Order 11967 of Jan. 21, 1977, appear
at 42 FR 4331, 3 CFR, 1977 Comp., p. 91, unless otherwise noted.

     The following actions shall be taken to facilitate Presidential
Proclamation of Pardon of January 21, 1977:

     1. The Attorney General shall cause to be dismissed with prejudice to the
government all pending indictments for violations of the Military Selective
Service Act alleged to have occurred between August 4, 1964 and March 28, 1973
with the exception of the following:

     (a) Those cases alleging acts of force or violence deemed to be so
serious by the Attorney General as to warrant continued prosecution; and

     (b) Those cases alleging acts in violation of the Military Selective
Service Act by agents, employees or officers of the Selective Service System
arising out of such employment.

     2. The Attorney General shall terminate all investigations now pending
and shall not initiate further investigations alleging violations of the
Military Selective Service Act between August 4, 1964 and March 28, 1973, with
the exception of the following:

     (a) Those cases involving allegations of force or violence deemed to be
so serious by the Attorney General as to warrant continued investigation, or
possible prosecution; and

     (b) Those cases alleging acts in violation of the Military Selective
Service Act by agents, employees or officers of the Selective Service System
arising out of such employment.

     3. Any person who is or may be precluded from reentering the United
States under 8 U.S.C. 1182(a)(22) or under any other law, by reason of having
committed or apparently committed any violation of the Military Selective
Service Act shall be permitted as any other alien to reenter the United
States.

     The Attorney General is directed to exercise his discretion under 8
U.S.C. 1 182(d)(5) or other applicable law to permit the reentry of such
persons under the same terms and conditions as any other alien.

     This shall not include anyone who falls into the exceptions of paragraphs
I (a) and (b) and 2 (a) and (b) above.

     4. Any individual offered conditional clemency or granted a pardon or
other clemency under Executive Order 11803 or Presidential Proclamation 4313,
dated September 16, 1974, shall receive the full measure of relief afforded by
this program if they are otherwise qualified under the terms of this Executive
Order.