Executive Order 10398

Military Protection of the Canal Zone

Whereas the Commander in Chief, Caribbean, is responsible, subject to the authority of the President, the Secretary of Defense, the Secretary of the Army, and the joint Chiefs of Staff, for the military security, protection, and defense of the Canal Zone;

Whereas the Canal Zone Government, under the Governor of the Canal Zone and subject to the supervision of the Secretary of the Army, is charged, except as otherwise provided by law, with the performance of various duties connected with the civil government, including protection, of the Canal Zone;

Whereas as a practical matter, the aforesaid duties of the Commander and the Governor are not wholly mutually exclusive, particularly in time of emergency; and

Whereas it is necessary to make appropriate arrangements concerning the security of the Canal Zone during the present emergency:

Now, Therefore, by virtue of the authority vested in me by the Constitution and statutes, including the Canal Zone Code, and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows:

1. As between the Commander in Chief, Caribbean, and the Governor of the Canal Zone, the views of the former shall prevail with respect to determinations as to whether any aspect of the protection of the Canal Zone pertains to its military security, protection, and defense, as distinguished form the protection afforded by the civil authorities. Should the Governor of the Canal Zone disagree with any specific decision of the Commander in Chief, Caribbean, under this paragraph, the said Governor may, through the Secretary of the Army or through the Board of Directors of the Panama Canal Company, as may be appropriate, appeal such decision to the President. Pending any modification of the said decision by the President pursuant to appeal, such decision shall remain binding and effective. The provisions of this paragraph shall remaining force until the termination of the emergency proclaimed by the President December 16, 1950.
   
   
2. Executive Order No. 2382 of May 17, 1916, is hereby revoked.

Harry S. Truman⁠

The White House,

September 26, 1952.

Notes

Revokes:

• Executive Order 2382, May 17, 1916

See Related:

• Proclamation 2914, December 16, 1950

See Public Law 94-412 (90 Stat. 1255; 50 U.S.C. 1601), which terminates, effective September 14, 1978, all powers and authorities, except those expressly cited, possessed by the President and/or other Federal officials as a result of any declaration of a national emergency in effect on September 14, 1976.