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EXECUTIVE ORDERS 6166 AND 6102 -- with Comments by "S"

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From: S
To: Bellringer
Sent: Saturday, April 12, 2008 10:08 PM
Subject: Fw: FAILURE TO GIVE DUE NOTICE AT TIME OF NATIONAL EMERGENCY
 
 Dear Fourwinds Readers:

From earlier S msg:

 

“If the American people did not know or understand what was going on, and had no ‘notice’ or venue to lodge a formal protest, mount an effective objection/rebuttal, NOTICE AND DEMAND to cease-desist, or to modify the terms and conditions being implemented, there IS NO CONSENT AND NO DISCLOSURE OF MATERIAL FACTS AND ISSUES OF FACT bearing on their rights, titles, interests ‘within the united States of America’.”

 

PLEASE take the time to review the very top of E.O. 6166, June 10, 1933:

 

Executive Order 6166--Organization of executive agencies

Source: The provisions of Executive Order 6166 of June 10, 1933, do not appear in the Federal Register system.

WHEREAS section 16 of the act of March 3, 1933 (Public, No. 428, 47 Stat. 1517), provides for reorganizations within the executive branch of the Government; requires the President to investigate and determine what reorganizations are necessary to effectuate the purposes of the statute; and authorizes the President to make such reorganizations by Executive order; and

THERE is a key chink to our ‘takeover’  [by non-disclosure and failure to give due notice] from ‘republican’ form to ‘statutory-administrative-Executive-commercial-admiralty-DOC-CORPORATION’ form.  Why was this E.O. not published?  Because it does not and cannot apply to the people of the several states of the organic Union.

Did the Congress and/or the Executive of the ‘Government’ or ‘government’, having a ‘dual’ nature’ have a fiduciary duty to inform, and disclose?  You betcha.  Just like Mr. W says.  Did they do it?  No!  Are they in breach, even today?  I think so, and so do a lot of others who have researched this.

 

 FURTHERMORE, in E.O. 6102 of April 5, 1933, the Order reads in part pertaining to the Act of March 9, 1933 that it is,

 

“An Act to provide relief in the existing national emergency in banking, and for other purposes~',

 

Nowhere in the American Constitution does it give authority to the Legislature, Judiciary, or Executive to materially alter, reform or suspend the lawful offices of the People, the lawful operations of the Republic, and contra-vert the same into a ‘holding’ of the DoC CORPORATION or its Owners, Principal Creditors and Holders.  I have not searched the Archive Federal Register to see what Acts were actually published at that time as lawful form of giving states due notice of pending Act of Congress.

 

“…and for other purposes” is like driving a tank over the Constitution.

 

“…to provide relief….” by giving the Republic a facelift??  FDR was a traitor, and remained such until the very end, even after he allowed Pearl Harbor to be attacked in order to create another promulgated false flag operation in order to get the U.S. into the well-planned war between Axis [of evil] and Allied powers…..basically, just two sides of the face of Cain.  There is no authority in our Constitution to reform the Founders trust indenture.  NONE!

 

 

The American People of the several states were still not completely subject to or subordinated to the incorporated UNITED STATES at the time of the ‘banking emergency’ after the [orchestrated] financial meltdown of the late 20’s.  They were and remain today sovereigns unto themselves, their states, their lands.  And, under the Federal Registration Act, in order for the Congress to legislate in any way to the states of the Union, which would/could effect their People, the Congress had to publish in the Federal Register that which would enjoin them to the new law pending, and allow for a ‘response period’ etc.  By virtue of this E.O. provisions not being ‘ordered’ within the same Order to appear in the Federal Register, the information contained therein, as well as all prior related legislation or E.O’s is intentionally withheld and not disclosed. 

 

The very first paragraph lays out the purpose of the E.O. itself, but references the previous March 3, 1933 Act, which provided for ‘reorganizations within the executive branch of the ‘Government’….”  There is no Constitutional provision for Congress to pass such an Act, or to then allow the President to issue E.O. 6102 on April 5, 1933.  So, which Constitution was FDR and that Congress working on?  Emergency powers are not enumerated.  War powers are.  At least that is my understanding of it.  The Federal Reserve Bank Act, however, specified that the charter Act and Bank could only be extended beyond the March 1933 sunset date by virtue of a declared state of national ‘emergency’.  FDR was running the ‘declared emergency’ reformations off of the FRB Act and for the Owners, Principals, and Parties of Interest deep down under it. 

 

It is so bizarre that the very people, Mendall House, Rhodes, etc. who told the elite of the world exactly what they planned to do, and how they would do it, were given access to the “faith and trust” of the Global Debt Facility, and “faith and credit” of the American states and their people, via those [Aldrich et al.] who were in contempt of the American Republic and its people-states, as ‘Sovereigns without Subjects’.  They had no intention of ‘stabilizing’ anything per the Global Debt Facility and its Asset base.  Quite to the contrary I would say.  Just look at what they created to make certain there was good cause to keep the ‘emergency’ chaos and suffering going at that time all the way to the present.  Who starts or funds all of the wars and rolling crisis from one generation to the next?

 

E.O. 6120 is when the peoples’ gold was stolen; E.O. was when the people themselves were converted into ‘property’ for the U.S. to seize, register, and ‘procure’ for the U.S. Treasury….all within two months.  The Acts of March 3 and March 9, 1933, even if published in Federal Register, barely gave the states and people thereof time to object.  I admit that the Act of March 3, if published by March 5, would have timed out on 30 day ‘noticing period’ by April 5, which is exactly when the gold was confiscated under E.O. 6120.  But, did the people know that their gold was going and they were being led right into DEBTOR’s prison by adhesion to franchises of the UNITED STATES set up under obfuscation, deception, fraud to appear as if they were still ‘themselves’ in their original jurisdiction and capacity?  NOT!

 

S

 

**********************************

Executive Order 6166

Executive Order 6166--Organization of executive agencies

Source: The provisions of Executive Order 6166 of June 10, 1933, do not appear in the Federal Register system.

WHEREAS section 16 of the act of March 3, 1933 (Public, No. 428, 47 Stat. 1517), provides for reorganizations within the executive branch of the Government; requires the President to investigate and determine what reorganizations are necessary to effectuate the purposes of the statute; and authorizes the President to make such reorganizations by Executive order; and

WHEREAS I have investigated the organization of all executive and administrative agencies of the Government and have determined that certain regroupings, consolidations, transfers, and abolitions of executive agencies and functions thereof are necessary to accomplish the purposes of section 16;

NOW, THEREFORE, by virtue of the aforesaid authority, I do hereby order that:

Section 1.--Procurement

The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency is transferred to a Procurement Division1 in the Treasury Department, at the head of which shall be a Director of Procurement.

The Office of the Supervising Architect of the Treasury Department is transferred to the Procurement Division, except that the buildings of the Treasury Department shall be administered by the Treasury Department and the administration of post office buildings is transferred to the Post Office Department.2 The General Supply Committee of the Treasury Department is abolished.

In respect of any kind of procurement, warehousing, or distribution for any agency the Procurement Division may, with the approval of the President, (a) undertake the performance of such procurement, warehousing, or distribution itself, or (b) permit such agency to perform such procurement, warehousing, or distribution, or (c) entrust such performance to some other agency, or (d) avail itself in part of any of these recourses, according as it may deem desirable in the interest of economy and efficiency. When the Procurement Division has prescribed the manner of procurement, warehousing, or distribution of any thing, no agency shall thereafter procure, warehouse, or distribute such thing in any manner other than so prescribed.

The execution of work now performed by the Corps of Engineers of the Army shall remain with said corps, subject to the responsibilities herein vested in the Procurement Division.

The Procurement Division shall also have control of all property, facilities, structures, machinery, equipment, stores, and supplies not necessary to the work of any agency; may have custody thereof or entrust custody to any other agency; and shall furnish the same to agencies as need therefore may arise.

The Fuel Yards of the Bureau of Mines3 of the Department of Commerce are transferred to the Procurement Office.

[Sec. 1 amended by EO 6623 of Mar. 1, 1934]

Section 2.--National Parks, Buildings, and Reservations

All functions of administration of public buildings, reservations, national parks, national monuments, and national cemeteries are consolidated in an Office of National Parks, Buildings, and Reservations4 in the Department of the Interior, at the head of which shall be a Director of National Parks, Buildings, and Reservations; except that where deemed desirable there may be excluded from this provision any public building or reservation which is chiefly employed as a facility in the work of a particular agency. This transfer and consolidation of functions shall include, among others, those of the National Park Service of the Department of the Interior and the National Cemeteries and Parks of the War Department5 which are located within the continental limits of the United States. National cemeteries located in foreign countries shall be transferred to the Department of State, and those located in insular possessions under the jurisdiction of the War Department shall be administered by the Bureau of Insular Affairs6 of the War Department.7

The functions of the following agencies are transferred to the Office of National Parks, Buildings, and Reservations of the Department of the Interior, and the agencies are abolished:

Arlington Memorial Bridge Commission

Public Buildings Commission

Public Buildings and Public Parks of the National Capital

National Memorial Commission

Rock Creek and Potomac Parkway Commission

Expenditures by the Federal Government for the purposes of the Commission of Fine Arts, the George Rogers Clark Sesquicentennial Commission, and the Rushmore National Commission shall be administered by the Department of the Interior.

Section 3.--Investigations

All functions now exercised by the Bureau of Prohibition of the Department of Justice with respect to the granting of permits under the national prohibition laws are transferred to the Division of Internal Revenue8 in the Treasury Department.

All functions now exercised by the Bureau of Prohibition with respect to investigations and all the functions now performed by the Bureau of Investigation of the Department of Justice are transferred to and consolidated in a Division of Investigation9 in the Department of Justice, at the head of which shall be a Director of Investigation.

All other functions now performed by the Bureau of Prohibition are transferred to such divisions in the Department of Justice as in the judgment of the Attorney General may be desirable.10

Section 4.--[Repealed]

[Sec. 4 repealed by Pub. L. 97-258 of Sept. 13, 1982 (96 Stat. 1086)]

Section 5.--Claims by or against the United States

The functions of prosecuting in the courts of the United States claims and demands by, and offsenses against, the Government of the United States, and of defending claims and demands against the Government, and of supervising the work of United States attorneys, marshals, and clerks in connection therewith, now exercised by any agency or officer, are transferred to the Department of Justice.

As to any case referred to the Department of Justice for prosecution or defense in the courts, the function of decision whether and in what manner to prosecute, or to defend, or to compromise, or to appeal, or to abandon prosecution or defense, now exercised by any agency or officer, is transferred to the Department of Justice.

For the exercise of such of his functions as are not transferred to the Department of Justice by the foregoing two paragraphs, the Solicitor of the Treasury11 is transferred from the Department of Justice to the Treasury Department.

Nothing in this section shall be construed to affect the function of any agency or officer with respect to cases at any stage prior to reference to the Department of Justice for prosecution or defense.

Section 6.--Insular Courts

The United States Court for China,12 the District Court of the United States for the Panama Canal Zone,13 and the District Court of the Virgin Islands of the United States are transferred to the Department of Justice.

Section 7.--Solicitors

The Solicitor for the Department of Commerce14 is transferred from the Department of Justice to the Department of Commerce.

The Solicitor for the Department of Labor is transferred from the Department of Justice to the Department of Labor.

Section 8.--Internal Revenue

The Bureaus of Internal Revenue and of Industrial Alcohol of the Treasury Department are consolidated in a Division of Internal Revenue, at the head of which shall be a Commissioner of Internal Revenue.15

Section 9.--Assistant Secretary of Commerce

The Assistant Secretary of Commerce for Aeronautics shall be an Assistant Secretary of Commerce and shall perform such functions as the Secretary of Commerce may designate.

Editorial note: The functions of all officials of the Department of Commerce were transferred to the Secretary of Commerce by Reorganization Plan No. 5 of 1950, 15 FR 3174, 3 CFR, 1949-1953 Comp., p. 1004, effective May 24, 1950.

Section 10.--Official Register

The function of preparation of the Official Register16 is transferred from the Bureau of the Census to the Civil Service Commission.17

Section 11.--Statistics of Cities

The function of the Bureau of the Census of the Department of Commerce of compiling statistics of cities under 100,000 population is abolished for the period ending June 30, 1935.

Section 12.--Shipping Board

The functions of the United States Shipping Board including those over and in respect to the United States Shipping Board Merchant Fleet Corporation18 are transferred to the Department of Commerce, and the United States Shipping Board is abolished.

Section 13.--National Screw Thread Commission

The National Screw Thread Commission is abolished, and its records, property, facilities, equipment, and supplies are transferred to the Department of Commerce.

Section 14.--Immigration and Naturalization

The Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of the Department of Labor,19 at the head of which shall be a Commissioner of Immigration and Naturalization.

Section 15.--Vocational Education

The functions of the Federal Board for Vocational Education20 are transferred to the Department of the Interior, and the Board shall act in an advisory capacity without compensation.

Section 16.--Apportionment of Appropriations

The functions of making, waiving, and modifying apportionments of appropriations are transferred to the Director of the Office of Management and Budget.

[Sec. 16 amended by EO 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]

Section 17.--Coordinating Service

The Federal Coordinating Service is abolished.

Section 18.--[Revoked]

[Sec. 18 revoked by EO 6586 of Feb. 6, 1934]

Section 19.--General Provisions

Each agency, all the functions of which are transferred to or consolidated with another agency, is abolished.

The records pertaining to an abolished agency or a function disposed of, disposition of which is not elsewhere herein provided for, shall be transferred to the successor. If there be no successor agency, and such abolished agency be within a department, said records shall be disposed of as the head of such department may direct.

The property, facilities, equipment, and supplies employed in the work of an abolished agency or the exercise of a function disposed of, disposition of which is not elsewhere herein provided for, shall, to the extent required, be transferred to the successor agency. Other such property, facilities, equipment, and supplies shall be transferred to the Procurement Division.

All personnel employed in connection with the work of an abolished agency or function disposed of shall be separated from the service of the United States, except that the head of any successor agency, subject to my approval, may, within a period of four months after transfer or consolidation, reappoint any of such personnel required for the work of the successor agency without reexamination or loss of civil-service status.

Section 20.--Appropriations

Such portions of the unexpended balances of appropriations for any abolished agency or function disposed of shall be transferred to the successor agency as the Director of the Budget shall deem necessary.

Unexpended balances of appropriations for an abolished agency or function disposed of, not so transferred by the Director of the Budget, shall, in accordance with law, be impounded and returned to the Treasury.

Section 21.--Definitions

As used in this order--

"Agency" means any commission, independent establishment, board, bureau, division, service, or office in the executive branch of the Government.

"Abolished agency" means any agency which is abolished, transferred, or consolidated.

"Successor agency" means any agency to which is transferred some other agency or function, or which results from the consolidation of other agencies or functions.

"Function disposed of" means any function eliminated or transferred.

Section 22.--Effective Date

In accordance with law, this order shall become effective 61 days from its date; Provided, That in case it shall appear to the President that the interests of economy require that any transfer, consolidation, or elimination be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefore, and he may for like cause further defer such date from time to time.

Editorial note: Certain provisions of Executive Order 6166 were delayed by the following Executive orders: Executive Order 6221 of July 26, 1933; Executive Order 6222 of July 27, 1933; Executive Order 6227 of July 27, 1933; Executive Order 6228 of July 28, 1933; Executive Order 6239 of Aug. 2, 1933; Executive Order 6243 of Aug. 5, 1933; Executive Order 6244 of Aug. 8, 1933; Executive Order 6245 of Aug. 9, 1933; Executive Order 6301 of Sept. 30, 1933; Executive Order 6540 of Dec. 28, 1933; Executive Order 6585 of Feb. 6, 1934; Executive Order 6624 of Mar. 1, 1934; Executive Order 6690 of Apr. 25, 1934; Executive Order 6727 of May 29, 1934; Executive Order 6927 of Dec. 21, 1934; Executive Order 7077 of June 15, 1935; Executive Order 7261 of Dec. 31, 1935; Executive Order 7390 of June 15, 1936, 3 CFR, 1936-1938 Comp., p. 145; Executive Order 7526 of Dec. 29, 1936, 3 CFR, 1936-1938 Comp., p. 235; Executive Order 7639 of June 19, 1937, 3 CFR, 1936-1938 Comp., p. 272; Executive Order 7774 of Dec. 21, 1937, 3 CFR, 1936-1938 Comp., p. 343; Executive Order 8026 of Dec. 23, 1938, 3 CFR, 1938-1943 Comp., p. 439; and Executive Order 8182 of June 28, 1939, 3 CFR, 1938-1943 Comp., p. 522.

1 Editorial note: The Procurement Division of the Treasury Department was renamed the Bureau of Federal Supply by Treasury Department order 73 of Nov. 19, 1946, effective Jan. 1, 1947. The Bureau of Federal Supply was abolished, and its functions transferred to the Administrator of General Services, by act of June 30, 1949 (63 Stat. 380, 40 U.S.C. 752).

2 Editorial note: The Post Office Department was reorganized as the United States Postal Service by Pub. L. 91-375 of Aug. 12, 1970 (84 Stat. 719, 39 U.S.C. 101 et seq.).

3 Editorial note: The Bureau of Mines was transferred to the Department of the Interior by Executive Order 6611 of Feb. 22, 1934.

4 Editorial note: The Office of National Parks, Buildings, and Reservations was renamed the National Park Service by act of Mar. 2, 1934 (48 Stat. 369).

5 Editorial note: The War Department was reorganized under the National Military Establishment by Title II of the act of July 26, 1947 (61 Stat. 499). The National Military Establishment was redesignated as the Department of Defense by act of Aug. 10, 1949 (63 Stat. 579, 5 U.S.C. 171).

6 Editorial note: Functions of the Bureau of Insular Affairs were transferred to the Division of Territories and Island Possessions of the Interior Department by Reorganization Plan II of 1939, 4 FR 2731, 3 CFR, 1938-1943 Comp., p. 1294, effective May 9, 1939.

7 Editorial note: Executive Order 6228 of July 28, 1933, reinterpreted the first paragraph of section 2 by providing a specific list of War Department cemeteries and parks to be transferred to the Department of the Interior. The transfer of national cemeteries other than those listed was postponed "until further order." Also, the provisions of the third sentence of the first paragraph were also postponed until further order.

Additionally, Executive Order 6614 of Feb. 26, 1934, contained the following provisions:

. . . it is ordered that so much of section 2 of Executive Order No. 6166 of June 10, 1933, as provides that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State be, and it is hereby, revoked.

It is further ordered that all functions of administration pertaining to national cemeteries and memorials located in Europe now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, be, and they are hereby, transferred from the War Department to the American Battle Monuments Commission.

The unexpended balances of appropriations and/or allotments of appropriations now, or which may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary, and any remaining balance shall, in accordance with law, be impounded and returned to the Treasury.

8 Editorial note: The Division of Internal Revenue, also known as the Bureau of Internal Revenue, was redesignated as the Internal Revenue Service by Treasury Department order 6038 of Aug. 21, 1953 (18 FR 5120).

9 Editorial note: The Division of Investigation was redesignated as the Federal Bureau of Investigation by act of Mar. 22, 1935 (49 Stat. 77, 28 U.S.C. 531 nt.).

10 Editorial note: Executive Order 6639 of Mar. 10, 1934, revoked Executive Order 6166 insofar as it was in conflict with the provisions of Executive Order 6639. Sec. 1(b) of Executive Order 6639 contains the following provisions:

The authority, rights, privileges, powers, and duties conferred and imposed upon the Attorney General by the act of May 27, 1930 (ch. 342, 46 Stat. 427), entitled "An Act to transfer to the Attorney General certain functions in the administration of the National Prohibition Act, to create a Bureau of Prohibition in the Department of Justice, and for other purposes," so far as they are required to, or may, be exercised and performed under existing law, are transferred to and shall be held, exercised, and performed by the Commissioner of Internal Revenue, and his assistants, agents, and inspectors, under the direction of the Secretary of the Treasury: Provided, That the Attorney General shall continue to exercise the power and authority (a) to remit or mitigate forfeitures under the Internal Revenue laws and to determine liability for Internal Revenue taxes and penalties, in connection with violations of the National Prohibition Act occurring prior to the repeal of the eighteenth amendment, and (b) to institute suits upon any cause of action under the National Prohibition Act or under the Internal Revenue laws involving a violation of the National Prohibition Act, arising prior to, and/or not affected by, the repeal of the eighteenth amendment, and to compromise any such cause of action before or after suit is brought: And provided further, That the Commissioner of Internal Revenue, subject to the approval of the Secretary of the Treasury, shall prescribe all regulations under the provisions of the National Prohibition Act, and all laws amendatory thereof or supplementary thereto, which were not rendered inoperative by the repeal of the eighteenth amendment, relating to permits, and he shall prescribe the form of all applications, bonds, permits, records, and reports under such acts.

11 Editorial note: The Office of the Solicitor of the Treasury was abolished by act of May 10, 1934 (48 Stat. 758), and functions transferred to the General Counsel, Department of the Treasury.

12 Editorial note: The act of June 30, 1906 (34 Stat. 814), which created the United States Court for China, was repealed by act of June 25, 1948 (62 Stat. 995).

13 Editorial note: Executive Order 6390 of Nov. 3, 1933, contains the following provisions:

(1) Upon the transfer from the War Department to the Department of Justice of the function of supervision over the District Court of the United States for the Panama Canal Zone, the said court and its personnel shall continue to receive the perquisites, privileges, and allowances to which they are now entitled and receiving, and the War Department shall continue to furnish, as heretofore, to the court and to its personnel all necessary (a) office quarters, equipment, and facilities, (b) library facilities, and (c) travel facilities, within the Canal Zone; and the War Department shall not require payment from the Department of Justice for such quarters, equipment, and facilities.

(2) The marshal for the Panama Canal Zone shall disburse all funds under the control of the Department of Justice required for the maintenance and operation of the said court and shall give bond for the faithful performance of his duties in such amount as may be fixed by the Attorney General.

(3) This order is not intended to supersede, or in anywise affect, section 4 of Executive Order No. 6166, of June 10, 1933, insofar as said section may become applicable hereto under the provisions of Executive Order No. 6224, of July 27, 1933.

(4) Except as provided in paragraph numbered (3), all prior Executive orders are hereby revoked insofar, and to such extent, as they may be in conflict or inconsistent with this order.

14 Editorial note: The Solicitor of the Department of Commerce was redesignated as the General Counsel, Department of Commerce, by act of July 17, 1952 (66 Stat. 758, 15 U.S.C. 1508 nt.).

15 Editorial note: Executive Order 6639 of Mar. 10, 1934, revoked Executive Order 6166 insofar as it was in conflict with the provisions of Executive Order 6639. Secs. 1(a), 2(a), and 3(a) of Executive Order 6639 contain the following provisions:

1(a). The Bureau of Industrial Alcohol and the Office of Commissioner of Industrial Alcohol are abolished, and the authority, rights, privileges, powers, and duties conferred and imposed by law upon the Commissioner of Industrial Alcohol are transferred to and shall be held, exercised, and performed by the Commissioner of Internal Revenue, and his assistants, agents, and inspectors, under the direction of the Secretary of the Treasury.

2(a). The official records and papers on file in, and pertaining to the business of, the Bureau of Industrial Alcohol, together with the supplies, furniture, equipment, and other property of the United States in use in such Bureau, are transferred to the Bureau of Internal Revenue.

3(a). The officers and employees employed in, or under the jurisdiction of, the Bureau of Industrial Alcohol, are transferred to the Bureau of Internal Revenue, without change in classification or compensation.

16 Editorial note: The act of Aug. 28, 1935 (49 Stat. 956), which required annual compilation and publication of the Official Register, was repealed by act of July 12, 1960 (74 Stat. 427), and the last Register was published in 1959.

17 Editorial note: The Civil Service Commission was redesignated as the Merit Systems Protection Board by Reorganization Plan No. 2 of 1978, 43 FR 36037, 3 CFR, 1978 Comp., p. 323, effective Jan. 1, 1979.

18 Editorial note: The United States Shipping Board Merchant Fleet Corporation was abolished by act of June 29, 1936 (49 Stat. 1987), and its functions were transferred to the United States Maritime Commission.

19 Editorial note: The Immigration and Naturalization Service was transferred to the Department of Justice by Reorganization Plan No. V of 1940, 5 FR 2223, 3 CFR, 1938-1943 Comp., p. 1304, effective June 14, 1940.

20 Editorial note: The Federal Board for Vocational Education was abolished by Reorganization Plan No. 2 of 1946, 11 FR 7873, 3 CFR, 1943-1948 Comp., p. 1064, effective July 16, 1946.

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  • EXECUTIVE ORDER 6102

  • The Gold Confiscation Of April 5, 1933

    From: President of the United States Franklin Delano Roosevelt

    To: The United States Congress

    Dated: 5 April, 1933

    Presidential Executive Order 6102

    Forbidding the Hoarding of Gold Coin, Gold Bullion and Gold Certificates By virtue of the authority vested in me by Section 5(b) of the Act of October 6, 1917, as amended by Section 2 of the Act of March 9, 1933, entitled

    An Act to provide relief in the existing national emergency in banking, and for other purposes~',

    in which amendatory Act Congress declared that a serious emergency exists,

    I, Franklin D. Roosevelt, President of the United States of America, do declare that said national emergency still continues to exist and pursuant to said section to do hereby prohibit the hoarding gold coin, gold bullion, and gold certificates within the continental United States by individuals, partnerships, associations and corporations and hereby prescribe the following regulations for carrying out the purposes of the order:

    Section 1. For the purpose of this regulation, the term 'hoarding" means the withdrawal and withholding of gold coin, gold bullion, and gold certificates from the recognized and customary channels of trade. The term "person" means any individual, partnership, association or corporation.

    Section 2. All persons are hereby required to deliver on or before May 1, 1933, to a Federal Reserve bank or a branch or agency thereof or to any member bank of the Federal Reserve System all gold coin, gold bullion, and gold certificates now owned by them or coming into their ownership on or before April 28, 1933, except the following:

    (a) Such amount of gold as may be required for legitimate and customary use in industry, profession or art within a reasonable time, including gold prior to refining and stocks of gold in reasonable amounts for the usual trade requirements of owners mining and refining such gold.

    (b) Gold coin and gold certificates in an amount not exceeding in the aggregate $100.00 belonging to any one person; and gold coins having recognized special value to collectors of rare and unusual coins.

    (c) Gold coin and bullion earmarked or held in trust for a recognized foreign government or foreign central bank or the Bank for International Settlements.

    (d) Gold coin and bullion licensed for the other proper transactions (not involving hoarding) including gold coin and gold bullion imported for the re-export or held pending action on applications for export license.

    Section 3. Until otherwise ordered any person becoming the owner of any gold coin, gold bullion, and gold certificates after April 28, 1933, shall within three days after receipt thereof, deliver the same in the manner prescribed in Section 2; unless such gold coin, gold bullion, and gold certificates are held for any of the purposes specified in paragraphs (a),(b) or (c) of Section 2; or unless such gold coin, gold bullion is held for purposes specified in paragraph (d) of Section 2 and the person holding it is, with respect to such gold coin or bullion, a licensee or applicant for license pending action thereon.

    Section 4. Upon receipt of gold coin, gold bullion, or gold certificates delivered to it in accordance with Section 2 or 3, the Federal reserve bank or member bank will pay thereof an equivalent amount of any other form of coin or currency coined or issued under the laws of the Unites States.

    Section 5. Member banks shall deliver alt gold coin, gold bullion, and gold certificates owned or received by them (other than as exempted under the provisions of Section 2) to the Federal reserve banks of there respective districts and receive credit or payment thereof.

    Section 6. The Secretary of the Treasury, out of the sum made available to the President by Section 501 of the Act of March 9, 1933, will in all proper cases pay the reasonable costs of transportation of gold coin, gold bullion, and gold certificates delivered to a member bank or Federal reserve bank in accordance with Sections 2, 3, or 5 hereof, including the cost of insurance, protection, and such other incidental costs as may be necessary, upon production of satisfactory evidence of such costs. Voucher forms for this purpose may be procured from Federal reserve banks.

    Section 7. In cases where the delivery of gold coin, gold bullion, or gold certificates by the owners thereof within the time set forth above will involve extraordinary hardship or difficulty, the Secretary of the Treasury may, in his discretion, extend the time within which such delivery must be made. Applications for such extensions must be made in writing under oath; addressed to the Secretary of the Treasury and filed with a Federal reserve bank. Each applications must state the date to which the extension is desired, the amount and location of the gold coin, gold bullion, and gold certificates in respect of which such application is made and the facts showing extension to be necessary to avoid extraordinary hardship or difficulty.

    Section 8. The Secretary of the Treasury is hereby authorized and empowered to issue such further regulations as he may deem necessary to carry the purposes of this order and to issue licenses there under, through such officers or agencies as he may designate, including licenses permitting the Federal reserve banks and member banks of the Federal Reserve System, in return for an equivalent amount of other coin, currency or credit, to deliver, earmark or hold in trust gold coin or bullion to or for persons showing the need for same for any of the purposes specified in paragraphs (a), (c), and (d) of Section 2 of these regulations.

    Section 9. Whoever willfully violates any provision of this Executive Order or these regulation or of any rule, regulation or license issued there under may be fined not more than $10,000, or,if a natural person may be imprisoned for not more than ten years or both; and any officer, director, or agent of any corporation who knowingly participates in any such violation may be punished by a like fine, imprisonment, or both.

    This order and these regulations may be modified or revoked at any time.

    /s/

    Franklin D. Roosevelt

    President of the United States of America

    April 5, 1933

 

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