The President by Order Establishes a Mili- tary Commission to Try Eight Captured German Saboteurs and Issues a Proclamation Denying Certain Enemies Access to the courts. Proclama- tion No. 2561. July 2, 1942 The Military Order: By virtue of the authority vested in me as President and as Commander in Chief of the Army and Navy, under the Constitu- tion and statutes of the United States, and more particularly the Thirty-eighth article of War (U.S.C. Title 10, Sec. 1509), I, Franklin Delano Roosevelt, do herby appoint as a Military Com- mission the following persons: Major General Frank R. McCoy, President Major General Walter S. Grant Major General Blanton Winship Major General Lorenzo D. Gasser Brigadier General Guy V. Henry Brigadier General John T. Lewis Brigadier General John T. Kennedy The prosecution shall be conducted by the Attorney General and the Judge Advocate General. The defense counsel shall be Colonel Cassius M. Dowell and Colonel Kenneth Royall. The Military Commission shall meet in Washington, D.C., on July 8th 1942 or as soon thereafter as is practicable, to try for offenses against the Law of War and the Articles of War, the following persons: Ernst Peter Burger George John Dasch Herbert Hans Haupt Henry Harm Heinck Edward John Kerling Hermann Otto Neubauer Richard Quirin Werner Thiel The Commission shall have power to and shall as occasion requires, make such rules for the conduct of the proceedings, consistent with the powers of Military Commissions under the Articles of War, as it shall deem necessary for a full and fair trial of the matters before it. Such evidence shall be admitted as would, in the opinion of the President of the Commission, have probative value to a reasonable man. The concurrence of at least two-thirds of the Members of the Commission present shall be necessary for a conviction or sentence. The record of the trial in- cluding any judgment or sentence shall be transmitted directly to me for my action thereon. The Proclamation: WHEREAS, the safety of the United States demands that all enemies who have entered upon the territory of the United States as part of an invasion or predatory incursion, or who have entered in order to commit sabotage, espionage, or other hostile or warlike acts, should be promptly tried in accordance with the Law of War; Now, THEREFORE, I, Franklin D. Roosevelt, President of the United States of America and Commander in Chief of the Army and Navy of the United States, by virtue of the authority vested in me by the Constitution and the statutes of the United States do hereby proclaim that all persons who are subjects, citizens, or residents of any Nation at war with the United States or who give obedience to or act under the direction of any such Nation and who during time of war enter or attempt to enter the United States or any territory or possession thereof, through coastal or boundary defenses, and are charged with committing or attempt- ing or preparing to commit sabotage, espionage, hostile or war- like acts, or violations of the law or war, shall be subject to the law of war and to the jurisdiction of military tribunals; and that such persons shall not be privileged to seek any remedy or main- tain any proceeding, directly or indirectly, or to have any such remedy or proceeding sought on their behalf, in the courts of the United States, or of its States, territories, and possessions, except under such regulations as the Attorney General, with the approval of the Secretary of War, may from time to time pre- scribe. Source: Roosevelt, Franklin D. The Public Papers and Addresses of Franklin D. Roosevelt, Compiled With Special Material and Explanatory Notes by Samuel I. Rosenman. Vol. 11, 1942 Humanity on the Defensive. New York: Harper and Brothers Publishers.