Proclamation 2714: Cessation of Hostilities of World War II (12-31-46)

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PROCLAMATION 2714
Cessation of Hostilities of World War II

By the President of the United States of America

For Immediate Release
Office of the Press Secretary
December 31, 1946

With God’s help this nation and our allies, through sacrifice and devotion, courage and perseverance, wrung final and unconditional surrender from our enemies. Thereafter, we, together with the other United Nations, set about building a world in which justice shall replace force. With spirit, through faith, with a determination that there shall be no more wars of aggression calculated to enslave the peoples of the world and destroy their civilization, and with the guidance of Almighty Providence great gains have been made in translating military victory into permanent peace. Although a state of war still exists, it is at this time possible to declare, and I find it to be in the public interest to declare, that hostilities have terminated.

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the cessation of hostilities of World War II, effective twelve o’clock noon, December 31, 1946.

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 thirty-first day of December in the year of our Lord nineteen hundred and forty-six, and of the Independence of the United States of America the one hundred and seventy-first.

HARRY S. TRUMAN

By the President:
JAMES F. BYRNES
The Secretary of State

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The President’s News Conference
December 31, 1946, 10:30 a.m. EST

THE PRESIDENT: Gentlemen, I want to read you a proclamation-- a statement on a proclamation; and when I get through reading that statement and proclamation, and a list of things affected by the proclamation, it will be handed to you.

[Reading:] “I have today issued a proclamation terminating the period of hostilities of World War II, as of 12 o’clock noon today, December 31, 1946.

“Under the law, a number of war and emergency statutes cease to be effective upon the issuance of this proclamation. It is my belief that the time has come when such a declaration can properly be made, and that it is in the public interest to make it. Most of the powers affected by the proclamation need no longer be exercised by the executive branch of the Government. This is entirely in keeping with the policies which I have consistently followed in an effort to bring our economy and our Government back to a peacetime basis as quickly as possible.

“The proclamation terminates Government powers under some twenty statutes immediately upon its issuance. It terminates Government powers under some thirty-three other – at a later – others at a later date, generally at the end of six months from the date of the proclamation. This follows as a result of provisions made by the Congress when the legislation was originally passed. In a few instances the statutes affected by the proclamation give the Government certain powers which, in my opinion, are desirable in peacetime, or for the remainder of the period of reconversion. In these instances, recommendations will be made to the Congress for additional legislation.

“It should be noted that the proclamation does not terminate the states of emergency declared by President Roosevelt on September 8, 1939, and May 27, 1941. Nor does today’s action have the effect of terminating the state of war itself. It terminates merely the period of hostilities. With respect to the termination of the national emergency, and the state of war, I shall make recommendations to the Congress in the near future.”

Ladies and gentlemen, I just want to wish you a Happy New Year, and hope you will enjoy it, and that we will see you again maybe about Thursday afternoon at 4 o’clock. I suppose you will be awake by then. [Laughter]

Q: Mr. President, can we ask you a few questions about this?

THE PRESIDENT: I don’t think it’s necessary. The proclamation and the laws affected will be handed to you in mimeographed form, and I think everything will be answered that I could possibly answer, but–

Q: Just one question–

THE PRESIDENT: --I never want to refuse to answer questions, of course.

Q: – to see if it’s covered in this. Does this terminate the Smith-Connally Act?

THE PRESIDENT: I think it does.

ATTORNEY GENERAL CLARK: Six months.

THE PRESIDENT: This is one of the six-month laws.

ATTORNEY GENERAL CLARK: All covered by this law.

THE PRESIDENT: All covered by this law, which I have read, and it is hard to remember every one of those 53 laws. And I have read it two or-- twice, but you will get more accurate answers out of the thing if you will just read the mimeographed–

Q: Mr. President, one more thing, because we will probably have to start dictating on our statements before we can read the mimeographed–

THE PRESIDENT: All right.

Q: This terminates the period of hostilities. It doesn’t – this is not the termination of the emergency–

THE PRESIDENT: No. The emergencies are not terminated. They will have to be terminated by legislation.

Q: Is this what we have been talking about when we spoke of the formal end of the war?

THE PRESIDENT: Yes – I think it is.

Q: This was established, sir, by what–

THE PRESIDENT: By the laws themselves.

Q: As outlined in the period of hostilities?

THE PRESIDENT: Yes, most of these laws use that. They would terminate with the proclamation at the end of hostilities or six months after the end of hostilities. Now termination of the emergency and the termination of the war has to be made by the Congress itself – by legislation.

Q: Mr. President, would it be the formal termination of the war itself then?

THE PRESIDENT: I think Congress passes the law. I think that that is the case.

Q: Not today-- not today’s action?

THE PRESIDENT: Not today’s action.

Q: This terminates–

THE PRESIDENT: This terminates the period of hostilities and terminates the 53 laws which are affected specifically by the Congress under that.

Q: Mr. President, is this the beginning of your cooperation with the new Congress? They have been trying to do this – they have been talking about it.

THE PRESIDENT: Well, yes – this is in cooperation with the Congress.

Q: Mr. President, will this have any effect on the combined Anglo-American Chiefs of Staff at this point?

THE PRESIDENT: No.

Q: That will be continued?

THE PRESIDENT: That goes on for six months at least after the issuance of this proclamation.

Q: Mr. President, is this for the duration and six months?

THE PRESIDENT: Duration will be at the end of six months, won’t it? [Laughter]

Q: Mr. President–

REPORTER: Thank you, Mr. President.

THE PRESIDENT: Let the lady ask her question.

Q: The state of war will have to be terminated by Congress, Mr. President?

THE PRESIDENT: By Congress. The emergency has to be terminated by Congress. Happy New Year to you all!

REPORTERS: Happy New Year!

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The Evening Star (December 31, 1946)

Period of hostilities terminated by Truman, ending 18 wartime laws and limiting 33 others

Action due later on states of war and emergency
By Joseph A. Fox

President Truman proclaimed the end of hostilities of World War II at noon today, thereby wiping out immediately 18 wartime statutes and limiting the life of 33 others.

The presidential proclamation did not terminate the state of war itself nor the states of emergency declared by President Roosevelt on September 8, 1939, and May 27, 1941. Action on these will await further recommendations to Congress by the president, and then their fate will be up to Senate and House.

The president said in a statement that his recommendations would go forward to Capitol Hill “in the near future.”

Seizure powers voided

The seizure provisions of the Smith-Connally Act under which the government took over and operated strikebound war agencies were voided immediately under the presidential proclamation, but it does not affect operation of industries presently held, notably the soft coal mines, which can remain under government control as much as six months longer.

The presidential proclamation terminated the crop-support program as of December 31, 1948. There is a two-year life provision in that act which would have extended it to December 31, 1949, had the president’s proclamation been deferred until the new year.

Some powers unaffected

Mr. Truman’s action does not affect many other war powers. There are more than 500 emergency laws. Some say they are to end with the “end of the war” or within some specified time thereafter. Others say they are effective for the duration of the “emergency.”

Thus, the “period of hostilities” as used by Mr. Truman is largely a technical matter turning on language used in each statute. He took recognition of this by saying he was not proclaiming the war ended, or the officially-declared emergency over.

Consequently, the laws based on the duration of the “emergency” or the “war” are not affected.

Draft law unaffected

The basic Selective Service Act originally was hitched to the termination of hostilities but when it was extended last June, Congress specified provisions for drafting men would continue until March 31, 1947, or such earlier date as Congress might specify in a concurrent resolution of both houses.

Selective Service officials said they were still studying the effect of today’s action to see if inductions are affected but they were “fairly certain” drafting could continue because of the wording of the Draft Extension Act.

But many statutes affecting the Army and Navy are affected one is a law which exempted the War and Navy Departments from general restrictions on the number of civilian employees they may have.

There were indications at the Pentagon that the War Department was somewhat surprised at the sudden announcement.

Army officials confer

It touched off a series of top-level conferences at the Army headquarters to see how much of the huge machinery under which the Army operated for more than five years would need resetting for peacetime operation. Pending results from these first meetings, Army officials withheld comment.

The Navy hastened to note that in its opinion the service of naval reserve officers would not be affected. Reserve officers were on duty for the duration of the emergency plus six months.

The president told a questioner during the session at which he made public the proclamation that the Combined Chiefs of Staff, set up during the wartime to direct the military effort, would continue for six months longer during it.

One of the other laws which will automatically die six months from today unless Congress acts is the law under which wartime leases or silver held or owned by the United States is permitted.

The president made public his proclamation, a list of the statutes affected and an explanatory statement at a hastily-summoned press conference at 10:30 this morning.

Period of cooperation

A reporter asked the president if this step today marked the beginning of his period of cooperation with the Republican Congress in view of the fact that calls had come from various quarters on Capitol Hill to abandon the government’s wartime powers.

Mr. Truman responded that it might be thus construed.

One point was obvious: By acting now, Mr. Truman was putting pressure on the new Republican-dominated Congress to speed consideration of just what emergency powers it wishes to preserve for the government.

He said he would send Congress recommendations on powers which should be continued in peacetime.

Some Republicans have talked of repealing all quickly. Sen. Wiley (R-Wisconsin), appointed by Senate Republicans to make a study of the matter, reported yesterday that he found it an extremely complex subject and that chaos might follow a sweeping repealer.

Supported by Wiley

Commenting on the president’s move, Sen. Wiley told a reporter he had no criticism “and in fact I think we should approve it.”

“It certainly relieves the legislative branch of this responsibility if it is the judgment of the president and his advisers that these statutes should go out the window,” he added.

At the same time Sen. Wiley said he thought the public should keep in mind that Mr. Truman’s proclamation affects only laws that are tied in with the phrase “termination of hostilities.”

Sen. Wiley added: “He did not, in his proclamation, affect that large field of statute law that relates to termination of the war, or controls that came into being under the proclamation of a limited national emergency, on September 8, 1939, and the proclamation of an unlimited national emergency on May 27, 1941.”

The time has come, Mr. Truman said at one point during an exchange with reporters, when the executive branch should give up some of the powers exercised during the war.