Digital History>eXplorations>Japanese American Internment>The Decision to Intern>Attorney General Francis Biddle to Secretary of War Henry L. Stimson
Attorney
General Francis Biddle to Secretary of War Henry L. Stimson
February 12, 1942
The
question of whether or not Japanese should be evacuated, whether
citizens or not, necessarily involves a judgment based on military
considerations. This, of course, is the responsibility of the
Army. I have no doubt that the Army can legally, at any time,
evacuate all persons in a specified territory if such action is
deemed essential from a military point of view for the defense
and protection of the area. No legal problems arise when Japanese
citizens are evacuated; but American citizens of Japanese origin
could not, in my opinion, be singled out of an area and evacuated
with the other Japanese. However the result might be accomplished
by evacuating all persons in the area and then licensing back
those whom the military authorities thought were not objectionable
from a military point of view. These suggestions are made to you
for your careful consideration in view of your prior recommendations
and of the probable necessity of your taking further vigorous
action.
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