“On May 7 President Eisenhower issued Executive Order 10816 amending an earlier order regarding the treatment of official documents. This order was generally treated in the press as a liberalization of existing procedures, and we have no doubt that this was the intention of its promulgators. “However, in our view, the order proceeds in the wrong direction. We fear that its consequence will be not to liberate the historian for the writing of independent history but to entangle him in a series of potentially compromising relations with the subject of his researches--in this case, the Government. “The new Executive Order lays down three prerequisites before a student is permitted to consult classified defense information in the writing of history. “First, the head of the agency must rule that access to these records is ‘clearly consistent with the interests of national defense.’ Second, the historian himself must be determined to be ‘trustworthy’--a phrase which could be interpreted as requiring security clearance. Third, his manuscript must be cleared. “The enforcement of these three prerequisites will plainly make it difficult for the most undaunted of historians to exercise the free and unfettered critical judgment which is the heart of the historical enterprise. And, under prejudiced or incompetent administration, this Executive Order could easily result in the restriction of such official records to those historians prepared to accept and defend official views.” (_New York Times_, October 25, 1959.) [434] 48 Stat. 58, May 18, 1933. [435] 64 Stat. 798, September 8, 1950, Sec. 102. [436] 54 Stat. 714, July 2, 1940, Sec. 5 (a). [437] Proclamation No. 2497, 55 Stat. 1657, July 17, 1941. [438] 52 Stat. 631, June 8, 1938, Sec. 4. [439] 61 Stat. 136, June 23, 1947, Sec. 208. [440] _Id._ [441] 62 Stat. 21, February 19, 1948, Sec. 2 (b) (c). [442] 67 Stat. 230, July 30, 1953, Sec. 207 (e). [443] 64 Stat. 1245, January 12, 1951, Sec. 201 (f). [444] 65 Stat. 293, September 1, 1951, Sec. 3 (a). [445] 67 Stat. 417, August 7, 1953, Sec. 4. [446] 48 Stat. 1, March 9, 1933, Sec. 203. [447] The trend is discussed at length in the section on the “Legislative Veto,” below. [448] 54 Stat. 670, June 28, 1940, Sec. 20. [449] _Id._ [450] 48 Stat. 943, June 12, 1934, Sec. 4. [451] 56 Stat. 23, January 30, 1942, Sec. 2 (a). [452] 48 Stat. 211, June 16, 1933, Sec. 8. [453] _Id._ [454] _Id._, Sec. 9. SUPPRESSION OF INFORMATION BY THE GOVERNMENT. [455] 56 Stat. 351, June 11, 1942, Sec. 12. See the similar provision in the R.F.C. Liquidation Act, 67 Stat. 230, July 30, 1953, Sec. 217 (b). [456] 62 Stat. 1231, July 2, 1948, Sec. 3 (c). [457] 67 Stat. 23, April 1953, Sec. 5. [458] 48 Stat. 1064, June 19, 1934, Sec. 4 (f). [459] 55 Stat. 31, March 11, 1941, Sec. 5 (a). [460] 56 Stat. 19, January 26, 1942. [461] 65 Stat. 373, October 10, 1951, Section 518. [462] 58 Stat. 723, July 3, 1944. [463] _Id._ [464] 49 Stat. 1277, May 15, 1936.