PUERTO RICO Whereas section 7 of the act of Congress approved March 2, 1917 (39 Stat. 951, 954), entitled "An Act To provide a civil government for Porto Rico, and for other purposes", provides, in part, "That the President may from time to time, in his discretion, convey to the people of Porto Rico such lands, buildings, or interests in lands or other property now owned by the United States and within the territorial limits of Porto Rico, as in his opinion are no longer needed for the purposes of the United States"; and Whereas it appears that certain portions of the reservations heretofore set apart for military or naval purposes within the municipality of San Juan, Puerto Rico, are no longer needed for the purposes of the United States; and Whereas such lands are desired by the people of Puerto Rico and may be advantageously used by them: Now, Therefore, I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1. A parcel of land reserved for the use of the Marine Hospital service by proclamation of the President of June 30, 1908, lying next west of the north and south line of the eastern boundary line of the military reservation west of the first line of defense, near San Antonio bridge, running three hundred feet front east and west along the so-called military road and extending towards the north to the old stone ditch defense, containing an area of three and ninety-four one-hundredths acres, and under the jurisdiction and control of the Treasury Department; the said parcel being the remaining part of the Marine Hospital Reservation, a portion of which was transferred to the people of Puerto Rico for highway purposes by proclamation of the President No. 1807 of June 11, 1927. 2. A parcel of the land described in the proclamation of the President No. 1970 of September 15, 1931, which remained under the jurisdiction and control of the Department of the Navy after certain reserved lands were set apart for the uses of other executive departments by proclamation of the President No. 1177 of January 26, 1912, said parcel being more particularly described as follows: Beginning at a point in the northerly line of the military road as relocated from which point numbered 84 on the old military road as shown on the military chart of the military reservation of San Juan, bears N. 23°29' E. 3.72 meters; thence, from the said initial point, by metes and bounds, always by the northerly line of the old military road, the following courses: S. 66°9'30" E. 32.43 meters to a point; S. 65°57'40" E. 31.01 meters to a point; S. 67°15'30" E. 22.68 meters to a point; S. 65°23'20" E. 14.48 meters to a point; S. 60°22' E. 12.21 meters to a point; S. 59°24'10" E. 16.61 meters to a point; S. 52°34'20" E. 11.39 meters to a point; S. 43°7' E. 14.44 meters to a point; S. 34°5'50" E. 14.22 meters to a point; S. 32°5'40" E. 6.31 meters to a point; N. 86°49'40'' E. 2.25 meters to a point at the northwesterly corner of an old fortification wall; thence N. 86°49'40" E. 3.43 meters to a point at the northeasterly corner of the said wall; thence along the easterly face of the said fortification wall the following two courses: S. 6°35' E. 59.22 meters to a point; S. 5°51' E. 93.49 meters to a point; S. 84°6, E. 6.85 meters, crossing the said old fortification wall and old military road to the point of beginning of a curve with a radius of 310 meters in the northeasterly line of the aforementioned military road as relocated; thence in a general northwesterly direction along the said curve, coinciding with the said northeasterly line of road as relocated, the following four courses: On said curve, with a radius of 310 meters, 80.02 meters along the curve, the chord of which bears N. 13°13' W. 79.81 meters; Continuing on the said curve, 82.98 meters along the curve, the chord of which bears N. 28°17' W. 82.74 meters; Continuing on the said curve, 80.02 meters along the curve, the chord of which bears N. 43°21' W. 79.81 meters; Continuing on the said curve, 60.05 meters along the curve, the chord of which bears N. 56°18' W. 59.96 meters to the place of beginning; containing in area 1.549 acres. FRANKLIN D. ROOSEVELT The White House, March 31, 1938.
Executive Order 7857—Transferring to the People of Puerto Rico Certain Lands No Longer Needed for the Purposes of the United States
Executive Brief • At a Glance
I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on March 31, 1938, this order concerns Transferring to the People of Puerto Rico Certain Lands No Longer Needed for the Purposes of the United States. I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1.
Key Directives & Operative Actions
I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1.
A parcel of land reserved for the use of the Marine Hospital service by proclamation of the President of June 30, 1908, lying next west of the north and south line of the eastern boundary line of the military reservation west of the first line of defense, near San Antonio bridge, running three hundred feet front east and west along the so-called military road and extending towards the north to the old stone ditch defense, containing an area of three and ninety-four one-hundredths acres, and under the jurisdiction and control of the Treasury Department; the said parcel being the remaining part of the Marine Hospital Reservation, a portion of which was transferred to the people of Puerto Rico for highway purposes by proclamation of the…
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 7857 (Mar. 31, 1938), https://executiveordersarchive.org/orders/app-executive-order-7857-transferring-the-people-puerto-rico-certain-lands-no-longer-needed.