Chapter XV

, Sections 5 and 6, on the Gestapo, SS, and SD)

F. _The Nazi conspirators permitted organizations and individuals to carry out this system of terror without restraint of law._

(1) _Acts of the Gestapo were not subject to review by the courts._ In 1935 the Prussian Supreme Court of Administration held that the orders of the Gestapo were not subject to judicial review; and that the accused person could appeal only to the next higher authority within the State Police itself. (_2347-PS_)

In 1936 a law was passed concerning The Gestapo in Prussia which provided that orders in matters of the Gestapo were not subject to review of the Administrative Courts. (_2107-PS_)

On the same subject, the following article appeared in the official German Lawyer’s Journal, 1935.

“Once again the court had to decide on the question of whether political measures could be subjected to the review of the ordinary courts. * * * The case in question concerned the official performance of his duty by an official of the NSDAP. * * * The principle of the importance and the mission of the Party and its ‘Sovereign Functionaires’ cannot be overlooked. Therefore, the plaintiff should have been denied the right to be in court.” (_2491-PS_)

(2) _Where no definite law protected terroristic acts of Nazi conspirators and their accomplices, proceedings against them were in the first instance suppressed or thereafter their acts were pardoned._ In 1935, proceedings against an employee of the Gestapo accused of torturing, beating, and killing of inmates of a concentration camp were suppressed (_787-PS_; _788-PS_). In June 1935 twenty-three SA members and policemen convicted of the beating and murder of inmates of the Hohnstein concentration camp were pardoned (_786-PS_). The prosecutor was forced to resign from the SA. (_784-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO PURGE OF POLITICAL OPPONENTS AND TERRORIZATION

Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6, especially 6 (a).│ I │ 5 │ │ │ │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (D) 3 │ │ │ (b). │ I │ 19 │ ————— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document was│ │ │received in evidence at the Nurnberg │ │ │trial. A double asterisk (**) before a │ │ │document number indicates that the │ │ │document as referred to during the trial│ │ │but was not formally received in │ │ │evidence, for the reason given in │ │ │parentheses following the description of│ │ │the document. The USA series number, │ │ │given in parentheses following the │ │ │description of the document, is the │ │ │official exhibit number assigned by the │ │ │court. │ │ │ ————— │ │ *784-PS │Letters from Minister of Justice to Hess│ │ │and SA Chief of Staff, 5 June 1935, │ │ │concerning penal proceedings against │ │ │merchant and SA leader and 22 companions│ │ │because of inflicting bodily injury on │ │ │duty. (USA 732) │ III │ 559 │ │ │ *786-PS │Minister of Justice memorandum, 29 │ │ │November 1935, concerning pardon of │ │ │those sentenced in connection with │ │ │mistreatment in Hohnstein concentration │ │ │camp. (USA 734) │ III │ 568 │ │ │ *787-PS │Memorandum to Hitler from Public │ │ │Prosecutor of Dresden, 18 June 1935, │ │ │concerning criminal procedure against │ │ │Vogel on account of bodily injury while │ │ │in office. (USA 421) │ III │ 568 │ │ │ *788-PS │Letters from Secretary of State to the │ │ │Minister of Justice, 25 June 1935 and 9 │ │ │September 1935, concerning criminal │ │ │procedure against Vogel. (USA 735) │ III │ 571 │ │ │ 1388-PS │Law concerning confiscation of Property │ │ │subversive to People and State, 14 July │ │ │1933. 1933 Reichsgesetzblatt, Part I, p.│ │ │479. │ III │ 962 │ │ │ 1390-PS │Decree of the Reich President for the │ │ │Protection of the People and State, 28 │ │ │February 1933. 1933 Reichsgesetzblatt, │ │ │Part I, p. 83. │ III │ 968 │ │ │ 1393-PS │Law on treacherous attacks against State│ │ │and Party, and for the Protection of │ │ │Party Uniforms, 20 December 1934. 1934 │ │ │Reichsgesetzblatt, Part I, p. 1269. │ III │ 973 │ │ │ 1430-PS │Compilation of Leading Men of the System│ │ │Era, June 1939. │ IV │ 15 │ │ │ 1652-PS │Decree of the Reich President for │ │ │protection against treacherous attacks │ │ │on the government of the Nationalist │ │ │movement, 21 March 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 135. │ IV │ 160 │ │ │ *1669-PS │Correspondence between Dr. Haushofer and│ │ │Hess, 24 and 28 August 1933. (USA 741) │ IV │ 184 │ │ │ *1759-PS │Affidavit of Raymond H. Geist. (USA 420)│ IV │ 288 │ │ │ *1852-PS │“Law” from The German Police, 1941, by │ │ │Dr. Werner Best. (USA 449). (See Chart │ │ │No. 16) │ IV │ 490 │ │ │ *1856-PS │Extract from book entitled “Hermann │ │ │Goering—Speeches and Essays”, 3rd │ │ │edition 1939, p. 27. (USA 437) │ IV │ 496 │ │ │ *1857-PS │Announcement of creation of SS as │ │ │independent formation of NSDAP. │ │ │Voelkischer Beobachter, 26 July 1934, p.│ │ │1. (USA 412) │ IV │ 496 │ │ │ 1956-PS │Meaning and Tasks of the Secret State │ │ │Police, published in The Archives, │ │ │January 1936, Vol. 22-24, p. 1342. │ IV │ 598 │ │ │ 1962-PS │Law to change the Penal Code of 28 June │ │ │1935. 1935 Reichsgesetzblatt, Part I, p.│ │ │839. │ IV │ 600 │ │ │ 2057-PS │Law relating to National Emergency │ │ │Defense Measures of 3 July 1934. 1934 │ │ │Reichsgesetzblatt, Part I, p. 529. │ IV │ 699 │ │ │ 2107-PS │Law on Secret State Police of 10 │ │ │February 1936. 1936 Preussiche │ │ │Gesetzsammlung, pp. 21-22. │ IV │ 732 │ │ │ 2344-PS │Reconstruction of a Nation by Goering, │ │ │1934, p. 89. │ IV │ 1065 │ │ │ 2347-PS │Court decisions from 1935 │ │ │Reichsverwaltungsblatt, Vol. 56, pp. │ │ │577-578, 20 July 1935. │ IV │ 1066 │ │ │ *2386-PS │Joint affidavit of George S. Messersmith│ │ │and Raymond H. Geist, 29 August 1945. │ │ │(USA 750) │ V │ 39 │ │ │ *2460-PS │Affidavit of Rudolf Diels. (USA 751) │ V │ 205 │ │ │ *2472-PS │Affidavit of Rudolf Diels, 31 October │ │ │1945. (USA 752) │ V │ 224 │ │ │ 2491-PS │Extract from Legal Review, published │ │ │Lawyers’ Journal, 1935. │ V │ 235 │ │ │ 2494-PS │Prime Minister Goering’s Press │ │ │Conference, published in Voelkischer │ │ │Beobachter, Berlin edition, 23-24 July │ │ │1933, p. 1. │ V │ 236 │ │ │ 2496-PS │Extract from Goering’s address to Public│ │ │Prosecutors of Prussia on 12 July 1934 │ │ │from the Archive, 1934, Vols. IV-VI, p. │ │ │495. │ V │ 236 │ │ │ *2499-PS │Original Protective Custody Order served│ │ │on Dr. R. Kempner, 15 March 1935. (USA │ │ │232) │ V │ 236 │ │ │ 2533-PS │Extract from article “Legislation and │ │ │Judiciary in the Third Reich”, from │ │ │Journal of the Academy for German Law, │ │ │1936, pp. 141-142. │ V │ 277 │ │ │ 2543-PS │Extract from The Mission of the SS, │ │ │published in The National Socialist │ │ │Magazine, Issue 46, January 1934. │ V │ 288 │ │ │ *2544-PS │Affidavit of Rudolf Diels, former │ │ │Superior Government Counsellor of the │ │ │Police Division of the Prussian Ministry│ │ │of the Interior. (USA 753) │ V │ 288 │ │ │ 2545-PS │Extract from Hitler’s cleaning up act in│ │ │Reich, published in Voelkischer │ │ │Beobachter, Berlin edition, No. 182-183,│ │ │1-2 July 1934, p. 1. │ V │ 290 │ │ │ 2548-PS │Law about changing rules of Criminal Law│ │ │and Criminal Procedure of 24 April 1934.│ │ │1934 Reichsgesetzblatt, Part I, p. 34. │ V │ 291 │ │ │ 2549-PS │Extract from “Germany’s Road to Freedom”│ │ │as published in Documents of German │ │ │Politics, Vol. 3. │ V │ 292 │ │ │ 2550-PS │Law on modification of rules of general │ │ │criminal procedure, 16 September 1939. │ │ │1939 Reichsgesetzblatt, Part I, p. 1841.│ V │ 293 │ │ │ 2552-PS │Excerpt concerning criminals, published │ │ │in Journal of the Academy for German │ │ │Law. No. 3. March 1935. │ V │ 293 │ │ │ 2554-PS │Law concerning adjudication and │ │ │execution of the death penalties of 29 │ │ │March 1933. 1933 Reichsgesetzblatt, Part│ │ │I, p. 151. │ V │ 294 │ │ │ 2572-PS │Hitler’s speech to the Reichstag on 13 │ │ │July 1934, printed in The Third Reich, │ │ │Vol. II, p. 247. │ V │ 302 │ │ │ *2614-PS │Affidavit of Dr. Wilhelm Hoettl, 5 │ │ │November 1945. (USA 918) │ V │ 337 │ │ │ 2639-PS │Ordinances of the Deputy of the Fuehrer,│ │ │published in Munich 1937. │ V │ 345 │ │ │ *2950-PS │Affidavit of Frick, 19 November 1945. │ │ │(USA 448) │ V │ 654 │ │ │ *2967-PS │Affidavit of Dr. Hans Anschuetz, 17 │ │ │November 1945. (USA 756) │ V │ 673 │ │ │ *L-73 │Affidavit of Bruno Bettelheim, 10 July │ │ │1945. (USA 746) │ VII │ 818 │ │ │ *L-83 │Affidavit of Gerhart H. Seger, 21 July │ │ │1945. (USA 234) │ VII │ 859 │ │ │ *L-135 │Affidavit of Kate Eva Hoerlin, 9 July │ │ │1945. (USA 747) │ VII │ 883

5. DESTRUCTION OF THE FREE TRADE UNIONS AND ACQUISITION OF CONTROL OVER THE PRODUCTIVE LABOR CAPACITY

A. _They destroyed the independent organization of German labor._

(1) _Before the Nazis took control, organized labor held a well established and influential position in Germany._ Most of the trade unions of Germany were joined together in two large congresses or federations, the Free Trade Unions (_Freie Gewerkschaften_) and Christian Trade Unions (_Christlichen Gewerkschaften_). Unions outside these two large groupings contained only 15 per cent of the total union membership. The Free Trade Unions were a congress of two federations of affiliated unions: (1) the General German Trade Union Federation (_Allgemeinen Deutschen Gewerkschaftsbund_, or the “ADGB”) with 28 affiliated unions of industrial workers; (2) the General Independent Employees Federation (_Allgemeinen Freien Angestelltenbund_, or the “AFA”) with 13 affiliated unions of white collar workers. (_392-PS_)

The membership of the Free Trade Unions, the affiliated organizations of the Christian Trade Unions, and all other unions at the end of 1931 (the last year for which the official government yearbook gives statistics) was as follows (_2411-PS_):

Union Group │ Number of │ Percentage of │ members │ total │ │ Free Trade Unions │ 4,569,876│ 65.9 Christian Trade Unions │ 1,283,272│ 18.5 Others Unions │ 1,081,371│ 15.6 │ ————│ —— Total │ 6,934,519│ 100.0

Under the Weimar Constitution, workers were “called upon to take part on equal terms” with employers in regulating conditions of employment. “It was provided that organizations on both sides and agreements between them shall be recognized.” Factory Representative Councils (otherwise known as Workmens or Factory Works Councils) had the right, in conjunction with employers’ representatives, to take an official part in the initiation and administration of social and economic legislation. (_2050-PS_)

(2) _The Nazi conspirators conceived that the free trade unions were incompatible with their objectives._

Hitler stated in _Mein Kampf_:

“It (the trade union) created the economic weapon which the international world Jew uses for the ruination of the economic basis of free, independent states, for the annihilation of their national industry and of their national commerce, and thereby for the enslavement of free people in the service of the above-the-state-standing, world finance Jewry (_ueberstaatlichen Weltfinanz-Judentums_).” (_404-PS_)

In announcing to Germany the seizure of the Free Trade Unions, Dr. Robert Ley, speaking as chairman of the Nazi Committee for the Protection of German Labor, stated:

“You may say, what else do you want, you have the absolute power, but we do not have the whole people, we do not have you workers 100 percent, and it is you whom we want; we will not let you be until you stand with us in complete, genuine acknowledgement.” (_614-PS_; see also _2224-PS_ and _2283-PS_.)

(3) _Soon after coming to power the Nazi conspirators took drastic

## action to convert the Factory Representative Councils into

Nazi-controlled organizations._ The Nazi conspirators eliminated the independence of the Factory Representative Councils by giving the Governors of the Laender authority to cancel the membership of labor representatives in the councils; by abrogating the right of the councils to oppose the dismissal of a worker when he was “suspected of an unfriendly attitude toward the state” (_1770-PS_); and finally by limiting membership in all Factory Representative Councils to Nazis (_2336-PS_). (After 7 April 1933, the Governors of the Laender were appointed by the Reich President “upon the proposal of the Reich Chancellor,” Hitler, _2005-PS_).

(4) _Soon after coming to power the Nazi conspirators proceeded to destroy the independent unions._ In mid-April 1933, Hitler directed Dr. Robert Ley, then staff director of the PO (Political Organization) of the NSDAP, to take over the trade unions. (_2283-PS_)

Ley issued an NSDAP circular directive on 21 April 1933 detailing a “coordination action” (_Gleichschaltunsaktion_) to be taken on 2 May 1933 against the General German Trade Union Federation (ADGB) and the General Independent Employees Federation (AFA), the so-called “Free Trade Unions” (_392-PS_). This directive created a special “Action Committee” to direct the entire action and declared that the supporters of the action were to be drawn from the National Socialist Factory Cells Organization or NSBO (_Nationalsozialistiche Betriebszellen-Organisation_), the NSDAP political leaders (_Politische Leiter_) in the factories; it named NSDAP commissars for the administration of the larger ADGB unions to be seized in the action; it made the Gauleaders (_Gauleiter_) of the NSDAP responsible for the disciplined execution of the action in their respective areas and authorized them to nominate additional commissars to administer the unions subjected to the action. The directive ordered that SA and SS were to be used in occupying union offices and the Bank of Workers, Employees and Officials, Inc., and for taking into protective custody the higher union leaders.

The order of seizure was carried out as planned and ordered. On 2 May the official NSDAP press service reported that the NSBO had “eliminated the old leadership” of Free Trade Unions and taken over their leadership. (_2224-PS_)

On 3 May 1933 the NSDAP press service announced that the Central League of Christian Trade Unions (_Gesamtverband der Christlichen Gewerkschaften_) and several smaller unions “have unconditionally subordinated themselves to the leadership of Adolf Hitler” (_2225-PS_). The next day the NSDAP press stated that the German Nationalist Clerks League (DHV) had also “recognized the leadership of the NSDAP in German trade union affairs * * * after a detailed conversation” between Dr. Ley and the leader of the DHV (_2226-PS_). In late June 1933, as a final measure against the Christian Trade Unions, Ley directed that all their offices were to be occupied by National Socialists. (_392-PS_)

The duress practiced by the Nazi conspirators in their assumption of absolute control over the unions is shown by a proclamation of Muchow, leader of the organizational office of the German Labor Front, in late June 1933. By this Party proclamation, all associations of workers not yet “concentrated” in the German Labor Front had to report within eight days. Thereafter they were to be notified of the branch of the German Labor Front which “they will have to join”. (_2228-PS_)

(5) _The Nazi Conspirators eliminated the right of collective bargaining generally._ During the same months in which the unions were abolished, a decree eliminated collective bargaining on conditions of employment and substituted regulation by “trustees of labor” (_Treuhaender der Arbeit_) appointed by Hitler. (_405-PS_)

(6) _The Nazi conspirators confiscated all union funds and property._ The NSDAP circular ordering the seizure of the Free Trade Unions on 2 May 1933 directed that the SA and SS were to be used to occupy the branches and paying offices of the Bank for Workers, Employees and Officials and appointed a Nazi commissar, Mueller, for the bank’s subsequent direction. The stock of this bank was held entirely by the General German Trade Union Association and its affiliated member unions. The NSDAP circular also directed that all union funds were to be blocked until re-opened under the authority and control of NSDAP-appointed commissars (_392-PS_; _2895-PS_). The Fuehrer’s basic order on the German Labor Front of the NSDAP in October 1934 declared that all the property of the trade unions and their dependent organizations constituted (_bildet_) property of the German Labor Front (_2271-PS_). Referring to the seizure of the property of the unions in a speech at the 1937 Party Congress, Ley mockingly declared that he would have to be convicted if the former trade union leaders were ever to demand the return of their property. (_1678-PS_)

(7) _The Nazi conspirators persecuted union leaders._ The NSDAP order on the seizure of the “Free Trade Unions” directed that the chairmen of the unions were to be taken into “protective custody”. Lesser leaders could be arrested with the permission of the appropriate Gau leader of the NSDAP (_392-PS_). In late June 1933 the German Labor Front published a “List of Outlaws” who were to be denied employment in the factories. The List named union leaders who had been active in combatting National Socialism and who allegedly continued to carry on their resistance secretly. (_2336-PS_)

The Nazi conspirators subjected union leaders to maltreatment ranging from assaults to murder. Among the offenses committed against union leaders are the following: assault and battery; degrading work and work beyond their physical capacity; incarceration in concentration camps; solitary confinement; denial of adequate food; surveillance; arrest and maltreatment of members of their families; murder. (_2330-PS_; _2331-PS_; _2335-PS_; _2334-PS_; _2928-PS_; _2277-PS_; _2332-PS_; and _2333-PS_)

B. _The Nazi conspirators introduced the Leadership Principle into industrial relations._ In January 1934, a decree introduced the Leadership Principle (_Fuehrerprinzip_) into industrial relations, the entrepreneur becoming the leader and the workers becoming his followers. (_1861-PS_)

C. _The Nazi conspirators supplanted independent unions by an affiliated Party organization, the German Labor Front (DAF)._

(1) _They created the German Labor Front._ On the day the Nazis seized the Free Trade Unions, 2 May 1933, they publicly announced that a “united front of German workers” with Hitler as honorary patron would be formed at a Workers’ Congress on 10 May 1933. (_2224-PS_)

Ley was appointed “leader of the German Labor Front” (_Deutsche Arbeitsfront_, or “DAF”) on 10 May 1933 (_1940-PS_). The German Labor Front succeeded to the confiscated property of the suppressed trade union. It was an affiliated organization of the NSDAP, subject to the Leadership Principle; Ley was concurrently Reich Organization Leader (_Reichsorganisationsleiter_) and leader of the German Labor Front (_1814-PS_). The National Socialist Factory Cells Organization or NSBO contained the political leaders (_Politische Leiter_) of the NSDAP in the German Labor Front and those political leaders were given first preference in the filling of jobs in the DAF (_2271-PS_). The German Labor Front became the largest of the Party’s organizations. At the outbreak of the war it had 23 million individual members and about 10 million corporative members who were members of organizations affiliated with it. (_2275-PS_)

(2) _They utilized the German Labor Front as an instrument to impose their ideology on the masses, to frustrate potential resistance, and to insure effective control of the productive labor capacity of Germany._ The DAF was charged with the ideological orientation of the broad masses of Germans working in the factories. Its leaders were charged with weeding out potential opponents to National Socialism from the ranks of the DAF and from employment in industry. In its surveillance functions, the German Labor Front relied on Gestapo reports and on its own intelligence service (_2336-PS_). The German Labor Front took over the leadership of the German Cooperatives with the view to their subsequent liquidation (_2270-PS_). The Nazi conspirators established Factory Troops (_Werkscharen_) within the Strength Through Joy branch of the German Labor Front as an “ideological shock squad (_Weltanschaulicher Stosstrupp_) within the factory” (_1817-PS_). These shock squads were formed only of voluntary members ready “to fight” for Nazi conceptions. Among their objects were the speeding up of labor effort and the forging of a “single-willed community” (_1818-PS_). The SA was charged with the promotion and building up of Factory Troops by all means. When a factory worker joined the Factory Troops, he automatically became an SA candidate. Factory Troops were given a special uniform and their physical training took place within SA cadre units. (_2230-PS_)

During the war, the German Labor Front was made responsible for the care of foreign labor employed within the Reich (_1913-PS_). Barely two years after the suppression of the independent unions and the creation of the German Labor Front, the Nazi conspirators decreed compulsory labor service (_Reichsarbeitsdienst_) under which young men and women between 18 and 25 years of age were conscripted for labor service under the administration of the Reich Minister of Interior, Frick. (_1389-PS_)

After war had been declared, the Nazi conspirators openly admitted the objectives of the Nazis’ control over labor. A publication of the Scientific Institute of the German Labor Front declared that it had been difficult to make the German people understand continuous renunciations in social conditions because all the nation’s strength had been channeled into armaments (_Wehrhaftigkeit_) for “the anticipated clash with an envious surrounding world” (_2276-PS_). Addressing workers five days after the launching of war on Poland, Ley admitted that the Nazis had mobilized all the resources and energies of Germany for seven years “so as to be equipped for the supreme effort of battle” and that the First World War had not been lost because of cowardice of German soldiers, “but because dissension and discord tore the people asunder” (_1939-PS_). Ley’s confidence in the Nazis’ effective control over the productive labor capacity of Germany in peace or war was declared as early as 1936 to the Nurnberg Party Congress:

“The idea of the Factory Troops is making good progress in the plants, and I am able to report to you, my Fuehrer, that security and peace in the factories has been guaranteed, not only in normal times, but also in times of the most serious crisis. Disturbances such as the munitions strikes of the traitors Ebert and confederates, are out of the question. _National Socialism has conquered the factories. Factory Troops are the National Socialist shock troops within the factory, and their motto is: THE FUEHRER IS ALWAYS RIGHT._” (_2283-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO DESTRUCTION OF THE FREE TRADE UNIONS AND ACQUISITION OF CONTROL OVER THE PRODUCTIVE LABOR CAPACITY

Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6, especially 6 (a).│ I │ 5 │ │ │ │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (D) 3 │ │ │ (c) (1). │ I │ 19 │ ————— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document was│ │ │received in evidence at the Nurnberg │ │ │trial. A double asterisk (**) before a │ │ │document number indicates that the │ │ │document was referred to during the │ │ │trial but was not formally received in │ │ │evidence, for the reason given in │ │ │parentheses following the description of│ │ │the document. The USA series number, │ │ │given in parentheses following the │ │ │description of the document, is the │ │ │official exhibit number assigned by the │ │ │court. │ │ │ ————— │ │ *392-PS │Official NSDAP circular entitled “The │ │ │Social Life of New Germany with Special │ │ │Consideration of the German Labor │ │ │Front”, by Prof. Willy Mueller (Berlin, │ │ │1938). (USA 326) │ III │ 380 │ │ │ *404-PS │Excerpts from Hitler, Mein Kampf, pp. │ │ │456, 475. (USA 256) │ III │ 385 │ │ │ 405-PS │Law Concerning Trustees of Labor, 19 May│ │ │1933. 1933 Reichsgesetzblatt, Part I, p.│ │ │285. │ III │ 387 │ │ │ 614-PS │Proclamation of the Action Committee for│ │ │the Protection of German Labor, 2 May │ │ │1933. Documents of German Politics, Vol.│ │ │I, p. 151-3. │ III │ 447 │ │ │ 1389-PS │Law creating Reich Labor Service, 26 │ │ │June 1935. 1935 Reichsgesetzblatt, Part │ │ │I, p. 769. │ III │ 963 │ │ │ *1678-PS │Speech of Dr. Robert Ley. Documents of │ │ │German Politics, Vol. V, pp. 373, 376. │ │ │(USA 365) │ IV │ 190 │ │ │ 1770-PS │Law concerning factory representative │ │ │councils and economic organizations, 4 │ │ │April 1933. 1933 Reichsgesetzblatt, Part│ │ │I, p. 161. │ IV │ 343 │ │ │ *1814-PS │The Organization of the NSDAP and its │ │ │affiliated associations, from │ │ │Organization book of the NSDAP, editions│ │ │of 1936, 1938, 1940 and 1943, pp. 86-88.│ │ │(USA 328) │ IV │ 411 │ │ │ 1817-PS │Bureau for factory troops, from │ │ │Organization Book of the NSDAP, 1936 │ │ │edition, p. 211. │ IV │ 457 │ │ │ 1818-PS │Bureau for Factory troops and training, │ │ │from Organization Book of the NSDAP, │ │ │1940 edition, pp. 195-196b. │ IV │ 457 │ │ │ 1861-PS │Law on the regulation of National labor,│ │ │20 January 1934. 1934 Reichsgesetzblatt,│ │ │Part I, p. 45. │ IV │ 497 │ │ │ *1913-PS │Agreement between Plenipotentiary │ │ │General for Arbeitseinsatz and German │ │ │Labor Front concerning care of │ │ │non-German workers. 1943 │ │ │Reichsgesetzblatt, Part I, p. 588. (USA │ │ │227) │ IV │ 547 │ │ │ 1939-PS │Speech by Ley published in Forge of the │ │ │Sword, with an introduction by Marshal │ │ │Goering, pp. 14-17. │ IV │ 581 │ │ │ 1940-PS │Fuehrer edict appointing Ley leader of │ │ │German Labor Front. Voelkischer │ │ │Beobachter, Munich (Southern German) │ │ │edition, p. 1. │ IV │ 584 │ │ │ 1947-PS │Letter from von Fritsch, 11 December │ │ │1938, concerning need of Germany to be │ │ │victorious over working class, Catholic │ │ │Church and Jews. │ IV │ 585 │ │ │ 2005-PS │Second law integrating the “Laender” │ │ │with the Reich, 7 April 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 173. │ IV │ 641 │ │ │ 2050-PS │The Constitution of the German Reich, 11│ │ │August 1919. 1919 Reichsgesetzblatt, │ │ │Part I, p. 1383. │ IV │ 662 │ │ │ *2224-PS │The End of the Marxist Class Struggle, │ │ │published in National Socialist Party │ │ │Press Agency, 2 May 1933, pp. 1-2. (USA │ │ │364) │ IV │ 864 │ │ │ 2225-PS │The Front of German Workers has been │ │ │Erected, published in National Socialist│ │ │Party Press Agency, 3 May 1933, p. 1. │ IV │ 868 │ │ │ 2226-PS │The Labor Front Stands, published in │ │ │National Socialist Party Press Agency, 4│ │ │May 1933, p. 2. │ IV │ 869 │ │ │ 2228-PS │Order issued by German Labor Front, │ │ │published in National Socialist Party │ │ │Press Agency, 26 June 1933, p. 5. │ IV │ 869 │ │ │ 2230-PS │Agreement between Ley and Lutze, chief │ │ │of staff of SA, published in │ │ │Organization Book of NSDAP, 1938, pp. │ │ │484-485b, 486c. │ IV │ 871 │ │ │ 2270-PS │Coordination of Cooperatives, published │ │ │in National Socialist Party Press Agency│ │ │release of 16 May 1933. │ IV │ 938 │ │ │ 2271-PS │The National Socialist Factory Cells │ │ │Organization, published in Organization │ │ │Book of NSDAP, pp. 185-187. │ IV │ 940 │ │ │ 2275-PS │The German Labor Front, published in │ │ │Nature-Aim-Means. Footnote on p. 11. │ IV │ 949 │ │ │ 2276-PS │The German Labor Front, published in │ │ │Nature-Aim-Means. p. 55. │ IV │ 950 │ │ │ *2277-PS │Affidavit, 17 October 1945, of Gustav │ │ │Schiefer, Chairman of General German │ │ │Trade Union Association, Local │ │ │Committee, Munich, in 1933. (USA 748) │ IV │ 951 │ │ │ *2283-PS │The Fifth Day of the Party Congress, │ │ │from Voelkischer Beobachter, Munich │ │ │(Southern German) Edition, Issue 258, 14│ │ │September 1936. (USA 337) │ IV │ 971 │ │ │ *2330-PS │Order of Protective Custody, Police │ │ │Directorate of Nurnberg-Fuerth of Josef │ │ │Simon, Chairman of German Shoemaker’s │ │ │Union, 29 August 1935. (USA 237) │ IV │ 1038 │ │ │ *2331-PS │Declaration required of union leader │ │ │Josef Simon upon his release from │ │ │Protective Custody by Bavarian Political│ │ │Police, 20 December 1935. (USA 743) │ IV │ 1039 │ │ │ 2332-PS │Death certificate, Flossenburg │ │ │Concentration Camp, concerning union │ │ │leader Staimer and official letter to │ │ │his wife, 22 December 1941. │ IV │ 1040 │ │ │ *2333-PS │Death certificate, Flossenburg │ │ │Concentration Camp, concerning union │ │ │leader Herrmann, and official letter to │ │ │his wife, 29 December 1941. (USA 744) │ IV │ 1040 │ │ │ *2334-PS │Affidavits of Lorenz Hagen, Chairman of │ │ │Local Committee, German Trade Unions, │ │ │Nurnberg. (USA 238) │ IV │ 1041 │ │ │ *2335-PS │Affidavits of Josef Simon, Chairman of │ │ │German Shoemakers’ Union in 1933. (USA │ │ │749) │ IV │ 1046 │ │ │ 2336-PS │Special Circular on Securing of │ │ │association of German Labor Front │ │ │against hidden Marxist sabotage, 27 June│ │ │1933. │ IV │ 1052 │ │ │ 2411-PS │Chart of unions of workers and │ │ │employees, from Statistical Yearbook for│ │ │German Reich, 1932, p. 555. │ V │ 87 │ │ │ *2895-PS │Joint affidavit of union leaders Simon, │ │ │Hagen, and Lex, 13 November 1945. (USA │ │ │754) │ V │ 563 │ │ │ *2928-PS │Affidavit of Mathias Lex, deputy │ │ │president of the German Shoemakers │ │ │Union. (USA 239) │ V │ 594 │ │ │ Statement XII │Political Testament of Robert Ley, │ │ │written in Nurnberg prison, October │ │ │1945. │ VIII │ 742 │ │ │ Statement XIII │Outline of Defense of Dr. Robert Ley, │ │ │written in Nurnberg prison, 24 October │ │ │1945. │ VIII │ 749

6. SUPPRESSION OF THE CHRISTIAN CHURCHES

A. _The Nazi conspirators sought to subvert the influence of the churches over the people of Germany._

(1) _They sought to eliminate the Christian Churches in Germany._

(_a_) _Statements of this aim._ Martin Bormann stated in a secret decree of the Party Chancellery signed by him and distributed to all Gauleiters 7 June 1941:

“Our National Socialist ideology is far loftier than the concepts of Christianity, which in their essential points have been taken over from Jewry * * *. A differentiation between the various Christian confessions is not to be made here * * * the Evangelical Church is just as inimical to us as the Catholic Church. * * * All influences which might impair or damage the leadership of the people exercised by the Fuehrer with the help of the NSDAP must be eliminated. More and more the people must be separated from the churches and their organs the pastors. * * * Just as the deleterious influences of astrologers, seers and other fakers are eliminated and suppressed by the State, so must the possibility of church influence also be totally removed. * * * Not until this has happened, does the state leadership have influence on the individual citizens. Not until then are the people and Reich secure in their existence for all time.” (_D-75_)

Hans Kerrl, Reich Minister for Church Affairs, in a letter dated 6 September 1939 to a Herr Stapel, which indicated that it would be brought to the attention of the Confidential Council and of the defendant Hess, made the following statements:

“The Fuehrer considers his efforts to bring the Evangelical Church to reason, unsuccessful and the Evangelical Church with respect to its condition rightfully a useless pile of sects. As you emphasize the Party has previously carried on not only a fight against the political element of the Christianity of the Church, but also a fight against membership of Party Members in a Christian confession. * * *

“The Catholic Church will and must, according to the law under which it is set up, remain a thorn in the flesh of a Racial State * * *.” (_129-PS_)

Gauleiter Florian, in a letter dated 23 September 1940 to the defendant Hess, stated:

“The churches with their Christianity are the danger against which to fight is absolutely necessary.” (_064-PS_)

Regierungsrat Roth, in a lecture 22 September 1941, to a group of Security Police, in the Reich Main Security Office (RSHA) concluded his address on Security Police (_Sipo_) measures for combatting church politics and sects with the following remarks:

“The immediate aim: the church must not regain one inch of the ground it has lost. The ultimate aim: Destruction of the Confessional Churches to be brought about by the collection of all material obtained through the intelligence service (_Nachrichtendienst_) activities which will at a given time be produced as evidence for the charge of treasonable activities during the German fight for existence.” (_1815-PS_)

The Party Organization Book states:

“Bravery is valued by the SS man as the highest virtue of men in a struggle for his ideology.

“He openly and unrelentingly fights the most dangerous enemies of the State; Jews, Free Masons, Jesuits, and political clergymen.

“However, he recruits and convinces the weak and inconstant by his example, who have not been able to bring themselves to the National Socialistic ideology.” (_1855-PS_)

(_b_) _The Nazi conspirators promoted beliefs and practices incompatible with Christian teachings._ The 24th point of the Program of the NSDAP, unchanged since its adoption in 1920, is as follows:

“We demand freedom of religion for all religious denominations within the state so long as they do not endanger its existence or oppose the moral senses of the germanic race. The Party as such advocates the standpoint of a positive Christianity without binding itself confessionally to any one denomination. It combats the Jewish materialistic spirit within and around us, and is convinced that a lasting recovery of our nation can only succeed from within on the framework: common utility precedes individual utility.” (_1708-PS_)

In official correspondence with the defendant Rosenberg in 1940, Bormann stated:

“Christian religion and National Socialist doctrines are not compatible. * * * The churches cannot be subjugated through compromise, only through a new philosophy as prophesied in Rosenberg’s works.”

He then proposed creation of a National Socialist Catechism to provide a “moral foundation” for a National Socialist religion which is gradually to supplant the Christian churches. He stated the matter was so important it should be discussed with members of the Reich Cabinet as soon as possible and requested Rosenberg’s opinion before the meeting. (_098-PS_)

In a secret decree of the Party Chancellery, signed by Bormann and distributed to all _Gauleiters_ on 7 June 1941, the following statements appeared:

“When we National Socialists speak of a belief in God, we do not understand by God, like naive Christians and their spiritual opportunists, a human-type being, who sits around somewhere in the sphere * * *. The force of natural law, with which all these innumerable planets move in the universe, we call the Almighty, or God. The claim that this world force * * * can be influenced by so-called prayers or other astonishing things is based upon a proper dose of naiveté or on a business shamelessness.

“As opposed to that we National Socialists impose on ourselves the demand to live naturally as much as possible, i.e., biologically. The more accurately we recognize and observe the laws of nature and of life, the more we adhere to them, so much the more do we conform to the will of the Almighty. The more insight we have into the will of the Almighty, the greater will be our successes.” (_D-75_)

Rosenberg in his book “The Myth of the 20th Century” advocated a new National Socialist faith or religion to replace the Christian confessions in Germany. He stated that the Catholic and Protestant churches represent “negative Christianity” and do not correspond to the soul of the “Nordic racially determined peoples”; that a German religious movement would have to declare that the idea of neighborly love is unconditionally subordinated to national honor; that national honor is the highest human value and does not admit of any equal valued force such as Christian love. He predicted:

“A German religion will, bit by bit, present in the churches transferred to it, in place of the crucifixion the spirit of fire—the heroic—in the highest sense.” (_2349-PS_)

The Reich Labor Service (_Reichsarbeitsdienst_), a National Socialist youth organization, was prohibited from participating in religious celebrations of any kind, and its members were instructed to attend only the parts of such ceremonies as weddings and funerals which took place before or after the church celebration. (_107-PS_)

The Nazi conspirators considered religious literature undesirable for the Wehrmacht. National Socialist publications were prepared for the Wehrmacht for the expressed purpose of replacing and counteracting the influence of religious literature dissimulated to the troops. (_101-PS_; _100-PS_; _064-PS_)

The Nazi conspirators through Rosenberg’s Office for Supervision of the Ideological Training and Education of the NSDAP and the Office of the Deputy of the Fuehrer “induced” the substitution of National Socialist mottoes and services for religious prayers and services in the schools of Germany. (_070-PS_)

On 14 July 1939, Bormann, as Deputy of the Fuehrer, issued a Party regulation excluding clergymen, persons closely connected with the church, and Theology students from membership in the Party. It was further decreed that in the future Party Members who entered the clergy or turned to the study of Theology must leave the Party. (_840-PS_)

(_c_) _The Nazi conspirators persecuted priests, clergy and members of monastic orders._ The priests and clergy of Germany were subjected by the police to systematic espionage into their daily lives. The Nazi conspirators through the Chief of the Reich Main Security Office (RSHA) maintained a special branch of the Security Police and Security Service (Sipo/SD) whose duties were to investigate the churches and maintain constant surveillance upon the public and private lives of the clergy. (_1815-PS_)

At a conference of these police “church specialists” called by Heydrich, who was then SS Gruppenfuehrer and Chief of the Reich Main Security Office (RSHA), in Berlin, 23 September 1941, SS Sturmbannfuehrer Hartl,

## acting for Heydrich, stated that the greatest importance was to be

attached to church political activity. The intelligence network in this field, he continued, was to be fostered with the greatest of care and enlarged with the recruitment of informants, particular value being attached to contacts with church circles. He closed his lecture with the following words:

“Each of you must go to work with your whole heart and a true fanaticism. Should a mistake or two be made in the execution of this work, this should in no way discourage you, since mistakes are made everywhere. The main thing is that the enemy should be constantly tackled with determination, will, and effective initiative.” (_1815-PS_)

In a letter of 22 October 1941, Heydrich, as Chief of the Reich Main Security Office (RSHA) issued detailed instructions to all State Police Offices outlining the organization of the Catholic Church and directing close surveillance of the activities, writings, and reports of the Catholic clergy in Germany. In this connection he directed:

“Reports are also to be submitted on those Theological students destined for Papal Institutes, and Priests returning from such institutes to Germany. Should the opportunity arise of placing someone for intelligence (_Nachrichtendienst_) purposes in one of these Institutes, in the guise of a Theological student, we should receive immediate notification.” (_1815-PS_)

Priests and other members of the clergy were arrested, fined, imprisoned, and otherwise punished by executive measures of the police without judicial process. In his lecture before a conference at the Reich Main Security Office (RSHA) in Berlin, for “church specialists,” of the Security Police, 22 November 1941, _Regierungsrat_ Roth stated (_1815-PS_):

“It has been demonstrated that it is impracticable to deal with political offenses (malicious) under normal legal procedure. Owing to the lack of political perception which still prevails among the legal authorities, suspension of this procedure must be reckoned with. The so-called “Agitator-Priests” must therefore be dealt with in future by Stapo measures, and, if the occasion arises, be removed to a Concentration Camp, if agreed upon by the RSHA.

“The necessary executive measures are to be decided upon according to local conditions, the status of the person accused, and the seriousness of the case—as follows:

1. Warning

2. Fine

3. Forbidden to preach

4. Forbidden to remain in parish

5. Forbidden all activity as a priest

6. Short-term arrest

7. Protective custody.”

Members of monastic orders were forced by the seizure and confiscation of their properties to give up their established place of abode and seek homes elsewhere (_R-101-A_; _R-101-D_). A secret order of the SS Economic Administration Office to all Concentration Camp Commanders, dated 21 April 1942, concerning labor mobilization of clergy, reveals that clergymen were at that time, and had previously been, incarcerated in Concentration Camps. (_1164-PS_)

On the death of von Hindenburg, the Reich Government ordered the ringing of all church bells on the 2nd, 3rd and 4th August 1934. In Bavaria, there were many instances of failure to comply with this order. The Bavarian police submitted a report outlining the above situation and stating that in three cases the taking into protective custody of recalcitrant clergy could not be avoided.

“The Parish priest, Father Johann Quinger of Altenkunstadt BA Lichtenfels. He was taken into protective custody on 3 August on the express order of the State Ministry of the Interior, because he assaulted SA leaders and SA men who were ringing the bells against his wishes. He was released from custody on 10 August 1934.

“The Parish priest, Father Ludwig Obholzer of Kiefersfelden, BA Rosenheim. For his personal safety he was in police custody from 2400 hours on the 2 August 1934, till 1000 hours on 3 August 1934. On 5 August 1934, he said sarcastically in his sermon, referring to the SA men who had carried out the ringing of the funeral knell on their own account, ‘Lord forgive them, for they know not what they do’! “The Parish priest, Father Johann Nepomuk Kleber of Wiefelsdorf, BA Burglengenfeld, refused to ring the church bells on the 2nd and 3rd. He is badly tainted politically and had to be taken into protective custody from the 5th to the 8th of August 34 in the interests of his own safety.” (_1521-PS_)

After Hitler’s rise to power, Bishop Sproll of Rottenburg delivered a series of sermons regarded by the Nazis as damaging, and on 10 April 1938 he refrained from voting in the plebiscite. For this, the Reich Governor of Wuertemberg declared he would no longer regard Bishop Sproll as head of the Diocese of Rottenburg; made an official request that he leave the Gau; and declared he would see to it that all personal and official intercourse between the Bishop and the State and Party offices as well as the Armed Forces would be denied (_849-PS_). For his alleged failure to vote in the plebiscite, of 10 April 1938, the Party caused three demonstrations to be staged against the Bishop and his household in Rottenburg. The third demonstration was described as follows in a teletype message from Gestapo Office Stuttgart to Gestapo Office Berlin:

“The Party on 23 July 1938 from 2100 on carried out the third demonstration against Bishop Sproll. Participants about 2,500-3,000 were brought in from outside by bus, etc. The Rottenburg populace again did not participate in the demonstration. The town took rather a hostile attitude to the demonstrations. The action got completely out of hand of the Party Member responsible for it. The demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forced their way into the palace, searched the rooms, threw files out of the windows and rummaged through the beds in the rooms of the palace. One bed was ignited. Before the fire got to the other objects of equipment in the rooms and the palace, the flaming bed could be thrown from the window and the fire extinguished. The Bishop was with Archbishop Groeber of Freiburg and the ladies and gentlemen of his menage in the chapel at prayer. About 25 to 30 people pressed into this chapel and molested those present. Bishop Groeber was taken for Bishop Sproll. He was grabbed by the robe and dragged back and forth. Finally the intruders realized that Bishop Groeber is not the one they are seeking. They could then be persuaded to leave the building. After the evacuation of the palace by the demonstrators I had an interview with Archbishop Groeber, who left Rottenburg in the night. Groeber wants to turn to the Fuehrer and Reich Minister of the Interior Dr. Frick anew. On the course of the action, the damage done as well as the homage of the Rottenburg populace beginning today for the Bishop I shall immediately hand in a full report, after I am in the act of suppressing counter mass meetings.” (_848-PS_)

Reich Minister for Church Affairs Kerrl and other Party officials alleged that these demonstrations were spontaneously staged by indignant citizens of Rottenburg and caused representations to be made to the Holy See in an effort to effect the Bishop’s removal from office. (_849-PS_)

On or about 3 December 1941, a copy of a secret decree of the Party Chancellery on the subject of Relationship of National Socialism to Christianity was found by the Security Police in the possession of Protestant Priest Eichholz at Aix-la-Chapelle. For this he was arrested and held for questioning for an unknown period of time. (_D-75_)

(_d_) _The Nazi conspirators confiscated church property._ On 20 January 1938, the Gestapo District Office at Munich issued a decree dissolving the Guild of the Virgin Mary of the Bavarian Diocese, together with its branches and associations. The decree also stated:

“The property belonging to the dissolved Guild is to be confiscated by the police. Not only is property in cash to be confiscated, but also any stock on hand and other objects of value. All further activity is forbidden the dissolved Guilds,

## particularly the foundation of any organization intended as a

successor or as a cover. Incorporation as a body into other women’s societies is also to be looked on as a forbidden continuation of activity. Infringements against the above prohibition will be punished according to par. 4 of the order of 28.2.1933.”

The reasons for the dissolution and confiscation were that the Guild of the Virgin Mary had occupied itself for years “to a most far-reaching degree” with arrangements of a “worldly and popular sporting character” such as community games and “social evenings”; and further that the president of the society supplied the members with “seditious materials” which served for “seditious discussions”; and that the members of the Guild were trained and mobilized for “political and seditious tasks.” (_1481-PS_)

In a lecture delivered to a conference of police investigators of Church Affairs assembled in the lecture hall of the Reich Main Security Office (RSHA) in Berlin, 22 September 1941, _Regierungsrat_ Roth stated that about 100 monasteries in the Reich had been dissolved and pointed out that the proper procedure called for seizure of the churches at the same time the monasteries were dissolved. (_1815-PS_)

In February 1940, SS Gruppenfuehrer Heydrich suggested to Himmler the seizure of monasteries for the accommodation of Racial Germans. He proposed that the authorities of the monastic orders be instructed to make the monasteries concerned available and move their own members to less populous monasteries. He pointed out that the final expropriation of properties thus placed at their disposal could be carried out step by step in the course of time. Himmler agreed to this proposal and ordered the measure to be carried out by the Security Police and Security Service (_Sipo_ and SD) in collaboration with the Reich Commissioner for Consolidation of German Folkdom. (_R-101-A_)

These orders for confiscation were carried out, as revealed in a letter dated 30 March 1942 from the Reich Main Security Office (RSHA) Chief of Staff to Himmler mentioning claims for compensation pending in a number of confiscation cases. In this letter he stated that all rental payments to those monasteries and ecclesiastical institutions whose premises had been put to use as camps for resettlers had been stopped on receipt of Himmler’s order. Concerning current developments, he stated:

“After further preparations in which the Party Chancellery

## participated prominently, the Reich Minister of the Interior

found a way which makes it possible to seize ecclesiastical premises practically without compensation and yet avoids the impression of being a measure directed against the Church. * * *” (_R-101-D_)

In a letter of 19 April 1941, Bormann advised Rosenberg that libraries and art objects of the monasteries confiscated in the Reich were to remain for the time being in these monasteries and that the Fuehrer had repeatedly rejected the suggestion that centralization of all such libraries be undertaken. (_072-PS_)

(_e_) _The Nazi conspirators suppressed religious publications._ On 6 November 1934, Frick, as Reich and Prussian Minister of the Interior, issued an order forbidding until further notice publication of all announcements in the daily press, in pamphlets and other publications, which dealt with the Evangelical Church; with the exception of official announcements of the Church Government of the Reich. (_1498-PS_)

By order of the State Police for the District of Duesseldorf, the Police Regulation which is quoted in part below was promulgated 28 May 1934:

“The distribution and sale of published items of any sort in connection with worship or religious instructions in public streets or squares near churches is forbidden. In the same sense the distribution and sale of published items on the occasions of processions, pilgrimages and similar church institutions in the streets or squares they pass through or in their vicinity is prohibited.” (_R-145_)

In January 1940, Bormann informed Rosenberg that he had sought to restrict production of religious publications by means of having their rations of printing paper cut down through the control exercised by Reichsleiter Amann, but that the result of these efforts remained unsatisfactory. (_101-PS_)

In March 1940, Bormann instructed Reichsleiter Amann, Director of the NSDAP Publications Office, that in any future redistribution of paper, confessional writings should receive still sharper restrictions in favor of literature politically and ideologically more valuable. He went on to point out:

“* * * according to a report I have received, only 10% of the over 3000 Protestant periodicals appearing in Germany, such as Sunday papers, etc. have ceased publication for reasons of paper saving.” (_089-PS_)

In April 1940, Bormann informed the High Command of the Navy that use of the term “Divine Service” to refer exclusively to the services arranged by Christian Confessions was no longer to be used, even in National Socialist daily papers. In the alternative he suggested:

“In the opinion of the Party the term ‘Church Service’ cannot be objected to. I consider it fitting since it properly implies meetings arranged and organized by the _Churches_.” (_068-PS_)

(_f_) _The Nazi conspirators suppressed religious organizations._ On 28 May 1934, the State Police Office for the District of Duesseldorf issued an order concerning denominational youth and professional organizations which stated in part as follows:

“Denominational youth and professional organizations as well as those created for special occasions only are prohibited from every public activity outside the church and religious sphere.

“Especially forbidden is: Any public appearance in groups, all sorts of political activity. Any public sport function including public hikes and establishment of holiday or outdoor camps. The public display or showing of flags, banners, pennants or the open wearing of uniforms or insignia.” (_R-145_)

On 20 July 1935, Frick, as Reich and Prussian Minister of the Interior, issued secret instructions to the provincial governments and to the Prussian Gestapo that Confessional youth organizations were to be forbidden to wear uniforms, or uniform-like clothing, to assemble publicly with pennants and flags, to wear insignia as a substitute for uniforms, or to engage in any outdoor sport activity. (_1482-PS_)

On 20 January 1938 the Gestapo District Office at Munich, issued a decree which stated in part as follows:

“The Guild of the Virgin Mary (_die Marianisch Jungfrauenkongregation_) of the Bavarian dioceses, including the diocese of Speyere, together with its branches and associations and the Societies of Our Lady (_Jungfrauenvereinen_) attached to it, is by police order to be dissolved and forbidden with immediate effect.”

Among the reasons cited for this action were the following:

“The whole behavior of the Guild of the Virgin Mary had therefore to be objected to from various points of view. It could be repeatedly observed that the Guild engaged in purely worldly affairs, such as community games, and then in the holding of ‘Social Evenings’.

“This proves incontestably that the Guild of the Virgin Mary was

## active to a very great degree in a manner unecclesiastical and

therefore worldly. By so doing it has left the sphere of its proper religious task and entered a sphere of activity to which it has no statutory right. The organization has therefore to be dissolved and forbidden.” (_1481-PS_)

According to the report of a Security Police “church specialist” attached to the State Police Office at Aachen, the following points were made by a lecturer at a conference of Security Police and Security Service church intelligence investigators in Berlin, on 22 September 1941:

“Retreats, recreational organizations, etc., may now be forbidden on ground of industrial war-needs, whereas formerly only a worldly activity could be given as a basis.

“Youth camps, recreational camps are to be forbidden on principle, church organizations in the evening may be prevented on grounds of the blackout regulations.

“Processions, pilgrimages abroad are to be forbidden by reason of the over-burdened transport conditions. For local events too technical traffic troubles and the danger of air-attack may serve as grounds for their prohibition. (One Referent forbade a procession, on the grounds of it wearing out shoe leather).” (_1815-PS_)

(_g_) _The Nazi conspirators suppressed religious education._ In a speech on 7 March 1937, Rosenberg stated:

“The education of youth can only be carried out by those who have rescued Germany from disaster. It is therefore impossible to demand one Fuehrer, one Reich and one firmly united people as long as education is carried out by forces which are mutually exclusive to each other.” (_2351-PS_)

In a speech at Fulda, 27 November 1937 Reich Minister for Church Affairs Hans Kerrl stated:

“We cannot recognize that the Church has a right to insure that the individual should be educated in all respects in the way in which it holds to be right; but we must leave it to the National Socialist State to educate the child in the way it regards as right.” (_2352-PS_)

In January 1939, Bormann, acting as Deputy of the Fuehrer, informed the Minister of Education, that the Party was taking the position that theological inquiry was not as valuable as the general fields of knowledge in the universities and that suppression of Theological Faculties in the universities was to be undertaken at once. He pointed out that the Concordat with the Vatican placed certain limitations on such a program, but that in the light of the general change of circumstances, particularly the compulsory military service and the execution of the four-year plan, the question of manpower made certain reorganizations, economies and simplification necessary. Therefore, Theological Faculties were to be restricted insofar as they could not be wholly suppressed. He instructed that the churches were not to be informed of this development and no public announcement was to be made. Any complaints, if they were to be replied to at all, should be answered with a statement that these measures are being executed in a general plan of reorganization and that similar things are happening to other faculties. He concludes with the statement that the professorial chairs vacated by the above program are to be turned over to the newly-created fields of inquiry, such as Racial Research. (_116-PS_)

A plan for the reduction of Theological Faculties was submitted by the Reich Minister for Science, Education and Training in April 1939 to Bormann, who forwarded it to Rosenberg for consideration and action. The plan called for shifting, combining and eliminating Theological Faculties in various schools and universities throughout the Reich, with the following results:

“To recapitulate this plan would include the complete closing of Theological Faculties at Innsbruck, Salzburg and Munich, the transfer of the faculty of Graz to Vienna and the vanishing of four Catholic faculties.

“_a._ Closing of three Catholic Theological Faculties or Higher Schools and of four Evangelic Faculties in the winter semester 1939/40.

“_b._ Closing of one further Catholic and of three further Evangelic Faculties in the near future.” (_122-PS_)

In a secret decree of the Party Chancellery, signed by Bormann, and distributed to all Gauleiters on 7 June 1941, the following statement concerning religious education was made:

“No human being would know anything of Christianity if it had not been drilled into him in his childhood by pastors. The so-called dear God in no wise gives knowledge of his existence to young people in advance, but in an astonishing manner in spite of his omnipotence leaves this to the efforts of the pastors. If therefore in the future our youth learns nothing more of this Christianity, whose doctrines are far below ours, Christianity will disappear by itself.” (_D-75_)

(2) _Supplementary evidence of acts of suppression within Germany._ In laying the groundwork for their attempted subversion of the Church, the Nazi conspirators resorted to assurances of peaceful intentions. Thus Hitler, in his address to the Reichstag on 23 March 1933 declared:

“While the government is determined to carry through the political and moral purging of our public life, it is creating and insuring prerequisites for a truly religious life. The government sees in both Christian confessions the factors most important for the maintenance of our Folkdom. It will respect agreements concluded between them and the states. However, it expects that its work will meet with a similar appreciation. The government will treat all other denominations with equal objective justice. However, it can never condone that belonging to a certain denomination or to a certain race might be regarded as a license to commit or tolerate crimes. The Government will devote its care to the sincere living together of Church and State.” (_3387-PS_)

(_a_) _Against the Evangelical Churches._ The Nazi conspirators, upon their accession to power, passed a number of laws, under innocent-sounding titles, designed to reduce the Evangelical Churches to the status of an obedient instrument of Nazi policy. The following are illustrative:

Document │ Date │Reichsge│ Title and Gist of Law │Signed by Number │ │setzblat│ │ │ │ t—Page │ │ │ │ │ │ _3433-PS_ │ 14.7.33│I.471 │_Gesetz ueber die Verfassung │Hitler │ │ │ der Deutschen Evangelischen │Frick │ │ │ Kirche_ (Law concerning the │ │ │ │ Constitution of the German │ │ │ │ Evangelical Church), │ │ │ │ establishing among other │ │ │ │ things the new post of Reich│ │ │ │ Bishop. │ │ │ │ │ _3434-PS_ │ 26.6.35│I.774 │_Gesetz ueber das │Hitler │ │ │ Beschlussverfahren in │Frick │ │ │ Rechtsangelegenheiten der │ │ │ │ Evangelisschen Kirche_ (Law │ │ │ │ concerning procedure for │ │ │ │ decisions in legal affairs │ │ │ │ of the Evangelical Church), │ │ │ │ giving the Reich Ministry of│ │ │ │ the Interior sole authority │ │ │ │ to determine the validity of│ │ │ │ measures taken in the │ │ │ │ Churches since 1 May 1933, │ │ │ │ when raised in a civil │ │ │ │ lawsuit. │ │ │ │ │ _3435-PS_ │ 3.7.35│I.851 │_Erste Verordnung zur │Frick │ │ │ Durchfuehrung des Gesetzes │ │ │ │ ueber das Beschlussverfahren│ │ │ │ in Rechtsangelegenheiten der│ │ │ │ Evangelischen Kirche_ (First│ │ │ │ Ordinance for Execution of │ │ │ │ the Law concerning procedure│ │ │ │ for decisions in legal │ │ │ │ affairs of the Evangelical │ │ │ │ Church), setting up detailed│ │ │ │ organization and procedures │ │ │ │ under the law of 26 June │ │ │ │ 1935. │ │ │ │ │ _3466-PS_ │ 16.7.35│I.1029 │_Erlass ueber die │Hitler │ │ │ Zusammenfassung der │Rust │ │ │ Zustaendigkeiten des Reichs │Koerner │ │ │ und Preussens in │ │ │ │ Kirchenangelegenheiten_ │ │ │ │ (Decree to unite the │ │ │ │ competences of Reich and │ │ │ │ Prussia in Church affairs) │ │ │ │ transferring to Kerrl, │ │ │ │ Minister without Portfolio, │ │ │ │ the church affairs │ │ │ │ previously handled by Reich │ │ │ │ and Prussian Ministers of │ │ │ │ the Interior and of Science,│ │ │ │ Education, and Training. │ │ │ │ │ _3436-PS_ │ 24.9.35│I.1178 │_Gesetz zur Sicherung der │Hitler │ │ │ Deutschen Evangelischen │Kerrl │ │ │ Kirche_ (Law for the │ │ │ │ Safe-guarding of the German │ │ │ │ Evangelical Church) │ │ │ │ empowering the Reich │ │ │ │ Minister of Church Affairs │ │ │ │ (Kerrl) to issue Ordinances │ │ │ │ with binding legal force. │ │ │ │ │ _3437-PS_ │ 2.12.85│I.1370 │_Fuenfte Verordnung Zur │Kerrl │ │ │ Durchfuehrung des Gesetzes │ │ │ │ zur Sicherung der Deutschen │ │ │ │ Evangelischen Kirche_ (Fifth│ │ │ │ decree for execution of the │ │ │ │ law for the Safe-guarding of│ │ │ │ the German Evangelical │ │ │ │ Church) prohibiting the │ │ │ │ churches from filling their │ │ │ │ pastorates, ordaining │ │ │ │ ministers, visitation, │ │ │ │ publishing of banns, and │ │ │ │ collecting dues and │ │ │ │ assessments. │ │ │ │ │ _3439-PS_ │ 25.6.37│I.697 │_Fuenfzehnte Verordnung zur │Kerrl │ │ │ Durchfuehrung des Gesetzes │ │ │ │ zur Sicherung der Deutschen │ │ │ │ Evangelischen Kirche_ │ │ │ │ (Fifteenth decree for the │ │ │ │ Execution of the Law for │ │ │ │ Security of the German │ │ │ │ Evangelical Church) │ │ │ │ establishing in the Reich │ │ │ │ Ministry for Church Affairs │ │ │ │ a Finance Department, to │ │ │ │ supervise administration of │ │ │ │ the church property budget, │ │ │ │ tax assessment, and use of │ │ │ │ budget funds. │

With the help of their Reich Bishop, Bishop Mueller, they manoeuvered the Evangelical Youth Association into the Hitler Jugend under Von Schirach in December 1933. (_1458-PS_)

They arrested prominent Protestant leaders such as Pastor Niemoeller. By 1937, the result of all these measures was complete administrative control by the Nazi conspirators over the Evangelical churches.

(_b_) _Against the Catholic Church._ Just as in their program against the Evangelical Churches, so in their attack on the Catholic Church, the Nazi conspirators concealed their real intentions under a cloak of apparent respect for its rights and protection of its activities. On 20 July 1933, a Concordat was concluded between the Holy See and the German Reich, signed for the Reich by Von Papen (_3280-A-PS_). It was the Nazi Government, not the Church, which initiated the negotiations.

“The German Government asked the Holy See to conclude a Concordat with the Reich.” (_3268-PS_)

By Article I of the Concordat,

“The German Reich guarantees freedom of profession and public practice of the Catholic religion.

“It acknowledges the right of the Catholic Church, within the limit of those laws which are applicable to all, to manage and regulate her own affairs independently, and, within the framework of her own competence, to publish laws and ordinances binding on her members.” (_3280-A-PS_)

Other articles formulated agreements on basic principles such as free communication between Rome and the local ecclesiastical authorities, freedom of the Catholic press, of Catholic education and of Catholic

## action in charitable, professional, and youth organizations. In return,

the Vatican pledged loyalty by the clergy to the Reich Government and emphasis in religious instruction on the patriotic duties of the Christian citizen. (_3280-A-PS_)

In reliance upon assurances by the Nazi conspirators, the Catholic hierarchy had already revoked their previous prohibition against Catholics becoming members of the Nazi Party (_3389-PS_). The Catholic Center Party, under a combination of Nazi pressure and assurances, published on 29 December 1933, an announcement of its dissolution (_2403-PS_). Thus the Catholics went a long way to disarm themselves and cooperate with the Nazis. Nevertheless, the Nazi conspirators continued to develop their policy of slow strangulation of religion, first in covert, and then in open, violation of their assurances and agreements.

In the Encyclical “_Mit Brennender Sorge_”, on 14 March 1937, Pope Pius XI described the program:

“It discloses intrigues which from the beginning had no other aim than a war of extermination. In the furrows in which we had labored to sow the seeds of true peace, others—like the enemy in Holy Scripture (Matt. xiii, 25)—sowed the tares of suspicion, discord, hatred, calumny of secret and open fundamental hostility to Christ and His Church, fed from a thousand different sources and making use of every available means. On them and on them alone and on their silent and vocal protectors rests the responsibility that now on the horizon of Germany there is to be seen not the rainbow of peace but the threatening storm clouds of destructive religious wars. * * * Anyone who has any sense of truth left in his mind and even a shadow of the feeling of justice left in his heart will have to admit that, in the difficult and eventful years which followed the Concordat, every word and every action of Ours was ruled by loyalty to the terms of the agreement; but also he will have to recognize with surprise and deep disgust that the unwritten law of the other party has been arbitrary misinterpretation of agreements, evasion of agreements, evacuation of the meaning of agreements, and finally more or less open violation of agreements.” (_3280-PS_)

The Nazis suppressed the Catholic Youth League, beginning ten days after the concordat was signed. (See Section 8, infra.)

On 18 January 1942, in declining to accede to a demand made by the German Government that no further appointment of Archbishops, Bishops, and other high administrative dignitaries be made in the new territories of the Reich, or of certain of them within the old Reich, without previous consultation with the German Government (_3261-PS_), the Secretary of State of Pope Pius XII pointed to measures taken by the German Government,

“Contrary not only to the existing Concordats and to the principles of international law ratified by the Second Hague conference, but often—and this is much more grave—to the very fundamental principles of divine law, both natural and positive.”

The Papal Secretary of State continued:

“Let it suffice to recall in this connection, among other things, the changing of the Catholic State elementary schools into undenominational schools; the permanent or temporary closing of many minor seminaries, of not a few major seminaries and of some theological faculties; the suppression of almost all the private schools and of numerous Catholic boarding schools and colleges; the repudiation, decided unilaterally, of financial obligations which the State, Municipalities, etc. had towards the Church; the increasing difficulties put in the way of the activity of the religious Orders and Congregations in the spiritual, cultural and social field and above all the suppression of Abbeys, monasteries, convents and religious houses in such great numbers that one is led to infer a deliberate intention of rendering impossible the very existence of the Orders and Congregations in Germany.

“Similar and even graver acts must be deplored in the annexed and occupied territories, especially in the Polish territories and particularly in the _Reichsgau Wartheland_, for which the Reich Superintendent has issued, under date of September 13th last, a ‘Decree concerning Religious Associations and Religious Societies’ (_Verordnung ueber Religioese Vereinigungen und Religion-gesellschaften_) in clear opposition to the fundamental principles of the divine constitution of the Church.” (_3261-PS_)

Illustrative of the numerous other cases and specific incidents which might be adduced as the program of suppression was carried into action within Germany proper, are the measures adopted beginning in 1936 to eliminate the priest Rupert Mayer of Munich. Because of his sermons, he was confined in various prisons, arrested and rearrested, interned in Oranienburg-Sachsenhausen concentration camp, and the Ettal Monastery, from which he was released by Allied troops in May 1945, and later died. (_3272-PS_)

(_c_) _Against other religious groups._

Members of the sect known as “_Bibelforscher_”—meaning “Members of a Biblical Society” or “Bible-Researchers”—were as early as 1937 sent as a routine matter to concentration camps by the Gestapo, even after serving of a sentence imposed by a court or after the cancellation of an arrest order (_D-84_). At one camp alone—Dachau—there were over 150 “_Bibelforscher_” in protective custody in 1937. (_2928-PS_)

B. _Acts of suppression of the Christian Churches in Annexed and Occupied Territories._

(1) _In Austria._ The methods of suppression of churches followed in Austria by the occupying power began with measures to exclude the Church from public activities, such as processions, printing of newspapers and Reviews which could spread Christian doctrines; from forming Youth organizations, such as Boy Scouts; from directing educational or charitable activities; and even from extending help in the form of food to foreigners. Unable in conscience to obey the public prescription, ministers of religions were arrested and sent to concentration camps, and some were executed. Churches were closed, convents and monastries suppressed, and educational property confiscated. The total number of confiscations, suppressions, or alienations of religious institutions exceeded 100 cases in one diocese alone. (_3278-PS_)

The Lutheran Church in Austria, though comprising a small minority of the population, was subjected to organized oppression. Its educational efforts were obstructed or banned. Believers were encouraged, and sometimes intimidated, to repudiate their faith. Lutheran pastors were given to understand that a government position would be awarded to each one who would renounce his ministry and if possible withdraw from the Lutheran Church. (_3273-PS_)

In summation of the period of Nazi domination and in review of the attempted suppression of the Christian Church, the Archbishops and Bishops of Austria in their first joint Pastoral after liberation declared:

“At an end also is an intellectual battle, the goal of which was the destruction of Christianity and the Church among our people; a campaign of lies and treachery against truth and love, against divine and human rights and against international law.” (_3274-PS_)

(2) _In Czechoslovakia._ The Czechoslovak Official Report for the prosecution and trial of the German Major War Criminals by the International Military Tribunal established according to the Agreement of the Four Great Powers of 8 August, 1945 describes in summary form the measures taken by the Nazi conspirators to suppress religious liberties and persecute the churches. The following excerpts are quoted from this report (_998-PS_):

“(_a_) _Catholic Church._

“* * * At the outbreak of war, 487 Catholic priests were among the thousands of Czech patriots arrested and sent to concentration camps as hostages. Venerable high ecclesiastical dignitaries were dragged to concentration camps in Germany. * * * Religious orders were dissolved and liquidated, their charitable institutions closed down and their members expelled or else forced to compulsory labor in Germany. All religious instruction in Czech schools was suppressed. Most of the weeklies and monthlies which the Catholics had published in Czechoslovakia, had been suppressed from the very beginning of the occupation. The Catholic gymnastic organization “Orel” with 800,000 members was dissolved and its property was confiscated. To a great extent Catholic church property was seized for the benefit of the Reich.

“(_b_) _Czechoslovak National Church._

“* * * The Czechoslovak Church in Slovakia was entirely prohibited and its property confiscated under German compulsion in 1940. It has been allowed to exist in Bohemia and Moravia but in a crippled form under the name of the Czecho-Moravian Church.

“(_c_) _Protestant Churches._

“The Protestant Churches were deprived of the freedom to preach the gospel. German secret state police watched closely whether the clergy observed the restrictions imposed on it. * * * Some passages from the Bible were not allowed to be read in public at all. * * *

“* * * Church leaders were especially persecuted, scores of ministers were imprisoned in concentration camps, among them the General Secretary of the Students’ Christian Movement in Czechoslovakia. One of the Vice-Presidents was executed.

“Protestant Institutions such as the YMCA and YWCA were suppressed throughout the country.

“The leading Theological School for all Evangelical denominations, HUS Faculty in Prague and all other Protestant training schools for the ministry were closed down in November 1939, with the other Czech universities and colleges.

“(_d_) _Czech Orthodox Church._

“The hardest blow was directed against the Czech Orthodox Church. The Orthodox churches in Czechoslovakia were ordered by the Berlin Ministry of Church Affairs to leave the Pontificat of Belgrade and Constantinople respectively and to become subordinate to the Berlin Bishop. The Czech Bishop Gorazd was executed together with two other priests of the Orthodox Church. By a special order of the Protector Daluege, issued in September 1942, the Orthodox Church of Serbian Constantinople jurisdiction was completely dissolved in the Czech lands, its religious

## activity forbidden and its property confiscated.

“All Evangelical education was handed over to the civil authorities and many Evangelical teachers lost their employment; moreover the State grant to salaries of many Evangelical priests was taken away.” (_998-PS_)

(3) _In Poland._ The repressive measures levelled against the Christian Church in Poland where Hans Frank was Governor-General from 1939 to 1945, were even more drastic and sweeping. In protest against the systematic strangulation of religion, the Vatican, on 8 October 1942, addressed a memorandum to the German Embassy accredited to the Holy See in which the Secretariat of State emphasized the fact that despite previous protests to the Minister for Foreign Affairs of the Reich, von Ribbentrop, the religious condition of the Catholics in the _Warthegau_ “has become even sadder and more tragic.” This memorandum states:

“For quite a long time the religious situation in the _Warthegau_ gives cause for very grave and ever-increasing anxiety. There, in fact, the Episcopate has been little by little almost completely eliminated; the secular and regular clergy have been reduced to proportions that are absolutely inadequate, because they have been in large part deported and exiled; the education of clerics has been forbidden; the Catholic education of youth is meeting with the greatest opposition; the nuns have been dispersed; insurmountable obstacles have been put in the way of affording people the helps of religions; very many churches have been closed; Catholic intellectual and charitable institutions have been destroyed; ecclesiastical property has been seized.” (_3263-PS_)

On 18 November 1942 the Papal Secretary of State requested the Archbishop of Breslau, Cardinal Bertram, to use every effort to assist Polish Catholic workers transferred to Germany, who were being deprived of the consolations of religion. In addition, he again appealed for help for the Polish priests detained in various concentration camps, whose death rate was “still on the increase.” (_3265-PS_). On 7 December 1942 the Cardinal Archbishop of Breslau replied that all possible efforts were being put forward by the German Bishops without success on behalf of the victims of concentration camps and labor battalions, and deplored “the intolerable decrees” against religious ministration to Poles. (_3266-PS_)

On 2 March 1943, the Cardinal Secretary of State addressed a note to von Ribbentrop, Reichsminister for Foreign Affairs, in which the violations of religious rights and conscience among the civilian population of Poland were set out in detail, and the time, locality, and character of the persecutions were specified. Priests and Ecclesiastics were still being arrested, thrust into concentration camps, and treated with scorn and derision, while many had been summarily executed. Religious instruction was hampered; Catholic schools were closed; the use of the Polish language in sacred functions and even in the Sacrament of Penance was forbidden. Even the natural right of marriage was denied to men of Polish nationality under 28 years of age to women under 25. In the territory called “General Government” similar conditions existed and against these the Holy See vigorously protested. To save the harassed and persecuted leaders of the Catholic Church, the Vatican had petitioned that they be allowed to emigrate to neutral countries of Europe or America. The only concession made was that they would all be collected in one concentration camp—Dachau. (_3264-PS_)

The Nazi conspirators adopted a dilatory and obstructionist policy toward complaints as to religious affairs in the overrun territories, and a decision was “taken by those competent to do so. * * * that no further consideration will be taken of proposals or requests concerning the territories which do not belong to the Old Reich.” (_3262-PS_)

“Those competent” to make decisions on complaints as to religious affairs in the overrun territories—especially the Party Chancery, headed by Bormann—the methods they used, and the reasons for their attitude are outlined by the Cardinal Archbishop of Breslau, a German living in Germany, in a letter to the Papal Secretary of State on 7 December 1942 as follows:

“Your Eminence knows very well the greatest difficulty in the way of opening negotiations comes from the overruling authority which the “National Socialist Party Chancery” (_Kanzlei der National-Sozialistischen Partei_, known as the _Partei-Kanzlei_) exercises in relation to the Chancery of the Reich (_Reichskanzlei_) and to the single Reich Ministries. This ‘_Parteikanzlei_’ directs the course to be followed by the State, whereas the Ministries and the Chancery of the Reich are obliged and compelled to adjust their decrees to these directions. Besides, there is the fact that the “Supreme Office for the Security of the Reich” called the ‘_Reichssicherheitshauptamt_’ enjoys an authority which precludes all legal action and all appeals. Under it are the ‘Secret Offices for Public Security’ called ‘_Geheime Staatspolizei_’ (a title shortened usually to _Gestapo_) of which there is one for each Province. Against the decrees of this Central Office (_Reichssicherheitshauptamt_) and of the Secret Offices (_Geheime Staatspolizei_) there is no appeal through the Courts, and no complaint made to the Ministries has any effect. Not infrequently the Councillors of the Ministries suggest that they have not been able to do as they would wish to, because of the opposition of these Party offices. As far as the executive power is concerned, the organization called the SS, that is _Schutzstaffeln der Partei_, is in practice supreme.

“This hastily sketched interrelation of authorities is the reason why many of the petitions and protests made by the Bishops to the Ministries have been foiled. Even if we present our complaints to the so-called Supreme Security Office, there is rarely any reply; and when there is, it is negative.

“On a number of very grave and fundamental issues we have also presented our complaints to the Supreme Leader of the Reich (_Fuehrer_). Either no answer is given, or it is apparently edited by the above-mentioned Party Chancery, which does not consider itself bound by the Concordat made with the Holy See.” (_3266-PS_)

The interchange of correspondence following the transmission of the above-described note of 2 March 1943 on the religious situation in the overrun Polish Provinces illustrates the same evasive tactics. (_3269-PS_)

In his Allocution to the Sacred College, on 2 June 1945, His Holiness Pope Pius XII recalled, by way of example, “some details from the abundant accounts which have reached us from priests and laymen who were interned in the concentration camp at Dachau”:

“In the forefront, for the number and harshness of the treatment meted out to them, are the Polish priests. From 1940 to 1945, 2,800 Polish ecclesiastics and religious were imprisoned in that camp; among them was the Auxiliary bishop of Wloclawek, who died there of typhus. In April last there were left only 816, all the others being dead except for two or three transferred to another camp. In the summer of 1942, 480 German-speaking ministers of religion were known to be gathered there; of these, 45 were Protestants, all the others Catholic priests. In spite of the continuous inflow of new internees, especially from some dioceses of Bavaria, Rhenania and Westphalia, their number, as a result of the high rate of mortality, at the beginning of this year, did not surpass 350. Nor should we pass over in silence those belonging to occupied territories, Holland, Belgium, France (among whom the Bishop of Clermont), Luxembourg, Slovenia, Italy. Many Of those priests and laymen endured indescribable sufferings for their faith and for their vocation. In one case the hatred of the impious against Christ reached the point of parodying on the person of an interned priest, with barbed wire, the scourging and the crowning with thorns of our Redeemer.” (_3268-PS_)

Further revealing figures on the persecution of Polish priests are contained in the following extract from Charge No. 17 against Hans Frank, Governor-General of Poland, submitted by the Polish Government, entitled “Maltreatment and Persecution of the Catholic Clergy in the Western Provinces”:

“IV. _GENERAL CONDITIONS AND RESULTS OF THE PERSECUTION_

11. The general situation of the clergy in the Archdiocese of Poznan in the beginning of April 1940 is summarized in the following words of Cardinal Hlond’s second report:

‘5 priests shot

27 priests confined in harsh concentration camps at Stutthof and in other camps

190 priests in prison or in concentration camps at Bruczkow, Chludowo, Goruszki, Kazimierz, Biskupi, Lad, Lubin and Puszczykowo,

35 priests expelled into the Government General,

11 priests seriously ill in consequence of ill-treatment,

122 parishes entirely left without priests.’

12. In the diocese of Chelmno, where about 650 priests were installed before the war only 3% were allowed to stay, the 97% of them were imprisoned, executed or put into concentration camps.

13. By January 1941 about 7000 priests were killed, 3000 were in prison or concentration camps.” (_3279-PS_)

The Allocution of Pope Pius XII on 2 June 1945 described National Socialism as “the arrogant apostasy from Jesus Christ, the denial of His doctrine and of His work of redemption, the cult of violence, the idolatry of race and blood, the overthrow of human liberty and dignity.” It summarized the attacks of “National Socialism” on the Catholic Church in these terms:

“The struggle against the Church did, in fact, become even more bitter: there was the dissolution of Catholic organizations; the gradual suppression of the flourishing Catholic schools, both public and private; the enforced weaning of youth from family and Church; the pressure brought to bear on the conscience of citizens, and especially of civil servants; the systematic defamation, by means of a clever, closely-organized propaganda, of the Church, the clergy, the faithful, the Church’s institutions, teaching and history; the closing, dissolution, confiscation of religious houses and other ecclesiastical institutions; the complete suppression of the Catholic press and publishing houses.” (_3268-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO SUPPRESSION OF THE CHRISTIAN CHURCHES

Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6, especially 6 (a, │ │ │ c). │ I │ 5 │ │ │ │International Military Tribunal, │ │ │ Indictment Number 1, Sections IV (D) 3│ │ │ (_c_) (2, 3); X (B). │ I │ 20, 55 │ ————— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document was│ │ │received in evidence at the Nurnberg │ │ │trial. A double asterisk (**) before a │ │ │document number indicates that the │ │ │document was referred to during the │ │ │trial but was not formally received in │ │ │evidence, for the reason given in │ │ │parentheses following the description of│ │ │the document. The USA series number, │ │ │given in parentheses following the │ │ │description of the document, is the │ │ │official exhibit number assigned by the │ │ │court. │ │ │ ————— │ │ *064-PS │Bormann’s letter to Rosenberg, 27 │ │ │September 1940, enclosing letter from │ │ │Gauleiter Florian criticizing Churches │ │ │and publications for soldiers. (USA 359)│ III │ 109 │ │ │ *068-PS │Letter from Bormann to Rosenberg, 5 │ │ │April 1940, enclosing copy of Bormann’s │ │ │letter to the High Command of Navy, and │ │ │copy of Navy High Command letter to │ │ │Bormann of 9 February 1940. (USA 726) │ III │ 114 │ │ │ *070-PS │Letter of Deputy Fuehrer to Rosenberg, │ │ │25 April 1941, on substitution of │ │ │National Socialist mottos for morning │ │ │prayers in schools. (USA 349) │ III │ 118 │ │ │ *072-PS │Bormann letter to Rosenberg, 19 April │ │ │1941, concerning confiscation of │ │ │property, especially of art treasures in│ │ │the East. (USA 357) │ III │ 122 │ │ │ *089-PS │Letter from Bormann to Rosenberg, 8 │ │ │March 1940, instructing Amann not to │ │ │issue further newsprint to confessional │ │ │newspapers. (USA 360) │ III │ 147 │ │ │ *098-PS │Bormann’s letter to Rosenberg, 22 │ │ │February 1940, urging creation of │ │ │National Socialist Catechism, etc. to │ │ │provide moral foundation for NS │ │ │religion. (USA 350) │ III │ 152 │ │ │ *100-PS │Bormann’s letter to Rosenberg, 18 │ │ │January 1940, urging preparation of │ │ │National Socialist reading material to │ │ │replace Christian literature for │ │ │soldiers. (USA 691) │ III │ 160 │ │ │ *101-PS │Letter from Hess’ office signed Bormann │ │ │to Rosenberg, 17 January 1940, │ │ │concerning undesirability of religious │ │ │literature for members of the Wehrmacht.│ │ │(USA 361) │ III │ 160 *107-PS │Circular letter signed Bormann, 17 June │ │ │1938, enclosing directions prohibiting │ │ │participation of Reichsarbeitsdienst in │ │ │religious celebrations. (USA 351) │ III │ 162 │ │ │ *116-PS │Bormann’s letter to Rosenberg, enclosing│ │ │copy of letter, 24 January 1939, to │ │ │Minister of Education requesting │ │ │restriction or elimination of │ │ │theological faculties. (USA 685) │ III │ 165 │ │ │ *122-PS │Bormann’s letter to Rosenberg, 17 April │ │ │1939, enclosing copy of Minister of │ │ │Education letter, 6 April 1939, on │ │ │elimination of theological faculties in │ │ │various universities. (USA 362) │ III │ 173 │ │ │ *129-PS │Letter from Kerrl to Herr Stapol, 6 │ │ │September 1939, found in Rosenberg │ │ │files. (USA 727) │ III │ 179 │ │ │ *840-PS │Party Directive, 14 July 1939, making │ │ │clergy and theology students ineligible │ │ │for Party membership. (USA 355) │ III │ 606 │ │ │ *848-PS │Gestapo telegram from Berlin to │ │ │Nurnberg, 24 July 1938, dealing with │ │ │demonstrations against Bishop Sproll in │ │ │Rottenburg. (USA 353) │ III │ 613 │ │ │ *849-PS │Letter from Kerrl to Minister of State, │ │ │23 July 1938, with enclosures dealing │ │ │with persecution of Bishop Sproll. (USA │ │ │354) │ III │ 614 │ │ │ *998-PS │“German Crimes Against Czechoslovakia”. │ │ │Excerpts from Czechoslovak Official │ │ │Report for the prosecution and trial of │ │ │the German Major War Criminals by the │ │ │International Military Tribunal │ │ │established according to Agreement of │ │ │four Great Powers of 8 August 1945. (USA│ │ │91) │ III │ 656 │ │ │ *1164-PS │Secret letter, 21 April 1942, from SS to│ │ │all concentration camp commanders │ │ │concerning treatment of priests. (USA │ │ │736) │ III │ 820 │ │ │ *1458-PS │The Hitler Youth by Baldur von Schirach,│ │ │Leipzig, 1934. (USA 667) │ IV │ 22 │ │ │ *1481-PS │Gestapo order, 20 January 1938, │ │ │dissolving and confiscating property of │ │ │Catholic Youth Women’s Organization in │ │ │Bavaria. (USA 737) │ IV │ 50 │ │ │ *1482-PS │Secret letter, 20 July 1933 to │ │ │provincial governments and the Prussian │ │ │Gestapo from Frick, concerning │ │ │Confessional Youth Organizations. (USA │ │ │738) │ IV │ 51 │ │ │ *1498-PS │Order of Frick, 6 November 1934, │ │ │addressed inter alios to Prussian │ │ │Gestapo prohibiting publication of │ │ │Protestant Church announcements. (USA │ │ │739) │ IV │ 52 │ │ │ *1521-PS │Report from the Bavarian Political │ │ │Police to the Gestapo, Berlin, 24 August│ │ │1934, concerning National mourning on │ │ │occasion of death of von Hindenburg. │ │ │(USA 740) │ IV │ 75 │ │ │ *1708-PS │The Program of the NSDAP. National │ │ │Socialistic Yearbook, 1941, p. 153. (USA│ │ │255; USA 324) │ IV │ 208 │ │ │ *1815-PS │Documents on RSHA meeting concerning the│ │ │study and treatment of church politics. │ │ │(USA 510) │ IV │ 415 │ │ │ 1855-PS │Extract from Organization Book of the │ │ │NSDAP, 1937, p. 418. │ IV │ 495 │ │ │ *1997-PS │Decree of the Fuehrer, 17 July 1941, │ │ │concerning administration of Newly │ │ │Occupied Eastern Territories. (USA 319) │ IV │ 634 │ │ │ *2349-PS │Extracts from “The Myth of 20th Century”│ │ │by Alfred Rosenberg, 1941. (USA 352) │ IV │ 1069 │ │ │ 2351-PS │Speech of Rosenberg, 7 March 1937, from │ │ │The Archive, Vol. 34-36, p. 1716, │ │ │published in Berlin, March 1937. │ IV │ 1070 │ │ │ 2352-PS │Speech of Kerrl, 27 November 1937, from │ │ │The Archive, Vol. 43-45, p. 1029, │ │ │published in Berlin, November 1937. │ IV │ 1071 │ │ │ 2403-PS │The End of the Party State, from │ │ │Documents of German Politics, Vol. I, │ │ │pp. 55-56. │ V │ 71 │ │ │ 2456-PS │Youth and the Church, from Complete │ │ │Handbook of Youth Laws. │ V │ 198 │ │ │ *2851-PS │Statement by Rosenberg of positions │ │ │held, 9 November 1945. (USA 6) │ V │ 512 │ │ │ *2910-PS │Certificate of defendant Seyss-Inquart, │ │ │10 November 1945. (USA 17) │ V │ 579 │ │ │ *2928-PS │Affidavit of Mathias Lex, deputy │ │ │president of the German Shoemakers │ │ │Union. (USA 239) │ V │ 594 │ │ │ *2972-PS │List of appointments held by von │ │ │Neurath, 17 November 1945. (USA 19) │ V │ 679 │ │ │ *2973-PS │Statement by von Schirach concerning │ │ │positions held. (USA 14) │ V │ 679 │ │ │ *2978-PS │Frick’s statement of offices and │ │ │positions, 14 November 1945. (USA 8) │ V │ 683 │ │ │ *2979-PS │Affidavit by Hans Frank, 15 November │ │ │1945, concerning positions held. (USA 7)│ V │ 684 │ │ │ *3261-PS │Verbal note of the Secretariate of State│ │ │of His Holiness, to the German Embassy, │ │ │18 January 1942. (USA 568) │ V │ 1009 │ │ │ 3262-PS │Report of His Excellency, the Most │ │ │Reverend Cesare Orsenigo, Papal Nuncio │ │ │in Germany to His Eminence the Cardinal │ │ │Secretary of State to His Holiness, 27 │ │ │June 1942. │ V │ 1015 │ │ │ *3263-PS │Memorandum of Secretariate of State to │ │ │German Embassy regarding the situation │ │ │in the Warthegau, 8 October 1942. (USA │ │ │571) │ V │ 1017 │ │ │ *3264-PS │Note of His Eminence the Cardinal │ │ │Secretary of State to Foreign Minister │ │ │of Reich about religious situation in │ │ │Warthegau and in other Polish provinces │ │ │subject to Germany, 2 March 1943. (USA │ │ │572) │ V │ 1018 │ │ │ 3265-PS │Letter to His Eminence the Cardinal │ │ │Secretary of State to the Cardinal │ │ │Archbishop of Breslau, 18 November 1942.│ V │ 1029 │ │ │ *3266-PS │Letter of Cardinal Bertram, Archbishop │ │ │of Breslau to the Papal Secretary of │ │ │State, 7 December 1942. (USA 573) │ V │ 1031 │ │ │ 3267-PS │Verbal note of German Embassy to Holy │ │ │See to the Secretariate of State of His │ │ │Holiness, 29 August 1941. │ V │ 1037 │ │ │ *3268-PS │Allocution of His Holiness Pope Pius │ │ │XII, to the Sacred College, 2 June 1945.│ │ │(USA 356) │ V │ 1038 │ │ │ 3269-PS │Correspondence between the Holy See, the│ │ │Apostolic Nuncio in Berlin, and the │ │ │defendant von Ribbentrop, Reich Minister│ │ │of Foreign Affairs. │ V │ 1041 │ │ │ 3272-PS │Statement of Rupert Mayer, 13 October │ │ │1945. │ V │ 1061 │ │ │ 3273-PS │Statement of Lutheran Pastor, Friedrich │ │ │Kaufmann, Salzburg, 23 October 1945. │ V │ 1064 │ │ │ *3274-PS │Pastoral letter of Austrian Bishops read│ │ │in all churches, 14 October 1945. (USA │ │ │570) │ V │ 1067 │ │ │ *3278-PS │Report on fighting of National Socialism│ │ │in Apostolic Administration of │ │ │Innsbruck-Feldkirch of Tyrol and │ │ │Vorarlberg by Bishop Paulus Rusch, 27 │ │ │June 1945 and attached list of church │ │ │institutions there which were closed, │ │ │confiscated or suppressed. (USA 569) │ V │ 1070 │ │ │ *3279-PS │Extract from Charge No. 17 against Hans │ │ │Frank submitted by Polish Government to │ │ │International Military Tribunal. (USA │ │ │574) │ V │ 1078 │ │ │ *3280-PS │Extract from Papal Encyclical “Mit │ │ │Brennender Sorge”, set forth in Appendix│ │ │II, p. 524, of “The Persecution of the │ │ │Catholic Church in the Third Reich”. │ │ │(USA 567) │ V │ 1079 │ │ │ 3280-A-PS │Concordat between the Holy See and the │ │ │German Reich. Reichsgesetzblatt, Part │ │ │II, p. 679. │ V │ 1080 │ │ │ *3387-PS │Hitler Reichstag speech, 23 March 1933, │ │ │asking for adoption of Enabling Act, │ │ │from Voelkischer Beobachter, 24 March │ │ │1933, p. 1. (USA 566) │ VI │ 104 │ │ │ *3389-PS │Fulda Declaration of 28 March 1933, from│ │ │Voelkischer Beobachter, 29 March 1933, │ │ │p. 2. (USA 566) │ VI │ 105 │ │ │ 3433-PS │Law concerning the Constitution of the │ │ │German Protestant Church, 14 July 1933. │ │ │1933 Reichsgesetzblatt, Part I, p. 471. │ VI │ 136 │ │ │ 3434-PS │Law concerning procedure for decisions │ │ │in legal affairs of the Protestant │ │ │Church, 26 June 1935. 1935 │ │ │Reichsgesetzblatt, Part I, p. 774. │ VI │ 143 │ │ │ 3435-PS │First Ordinance for Execution of Law │ │ │concerning procedure for decisions in │ │ │legal affairs of the Protestant Church, │ │ │3 July 1935. 1935 Reichsgesetzblatt, │ │ │Part I, p. 851. │ VI │ 144 │ │ │ 3436-PS │Law for Safeguarding of German │ │ │Protestant Church, 24 September 1935. │ │ │1935 Reichsgesetzblatt, Part I, p. 1178.│ VI │ 145 │ │ │ 3437-PS │Fifth Decree for execution of law for │ │ │safeguarding of the German Protestant │ │ │Church, 2 December 1935. 1935 │ │ │Reichsgesetzblatt, Part I, p. 1370. │ VI │ 146 │ │ │ 3439-PS │Fifteenth decree for the Execution of │ │ │law for Security of German Protestant │ │ │Church, 25 June 1937. 1937 │ │ │Reiehsgesetzblatt, Part I, p. 697. │ VI │ 147 │ │ │ 3466-PS │Decree to unite the competences of Reich│ │ │and Prussia in Church Affairs, 16 July │ │ │1935. 1935 Reichsgesetzblatt, Part I, p.│ │ │1029. │ VI │ 168 │ │ │ 3560-PS │Decree concerning organization and │ │ │administration of Eastern Territories, 8│ │ │October 1939. 1939 Reichsgesetzblatt, │ │ │Part I, p. 2042. │ VI │ 244 │ │ │ 3561-PS │Decree concerning the Administration of │ │ │Occupied Polish Territories, 12 October │ │ │1939. 1939 Reichsgesetzblatt, Part I, p.│ │ │2077. │ VI │ 246 │ │ │ 3701-PS │Proposal for Reichsleiter Bormann │ │ │concerning speech of Bishop of Muenster │ │ │on 3 August 1941. │ VI │ 405 │ │ │ *3751-PS │Diary of the German Minister of Justice,│ │ │1935 concerning prosecution of church │ │ │officials and punishment in │ │ │concentration camps. (USA 828; USA 858) │ VI │ 636 │ │ │ *D-75 │SD Inspector Bierkamp’s letter, 12 │ │ │December 1941, to RSHA enclosing copy of│ │ │secret decree signed by Bormann, │ │ │entitled Relationship of National │ │ │Socialism and Christianity. (USA 348) │ VI │ 1035 │ │ │ *D-84 │Gestapo instructions to State Police │ │ │Departments, 5 August 1937, regarding │ │ │protective custody for Bible students. │ │ │(USA 236) │ VI │ 1040 │ │ │ *EC-68 │Confidential letter from Minister of │ │ │Finance and Economy, Baden, containing │ │ │directives on treatment of Polish │ │ │Farmworkers, 6 March 1941. (USA 205) │ VII │ 260 │ │ │ *R-101-A │Letter from Chief of the Security Police│ │ │and Security Service to the Reich │ │ │Commissioner for the Consolidation of │ │ │German Folkdom, 5 April 1940, with │ │ │enclosures concerning confiscation of │ │ │church property. (USA 358) │ VIII │ 87 │ │ │ R-101-B │Letter from Himmler to Dr. Winkler, 31 │ │ │October 1940, concerning treatment of │ │ │church property in incorporated Eastern │ │ │countries. │ VIII │ 89 │ │ │ *R-101-C │Letter to Reich Leader SS, 30 July 1941,│ │ │concerning treatment of church property │ │ │in incorporated Eastern areas. (USA 358)│ VIII │ 91 │ │ │ *R-101-D │Letter from Chief of Staff of the Reich │ │ │Main Security Office (RSHA) to Reich │ │ │Leader SS, 30 March 1942, concerning │ │ │confiscation of church property. (USA │ │ │358) │ VIII │ 92 │ │ │ *R-103 │Letter from Polish Main Committee to │ │ │General Government of Poland on │ │ │situation of Polish workers in the │ │ │Reich, 17 May 1944. (USA 204) │ VIII │ 104 │ │ │ *R-145 │State Police Order, 28 May 1934, at │ │ │Duesseldorf, signed Schmid, concerning │ │ │sanction of denominational youth and │ │ │professional associations and │ │ │distribution of publications in │ │ │churches. (USA 745) │ VIII │ 248

7. ADOPTION AND PUBLICATION OF THE PROGRAM FOR PERSECUTION OF JEWS

A. _The official program of the NSDAP, proclaimed 24 February 1920 by Adolf Hitler at a public gathering in Munich._

Point 4: “None but members of the nation (_Volksgenosse_) may be citizens. None but those of German blood, whatever their creed, may be members of the nation. No Jew, therefore, may be a member of the nation.”

Point 5: “Anyone who is not a citizen may live in Germany only as a guest and must be regarded as being subject to legislation for foreigners.”

Point 6: “The right to determine matters concerning government and legislation is to be enjoyed by the citizen alone. We demand therefore that all appointments to public office, of whatever kind, whether in the Reich, Land, or municipality, be filled only by citizens. * * *”

Point 7: “We demand that the state make it its first duty to promote the industry and livelihood of citizens. If it is not possible to nourish the entire population of the State, the members of foreign nations (non-citizens) are to be expelled from the Reich.”

Point 8: “Any further immigration of non-Germans is to be prevented. We demand that all non-Germans who entered Germany subsequent to 2 August 1914, shall be forced immediately to leave the Reich.”

Point 23: “We demand legal warfare against conscious political lies and their dissemination through the press. In order to make possible the creation of a German press we demand:

(_a_) that all editors and collaborators of newspapers published in the German language be members of the nation.

(_b_) non-German newspapers be requested to have express permission of the State to be published. They may not be printed in the German language.

(_c_) non-Germans be prohibited by law from financial

## participation in or influence on German newspapers, and that as

penalty for contravention of the law such newspapers be suppressed and all non-Germans participating in it expelled from the Reich. * * *” (_1708-PS_)

B. _Development of ideological basis for anti-Semitic measures._

Among the innumerable statements made by the leaders of the NSDAP are the following:

Rosenberg advocated in 1920 the adoption of the following program concerning the Jews:

“(1) The Jews are to be recognized as a (separate) nation living in Germany, irrespective of the religion they belong to.

(2) A Jew is he whose parents on either side are nationally Jews. Anyone who has a Jewish husband or wife is henceforth a Jew.

(3) Jews have no right to speak and write on or be active in German politics.

(4) Jews have no right to hold public offices, or to serve in the Army either as soldiers or as officers. However, their contribution of work may be considered.

(5) Jews have no right to be leaders of cultural institutions of the state and community (theaters, galleries, etc.) or to be professors and teachers in German schools and universities.

(6) Jews have no right to be active in state or municipal commissions for examinations, control, censorship, etc. Jews have no right to represent the German Reich in economic treaties; they have no right to be represented in the directorate of state banks or communal credit establishments.

(7) Foreign Jews have no right to settle in Germany permanently. Their admission into the German political community is to be forbidden under all circumstances.

(8) Zionism should be energetically supported in order to promote the departure of German Jews—in numbers to be determined annually—to Palestine or generally across the border.” (_2842-PS_)

Rosenberg’s “Zionism” was neither sincere nor consistent, for in 1921 he advocated breaking up Zionism, “which is involved in English-Jewish politics.” (_2432-PS_). He advocated in 1921 the adoption by “all Germans” of the following slogans: “Get the Jews out of all parties. Institute measures for the repudiation of all citizenship rights of all Jews and half-Jews: banish all the Eastern Jews; exercise strictest vigilance over the native ones. * * *” (_2432-PS_)

Frick and other Nazis introduced a motion in the Reichstag on 27 May 1924, “to place all members of the Jewish race under special laws.” (_2840-PS_). Frick also asked in the Reichstag, on 25 August 1924, for the realization of the Nazi program by “exclusion of all Jews from public office.” (_2893-PS_)

C. _Anti-Semitism was seized upon by the Nazi conspirators as a convenient instrument to unite groups and classes of divergent views and interests under one banner._

Adolf Hitler described racial anti-Semitism as “a new creed for the masses” and its spreading among the German people as “the most formidable task to be accomplished by our movement.” (_2881-PS_). Rosenberg called for the “_Zusammenraffen aller Deutschen zu einer stahlharten, voelkischen Einheitsfront_” (gathering of all Germans into a steel-hard racial united front) on the basis of anti-Semitic slogans (_2432-PS_). Gotfried Feder, official commentator of the Nazi Party program, stated: “Anti-Semitism is in a way the emotional foundation of our movement.” (_2844-PS_)

There are innumerable admissions on the part of the Nazi leaders as to the part which their anti-Semitic propaganda played in their acquisition of control. The following statement concerning the purpose of racial propaganda was made by Dr. Walter Gross, director of the Office of Racial Policy of the Nazi Party:

“In the years of fight, the aim was to employ all means of propaganda which promised success in order to gather people who were ready to overthrow, together with the Party, the harmful post-war regime and put the power into the hand of the Fuehrer and his collaborators. * * * In these years of fight the aim was purely political: I meant the overthrow of the regime and acquisition of power. * * * Within this great general task the education in racial thinking necessarily played a decisive part, because herein lies basically the deepest revolutionary nature of the new spirit.” (_2845-PS_)

In another official Nazi publication, recommended for circulation in all Party units and establishments, it is stated:

“The whole treatment of the Jewish problem in the years prior to our seizure of power is to be regarded essentially from the point of view of the political education of the German people.” (To disregard this angle of the use made of anti-Semitism means) “to disregard the success and aim of the work toward racial education.” (_2427-PS_)

D. _After the acquisition of power the Nazi conspirators initiated a state policy of persecution of the Jews._

(1) _The first organized act was the boycott of Jewish enterprises on 1 April 1933._ The boycott action was approved by all the defendants who were members of the _Reichsregierung_ (Reich Cabinet), and Streicher was charged with its execution. Presented as an alleged act of “self defense”, the boycott action was intended to frighten Jewish public opinion abroad and force it, by the threat of collective responsibility to all Jews in Germany, to desist from warning against the Nazi danger. (_2409-PS_; _2410-PS_)

The boycott was devised as a demonstration of the extent to which the Nazi Party controlled its members and the German masses; consequently, spontaneous action and physical violence were discouraged. Goebbels stated:

“The national socialist leadership had declared: ‘The boycott is legal’, and the government demands that the people permit that the boycott be carried out legally. We expect iron discipline. This must be for the whole world a wonderful show of unity and manly training. To those abroad who believe that we could not manage it, we want to show that we have the people in our hand.” (_2431-PS_)

(2) _Laws eliminating Jews from various offices and functions._ The Nazi conspirators legislative program was gradual and, in the beginning, relatively “moderate.” In the first period, which dates from 7 April 1933 until September 1935, the laws eliminated Jews from public office and limited their participation in schools, certain professions, and cultural establishments. The following are the major laws issued in this period:

Document │ Date │Reichsge│ Title and gist of law │Signed by No. │ │setzblat│ │ │ │ t page │ │ │ │ │ │ _1397-PS_ │ 7.4.33│I.175 │_Gesetz zur Wiederherstellung │Hitler │ │ │ des Berufsbeamtentums_ (Law │Frick │ │ │ for the reestablishment of │Schwerin │ │ │ the professional civil │V. Krosigk │ │ │ service), removing Jews from│ │ │ │ Civil Service. │ │ │ │ │ │ 7.4.33│I.188 │_Gesetz uber die Zulassung zur│Guertner │ │ │ Rechtsanwaltschaft_ (Law │ │ │ │ relating to admission to the│ │ │ │ Bar) removing Jews from the │ │ │ │ Bar. │ │ │ │ │ _2868-PS_ │ 22.4.33│I.217 │_Gesetz betreffend die │Hitler │ │ │ Zulassung zur │Guertner │ │ │ Patentanwaltschaft_ (Law │ │ │ │ relating to the admission to│ │ │ │ the profession of patent │ │ │ │ agent and lawyer) excluding │ │ │ │ Jews from acting as patent │ │ │ │ attorneys. │ │ │ │ │ _2869-PS_ │ 6.5.33│I.257 │_Gesetz uber die Zulassung von│Hitler │ │ │ Steuerberatern_ (Law │Schwerin │ │ │ relating to the admission of│V. Krosigk │ │ │ Tax Advisors) eliminating │ │ │ │ “non-Aryans” from the │ │ │ │ profession of tax │ │ │ │ consultants. │ │ │ │ │ _2084-PS_ │ 22.4.33│I.215 │_Gesetz uber die uberfullung │Hitler │ │ │ deutscher Schullen_ (Law │Frick │ │ │ against the overcrowding of │ │ │ │ German schools and higher │ │ │ │ institutions) limiting │ │ │ │ drastically the number of │ │ │ │ Jewish students. │ │ │ │ │ _2870-PS_ │ 26.7.33│I.538 │_Verordnung zur Durchfuehrung │Pfundtner │ │ │ des Gesetzes uber den │(Asst. to │ │ │ Widerruf von │Frick) │ │ │ Einbuergerungen_ (Executing │ │ │ │ decree for the law about the│ │ │ │ Repeal of Naturalizations │ │ │ │ and the adjudication of │ │ │ │ German citizenship) defining│ │ │ │ Jews from Eastern Europe as │ │ │ │ “undesirable” and subject to│ │ │ │ denationalization. │ │ │ │ │ _2083-PS_ │ 4.10.33│I.713 │_Schriftleitergesetz_ │Hitler │ │ │ (Editorial Law) barring │Goebbels │ │ │ “non-Aryans” and persons │ │ │ │ married to“"non-Aryans” from│ │ │ │ the newspaper profession. │ │ │ │ │ _2984-PS_ │ 21.5.35│I.608 │_Wehrgesetz_ (Law concerning │V. │ │ │ Armed Forces) barring │Blomberg │ │ │ “non-Aryans” from military │ │ │ │ service. │

On 10 September 1935, Minister of Education Rust issued a circular ordering the complete elimination of Jewish pupils from “Aryan” schools (_2894-PS_). This legislative activity, in addition to being the first step towards the elimination of the Jews, served an “educational” purpose and was a further test of the extent of control exerted by the Nazi Party and regime over the German masses.

Dr. Achim Gercke, racial expert of the Ministry of the Interior, stated:

“The laws are mainly educational and give direction. The aspect of the laws should not be underestimated. The entire nation is enlightened on the Jewish problem; it learns to understand that the national community is a blood community; it understands for the first time the racial idea, and is diverted from a too theoretical treatment of the Jewish problem and faced with the actual solution.” (_2904-PS_)

It was clear, however, that the Nazi conspirators had a far more ambitious program in the Jewish problem and put off its realization for reasons of expediency. In the words of Dr. Gercke:

“Nevertheless the laws published thus far cannot bring a final solution of the Jewish problem, because the time has not yet come for it, although the decrees give the general direction and leave open the possibility of further developments.

“It would be in every respect premature now to work out and publicly discuss plans to achieve more than can be achieved for the time being. However, one must point out a few basic principles so that the ideas which one desires and must have ripened will contain no mistakes. * * *

“All suggestions aiming at a permanent situation, at a stabilization of, the status of the Jews in Germany do not solve the Jewish problem, because they do not detach the Jews from Germany. * * *

“_Plans and programs must contain an aim pointing to the future and not merely consisting of the regulation of a momentarily uncomfortable situation._” (_2904-PS_)

(3) _Deprivation of Jews of their rights as citizens._ After a propaganda barrage, in which the speeches and writings of Streicher were most prominent, the Nazi conspirators initiated the second period of anti-Jewish legislation (15 September 1935 to September 1938). In this period the Jews were deprived of their full rights as citizens (First Nurnberg Law) and forbidden to marry “Aryans” (Second Nurnberg Law). Further steps were taken to eliminate Jews from certain professions, and the groundwork was laid for the subsequent expropriation of Jewish property. These laws were hailed as the fulfillment of the Nazi Party program.

The major laws issued in this period are listed below:

Document │ Date │Reichsge│ Title and gist of law │Signed by No. │ │setzblat│ │ │ │ t page │ │ │ │ │ │ _1416-PS_ │ 15.9.35│I 1145 │_Reichsbuergergesetz_ (Reich │Hitler │ │ │ Citizenship Law), first │Frick │ │ │ Nurnberg Law, reserving │ │ │ │ citizenship for subjects of │ │ │ │ German blood. │ │ │ │ │ _2000-PS_ │ 15.9.35│I 1146 │_Gesetz zum Schutze des │Hitler │ │ │ deutschen Blutes_, (Law for │Frick │ │ │ _protection of German_ blood│Guertner │ │ │ and German honor), │Hess │ │ │ forbidding marriages and │ │ │ │ extra-marital relations │ │ │ │ between Jews and “Aryans”. │ │ │ │ │ _1417-PS_ │ 14.11.35│I 1333 │_Erste Verordnung zum │Hitler │ │ │ Reichsbuergergesetz_ (First │Frick Hess │ │ │ regulation to Reich │ │ │ │ citizenship law), defining │ │ │ │ the terms “Jew” and │ │ │ │ “part-Jew”. Jewish officials│ │ │ │ to be dismissed. │ │ │ │ │ _2871-PS_ │ 7.3.36│I 133 │_Gesetz ueber das │Hitler │ │ │ Reichstagwahlrecht_ (Law │Frick │ │ │ governing elections to the │ │ │ │ Reichstag) barring Jews from│ │ │ │ Reichstag vote. │ │ │ │ │ _1406-PS_ │ 26.4.38│I 414 │_Verordnung ueber die │Goering │ │ │ Ammeldung des Vermogens von │Frick │ │ │ Juden_ (Decree for reporting│ │ │ │ Jewish-owned property), │ │ │ │ basis for subsequent │ │ │ │ expropriation. │ │ │ │ │ _2872-PS_ │ 25.7.38│I 969 │_Vierte Verordnung zum │Frick │ │ │ Reichsbuergergesetz._ Fourth│ │ │ │ decree on the Citizenship │ │ │ │ Law, revoking licenses of │ │ │ │ Jewish physicians. │ │ │ │ │ _2873-PS_ │ 17.8.38│I 1044 │_Zweite Verordnung zur │Frick │ │ │ Durchfuhrung des Gesetzes │ │ │ │ ueber die Aenderung von │ │ │ │ Familiennamen und Vornamen_ │ │ │ │ (Second decree on law │ │ │ │ concerning change of first │ │ │ │ and last names), forcing │ │ │ │ Jews to adopt the names │ │ │ │ “Israel” and “Sara”. │ │ │ │ │ _2874-PS_ │ 27.9.38│I 1403 │_Fuenfte Verordnung zum │ │ │ │ Reichsbuergergesetz._ (Fifth│ │ │ │ decree to law relating to │ │ │ │ the Reich citizenship), │ │ │ │ revoking admission of Jewish│ │ │ │ lawyers. │

(4) _Program of 9 November 1938 and elimination of Jews from economic life._

In the autumn of 1938, within the framework of economic preparation for aggressive war and as an act of defiance to world opinion, the Nazi conspirators began to put into effect a program of complete elimination of the Jews. The measures taken were partly presented as retaliation against “world Jewry” in connection with the killing of a German embassy official in Paris. Unlike the boycott action in April, 1933, when care was taken to avoid violence, an allegedly “spontaneous” pogrom was staged and carried out all over Germany on orders of Heydrich.

The organized character of the pogrom is also obvious from the admission of Heydrich and others at a meeting presided over by Goering at the Air Ministry in Berlin. (_1816-PS_)

The legislative measures which followed were discussed and approved in their final form at a meeting on 12 November 1938 under the chairmanship of Goering, with the participation of Frick, Funk and others. The meeting was called following Hitler’s orders “requesting that the Jewish questions be now, once and for all, coordinated and solved one way or another.” The participants agreed on measures to be taken “for the elimination of the Jew from German economy.” Other possibilities, such as the establishment of ghettos, stigmatization through special insignia, and “the main problem, namely to kick the Jew out of Germany”, were also discussed. All these measures were later enacted as soon as conditions permitted. (_1816-PS_)

The laws issued in this period were signed mostly by Goering, in his capacity as Deputy for the Four Year Plan, and were thus connected with the consolidation of control over German economy in preparation for aggressive war.

The major laws issued in this period are listed below:

Document │ Date │Reichsge│ Title and gist of law │Signed by No. │ │setzblat│ │ │ │ t page │ │ │ │ │ │ _1412-PS_ │ 12.11.38│I 1579 │_Verordnung ueber eine │Goering │ │ │ Suhneleistung der Juden_ │ │ │ │ (Order concerning expiation │ │ │ │ contribution of Jews of │ │ │ │ German nationality), │ │ │ │ obligating all German Jews │ │ │ │ to pay a collective fine of │ │ │ │ 1.000.000.000 Reichsmark. │ │ │ │ │ _2875-PS_ │ 12.11.38│I 1580 │_Verordnung zur Ausschaltung │Goering │ │ │ der Juden aus dem deutschen │ │ │ │ Wirtschaftsleben_ (Decree on│ │ │ │ elimination of Jews from │ │ │ │ German economic life), │ │ │ │ barring Jews from trade and │ │ │ │ crafts. │ │ │ │ │ _1415-PS_ │ 28.11.38│I 1676 │_Polizeiverordnung ueber das │Heydrich │ │ │ Auftreten der Juden in der │(assistant │ │ │ Queffentlichkeit_ (Police │to Frick) │ │ │ regulation of the appearance│ │ │ │ of Jews in public), limiting│ │ │ │ movement of Jews to certain │ │ │ │ localities and hours. │ │ │ │ │ _1409-PS_ │ 3.12.38│I 1709 │_Verordnung ueber den Einsatz │Funk Frick │ │ │ des Juedischen Vermoegens_ │ │ │ │ (Order concerning the │ │ │ │ Utilization of Jewish │ │ │ │ property), setting time │ │ │ │ limit for the sale or │ │ │ │ liquidation of Jewish │ │ │ │ enterprises; forcing Jews to│ │ │ │ deposit shares and │ │ │ │ securities held by them; │ │ │ │ forbidding sale or │ │ │ │ acquisition of gold and │ │ │ │ precious stones by Jews. │ │ │ │ │ _1419-PS_ │ 30.4.39│I 864 │_Gesetz ueber │Hitler │ │ │ Mietverhaeltnisse mit Juden_│Guertner │ │ │ (Law concerning Jewish │Krohn │ │ │ tenants) granting to │Frick Hess │ │ │ landlords the right to give │ │ │ │ notice to Jewish tenants │ │ │ │ before legal expiration of │ │ │ │ lease. │ │ │ │ │ _2876-PS_ │ 4.7.39│I 1097 │_Zehnte Verordnung zum │Frick Rust │ │ │ Reichsbuergergesetz_ (Tenth │Kerrl Hess │ │ │ decree relating to the Reich│ │ │ │ Citizenship Law), forcible │ │ │ │ congregation of Jews in the │ │ │ │ “Reichsvereinigung der Juden│ │ │ │ in Deutschland”. │ │ │ │ │ _2877-PS_ │ 1.9.41│I 547 │_Polizeiverordnung ueber die │Heydrich │ │ │ Konnzeichnung der Juden_ │ │ │ │ (Police order concerning │ │ │ │ identification of Jews) │ │ │ │ forcing all Jews over 6 │ │ │ │ years of age to wear the │ │ │ │ Star of David. │

(5) _Extermination of German Jews._ Early in 1939 Hitler and the other Nazi conspirators decided to arrive at a “final solution of the Jewish problem.” In connection with preparations for aggressive war, further consolidation of controls and removal of elements not belonging to the _Volksgemeinschaft_ (racial community) were deemed necessary. The conspirators also anticipated the conquest of territories in Eastern Europe inhabitated by large numbers of Jews and the impossibility of forcing large-scale emigration in wartime. Hence, other and more drastic measures became necessary. The emphasis in this period shifted from legislative acts to police measures.

On 24 January 1939 Heydrich was charged with the mission of “arriving at a solution of the Jewish problem.” (_710-PS_)

On 15 January 1939 Rosenberg stated in a speech at Detmold:

“For Germany the Jewish problem will be solved only when the last Jew has left Germany.”

On 7 February 1939, Rosenberg appealed to foreign nations to forget “ideological differences” and unite against the “real enemy,” the Jew. He advocated the creation of a “reservation” where the Jews of all countries should be concentrated (_2843-PS_). In his Reichstag speech on 30 January 1939, Hitler made the following prophecy:

“The result [of war] will be * * * the annihilation of the Jewish race in Europe.” (_2663-PS_)

Thus the direction was given for a policy which was carried out as soon as the conquest of foreign territories created the material conditions. (For the carrying out and results of the program of the Nazi conspirators against Jewry, see