dtufail/nuremberg-trials-corpus huggingface dataset:
IV 1035 *D-728 Circular, 15 March 1945, from NSDAP Gauleitung Hessen-Nassau to the "Kreis"-Leaders of the Gau, concerning Action by the Party to keep Germans in check until end of the War. (GB 282).............. IV 174 *L-154 Letter from Hoffman, 25 February 1945, concerning action to be taken against pilots who are shot down. (USA 335).............. IV 904 *L-172 "The Strategic Position at the Beginning of the 5th Year of War", a lecture delivered by Jodl on 7 November 1943 at Munich to Reich and Gauleiters. (USA 34).. IV 920 *L-221 Bormann report on conference of 16 July 1941, concerning treatment of Eastern populations and territories. (USA 317).............. IV 1086 *L-316 RSHA Order of 5 November 1942, signed by Streckenbach, concerning jurisdiction over Poles and Eastern Nationals. (USA 346)............. IV 1104 *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-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-110 Himmler order of 10 August 1943 to all Senior Executive SS and Police officers. (USA 333)...... VIII 107 *R-112 Orders issued by Reich Commissioner for the Consolidation of German nationhood, 16 February 1942, 1 July 1942, 28 July 1942. (USA 309)........... VIII 108 *R-114 Memoranda of conferences, 4 and 18 August 1942, concerning directions for treatment of deported Alsatians. (USA 314).............. VIII 122 *Chart No. 1 National Socialist German Workers' Party. (2903-PS; USA 2)................... VIII 770 Chapter XV Part 1 Contents Chapter XV Part 3
3. THE REICH CABINET
The Reich Cabinet, or Reichsregierung, unlike most of the other Nazi organizations, was not especially created by the Nazi Party to carry out or implement its purposes. The Reichsregierung had, before the Nazis came to power, a place in the constitutional and political history of the country. As with other cabinets of duly constituted governments, the executive power of the realm was concentrated in that body. The Nazi conspirators well realized this fact. Their aim for totalitarian control over the State could not be secured, they realized, except by acquiring, holding, and utilizing the machinery of the State. And this they did. Under the Nazi regime the Reichsregierung gradually became a primary agent of the Nazi Party, with functions and policies formulated in accordance with the objectives and methods of the Party itself. The Reichsregierung became-at first gradually and then with more rapidity-polluted by the infusion of the Nazi conspirators sixteen of whom are accused in the Indictment. Its purpose came to be to clothe every scheme and purpose of the Party, however vile, with the semblance of legality.
A. Composition and Nature of the Reichsregierung.
first gradually and then with more rapidity-polluted by the infusion of the Nazi conspirators sixteen of whom are accused in the Indictment. Its purpose came to be to clothe every scheme and purpose of the Party, however vile, with the semblance of legality. A. Composition and Nature of the Reichsregierung.
The term Reichsregierung literally translated means "Reich Government". Actually, it was commonly taken to refer to the ordinary Reich Cabinet. In the Indictment the term Reichsregierung is defined to include not only those persons who were members of the ordinary Reich Cabinet, but also persons who were members of the Council of Ministers for the Defense of the Reich (Ministerrat fuer die Reichsverteidigung) and the Secret Cabinet Council (Geheimer Kabinettsrat). The most important body, however, was the ordinary cabinet. Between it and the other two groups there was in reality only an artificial distinction. There existed, in fact, a unity of personnel, action, function, and purpose that obliterated any academic separation. As used in the Indictment, the term "ordinary cabinet" means Reich ministers, i.e., heads of departments of the central government; Reich Ministers without portfolio; State Ministers acting as Reich Ministers; and other officials entitled to take part in Cabinet meetings. Altogether, 48 persons held positions in the ordinary cabinet. 17 of them have been indicted as defendants. Of the remaining 31, eight are believed to be dead.
(1) The Ordinary Cabinet. Into the ordinary cabinet were placed the leading Nazi trusted henchmen. Then, when new governmental agencies or bodies were created, either by Hitler or by the Cabinet itself, the constituents of these new bodies were taken from the rolls of the ordinary cabinet.
believed to be dead. (1) The Ordinary Cabinet. Into the ordinary cabinet were placed the leading Nazi trusted henchmen. Then, when new governmental agencies or bodies were created, either by Hitler or by the Cabinet itself, the constituents of these new bodies were taken from the rolls of the ordinary cabinet.
When the first Hitler Cabinet was formed on 30 January 1933, there were 10 ministries which could be classified as departments of the central government. This fact appears from the minutes of the first meeting of that cabinet, which were found in the files of the Reich Chancellery and bear the typed signature of one Weinstein, who is described in the minutes as "Responsible for the Protocol-Counsellor in the Ministry" (351-PS). The ten ministers who attended are set forth:
"Reichs Minister of Foreign Affairs (von Neurath); Reichs Minister of the Interior (Frick); Reichs Minister of Finance (Graf Schwerin von Krosigk); Reichs Minister of Economy; Reichs Minister for Food and Agriculture (Dr. Hugenberg); Reichs Minister of Labor (Seldte); Reichs Minister of Justice [no name given; the post was filled two days later by Gurtner]; Reichs Defense Minister (von Blomberg); the Reichs Postmaster General; and Reichs Minister for Transportation (Freiherr von Eltz-Ruebanach)." (351-PS)
In addition, Goering attended as Reichs Minister (he held no portfolio at that time) and Reichs Commissar for Aviation. Dr. Perecke attended as Reich Commissar for Procurement of Labor. Two state secretaries were present-Dr. Lammers of the Reichs Chancellery and Dr. Meissner of the Reich's Presidential Chancellery. In addition, Funk was present as Reichs Press Chief, and von Papen was present as Deputy of the Reichs Chancellor and Reichs Commissar for the State of Prussia. (351-PS)
Procurement of Labor. Two state secretaries were present-Dr. Lammers of the Reichs Chancellery and Dr. Meissner of the Reich's Presidential Chancellery. In addition, Funk was present as Reichs Press Chief, and von Papen was present as Deputy of the Reichs Chancellor and Reichs Commissar for the State of Prussia. (351-PS)
Not long afterwards new ministries or departments were created, into which leading Nazi figures were placed. On 13 March 1933, the Ministry of Popular Enlightenment and Propaganda was created, and Paul Josef Goebbels was named as Reich Minister of Popular Enlightenment and Propaganda (2029-PS). On 5 May 1933 the Ministry of Air (2089-PS), on 1 May 1934 the Ministry of Education (2078-PS), and on 16 July 1935 the Ministry for Church Affairs (2090-PS) were created. Goering was made Air Minister; Bernhard Rust, Gauleiter of South Hanover, was named Education Minister; and Hans Kerrl was named minister for Church Affairs. Two Ministries were added after the war started. On 17 March 1940 the Ministry of Armaments and Munitions was established (2091-PS). Dr. Fritz Todt, a high party official, was appointed to this post. Speer succeeded him. The name of this department was changed to "Armaments and War Production" in 1943 (2092-PS). On 17 July 1941, when the seizure of Eastern territories was in progress, the Ministry for the occupied Eastern Territories was created. There was no published decree for this act. A file found in the Presidential Chancellery contains a typewritten copy of the decree of Hitler establishing that post (1997-PS). The decree provides:
"Decree of the Fuehrer concerning the administration of the newly-occupied Eastern Territories dated 17 July 1941."
"In order to maintain public order and public life in the newly-occupied Eastern territories I decree that:
a typewritten copy of the decree of Hitler establishing that post (1997-PS). The decree provides: "Decree of the Fuehrer concerning the administration of the newly-occupied Eastern Territories dated 17 July 1941." "In order to maintain public order and public life in the newly-occupied Eastern territories I decree that:
"As soon as the military operations in the newly-occupied territories are over, the administration of these territories shall be transferred from the military establishments to the civil-administration establishments. I shall from to time determine by special decree, the territories which according to this are to be transferred to the civil administration and the time when this is to take place.
"The Civil Administration in the newly occupied Eastern territories, where these territories are not included in the administration of the territories bordering on the Reich or the General government, is subject to the 'Reich Minister for the Occupied Eastern territories.'
"I appoint Reichsleiter Alfred Rosenberg as Reich Minister for the Occupied Eastern Territories. He will hold office in Berlin.' (1997-PS)
During the years 1933 to 1945, one ministry was dropped-the Ministry of Defense (later called War). This took place on 4 February 1938, when Hitler took over command of the whole Armed Forces. At the same time he created the office of the "Chief of the Supreme Command of the Armed Forces" or Chief of the OKW. This was held by Keitel. The decree accomplishing this change provides in part as follows:
"He [the Chief of the supreme command of the armed forces] is equal in rank to a Reich Minister. At the same time, the supreme command takes the responsibility for the affairs of the Reichs Ministry of War, and by my order, the chief of the supreme command of the Armed Forces exercises the authority formerly belonging to the Reichs Minister." (1915-PS)
the armed forces] is equal in rank to a Reich Minister. At the same time, the supreme command takes the responsibility for the affairs of the Reichs Ministry of War, and by my order, the chief of the supreme command of the Armed Forces exercises the authority formerly belonging to the Reichs Minister." (1915-PS)
Another change in the composition of the cabinet during the years in question should be noted. The post of vice-chancellor was never refilled after the departure of von Papen on 30 July 1934.
In addition to the heads of departments mentioned above, the ordinary cabinet also contained Reich Ministers without portfolio. Among these were Frank, Seyss-Inquart, Schacht (after he left the Economics Ministry), and von Neurath (after he was replaced as Ministry of the Interior). Other positions also formed an integral part of the cabinet. Those were the Deputy of the Fuehrer, Hess, and later his successor, the leader of the Party Chancellery, Bormann; the Chief of Staff of the SA, Ernst Roehm, for the seven months prior to his assassination; the Chief of the Reich Chancellery, Lammers; and, as already mentioned, the Chief of the OKW, Keitel. These men had either the title or rank of Reich Minister.
successor, the leader of the Party Chancellery, Bormann; the Chief of Staff of the SA, Ernst Roehm, for the seven months prior to his assassination; the Chief of the Reich Chancellery, Lammers; and, as already mentioned, the Chief of the OKW, Keitel. These men had either the title or rank of Reich Minister.
The Cabinet also contained other functionaries, such as State Ministers acting as Reich Ministers. Only two persons fell within this category-the Chief of the Presidential Chancellery, Otto Meissner, and the State Minister of the Protectorate of Bohemia and Moravia, Karl Hermann Frank. In addition, as named in the Indictment, the ordinary cabinet included "others entitled to take part in Cabinet meetings". Many governmental agencies were created by the Nazis between the years 1933 and 1945, but the peculiarity of these creations was that in most instances the new officials were given the right to participate in cabinet meetings. Among those entitled to take part in Cabinet meetings were the Commanders in Chief of the Army and the Navy; the Reich Forest Master; the Inspector General for Water and Power; the Inspector General of German Roads; the Reich Labor leader; the Reich Youth Leader; the Chief of the Foreign Organization in the Foreign Office; the Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior; the Prussian Finance Minister; and the Cabinet Press Chief. These posts and officials comprising the ordinary cabinet all appear on the chart entitled "Organization of the Reich Government," and authenticated by Frick (Chart Number 18). The persons who held these posts in the ordinary cabinet varied between the years 1933 to 1945. Their names are listed in the chart (Chart Number 18), which discloses that 17 of these officials are defendants in these proceedings.
"Organization of the Reich Government," and authenticated by Frick (Chart Number 18). The persons who held these posts in the ordinary cabinet varied between the years 1933 to 1945. Their names are listed in the chart (Chart Number 18), which discloses that 17 of these officials are defendants in these proceedings.
(2) The Secret Cabinet Council. Proof that there was only an artificial distinction between the ordinary cabinet, the Secret Cabinet Council, and the Council of Ministers for the Defense of the Reich, is shown by the unity of personnel among the three subdivisions. Thus, on 4 February 1938, Hitler created the Secret Cabinet Council (2031-PS):
"To advise me in conducting the foreign policy I am setting up a secret cabinet council.
"As president of the secret cabinet council, I nominate:
Reichsminister Freiherr von Neurath
"As members of the secret cabinet council I nominate:
Reichsminister for Foreign Affairs, Joachim von Ribbentrop
Prussian Prime Minister, Reichsminister of the Air, Supreme Commander of the Air Forces, General Field Marshall Hermann Goering
The Fuehrer's Deputy, Reichsminister Rudolf Hess
Reichsminister for the Enlightenment of the people and of Propaganda, Dr. Joseph Goebbels
Reichsminister and Chief of the Reichs Chancellery Dr. Hans-Heinrich Lammers
The Supreme Commander of the Army, General Walther von Brauchitsch
The Supreme Commander of the Navy, Grand Admiral Dr. (honorary) Erich Raeder
The Chief of the Supreme Command of the Armed Forces Lt Gen Wilhelm Keitel." (2031-PS)
It will be noted that every member of this group was either a Reichsminister or, as, in the case of the Army, Navy, and OKW heads, had the rank and authority of a Reich Minister.
(3) The Council of Ministers for the Defense of the Reich. On 30 August 1939 Hitler established the Council of Ministers for the Defense of the Reich (better known as the Ministerial Council). This was the so-called war cabinet. The decree establishing this Council provided (2018-PS):
"Article I
a Reich Minister. (3) The Council of Ministers for the Defense of the Reich. On 30 August 1939 Hitler established the Council of Ministers for the Defense of the Reich (better known as the Ministerial Council). This was the so-called war cabinet. The decree establishing this Council provided (2018-PS): "Article I
"(1) A Ministerial Council for Reich Defense shall be established as a standing committee out of the Reich Defense Council.
"(2) The standing members of the Ministerial Council for Reich Defense shall include: General Field Marshall Goering as chairman; Fuehrer's Deputy [Hess]; Commissioner General (or Plenipotentiary) for Reich Administration [Frick]; Commissioner General (or Plenipotentiary) for Economy [Funk]; Reich Minister and Chief of the Reich Chancellery [Dr. Lammers]; Chief of the High Command for the Armed Forces [Keitel].
"(3) The chairman may draw on other members of the Reich Defense Council including further personalities for advice." (2018-PS).
Again, all members of this group were also members of the ordinary Cabinet.
The Reich Defense Council, for secret war planning, was created by the Cabinet on 4 April 1933 (cf. the unpublished Reich Defense Law of 21 May 1935 (2261-PS). The membership of that Council when first created is shown by the minutes of the second session of the working committee of the delegates for Reich Defense, dated 22 May 1933 and signed by Keitel (EC-177):
"Composition of the Reich Defense Council:
President: Reichs Chancellor
Deputy: Reichswehr Minister
Permanent Members: Minister of the:
Reichswehr
Foreign Affairs
Interior
Finance
Economic Affairs
Public Enlightenment and Propaganda
Air
Chief of the Army Command Staff
Chief of the Navy Command Staff
"Depending on the case: The remaining ministers, other personalities, e.g., leading industrialists, etc." (EC-177)
All but the Chiefs of the Army and Navy Command Staff were at that time members of the ordinary cabinet.
Public Enlightenment and Propaganda Air Chief of the Army Command Staff Chief of the Navy Command Staff "Depending on the case: The remaining ministers, other personalities, e.g., leading industrialists, etc." (EC-177) All but the Chiefs of the Army and Navy Command Staff were at that time members of the ordinary cabinet.
The composition of this Reich defense Council was changed by an unpublished law on 4 September 1938, which provided as follows (2194-PS):
"* * * (2) The leader and Reich Chancellor is chairman in the RVR. His permanent deputy is General Field Marshall Goering. He has the right to call conferences of the RVR. Permanent members of the RVR are
"The Reich Minister of Air and Supreme Commander of the Air Force,
The Supreme Commander of the Army,
The Supreme Commander of the Navy,
The Chief of the OKW,
The Deputy of the Fuehrer,
The Reich Minister and Chief of the Reich Chancellery,
The President of the Secret Cabinet Council,
The Chief Plenipotentiary for the Reich Administration,
The Chief Plenipotentiary for Economics,
The Reich Minister of Foreign Affairs,
The Reich Minister of the Interior,
The Reich Finance Minister,
The Reich Minister for Public Enlightenment and Propaganda,
The President of the Reichsbank Directorate.
The other Reich Ministers and the Reich offices directly subordinate to the Fuehrer and Reich Chancellor are consulted if necessary. Further personalities can be called as the case demands." (2194-PS)
Minister, The Reich Minister for Public Enlightenment and Propaganda, The President of the Reichsbank Directorate. The other Reich Ministers and the Reich offices directly subordinate to the Fuehrer and Reich Chancellor are consulted if necessary. Further personalities can be called as the case demands." (2194-PS)
On that date all the members also belonged to the ordinary cabinet, for by that time the supreme commanders of the Army and Navy had been given ministerial rank and authorized to participate in cabinet meetings (2098-PS). It is also worth noting that two members of the Reich Defense Council also appear in the Ministerial Council under the same title-The Plenipotentiary for Administration, and the Plenipotentiary for Economy. The former post was held by Frick, while the latter was first held by Schacht and then by Funk. These facts are verified by Frick on the Nazi governmental organization chart (Chart Number 18). Many other ministries were subordinated to these two posts for war-planning aims and purposes. These two officials, together with the Chief of the OKW, formed a powerful triumvirate known as the "Three-Man College" (Frick, Funk, and Keitel) which figured prominently in war plans and preparations.
B. Functions of the Reichsregierung.
The utilization of the ordinary cabinet as a manpower reservoir for other governmental agencies, the chronological development of the offshoots of the ordinary cabinet, and the cohesion between all of these groups, is apparent from the Nazi governmental organization chart (Chart Number 18). The chart shows the following offshoots of the ordinary cabinet: 1933, the Delegate for the Four Year Plan; 1938, the Secret Cabinet Council; 1939, The Ministerial Defense Council; and 1944, the Delegate for Total War Effort (Goebbels). In every case these important Nazi agencies were staffed with personnel taken from the ordinary cabinet.
following offshoots of the ordinary cabinet: 1933, the Delegate for the Four Year Plan; 1938, the Secret Cabinet Council; 1939, The Ministerial Defense Council; and 1944, the Delegate for Total War Effort (Goebbels). In every case these important Nazi agencies were staffed with personnel taken from the ordinary cabinet.
(1) The Ordinary Cabinet. The unity, cohesion, and interrelationship of the sub-divisions of the Reichsregierung was not the result of a co-mixture of personnel alone. It was also realized by the method in which it operated. The ordinary cabinet consulted together both by meeting and through the so-called circulation procedure. Under the latter procedure, which was chiefly used when meetings were not held, drafts of laws prepared in individual ministries were distributed to other cabinet members for approval or disapproval.
The man primarily responsible for the circulation of drafts of laws under this procedure was Dr. Lammers, the Leader and Chief of the Reich Chancellery. Lammers has described that procedure in an affidavit (2999-PS):
"* * * I was Leader of the Reich Chancellery (Leiter der Reichskanzlei) from 30 January 1933 until the end of the war. In this capacity I circulated drafts of proposed laws and decrees submitted to me by the Minister who had drafted the law or decree, to all members of the Reich Cabinet. A period of time was allowed for objections, after which the law considered as being accepted by the various members of the Cabinet. This procedure continued throughout the whole war. It was followed also in the Council of Ministers for Defense of the Reich (Ministerrat fuer die Reichsverteidigung)." (2999-PS)
period of time was allowed for objections, after which the law considered as being accepted by the various members of the Cabinet. This procedure continued throughout the whole war. It was followed also in the Council of Ministers for Defense of the Reich (Ministerrat fuer die Reichsverteidigung)." (2999-PS)
A memorandum dated 9 August 1943, which bears the facsimile signature of Frick and is addressed to the Reich Minister and Chief of the Reich Chancellery, illustrates how the circulation procedure worked (1701-PS). Attached to the memorandum is a draft of the law in question and a carbon copy of a letter dated 22 December 1943 from Rosenberg to the Reich Minister of the Interior, containing his comments on the draft:
"To the Reich Minister and Chief of the Reich Chancellery. In Berlin W8.
"For the information of the other Reich ministers.
"Subj: Law on the treatment of enemies of the society.
"In addition to my letter of 19 March, 1942.
"Enclosures: 55.-
"After the draft of the law on the treatment of enemies of the society has been completely rewritten, I am sending the enclosed new draft with the consent of the Reich Minister of Justice, Dr. Thierack, and ask that the law be approved in a circulatory manner. The necessary number of prints in attached." (1701-PS)
(2) Council of Ministers for the Defense of the Reich. The same procedure was followed in the Council of Ministers when that body was created. And the decrees of the Council of Ministers were also circulated to the members of the ordinary Cabinet. A memorandum found in the files of the Reich Chancellery and addressed to the members of the Council of Ministers, dated 17 September 1939, and bearing the typed signature of Dr. Lammers, Reich Minister and Chief of the Reich Chancellery, states (1141-PS):