dtufail/nuremberg-trials-corpus huggingface dataset:
DR. THOMA: He says, for example, in his Myth, of the national Church which he aspired to: "The German Church cannot pronounce compulsory dogmas which every one of its followers is compelled to believe at the very risk of losing his everlasting salvation." In his speech on ideology and dogma at the University of HalleWittenberg, he called for tolerance toward all denominations with a demand for "inner respect for every genuine denomination." In his speech on German intellectual freedom of 6 July 1935 he also spoke up for the freedom of conscience. No document was presented which contained a request by Rosenberg for criminal persecution of one of his numerous ideological opponents, although he might easily have been prompted to do so by their sharp attacks on his opinions. Further, the Prosecution accused him of promoting militarism. Rosenberg was indeed an admirer of the soldier's profession and a soldierly attitude toward life, but he also, admired the peasant's standards as the basis of the national character. He advocated the creation of a people's army, both as the outward expression of Germany's capacity as a political ally and for the purpose of training and educating the people at home. However, he denies having contemplated world conquest. On this point I can refer to his speech on Germany's Position in the World of 30 October 1933. There he offered peace to Russia on the occasion of the German withdrawal from the League of Nations (Document Book 1, Page 147). I shall quote this passage, for it also proves that National Socialism did not desire to interfere in the affairs of other countries: "We are ready at any time to maintain absolutely correct relations with Soviet Russia, because naturally we do not necessarily want to modify an ideology in the field of foreign policy and foreign relations." In the same speech he emphasizes that the avowal of an ideology he describes as racial science is "not meant to be an expression of racial hatred, but an expression of racial respect" (Blood and Honor, Page 377). Mr.
DR. THOMA: Justice Jackson called Rosenberg's nationalism a "wild" one. Rosenberg was passionate, but he wanted thereby to overcome class conflict in the nation, which threatened its existence. For a clearer understanding of the facts it may also be said...
THE PRESIDENT: Dr. Thoma, the Tribunal would like you to finish your speech before lunch, if you could possibly summarize some parts of it. I don't know whether that is possible.
DR. THOMA: I shall try to do that, Mr. President. I once more refer to Mr. Jackson's statement that Rosenberg's nationalism, or militarism, was "wild." In this connection I should like to refer only to the fact that such nationalism was a compensatory symptom, which is easily found in a conquered- country. The accusation dealing with anti-Christianity and, neopaganism is something which I have already mentioned, and I should just like to refer to it. I have dealt with the term "master race," mentioning the fact that these words are not found in Rosenberg's works at all. Concerning the Party Program, I stated that Rosenberg did not draft it, but only supplied a commentary upon it, and that it is not a question of what is contained in the Party Program, but rather with what its effect was. I referred to the witness Funk, who stated that his first action and his first program as Minister of Economics had no reference at all to the Party Program, but was simply democratic and liberal. The Party Program was adhered to neither in a positive nor a negative sense. The government was carried on just as in other states, on the basis of general necessity. May it please the Tribunal, I shall turn to the charge that Rosenberg was the delegate of the Fuehrer for the supervision of all education and spiritual ideology within the NSDAP. During the reading of the affidavit by Dr. Eppe I pointed to the fact that Rosenberg, as head of this office, had no executive power, and that Rosenberg interpreted the duties of his office in such a way that he published magazines on all cultural and scientific topics, especially the NS Monatshefte, the polemic political contents of which, after 1933, were more and more superseded by historical, scientific, and cultural subjects. On the basis of all the literature at our disposal it is not in accordance with the facts that Rosenberg interpreted his position as one from which to sow hatred. After 1933 he mainly endeavored to intensify and promote new definite talent.
DR. THOMA: I have said in addition that this nonpolitical office concentrated its efforts on exercising a regulating and guiding influence on all noble and cultural values which manifested themselves. May it please the Tribunal, I shall now turn to the topic: "Morality as a basis of the Indictment." I should like to ask the High Tribunal, even though I do not propose to read this passage, to consider it as having been presented by me. I refer to Pages 82a through 82g, and I should like to ask the High Tribunal for permission not to read this matter and yet to have this matter considered as having been submitted in its entirety and read into the record. I shall now sum up...
THE PRESIDENT: Dr. Thoma, all the speech Will be taken as being presented to the Tribunal. By your summarizing it, you are not excluding it from the record of the Tribunal. The Tribunal will take note of it all.
DR. THOMA: Thank you, Mr. President. I shall now sum up in conclusion, and I should like to point out the following: . . . that he is to be understood as a Phenomenon of psychic compensation, as often appears in a conquered people. In addition, Germany, situated in the middle of Europe, was always exposed to so many political and military dangers that military circles in Germany, particularly after the entrance into the Ruhr in 1923, were necessarily particularly sensitive on national questions. As a German Halt he was brought up in a national way of feeling that led him to expect more of self-assertion and mobilization for defense than of the disappointments resulting from the international negotiations carried on up to that time. He was always ready for an understanding based on equal representation (Document Number no3-Ps, Exhibit Number USA-303). Rosenberg has been further reproached with anti-Christianity and neopaganism. It is true that this reproach was not brought against his theory, but in connection with the persecution of the Christian religion in all its forms which later resulted. Rosenberg was an opponent of Christianity in its-as he sees them- present historical forms, just as he was of Jewry. In place of Christianity he strove for an idealistically, racially, and ethnically conditioned religion, an emotional religion of blood and soil. He thereby attacked both Christianity and Jewry theoretically, and hoped that the Christian Churches would gradually become extinct among the German people, yet it will always have to be admitted that Rosenberg staged no violent persecution. He carried on this battle with intellectual weapons. Here, too, since he expected freedom of conscience for himself, he advocated freedom of conscience for others, and pointed out that with his M y t h and his new religiousness he did not wish to confuse Church believers but to create new spiritual ties for those, too, who had ceased to be believers in the Church.
DR. THOMA: The term "master race," to my knowledge, does not appear in Rosenberg's writings, nor does it fit into Rosenberg's ideology, which proceeds from the race as a general law. Therefore. Rosenberg speaks of the Nordic, Mediterranean, Dinaric race, in relation to races which are biologically different, not in the sense of an arrogant judgment as to value, but in the sense of racial facts, in the sense of honoring the entire human race of Europe. As far as the Party Program is concerned, despite the assertions of the Prosecution, it was not he, Rosenberg, who designed it. Like so many other things, the meaning and action of the Party Program has also been overestimated and exaggerated. It was one of the first deeds of the National Socialist Government to design a reconstruction program, of which the Defendant Funk said that almost any other liberal or democratic government could accept it also. In place of breaking up capital investment, the reinstatement of a sound money and credit system was demanded. I could go on quoting a number of examples, for instance the program of aliens' status for Jews, which was not carried out. The Party Program was never adhered to subsequently either in the positive or the negative sense. Rules were simply enacted as in other states, too, based on the necessities of the moment. The entire ideology of the journalist and author Rosenberg becomes intensifled and is rendered more menacing to peace, according to the Prosecution, by the fact that Rosenberg was nominated the deputy of the Fahrer for the supervision of the entire intellectual and ideological education of the NSDAP. How did this assignment come about and what were the circumstances concerning it? On the basis of his previous experience in the educational work of the Party, its organizational leader asked Rosenberg whether he would not undertake a common intellectual project. Rosenberg answered in the affirmative, ff the Fuehrer £0 desired. Thereupon, on 24 January 1934, the Fuehrer appointed him chief of that office.
DR. THOMA: It was a Party office and had nothing to do with the schools, as is erroneously assumed. The office had no right to issue directives to Reich offices; even any correspondence with them had to be sent via the Party Chancellery. Neither did it have any right to suppress books, et cetera. Even a right to issue directives to the Party was not granted, the more so since the branch school directors were also subordinated to the Reich leaders (SA, SS, HJ). Therefore, from the very beginning Rosenberg did not consider his work as representing the talks of an intellectual police, but as an executive and unifying work, as the central point of the expression and realization of the factual and personal power of conviction and initiative. He had no offices in the various Gaue, not even individual representatives; he agreed to the Gau education leader as his deputy at the same time, in order to maintain a connection with practical) education in the country. The office had many things to review in the course of time, yet it remained limited in extent. It became subdivided into various spheres of work; teaching and education proper, cultivation of literature, the arts, cultural and general problems. About twice a year, for the purpose of comparing tuition experiences, Rosenberg called together the so-called "Working Community for the Instruction of the Entire Movement." In it were represented the educational deputies of the political leadership and its various subdivisions. They reported on their work and expressed their suggestions. On the basis of these suggestions, Rosenberg frequently lectured m the Gaue on appropriate topics, and likewise induced his collaborators to handle such questions in all the subdivisions. These are the two educational meetings which the Prosecution mentioned by reason of their alleged "broad influence on the community schools" as an indication of criminal activity (Volume V, Page 48). This generally executive work found expression particularly in the periodicals of the of flees of Rosenberg's department; primarily in the N. S.
DR. THOMA: Monatshefte, which after 1933 acquired a gradually increasing polemical political content in the interest of handling historical, cultural, and scientific topics. Die Kunstim Deutschen Reich achieved special significance by simply offering the most beautiful examples in the way of contemporary plastic art, excellently presented without discussion. The Buecher Kunde offered a monthly cross section of writings and literary contributions. The monthly periodical Musik devoted itself above all to serious art, the cultivation of the German classics, and without any pettiness toward new creations. The journal Germanisches Erbe published contributions on research in early history the Deutsche Volkskunde was devoted to games, folk songs, peasant customs. Deutsche Dramaturgie described the ambitions and problems of the contemporary theater. Besides this there were special exhibitions of the Iife work of great artists in Rosenberg's exhibition building in Berlin, and book exhibitions in various cities. It is simply not true if the Prosecution declares that Rosenberg used his assignment to disseminate hatred. The essence of his entire work after 1933 went toward a profounder and large-scale promotion of new positive talents. Political polemics in these seven years had almost entirely disappeared. But for the difficulties in the language, one would find, in glancing through the journals and speeches, an honest great effort, whether Rosenberg spoke to youth or to the technicians, teachers, lawyers, workers, professors, women, at meetings of historians, or before the Northern Society. The heads of his offices were instrumental in publishing and promoting valuable works of art: Classics of music, history of the German ancestry, world political libraries, development of German peasantry, and others.
DR. THOMA: In the present impassioned days one is not interested to know of this side of somebody's life work, and therefore I only touch upon it; but I wish to emphasize that it was just that which seemed to Rosenberg, since 1933, to constitute the essential part of his work, and similarly he intended to devote himself in his old age entirely to scientific-cultural research and teaching. I shall permit myself a few more words about this later. Contrary to some opinions which at first appeared necessary, although some individuals may perhaps have looked upon them as rather petty, Rosenberg advocated at the universities of Munich and Halle the right of examining new problems of our times as well as the independence of scientific thinking. He declared that we would have to "feel that we were the intellectual brothers of all those who once in mediaeval times raised the flag for this free research" (Document Book 1, Page 134). Against certain attempts to identify certain scientific physical theories with the Party, he protested in an official declaration which rejected this danger of hairsplitting. "It is not the task of the National Socialist movement," he said in a speech about Copernicus and Rant on 19 February 1939, "to make any regulations for research other than necessarily connected with our philosophy of life" (Document Book 1, Page 173). When a certain trend toward mass statistics, peak figures for the number of visitors, et cetera, developed in the otherwise desirable progress achieved by the German Labor Front, he made a determined stand in favor of emphasis ' on the personal element. He rejected this idea of "mass production" in an address to youth with the words: "One cannot receive art and culture like mass-produced, ready-made clothes in a department store" (Document Book 1, Page 155).
DR. THOMA: Today poisoning of this youth is imputed to him, but on the contrary he asked (Document Book 1, Page 161) for comprehension in teaching on the part of everybody to whose care young people are entrusted, and he decidedly rejected any orders in the intellectual field. With regard to any form of collectivism, as has already been mentioned, he impressed on youth the importance of comradeship, but emphasized the personal element and the right to solitude. When on the grounds of certain occurrences many voices criticized the teaching class, Rosenberg began to fear lest general discrimination against the profession might develop. He took a stand against this danger In two speeches: at a great meeting in October 1934 at Leipzig, and later at the conference of the N.S. Teacher's League at Bayreuth (Document Book 1, Page 162), where he declared that the National Socialist movement would step in and see that the teaching class be respected, just as it would have done for all other professions. By these brief allusions I mean to say that Rosenberg, as a regulating and leading intellectual force, advocated high cultural values and the rights of personality in a manner rendered convincing by his attitude and motives. Throughout the whole Party it was no secret that this activity involved profound opposition to the Propaganda Minister. Rosenberg from the very considered it a calamity that culture and propaganda should be associated in one ministry. For him art was a creed, propaganda a form of tactics. As things at first could not be changed, Rosenberg emphasized his attitude to the outside world by not attending a single annual meeting of the Reich Chamber of Culture, in the firm hope that at some later day another conception would win through.
DR. THOMA: Many things Rosenberg said did not fad to have their effect and certainly prevented some harmful actions, but more, and probably the most important, did not succeed because the legislative and executive powers in the State lay in quite different hands, and these finally, due to the war and in spite of the will to sacrifice, brought about not the development of the National Socialist idea but its degeneration. Moreover, this happened to an extent which Rosenberg could not foresee. It was seen that the foundations for the spiritual education of the Party were not sufficient, and round about 1935 there developed a wish to create a serious place for research and study. This desire led to the idea later known as ``high school," which was intended to take the form of an academy. Rosenberg considered the creation of this academy as a task for his old age. Since it would have taken years to provide tuition material and to choose suitable personnel, the Fuehrer authorized Rosenberg at the end of January 1940 to carry on the preparatory work he had started on official orders. Thus, contrary to what the Prosecution asserts, (Volume V, Page 48) the "high school" had nothing to do with Rosenberg's "Einsatzstab," which was not even planned at that time. Mr. Justice Jackson, in his fundamental speech of 21 November 1945, expressed the desire that this Trial should appear to posterity as the fulfillment of the human yearning for justice. Mr. Jackson furthermore declared that he had brought the Indictment because of conduct which according to its plan and intention meant injustice from the moral and the legal standpoint. In his report of 7 June 1945 Mr. Justice Jackson outlined that by this Trial those actions are to bee punished which since time immemorial have been considered as crimes and are designated as such in any civilized legislation. The most difficult problem, the greatest task, and the most tremendous responsibility for the Tribunal ties concentrated in this single point; What is justice in this Trial?
DR. THOMA: We have no code of laws, we have, however astonishing it may sound, not even any fixed moral concepts for the relations of nations among each other in peace and war. Therefore the Prosecution had to be satisfied with the general terms "civilized conception of justice," "traditional conception of legality," "conception of legality bunt on sound common sense with regard to justice"; they have spoken of "human and divine laws" (Volume VII, Page 78); the Hague Land Warfare Rules refer in their preamble to the "laws of humanity" and to the demands of the public conscience." The basis of justice is without any doubt a morality, the moral law; thus if we wish to determine what injustice among nations is, what is contrary to the idea of justice among nations according to international law, then we must broach the question of morality. The answer will be: everything is moral which our conscience accepts as being moral. But what is the original cause of moral discrimination: desire and happiness of the individual; or progress, improvement, preservation of the life of an individual, of a people, of humanity; or virtue; or duty? How can we recognize what is good and what is bad? By intuition, or by experience, or by authoritarian and religious education? What is good and bad in the actions of a State, what is good and bad in the mutual relationship between nations? Does a difference exist between national morals and private morals? Can the State commit any injustice at all? From Saint Augustine through Machiavelli and Nietzsche to Hegel, Tolstoy, and the pacifist thinkers, yearning humanity has received the most different answers to this question. And furthermore: Have fixed moral laws existed since time immemorial or have changes in the ideals of nations brought about changes in morals, too? What is the situation with regard to this today? I have already said once that, according to my opinion, war itself is a brutality and a great crime of humanity against itself and the laws of life.
DR. THOMA: An essentially different question is whether this conviction has already entered the conscience of humanity. We consider ourselves far above the moral level of former nations and ages, and are, for example, surprised to find that the highest representatives of Greek morality such as Plato and Aristotle consider abandoning of children slavery to be absolutely right, or that in certain parts of East Africa even today only robbery and murder give a man the stamp of heroism; on the other hand it is absolutely compatible with our present-day idea of morality that human beings are killed by hundreds of thousands in war and that the products of human welfare and culture are wantonly destroyed. Neither in a Moral nor in a legal sense is this considered as unjust. If the Prosecution now charges the defendant with a wrong in the moral or legal sense, it is its duty to present the prerequisites for a punishment of the defendant, in such a way as to convince the Court, for, according to the hitherto existing moral concepts of nations, killing in war is not murder within the meaning of the penal codes of the individual countries, and the measures of a sovereign country in war or in peace have never been interpreted as an offense within the meaning of these penal codes or as punishable and immoral acts by the legal convictions of civilized humanity. Christianity teaches us to return good for evil and to love one's enemies; this has been a world religion for 2,000 years, but many people today will laugh outright if one should venture to claim certain principles for the relations of nations between each other.