dtufail/nuremberg-trials-corpus huggingface dataset:
MR. ALDERMAN: That the Nazis, but not the Austrian Government, did well to trust Seyss-Inquart is indicated by the next document. I propose to offer in evidence Document 2219-PS as Exhibit USA-62. This is a letter dated 14 July 1939, addressed to Field Marshal Goering. The document is a typed carbon of the letter. It ends with the "Heil Hitler" termination, and it is not signed, but we think it was undoubtedly written by Defendant Seyss-Inquart. It was the carbon copy found among Seyss-Inquart's personal files, and such carbon copies kept by authors of letters usually are not signed. On the first page of the letter there appears a note in ink, not indicated in the partial English translation, reading, "Air Mail, 15 July, 1515 hours, Berlin, brought to Goering's office." The main text of the letter consists of a plea for intercession on behalf of one Muhlmann, whose name we shall meet later, and who, unfortunately, got into Buerckel's bad graces. I shall quote the extract part of the document which has been translated into English, and which starts, I believe, on Page 7 of the German text: "At present in Vienna, 14 July 1939; "To the General Field Marshal "Sir: "If I may add something about myself, it is the following: I know that I am not of an active fighting nature, unless final decisions are at stake. At this time of pronounced activism" -Aktivismus-"this will certainly be regarded as a fault of my personality. Yet I know that I cling with unconquerable tenacity to the goal in which I believe, that is Greater Germany"-Grossdeutschland-"and the Fuehrer. And if some people are already tired out from the struggle and some have been killed in the fight, I am still around somewhere and ready to go into action. This, after all, was also the development until the year 1938. Until July 1934, I conducted myself as a regular member of the Party.
MR. ALDERMAN: And if I had quietly, in whatever form, paid my membership dues (the first one, according to a receipt, I paid in December 1931) I probably would have been an undisputed, comparatively old fighter and Party member of Austria, but I would not have done any more for the union. I told myself in July 1934 that we must fight this clerical regime on its own ground in order to give the Fuehrer a chance to use whatever method he desired." -I would like to call particular attention to that sentence.- "I told myself that this Austria was worth a mass. I have stuck to this attitude with an iron determination because I and my friends had to fight against the whole political church, the Freemasonry, the Jewry, in short, against everything in Austria. The slightest weakness which we might have displayed would undoubtedly have led to our political annihilation; it would have deprived the Fuehrer of the means and tools to carry out his ingenious political solution for Austria, as became evident in the days of March 1938. I have been fully conscious of the fact that I am following a path which is not comprehensible to the masses and also not to my Party comrades. I followed it calmly and would without hesitation follow it again, because I am satisfied that at one point I could serve the Fuehrer as a tool in his work, even though my former attitude even now gives occasion to very worthy and honorable Party comrades to doubt my trustworthiness. I have never paid attention to such things because I am satisfied with the opinion which the Fuehrer and the men close to him have of me." That letter was written to one of the men close to him-Field Marshal Goering.
MR. ALDERMAN: I think that suffices to demonstrate Seyss-Inquart as one whose loyalty to Hitler, a foreign dictator, and to the aims of the Nazi conspiracy, led him to fight for the Anschluss with all the means at his disposal It is appropriate at this time to offer in evidence a document from the Defendant Von Papen, and to see how he thought the doctrines of National Socialism could be used to effect the aim of the Anschluss. I offer Document 2248-PS as Exhibit USA-63. This document is a letter from Von Papen to Hitler, dated July 27, 1935. It consists of a report entitled, "Review and Outlook 1 Year after the Death of Chancellor Dollfuss." After reviewing the success that the Austrian Government had had in establishing Dollfuss as a martyr, and his principles as the patriotic principles of Austria, Von Papen stated-and I quote the last paragraph of the letter, beginning on Page 1 (Page 146 of the German text): "National Socialism must and will overpower the new Austrian ideology. If today it is contended in Austria that the NSDAP is only a centralized Reich German Party and therefore unable to transfer the spirit of thought of National Socialism to groups of people of a different political makeup, the answer must rightly be that the national revolution in Germany could not have been brought about in a different way. But when the creation of the people's community in the Reich will be completed, National Socialism could, in a much wider sense than this is possible through the present Party organization-at least apparently-certainly become the rallying point for all racially German units beyond the borders. Spiritual progress in regard to Austria cannot be achieved today with any centralized tendency. If this recognition would once and for all be stated clearly from within the Reich, then it would easily become possible to effect a break-through into the front of the New Austria.
MR. ALDERMAN: A Nuremberg Party Day designated as 'The German Day' as in old times and the proclamation of a National Socialistic peoples' front would be a stirring event for all beyond the borders of the Reich. Such attacks would win us also the particularistic Austrian circles, whose spokesman, the legitimistic Count Dubsky, wrote in his pamphlet about the Anschluss: 'The Third Reich will be with Austria, or it will not be at all. National Socialism must win it or perish if it is unable to solve this task."' We have other reports from Von Papen to Hitler which I shall offer in evidence presently, showing that he maintained covert contact with the National Socialist groups in Austria. It is certainly interesting that from the very start of his mission, Defendant Von Papen was thinking of ways and means of using the principle of National Socialism for national Germans outside the border of Germany. Papen was working for the Anschluss, although he preferred to use the principles of National Socialism rather than rely on the Party organization as a necessary means of establishing those principles in the German Reich. Next we have some assurance and reassurance to Austria. The German Government did no more than keep up a pretense of noninterference with Austrian groups. It employed the psychological inducement of providing assurances that it had no designs on Austrian independence. If Austria could find hope for the execution of those assurances, she could find her way clear to the granting of concessions and obtain relief from the economic and internal pressure. I offer Document 2247-PS in evidence as Exhibit USA-64. It is a letter from Von Papen, while in Berlin, to Hitler, dated May 17, 1935. Von Papen's letter indicated to Hitler that a forthright credible statement by Germany reassuring Austria, would be most useful for German diplomatic purposes and for the improvement of relationships between Austria and German groups in Austria.
MR. ALDERMAN: He had a scheme for pitting Schuschnigg and his Christian Social forces against Starhemberg, the Vice Chancellor of Austria, who was backed by Mussolini. Von Papen hoped to persuade Schuschnigg to ally his forces with the NSDAP in order to emerge victorious over Starhemberg. Von Papen indicates that he obtained this idea from Captain Leopold, leader of the illegal National Socialists in Austria. I quote from his letter, starting at the second paragraph of the second page. This is Von Papen writing to "Mein Fuehrer" Hitler: "I suggest that we take an active part in this game. The fundamental idea should be to pit Schuschnigg and his Christian Social forces, who are opposed to a home-front dictatorship, against Starhemberg. The possibility of thwarting the measures arranged between Mussolini and Starhemberg should be afforded to him in such a way that he would submit the offer to the Government of a definitive German-Austrian compromise of interests. According to the convincing opinion of the leader of the NSDAP in Austria, Captain Leopold, the totalitarian principle of the NSDAP in Austria must be replaced in the beginning by a combination of that part of the Christian Social elements which favors the Greater Germany idea and the NSDAP. If Germany recognizes the national independence of Austria and guarantees full freedom to the Austrian national opposition, then, as a result of such a compromise, the Austrian Government would be formed in the beginning by a coalition of these forces.... A further consequence of this step would be the possibility of the participation of Germany in the Danube Pact, which would take the sting out of its acuteness due to the settlement of relations between Germany and Austria. Such a measure would have a most beneficial influence on the European situation, and especially on our relationship with England. "One may object that Schuschnigg will hardly be determined to follow such a pattern, that he will rather in all probability immediately communicate our offer to our opponents.
MR. ALDERMAN: "Of course, one should first of all explore the possibility of setting Schuschnigg against Starhemberg through the use of go-betweens. The possibility exists. If Herr Schuschnigg finally says 'no' and makes our offer known in Rome, then the situation would not be any worse, but on the contrary, the efforts of the Reich Government to make peace with Austria would be revealed, without prejudice to other interests. Therefore, even in the case of refusal this last attempt would be an asset. I consider it completely possible, that in view of the farspread dislike in the Alpine countries of the pro-Italian course, and in view of the sharp tensions between the Federal Government"-Bundesregierung-"Herr Schuschnigg will grasp this last straw, always under the supposition that the offer could not be interpreted as a trap by the opponents, but that it bears all the marks of an actually honest compromise with Austria. "Assuming success of this step we would again establish our active intervention in central European politics, which, as opposed to the French Czech, and Russian political maneuvers, would be' a tremendous success, both morally and practically. "Since there are 2 weeks left to accomplish very much work in the way of explorations and conferences, an immediate decision is necessary. "The Reich Army Minister"-Reichswehrminister-"shares the opinion presented above, and the Reich Foreign Minister" -Reichsaussenminister-"wants to discuss it with you, my Fuehrer." -Signed-"Papen." In other words, Von Papen wanted a strong assurance and a credible assurance of the preservation of Austria's independence. As he put it, Germany Ald nothing to lose with what it could always call a mere effort at peace, and she might be able to convince Schuschnigg to establish an Austrian coalition government with the NSDAP. If she did this, she would vastly strengthen her position in Europe. Finally Von Papen urged haste.
MR. ALDERMAN: Exactly 4 days later, in a Reichstag address, Hitler responded to Von Papen's suggestion, and asserted: "Germany neither intends nor wishes to interfere in the internal affairs of Austria, to annex Austria or to conclude an Anschluss." The British will present a document covering that speech. I merely wanted to use one sentence at this point. It is a sentence quite well known to history. It is appropriate to take notice of this assurance at this point, and to note that for a complexity of reasons Von Papen suggested, and Hitler announced, a policy completely at variance with their intentions, which had been, and continued to be, to interfere in Austria's internal affairs and to conclude an Anschluss. There was then a temporary continuance of a quiet pressure policy. On May 1, 1936, Hitler blandly in a public speech branded as a lie any statement that "tomorrow or the day after" Germany would fall upon Austria. I invite the Court's attention to the version of the speech appearing in the Volkischer Beobachter , SD-that is South Germany-2 to 3 May 1936, Page 2, and translated in our Document 2367-PS. Without offering that document, I ask the Court to take judicial notice of that statement in that well-known speech. If Hitler meant what he said, it was only in the most literal and misleading sense, that is, that he would not actually fall upon Austria "tomorrow or the day after tomorrow." For the conspirators well knew that the successful execution of their purpose required for a little while longer the quiet policy they had been pursuing in Austria. I now offer in evidence our Document L-150, "Memorandum of Conversation between Ambassador Bullitt and the Defendant Von Neurath, on 18 May 1936" as Exhibit USA-65. This document unfortunately again appears in your document books in German. Due to an error, it has not been mimeographed in English. German counsel have the German copies. I shall read from it and at the same time, hand to the interpreter reading the German, a marked copy of a German translation.
MR. ALDERMAN: I might read one sentence from the first paragraph: "I called on Von Neurath, Minister of Foreign Affairs, on May 18 and had a long talk on the general European situation. "Von Neurath said that it was the policy of the German Government to do nothing active in foreign affairs until the Rhineland had been 'digested.' "He explained that he meant until the German fortifications had been constructed on the French and Belgian frontiers, the German Government would do everything possible to prevent, rather than encourage, an outbreak by the Nazis in Austria and would pursue a quiet line with regard to Czechoslovakia. 'As soon as our fortifications are constructed and the countries of Central Europe realize that France cannot enter German territory, all these countries will begin to feel very differently about their foreign policies and a new constellation will develop."' I skip then two paragraphs. "Von Neurath then stated that no understanding had been reached between Germany and Italy, and admitted that the demonstrations of friendship between Germany and Italy were mere demonstrations without basis in reality. He went on to say that at the present time he could see no way to reconcile the convicting interests of Germany and Italy in Austria. He said that there were three chief reasons why the German Government was urging the Austrian Nazis to remain quiet at the present time: "The first was that Mussolini had today the greater part of his army mobilized on the Austrian border, ready to strike, and that he would certainly strike if he should have a good excuse. "The second reason for urging Austrian Nazis to remain quiet for the present was that the Nazi movement was growing stronger daily in Austria.
MR. ALDERMAN: The youth of Austria was turning more and more towards the Nazis, and the dominance of the Nazi Party in Austria was inevitable and only a question of time." The third reason was that until the German fortifications had been constructed on the French border, an involvement of Germany in war with Italy might lead to a French attack on Germany. But if Germany was not yet ready for open conflict in Austria, her diplomatic position was vastly improved over 1934, a fact which influenced Austria's willingness to make concessions to Germany and to come to terms. I quote again from the Messersmith affidavit, Page 11 of the English text. That is Document 1760-PS. "Developments in the fall of 1935 and the spring of 1936 gave Germany an opportunity to take more positive steps in the direction of the Nazification of Austria. Italy, which had given Austria assurance of support of the most definite character against external German aggression and on one occasion, by mobilizing her forces, had undoubtedly stopped German aggressive action which had been planned against Austria, embarked on her Abyssinian adventure. This and the reoccupation of the Rhineland in 1936 completely upset the balance in Europe. It is quite obvious that after Italy had launched her Abyssinian adventure, she was no longer in any position to counter German aggressive moves against Austria." This weakening of Austria helped to pave the way for the pact of July 11, 1936. On July 11, 1936 the Governments of Austria and Germany concluded an accord. That will be offered in evidence also by the British Delegation. I merely ask at this point, that the Tribunal take judicial notice of the fact that such an accord was entered into. The formal part of the agreement of July 11, 1936 will also be proved by our British colleagues. For convenient reference, it will be found in the Document which the British will offer, TC-22, and the substance of it is also contained on Pages 11 and 12 of Mr. Messersmith's affidavit, 1760-PS.
MR. ALDERMAN: Upon the basis of this fight alone, the agreement looked like a great triumph for Austria. It contains a confusing provision to the effect that Austria in her policy, especially with regard to Germany, would regard herself as a German state, but the other two provisions clearly state that Germany recognizes the full sovereignty of Austria and regards the inner political order of Austria, including the question of Austria and National Socialism, as an internal concern of Austria upon which Germany will exercise neither direct nor indirect influence. But there was much more substance to the day's events than appears in the text of the accord. I refer to Mr. Messersmith's summary as set forth on Page 12 of his affidavit, 1760-PS, as follows: "Even more important than the terms of the agreement published in the official communique, was the contemporaneous informal understanding, the most important provisions of which were that Austria would: "(1) Appoint a number of individuals enjoying the Chancellor's confidence but friendly to Germany, to positions in the Cabinet; (2) with the devised means to give the national opposition role in the political life of Austria within the framework of the Patriotic Front; and (3) with amnesty for all Nazis, save those convicted of the most serious offenses." This amnesty was duly announced by the Austrian Government and thousands of Nazis were released, and the first penetration of Deutsch-National into the Austrian Government was accomplished by the appointment of Dr. Guido Schmidt as Secretary of State for Foreign Affairs and Dr. Edmund Glaise-Horstenau as Minister without portfolio. I now offer in evidence Document 2994-PS, which is an affidavit by Kurt van Schuschnigg, Foreign Chancellor of Austria, executed at Nuremberg, Germany, on 19 November 1945. I offer this as Exhibit USA-66. The defendants have received German translations of that evidence.
DR. LATERNSER: In the name of the accused, Seyss-Inquart, I wish to protest against the presentation of written evidence by the witness Von Schuschnigg for the following reasons: Today, when a resolution was announced, with respect to the use to be made of the written evidence of Mr. Messersmith, the Court was of the opinion that in a case of very great importance it might possibly take a different view of the matter. With respect to the Austrian conflict this is the case, since Schuschnigg is the most important witness, the witness who was affected at the time in his position as Federal Chancellor. In the case of such an important witness, the principle of direct evidence must be adhered to, in order that the Court be in a position to ascertain the actual truth in this case. The accused and his defense counsel would feel prejudiced in his rights granted by the Charter, should direct evidence be circumvented. I must, therefore, uphold my viewpoint since it can be assumed that the witness Von Schuschnigg will be able to confirm certain facts which are in favor of the accused Seyss-Inquart. I therefore make the motion to the Court that the written evidence of the witness Von Schuschnigg be not admitted.
THE PRESIDENT: If you have finished, the Tribunal will hear Mr. Alderman.
MR. ALDERMAN: May it please the Tribunal, at this point I am simply proposing to offer this affidavit for the purpose of showing the terms of the secret understanding between the German and Austrian Governments in connection with this accord. It is not for any purpose to incriminate the Defendant Seyss-Inquart that it is being offered at this point.
DR. LATERNSER: May I add to my motion that the witness, Von Schuschnigg, on 19 November 1945, was questioned in Nuremberg, and that if an interrogation on 19 November was possible, then a short time later-that is now-it ought to be possible to call him before the Court, especially as the interrogation before this court is of special importance.
THE PRESIDENT: The Tribunal will recess now to consider this question. [A recess was taken.]
THE PRESIDENT: The Tribunal has considered the objection to the affidavit of Von Schuschnigg and upholds the objection. If the Prosecution desires to call Von Schuschnigg as a witness, it can apply to do so. Equally if the Defense wishes to call Von Schuschnigg as a witness, it can. apply to do so. In the event Von Schuschnigg is not able to be produced, the question of affidavit-evidence by Von Schuschnigg being given will be reconsidered.
MR. ALDERMAN: May it please the Tribunal, in view of the strategy and tactics of the Nazis' concessions as indicated in the portion of the Messersmith affidavit that I read, substantial concessions were made by Austria to obtain Germany's diplomatic formal assurance of Austrian independence and non-intervention in Austrian internal affairs. The release of imprisoned Nazis presented potential police problems, and as Mr. Messersmith pointed out in a 1934 dispatch to the United States State Department quoted on Pages 12 to 13 of his affidavit: "Any prospect that the National Socialists might come to power would make it more difficult to obtain effective police and judicial action against the Nazis for fear of reprisals by the future Nazi Government against those taking action against Nazis even in the line of duty. The preservation of internal peace in Austria was less dependent upon Germany's living up to her obligations under the accord." Next, Germany's continuing program of weakening the Austrian Government. In the pact of 11 July 1936 Germany agreed not to influence directly or indirectly the internal affairs of Austria, including the matter of Austrian National Socialism. On 16 July 1936, just 5 days later, Hitler violated that provision. I quote from Document 812-PS, which is Exhibit USA-61, the reports of Gauleiter Rainer to Commissioner Turnkey, all of which were forwarded to the Defendant Seyss-Inquart-Page 6 of the English, and I believe, also Page 6 of the German version. "At that time the Fuehrer wished to see the leaders of the Party in Austria in order to tell them his opinion on what Austrian National Socialists should do. Meanwhile Hinterleitner was arrested, and Dr. Rainer became his successor and leader of the Austrian Party. On 16 July 1936 Doctor Rainer and Globocnik visited the Fuehrer at the Obersalzberg where they received a clear explanation of the situation and the wishes of the Fuehrer.