Chapter V.

“_The Navy_ “_Fulfillment and avoidance of the Versailles Treaty_ “_Foreign Countries_

“(a) _The inter-allied Control Commissions._

“(b) _Defense measures against the fulfillment of the Versailles Treaty and independent arming behind the back of the Reich Government and the legislative bodies._

“1. Dispersal of artillery gear and munitions, of hand and automatic weapons.

“2. Limitation of demolition work in Heligoland.

“3. Attempt to strengthen personnel of the navy, from 1923.

“4. The activities of Captain Lohmann (founding of numerous associations at home and abroad, participations, formation of “sports” unions and clubs, interesting the film industry in naval recruitment).

“5. Preparation for re-establishing the German U-boat arm since 1920. (Projects and deliveries for Japan, Holland, Turkey, Argentine and Finland. Torpedo testing.)

“6. Participation in the preparation for building of the Luftwaffe (preservation of aerodromes, aircraft construction, teaching of courses, instruction of midshipmen in anti-air raid defense, training of pilots).

“7. Attempt to strengthen the mining branch.

_Part C (1925-1932. Replacement of Tonnage)_ Chapter IV. “_The Navy, The Versailles Treaty, Foreign Countries._

“(a) _The activities of the Inter-allied Control Commissions (up to 31.1.27; discontinuance of the activity of the Naval Peace Commission)_

“_Independent armament measures behind the back of the Reich Government and legislative bodies up to the Lohmann case._

“1. The activities of Captain Lohmann (continuation), their significance as a foundation for the rapid reconstruction work from 1935.

“2. Preparation for the re-strengthening of the German U-boat arm from 1925 (continuation), the merit of Lohmann in connection with the preparation for rapid construction in 1925, relationship to Spain, Argentine, Turkey: the first post war U-boat construction of the German Navy in Spain since 1927; 250 ton specimen in Finland, preparation for rapid assembly; electric torpedo; training of U-boat personnel abroad in Spain and Finland. Formation of U-boat school in 1932 disguised as an anti-U-boat school.

“3. Participation in the preparation for the reconstruction of the Luftwaffe (continuation). Preparations for a Naval Air Arm, Finance Aircraft Company Sevra, later Luftdienst CMRH; Naval Flying School Warnemunde; Air Station List, training of sea cadet candidates, Military tactical questions “Air Defense Journeys”, technical development, experimental station planning, trials, flying boat development DOX etc., catapult aircraft, arming, engines ground organization, aircraft torpedoes, the Deutschland Flight 1925 and the Seaplane Race 1926.

“4. Economic rearmament (“the Tebeg”—Technical Advice and Supply Company as a disguised Naval Office abroad for investigating the position of raw materials for industrial capacity and other War economic questions.)

“5. Various measures. (The NV Aerogeodetic Company—secret investigations.)

“(c) _Planned armament work with the tacit approval of the Reich government, but behind the backs of the legislative bodies_ (1928 to the taking over of power.)

“1. The effect of the Lohmann case on the secret preparations; winding up of works which could not be advocated; resumption and carrying on of other work.

“2. Finance question. (“Black Funds” and the Special Budget).

“3. The Labor Committee and its objectives.

“(d) _The Question of Marine Attaches_ (The continuation under disguise; open re-appointment 1932-1933).

“(e) _The question of Disarmament of the Fleet abroad and in Germany_ (The Geneva Disarmament Conference 1927; the London Naval Treaty of 1930; the Anglo-French-Italian Agreement 1931. The League of Nations Disarmament Conference 1932).

“_Part D (1933-1939. The Germany Navy during the Military Freedom Period)_

“I. National Socialism and the question of the Fleet and of prestige at sea.

“II. Incorporation of the navy in the National Socialist State.”

“III. The Re-armament of the Navy under the Direction of the Reich Government in a Disguised Way.” (_C-17_)

The policy development of the navy is also reflected from the financial side. The planned organization of the navy budget for armament measures was based on a co-ordination of military developments and political objectives. Military-political development was accelerated after the withdrawal from the League of Nations. (_C-17_)

A captured document, entitled “_Chef der Marineleitung_, Berlin, 12 May 1934,” and marked “Secret Commando Matter,” discusses the “Armament Plan (A.P.) for the 3rd Armament Phase.” (_C-153_). This document, which bears the facsimile signature of Raeder at the end, speaks of war tasks, war and operational plans, armament target, etc., and shows that it was distributed to many of the High Command of the Navy. Dated 12 May 1934, it shows that a primary objective was readiness for a war without any alert period. The following are pertinent extracts:

* * * “The planned organization of armament measures is necessary for the realization of the target; this again requires a coordinated and planned expenditure in peace time. This organization of financial measures over a number of years according to the military viewpoint is found in the armament program and provides

“_a._ for the _military leaders_ a sound basis for their operational considerations and

“_b._ for the political leaders a clear picture of what may be achieved with the military means available at a given time.”

* * * * * *

“All theoretical and practical A-preparations are to be drawn up with a primary view to readiness for a war without any alert period.” (C-153)

The conspiratorial nature of these Nazi plans and preparations long before the outbreak of hostilities is illustrated in many other ways. Thus, in 1934, Hitler instructed Raeder to keep secret the U-Boat construction program; also the actual displacement and speed of certain ships. Work on U-Boats had been going on, as already indicated, in Holland and Spain. The Nazi theory was ingenious in that respect. The Versailles Treaty forbade re-arming by the Germans in Germany, but the Nazis said it did not forbid them to rearm in Holland, Spain, and Finland.

Secrecy was equally important then because of the pending naval negotiations with England. The subject was discussed in a conversation between Raeder and Adolf Hitler in June 1934. The record of that conversation (_C-189_) is not signed by Raeder, but in an interrogation on 8 November 1945, Raeder admitted that (_C-189_) was a record of this conversation, and that it was in his handwriting, though he did not sign his name at the end. The report is headed, “Conversation with the Fuehrer in June 1934 on the occasion of the resignation of the Commanding Officer of the _Karlsruhe_.” It reads:

“1. Report by the C-in-C Navy concerning displacement of D. and E. (defensive weapons).

“Fuehrer’s instructions: No mention must be made of a displacement of 25-26,000 tons, but only of improved 10,000-ton (ships). Also, the speed over 26 nautical miles may be stated.

“2. C-in-C Navy expresses the opinion that later on the Fleet must anyhow be developed to oppose England, that therefore from 1936 onwards, the large ships must be armed with 35 c.m. guns (Like the King George Class).

“3. The Fuehrer demands to keep the construction of the U-Boats completely secret. Plebiscite also in consideration of the Saar.” (_C-189_)

In order to continue the increase in navy strength, as planned, more funds were needed than the navy had available. Hitler therefore proposed to put funds of the Labor Front at the disposal of the navy. This appears from another Raeder memorandum of a conversation between Raeder with Hitler, on 2 November 1934 (_C-190_). This report, again, is not signed, but it was found in Raeder’s personal file and seems clearly his memorandum. It is headed: “Conversation with the Fuehrer on 2.11.34 at the time of the announcement by the Commanding Officer of the “Emden”. It reads:

“1. When I mentioned that the total funds to be made available for the armed forces for 1935 would presumably represent only a fraction of the required sum, and that therefore it was possible that the navy might be hindered in its plans, he replied that he did not think the funds would be greatly decreased. He considered it necessary that the navy be speedily increased by 1938 with the deadlines mentioned. In case of need, he will get Dr. Ley to put 120-150 million from the Labor Front at the disposal of the navy, as the money would still benefit the workers. Later in a conversation with Minister Goering and myself, he went on to say that he considered it vital that the navy be increased as planned, as no war could be carried on if the navy was not able to safeguard the ore imports from Scandinavia.

“2. Then, when I mentioned that it would be desirable to have six U-Boats assembled at the time of the critical situation in the first quarter of 1935, he stated that he would keep this point in mind, and tell me when the situation demanded that the assembling should commence.” (_C-190_)

Then there is an asterisk and a note at the bottom:

“The order was not sent out. The first boats were launched in the middle of June 35 according to plan.” (_C-190_)

The development of the armament industry by the use of foreign markets was a program encouraged by the navy, so that this industry would be able to supply the requirements of the navy in case of need. A directive of Raeder, dated 31 January 1933, and classified “Secret Commando Matter,” requires German industry to support the armament of the navy (_C-29_). It provides:

“_TOP SECRET_ _General directions for support given by the German Navy to the German Armament Industry_

“The effects of the present economic depression have led here and there to the conclusion that there are no prospects of an active participation of the German Armament Industry abroad, even if the Versailles terms are no longer kept. There is no profit in it and it is therefore not worth promoting. Furthermore, the view has been taken that the increasing “self-sufficiency” would in any case make such participation superfluous.

“However obvious these opinions may seem, formed because of the situation as it is today, I am nevertheless forced to make the following contradictory corrective points:

“_a._ The economic crisis and its present effects must perforce be overcome sooner or later. Though equality of rights in war politics is not fully recognized today, it will, by the assimilation of weapons, be achieved at some period, at least to a certain extent,

“_b._ The consequent estimation of the duties of the German Armament Industry lies mainly in the _Military-political_ sphere. It is impossible for this industry to satisfy, militarily and economically, the growing demands made of it by limiting the deliveries to our own armed forces. Its capacity must therefore be increased by the delivery of supplies to foreign countries over and above our own requirements.

“_c._ Almost every country is working to the same end today, even those which, unlike Germany, are not tied down by restrictions. Britain, France, North America, Japan, and especially Italy are making supreme efforts to ensure markets for their armament industries. The use of their diplomatic representations, of the propaganda voyages of their most modern ships and vessels, of sending missions and also of the guaranteeing of loans and insurance against deficits are not merely to gain commercially advantageous orders for their armament industries, but first and foremost to expand their output from the point of view of military policy.

“_d._ It is just when the efforts to do away with the restrictions imposed on us have succeeded, that the German Navy has an ever-increasing and really vital interest in furthering the German Armament Industry and preparing the way for it in every direction in the competitive battle against the rest of the world.

“_e._ If, however the German Armament Industry is to be able to compete in foreign countries, it must inspire the _confidence_ of its purchasers. The condition for this is that secrecy for our own ends be not carried too far. The amount of material to be kept secret under all circumstances in the interest of the defence of the country is comparatively small. I would like to issue a warning against the assumption that, at the present stage of technical development in foreign industrial states, a problem of vital military importance which we perhaps have solved, has not been solved there. Solutions arrived at today, which may become known, if divulged to a third person by naturally always possible indiscretion, have often been already superseded by new and better solutions on our part, even at that time or at any rate after the copy has been made. It is of greater importance that we should be technically well to the fore in any really fundamental matters, than that less important points should be kept secret unnecessarily and excessively.

“_f._ To conclude: I attach particular importance to guaranteeing the continuous support of the industry concerned by the navy, even after the present restrictions have been relaxed. If the purchasers are not made confident that something special is being offered them, the industry will not be able to stand up to the competitive battle and therefore will not be able to supply the requirements of the German Navy in case of need.” (C-29)

This surreptitious rearmament, in violation of treaty obligations, starting even before the Nazi came into power, is illustrated by a 1932 order of Raeder, chief of the naval command, addressed to the main naval command, regarding the concealed construction of torpedo tubes in E-Boats (_C-141_). He ordered that torpedo tubes be removed and stored in the naval arsenal but be kept ready for immediate refitting. By using only the number permitted under the Treaty, at a given time, and by storing them after satisfactory testing, the actual number of operationally effective E-Boats was constantly increased.

This German order for the concealed armament of E-Boats, issued by Raeder on 10 February 1932, provides:

“In view of our treaty obligations and the Disarmament Conference steps must be taken to prevent the 1st E-Boat-Half-Flotilla, which in a few months will consist of exactly similar newly built (E)-Boats, from appearing openly as a formation of torpedo-carrying boats as it is not intended to count these E-Boats against the number of torpedo-carrying boats allowed us.

“I therefore order:

“1. S2-S5, will be commissioned in the shipyard Luerssen, Vegesack without armament, and will be fitted with easily removable cover-sheet-metal on the spaces necessary for torpedo-tubes. The same will be arranged by T.M.I. [Inspectorate of Torpedoes and Mining] in agreement with the naval arsenal, for the Boat ‘S1’ which will dismantle its torpedo-tubes, on completion of the practice shooting, for fitting on another boat.

“2. The torpedo-tubes of all S-Boats will be stored in the naval arsenal ready for immediate fitting. During the trial runs the torpedo-tubes will be taken on board one after the other for a short time to be fitted and for practice shooting so that only one boat at a time carries torpedo armament. For public consumption this boat will be in service for the purpose of temporary trials by the T.V.A. [Technical Research Establishment].

“It should not anchor together with the other, unarmed boats of the Half-Flotilla because of the obvious similarity of type. The duration of firing, and consequently the length of time the torpedo-tubes are aboard, is to be as short as possible.

“3. Fitting the torpedo-tubes on all E-Boats is intended as soon as the situation of the political control allows it.” (_C-141_)

Along similar lines the navy was also carrying on the concealed preparation of auxiliary cruisers, under the disguised designation of Transport Ships O. The preparations under this order were to be completed by 1 April 1935. At the very time of construction of these ships as commercial ships, plans were made for their conversion. This was the result of a Top Secret order from the command office of the navy, dated 12 March 1934, and signed in draft by Groos. This order bears the seal of the _Reichministerium, Marineleitung_, over the draft signature. It provides:

“Subject: Preparation of Auxiliary Cruisers.

“It is intended to include in the Establishment Organization 35 (_AG-Aufstellungsgliederung_) a certain number of auxiliary cruisers which are intended for use in operations on the high seas.

“In order to disguise the intention and all the preparations the ships will be referred to as “Transport Ships O”. It is requested that in future this designation only will be used.

“The preparations are to be arranged so that they can be completed by 1.4.35.” (_C-166_)

In the official navy files, notes were kept year by year, from 1927 to 1940, on the reconstruction of the German Navy. One of these notes discloses that the displacement of the battleship “_Scharnhorst-Gneisenau_” was actually greater than the tonnage which had been notified to the British under the treaty obligations:

“The true displacement of the battleship ‘_Scharnhorst-Gneisenau_’ _and_ ‘F/G’ exceeds by 20 percent in both cases the displacement reported to the British.” (_C-23_)

There is annexed to this document a table with reference to different ships, and two columns, headed “Displacement by Type”; one column reads “Actual Displacement,” and the other, “Notified Displacement.” The actual displacement of the “_Scharnhorst_”, is thus shown to be 31,300 tons, although the notified displacement was only 26,000 tons. On the “F/G” actual was 41,700, while notified was 35,000. On the “HI”, actual was 56,200 tons, while notified was 46,850. And so on down the list. (_C-23_)

In these notes there also occurs the statement:

“In a clear cut program for the construction, the Fuehrer and Reich Chancellor has set the navy the task of carrying out the aims of his foreign policy.” (_C-23_)

The German Navy constantly planned and committed violations of armament limitation, and with characteristic German thoroughness had prepared superficial pretexts to explain away these violations. Following a conference with the chief of “A” section [the military department of the Navy], an elaborate survey list was prepared and compiled, giving a careful list of the quantity and type of German naval armament and ammunition on hand under manufacture or construction (_C-32_). A statement of the justification or defense that might be used was included in those instances where the Versailles Treaty was violated or its allotment has been exceeded. The list contained 30 items under “Material Measures” and 14 items under “Measures of Organization.” The variety of details covered necessarily involved several sources within the navy, which must have realized their significance.

This Top Secret document, which is headed “A Survey Report of German Naval Armament after Conference with Chief of “A” Section, dated 9 September 1933,” contains three columns, one headed “Measure,” one headed “Material Measures, Details,” and the third headed “Remarks.” The “Remarks” contain the pretext or justification for explaining away the violations of the treaty. The following are examples:

“1. Exceeding the permitted number of mines.” Then figures are given. “Remarks: Further mines are in part ordered, in part being delivered.” (_C-32_)

“Number 2. Continuous storing of guns from the North Sea area for Baltic artillery batteries.” The remarks column reads, “Justification: Necessity for over-hauling. Cheaper repairs.” (_C-32_)

“Number 6. Laying gun-platforms in the Kiel area.” Remarks: “The offense over and above that in serial number 3 lies in the fact that all fortifications are forbidden in the Kiel area. This justification will make it less severe; pure defense measures.” (_C-32_)

“Number 7. Exceeding the calibre permitted for coastal batteries.” Remarks: “Possible justification is that, though the calibre is larger, the number of guns is less.” (_C-32_)

“Number 8. Arming of mine-sweepers.” Remarks: “The guns are taken from the fleet reserve stores, have been temporarily installed only for training purposes. All nations arm their mine-sweeping forces (equality of rights).” (_C-32_)

“Number 13. Exceeding the number of machine guns, et cetera, permitted.” Remarks: “Can be made light of.” (_C-32_)

“Number 18. Construction of U-boat parts.” Remarks: “Difficult to detect. If necessary can be denied.” (_C-32_)

“Number 20. Arming of fishing vessels.” Remarks: “For warning shots. Make little of it.” And so on throughout the list (_C-32_). This document must have been used as a guide for negotiators who were attending the Disarmament Conference, as to the position that they might take.

E. _Withdrawal From the Disarmament Conference and the League of Nations: Building of the Air Force._

At this point, on 14th October 1933, Germany withdrew from the International Disarmament Conference and from the League of Nations. The Nazis took this opportunity to break away from the international negotiations and to take an aggressive position on an issue which would not be serious enough to provoke reprisal from other countries. At the same time, Germany attached so much importance to this action that it considered the possibility of the application of sanctions by other countries. In anticipation of the probable nature of such sanctions and the countries which might apply them, plans were made for armed resistance on land, at sea, and in the air. Military preparations were ordered in a directive from the Reichsminister for Defense (von Blomberg) to the head of the Army High Command (Fritsch), the head of the Navy High Command, (Raeder), and the Reichsminister for Air, (Goering) (_C-140_). This directive, dated 25 October 1933, 11 days after the withdrawal from the Disarmament Conference and the League of Nations, provides:

“1. The enclosed directive gives the basis for preparation of the armed forces in the case of sanctions being applied against Germany.

“2. I request the chiefs of the Army and Navy High Command and the Reichsminister for Air to carry out the preparations in accordance with the following points:

“(_a_) Strictest secrecy. It is of the utmost importance that no facts become known to the outside world from which preparation for resistance against sanctions can be inferred or which is incompatible with Germany’s existing obligations in the sphere of foreign policy regarding the demilitarized zone. If necessary, the preparations must take second place to this necessity.” (_C-140_)

One of the immediate consequences of this action was that following the withdrawal from the League of Nations, Germany’s armament program was still further increased. As it was ordered on 12 May, 1934:

“5. Owing to the speed of military political development since Germany quitted Geneva and based on the progress of the army, the new A-Plan will only be drawn up for a period of two years. The third A phase lasts accordingly from 1.4.34 to 31.3.36.” (_C-153_)

On 10 March 1935, Goering announced that Germany was building a military air force. At page 1830 of _Das Archiv_ it is stated:

“The Reich Minister for Aviation, General of the Airmen, Goering, in his talk with the special correspondent of the Daily Mail, Ward Price, expressed himself on the subject of the German Air Force.

“General Goering said:

“In the extension of our national defense [_Sicherheit_], it was necessary, as we repeatedly told the world, to take care of defense in the air. As far as that is concerned, I restricted myself to those measures absolutely necessary. The guiding line of my actions was, not the creation of an aggressive force which would threaten other nations, but merely the completion of a military aviation which would be strong enough to repel, at any time, attacks on Germany.”

* * * * * *

“In conclusion, the correspondent asked whether the German Air Force will be capable of repelling attacks on Germany. General Goering replied to that exactly as follows:

“The German Air Force is just as passionately permeated with the will to defend the Fatherland to the last as it is convinced, on the other hand, that it will never be employed to threaten the peace of other nations.” (_2292-PS_)

Since they had gone as far as they could on rearmament and the secret training of personnel, the next step necessary to the conspirators’ program for aggressive war was a large-scale increase in military strength. This could no longer be done under disguise and camouflage, and would have to be known to the world. Accordingly, on 16 March 1935, there was promulgated a law for universal military service, in violation of Article 173 of the Versailles Treaty. That law appeared in the _Reichsgesetzblatt_, Title I, Vol. I, 1935, page 369. The text of the law itself provides:

“In this spirit the German Reich Cabinet has today passed the following law:

“Law for the Organization of the Armed Forces of March 16, 1935.

“The Reich Cabinet has passed the following law which is herewith promulgated:

“Section 1.

“Service in the Armed Forces is based upon compulsory military duty.

“Section 2.

“In peace time, the German Army, including the police troops transferred to it, is organized into: 12 Corps and 36 Divisions.

“Section 3.

“The Reich Minister of War is charged with the duty of submitting immediately to the Reich Ministry detailed laws on compulsory military duty.” (_1654-PS_)

The law is signed first by the Fuehrer and Reich Chancellor Adolf Hitler, and then by many other officials, including von Neurath, Frick, Schacht, Goering, Hess, and Frank. (_1654-PS_)

F. _Assurances._

As a part of their program to weaken resistance in other states, the Nazis followed a policy of making false assurances, thereby tending to create confusion and a false sense of security. Thus, on 21 May 1935, the same date on which Germany renounced the armament provisions of the Versailles Treaty, Hitler announced the intent of the German Government to respect the territorial limitations of the Versailles and Locarno Treaties. In his speech in the Reichstag on that date Hitler stated:

“Therefore, the Government of the German Reich shall absolutely respect all other articles pertaining to the cooperation [_zusammenleben_] of the various nations including territorial agreements; revisions which will be unavoidable as time goes by it will carry out by way of a friendly understanding only.

“The Government of the German Reich has the intention not to sign any treaty which it believes not to be able to fulfill. However, it will live up to every treaty signed voluntarily even if it was composed before this government took over. Therefore, it will in particular adhere to all the allegations under the Locarno Pact as long as the other partners of the pact also adhere to it.” (_2288-PS_)

For convenient reference, the territorial limitations in the Locarno and Versailles Treaties, include the following:

Article 1 of the Rhine Pact of Locarno, 16 October 1925, provides:

“The High Contracting parties, collectively and severally, guarantee, in the manner provided in the following Articles: the maintenance of the territorial status quo, resulting from the frontiers between Germany and Belgium and between Germany and France and the inviolability of the said frontiers, as fixed by, or in pursuance of the Treaty of Peace, signed at Versailles, on June 28, 1919, and also the observance of the stipulation of Articles 42 and 43 of the said Treaty, concerning the demilitarized zone.”

That has reference, of course, to the demilitarized zone of the Rhineland.

Article 42 of the Versailles Treaty, 28 June 1919, provides:

“Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right bank, to the west of the line drawn 50 kilometers to the east of the Rhine.”

Article 43 provides:

“In the area defined above, the maintenance and the assembly of armed forces, either permanently or temporarily and military maneuvers of any kind, as well as the upkeep of all permanent works for mobilization, are in the same way forbidden.”

G. _Reoccupation of the Rhineland._

The demilitarized zone of the Rhineland was a sore spot with the Nazis ever since its establishment after World War I. Not only was this a blow to their increasing pride, but it was a bar to any effective strong position which Germany might want to take on any vital issues. In the event of any sanctions against Germany, in the form of military action, the French and other powers would get well into Germany east of the Rhine, before any German resistance could even be put up. Therefore, any German plans to threaten or breach international obligations, or for any kind of aggression, required the preliminary reoccupation and refortification of this open Rhineland territory. Plans and preparations for the reoccupation of the Rhineland started very early.

A document apparently signed in the handwriting of von Blomberg, deals with what is called “Operation _Schulung_”, meaning schooling or training (_C-139_). It is dated 2 May 1935 and refers to prior staff discussions on the subject. It is addressed to the Chief of the Army Command, who at that time was Fritsch; the Chief of the Navy High Command (Raeder); and the Reich Minister for Air (Goering). The document does not use the name “Rhineland” and does not, in terms, refer to it. It seems clear, however, that it was a plan for the military reoccupation of the Rhineland, in violation of the Treaty of Versailles and the Rhine Pact of Locarno. The first part, headed “Secret Document,” provides:

“For the operation, suggested in the last staff talks of the Armed Forces, I lay down the _Code name Schulung_ [training].

“The supreme direction of the operation ‘_Schulung_’ rests with the Reich Minister of Defense as this is a joint undertaking of the three services.

“Preparations for the operation will begin forthwith according to the following directives:

“1. General.

“1. The operation must, on issue of the code word ‘Carry out _Schulung_,’ be executed by a surprise blow at lightning speed. _Strictest_ secrecy is necessary in the preparations and only the very smallest number of officers should be informed and employed in the drafting of reports, drawings, etc., and these officers only in person.

“2. There is no time for mobilization of the forces taking part. These will be employed in their peace-time strength and with their peace-time equipment.

“3. The preparation for the operation will be made without regard to the present inadequate state of our armaments. Every improvement of the state of our armaments will make possible a greater measure of preparedness and thus result in better prospects of success.” (_C-139_)

The rest of the order deals with military details. There are certain points in this order which are inconsistent with any theory that it was merely a training order, or that it might have been defensive in nature. The operation was to be carried out as a surprise blow at lightning speed. The air forces were to provide support for the attack. There was to be reinforcement by the East Prussian division. Furthermore, since this order is dated 2 May 1935, which is about 6 weeks after the promulgation of the Conscription Law of 16 March 1935, it could hardly have been planned as a defensive measure against any expected sanctions which might have been applied by reason of the passage of the Conscription Law.

The actual reoccupation of the Rhineland did not take place until 7 March, 1936, and this early plan (_C-139_) necessarily underwent revision to suit changed conditions and specific objectives. That the details of this particular plan were not ultimately the ones that were carried out in reoccupying the Rhineland does not detract from the fact that as early as 2 May 1935, the Germans had already planned that operation, not merely as a staff plan but as a definite operation. It was evidently not on their timetable to carry out the operation so soon, if it could be avoided. But they were prepared to do so if necessary.

It is significant to note the date of this order is the same as the date of the signing of the Franco-Russian Pact, which the Nazis later asserted as their excuse for the Rhineland reoccupation.

The military orders on the basis of which the Rhineland reoccupation was actually carried into execution on 7 March 1936, were issued on 2 March 1936 by the War Minister and Commander-in-Chief of the Armed Forces, von Blomberg. They were addressed to the Commander-in-Chief of the Army (Fritsch), the Commander-in-Chief of the Navy (Raeder), and the Air Minister and C-in-C of the Air Force (Goering) (_C-159_). That order, classified “Top Secret”, in the original bears Raeder’s initial in green pencil, with a red pencil note, “To be submitted to the C-in-C of the Navy”.

The first part of the Order reads:

“Supreme Command of the Navy:

“1. The Fuehrer and Reich Chancellor has made the following decision:

“By reason of the Franco-Russian alliance, the obligations accepted by Germany in the Locarno Treaty, as far as they apply to Articles 42 and 43 of the Treaty of Versailles, which referred to the demilitarized zone, are to be regarded as obsolete.

“2. Sections of the army and air force will therefore be transferred simultaneously in a surprise move to garrisons of the demilitarized zone. In this connection, I issue the following orders: * * *” (_C-159_)

There follow detailed orders for the military operation.

The order for Naval cooperation was issued on 6 March 1936, in the form of an order on behalf of the Reich Minister for War, von Blomberg, signed by Keitel, and addressed to the Commander-in-Chief of the Navy (Raeder) (_C-194_). The order set out detailed instructions for the Commander-in-Chief of the Fleet and the admirals commanding the Baltic and North Sea. The short covering letter is as follows:

“To: C-in-C Navy:

“The Minister has decided the following after the meeting:

“1. The inconspicuous air reconnaissance in the German bay, not over the line Texel-Doggerbank, from midday on Z-Day onward, has been approved. C-in-C air force will instruct the air command VI from midday 7 March to hold in readiness single reconnaissance aircraft to be at the disposal of the C-in-C fleet.

“2. The Minister will reserve the decision to set up a U-Boat reconnaissance on line, until the evening of 7 March. The immediate transfer of U-Boats from Kiel to Wilhelmshaven has been approved.

“3. The proposed advance measures for the most part exceed Degree of Emergency A and therefore are out of the question as the first counter-measures to be taken against military preparations of neighboring states. It is far more essential to examine the advance measures included in Degree of Emergency A, to see whether one or other of the especially conspicuous measures could not be omitted.” (_C-194_)

The reoccupation and fortification of the Rhineland was carried out on 7 March 1936. For the historical emphasis of this occasion, Hitler made a momentous speech on the same day, in which he declared:

“Men of the German Reichstag! France has replied to the repeated friendly offers and peaceful assurances made by Germany by infringing the Reich pact through a military alliance with the Soviet Union exclusively directed against Germany. In this manner, however, the Locarno Rhine Pact has lost its inner meaning and ceased in practice to exist. Consequently, Germany regards herself, for her part, as no longer bound by this dissolved treaty. The German government are now constrained to face the new situation created by this alliance, a situation which is rendered more acute by the fact that the Franco-Soviet treaty has been supplemented by a Treaty of Alliance between Czechoslovakia and the Soviet Union exactly parallel in form. In accordance with the fundamental right of a nation to secure its frontiers and ensure its possibilities of defense, the German government have today restored the full and unrestricted sovereignty of Germany in the demilitarized zone of the Rhineland.” (_2289-PS_)

The German reoccupation of the demilitarized zone of the Rhineland caused extensive international repercussions. As a result of the protests lodged with the League of Nations, the Council of the League made an investigation and announced the following finding, which is published in the League of Nations monthly summary, March, 1936, Volume 16, Page 78. [It is also quoted in the _American Journal of International Law_, page 487 (1936)]:

“That the German government has committed a breach of Article 43 of the Treaty of Versailles, by causing on March 7, 1936, military forces to enter and establish themselves in the demilitarized zone, referred to in Article 42 and the following articles of that Treaty, and in the Treaty of Locarno. At the same time, on March 7, 1936, the Germans reoccupied the Rhineland in flagrant violation of the Versailles and Locarno Treaties. They again tried to allay the fears of other European powers and lead them into a false sense of security by announcing to the world ‘we have no territorial demands to make in Europe.’”

The last phrase occurred in Hitler’s speech on 7 March 1936:

“We have no territorial claims to make in Europe. We know above all that all the tensions resulting either from false territorial settlements or from the disproportion of the numbers of inhabitants to their living space cannot, in Europe, be solved by war.” (_2289-PS_)

The existence of prior plans and preparations for the reoccupation and fortification of the Rhineland is indisputable. The method and sequence of these plans and their accomplishments are clearly indicative of the increasingly aggressive character of the Nazi objectives, international obligations and considerations of humanity notwithstanding.

The Nazi conspirators were determined, as these documents have shown, to use whatever means were necessary to abrogate and overthrow the Treaty of Versailles and its restrictions upon the military armament and activity of Germany. In this process, they conspired and engaged in secret armament and training, the secret production of munitions of war, and they built up an air force. They withdrew from the International Disarmament Conference and the League of Nations on 14 October 1933. They instituted universal military service on 16 March 1935. On 21 May 1935 they falsely announced that they would respect the territorial limitations of Versailles and Locarno. On March 7 1936 they reoccupied and fortified the Rhineland and at the same time, falsely announced that they had no territorial demands in Europe.

The accomplishment of all these objectives, particularly the repudiation of the Versailles Treaty restrictions, opened the gates for the numerous aggressions which were to follow.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO PREPARATION FOR AGGRESSION: 1933-1936

Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6 (a). │ I │ 5 │ │ │ │International Military Tribunal, │ │ │ Indictment Number 1, Sections IV (F) │ │ │ 1, 2; V. │ I │ 22, 29 │ ————— │ │ │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. │ │ │ ————— │ │ *789-PS │Speech of the Fuehrer at a conference, │ │ │23 November 1939, to which all Supreme │ │ │Commanders were ordered. (USA 23) │ III │ 572 │ │ │ *1143-PS │Letter from Schickendanz to Rosenberg, │ │ │20 October 1932, for personal │ │ │transmission to Hess concerning │ │ │organization of Air Force. (USA 40) │ III │ 806 │ │ │ *1168-PS │Unsigned Schacht memorandum to Hitler, 3│ │ │May 1935, concerning the financing of │ │ │the armament program. (USA 37) │ III │ 827 │ │ │ *1639-A-PS │Mobilization book for the Civil │ │ │Administration, 1939 Edition, issued │ │ │over signature of Keitel. (USA 777) │ IV │ 143 │ │ │ **1654-PS │Law of 16 March 1935 reintroducing │ │ │universal military conscription. 1935 │ │ │Reichsgesetzblatt, Part I, p. 369. │ │ │(Referred to but not offered in │ │ │evidence) │ IV │ 163 │ │ │ *2194-PS │Top secret letter from Ministry for │ │ │Economy and Labor, Saxony, to Reich │ │ │Protector in Bohemia and Moravia, │ │ │enclosing copy of 1938 Secret Defense │ │ │Law of 4 September 1938. (USA 36) │ IV │ 843 │ │ │ *2261-PS │Directive from Blomberg to Supreme │ │ │Commanders of Army, Navy and Air Forces,│ │ │24 June 1935; accompanied by copy of │ │ │Reich Defense Law of 21 May 1935 and │ │ │copy of Decision of Reich Cabinet of 12 │ │ │May 1935 on the Council for defense of │ │ │the Reich. (USA 24) │ IV │ 934 │ │ │ *2288-PS │Adolf Hitler’s speech before the │ │ │Reichstag, published in Voelkischer │ │ │Beobachter, Southern Germany Special │ │ │Edition, No. 142a, 22 May 1935. (USA 38)│ IV │ 993 │ │ │ *2289-PS │Hitler’s speech in the Reichstag, 7 │ │ │March 1936, published in Voelkischer │ │ │Beobachter, Berlin Edition, No. 68, 8 │ │ │March 1936. (USA 56) │ IV │ 994 │ │ │ *2292-PS │Interview of Goering by representative │ │ │of London Daily Mail, concerning the │ │ │German Air Force, from German report in │ │ │The Archive, March 1935, p. 1830. (USA │ │ │52) │ IV │ 995 │ │ │ *2322-PS │Hitler’s speech before the Reichstag, 1 │ │ │September 1939. (USA 39) │ IV │ 1026 │ │ │ *2353-PS │Extracts from General Thomas’ Basic │ │ │Facts for History of German War and │ │ │Armament Economy. (USA 35) │ IV │ 1071 │ │ │ 2907-PS │Notes of conferences of Reich Ministers │ │ │on 12 September 1933, 13 October 1933, │ │ │and 14 October 1933. │ V │ 572 │ │ │ *3054-PS │“The Nazi Plan”, script of a motion │ │ │picture composed of captured German │ │ │film. (USA 167) │ V │ 801 │ │ │ *3308-PS │Affidavit by Paul Otto Gustav Schmidt, │ │ │28 November 1945. (GB 288) │ V │ 1100 │ │ │ *3474-PS │Manuscript notes by Bodenschatz on │ │ │conference of German Air Forces leaders,│ │ │2 December 1936. (USA 580) │ VI │ 199 │ │ │ *3575-PS │Memorandum, 19 November 1938, concerning│ │ │meeting of Reich Defense Council. (USA │ │ │781) │ VI │ 267 │ │ │ 3581-PS │Letter from Minister of Interior to │ │ │Minister of Propaganda Goebbels, 20 July│ │ │1934, concerning unauthorized press │ │ │releases about military affairs. │ VI │ 278 │ │ │ 3585-PS │Letter from Chief of Staff of Army (von │ │ │Fritsch) to Minister of War, 8 October │ │ │1934, enclosing memorandum signed by │ │ │Brauchitsch 29 September 1934, on │ │ │military situation in East Prussia. │ VI │ 279 │ │ │ 3586-PS │Directive to Counter-Intelligence units,│ │ │16 October 1934, directing that new │ │ │troop units which may be activated │ │ │should be listed in telephone books only│ │ │under camouflage designations. │ VI │ 281 │ │ │ 3587-PS │Memorandum from Beck, 14 November 1934, │ │ │forbidding public use of designation │ │ │“General Staff”. │ VI │ 282 │ │ │ *C-17 │Extracts from History of the German Navy│ │ │1919-1939. (USA 42) │ VI │ 819 │ │ │ *C-23 │Unsigned documents found in official │ │ │Navy files containing notes year by year│ │ │from 1927 to 1940 on reconstruction of │ │ │the German Navy, and dated 18 February │ │ │1938, 8 March 1938, September 1938. (USA│ │ │49) │ VI │ 827 │ │ │ *C-29 │Directive of 31 January 1933 by Raeder │ │ │for German Navy to support the armament │ │ │industry. (USA 46) │ VI │ 830 │ │ │ *C-32 │Survey report of German Naval Armament │ │ │after conference with Chief of “A” │ │ │Section, 9 September 1933. (USA 50) │ VI │ 833 │ │ │ *C-135 │Extract from history of war organization│ │ │and of the scheme for mobilization. (GB │ │ │213) │ VI │ 946 │ │ │ *C-139 │Directive for operation “Schulung” │ │ │signed by Blomberg, 2 May 1935. (USA 53)│ VI │ 951 │ │ │ *C-140 │Directive for preparations in event of │ │ │sanctions, 25 October 1935, signed by │ │ │Blomberg. (USA 51) │ VI │ 952 │ │ │ *C-141 │Order for concealed armament of E-boats,│ │ │10 February 1932, signed by Raeder. (USA│ │ │47) │ VI │ 955 │ │ │ *C-153 │Naval Armament Plan for the 3rd Armament│ │ │Phase, signed by Raeder, 12 May 1934. │ │ │(USA 43) │ VI │ 967 │ │ │ *C-156 │Concealed Rearmament under Leadership of│ │ │Government of Reich, from “Fight of the │ │ │Navy against Versailles 1919-1935”. (USA│ │ │41) │ VI │ 970 │ │ │ *C-159 │Order for Rhineland occupation signed by│ │ │Blomberg, 2 March 1936. (USA 54) │ VI │ 974 │ │ │ *C-166 │Order from Command Office of Navy, 12 │ │ │March 1934, signed in draft by Groos, │ │ │concerning preparation of auxiliary │ │ │cruisers. (USA 48) │ VI │ 977 │ │ │ *C-175 │OKW Directive for Unified Preparation │ │ │for War 1937-1938, with covering letter │ │ │from von Blomberg, 24 June 1937. (USA │ │ │69) │ VI │ 1006 │ │ │ *C-189 │Conversation with the Fuehrer in June │ │ │1934 on occasion of resignation of │ │ │Commanding Officer of “Karlsruhe”. (USA │ │ │44) │ VI │ 1017 │ │ │ *C-190 │Memorandum of conversation with Hitler │ │ │on financing Naval rearmament and │ │ │assembling six submarines, 2 November │ │ │1934. (USA 45) │ VI │ 1018 │ │ │ *C-194 │Orders by Keitel and Commander-in-Chief │ │ │of Navy, 6 March 1936, for Navy │ │ │cooperation in Rhineland occupation. │ │ │(USA 55) │ VI │ 1019 │ │ │ *EC-177 │Minutes of second session of Working │ │ │Committee of the Reich Defense held on │ │ │26 April 1933. (USA 390) │ VII │ 328 │ │ │ *EC-404 │Minutes of conference of Sixth Session │ │ │of Working Committee of Reichs Defense │ │ │Council, held on 23 and 24 January 1934.│ │ │(USA 764) │ VII │ 443 │ │ │ *EC-405 │Minutes of Tenth Meeting of Working │ │ │Committee of Reichs Defense Council, 26 │ │ │June 1935. (GB 160) │ VII │ 450 │ │ │ *EC-406 │Minutes of Eleventh Meeting of Reichs │ │ │Defense Council, 6 December 1935. (USA │ │ │772) │ VII │ 455 │ │ │ *EC-407 │Minutes of Twelfth Meeting of Reichs │ │ │Defense Council, 14 May 1936. (GB 247) │ VII │ 462 │ │ │ *L-79 │Minutes of conference, 23 May 1939, │ │ │“Indoctrination on the political │ │ │situation and future aims”. (USA 27) │ VII │ 847 │ │ │ *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)│ VII │ 920 │ │ │ *TC-44 │Notice by German government of existence│ │ │of German Air Force, 9 March 1935. (GB │ │ │11) VIII │ 386 │ │ │ │ TC-45 │Proclamation to German People of 16 │ │ │March 1935. │ VIII │ 388 │ │ │ TC-46 │German memorandum to Signatories of │ │ │Locarno Pact reasserting full German │ │ │sovereignty over Rhineland, 7 March │ │ │1936. │ VIII │ 394 │ │ │ Statement VII │The Development of German Naval │ │ │Policy—1933-1939 by Erich Raeder, │ │ │Moscow, fall 1945. │ VIII │ 684 │ │ │ Statement XIV │Hungarian Relations with Germany Before │ │ │and During the War by Nicholas Horthy, │ │ │Jr., Nurnberg, 22 February 1946. │ VIII │ 756

3. AGGRESSION AGAINST AUSTRIA

A. _The Events Leading up to the Autumn of 1937 and the Strategic Position of the National Socialists in Austria._

(1) _The National Socialist Aim of Absorption of Austria._ In order to understand more clearly how the Nazi conspirators proceeded after the meeting in the Reichschancellery on 5 November 1937, at which Hitler laid plans for the conquest of Austria and Czechoslovakia (_386-PS_), it is advisable to review the steps which had already been taken in Austria by the National Socialists of both Germany and Austria. The position which the Nazis had reached by the Fall of 1937 made it possible for them to complete their absorption of Austria much sooner and with less cost than was contemplated in this meeting.

The acquisition of Austria had long been a central aim of the German National Socialists. On the first page of _Mein Kampf_, Hitler had written, “German-Austria must return to the great German mother-land.” He continued by stating that this purpose, of having common blood in a common Reich, could not be satisfied by a mere economic union. This aim was regarded as a serious program which the Nazis were determined to carry out.

This fact is borne out by an affidavit executed in Mexico City on 28 August 1945 by George S. Messersmith, United States Ambassador in Mexico City (_1760-PS_). Mr. Messersmith was Consul General of the United States of America in Berlin from 1930 to the late Spring of 1934. He was then made American Minister in Vienna, where he stayed until 1937. In this affidavit he states that the nature of his work brought him into frequent contact with German Government officials, many of whom were, on most occasions, amazingly frank in their conversations, and made no concealment of their aims.

In particular, Mr. Messersmith states that he had contact with the following twenty governmental officials, among others: Hermann Goering, General Milch, Hjalmar Schacht, Hans Frank, Wilhelm Frick, Count Schwerin von Krosigk, Josef Goebbels, Richard Walter Darré, Robert Ley, Hans Heinrich Lammers, Otto Meissner, Franz von Papen, Walter Funk, General Wilhelm Keitel, Admiral Erich von Raeder, Admiral Karl Doenitz, Dr. Behle, Dr. Stuckart, Gustav Krupp von Bohlen, and Dr. Davidson. Mr. Messersmith further states that in addition to this contact with officials of the Government he maintained contact with individuals in all parties in Germany in order to keep himself and the Government informed of political developments in Germany.

With regard to the Austrian matter, he states that from the very beginning of the Nazi Party he was told by both high and secondary government officials in Germany that incorporation of Austria into Germany was both a political and economic necessity and that this incorporation was going to be accomplished “by whatever means were necessary.” He further states:

“I can assert that it was fully understood by everyone in Germany who had any knowledge whatever of what was going on that Hitler, and the Nazi Government were irrevocably committed to this end and the only doubt which ever existed in conversations or statements to me was ‘how’ and ‘when.’” (_1760-PS_).

As Mr. Messersmith relates, at the beginning of the Nazi regime in 1933 Germany was too weak to make open threats of force against any country. It developed a policy of securing its aims in Austria in the same manner as in Germany—by obtaining a foothold in the Cabinet, particularly in the Ministry of Interior which controls the police, and quickly eliminating the opposition elements. Mr. Messersmith states that throughout his stay in Austria he was told on any number of occasions by high officials of the Austrian Government, including Chancellor Dollfuss, Chancellor Schuschnigg, and President Miklas, that the German Government kept up constant pressure upon the Austrian Government to appoint ministers with Nazi orientation.

(2) _Pressure Used, Including Terror and Intimidation, Culminating in the Unsuccessful Putsch of 25 July 1934._ To achieve their end the Nazis used various pressures. They used economic pressure. The law of 24 March 1933 imposed a prohibitive 1,000 reichsmark penalty on trips to Austria, thus bringing hardship to Austria, which relied heavily on its tourist trade (_Reichsgesetzblatt_ 1933, I, 311). The Nazis used propaganda. And they used terroristic acts, primarily bombings.

Mr. Messersmith’s affidavit (_1760-PS_) goes into some detail with respect to these means. Although they were committed by National Socialists in Austria, high Nazi officials in Germany admitted to Mr. Messersmith that they were instigating and directing these waves of terror in Austria. They made no effort to conceal their use of terror, which they justified on the ground that terror was a necessary instrument to impose the will of the party not only in Germany but in other countries. Mr. Messersmith recalls specifically that General Milch of the Air Force stated that the terrorism in Austria was being directed by the Nazi Party in Berlin.

Mr. Messersmith points out that all these outrages were a common occurrence. They had peaks and distinct periods, one in mid-1933 and another in early 1934. He points out that the wave of outrages in May and June 1934 diminished markedly for a few days during the meeting of Hitler and Mussolini in Venice, in mid-June 1934. (At that time Mussolini was strongly supporting the Austrian Government and interested in its independence.) Mr. Messersmith’s affidavit quotes extensively from dispatches sent from the American Legation in Vienna to the State Department during this period. These dispatches indicate that the terror was often directed at Catholic Churches and institutions, and at railways and tourist centers.

Mr. Messersmith also recalls that in addition, the Nazis maintained a threat of violent action against Austria through the “Austrian Legion.” This was a para-military force of several thousand men, armed by the Nazis in Germany, and stationed in Germany near the Austrian border. It included Austrian Nazis who fled from Austria after committing crimes.

These terroristic activities of the Nazis in Austria continued until July 25, 1934. On that day members of the NSDAP attempted a revolutionary putsch and killed Chancellor Dollfuss. A message from Mr. Hadow, of the British Legation in Vienna, to Sir John Simon contains details of the putsch (_2985-PS_). The official version of events given verbally by the Austrian Government to the diplomatic Corps, as set forth in this document, stated that approximately a hundred men attempting the putsch seized the Federal Chancellery. Chancellor Dollfuss was wounded in trying to escape, being shot twice at close quarters. The Radio Building in the center of the town was overwhelmed, and the announcer was compelled to broadcast the news that Dollfuss had resigned and Doctor Rintelen had taken his place as Chancellor.

Although the putsch failed, the insurgents kept control of the Chancellery Building and agreed to give it up only after they had a safe-conduct to the German border. The insurgents contacted the German Minister, Dr. Rieth, by telephone, and subsequently had private negotiations with him in the building. At about 7:00 p. m. they yielded the building, but Chancellor Dollfuss died about 6:00 p. m., not having had the services of a doctor.

The German Government denied all complicity in the putsch and assassination. Hitler removed Dr. Rieth as Minister on the ground that he had offered a safe-conduct to the rebels without making inquiry of the German Government, and had thus without any reason dragged the German Reich into an internal Austrian affair. This statement appears in the letter which Hitler sent to Franz von Papen on the 26th day of July 1934. (_2799-PS_)

Although the German Government denied any knowledge or complicity in this putsch, there is ample basis for the conclusion that the German Nazis bear responsibility for the events. Light is shed on this matter in the extensive record of the trial of the Austrian Nazi, Planetta, and others who were convicted for the murder, and in the Austrian Brown Book issued after July 25. Mr. Messersmith’s affidavit offers further evidence:

“The events of the Putsch of July 25, 1934, are too well known for me to repeat them in this statement. I need say here only that there can be no doubt that the Putsch was ordered and organized by the Nazi officials from Germany through their organization in Austria made up of German Nazis and Austrian Nazis. Dr. Rieth, the German Minister in Vienna, was fully familiar with all that was going to happen and that was being planned. The German Legation was located directly across the street from the British Legation and the Austrian secret police kept close watch on the persons who entered the German Legation. The British had their own secret service in Vienna at the time and they also kept a discreet surveillance over people entering the German Legation. I was told by both British and Austrian officials that a number of the men who were later found guilty by the Austrian Courts of having been implicated in the Putsch had frequented the German Legation. In addition, I personally followed very closely the activities of Dr. Rieth and I never doubted on the basis of all my information that Dr. Rieth was in close touch and constant touch with the Nazi agents in Austria; these agents being both German and Austrian. Dr. Rieth could not have been unfamiliar with the Putsch and the details in connection therewith. I recall too very definitely from my conversations with the highest officials of the Austrian Government after the Putsch, their informing me that Dr. Rieth had been in touch with von Rintelen, who it had been planned by the Nazis was to succeed Chancellor Dollfuss had the Putsch been successful.

“It may be that Dr. Rieth was himself not personally sympathetic with the plans for the Putsch but there is no question that he was fully familiar with all these plans and must have given his assent thereto and connived therein.

“As this Putsch was so important and was a definite attempt to overthrow the Austrian Government and resulted in the murder of the Chancellor of Austria, I took occasion to verify at the time for myself various other items of evidence indicating that the Putsch was not only made with the knowledge of the German Government but engineered by it. I found and verified that almost a month before the Putsch, Goebbels told Signor Cerruti, the Italian Ambassador in Berlin, that there would be a Nazi Government in Vienna in a month.” (_1760-PS_)

Mr. William Dodd, Ambassador of the United States to Germany, published in 1941 his Diary, covering the years 1933-1938 (_2832-PS_). The diary contains an entry for July 26, 1934, which makes the following observations. First, Ambassador Dodd noted that in February, 1934, Ernst Hanfstaengl had advised him that he had brought what was virtually an order from Mussolini to Hitler to leave Austria alone and to dismiss and silence Theodor Habicht, the German agent in Munich who had been agitating for annexation of Austria. On 18 June, in Venice, Hitler was reported to have promised Mussolini to leave Austria alone.

Mr. Dodd further states:

“On Monday, July 23, after repeated bombings in Austria by Nazis, a boat loaded with explosives was seized on Lake Constance by the Swiss police. It was a shipment of German bombs and shells to Austria from some arms plant. That looked ominous to me, but events of the kind had been so common that I did not report it to Washington.

“Today evidence came to my desk that last night, as late as eleven o’clock, the government issued formal statements to the newspapers rejoicing at the fall of Dollfuss and proclaiming the Greater Germany that must follow. The German Minister in Vienna had actually helped to form the new Cabinet. He had, as we now know, exacted a promise that the gang of Austrian Nazi murderers should be allowed to go into Germany undisturbed. But it was realized about 12 o’clock that, although Dollfuss was dead, the loyal Austrians had surrounded the government palace and prevented the organization of a new Nazi regime. They held the murderers prisoners. The German Propaganda Ministry therefore forbade publication of the news sent out an hour before and tried to collect all the releases that had been distributed. A copy was brought to me today by a friend.

“All the German papers this morning lamented the cruel murder and declared that it was simply an attack of discontented Austrians, not Nazis. News from Bavaria shows that thousands of Austrian Nazis living for a year in Bavaria on German support had been active for ten days before, some getting across the border contrary to law, all drilling and making ready to return to Austria. The German propagandist Habicht was still making radio speeches about the necessity of annexing the ancient realm of the Hapsburgs to the Third Reich, in spite of all the promises of Hitler to silence him. But now that the drive has failed and the assassins are in prison in Vienna, the German Government denounces all who say there was any support from Berlin.

“I think it will be clear one day that millions of dollars and many arms have been pouring into Austria since the spring of 1933. Once more the whole world is condemning the Hitler regime. No people in all modern history has been quite so unpopular as Nazi Germany. This stroke completes the picture. I expect to read a series of bitter denunciations in the American papers when they arrive about ten days from now.” (_2832-PS_)

In connection with the German Government’s denial of any connection with the putsch and the murder of Dollfuss, the letter of appointment which Hitler wrote to Vice-Chancellor von Papen on 26 July 1934 is significant. This letter appears in a standard German reference work, _Dokumente der Deutschen Politik, II, Page 83_ (_2799-PS_). (In considering the letter the report wide-spread at the time should be recalled, that von Papen narrowly missed being purged on 30 June, 1944, along with Ernst Roehm and others.) The letter reads as follows:

“26 July 1934

“Dear Mr. von Papen

“As a result of the events in Vienna I am compelled to suggest to the Reichs President the removal of the German Minister to Vienna, Dr. Rieth, from his post, because he, at the suggestion of Austrian Federal Ministers and the Austrian rebels respectively consented to an agreement made by both these parties concerning the safe conduct and retreat of the rebels to Germany without making inquiry of the German Reich Government. Thus the Minister has dragged the German Reich into an internal Austrian affair without any reason.

“The assassination of the Austrian Federal Chancellor which was strictly condemned and regretted by the German Government has made the situation in Europe, already fluid, more acute, without any fault of ours. Therefore, it is my desire to bring about if possible an easing of the general situation, and especially to direct the relations with the German Austrian State, which have been so strained for a long time, again into normal and friendly channels.

“For this reason, I request you, dear Mr. von Papen, to take over this important task, just because you have possessed and continue to possess my most complete and unlimited confidence ever since we have worked together in the Cabinet—

“Therefore, I have suggested to the Reichs President that you, upon leaving the Reich-Cabinet and upon release from the office of Commissioner for the Saar, be called on special mission to the post of the German Minister in Vienna for a limited period of time. In this position you will be directly subordinated to me.

“Thanking you once more for all that you have at one time done for the coordination of the Government of the National Revolution and since then together with us for Germany, I remain,

Yours, very sincerely, Adolf Hitler.” (_2799-PS_)

Four years later, on July 25, 1938, after the Anschluss with Austria, German officials no longer expressed regrets over the death of Dollfuss. They were eager and willing to reveal what the world already knew—that they were identified with and sponsors of the murder of the former Chancellor. A dispatch from the American Consul General in Vienna to the Secretary of State, dated July 26, 1938, relates to the Nazis’ celebration of the murder of Dollfuss, held on July 24 and July 25, 1938, four years after the event. It states:

“The two high points of the celebration were the memorial assembly on the 24th at Klagenfurt, capital of the province of Carinthia, where in 1934 the Vienna Nazi revolt found its widest response, and the march on the 25th to the former Federal Chancellery in Vienna by the surviving members of the S.S. Standarte 89, which made the attack on the Chancellery in 1934—a reconstruction of the crime, so to say.

“The assembled thousands at Klagenfurt were addressed by the Fuehrer’s deputy, Rudolf Hess, in the presence of the families of the 13 National Socialists who were hanged for their part in the July putsch. The Klagenfurt memorial celebration was also made the occasion for the solemn swearing in of the seven recently appointed Gauleiters of the Ostmark.

“From the point of view of the outside world, the speech of Reichs Minister Hess was chiefly remarkable for the fact that after devoting the first half of his speech to the expected praise of the sacrifices of the men, women and youths of Austria in the struggle for a greater Germany, he then launched into a defense of the occupation of Austria and an attack on the ‘lying foreign press’ and on those who spread the idea of a new war. The world was fortunate, declared Hess, that Germany’s leader was a man who would not allow himself to be provoked. ‘The Fuehrer does what is necessary for his people in sovereign calm. * * * and labors for the peace of Europe’ even though provocators, ‘completely ignoring the deliberate threat to peace of certain small states,’ deceitfully claim that he is a menace to the peace of Europe.

“The march on the former Federal Chancellery, now the Reichsstatthalterei, followed the exact route and time schedule of the original attack. The marchers were met at the Chancellery by the Reichsstatthalter Seyss-Inquart, who addressed them and unveiled a memorial tablet. From the Reichsstatthalterei the Standarte marched to the old RAVAG broadcasting center from which false news of the resignation of Dollfuss had been broadcast, and there unveiled a second memorial tablet. Steinhausl, the present Police President of Vienna, is a member of the S. S. Standarte 89”. (_L-273_)

The original plaque is now rubble. But a photograph of it was found in The National Library in Vienna. [The photograph was offered in evidence at the trial. See _2968-PS_.] The plaque reads: “154 German men of 89 SS Standarte stood up here for Germany on July 26, 1934. Seven found death at the hands of the hangman”. The words chosen for this marble tablet, and it may be presumed that they were words chosen carefully, reveal clearly that the men involved were not mere malcontent Austrian revolutionaries, but were regarded as German men, were members of a para-military organization, who stood up here “for Germany.” In 1934 Hitler repudiated Dr. Rieth because he “dragged the German Reich into an internal Austrian affair without any reason”. In 1938 Nazi Germany proudly identified itself with this murder, took credit for it, and took responsibility for it.

(3) _The Program Culminating in the Pact of July 11, 1936._ In considering the activities of the Nazi conspirators in Austria between 25 July 1934 and November 1937, there is a distinct intermediate point, the Pact of 11 July 1936. Accordingly, developments in the two-year period, July 1934 to July 1936, will first be reviewed.

(_a_) _Continued Aim of Eliminating Austria’s Independence—Conversation and Activities of von Papen._ The Nazi conspirators pretended to respect the independence and sovereignty of Austria, notwithstanding the aim of Anschluss stated in _Mein Kampf_. But in truth and in fact they were working from the very beginning to destroy the Austrian State.

A dramatic recital of the position of von Papen in this regard is provided in Mr. Messersmith’s affidavit. It states:

“When I did call on von Papen in the German Legation, he greeted me with ‘Now you are in my Legation and I can control the conversation.’ In the baldest and most cynical manner he then proceeded to tell me that all of Southeastern Europe, to the borders of Turkey, was Germany’s natural hinterland, and that he had been charged with the mission of facilitating German economic and political control over all this region for Germany. He blandly and directly said that getting control of Austria was to be the first step. He definitely stated that he was in Austria to undermine and weaken the Austrian Government and from Vienna to work towards the weakening of the Governments in the other states to the South and Southeast. He said that he intended to use his reputation as a good Catholic to gain influence with certain Austrians, such as Cardinal Innitzer, towards that end. He said that he was telling me this because the German Government was bound on this objective of getting this control of Southeastern Europe and there was nothing which could stop it and that our own policy and that of France and England was not realistic.

“The circumstances were such, as I was calling on him in the German Legation, that I had to listen to what he had to say and of course I was prepared to hear what he had to say although I already knew what his instructions were. I was nevertheless shocked to have him speak so baldly to me and when he finished I got up and told him how shocked I was to hear the accredited representative of a supposedly friendly state to Austria admit that he was proposing to engage in activities to undermine and destroy that Government to which he was accredited. He merely smiled and said, of course this conversation was between us and that he would of course, not be talking to others so clearly about his objectives. I have gone into this detail with regard to this conversation as it is characteristic of the absolute frankness and directness with which high Nazi officials spoke of their objectives.”

* * * * * *

“On the surface, however, German activities consisted principally of efforts to win the support of prominent and influential men through insidious efforts of all kinds, including the use of the German Diplomatic Mission in Vienna and its facilities and personnel. Von Papen as German Minister entertained frequently and on a lavish scale. He approached almost every member of the Austrian Cabinet, telling them, as several of them later informed me, that Germany was bound to prevail in the long run and that they should join the winning side if they wished to enjoy positions of power and influence under German control. Of course, openly and outwardly he gave solemn assurance that Germany would respect Austrian independence and that all that she wished to do was to get rid of elements in the Austrian Government like the Chancellor, Schuschnigg and Starhemberg as head of the Heimwehr and others, and replace them by a few ‘nationally-minded’ Austrians, which of course meant Nazis. The whole basic effort of von Papen was to bring about Anschluss.

“In early 1935, the Austrian Foreign Minister, Berger-Waldenegg, informed me that in the course of a conversation with von Papen, the latter had remarked ‘Yes, you have your French and English friends now and you can have your independence a little longer’. The Foreign Minister, of course, told me this remark in German but the foregoing is an accurate translation. The Foreign Minister told me that he had replied to von Papen ‘I am glad to have from your own lips your own opinion which agrees with what your Chief has just said in the Saar and which you have taken such pains to deny.’

“Von Papen undoubtedly achieved some successes, particularly with men like Glaise-Horstenau and others who had long favored the ‘Grossdeutschum’ idea, but who nevertheless had been greatly disturbed by the fate of the Catholic Church. Without conscience or scruple, von Papen exploited his reputation and that of his wife as ardent and devout Catholics to overcome the fears of these Austrians in this respect.” (_1760-PS_)

(_b_) _Continued Existence of Nazi Organizations with a Program of Armed Preparedness._ The wiles of von Papen represented only one part of the total program of the Nazi conspiracy. At the same time Nazi activities in Austria, forced underground during this period, were carried on.

Mr. Messersmith’s affidavit discloses the following: The Nazi organization, weakened in the events following the putsch, began reorganization work. An informant furnished the Austrian Government with a memorandum of a meeting of Austrian Nazi chiefs held in Bavaria, September, 1934. The memorandum shows that they agreed to prepare for new terroristic acts, to proceed brutally against persons cooperating with the Schuschnigg Government when the next action against the Government took place, and to appear disposed to negotiate but to arm for the struggle. A copy of this memorandum was furnished to Mr. Messersmith. At the same time the Austrian Legion was kept in readiness in Germany. This large, organized hostile group constituted a continuing menace for Austria. (_1760-PS_)

The fact of the reorganization of the Nazi party in Austria is corroborated by a report of one of the Austrian Nazis, Rainer (_812-PS_). (_812-PS_ contains three parts. First there is a letter dated 22 August 1939 from Rainer, then Gauleiter at Salzburg, to Seyss-Inquart, then Reich Minister. That letter encloses a letter dated 6 July 1939, written by Rainer to Reich Commissioner and Gauleiter Josef Buerckel. In that letter, in turn, Rainer inclosed a report on the events in the NSDAP of Austria from 1933 to 11 March 1938, the day before the invasion of Austria.)

The letter from Rainer to Buerckel indicates that he was asked to prepare a short history of the role of the party. He states that after the Anschluss Hitler and the general public gave Seyss-Inquart alone credit for effecting the Anschluss. It is Rainer’s belief that credit belongs to the entire Party, the leaders of which had to remain underground. And so Rainer writes his report to show that the Party as a whole is entitled to “the glory which was excessively ascribed to one person, Dr. Seyss-Inquart”.

Apparently Seyss-Inquart heard from Buerckel what Rainer said, and wrote to Rainer asking for an explanation. To avoid misunderstanding, Rainer prepared for Seyss-Inquart a copy of his letter to Buerckel and his report.

The Rainer report tells of the disorganization of the Nazi party in Austria and of its reconstitution. The second and third paragraphs of the report state:

“Thus the first stage of battle commenced which ended with the July rising of 1934. The decision for the July rising was right, the execution of it was faulty. The result was a complete destruction of the organization; the loss of entire groups of fighters through imprisonment or flight into the ‘Alt-Reich’; and with regard to the political relationship of Germany to Austria, a formal acknowledgment of the existence of the Austrian State by the German Government. With the telegram to PAPEN, instructing him to reinstitute normal relationships between the two states, the Fuehrer had liquidated the first stage of the battle; and a new method of political penetration was to begin. By order of the Fuehrer the Landesleitung Munich was dissolved, and the party in Austria was left to its own resources.

“There was no acknowledged leader for the entire party in Austria. New leaderships were forming in the nine Gaus. The process was again and again interrupted by the interference of the police; there was no liaison between the formations, and frequently there were two, three or more rival leaderships. The first evident, acknowledged speaker of almost all the Gaus in Autumn 1934 was engineer REINTHALLER (already appointed Landesbauernfeuhrer (leader of the country’s farmers) by Hess). He endeavored to bring about a political appeasement by negotiations with the government, with the purpose of giving the NSDAP legal status again, thus permitting its political activities. Simultaneously Reinthaller started the reconstruction of the illegal political organization, at the head of which he had placed engineer NEUBACHER.” (_812-PS_)

(_c_) _Secret Contacts Between German Officials, Including Papen, and the Austrian Nazis: the Use by the Austrian Nazis of “Front” Personalities._ Two cardinal factors about the Nazi organization in Austria should be borne in mind. First, although the Fuehrer had on the surface cast the Austrian Nazis adrift, in fact German officials, including Papen, maintained secret contact with the Austrian Nazis, in line with Hitler’s desires. German officials consulted and gave advice and support to the organization of the Austrian Nazis. In the second place, the Austrian Nazis remained an illegal organization, organizing for the eventual use of force in an “emergency.” But in the meanwhile they deemed it expedient to act behind “front” personalities, such as Seyss-Inquart, who had no apparent taint of illegality.

Mr. Messersmith relates in his affidavit that he obtained a copy of a document outlining this Nazi program.

“For two years following the failure of the July 25 Putsch, the Nazis remained relatively quiet in Austria. Very few terroristic acts occurred during the remainder of 1934 and as I recall in 1935 and most of 1936; this inactivity was in accordance with directives from Berlin as direct evidence to that effect, which came to my knowledge at that time, proved. Early in January, the Austrian Foreign Minister, Berger-Waldenegg, furnished me a document which I considered accurate in all respects and which stated:

‘The German Minister here, von Papen, on the occasion of his last visit to Berlin, was received three times by Chancellor Hitler for fairly long conversations, and he also took this opportunity to call on Schacht and von Neurath. In these conversations the following instructions were given to him:

‘During the next two years nothing can be undertaken which will give Germany external political difficulties. On this ground, everything must be avoided which could awaken the appearance of Germany interfering in the internal affairs of Austria. Chancellor Hitler will, therefore, also for this reason not endeavor to intervene in the present prevailing difficult crisis in the National Socialist Party in Austria, although he is convinced that order could be brought into the Party at once through a word from him. This word, however, he will, for foreign political reasons, give all the less, as he is convinced that the, for him, desirable ends may be reached also in another way. Naturally, Chancellor Hitler declared to the German Minister here, this does not indicate any disinterestedness in the idea of Austria’s independence. Also, before everything, Germany cannot for the present withdraw Party members in Austria, and must, therefore, in spite of the very real exchange difficulties, make every effort to bring help to the persecuted National Socialist sufferers in Austria. As a result, Minister of Commerce Schacht finally gave the authorization that from then on 200,000 marks a month were to be set aside for this end (support of National Socialists in Austria). The control and the supervision of this monthly sum was to be entrusted to Engineer Reinthaller, who, through the fact that he alone had control over the money, would have a definite influence on the Party followers. In this way it would be possible to end most quickly and most easily the prevailing difficulties and division in the Austrian National Socialist Party.

‘The hope was also expressed to Herr von Papen that the recently authorized foundation of German “Ortsgruppen” of the National Socialist Party in Austria (made up of German citizens in Austria) would be so arranged as not to give the appearance that Germany is planning to interfere in Austrian internal affairs.’” (_1760-PS_)

The report of Gauleiter Rainer to Reichskommissar Buerckel in July 1939, outlines the further history of the party and the leadership squabbles following the retirement of Reinthaller. In referring to the situation in 1935, he mentions some of the contacts with the Reich Government in the following terms:

“In August some further arrests took place, the victims of which were, apart from the Gauleaders, also Globocnik and Rainer. SCHATTENFROH then claimed, because of an instruction received from the imprisoned LEOPOLD, to have been made deputy country leader. A group led by engineer RAFFELSBERGER had at this time also established connections with departments of the Alt-Reich (Ministry of Propaganda, German Racial Agency, etc.) and made an attempt to formulate a political motto in the form of a program for the fighting movement of Austria.” (_812-PS_)

The Rainer report sets forth the situation a little later in 1936:

“The principles of the construction of the organization were: The organization is the bearer of the illegal fight and the trustee of the idea to create a secret organization, in a simple manner, and without compromise, according to the principle of organizing an elite to be available to the illegal land-party council upon any emergency. Besides this, all political opportunities should be taken and all legal people and legal chances should be used without revealing any ties with the illegal organization. Therefore, cooperation between the illegal party organization and the legal political aides was anchored at the top of the party leadership. All connections with the party in Germany were kept secret in accordance with the orders of the Fuehrer. These said that the German state should officially be omitted from the creation of an Austrian NSDAP; and that auxiliary centers for propaganda, press, refugees, welfare, etc. should be established in the foreign countries bordering Austria.

“Hinterleitner already contacted the lawyer Seyss-Inquart, who had connections with Dr. Wachter which originated from Seyss-Inquart’s support of the July uprising. On the other side Seyss-Inquart had a good position in the legal field and especially well-established relations with Christian-Social politicians. Dr. Seyss-Inquart came from the ranks of the ‘Styrian Heimatschutz’ and became a party member when the entire ‘Styrian Heimatschutz’ was incorporated into the NSDAP. Another personality who had a good position in the legal field was Col. Glaise-Horstenau who had contacts with both sides. The agreement of 11 July 1936 was strongly influenced by the activities of these two persons. Papen mentioned Glaise-Horstenau to the Fuehrer as being a trusted person.” (_812-PS_)

The Rainer report thus discloses the dual tactics of the Austrian Nazis during this period of keeping quiet and awaiting developments. They were maintaining their secret contacts with Reich officials, and using “front” personalities such as Glaise-Horstenau and Seyss-Inquart. The Nazis made good use of such figures, who were more discreet in their activities and could be referred to as “Nationalists”. They presented, supported, and obtained consideration of demands which could not be negotiated by out-and-out Nazis like Captain Leopold. Seyss-Inquart did not hold any public office until January 1937, when he was made Councillor of State. But Rainer, describing him as a trustworthy member of the Party through the ranks of the Styrian Heimatschutz, points him out as one who strongly influenced the agreement of 11 July 1936.

That the Nazis, but not the Austrian Government, did well to trust Seyss-Inquart, is indicated by a letter, dated 14 July 1939, addressed to Field Marshal Goering (_2219-PS_). The letter ends with the “Heil Hitler” close and is not signed, but it was undoubtedly written by Seyss-Inquart. It was found among Seyss-Inquart’s personal files. 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 in behalf of one Muehlmann, who unfortunately got in Buerckel’s bad graces. An extract from the letter, which shows Seyss-Inquart as one whose loyalty to Hitler and the aims of the Nazi conspiracy led him to fight for the Anschluss with all the means at his disposal, reads:

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 in 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. 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 desires. 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.” (_2210-PS_)

A letter from Papen to Hitler dated 27 July 1935 shows how Papen thought the doctrines of National Socialism could be used to effect the aim of Anschluss. It consists of a report entitled “Review and Outlook, One 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, Papen stated:

“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 make-up, 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 breakthrough into the front of the New Austria. A Nurnberg 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 it will perish, if it is unable to solve this task * * *.” (_2248-PS_)

Other reports from Papen to Hitler, hereinafter mentioned, show that he maintained covert contact with the National Socialist groups in Austria. From the very start of his mission Papen was thinking of ways and means of using the principle of National Socialism for “National Germans” outside the borders of Germany. Papen was working for Anschluss, and although he preferred to use the principles of National Socialism rather than rely on the party organization, he was prepared to defend the party organization as a necessary means of establishing those principles in the German Reich.

(_d_) _Assurances and Reassurances._ The German Government did 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 Austria’s independence. If Austria could but 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 pressures.

A letter from Papen, while in Berlin, to Hitler, dated 17 May 1935, indicated that a forthright, credible statement by Germany reassuring Austria would be most useful for German diplomatic purposes and the improvement of relationships between Austria and German groups in Austria (_2247-PS_). Papen had a scheme for pitting Schuschnigg and his Social-Christian forces against Starhemberg, the Vice-Chancellor of Austria, who was backed by Mussolini. He hoped to persuade Schuschnigg to ally his forces with the NSDAP in order to emerge victorious over Starhemberg. Papen indicated that he obtained this idea from Captain Leopold, leader of the illegal National Socialists. His letter states in part:

“* * * 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 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, Capt. Leopold, the totalitarian principle of the NSDAP in Austria must be replaced in the beginning by a combination of that part of the Christian-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 Mr. Schuschnigg will hardly be determined to follow such a pattern, that he will rather in all probability immediately communicate our offer to our opponents. 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 Mr. 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 far spread dislike of the Alpine countries of the pro-Italian course and in view of the sharp tensions within the federal government (_Bundesregierung_), Mr. 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 mark 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_) wanted to discuss it with you my Fuehrer.

(Signed) Papen”. (_2247-PS_)

In other words, Papen wanted a strong assurance and credible assurance, of Austria’s independence. As he put it, Germany had 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, Papen urged haste.

Exactly four days later (21 May 1935) in a Reichstag address Hitler responded to Papen’s suggestion, asserting:

“Germany neither intends nor wishes to interfere in the internal affairs of Austria, to annex Austria or to conclude an Anschluss”. (_TC-26_)

Despite this assurance, Papen suggested and Hitler announced, for a complexity of reasons, 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.

(_e_) _Temporary Continuance of a Quiet Pressure Policy._ On 1 May 1936 Hitler branded as a lie any statement that tomorrow or the day after Germany would fall upon Austria. His words were published in the _Voelkische-Beobachter_, SD, 2-3 May 1936, p. 2. (_2367-PS_)

If Hitler meant what he said, it was only in the most literal and misleading sense that he would not fall upon Austria “tomorrow or the day after”. For the conspirators well knew that the successful execution of their purpose required for a while longer the quiet policy they had been pursuing in Austria.

A memorandum of a conversation which occurred when William Bullitt, American Ambassador to France, called upon von Neurath, German Minister for Foreign Affairs, on 18 May 1936, recounts von Neurath’s explanation why Germany was trying to prevent rather than encourage an outbreak by the Nazis in Austria (_L-150_). The Nazis were growing stronger in Austria, anyway, in view of their appeal to the young people. And the German Government was doing nothing active in foreign affairs until the Rhineland, reoccupied two months before, had been “digested”, and until fortifications were constructed on the French frontier. Finally, Italy still had a conflicting interest in Austria, and Germany wished to avoid any involvement with Italy.

(_f_) _The agreement of 11 July 1936._ But if Germany was not yet ready for open conflict in Austria, its diplomatic position was vastly improved over 1934, a fact which influenced Austria’s willingness to make concessions to Germany and come to terms. As Mr. Messersmith points out, Italy, formerly a protector of Austria, had embarked on her Abyssinian adventure, and this, together with the refortification of the Rhineland, strengthened Germany’s position (_1760-PS_). This weakening of Austria helped pave the way for the Pact of 11 July 1936. (_TC-22_)

The formal part of the agreement of July 11, 1936, between the German Government and the Government of the Federal State of Austria, looks like a great triumph for Austria. It contains a confusing provision to the effect that Austria, in its policy, especially with regard to Germany, will regard herself as a German state. But the other two provisions clearly state that Germany recognizes the full sovereignty of Austria, and that it regards the inner political order of Austria (including the question of Austrian National Socialism) as an internal concern of Austria upon which it will exercise neither direct nor indirect influence.

But there was much more substance to the day’s events. Mr. Messersmith’s summary, as set forth in his affidavit, is more revealing:

“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) would devise means to give the ‘national opposition’ a role in the political life of Austria and within the framework of the Patriotic Front, and (3) would amnesty 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 the _Deutsche Nationaler_ into the Austrian Government was accomplished by the appointment of Dr. Guido Schmidt as Secretary of State for Foreign Affairs, and of Dr. Edmund Glaise-Horstenau as Minister Without Portfolio”. (_1760-PS_)

These and other provisions of the secret part of the Agreement of July 11 are set forth briefly and in general terms in an affidavit by Kurt Schuschnigg, former Chancellor of Austria, dated November 19, 1945 (_2994-PS_). By two of those provisions Austria agreed to permit Nazi organizations on Austrian soil, and also use of the swastika and singing of the Horst Wessel song—all for German subjects. On its credit side, Austria was to get repeal of the 1,000 mark barrier on tourist trade, and in general tourist trade between the two countries was to resume.

In view of the strategy and tactics of the Nazis, these were substantial concessions 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 to the community presented potential police problems. And as Mr. Messersmith pointed out in a 1934 dispatch, quoted in 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 (_1760-PS_). The preservation of internal peace in Austria was thus dependent upon Germany’s living up to its obligations under the Accord.

(4) _Germany’s Continuing Program of Weakening the Austrian Government._

(_a_) _Germany’s Instructions to the Austrian National Socialists Concerning Future Plans._ 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 five days later, Hitler violated that provision. The report of Gauleiter Rainer to Reich Commissioner Buerckel states:

“* * * 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, Dr. Rainer and Globocnik visited the Fuehrer at the ‘Obersalzburg’ where they received a clear explanation of the situation and the wishes of the Fuehrer. On 17 July 1936, all illegal Gauleiters met in Anif near Salzburg, where they received a complete report from Rainer on the statement of the Fuehrer and his political instructions for carrying out the fight. At the same conference the Gauleiters received organizational instructions from Globocnik and Hiedler.”

* * * * * *

“Upon the proposal of Globocnik, the Fuehrer named Lt. Gen. (Gruppenfuehrer) Keppler as chief of the mixed commission which was appointed, in accordance with the state treaty of 11 July 1936, to supervise the correct execution of the agreement. At the same time Keppler was given full authority by the Fuehrer for the party in Austria. After Keppler was unsuccessful in his efforts to cooperate with Leopold, he worked together with Dr. Rainer, Globocnik, Reinthaller as leader of the peasants, Kaltenbrunner as leader of the SS, and Dr. Jury as deputy-leader of the Austrian party, as well as with Glaise-Horstenau and Seyss-Inquart.” (_812-PS_)

A new strategy was developed for the Austrian Nazis. Mr. Messersmith describes it briefly in his affidavit:

“The sequel of the agreement was the only one which could have been expected in view of all the facts and previous recorded happenings. Active Nazi operations in Austria were resumed under the leadership; of a certain Captain Leopold, who it was known definitely was in frequent touch with Hitler. The Nazi program was now to form an organization through which the Nazis could carry on their operations openly and with legal sanction in Austria. There were formed in Austria several organizations which had a legal basis but which were simply a device by which the Nazis in Austria could organize, and later seek inclusion as a unit in the Patriotic Front. The most important of these was the _Ostmarkischer Verein_, the sponsor of which was the Minister of the Interior Glaise-Horstenau. Through the influence of Glaise-Horstenau and the pro-Nazi Neustadter-Sturmer, this organization was declared legal by the Courts. I made specific mention of the foregoing because it shows the degree to which the situation in Austria had disintegrated as a result of the underground and open Nazi activities directed from Germany.” (_1760-PS_)

A report from Papen to Hitler dated 1 September 1936 indicates Papen’s strategy after 11 July 1936 for destroying Austria’s independence. Papen had taken a substantial step forward with the agreement of July 11. Incidentally, after that agreement he was promoted from Minister to Ambassador. Now his tactics were developed in the following terms, as explained in the last three paragraphs of his letter of September 1:

“* * * The progress of normalizing relations with Germany at the present time is obstructed by the continued persistence of the Ministry of Security, occupied by the old anti-National Socialistic officials. Changes in personnel are therefore of utmost importance. But they are definitely not to be expected prior to the conference on the abolishing of the Control of Finances (Finanzkontrolle) at Geneva. The Chancellor of the League has informed Minister de Glaise-Horstenau, of his intention, to offer him the portfolio of the Ministry of the Interior. As a guiding principle (Marschroute) I recommend on the tactical side, continued, patient psychological treatment, with slowly intensified pressure directed at changing the regime. The proposed conference on economic relations, taking place at the end of October, will be a very useful tool for the realization of some of our projects. In discussion with government officials as well as with leaders of the illegal party (Leopold and Schattenfroh) who conform completely with the agreement of July 11. I am trying to direct the next developments in such a manner to aim at corporative representation of the movement in the fatherland front (Vaterlaendischen Front) but nevertheless refraining from putting National Socialists in important positions for the time being. However such positions are to be occupied only by personalities, having the support and the confidence of the movement. I have a willing collaborator in this respect in Minister Glaise-Horstenau.

(Signature) Papen” (_2246-PS_)

To recapitulate, this report of von Papen, discloses the following plans:

1. obtaining a change in personnel in Ministry of Security in due course;

2. obtaining cooperative representation of the Nazi movement in the Fatherland Front;

3. not putting avowed National Socialists in important positions yet, but using “nationalist” personalities;

4. using economic pressure, and “patient psychological treatment, with slowly intensified pressure directed at changing the regime.”

(_b_) _Nazi Demands and Demonstrations._ The Nazi demanded even more open recognition. In January 1937 Captain Leopold submitted a memorandum of demands. They are listed in Mr. Messersmith’s affidavit (_1760-PS_). They were not formally received by the Austrian Cabinet, but they were known to and considered by the Cabinet. They included the following demands: (1) An amnesty for all punishments or privations suffered for National Socialist or National activity or sympathy; (2) equal treatment for National Socialists, including freedom of political activity and cultural activity; (3) abolition of laws and sanctions used by the Government against Nazi activity. The memorandum advocated cooperation on the basis of political principles including: A broadening of the Patriotic Front; changes in the Cabinet; an alliance with the Reich; common racial stock as a political aim; the application of anti-Semitic measures; and an early plebiscite on Anschluss.

Mr. Messersmith’s affidavit also states that these demands, and Leopold’s petition for a nationalistic party, were supported by frequent demonstrations and much propaganda work. As early as 29 July 1936, when the Olympic Torch was carried through Vienna, there were violent Nazi disorders. From that time on there were frequent arrests for distributing illegal literature or staging illegal demonstrations. (_1760-PS_)

(_c_) _Schuschnigg’s Concessions._ Gauleiter Rainer’s historical review points out that due to the activities of the Reich officials and the Austrians who acted as the Nazi “fronts”, it was possible to obtain the appointment of Seyss-Inquart as _Staatsrat_ (Councillor of State) in July, 1937. (_812-PS_)

Schuschnigg’s affidavit mentions the Olympic Torch incident, and in addition the demonstration of the illegal Nazis at the time of the visit of von Neurath to Vienna in February 1937. Schuschnigg also points out other examples of the pressure increasingly exerted by Germany on Austria. One of his main reasons for entering into the July 11 agreement was to eliminate Germany’s 1,000 mark penalty on tourists to Austria. The penalty was removed, but Germany made it illegal for a tourist to bring more than 5 marks out of the country. And German buyers of cattle and wood purchased only from Austrian Nazis. (_2994-PS_)

Schuschnigg further reports that the incidents and pressure culminated in the so-called Tavs Plan, discovered by the Austrian police in November, 1937, containing instructions for unrest to break out among the Nazis at a prearranged time. The German Government would submit an ultimatum that National Socialists must be brought into the Government or the German Army would invade. (_2994-PS_)

It may be recalled that during this period Schuschnigg made concessions. He appointed Seyss-Inquart as Councillor of State in July, 1937. He had previously appointed a “Committee of Seven” to discuss with him the desires of the national opposition. He played a delaying game, presumably in the hope that a change in the foreign situation would provide him with external support.

B. _Germany’s Diplomatic Preparations for Conquest._

The program of the Nazi conspiracy aimed at weakening Austria externally and internally, by removing its support from without as well as by penetrating within. This program was of the utmost significance, since the events of 25 July 1934 inside Austria were overshadowed by the fact that Mussolini had brought his troops to the Brenner Pass and poised them there as a strong protector of his northern neighbor.

Accordingly, interference in the affairs of Austria, and steady increase in the pressure needed to acquire control over that country, required removal of the possibility that Italy or any other country would come to Austria’s aid. But the program of the conspiracy for the weakening and isolation of Austria was integrated with its foreign policy program in Europe generally.

The Nazi conspirators’ diplomatic preparation for war is described in a second affidavit of George S. Messersmith (_2385-PS_), which may be summarized as follows: In 1933 the Nazis openly acknowledged the ambition to expand the territorial borders of the Reich to include Austria and Czechoslovakia. As for the other countries of Southeast Europe, the professed objective was stated at that time not in terms of territorial acquisition but rather in terms of political and economic control. And the stated objectives were not limited to Southeast Europe, for important Nazis even in 1933 were stating their desire for the Ukraine as the granary of Germany.

When they came to power, the Nazis had two principal objectives. They wanted to establish their power in Germany. And they wanted to rearm and establish Germany’s armed power. They wanted peace until they were ready. But they wanted to acquire the ability to carry out their program in Europe by force if necessary, although preferably by a threat of force. They accordingly embarked upon their vast rearmament program. It proceeded very rapidly. Goering and General Milch often said to Messersmith or in his presence that the Nazis were concentrating on air power in their rearmament, as the weapon of terror most likely to give Germany a dominant position and the weapon which could be developed most rapidly.

In addition to material preparation for war, there was preparation for war in the psychological sense. Throughout Germany youth of all ages could be observed in military exercises and field maneuvers.

Moreover, as Mr. Messersmith also observes,

“Military preparation and psychological preparation were coupled with _diplomatic_ preparation designed to so disunite and isolate their intended victims as to render them defenseless against German aggression.” (_2385-PS_)

In 1933 the difficulties facing Germany in the political and diplomatic field loomed large. France was the dominant military power on the continent. She had woven a system of mutual assistance in the West and in the East. The Locarno Pact of 1928, supplemented by the Franco-Belgian alliance, guaranteed the territorial status quo in the West. Yugoslavia, Czechoslovakia, and Rumania were allied in the Little Entente and each in turn was united with France by mutual assistance pacts. Since 1922, France and Poland had likewise been allied against external aggression. Italy had made plain her special interest in Austrian independence.

Nazi Germany launched a vigorous diplomatic campaign to break up the existing alliances and understandings, to create divisions among the members of the Little Entente and the other Eastern European powers.

Specifically, Nazi Germany countered these alliances with promises of economic gain for cooperating with Germans. To some of these countries she offered extravagant promises of territorial and economic rewards. She offered Carinthia, in Austria, to Yugoslavia. She offered part of Czechoslovakia to Hungary and part of Poland. She offered Yugoslav territory to Hungary at the same time that she was offering land in Hungary to Yugoslavia.

As Mr. Messersmith states in his affidavit:

“Austria and Czechoslovakia were the first on the German program of aggression. As early as 1934, Germany began to woo neighbors of these countries with promises of a share in the loot. To Yugoslavia in particular they offered Carinthia. Concerning the Yugoslav reaction, I reported at the time:

‘* * * The major factor in the internal situation in the last week has been the increase in tension with respect to the Austrian Nazi refugees in Yugoslavia. * * * There is very little doubt but that Goering, when he made his trip to various capitals in Southeastern Europe about six months ago, told the Yugoslavs that they would get a part of Carinthia, when a National Socialist Government came into power in Austria. * * * The Nazi seed sown in Yugoslavia has been sufficient to cause trouble and there are undoubtedly a good many people there who look with a great deal of benevolence on those Nazi refugees who went to Yugoslavia in the days following July 25.’

“Germany made like promises of territorial gains to Hungary and to Poland in order to gain their cooperation or at least their acquiescence in the proposed dismemberment of Czechoslovakia. As I learned from my diplomatic colleagues in Vienna, von Papen and von Mackensen in Vienna and in Budapest in 1935, were spreading the idea of division of Czechoslovakia, in which division Germany was to get Bohemia, Hungary to get Slovakia, and Poland the rest. This did not deceive any of these countries for they knew that the intention of Nazi Germany was to take all.

“The Nazi German Government did not hesitate to make inconsistent promises when it suited its immediate objectives. I recall the Yugoslav Minister in Vienna saying to me in 1934 or 1935, that Germany had made promises to Hungary of Yugoslav territory while at the same time promising to Yugoslavs portions of Hungarian territory. The Hungarian Minister in Vienna later gave me the same information.

“I should emphasize here in this statement that the men who made these promises were not only the died-in-the-wool Nazis but more conservative Germans who already had begun to willingly lend themselves to the Nazi program. In an official despatch to the Department of State from Vienna dated October 10, 1935, I wrote as follows:

‘* * * Europe will not get away from the myth that Neurath, Papen and Mackensen are not dangerous people and that they are “diplomats of the old school.” They are in fact servile instruments of the regime and just because the outside world looks upon them as harmless, they are able to work more effectively. They are able to sow discord just because they propagate the myth that they are not in sympathy with the regime.’” (_2385-PS_)

In other words, Nazi Germany was able to promote these divisions and increase its own aggressive strength by using as its agents in making these promises men who on outward appearances were merely conservative diplomats. It is true that Nazis openly scoffed at any notion of international obligations. It is true that the real trump in Germany’s hand was its rearmament and more than that its willingness to go to war. And yet the attitude of the various countries was not influenced by those considerations alone. Schuschnigg laid great stress upon, and was willing to go to some lengths to obtain, an assurance of independence. All these countries found it possible to believe apparently substantial personages, like von Neurath, for example. They were led to rely on the assurances given, which seemed more impressive since the diplomats making them were represented as men who were not Nazis and would not stoop to go along with the base designs of the Nazis.

Germany’s approach toward Great Britain and France was in terms of limited expansion as the price of peace. They signed a naval limitations treaty with England and discussed a Locarno Air Pact. In the case of both France and England, they limited their statement of intentions and harped on fears of Communism and war.

In making these various promises, Germany was untroubled by notions of the sanctity of international obligations. High-ranking Nazis, including Goering, Frick, and Frank, openly stated to Mr. Messersmith that Germany would observe her international undertakings only so long as it suited Germany’s interests to do so. As Mr. Messersmith states in his affidavit:

“High-ranking Nazis with whom I had to maintain official contact, particularly men such as Goering, Goebbels, Ley, Frick, Frank, Darré and others, repeatedly scoffed at my position as to the binding character of treaties and openly stated to me that Germany would observe her international undertakings only so long as it suited Germany’s interests to do so. Although these statements were openly made to me as they were, I am sure, made to others, these Nazi leaders were not really disclosing any secret for on many occasions they expressed the same ideas publicly.” (_2385-PS_)

France and Italy worked actively in Southeastern Europe to counter Germany’s moves. France made attempts to promote an East Locarno Pact and to foster an economic accord between Austria and the other Danubian powers. Italy’s effort was to organize an economic bloc of Austria, Hungary, and Italy.

But Germany foiled these efforts by redoubling its promises of loot, by continuing its armament, and by another significant stratagem. The Nazis stirred up internal dissensions to disunite and weaken their intended victims. They supported the Austrian Nazis and the Henlein Party in Czechoslovakia. They probed what Goebbels called the “sore spots.” In Yugoslavia they played on the differences between the Croats and the Serbs, and in particular played on the fear of the restoration of the Hapsburgs in Austria, a fear which was very real in Yugoslavia. In Hungary, Poland, and Rumania they stirred up other fears and hatreds. These measures had considerable effect in preventing these countries from joining any which were opposed to German designs.

The Nazis consolidated their power in Germany very quickly. The German people became increasingly imbued with the Nazi military spirit. Within Germany, resistance to the Nazis disappeared. Army officers, including many who originally aided the Nazis with the limited objective of restoring the German Army, increasingly became imbued with aggressive designs as they saw how remarkably their power was growing.

The power of Nazi Germany outside the borders of the Reich increased correspondingly. Other countries feared its military might. Important political leaders in Yugoslavia, in Hungary, and in Poland became convinced that the Nazi regime would gain its ends and that the best course was to play along with Germany. These countries became apathetic toward the development of Anschluss with Austria and cooperative toward the dismemberment of Czechoslovakia. Mr. Messersmith’s despatches from Europe to the State Department, setting out the developments in these countries, are included in his second affidavit. (_2385-PS_)

As for Italy, Germany’s initial objective was to sow discord between Yugoslavia and Italy, by promising Yugoslavia Italian territory, particularly Trieste. This was to prevent France from reaching agreement with them and to block an East Locarno Pact. As Mr. Messersmith states:

“While Italy openly opposed efforts at Anschluss with Austria in 1934, Italian ambitions in Abyssinia provided Germany with the opportunity to sow discord between Italy and France and England, and to win Italy over to acceptance of Germany’s program in exchange for German support of Italy’s plans in Abyssinia.” (_2385-PS_)

That paved the way for the Austro-German declaration of 11 July 1936. And in the Fall of 1936, Germany extended the hand of friendship and common purpose to Italy in an alliance—the Rome-Berlin Axis. This, together with Germany’s alliance with Japan, put increasing pressure on England and increased the relative strength of Germany.

And so, by means of careful preparation in the diplomatic field, among others, the Nazi conspirators had woven a position for themselves so that they could seriously consider plans for war and outline a timetable. That timetable was developed in the conference with Hitler in the Reichschancellery on 5 November 1937. (_386-PS_)

C. _Crystallization of the Plan to Wage Aggressive War in Europe and to Seize Austria and Czechoslovakia._

At the meeting of the conspirators in the Reichschancellery on 5 November 1937, the Fuehrer insisted that Germany should have more space in Europe (_386-PS_). It was concluded that the space required must be taken by force, three different cases were outlined as possibilities, and it was decided that the problem would have to be solved before the period 1943 to 1945. The nature of a war in the near future was envisaged, specifically against Austria and Czechoslovakia. Hitler said that for the improvement of Germany’s military political position the first aim of the Nazis in every case of entanglement by war must be to conquer Czechoslovakia and Austria simultaneously, in order to remove any threat from the flanks in case of a possible advance Westwards. Hitler then calculated that the conquest of Czechoslovakia and Austria would constitute the conquest of food for from five to six million people, assuming that the comprehensive emigration of one million from Austria could be carried out. He further pointed out that the annexation of the two states to Germany would constitute a considerable relief, both militarily and politically, since they would provide shorter and better frontiers, would free fighting personnel for other purposes, and would make possible the reconstitution of new armies. (_386-PS_)

The minutes of this meeting reveal a crystallization in the policy of the Nazi conspirators. It had always been their aim to acquire Austria. At the outset a revolutionary Putsch was attempted, using the personnel of the Austrian Nazis, but that failed. The next period was one of surface recognition of the independence of Austria and the use of devious means to strengthen the position of the Nazis internally in Austria. Now, however, it became clear that the need for Austria, in the light of the larger aggressive purposes of the Nazi conspirators, was sufficiently great to warrant the use of force in order to obtain Austria with the desired speed. The Nazis were, in fact, able to secure Austria, after having weakened it internally and removed from it the support of other nations, merely by setting the German military machine in motion and making a threat of force. The German armies were able to cross the border and secure the country without the necessity of firing a shot. Careful planning for war and the readiness to use war as an instrument of political action made it possible in the end for the Nazis to master Austria without having to fight for it.

The German High Command had previously considered preparations against Austria. On 24 June 1937 the Reich Minister for War and Commander in Chief of the Armed Forces, General von Blomberg, issued a Top Secret Directive (_C-175_). The importance of this directive, establishing a unified preparation of the Armed Forces for war, is indicated by the fact that the carbon copy received by the Commander-in-Chief of the Navy was one of only four copies. This directive from General von Blomberg stated that the general political situation indicated that Germany need not consider an attack from any side, and also that Germany did not intend to unleash a European war. It then stated, in point 1:

“Nevertheless the politically fluid world situation, which does not preclude surprising incidents, demands a continuous preparedness for war of the German Armed Forces.

“_a._ to counter attacks at any time

“_b._ to enable the military exploitation of politically favorable opportunities should they occur.” (_C-175_)

The directive then indicated that there would be certain preparations of a general nature for war.

“2. The preparations of a general nature include:

“_a._ The permanent preparedness for mobilization of the German Armed Forces, even before the completion of rearmament and full preparedness for war.

“_b._ The further working on ‘Mobilization without public announcement’ in order to put the Armed Forces in a position to begin a war suddenly and by surprise both as regards strength and time.” (_C-175_)

The directive finally indicated, in Part 3, that there might be special preparation for war in Austria:

“Armed intervention in Austria in the event of her restoring the Monarchy.

“The object of this operation will be to compel Austria by armed force to give up a restoration.

“Making use of the domestic political divisions of the Austrian people, the march in will be made in the general direction of Vienna and will break any resistance.” (_C-175_)

This plan is indicated in the document as having been superseded by new and more detailed plans following the meeting of November 5, 1937.

The plans of the conspirators were further revealed in two conversations held by William Bullitt, United States Ambassador to France with Schacht and with Goering in November, 1937. Both Schacht and Goering told Bullitt that Germany was determined to annex Austria. Goering further added that there could be no final solution of the Sudeten-German question other than inclusion in the Reich. (_L-151_)

D. _Pressure and Threats Resulting in Further Concessions: Berchtesgaden, 12 February 1938._

Chancellor Schuschnigg states in an affidavit (_2995-PS_) that in 1938 von Papen suggested to him that he should meet Hitler at Berchtesgaden. After several discussions Schuschnigg agreed to go, provided three conditions were met:

(1) He must be invited by Hitler.

(2) He must be previously informed of the precise agenda and assured that the agreement of 11 July 1936 would be maintained.

(3) There was to be an agreement in advance that the communique to be published at the end of the meeting would affirm the 11 July 1936 agreement.

Von Papen brought back word from Hitler inviting Schuschnigg and agreeing with these conditions, particularly the maintenance of the July 1936 treaty. (_2995-PS_)

The official German communique of this conference between Hitler and Schuschnigg at Obersalzberg on 12 February 1938 was calm (_2461-PS_). The communique stated that the unofficial meeting was caused by the mutual desire to clarify by personal conversations the questions relating to the relationship between the German Reich and Austria. The communique listed, as among those present, Schuschnigg and his Foreign Minister Schmidt, Hitler and his Foreign Minister Ribbentrop, and von Papen. The communique concluded: “Both statesmen are convinced that the measures taken by them constitute at the same time an effective contribution toward the peaceful development of the European situation.” (_2461-PS_). A similar communique was issued by the Austrian Government.

In fact, as a result of the conference great concessions were obtained by the German Government from Austria. The principal concessions are contained in the official Austrian communique dated 16 February 1938 (_2464-PS_). The communique announced a reorganization of the Austrian Cabinet, including the appointment of Seyss-Inquart to the position of Minister of Security and Interior. In addition, announcement was made of a general political amnesty to Nazis convicted of crimes. (_2464-PS_)

Two days later, on 18 February 1938, another concession was divulged in the official German and Austrian communique concerning the equal rights of Austrian National Socialists in Austria (_2469-PS_). The communique announced that pursuant to the Berchtesgaden conference, the Austrian National Socialists would be taken into the Fatherland Front, the single legal political party of Austria.

Schuschnigg’s affidavit on his Berchtesgaden visit on February 12, 1938 (_2995-PS_) points out that considerable pressure was brought to bear on him at the Berghof. Several Generals—Keitel, Sperrle, and Reichenau, names which were omitted from the formal communique later issued—were present on his arrival. The conference started with a two-hour conference between Schuschnigg and Hitler alone. Hitler made no precise demands but attacked Schuschnigg violently. In the words of the affidavit:

“I furthermore state and affirm that, immediately after arriving at the Berghof, I commenced a conference with Hitler. Hitler and I were alone for two hours. Hitler attacked in a violent manner the politics of Austria, both of the past and present. He furthermore informed me that he, Hitler, had ‘decided to bring the Austrian question to a solution so-or-so, even if he had to immediately use military force.’ At no time during the first two hours of our conversation did Hitler ever make any precise demands or requests of me, but spent the whole of the two hours accusing me and menacing me as a traitor to Austrian politics. Especially he informed me that, according to his knowledge, Austria could no longer reckon with any assistance from other European Powers, and that Austria now stood alone in the world. He furthermore added—‘Schuschnigg, you now have the chance to put your name alongside the names of other famous German leaders, such as Goering, Hess, Frick, Epp, Goebbels, and others.’ * * * “. (_2995-PS_)

After Hitler’s violent threats, Schuschnigg had discussions of a calmer nature with von Ribbentrop and von Papen. They talked soothingly and comfortingly to Schuschnigg but reached the same conclusion, that he should yield to German demands, which in practical effect meant Nazi control of the Government of Austria.

“I furthermore state and affirm that I was next called before Joachim von Ribbentrop with my Secretary for Foreign Affairs, Guido Schmidt, and, in the presence of Franz von Papen, Ribbentrop exhibited to me a typewritten draft containing the conditions and demands made by Hitler upon me and Austria. He furthermore added that Hitler has informed me, Ribbentrop, ‘that these demands that I now offer to you are the final demands of the Fuehrer and that he, Hitler, is not prepared to further discuss them’. He further stated that, ‘you must accept the whole of these demands herein contained’. Ribbentrop then advised me to accept the demands at once. I protested, and referred him to my previous agreements with von Papen, made prior to coming to Berchtesgaden, and made it clear to Ribbentrop that I was not prepared to be confronted with such unreasonable demands as he had then and there placed before me. Von Papen, still present, apologized and informed me that he, von Papen, was entirely surprised and not at all informed about the aims of the Fuehrer, as here laid down. He further stated, and informed me, that he, von Papen, could only offer his advice and that he should now accede to, and sign, these demands. He furthermore informed me that I could be assured that Hitler would take care that, if I signed these demands and acceded to them, that from that time on Germany would remain loyal to this Agreement and that there would be no further difficulties for Austria.” (_2995-PS_)

Finally, after obtaining some minor concessions from Ribbentrop, Schuschnigg met with Hitler again. This time Hitler not only put pressure upon Schuschnigg, but also, upon learning that the approval of President Miklas of Austria was necessary, indicated clearly to Schuschnigg that military action would follow if Miklas did not approve the agreement. In the words of Schuschnigg’s affidavit:

“I further state and say, that I then went before Hitler again. Hitler was very excited and informed me that he would make a final test with Austria, and stated further: ‘that you must fulfill the conditions of the demands made by me on you within three days, or else I will order the march into Austria.’ I replied: ‘I am not able to take over the obligation to fulfill your demands, for I am only the Chancellor of Austria, and that obligation you attempt to place upon me is the duty only of the Federal President, Miklas; I am only able to sign the draft and, when I arrive in Vienna, to present it to the Federal President’. Hitler then flung open the door and yelled ‘Keitel’. At the same time, Hitler asked me to wait outside. Keitel then came in to Hitler. After twenty minutes or more I was again called before Hitler and, when before him, he, Hitler, informed me as follows: ‘For the first time in my life, I have changed my mind. You must sign the demands that I have made upon you, then report them to the Federal President, Miklas, and within three days from now Austria must fulfill the Agreement, otherwise things will take their natural course’. I then agreed to sign the demands and, while waiting in Hitler’s private room, he, Hitler, in an entirely changed mood, said to Franz von Papen, who was also present, ‘Herr von Papen, through your assistance I was appointed Chancellor of Germany and thus the Reich was saved from the abyss of communism. I will never forget that’. Papen replied: ‘_Jawohl, Mein Fuehrer_’.

“I furthermore say and affirm that I, in the presence of Ribbentrop, Guido Schmidt, von Papen, and Hitler, signed the demands, and retained a copy for the Austrian Government. “I further state and affirm that, on the way back to Vienna from Berchtesgaden, Franz von Papen accompanied me and my party. Between the Berghof and Berchtesgaden, von Papen informed me as follows: ‘Now, you have your own impression of how excited the Fuehrer can get, but that happens very seldom, and I am convinced that the next time you meet him, you will have an amicable conversation with him.’” (_2995-PS_)

The pressure put on Schuschnigg at Berchtesgaden is also disclosed in von Papen’s notes on his last meeting with Schuschnigg, on 26 February 1938, the last two paragraphs of which read:

“I then introduced into the conversation the widespread opinion that he had acted under ‘brutal pressure’ in Berchtesgaden. I myself had been present and been able to state that he had always and at every point had complete freedom of decision. The Chancellor replied he had actually been under considerable moral pressure, he could not deny that. He had made notes on the talk which bore that out. I reminded him that despite this talk he had not seen his way clear to make any concessions, and I asked him whether without the pressure he would have been ready to make the concessions he made late in the evening. He answered: ‘To be honest, no!’ It appears to me of importance to record this statement.” (_1544-PS_)

For diplomatic purposes von Papen, who had been at Berchtesgaden, kept up the pretense that there had been no pressure. But General Jodl, writing the account of current events for his diary, was more candid. This hand-written diary discloses not only the pressure at Berchtesgaden but also the fact that for some days thereafter, General Keitel and Admiral Canaris worked out a scheme for shamming military pressure, in order to coerce President Miklas into ratifying the agreement. And so the Nazi conspirators kept up the military pressure, with threats of invasion, for some days after the Berchtesgaden conference, in order to produce the desired effect on Miklas. (_1780-PS_)

The following entries, for Feb. 11-Feb. 14 were made in Jodl’s diary:

“_11 February_:

“In the evening and on 12 February General K. with General V. Reichenau and Sperrle at the Obersalzberg. Schuschnigg together with G. Schmidt are again being put under heaviest political and military pressure. At 2300 hours Schuschnigg signs protocol.

“_13 February_:

“In the afternoon General K. asks Admiral C. and myself to come to his apartment. He tells us that the Fuehrer’s order is to the effect that military pressure by shamming military action should be kept up until the 15th. Proposals for these deceptive maneuvers are drafted and submitted to the Fuehrer by telephone for approval.

“_14 February_:

“At 2:40 o’clock the agreement of the Fuehrer arrives. Canaris went to Munich to the Counter-Intelligence office VII and initiates the different measures.

“The effect is quick and strong. In Austria the impression is created that Germany is undertaking serious military preparations.” (_1780-PS_)

The proposals for deceptive maneuvers mentioned by Jodl were signed by Keitel. Underneath his signature appeared a pencilled note that the Fuehrer approved the proposals. Among the rumors which Keitel proposed for the intimidation of Austria were the following:

“1. To take no real preparatory measures in the Army or Luftwaffe. No troop movements or redeployments.

“2. Spread false, but quite credible news, which may lead to the conclusion of military preparations against Austria.

“_a._ through V-men (V-Maenner) in Austria,

“_b._ through our customs personnel (staff) at the frontier,

“_c._ through travelling agents.

“3. Such news could be:

“_a._ Furloughs are supposed to have been barred in the Sector of the VII A.K.

“_b._ (Rolling Stock) is being assembled in Munich, Augsburg, and Regensburg.

“_c._ Major General Muff, the Military Attache in Vienna has been called for a conference to Berlin. (As a matter of fact, this is the case).

“_d._ The Police Stations located at the frontier of Austria, have called up reinforcements.

“_e._ Custom officials report about the imminent maneuvers of the Mountain Brigade (_Gebirgsbrigade_) in the region of Freilassing, Reichenhall and Berchtesgaden.” (_1775-PS_)

The pattern of intimidation and rumor was effective, for in due course, as is shown in the communiques already referred to, President Miklas ratified the Berchtesgaden agreement, which foreshadowed a National Socialist Austria.

E. _Events Culminating in the German Invasion on 12 March 1938._

(1) _The Plebiscite._ The day after his appointment as Minister of the Interior, Seyss-Inquart flew to Berlin for a conference with Hitler. (_2484-PS_)

On 9 March 1938, three weeks after Seyss-Inquart had been put in charge of the police, Schuschnigg announced that he would hold a plebiscite throughout Austria on the following Sunday, 13 March 1938. The question was: “Are you for an independent and social, a Christian, German and united Austria?” A “yes” answer to this question was clearly compatible with the agreement made by the German Government on 11 July 1936, and carried forward at Berchtesgaden on 12 February 1938. Moreover, for a long while the Nazis had been demanding a plebiscite on the question of Anschluss. But the Nazis apparently appreciated the likelihood of a strong “yes” vote on the question put by Schuschnigg, and they could not tolerate the possibility of such a vote of confidence in the Schuschnigg Government. They took this occasion to overturn the Austrian Government.

Although the Plebiscite was not announced until the evening of 9 March, the Nazi Organization received word about it earlier in the day. It was determined by the Nazis that they had to ask Hitler what to do about the situation, and that they would prepare a letter of protest against the Plebiscite from Seyss-Inquart to Schuschnigg, and that pending Hitler’s approval, Seyss-Inquart would pretend to negotiate with Schuschnigg about details of the plebiscite.

In the words of Gauleiter Rainer’s report to Reichscommissioner Buerckel:

“The _Landesleitung_ received word about the planned plebiscite through illegal information services, on 9 March 1938 at 10 a.