Chapter VII. The evidence hereinafter taken up is limited to proving the

responsibility of the Leadership Corps and its members for participation in illegal activities against the Christian church and clergy.

Bormann, who was a _Reichsleiter_ and Chief of the Nazi Party Chancellery, issued a secret decree addressed to all _Gauleiter_, entitled “Relationship of National Socialism and Christianity” (_D-75_). In this decree _Reichsleiter_ Bormann flatly declared that National Socialism and Christianity are incompatible and that the influence of the churches in Germany must be eliminated:

“National Socialist and Christian concepts are irreconcilable. * * * Our National Socialist ideology is far loftier than the concepts of Christianity, which, in their essential points, have been taken over from Jewry. For this reason also, we do not need Christianity. * * * If, therefore, in the future our youth learns nothing more of this Christianity, whose doctrines are far below ours, Christianity will disappear by itself. * * * It follows from the irreconcilability of National Socialist and Christian concepts that a strengthening of existing confessions and every demand of originating Christian confessions is to be rejected by us. A differentiation between the various Christian confessions is not to be made here. For this reason, also, the thought of an erection of an Evangelical National Church by merger of the various Evangelical churches has been definitely given up, because the Evangelical Church is just as inimicable to us as the Catholic Church. Any strengthening of the Evangelical Church would merely react against us. * * *

“For the first time in German history, the Fuehrer consciously and completely has the leadership of the people in his own hand. With the Party, its components, and attached units, the Fuehrer has created for himself, and thereby the German Reich leadership, an instrument which makes him independent of the Church. All influences which might impair or damage the leadership of the people exercised by the Fuehrer, with the help of the NSDAP, must be eliminated. More and more the people must be separated from the churches and their organs, the pastors. Of course, the churches must and will, seen from their viewpoint, defend themselves against this loss of power. But never again must an influence on leadership of the people be yielded to the churches. This influence must be broken completely and finally.

“Only the Reich Government and, by its direction, the Party, its components and attached units have a right to leadership of the people. Just as the deleterious influences of astrologers, seers and other fakers are eliminated and suppressed by the State, so must the possibility of Church influence also be totally removed. Not until this has happened, does the State leadership have influence on the individual citizens. Not until then are people and Reich secure in their existence for all the future.” (_D-75_)

On 25 April 1941 a letter was issued from Bormann’s office to Rosenberg, in his capacity as the Fuehrer’s Representative for the Supervision of the Entire Mental and Ideological Training and Education of the NSDAP (_070-PS_). In this letter Bormann’s office stated that measures had been taken leading to the progressive cancellation of morning prayers and other religious services and their substitution by Nazi mottos and slogans:

“We are inducing schools more and more to reduce and abolish religious morning services. Similarly the confessional and general prayers in several parts of the Reich have already been replaced by national socialist mottos. I would be grateful, to know your opinion on a future national socialist morning service instead of the present confessional morning services which are usually conducted once per week * * *.” (_070-PS_)

In a letter from _Reichsleiter_ Bormann to _Reichsleiter_ Rosenberg, dated 22 February 1940, Bormann declared to Rosenberg that the Christian religion and National Socialism are incompatible (_098-PS_). Bormann cited, as examples of hostile divergence between Naziism and the churches, the attitude of the latter on the racial question, celibacy of the priests, monasteries and nunneries, etc. Bormann further declared that the churches could not be subjugated through compromise, but only through a new philosophy of life as prophesied in Rosenberg’s writings. In this letter, Bormann proposed the creation of a National Socialist Catechism, in order to give that part of the German youth which declines to practice confessional religion, a moral foundation, and to lay a moral basis for National Socialist doctrines, which were gradually to supplant the Christian religions. Bormann suggested that some of the Ten Commandments could be merged with the National Socialist Catechism and stated that a few new Commandments should be added, such as: Thou shalt be courageous; Thou shalt not be cowardly; Thou shalt believe in God’s presence in the living nature, animals, and plants; Thou shalt keep thy blood pure; etc. Deputy of the Fuehrer Bormann concluded that he considered the problem so important that it should be discussed with the members of the Reich Directorate, comprising the top leaders of the Leadership Corps of the Nazi Party, as soon as possible. (_098-PS_)

At one point in this letter, Bormann stated:

“Christianity and National Socialism are phenomena which originated from entirely different basic causes. Both differ fundamentally so strongly, that it will not be possible to construct a Christian teaching which would be completely compatible with the point of view of the National Socialist ideology; just as the communications of Christian faith would never be able to stand by the ideology of National Socialism in its entirety * * *.” (_098-PS_)

After discussing various proposals for the formulation of a Nazi religious credo for instruction in the German school system, Bormann stated:

“The Fuehrer’s deputy finds it necessary that all these questions should be thoroughly discussed in the near future in the presence of the Reich Leaders [_Reichsleiter_] who are especially effected by them * * *.” (_098-PS_)

In a circular letter, dated 17 June 1938, addressed by Bormann as _Reichsleiter_ and Deputy of the Fuehrer to all _Reichsleiter_ and _Gauleiter_, there was enclosed a copy of rules prepared by _Reichsleiter_ Hierl, setting forth certain restrictive regulations with respect to participation of the Reich Labor Service in religious celebrations (_107-PS_). Pertinent portions of the directives issued by _Reichsleiter_ Hierl read as follows:

“The Reich Labor Service is a training school in which the German youth should be educated to national unity in the spirit of National Socialism * * *.

“What religious beliefs a person has is not a decisive factor, but it is decisive that he first of all feels himself a German.

“Every religious practice is forbidden in the Reich Labor Service because it disturbs the comradelike harmony of all working men and women.

“On this basis, every participation of the Reich Labor Service in churchly, that is religious, arrangements and celebrations is not possible.” (_107-PS_)

The position of Bormann as Deputy of the Fuehrer and chief of the Nazi Party Chancellery, and the position of Rosenberg as the Fuehrer’s Representative for the Whole Spiritual and Philosophical Education of the Nazi Party, give to the foregoing views on religion and religious policy the highest official backing. The anti-Christian utterances and policies of these two conspirator-defendants reveal a community of mind and intention amongst the most powerful leaders of the party which was amply confirmed by the actual treatment of the churches since 1933 and throughout the course of the conspiracy. An excerpt from page 514 of “The Myth of the 20th Century,” written by Rosenberg, reads as follows:

“The idea of honor—national honor—is for us the beginning and the end of our entire thinking and doing. It does not admit of any equal-valued center of force along side of it, no matter of what kind, neither Christian love, nor the Free-Masonic humanity, nor the Roman philosophy.” (_2349-PS_)

In addition to promoting beliefs and practices fundamentally incompatible with Christianity, the Leadership Corps participated in the persecution of priests, clergy, and members of religious orders. A Gestapo telegram, dated 24 July 1938, dispatched from Berlin to Nurnberg, deals with demonstrations and acts of violence against Bishop Sproll in Rottenburg (_848-PS_). The Gestapo office in Berlin wired its Nurnberg office the following teletype account received from its Stuttgart office of disorderly conduct and vandalism carried out by Nazi Party members against Bishop Sproll:

“The Party on 23 July 1939 from 2100 on carried out the third demonstration against Bishop Sproll. Participants, about 2500-3000, were brought in from outside by bus, etc. The Rottenburg populace again did not participate in the demonstration. This town took rather hostile attitude toward the demonstrations. The action got completely out of hand of the Party member responsible for it. The demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forced their way into the palace, searched through the rooms, threw files out of the windows and rummaged through the beds in the rooms of the palace. One bed was ignited * * * The Bishop was with Archbishop Groeber of Freiburg and the ladies and gentlemen of his menage in the chapel at prayer. About 25 to 30 people pressed into this chapel and molested those present. Bishop Groeber was taken for Bishop Sproll. He was grabbed by the robe and dragged back and forth * * *.” (_848-PS_)

The Gestapo official in Stuttgart added that Bishop Groeber desired “to turn to the Fuehrer and Reich Minister of the Interior, Dr. Frick, anew”; and that he had found a full report of the demonstration after “suppressing counter mass meetings.” (_848-PS_)

On 23 July 1938 the Reich Minister for Church Affairs, Kerrl, sent a letter to the Minister of State and Chief of the Praesidium Chancellery, Berlin, stating that Bishop Sproll had angered the population by abstaining from the plebiscite of 10 April (_849-PS_). In this letter Kerrl stated that the _Gauleiter_ and Governor of Wuerttemberg had decided that, in the interest of preserving the State’s authority and in the interest of quiet and order, Bishop Sproll could no longer remain in office. The letter reads in part as follows:

“* * * The Reich Governor had explained to the Ecclesiastical Board that he would no longer regard Bishop Sproll as Head of the Diocese of Rottenburg on account of his refraining from the election in the office and that he desired Bishop Sproll to leave the Gau area * * * because he could assume no guarantee for his personal safety; that in the case of the return of the Bishop of Rottenburg he would see to it that all personal and official intercourse with him on the part of State offices as well as Party offices and the Armed Forces would be denied.” (_849-PS_)

Kerrl further stated in the foregoing letter that his Deputy had moved the Foreign Office, through the German Embassy at the Vatican, to urge the Holy See to persuade Bishop Sproll to resign his Bishopric. Kerrl concluded by stating that should the effort to procure the Bishop’s resignation prove unsuccessful

“* * * the Bishop would have to be exiled from the land or there would have to be a complete boycott of the Bishop by the authorities * * *.” (_849-PS_)

On 14 July 1939 Bormann, in his capacity as Deputy of the Fuehrer, issued a party regulation which required party members entering the clergy or undertaking the study of theology to leave the party (_840-PS_). The last paragraph of the regulation reads as follows:

“I decree that in the future party members who enter the clergy or who turn to the study of theology have to leave the party.” (_840-PS_)

In this directive Bormann also referred to an earlier decree, dated 9 February 1937, in which he had ruled that the admission of members of the clergy into the party was to be avoided. In that decree also Bormann referred with approval to a regulation of the Reich Treasurer of the NSDAP, dated 10 May 1939, providing that—

“clergymen, as well as other fellow Germans, who are also closely connected with the church, cannot be admitted into the party.” (_840-PS_)

In the Allocution of His Holiness, Pope Pius XII, to the Sacred College on 2 June 1945, His Holiness, after declaring that he had acquired an appreciation of the great qualities of the German people in the course of 12 years of residence in their midst, expressed the hope that Germany could rise to new dignity and new life once it had laid the satanic specter raised by National Socialism, and after the guilty had expiated the crimes they have committed (_3268-PS_). After referring to repeated violations by the German government of the Concordat concluded in 1933, His Holiness declared:

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

“In the meantime the Holy See itself multiplied its representations and protests to governing authorities in Germany, reminding them, in clear and energetic language, of their duty to respect and fulfill the obligations of the natural law itself that were confirmed by the Concordat. In those critical years, joining the alert vigilance of a Pastor to the long-suffering patience of a father, Our great Predecessor Pius XI fulfilled his mission as Supreme Pontiff with intrepid courage.

“But when, after he had tried all means of persuasion in vain, he saw himself clearly faced with deliberate violations of a solemn pact, with a religious persecution masked or open, but always rigorously organized, he proclaimed to the world, on Passion Sunday 1937, in his Encyclical _Mit brennender Sorge_, what National-Socialism really was; the arrogant apostasy from Jesus Christ, the denial of His doctrine and of His work of redemption, the cult of violence, the idolatry of race and blood, the overthrow of human liberty and dignity * * *.

“From the prisons, concentration camps and fortresses are now pouring out, together with the political prisoners, also the crowds of those, whether clergy or laymen, whose only crime was their fidelity to Christ and to the faith of their fathers or the dauntless fulfillment of their duties as priests * * *.

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

The Leadership Corps participated in the confiscation of church and religious property. A letter dated 19 April 1941 from _Reichsleiter_ Bormann to _Reichsleiter_ Rosenberg exposes the participation of the _Gauleiter_ in measures relating to the confiscation of religious property (_072-PS_). The letter reads in part as follows:

“The libraries and art objects of the monasteries confiscated in the Reich were to remain for the time being in these monasteries, insofar as the Gauleiter had not determined otherwise.” (_072-PS_)

On 21 February 1940, the Chief of the Security Police and SD, Heydrich, wrote a letter to the Reichsfuehrer SS, Himmler, proposing that certain listed churches and monasteries be confiscated for the accommodation of so-called racial Germans. (Himmler was a _Reichsleiter_ in the Leadership Corps by virtue of his position as Reichsfuehrer of the SS.) After pointing out that, on political grounds, outright expropriation of religious property would not be feasible at the time, Heydrich suggested certain specious interim actions with respect to the church properties in question, to be followed progressively by outright confiscation (_R-101-A_). Heydrich’s letter makes the following statements:

“Enclosed is a list of church possessions which might be available for the accommodation of Racial Germans. The list, which please return, is supplemented by correspondence and illustrated material pertinent to the subject.

“For political reasons, expropriation without indemnity of the entire property of the churches and religious orders will hardly be possible at this time.

“Expropriation with indemnity or in return for assignment of other lands and grounds will be even less possible.

“It is therefore suggested that the respective authorities of the Orders be instructed that they make available the monasteries concerned for the accommodation of Racial Germans and remove their own members to other less populous monasteries. [Marginal note in pencil opposite this paragraph: “Very good!”]

“The final expropriation of these properties thus placed at our disposal can then be carried out step by step in course of time.” (_R-101-A_)

On 5 April 1940, the Chief of the Security Police and of the Security Service SS sent a letter to the Reich Commissioner for the consolidation of Germandom, enclosing a copy of the foregoing letter from Heydrich to Himmler proposing the confiscation of church properties (_R-101-A_). The letter of 5 April 1940 stated:

“The Reich Leader SS has agreed to the proposals made in the enclosed letter and has ordered the matter to be dealt with by collaboration between the Chief of the Security Police and Security Service and your office.” (_R-101-A_)

A letter dated 30 July 1941 (_R-101-C_) written by an SS-Standartenfuehrer whose signature is illegible, to the Reich Leader of the SS, supplies further evidence of the participation of the _Gauleiter_ in the seizure of church property:

“Further to report of 30 May 1941 this office considers it its duty to call the Reich Leader’s attention to the development which is currently taking place in the incorporated Eastern countries with regard to seizure and confiscation of Church property.

“As soon as the Reich Laws on expropriation had been introduced, the Reich Governor and _Gauleiter_ in the Wartheland adopted the practice of expropriating real estate belonging to churches for use as dwellings. He grants compensation to the extent of the assessed value and pays the equivalent amount into blocked accounts.

“Moreover the East German Estate Administration Limited reports that in the ‘_Warthegau_’ all real estate owned by the churches is being claimed by the local _Gau_ administration [_Gauselbstverwaltung_].” (_R-101-C_)

Another letter, this one from the Chief of the Staff Main Office to Himmler, dated 30 March 1942, dealing with the confiscation of church property, evidences the active participation of the Party Chancellery in the confiscation of religious property (_R-101-D_). In this letter the Chief of the Staff Main Office reports to Himmler concerning the policy of the SS in suspending all payments of rent to monasteries and other church institutions whose property had been expropriated. The letter discusses a proposal made by the Reich Minister of the Interior, in which the Party Chancery prominently participated, to the effect that the church institutions should be paid amounts corresponding to current mortgage charges on the premises without realizing any profit. The writer further suggests that such payments should never be made directly to the ecclesiastical institutions but rather should be made to the creditors of such institutions:

“Such an arrangement would be in line with the basic idea of the settlement originally worked out between the Party Chancery and the Reich Minister of the Interior.” (_R-101-D_)

The Leadership Corps of the Nazi Party participated in the suppression of religious publications and interfered with free religious education. In a letter dated 27 September 1940, _Reichsleiter_ and Deputy of the Fuehrer Bormann transmitted to Rosenberg a photostatic copy of a letter from _Gauleiter_ Florian to Hess, dated 23 September 1940, which expresses the _Gauleiter’s_ intense disapproval on Nazi ideological grounds of a religious pamphlet entitled “The Spirit and Soul of the Soldiers,” written by a Major General von Rabenau (_064-PS_). The _Gauleiter_ urges that the religious writings of General von Rabenau be suppressed. Florian also discusses a conversation he had with General von Rabenau at the close of a lecture delivered by the General to a group of younger Army officers at Aachen. This conversation illumines the hostile attitude of the Leadership Corps of the Nazi Party toward the Christian churches:

“After he had affirmed the necessity of the churches, Rabenau said, with emphasized self-assurance, something like the following: ‘Dear Gauleiter, the Party is making mistake after mistake in the business with the churches. Obtain for me the necessary powers from the Fuehrer and I guarantee that I shall succeed in a few months in establishing peace with the churches for all times.’ After this catastrophic ignorance, I gave up the conversation. Dear Party Member Hess: the reading of von Rabenau’s pamphlet ‘Spirit and Soul of the Soldier’ has reminded me again of this. In this brochure, Rabenau affirms the necessity of the Church straight-forward and clearly, even if it is prudently careful. He writes on page 28 ‘There could be more examples; they would suffice to show that a soldier in this world can scarcely get along without thoughts about the next one.’ Because von Rabenau is falsely based spiritually, I consider his activities as an educator in spiritual affairs as dangerous, and I am of the opinion that his educational writings are to be dispensed with absolutely and that the publication section of the NSDAP can and must renounce these writings * * * The churches with their Christianity are this danger against which the struggle must always be carried on.” (_064-PS_)

That the Party Chancellery shared the _Gauleiter’s_ hostility to the Christian churches is further revealed by Bormann’s instruction to Rosenberg to “take action” on the _Gauleiter’s_ recommendation that the General’s writings be suppressed. (_064-PS_)

Another letter from Bormann to Rosenberg, dated 8 March 1940, enclosed a copy of Bormann’s letter of the same date to _Reichsleiter_ Amann (_089-PS_). Amann was a top member of the Leadership Corps by virtue of his position as _Reichsleiter_ for the Press and Leader of the Party Publishing Company. In this letter to Amann, Bormann expressed his dismay and dissatisfaction that only 10 percent of the 3,000 Protestant periodicals in Germany had ceased publication for what are described as “paper saving” reasons. Bormann then advised Amann that “the distribution of any paper whatsoever for such periodicals” was barred (_089-PS_). Bormann also instructed Amann to make sharper restrictions in the distribution of paper against religious writings in favor of publications more acceptable to the Nazi ideology:

“I urge you [Bormann is addressing _Reichsleiter_ Amann] to see to it in any redistribution of paper to be considered later that the confessional writing, which according to experiences so far gathered possesses very doubtful value for strengthening the power of resistance of the people toward the external foe receives still sharper restrictions in favor of literature, politically and ideologically more valuable.” (_089-PS_)

A further letter from Bormann to Rosenberg, dated 17 January 1940, expressed the Party’s opposition to the circulation of religious literature to the members of the German Armed Forces (_101-PS_). Pertinent excerpts from Bormann’s letter read as follows:

“Nearly all the districts [_Gaue_] report to me regularly that the churches of both confessions are administering spiritually to members of the Armed Forces. This administering finds its expression especially in the fact that soldiers are being sent religious publications by the spiritual leaders of the home congregations. These publications are, in part, very cleverly composed. I have repeated reports that these publications are being read by the troops and thereby exercise a certain influence on the morale.

“I have, in the past, sought by sounding out the General Field Marshal, the High Command of the Armed Forces, and * * * Reich Director Amann, to restrict considerably the production and shipment of publications of this type. The result of these efforts remains unsatisfactory. As _Reichsleiter_ Amann has repeatedly informed me, the restriction of these pamphlets by means of the * * * paper rationing has not been achieved because the paper * * * is being purchased on the open market.

“If the influencing of the soldiers by the church is to be effectively combatted, this will only be accomplished by producing many good publications in the shortest possible time under the supervision of the Party * * *.

“Thus at the last meeting of the Deputy _Gauleiters_, comments were uttered on this matter to the effect that a considerable quantity of such publications are not available.

“I maintain that it is necessary that in the near future we transmit to the Party Service Office down to _Ortsgruppenleitern_ a list of additional publications of this sort which should be sent to our soldiers by the _Ortsgruppen_. * * *” (_101-PS_)

The Leadership Corps also participated in measures leading to the closing and dissolution of theological schools and other religious institutions. In a letter dated 17 April 1939 Bormann transmitted to Rosenberg photostatic copy of a plan suggested by the Reich Minister for Science, Education, and Training for the combining and closing of certain specifically listed theological faculties (_122-PS_). In his letter of transmittal Bormann requested Rosenberg to take “cognizance and prompt action” with respect to proposed suppression of religious institutions. The plan to suppress the religious institutions was summarized as follows:

“To recapitulate, this plan would include the complete closing of the theological faculties at Innsbruck, Salzburg, and Munich, the transfer of the faculty of Graz to Vienna, and the vanishing of four Catholic faculties; closing of three Catholic theological faculties or higher schools, and of four evangelical faculties in the Winter semester 1939/1940; closing of one further Catholic and of three further evangelical faculties in the near future.” (_122-PS_)

A final letter from Bormann to Rosenberg, dated 24 January 1939, enclosed for Rosenberg’s cognizance a copy of Bormann’s letter to the Reich Minister for Knowledge and Education (_116-PS_). In the enclosed letter, Bormann informed the Minister as to the Party’s position in favor of restricting and suppressing theological faculties. Bormann stated that, owing to the effects of the introduction of military service, the consequences of the Four Year Plan, and the extraordinary lack of replacements, it would become necessary to carry out a reorganization of the German high schools. In view of these developments, he requested the Minister to restrict and suppress the theological faculties:

“* * * I would appreciate it very much if you would restrict the theological faculties in so far as they cannot be wholly suppressed in accordance with the above statement. I request in this instance the omission of any expressed declaration to the Churches or to other places, as well as the avoiding of a public announcement of these measures. Complaints and the like must be answered (if they are to be replied to) in the fashion that these measures are being executed in the course of the economic plan of reorganization and that similar things are happening to other faculties.

“I would appreciate it very much if professional chairs thus vacated can be then turned over to the newly created fields of inquiry of these last years, such as Racial Research, Archeological Studies, etc.” (_116-PS_)

From the foregoing evidence it is clear the Leadership Corps of the Nazi Party shares in the responsibility for the measures taken to subvert the Christian churches and persecute the Christian clergy, both in Germany and in German-occupied territories of Europe. The Prosecution stresses the significance of the appointment of Rosenberg, whose anti-Christian views are open and notorious, as the Fuehrer’s Representative for the Whole Spiritual and Philosophical Education of the Nazi Party. It was precisely this position which gave Rosenberg his seat in the _Reichsleitung_. But emphasis is placed not merely upon the fact that anti-Christs such as Bormann and Rosenberg held directive positions within the Leadership Corps, but upon the further fact that their directives and orders were passed down the chain of command of the Leadership Corps and caused the participation of its membership in acts subversive of the Christian Church.

(_e_) _Destruction of the Free Trade Unions, Imposition of Nazi Control over the Productive Labor Capacity of Germany._ The evidence relating to the destruction of the independent trade unions is discussed in Section 5 of Chapter VII. The evidence hereinafter taken up is offered to prove the responsibility of the Leadership Corps for participation in the smashing of the unions and the imposition of Nazi Party control over the productive labor capacity of the German nation.

Soon after the seizure of power (mid-April 1933), _Reichsleiter_ Robert Ley was directed by Hitler to smash the independent unions. _Reichsleiter_ Ley, in his speech to the Nurnberg Party Congress of 1936, declared:

“* * * My Fuehrer! When you, my Fuehrer, ordered me in mid-April 1933 to take over the trade unions, I could not understand why you gave this order to me since I could not see any connection between my task as Organizational Leader of the Party and my new task. Very soon, however, your decision, my Fuehrer, became clear to me and I recognized that the organizational measures of the Party could only come to full fruition when supplemented by the organization of the people, that is to say, by the mobilization of the energies of the people and by their concentration and alignment. If the _Party_ represents the _concentration of the Political Leaders of the people_—as you, my Fuehrer, have told us again and again—then the _people_ is the _retinue_ and must be organized and trained according to the same principles. _Leader and retinue, elite and community at large_—these were the clear directives for my work. These were the consequences:

“(1) _My tasks as Organizational Leader of the Party and as the leader of the German Labor Front were a completely homogeneous task: in other words, in everything I did I acted as Reich Organization Leader of the NSDAP._

“(2) _The German Labor Front was an institution of the Party and was led by it._

“(3) _The German Labor Front had to be organized regionally and professionally according to the same principles as the Party._

“That is why trade union and employer associations had to be smashed unrelentingly, and the basis of construction was formed, as in the Party, by the cell and the local section [_Ortsgruppe_].

* * * * * *

“_National Socialism has conquered the factory._ Factory troops [_Die Werkschar_] are the National Socialist shock troops within the factory, and their motto is:

‘THE FUEHRER IS ALWAYS RIGHT’.” (_2283-PS_)

In furtherance of the Nazi policy to destroy the independent trade unions of Germany, Ley issued a Party directive on 21 April 1933 outlining what was termed a “coordination action” scheduled for 2 May 1933 against the General German Trade Union Federation and the General Independent Employee Federation (_392-PS_). This directive ordered the SA and the SS to occupy trade union premises, seize trade union funds, and take into protective custody the higher union leaders.

Pertinent portions of Ley’s order provide:

“On Tuesday, 2 May 1933, the coordination action of the free trade unions begins.

* * * * * *

“The essential part of the action is to be directed against the General German Trade Union Federation and the General Independent Employees Federation.

“Anything beyond that which is dependent upon the free trade unions is left to the discretion of the _Gauleiter’s_ judgment.

“The _Gauleiter_ are responsible for the execution of the coordination action in the individual areas. Supporters of the action should be members of the National Socialist Factory Cell Organizations * * *.

“SA as well as SS are to be employed for the occupation of trade union properties and for taking into protective custody of personalities who come into question.

“The _Gauleiter_ is to proceed with his measures on a basis of the closest understanding with competent gau or regional factory cells directors.

* * * * * *

“In the Reich, the following will be occupied:

The directing offices of the unions;

The trade union houses and offices of the fur trade unions;

The Party houses of the Socialist Democratic Party of Germany in so far as trade unions are involved there;

The branches and paying offices of the ‘Bank for Workers, Employees and Officials, Inc.’

The district committees of the General German Trade Union Federation and of the General Independent Employees Federation.

The local committees of the General German Trade Union Federation and of the General Independent Employees Federation.

“The following are to be taken into protective custody:

All trade union chairmen;

The district secretaries and branch directors of the Bank for Workers, Employees and Officials, Inc.

* * * * * *

“Exceptions are granted only with the permission of the _Gauleiter_.

* * * * * *

“It is understood that this action is to proceed in a strongly disciplined fashion. The _Gauleiter_ are responsible in this respect. They are to hold the direction of the action firmly in hand.

“Heil Hitler! “(signed) Dr. Robert Ley.” (_392-PS_)

Ley’s order for the dissolution of the independent trade unions was carried out as planned and directed. Trade union premises all over Germany were occupied by the SA and the unions dissolved. On 2 May 1933, the official NSDAP Press Service reported that the National Socialist Factory Cells Organization (NSBO) had “eliminated the old leadership” of “Free Trade Unions” and taken over their leadership (_2224-PS_):

“National Socialism, which today has assumed leadership of the German working class, can no longer bear the responsibility for leaving the men and women of the German working class, the members of the largest trade organization in the world, the German Trade Union Movement, in the hands of a people who do not know a fatherland that is called Germany. Because of that, the National Socialist Factory Cell Organization (NSBO) has taken over the leadership of the trade unions. The NSBO has eliminated the old leadership of the trade unions of the General German Trade Unions League and of the General Independent Employees’ Federation * * *.

“On 2 May 1933, the National Socialist Factory Cell Organization (NSBO) took over the leadership of all trade unions; all trade union buildings were occupied and most stringent control has been organized over financial and personnel matters of the organization.” (_2224-PS_)

This assault on the independent unions directed by Ley in his capacity as _Reichsleiter_ in charge of Party Organization, assisted by the _Gauleiter_, and Party Formations, included the seizure of trade union funds and property. In a speech on 11 September 1937 to the 5th Annual Session of the German Labor Front (_1678-PS_), Ley admitted the confiscation of trade union funds.

“Once I said to the Fuehrer: ‘My Fuehrer, actually I am standing with one foot in jail, for today I am still the trustee of the comrades “Leipart” and “Imbusch,” and should they some day ask me to return their money, then it will be found that I have spent it, either by building things, or otherwise. But they shall never again find their property in the condition in which they handed it over to me. Therefore I would have to be convicted.’

“The Fuehrer laughed then and remarked that apparently I felt extremely well in this condition.

“It was very difficult for us all. Today we laugh about it * * *.” (_1678-PS_)

The plan of the Nazi conspirators to eliminate the Free Trade Unions was advanced by the enactment on 19 May 1933 of a law which abolished collective bargaining between workers and employers and replaced it with a regulation of working conditions by Labor Trustees appointed by Hitler (_405-PS_). After providing in Section 1 for the appointment by Hitler of trustees of labor, this law provides, in Section 2:

“Until a new revision of the social constitution, the trustees are to regulate the conditions for the conclusion of labor contracts. This practice is to be legally binding for all persons and replaces the system found on combinations of workers, of individual employers or of combinations of employers * * *.”(_405-PS_)

Having destroyed the independent unions and collective bargaining, the next step of the Nazi conspirators was to Nazify industrial relations. The Law of 20 January 1934, entitled “Law Regulating National Labor,” imposed the Leadership Principle upon industrial enterprisers (_1861-PS_). Section I, paragraph 1, provided that the enterpriser should be the leader of the plant and the workers would “constitute his followers.” Section 1, paragraph 2 reads as follows:

“The Leader of the plant makes the decisions for the employees and laborers in all matters concerning the enterprise, as far as they are regulated by this law.

“He is responsible for the well-being of the employees and laborers. The employees and laborers owe him faithfulness according to the principles of the factory community.” (_1861-PS_)

The trade unions having been dissolved and the Leadership Principle superimposed upon the relationship of management and labor, the members of the Leadership Corps joined in and directed measures designed to replace the independent unions by the German Labor Front, the DAF, an affiliated Party organization. On the very day the Nazi conspirators seized and dissolved the Free Trade Unions, 2 May 1933, they publicly proclaimed that a “united front of German workers” would be formed with Hitler as honorary patron at a workers’ congress on 10 May 1933 (_2224-PS_). A release of the Nazi Party Press Agency stated:

“The National Socialist Party Press Agency is informed that a great workers’ congress will take place on Wednesday, 10 May, in the Russian House of Lords in Berlin. The United Front of German workers will be formed there. Adolf Hitler will be asked to assume the position of Honorary Patron.” (_2224-PS_)

The action committee, which supervised the smashing of the unions under _Reichsleiter_ Ley, met with Hitler and reported that the independent unions had been effectively dissolved. The Fuehrer then consented to be Honorary Patron at the Great Workers’ Congress. (_2224-PS_)

The Leadership Corps of the Nazi Party was not only employed in measures taken to dissolve the independent unions, but certain of its members were given important and directive positions within the German Labor Front, the Nazi Organization which replaced the free trade unions. On 10 May 1933, Hitler appointed Ley Leader of the German Labor Front (DAF) (_1940-PS_). By the same edict, Hitler appointed _Gauleiter_ Forster as Leader of the Employees’ Associations, and Schumann, Leader of the Nazi Factory Cell Organization (NSBO), as Leader of the Workers’ Associations. The Hitler edict stated:

“The Fuehrer, Adolf Hitler, has issued the following edict:

“I appoint the Chief of Staff of the Political Organization of the NSDAP, Dr. Robert Ley, as leader of the German Labor Front.

“I appoint _Gauleiter_ Forster, Danzig, as leader of the Employees’ Associations.

“I appoint the leader of the National Socialist Factory Cell Organizations (NSBO), Schumann, as leader of the Workers’ Associations.

“Berlin, 10 May “Adolf Hitler.” (_1940-PS_)

The Nazi conspirators employed the German Labor Front (DAF) as an instrument for propagandizing its millions of compulsory members with Nazi ideology. The control of the Leadership Corps over the German Labor Front was assured not only by the designation of _Reichsleiter_ Ley as head of the DAF, but by the employment of a large number of _Politischen Leiter_ (political leaders) charged with disseminating Nazi ideology to the large membership of the DAF. These facts are apparent from pages 185-187 of the _Organization Book of the NSDAP_ (_2271-PS_):

“The National Socialist Factory Cells Organization [NSBO], is a union of the political leaders [_Politischen Leiter_] of the NSDAP in the German Labor Front.

“The NSBO is the carrier of the organization of the German Labor Front.

“The duties and responsibilities of the NSBO have passed over to the DAF.

“The political leaders who have been transferred from the NSBO to the German Labor Front guarantee the ideological education of the DAF in the spirit of the National Socialistic idea.” (_2271-PS_)

The foregoing evidence fixes upon the Leadership Corps of the Nazi Party responsibility for participation in the measures leading to the destruction of the independent trade unions and to Nazi Party control over the productive capacity of the German Labor Movement. Not only were these actions directed by Ley in his capacity as _Reichsleiter_, but they were supervised on a regional basis by the _Gauleiter_ as district representatives of the Leadership Corps. Moreover, the German Labor Front (DAF) which replaced the dissolved trade unions was an affiliated organization of the NSDAP and, as such, remained under the control of the Leadership Corps and was employed by it to nazify the labor population of Germany.

(_f_) _Plunder of Art Treasures._ The Leadership Corps of the NSDAP is also responsible for the plundering of art treasures by _Reichsleiter_ Rosenberg’s _Einsatzstab Rosenberg_, the activities of which are discussed in full in Chapter XIV.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE NAZI PARTY LEADERSHIP CORPS

│ │ │ Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 9. │ I │ 6 │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (H);│ │ │ Appendix B. │ I │ 29, 69 │ ———— │ │ │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. │ │ │ ———— │ │ *004-PS │Report submitted by Rosenberg to │ │ │Deputy of the Fuehrer, 15 June 1940, │ │ │on the Political Preparation of the │ │ │Norway Action. (GB 140) │ III │ 19 │ │ │ *057-PS │Circular letter from Bormann to │ │ │Political Leaders, 30 May 1944, │ │ │concerning justice exercised by people│ │ │against Anglo-American murderers. (USA│ │ │329) │ III │ 102 │ │ │ *064-PS │Bormann’s letter to Rosenberg, 27 │ │ │September 1940, enclosing letter from │ │ │Gauleiter Florian criticizing churches│ │ │and publications for soldiers. (USA │ │ │359) │ III │ 109 │ │ │ 070-PS │Letter of Deputy Fuehrer to Rosenberg,│ │ │25 April 1941, on substitution of │ │ │National Socialist mottos for morning │ │ │prayers in schools.(USA 349) │ III │ 118 │ │ │ *071-PS │Rosenberg letter to Bormann, 23 April │ │ │1941, replying to Bormann’s letter of │ │ │19 April 1941 (Document 072-PS). (USA │ │ │371) │ III │ 119 │ │ │ *072-PS │Bormann letter to Rosenberg, 19 April │ │ │1941, concerning confiscation of │ │ │property, especially of art treasures │ │ │in the East. (USA 357) │ III │ 122 │ │ │ *089-PS │Letter from Bormann to Rosenberg, 8 │ │ │March 1940, instructing Amann not to │ │ │issue further newsprint to │ │ │confessional newspapers. (USA 360) │ III │ 147 │ │ │ *090-PS │Letter from Rosenberg to Schwarz, 28 │ │ │January 1941, concerning registration │ │ │and collection of art treasures. (USA │ │ │372) │ III │ 148 │ │ │ *098-PS │Bormann’s letter to Rosenberg, 22 │ │ │February 1940, urging creation of │ │ │National Socialist Catechism, etc. to │ │ │provide moral foundation for NS │ │ │religion. (USA 350) │ III │ 152 │ │ │ *100-PS │Bormann’s letter to Rosenberg, 18 │ │ │January 1940, urging preparation of │ │ │National Socialist reading material to│ │ │replace Christian literature for │ │ │soldiers. (USA 691) │ III │ 160 │ │ │ *101-PS │Letter from Hess’ office signed │ │ │Bormann to Rosenberg, 17 January 1940,│ │ │concerning undesirability of religious│ │ │literature for members of the │ │ │Wehrmacht. (USA 361) │ III │ 160 │ │ │ 107-PS │Circular letter signed Bormann, 17 │ │ │June 1938, enclosing directions │ │ │prohibiting participation of │ │ │Reichsarbeitsdienst in religious │ │ │celebrations. (USA 351) │ III │ 162 │ │ │ *116-PS │Bormann’s letter to Rosenberg, │ │ │enclosing copy of letter, 24 January │ │ │1939, to Minister of Education │ │ │requesting restriction or elimination │ │ │of theological faculties. (USA 685) │ III │ 165 │ │ │ *122-PS │Bormann’s letter to Rosenberg, 17 │ │ │April 1939, enclosing copy of Minister│ │ │of Education letter, 6 April 1939, on │ │ │elimination of theological faculties │ │ │in various universities. (USA 362) │ III │ 173 │ │ │ *136-PS │Certified copy of Hitler Order, 29 │ │ │January 1940, concerning establishment│ │ │of “Hohe Schule”. (USA 367) │ III │ 184 │ │ │ *137-PS │Copy of Order from Keitel to │ │ │Commanding General of Netherlands, 5 │ │ │July 1940, to cooperate with the │ │ │Einsatzstab Rosenberg. (USA 379) │ III │ 185 │ │ │ *141-PS │Goering Order, 5 November 1940, │ │ │concerning seizure of Jewish art │ │ │treasures. (USA 368) │ III │ 188 │ │ │ *145-PS │Order signed by Rosenberg, 20 August │ │ │1941, concerning safeguarding the │ │ │cultural goods in the Occupied Eastern│ │ │Territories. (USA 373) │ III │ 189 │ │ │ *149-PS │Hitler Order, 1 March 1942, │ │ │establishing authority of Einsatzstab │ │ │Rosenberg. (USA 369) │ III │ 190 │ │ │ *154-PS │Letter from Lammers to high State and │ │ │Party authorities, 5 July 1942, │ │ │confirming Rosenberg’s powers. (USA │ │ │370) │ III │ 193 │ │ │ 315-PS │Note of a meeting held in the Reich │ │ │Ministry for Enlightenment and │ │ │Propaganda, 10 March 1943, concerning │ │ │treatment of foreign workers employed │ │ │in the Reich. │ III │ 251 │ │ │ *327-PS │Letter of Rosenberg to Bormann, 17 │ │ │October 1944, concerning liquidation │ │ │of property in Eastern Occupied │ │ │Territories. (USA 338) │ III │ 257 │ │ │ *347-PS │Letter from Lohse to Reich Youth │ │ │Leader Axmann, 18 April 1944. (USA │ │ │340) │ III │ 267 │ │ │ *374-PS │TWX Series of Orders signed by │ │ │Heydrich and Mueller, issued by │ │ │Gestapo Headquarters Berlin, 9-11 │ │ │November 1938, concerning treatment of│ │ │Jews. (USA 729) │ III │ 277 │ │ │ *392-PS │Official NSDAP circular entitled “The │ │ │Social Life of New Germany with │ │ │Special Consideration of the German │ │ │Labor Front”, by Prof. Willy Mueller │ │ │(Berlin, 1938). (USA 326) │ III │ 380 │ │ │ 405-PS │Law Concerning Trustees of Labor, 19 │ │ │May 1933. 1933 Reichsgesetzblatt, Part│ │ │I, p. 285. │ III │ 387 │ │ │ *407-V and VI-PS│Letter from Sauckel to Hitler, 15 │ │ │April 1943, concerning labor │ │ │questions. (USA 209; USA 228) │ III │ 391 │ │ │ *630-PS │Memorandum of Hitler, 1 September │ │ │1939, concerning authorization of │ │ │mercy killings. (USA 342) │ III │ 451 │ │ │ *654-PS │Thierack’s notes, 18 September 1942, │ │ │on discussion with Himmler concerning │ │ │delivery of Jews to Himmler for │ │ │extermination through work. (USA 218) │ III │ 467 │ │ │ 656-PS │Letter, undated, from Bormann to │ │ │Political leaders, enclosing Order of │ │ │Supreme Command of the Wehrmacht, 29 │ │ │January 1943, relating to self-defense│ │ │against prisoners of war. (USA 339) │ III │ 470 │ │ │ *840-PS │Party Directive, 14 July 1939, making │ │ │clergy and theology students │ │ │ineligible for Party membership. (USA │ │ │355) │ III │ 606 │ │ │ *848-PS │Gestapo telegram from Berlin to │ │ │Nurnberg, 24 July 1938, dealing with │ │ │demonstrations against Bishop Sproll │ │ │in Rottenburg. (USA 353) │ III │ 613 │ │ │ *849-PS │Letter from Kerrl to Minister of │ │ │State, 23 July 1938, with enclosures │ │ │dealing with persecution of Bishop │ │ │Sproll. (USA 354) │ III │ 614 │ │ │ *1058-PS │Excerpt from a speech, 20 June 1941, │ │ │by Rosenberg before people most │ │ │intimately concerned with Eastern │ │ │Problem, found in his “Russia File”. │ │ │(USA 147) │ III │ 716 │ │ │ *1117-PS │Goering Order, 1 May 1941, concerning │ │ │establishment of Einsatzstab Rosenberg│ │ │in all Occupied Territories. (USA 384)│ III │ 793 │ │ │ 1118-PS │Letter from Rosenberg to Goering, 18 │ │ │June 1942, and related correspondence.│ III │ 793 │ │ │ *1130-PS │Note, 11 April 1943, and report of │ │ │speech by Koch in Kiev on 5 March │ │ │1943, concerning treatment of civilian│ │ │population in Ukraine. (USA 169) │ III │ 797 │ │ │ *1164-PS │Secret letter, 21 April 1942, from SS │ │ │to all concentration camp commanders │ │ │concerning treatment of priests. (USA │ │ │736) │ III │ 820 │ │ │ 1386-PS │Law concerning the granting of │ │ │amnesty, 23 April 1936. 1936 │ │ │Reichsgesetzblatt, Part I, p. 378. │ III │ 960 │ │ │ 1388-PS │Law concerning confiscation of │ │ │Property subversive to People and │ │ │State, 14 July 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 479. │ III │ 962 │ │ │ 1389-PS │Law creating Reich Labor Service, 26 │ │ │June 1935. 1935 Reichsgesetzblatt, │ │ │Part I, p. 769. │ III │ 963 │ │ │ 1391-PS │Statute of the Academy for German Law,│ │ │2 July 1934. 1934 Reichsgesetzblatt, │ │ │pp. 605-607. │ III │ 970 │ │ │ 1392-PS │Law on the Hitler Youth, 1 December │ │ │1936. 1936 Reichsgesetzblatt, Part I, │ │ │p. 993. │ III │ 972 │ │ │ 1393-PS │Law on treacherous attacks against │ │ │State and Party, and for the │ │ │Protection of Party Uniforms, 20 │ │ │December 1934. 1934 Reichsgesetzblatt,│ │ │Part I, p. 1269. │ III │ 973 │ │ │ 1394-PS │Law to guarantee Public Peace, 13 │ │ │October 1933. 1933 Reichsgesetzblatt, │ │ │Part I, p. 723, Art. 1-3. │ III │ 976 │ │ │ 1395-PS │Law to insure the unity of Party and │ │ │State, 1 December 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 1016. │ │ │(GB 252) │ III │ 978 │ │ │ 1397-PS │Law for the reestablishment of the │ │ │Professional Civil Service, 7 April │ │ │1933. 1933 Reichsgesetzblatt, Part I, │ │ │p. 175. │ III │ 981 │ │ │ 1398-PS │Law to supplement the Law for the │ │ │restoration of the Professional Civil │ │ │Service, 20 July 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 518. │ III │ 986 │ │ │ 1402-PS │The Homestead Law of 29 September │ │ │1933. 1933 Reichsgesetzblatt, Part I, │ │ │p. 685. │ III │ 990 │ │ │ 1412-PS │Decree relating to payment of fine by │ │ │Jews of German nationality, 12 │ │ │November 1938. 1938 Reichsgesetzblatt,│ │ │Part I, p. 1579. │ IV │ 6 │ │ │ 1415-PS │Police regulation concerning │ │ │appearance of Jews in public, 28 │ │ │November 1938. 1938 Reichsgesetzblatt,│ │ │Part I, p. 1676. │ IV │ 6 │ │ │ 1416-PS │Reich Citizen Law of 15 September │ │ │1935. 1935 Reichsgesetzblatt, Part I, │ │ │p. 1146. │ IV │ 7 │ │ │ *1417-PS │First regulation to the Reichs │ │ │Citizenship Law, 14 November 1935. │ │ │1935 Reichsgesetzblatt, Part I, p. │ │ │1333. (GB 258) │ IV │ 8 │ │ │ 1419-PS │Law concerning Jewish tenants, 30 │ │ │April 1939. 1939 Reichsgesetzblatt, │ │ │Part I, p. 864. │ IV │ 10 │ │ │ 1422-PS │Thirteenth regulation under Reich │ │ │Citizenship Law, 1 July 1943. 1943 │ │ │Reichsgesetzblatt, Part I, p. 372. │ IV │ 14 │ │ │ 1438-PS │Fuehrer concerning administration of │ │ │Sudeten-German territory, 22 October │ │ │1938. 1938 Reichsgesetzblatt, Part I, │ │ │p. 1453. │ IV │ 17 │ │ │ *1481-PS │Gestapo order, 20 January 1938, │ │ │dissolving and confiscating property │ │ │of Catholic Youth Women’s Organization│ │ │in Bavaria. (USA 737) │ IV │ 50 │ │ │ *1517-PS │Memorandum from Rosenberg concerning │ │ │discussion with the Fuehrer, 14 │ │ │December 1941. (USA 824) │ IV │ 55 │ │ │ **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 │ │ │ 1662-PS │Order eliminating Jews from German │ │ │economic life, 12 November 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 1580. │ IV │ 172 │ │ │ 1665-PS │Order concerning treatment of property│ │ │of Nationals of the former Polish │ │ │State, 17 September 1940. 1940 │ │ │Reichsgesetzblatt, Part I, p. 1270. │ IV │ 173 │ │ │ 1674-PS │Second decree for the execution of the│ │ │law regarding the change of surnames │ │ │and forenames, 17 August 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 1044. │ IV │ 185 │ │ │ *1676-PS │Speech concerning the enemy air terror│ │ │by Reichsminister Dr. Goebbels, 28-29 │ │ │March 1944. Voelkischer Beobachter. │ │ │(USA 334) │ IV │ 186 │ │ │ *1678-PS │Speech of Dr. Robert Ley. Documents of│ │ │German Politics, Vol. V, pp. 373, 376.│ │ │(USA 365) │ IV │ 190 │ │ │ *1708-PS │The Program of the NSDAP. National │ │ │Socialistic Yearbook, 1941, p. 153. │ │ │(USA 255; USA 324) │ IV │ 208 │ │ │ *1774-PS │Extracts from Organizational Law of │ │ │the Greater German Reich by Ernst │ │ │Rudolf Huber. (GB 246) │ IV │ 349 │ │ │ *1814-PS │The Organization of the NSDAP and its │ │ │affiliated associations, from │ │ │Organization book of the NSDAP, │ │ │editions of 1936, 1938, 1940 and 1943,│ │ │pp. 86-88. (USA 328) │ IV │ 411 │ │ │ *1815-PS │Documents on RSHA meeting concerning │ │ │the study and treatment of church │ │ │politics. (USA 510) │ IV │ 415 │ │ │ 1817-PS │Bureau for factory troops, from │ │ │Organization Book of the NSDAP, 1936 │ │ │edition, p. 211. │ IV │ 457 │ │ │ 1855-PS │Extract from Organization Book of the │ │ │NSDAP, 1937, p. 418. │ IV │ 495 │ │ │ 1861-PS │Law on the regulation of National │ │ │labor, 20 January 1934. 1934 │ │ │Reichsgesetzblatt, Part I, p. 45. │ IV │ 497 │ │ │ *1893-PS │Extracts from Organization Book of the│ │ │NSDAP, 1943 edition. (USA 323) │ IV │ 529 │ │ │ *1913-PS │Agreement between Plenipotentiary │ │ │General for Arbeitseinsatz and German │ │ │Labor Front concerning care of │ │ │non-German workers. 1943 │ │ │Reichsgesetzblatt, Part I, p. 588. │ │ │(USA 227) │ IV │ 547 │ │ │ *1914-PS │Extracts from Decrees, Regulations, │ │ │Announcements, 1943 Edition, Part I, │ │ │pp. 318-319. (USA 336) │ IV │ 550 │ │ │ 1915-PS │Decree concerning leadership of Armed │ │ │Forces, 4 February 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 111. │ IV │ 552 │ │ │ 1939-PS │Speech by Ley published in Forge of │ │ │the Sword, with an introduction by │ │ │Marshal Goering, pp. 14-17. │ IV │ 581 │ │ │ 1940-PS │Fuehrer edict appointing Ley leader of│ │ │German Labor Front. Voelkischer │ │ │Beobachter, Munich (Southern German) │ │ │edition, p. 1. │ IV │ 584 │ │ │ 1961-PS │Decision of the Greater German │ │ │Reichstag, 26 April 1942. 1942 │ │ │Reichsgesetzblatt, Part I, p. 247. │ IV │ 600 │ │ │ 1964-PS │Decree of the Fuehrer regarding │ │ │special jurisdiction of Reich Minister│ │ │of Justice, 20 August 1942. 1942 │ │ │Reichsgesetzblatt, Part I, p. 535. │ IV │ 601 │ │ │ 2000-PS │Law for protection of German blood and│ │ │German honor, 15 September 1935. 1935 │ │ │Reichsgesetzblatt, Part I, No. 100, p.│ │ │1146. │ IV │ 636 │ │ │ 2001-PS │Law to Remove the Distress of People │ │ │and State, 24 March 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 141. │ IV │ 638 │ │ │ 2003-PS │Law concerning the Sovereign Head of │ │ │the German Reich, 1 August 1934. 1934 │ │ │Reichsgesetzblatt, Part I, p. 747. │ IV │ 639 │ │ │ 2016-PS │Order concerning the jurisdiction of │ │ │SS courts and Police courts in the │ │ │Protectorate Bohemia and Moravia, 15 │ │ │July 1942. 1942 Reichsgesetzblatt, │ │ │Part I, p. 475. │ IV │ 649 │ │ │ 2029-PS │Decree establishing the Reich Ministry│ │ │of Public Enlightenment and │ │ │Propaganda, 13 March 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 104. │ IV │ 652 │ │ │ 2057-PS │Law relating to National Emergency │ │ │Defense Measures of 3 July 1934. 1934 │ │ │Reichsgesetzblatt, Part I, p. 529. │ IV │ 699 │ │ │ 2079-PS │Reich Flag Law of 15 September 1935. │ │ │1935 Reichsgesetzblatt, Part I, p. │ │ │1145. │ IV │ 707 │ │ │ 2100-PS │Decree on position of leader of Party │ │ │Chancellery, 24 January 1942. 1942 │ │ │Reichsgesetzblatt, Part I, p. 35. │ IV │ 726 │ │ │ 2118-PS │Police decree on identification of │ │ │Jews, 1 September 1941. 1941 │ │ │Reichsgesetzblatt, Part I, p. 547. │ IV │ 750 │ │ │ 2120-PS │Law on passports of Jews, 5 October │ │ │1938. 1938 Reichsgesetzblatt, Part I, │ │ │p. 1342. │ IV │ 754 │ │ │ 2224-PS │The End of the Marxist Class Struggle,│ │ │published in National Socialist Party │ │ │Press Agency, 2 May 1933, pp. 1-2. │ │ │(USA 364) │ IV │ 864 │ │ │ 2225-PS │The Front of German Workers has been │ │ │Erected, published in National │ │ │Socialist Party Press Agency, 3 May │ │ │1933, p. 1. │ IV │ 868 │ │ │ 2230-PS │Agreement between Ley and Lutze, chief│ │ │of staff of SA, published in │ │ │Organization Book of NSDAP, 1938, pp. │ │ │484-485b, 486c. │ IV │ 871 │ │ │ 2270-PS │Coordination of Cooperatives, │ │ │published in National Socialist Party │ │ │Press Agency release of 16 May 1933. │ IV │ 938 │ │ │ 2271-PS │The National Socialist Factory Cells │ │ │Organization, published in │ │ │Organization Book of NSDAP, pp. │ │ │185-187. │ IV │ 940 │ │ │ *2283-PS │The Fifth Day of the Party Congress, │ │ │from Voelkischer Beobachter, Munich │ │ │(Southern German) Edition, Issue 258, │ │ │14 September 1936. (USA 337) │ IV │ 971 │ │ │ 2325-PS │Decree in execution of Article 118 of │ │ │German Municipal Order, 26 March 1935.│ │ │1935 Reichsgesetzblatt Part I, p. 470.│ IV │ 1034 │ │ │ 2336-PS │Special Circular on Securing of │ │ │association of German Labor Front │ │ │against hidden Marxist sabotage, 27 │ │ │June 1933. │ IV │ 1052 │ │ │ *2349-PS │Extracts from “The Myth of 20th │ │ │Century” by Alfred Rosenberg, 1941. │ │ │(USA 352) │ IV │ 1069 │ │ │ *2473-PS │Extracts from National Socialist │ │ │Yearbook, 1943, showing party │ │ │positions of other Cabinet members in │ │ │1943. (USA 324) │ V │ 226 │ │ │ 2474-PS │Directive of 25 October 1934, Decrees │ │ │of the Deputy of the Fuehrer, signed │ │ │by Hess. (USA 327) │ V │ 227 │ │ │ *2660-PS │Distribution Plan for Gaue, Kreise, │ │ │and Ortsgruppen, from The Bearers of │ │ │Sovereignty, 2nd Issue, 3rd Year, │ │ │February 1939. (USA 325) │ V │ 365 │ │ │ *2715-PS │Speech by Hitler to the Reichstag on │ │ │20 February 1938, published in The │ │ │Archive, February 1938, Vol. 47, pp. │ │ │1441-1442. (USA 331). │ V │ 376 │ │ │ *2775-PS │Hitler’s speech, published in Nurnberg│ │ │Party Congress, 1934. (USA 330) │ V │ 418 │ │ │ *2958-PS │Extract from The Statistics of the │ │ │NSDAP, Issue 8, 1939, p. 10. (USA 325)│ V │ 663 │ │ │ *3051-PS │Three teletype orders from Heydrich to│ │ │all stations of State Police, 10 │ │ │November 1938, on measures against │ │ │Jews, and one order from Heydrich on │ │ │termination of protest actions. (USA │ │ │240) │ V │ 797 │ │ │ *3063-PS │Letters of transmission enclosing │ │ │report about events and judicial │ │ │proceedings in connection with │ │ │anti-semitic demonstrations of 9 │ │ │November 1938. (USA 332) │ V │ 868 │ │ │ *3230-PS │Fight and Order—Not Peace and Order! │ │ │from the Bearer of Sovereignty, │ │ │February 1939, p. 15. (USA 325) │ V │ 937 │ │ │ *3268-PS │Allocution of His Holiness Pope Pius │ │ │XII, to the Sacred College, 2 June │ │ │1945. (USA 356) │ V │ 1038 │ │ │ 3738-PS │Geneva Convention of 1929 relative to │ │ │treatment of Prisoners of War. │ VI │ 599 │ │ │ *D-75 │SD Inspector Bierkamp’s letter, 12 │ │ │December 1941, to RSHA enclosing copy │ │ │of secret decree signed by Bormann, │ │ │entitled Relationship of National │ │ │Socialism and Christianity. (USA 348) │ VI │ 1035 │ │ │ *D-728 │Circular, 15 March 1945, from NSDAP │ │ │Gauleitung Hessen-Nassau to the │ │ │“Kreis”-Leaders of the Gau, concerning│ │ │Action by the Party to keep Germans in│ │ │check until end of the War. (GB 282) │ VII │ 174 │ │ │ *L-154 │Letter from Hoffman, 25 February 1945,│ │ │concerning action to be taken against │ │ │pilots who are shot down. (USA 335) │ VII │ 904 │ │ │ *L-172 │“The Strategic Position at the │ │ │Beginning of the 5th Year of War”, a │ │ │lecture delivered by Jodl on 7 │ │ │November 1943 at Munich to Reich and │ │ │Gauleiters. (USA 34) │ VII │ 920 │ │ │ *L-221 │Bormann report on conference of 16 │ │ │July 1941, concerning treatment of │ │ │Eastern populations and territories. │ │ │(USA 317) │ VII │ 1086 │ │ │ *L-316 │RSHA Order of 5 November 1942, signed │ │ │by Streckenbach, concerning │ │ │jurisdiction over Poles and Eastern │ │ │Nationals. (USA 346) │ VII │ 1104 │ │ │ *R-101-A │Letter from Chief of the Security │ │ │Police and Security Service to the │ │ │Reich Commissioner for the │ │ │Consolidation of German Folkdom, 5 │ │ │April 1940, with enclosures concerning│ │ │confiscation of church property. (USA │ │ │358) │ VIII │ 87 │ │ │ R-101-C │Letter to Reich Leader SS, 30 July │ │ │1941, concerning treatment of church │ │ │property in incorporated Eastern │ │ │areas. (USA 358) │ VIII │ 91 │ │ │ *R-101-D │Letter from Chief of Staff of the │ │ │Reich Main Security Office (RSHA) to │ │ │Reich Leader SS, 30 March 1942, │ │ │concerning confiscation of church │ │ │property. (USA 358) │ VIII │ 92 │ │ │ *R-110 │Himmler order of 10 August 1943 to all│ │ │Senior Executive SS and Police │ │ │officers. (USA 333) │ VIII │ 107 │ │ │ *R-112 │Orders issued by Reich Commissioner │ │ │for the Consolidation of German │ │ │nationhood, 16 February 1942, 1 July │ │ │1942, 28 July 1942. (USA 309) │ VIII │ 108 │ │ │ *R-114 │Memoranda of conferences, 4 and 18 │ │ │August 1942, concerning directions for│ │ │treatment of deported Alsatians. (USA │ │ │314) │ VIII │ 122 │ │ │ *Chart No. 1 │National Socialist German Workers’ │ │ │Party. (2903-PS; USA 2) │ VIII │ 770

3. THE REICH CABINET

The Reich Cabinet, or _Reichsregierung_, unlike most of the other Nazi organizations, was not especially created by the Nazi Party to carry out or implement its purposes. The _Reichsregierung_ had, before the Nazis came to power, a place in the constitutional and political history of the country. As with other cabinets of duly constituted governments, the executive power of the realm was concentrated in that body. The Nazi conspirators well realized this fact. Their aim for totalitarian control over the State could not be secured, they realized, except by acquiring, holding, and utilizing the machinery of the State. And this they did. Under the Nazi regime the _Reichsregierung_ gradually became a primary agent of the Nazi Party, with functions and policies formulated in accordance with the objectives and methods of the Party itself. The _Reichsregierung_ became—at first gradually and then with more rapidity—polluted by the infusion of the Nazi conspirators sixteen of whom are accused in the Indictment. Its purpose came to be to clothe every scheme and purpose of the Party, however vile, with the semblance of legality.

A. _Composition and Nature of the Reichsregierung._

The term _Reichsregierung_ literally translated means “Reich Government”. Actually, it was commonly taken to refer to the ordinary Reich Cabinet. In the Indictment the term _Reichsregierung_ is defined to include not only those persons who were members of the ordinary Reich Cabinet, but also persons who were members of the Council of Ministers for the Defense of the Reich (_Ministerrat fuer die Reichsverteidigung_) and the Secret Cabinet Council (_Geheimer Kabinettsrat_). The most important body, however, was the ordinary cabinet. Between it and the other two groups there was in reality only an artificial distinction. There existed, in fact, a unity of personnel, action, function, and purpose that obliterated any academic separation. As used in the Indictment, the term “ordinary cabinet” means Reich Ministers, i.e., heads of departments of the central government; Reich Ministers without portfolio; State Ministers acting as Reich Ministers; and other officials entitled to take part in Cabinet meetings. Altogether, 48 persons held positions in the ordinary cabinet. 17 of them have been indicted as defendants. Of the remaining 31, eight are believed to be dead.

(1) _The Ordinary Cabinet._ Into the ordinary cabinet were placed the leading Nazi trusted henchmen. Then, when new governmental agencies or bodies were created, either by Hitler or by the Cabinet itself, the constituents of these new bodies were taken from the rolls of the ordinary cabinet.

When the first Hitler Cabinet was formed on 30 January 1933, there were 10 ministries which could be classified as departments of the central government. This fact appears from the minutes of the first meeting of that cabinet, which were found in the files of the Reich Chancellery and bear the typed signature of one Weinstein, who is described in the minutes as “Responsible for the Protocol—Counsellor in the Ministry” (_351-PS_). The ten ministers who attended are set forth:

“Reichs Minister of Foreign Affairs (von Neurath); Reichs Minister of the Interior (Frick); Reichs Minister of Finance (Graf Schwerin von Krosigk); Reichs Minister of Economy; Reichs Minister for Food and Agriculture (Dr. Hugenberg); Reichs Minister of Labor (Seldte); Reichs Minister of Justice [no name given; the post was filled two days later by Gurtner]; Reichs Defense Minister (von Blomberg); the Reichs Postmaster General; and Reichs Minister for Transportation (Freiherr von Eltz-Ruebanach).” (_351-PS_)

In addition, Goering attended as Reichs Minister (he held no portfolio at that time) and Reichs Commissar for Aviation. Dr. Perecke attended as Reich Commissar for Procurement of Labor. Two state secretaries were present—Dr. Lammers of the Reichs Chancellery and Dr. Meissner of the Reich’s Presidential Chancellery. In addition, Funk was present as Reichs Press Chief, and von Papen was present as Deputy of the Reichs Chancellor and Reichs Commissar for the State of Prussia. (_351-PS_)

Not long afterwards new ministries or departments were created, into which leading Nazi figures were placed. On 13 March 1933, the Ministry of Popular Enlightenment and Propaganda was created, and Paul Josef Goebbels was named as Reich Minister of Popular Enlightenment and Propaganda (_2029-PS_). On 5 May 1933 the Ministry of Air (_2089-PS_), on 1 May 1934 the Ministry of Education (_2078-PS_), and on 16 July 1935 the Ministry for Church Affairs (_2090-PS_) were created. Goering was made Air Minister; Bernhard Rust, Gauleiter of South Hanover, was named Education Minister; and Hans Kerrl was named Minister for Church Affairs. Two Ministries were added after the war started. On 17 March 1940 the Ministry of Armaments and Munitions was established (_2091-PS_). Dr. Fritz Todt, a high party official, was appointed to this post. Speer succeeded him. The name of this department was changed to “Armaments and War Production” in 1943 (_2092-PS_). On 17 July 1941, when the seizure of Eastern territories was in progress, the Ministry for the Occupied Eastern Territories was created. There was no published decree for this act. A file found in the Presidential Chancellery contains a typewritten copy of the decree of Hitler establishing that post (_1997-PS_). The decree provides:

“Decree of the Fuehrer concerning the administration of the newly-occupied Eastern Territories dated 17 July 1941.”

“In order to maintain public order and public life in the newly-occupied Eastern territories I decree that:

“As soon as the military operations in the newly-occupied territories are over, the administration of these territories shall be transferred from the military establishments to the civil-administration establishments. I shall from time to time determine by special decree, the territories which according to this are to be transferred to the civil administration and the time when this is to take place.

“The Civil Administration in the newly occupied Eastern territories, where these territories are not included in the administration of the territories bordering on the Reich or the General government, is subject to the ‘Reich Minister for the Occupied Eastern territories.’

* * * * * *

“I appoint Reichsleiter Alfred Rosenberg as Reich Minister for the Occupied Eastern Territories. He will hold office in Berlin.” (_1997-PS_)

During the years 1933 to 1945, one ministry was dropped—the Ministry of Defense (later called War). This took place on 4 February 1938, when Hitler took over command of the whole Armed Forces. At the same time he created the office of the “Chief of the Supreme Command of the Armed Forces” or Chief of the OKW. This was held by Keitel. The decree accomplishing this change provides in part as follows:

“He [the Chief of the supreme command of the armed forces] is equal in rank to a Reich Minister. At the same time, the supreme command takes the responsibility for the affairs of the Reichs Ministry of War, and by my order, the chief of the supreme command of the Armed Forces exercises the authority formerly belonging to the Reichs Minister.” (_1915-PS_)

Another change in the composition of the cabinet during the years in question should be noted. The post of vice-chancellor was never refilled after the departure of von Papen on 30 July 1934.

In addition to the heads of departments mentioned above, the ordinary cabinet also contained Reich Ministers without portfolio. Among these were Frank, Seyss-Inquart, Schacht (after he left the Economics Ministry), and von Neurath (after he was replaced as Ministry of the Interior). Other positions also formed an integral part of the cabinet. Those were the Deputy of the Fuehrer, Hess, and later his successor, the Leader of the Party Chancellery, Bormann; the Chief of Staff of the SA, Ernst Roehm, for the seven months prior to his assassination; the Chief of the Reich Chancellery, Lammers; and, as already mentioned, the Chief of the OKW, Keitel. These men had either the title or rank of Reich Minister.

The Cabinet also contained other functionaries, such as State Ministers acting as Reich Ministers. Only two persons fell within this category—the Chief of the Presidential Chancellery, Otto Meissner, and the State Minister of the Protectorate of Bohemia and Moravia, Karl Hermann Frank. In addition, as named in the Indictment, the ordinary cabinet included “others entitled to take part in Cabinet meetings”. Many governmental agencies were created by the Nazis between the years 1933 and 1945, but the peculiarity of these creations was that in most instances the new officials were given the right to participate in cabinet meetings. Among those entitled to take part in Cabinet meetings were the Commanders in Chief of the Army and the Navy; the Reich Forest Master; the Inspector General for Water and Power; the Inspector General of German Roads; the Reich Labor Leader; the Reich Youth Leader; the Chief of the Foreign Organization in the Foreign Office; the Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior; the Prussian Finance Minister; and the Cabinet Press Chief. These posts and officials comprising the ordinary cabinet all appear on the chart entitled “Organization of the Reich Government,” and authenticated by Frick (_Chart Number 18_). The persons who held these posts in the ordinary cabinet varied between the years 1933 to 1945. Their names are listed in the chart (_Chart Number 18_), which discloses that 17 of these officials are defendants in these proceedings.

(2) _The Secret Cabinet Council._ Proof that there was only an artificial distinction between the ordinary cabinet, the Secret Cabinet Council, and the Council of Ministers for the Defense of the Reich, is shown by the unity of personnel among the three subdivisions. Thus, on 4 February 1938, Hitler created the Secret Cabinet Council (_2031-PS_):

“To advise me in conducting the foreign policy I am setting up a secret cabinet council.

“As president of the secret cabinet council, I nominate: Reichsminister Freiherr von Neurath

“As members of the secret cabinet council I nominate: Reichsminister for Foreign Affairs, Joachim von Ribbentrop

Prussian Prime Minister, Reichsminister of the Air, Supreme Commander of the Air Forces, General Field Marshall Hermann Goering

The Fuehrer’s Deputy, Reichsminister Rudolf Hess

Reichsminister for the Enlightenment of the people and of Propaganda, Dr. Joseph Goebbels

Reichsminister and Chief of the Reichs Chancellery Dr. Hans-Heinrich Lammers

The Supreme Commander of the Army, General Walther von Brauchitsch

The Supreme Commander of the Navy, Grand Admiral Dr. (honorary) Erich Raeder

The Chief of the Supreme Command of the Armed Forces Lt. Gen. Wilhelm Keitel.” (_2031-PS_)

It will be noted that every member of this group was either a Reichsminister or, as, in the case of the Army, Navy, and OKW heads, had the rank and authority of a Reich Minister.

(3) _The Council of Ministers for the Defense of the Reich._ On 30 August 1939 Hitler established the Council of Ministers for the Defense of the Reich (better known as the Ministerial Council). This was the so-called war cabinet. The decree establishing this Council provided (_2018-PS_):

“Article I

“(1) A Ministerial Council for Reich Defense shall be established as a standing committee out of the Reich Defense Council.

“(2) The standing members of the Ministerial Council for Reich Defense shall include: General Field Marshall Goering as chairman; Fuehrer’s Deputy [Hess]; Commissioner General (or Plenipotentiary) for Reich Administration [Frick]; Commissioner General (or Plenipotentiary) for Economy [Funk]; Reich Minister and Chief of the Reich Chancellery [Dr. Lammers]; Chief of the High Command for the Armed Forces [Keitel].

“(3) The chairman may draw on other members of the Reich Defense Council including further personalities for advice.” (_2018-PS_).

Again, all members of this group were also members of the ordinary Cabinet.

The Reich Defense Council, for secret war planning, was created by the Cabinet on 4 April 1933 (cf. the unpublished Reich Defense Law of 21 May 1935 (_2261-PS_)). The membership of that Council when first created is shown by the minutes of the second session of the working committee of the delegates for Reich Defense, dated 22 May 1933 and signed by Keitel (_EC-177_):

“_Composition of the Reich Defense Council_: _President_: Reichs Chancellor _Deputy_: Reichswehr Minister _Permanent Members_: Minister of the: Reichswehr Foreign Affairs Interior Finance Economic Affairs Public Enlightenment and Propaganda Air Chief of the Army Command Staff Chief of the Navy Command Staff

“Depending on the case: The remaining ministers, other personalities, e.g., leading industrialists, etc.” (_EC-177_)

All but the Chiefs of the Army and Navy Command Staff were at that time members of the ordinary cabinet.

The composition of this Reich Defense Council was changed by an unpublished law on 4 September 1938, which provided as follows (_2194-PS_):

“* * * (2) The leader and Reich Chancellor is chairman in the RVR. His permanent deputy is General Field Marshall Goering. He has the right to call conferences of the RVR. Permanent members of the RVR are

“The Reich Minister of Air and Supreme Commander of the Air Force, The Supreme Commander of the Army, The Supreme Commander of the Navy, The Chief of the OKW, The Deputy of the Fuehrer, The Reich Minister and Chief of the Reich Chancellery, The President of the Secret Cabinet Council, The Chief Plenipotentiary for the Reich Administration, The Chief Plenipotentiary for Economics, The Reich Minister of Foreign Affairs, The Reich Minister of the Interior, The Reich Finance Minister, The Reich Minister for Public Enlightenment and Propaganda, The President of the Reichsbank Directorate.

“The other Reich Ministers and the Reich offices directly subordinate to the Fuehrer and Reich Chancellor are consulted if necessary. Further personalities can be called as the case demands.” (_2194-PS_)

On that date all the members also belonged to the ordinary cabinet, for by that time the supreme commanders of the Army and Navy had been given ministerial rank and authorized to participate in cabinet meetings (_2098-PS_). It is also worth noting that two members of the Reich Defense Council also appear in the Ministerial Council under the same title—The Plenipotentiary for Administration, and the Plenipotentiary for Economy. The former post was held by Frick, while the latter was first held by Schacht and then by Funk. These facts are verified by Frick on the Nazi governmental organization chart (_Chart Number 18_). Many other ministries were subordinated to these two posts for war-planning aims and purposes. These two officials, together with the Chief of the OKW, formed a powerful triumvirate known as the “Three-Man College” (Frick, Funk, and Keitel) which figured prominently in war plans and preparations.

B. _Functions of the Reichsregierung._

The utilization of the ordinary cabinet as a manpower reservoir for other governmental agencies, the chronological development of the offshoots of the ordinary cabinet, and the cohesion between all of these groups, is apparent from the Nazi governmental organization chart (_Chart Number 18_). The chart shows the following offshoots of the ordinary cabinet: 1933, the Reich Defense Council; 1935, the Three-Man College; 1936, the Delegate for the Four Year Plan; 1938, the Secret Cabinet Council; 1939, The Ministerial Defense Council; and 1944, the Delegate for Total War Effort (Goebbels). In every case these important Nazi agencies were staffed with personnel taken from the ordinary cabinet.

(1) _The Ordinary Cabinet._ The unity, cohesion, and interrelationship of the sub-divisions of the _Reichsregierung_ was not the result of a co-mixture of personnel alone. It was also realized by the method in which it operated. The ordinary cabinet consulted together both by meetings and through the so-called circulation procedure. Under the latter procedure, which was chiefly used when meetings were not held, drafts of laws prepared in individual ministries were distributed to other cabinet members for approval or disapproval.

The man primarily responsible for the circulation of drafts of laws under this procedure was Dr. Lammers, the Leader and Chief of the Reich Chancellery. Lammers has described that procedure in an affidavit (_2999-PS_):

“* * * I was Leader of the Reich Chancellery (_Leiter der Reichskanzlei_) from 30 January 1933 until the end of the war. In this capacity I circulated drafts of proposed laws and decrees submitted to me by the Minister who had drafted the law or decree, to all members of the Reich Cabinet. A period of time was allowed for objections, after which the law considered as being accepted by the various members of the Cabinet. This procedure continued throughout the whole war. It was followed also in the Council of Ministers for Defense of the Reich (_Ministerrat fuer die Reichsverteidigung_).” (_2999-PS_)

A memorandum dated 9 August 1943, which bears the facsimile signature of Frick and is addressed to the Reich Minister and Chief of the Reich Chancellery, illustrates how the circulation procedure worked (_1701-PS_). Attached to the memorandum is a draft of the law in question and a carbon copy of a letter dated 22 December 1943 from Rosenberg to the Reich Minister of the Interior, containing his comments on the draft:

“To the Reich Minister and Chief of the Reich Chancellery, in _Berlin W8_.

“For the information of the other Reich ministers.

“Subj: Law on the treatment of enemies of the society.

“In addition to my letter of 19 March, 1942.

“_Enclosures: 55.—_

“After the draft of the law on the treatment of enemies of the society has been completely rewritten, I am sending the enclosed new draft with the consent of the Reich Minister of Justice, Dr. Thierack, and ask that the law be approved in a circulatory manner. The necessary number of prints is attached.” (_1701-PS_)

(2) _Council of Ministers for the Defense of the Reich._ The same procedure was followed in the Council of Ministers when that body was created. And the decrees of the Council of Ministers were also circulated to the members of the ordinary Cabinet. A memorandum found in the files of the Reich Chancellery and addressed to the members of the Council of Ministers, dated 17 September 1939, and bearing the typed signature of Dr. Lammers, Reich Minister and Chief of the Reich Chancellery, states (_1141-PS_):

“Matters submitted to the Council of Ministers for the Reich Defense have heretofore been distributed only to the members of the Council. I have been requested by some of the Reichsministers who are not permanent members of the Council to inform them of the drafts of decrees which are being submitted to the Council, so as to enable them to check these drafts from the point of view of their respective offices. I shall follow this request so that all the Reichsministers will in future be informed of the drafts of decrees which are to be acted upon by the Council for the Reich Defense. I therefore request to add forty-five additional copies of the drafts, as well as of the letters which usually contain the arguments for the drafts, to the folders submitted to the Council.” (_1141-PS_)

Von Stutterheim, who was an official of the Reich Chancellery, comments on this procedure at page 34 of a pamphlet entitled “_Die Reichskanzlei_”:

“* * * It must be noted that the peculiarity in this case is that the subjects dealt with by the Cabinet Council—(Council of Ministers for the Defense of the Reich), are distributed not merely among the members of the Cabinet Council, but also among all the members of the Cabinet (_Kabinett_) who are thereby given the opportunity of guarding the interests of their spheres of office by adding their appropriate standpoints in the Cabinet Council legislation, even if they do not participate in making the decree.” (_2231-PS_)

For a time the Cabinet consulted together through actual meetings. The Council of Ministers did likewise, but those members of the Cabinet who were not already members of the Council also attended the meetings of the Ministerial Council. And where they did not attend in person, they were usually represented by the state secretaries of their Ministries. The minutes of six meetings of the Council of Ministers, on 1, 4, 8, and 19 September 1939, on 16 October 1939, and on 15 November 1939, demonstrate this procedure. (_2852-PS_)

At the meeting held on 1 September 1939, which was probably the first meeting since the Council was created on 30 August 1939, the following were in attendance:

“Present were the permanent members of the Council of Ministers for the Reich Defense: The Chairman and Generalfield Marshall, Goering; the Deputy of the Fuehrer, Hess [a line appears through the name Hess]; the Plenipotentiary for Reich Administration, Dr. Frick; the Plenipotentiary for Economy, Funk; the Reich Minister and Chief of the Reich Chancellery, Dr. Lammers; and the Chief of the High Command of the Armed Forces, Keitel, represented by Major General Thomas.” (_2852-PS_)

These were the regular members of the Council. Also present was the Reich Minister for Food and Agriculture, Darré, and seven State Secretaries: Koerner, Neumann, Stuckart, Posse, Landfried, Backe, and Syrup (_2852-PS_). These State Secretaries were from the several Ministries or other supreme Reich authorities. Koerner was the Deputy of Goering in the Four-Year Plan; Stuckart was in the Ministry of the Interior; Landfried was in the Ministry of Economics; Syrup was in the Ministry of Labor.

The minutes dated 8 September 1939 (_2852-PS_) note that in addition to all members of the Ministerial Council, the following also were present:

“The Reich Minister for Food and Agriculture * * * Darré; State Minister * * * Popitz;”

Then come the names of nine State Secretaries from the several Ministries, and then:

“SS Gruppenfuehrer * * * Heydrich;”

The close integration of the Ministerial Council with the ordinary Cabinet is seen by the following excerpt from the minutes of the same date (8 September 1939):

“The Council of Ministers for the Reich Defense ratified the decree for the change of the Labor Service Law which had already been passed as law by the Reich Cabinet. (_Reichsgesetzblatt_,