Volume 6, I, Page 135, Number 24-a. I ask the Court to take judicial

notice of it, and you will find a translation of it appearing in our Document 2510-PS. In this letter, after stating that Austria had been declining into anarchy, Hitler wrote—and I quote:

“I have decided to re-establish order in my fatherland—order and tranquility—and to give to the popular will the possibility of settling its own fate in unmistakable fashion openly and by its own decision.”

He stated that this was an act of self-defense; that he had no hostile intentions towards Italy. And after the invasion, when Hitler was at Linz, Austria, he communicated his gratitude to Mussolini once more in the famous telegram which the world so well remembers. I again cite _Dokumente der Deutschen Politik_, Volume 6, Page 156, Number 29, the translation of the telegram being in our Document 2467-PS, and the document reads: “Mussolini, I will never forget you for this.”

We now shift our scene from Vienna to Berlin. We have shifted our scene, I meant, from Vienna to Berlin. It may now be appropriate to come back to Vienna just long enough to recall that late in the evening of March 11, President Miklas did appoint Defendant Seyss-Inquart as Chancellor. The radio announcement of Seyss-Inquart’s appointment was made at 11:15 p.m. This is noted in _Dokumente der Deutschen Politik_, Volume 6, I, Page 137, Number 25-a, and a translation of the announcement is in our Document 2465-PS.

Then something had to be done in London to smooth things over there and, accordingly, one more act played on the international scene is set down in the Air Ministry telephone transcript. On Sunday, March 13, 1938, the day after the invasion, Defendant Göring who had been left in Berlin in charge of the Reich by Hitler, who had gone to his fatherland, phoned Defendant Ribbentrop in London. I find this conversation very illuminating as to the way in which these defendants operated, using, if I may employ American vernacular, a kind of international “double talk” to soothe and mislead other nations. I quote from Part 1 of item W of Document 2949-PS:

“Göring:”—speaking to Ribbentrop in London:—“‘As you know, the Führer has entrusted me with the administration of the current government procedures (Führung der Regierungsgeschäfte), and therefore I wanted to inform you. There is overwhelming joy in Austria, that you can hear over the radio.’

“Ribbentrop: ‘Yes, it is fantastic, is it not?’

“Göring: ‘Yes, the last march into the Rhineland is completely overshadowed. The Führer was deeply moved, when he talked to me last night. You must remember it was the first time that he saw his homeland again. Now, I mainly want to talk about political things. Well, this story that we had given an ultimatum is just foolish gossip. From the very beginning the National Socialist Ministers and the representatives of the people (Volksreferenten) have presented the ultimatum. Later on more and more prominent people of the movement participated, and as a natural result, the Austrian National Socialist Ministers asked us to back them up so that they would not be completely beaten up again and be subjected to terror and civil war. Then we told them we would not allow Schuschnigg to provoke a civil war, under any circumstances. Whether by Schuschnigg’s direct order or with his consent, the communists and the Reds had been armed and were already making demonstrations, which were photographed with “Heil Moskau” and so on. Naturally, all these facts caused some danger for Wiener-Neustadt. Then you have to consider that Schuschnigg made his speeches, telling them the Vaterländische Front would fight to the last man. One could not know that they would capitulate like that, and therefore Seyss-Inquart, who already had taken over the Government, asked us to march in immediately. We had already marched up to the frontier before this, since we could not know whether or not there would be a civil war. These are the actual facts which can be proved by documents.’”

There the Defendant Göring was giving to the Defendant Ribbentrop the proper line that he should take in London as to how to explain what had happened in Austria. Of course, when the Defendant Göring said that his story about this matter could be proved by documents, I don’t think he had in mind that his own telephone calls might constitute documents.

Another rather interesting item begins on Page 3 of the English text of this Part W—still Göring talking to Ribbentrop in London. This is at the bottom of the page:

“Göring: ‘No, no, I think so, too. Only, I did not know if you had spoken already to these people. I want you once more,—but no, not at all once more, but generally speaking—tell the following to Halifax and Chamberlain: It is not correct that Germany has given an ultimatum. This is a lie by Schuschnigg, because the ultimatum was presented to him by Seyss-Inquart, Glaise-Horstenau, and Jury. Furthermore, it is not true that we have presented an ultimatum to the Federal President, but that it also was given by the others, and as far as I know, just a military attaché came along, asked by Seyss-Inquart, because of a technical question.’”—you will recall that he was a lieutenant general directed by Göring to go along—“‘He was supposed to ask whether, in case Seyss-Inquart would ask for the support of German troops, Germany would grant this request. Furthermore, I want to state that Seyss-Inquart asked us expressly, by phone and by telegram, to send troops because he did not know about the situation in Wiener-Neustadt, Vienna, and so on; because arms had been distributed there. And then he could not know how the Fatherland Front might react since they always had had such a big mouth.’

“Ribbentrop: ‘Herr Göring, tell me, how is the situation in Vienna; is everything settled yet?’

“Göring: ‘Yes. Yesterday I landed hundreds of airplanes with some companies, in order to secure the airfields, and they were received with joy. Today the advance unit of the 17th division marches in, together with the Austrian troops. Also, I want to point out that the Austrian troops did not withdraw, but that they got together and fraternized immediately with the German troops, wherever they were stationed.’”

These are quite interesting explanations that the ultimatum was by Seyss-Inquart alone and not by Göring; that Lieutenant General Muff, the military attaché, was along just to answer a technical question, and that Seyss-Inquart asked expressly by telephone and telegram for troops. But, perhaps to understand this conversation, we must try to create again the actual physical scene of the time and place as Göring talked over the phone. I quote eight lines from Page 11 of the English text, about in the middle, Part W:

“Göring: ‘Well, do come! I shall be delighted to see you.’

“Ribbentrop: ‘I shall see you this afternoon.’

“Göring: ‘The weather is wonderful here—blue sky. I am sitting here on my balcony—all covered with blankets—in the fresh air, drinking my coffee. Later on I have to drive in. I have to make the speech. And the birds are twittering, and here and there I can hear over the radio the enthusiasm, which must be wonderful over there.’”—that is, Vienna.

“Ribbentrop: ‘That is marvelous.’”

May it please the Tribunal, I have practically come to the end of the material relating to the aggression against Austria. In a moment I shall take up quite briefly the effects of the Anschluss, some of the developments which took place after the German troops marched across the border. What is to come after that is an epilogue, but before developing the epilogue, it may be appropriate to pause briefly for just a moment. I think that the facts which I have related to the Tribunal today show plainly certain things about the defendants involved in the conspiracy, and among the conspirators who particularly took action in the Austrian matter were Von Papen, Seyss-Inquart, Ribbentrop, Von Neurath, and Göring.

First, I think it is plain that these men were dangerous men. They used their power without a bridle. They used their power to override the independence and freedom of others. And they were more than bullies squeezing a smaller foe. They were very sly bullies. They compounded their force with fraud. They coupled threats with legal technicalities and devious maneuvers, wearing a sanctimonious mask to cover their duplicity. I think they are dangerous men.

In accordance with the directive of March 11, our Document C-182, Exhibit USA-77, the German Army crossed the Austrian border at daybreak, 12 March 1938. Hitler issued a proclamation to the German people announcing the invasion, and purporting to justify it. I refer again to _Dokumente der Deutschen Politik_, Volume 6, Page 140, Number 27, “Proclamation of Hitler.” The British Government and the French Government filed protests. The German Government and the Austrian National Socialists swiftly secured their grip on Austria. Seyss-Inquart welcomed Hitler at Linz, and they both expressed their joy over the events of the day. Seyss-Inquart in his speech declared Article 88 of the Treaty of St. Germain inoperative. I refer to the speech of Seyss-Inquart at Linz on 12 March 1938, as contained in the _Dokumente der Deutschen Politik_, Volume 6, I, Page 144, Number 28-a, of which I ask the Tribunal to take judicial notice, and which you will find translated in our Document 2485-PS.

For a view of what was happening in Vienna, I offer in evidence our Document L-292, telegram 70, American Legation, Vienna, to the American Secretary of State, 12 March 1938, and I offer it as Exhibit USA-78. I quote it in full:

“Secretary of State, Washington; March 12, noon.

“Numerous German bombers flying over Vienna dropping leaflets ‘National Socialist Germany greets its possession, National Socialist Austria and her new Government in true indivisible Union.’

“Continual rumors small German troop movements into Austria and impending arrival Austrian Legion. SS and SA in undisputed control in Vienna. Police wear swastika arm bands. Schuschnigg and Schmidt rumored arrested. Himmler and Hess here.”—Signed—“Wiley.”

The law-making machine was put to work immediately on the task of consolidation. For all of this material I shall merely refer the Tribunal to the German sources and to the document number of the English translation, but I think I need not offer these legislative acts in evidence but shall merely invite the Court to take judicial notice of them.

First, Miklas was forced to resign as President. I refer to _Dokumente der Deutschen Politik_, Volume 6, I, Page 147, Number 30-b. Our translation is in our Document 2466-PS.

In this connection the Court will no doubt recall Göring’s telephone conversation as shown in Document 2949-PS, that in view of Miklas’ delay in appointing Seyss-Inquart, Miklas would be dismissed. Seyss-Inquart became both Chancellor and President.

He then signed a Federal Constitutional Law of March 13, 1938 for the reunion of Austria with the German Reich, which in turn was incorporated into the Reich Statute of Reunion, passed the same day, German law. I cite for that the _Reichsgesetzblatt_ 1938, Volume 1, Page 237, Number 21, a translation of which will be found in our Document 2307-PS.

This Federal Constitutional Law declared Austria to be a province of the German Reich. By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provided (by the way, on the Constitutional Law to which I just referred there appear as signatories the following names:

Adolf Hitler, Führer and Reich Chancellor; Göring, General Field Marshal, Reich Minister of Aviation; Frick, Reich Minister of the Interior; Von Ribbentrop, Reich Minister of Foreign Affairs; R. Hess, Deputy Führer.)

By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provides, and I quote:

“Germany acknowledges and will respect the independence of Austria within the frontier, which may be fixed in a treaty between that state and the principal Allied and Associated Powers. She agrees that this independence shall be inalienable.” (JN-2)

Similarly, the Austrian action violated Article 88 of the Treaty of St. Germain, which provides:

“The independence of Austria is inalienable, otherwise than with the consent of the Council of the League of Nations. Consequently, Austria undertakes, in the absence of the consent of the said Council, to abstain from any act which might directly or indirectly or by any means whatever compromise her independence, particularly until her admission to membership of the League of Nations, by participation in the affairs of another power.” (JN-3)

This basic Constitutional Law provided for a plebiscite to be held on 10 April 1938 on the question of reunion, but this was a mere formality. The plebiscite could only confirm the union declared in the law. It could not undo Germany’s union with, and control over, Austria.

To illustrate the way in which legal consolidation was swiftly assured under conditions of occupation of Austria by troops, it is not necessary to do more than review some of the acts passed within the month.

Hitler placed the Austrian Federal Army under his own command and required all members of the Army to take an oath of allegiance to Hitler as their Supreme Commander. A translation of the pertinent document will be found in our 2936-PS, and I refer to the instruction of the Führer and Reich Chancellor, concerning the Austrian Federal Army, March 13, 1938, _Dokumente der Deutschen Politik_, Volume 6, I, Page 150.

Public officials of the Province of Austria were required to take an oath of office swearing allegiance to Hitler, Führer of the German Reich and people. Jewish officials as defined were not permitted to take the oath.

I refer to a decree of the Führer and Reich Chancellor concerning the administration of oath to the officials of the Province of Austria, March 15, 1938, _Reichsgesetzblatt_ 1938, Volume 1, Page 245, Number 24, the translation being in our Document 2311-PS.

Hitler and Frick signed a decree applying to Austria various Reich Laws, including the law of 1933 against the formation of new political parties, and the 1933 Law for the Preservation of Unity of Party and State.

I refer to the first decree of the Führer and Reich Chancellor concerning the introduction of German Reich Law into Austria, 15 March 1938, _Reichsgesetzblatt_ 1938, Volume 1, Page 247, Number 25, the translation being in our Document 2310-PS.

Hitler, Frick, and Göring ordered that the Reich Minister of the Interior be the central authority for carrying out the reunion of Austria with the German Reich. I cite the order pursuant to the law concerning the reunion of Austria with the German Reich, March 16, 1938, _Reichsgesetzblatt_ 1938, Volume 1, Page 249, Number 25, translated in our 1060-PS.

In connection with Germany’s extensive propaganda campaign to insure acceptability of the German regime, it may be noted that Goebbels established a Reich Propaganda Office in Vienna.

I cite the order concerning the establishment of a Reich Propaganda Office in Vienna, March 31, 1938, _Reichsgesetzblatt_ 1938, Volume 1, Page 350, Number 46, translated in our Document 2935-PS.

The ballot addressed to soldiers of the former Austrian Army as “German soldiers” asked the voters whether they agreed with the accomplishment and ratification on March 13, 1938 of the reuniting of Austria with Germany.

I cite the second order concerning plebiscite and election for the Greater German Reichstag of March 24, 1938, _Reichsgesetzblatt_ 1938,