Chapter XXI: Section 3: of Chapter XV for further material on the Reich Cabinet.) (4)

On 2 March 1943, the Cardinal Secretary of State addressed a note to von Ribbentrop, Reichsminister for Foreign Affairs, in which the violations of religious rights and conscience among the civilian population of Poland were set out in detail, and the time, locality, and character of the persecutions were specified. Priests and Ecclesiastics were still being arrested, thrust into concentration camps, and treated with scorn and derision, while many had been summarily executed. Religious instruction was hampered; Catholic schools were closed; the use of the Polish language in sacred functions and even in the Sacrament of Penance was forbidden. Even the natural right of marriage was denied to men of Polish nationality under 28 years of age to women under 25. In the territory called “General Government” similar conditions existed and against these the Holy See vigorously protested. To save the harassed and persecuted leaders of the Catholic Church, the Vatican had petitioned that they be allowed to emigrate to neutral countries of Europe or America. The only concession made was that they would all be collected in one concentration camp—Dachau. (_3264-PS_)

The Nazi conspirators adopted a dilatory and obstructionist policy toward complaints as to religious affairs in the overrun territories, and a decision was “taken by those competent to do so. * * * that no further consideration will be taken of proposals or requests concerning the territories which do not belong to the Old Reich.” (_3262-PS_)

“Those competent” to make decisions on complaints as to religious affairs in the overrun territories—especially the Party Chancery, headed by Bormann—the methods they used, and the reasons for their attitude are outlined by the Cardinal Archbishop of Breslau, a German living in Germany, in a letter to the Papal Secretary of State on 7 December 1942 as follows:

“Your Eminence knows very well the greatest difficulty in the
way of opening negotiations comes from the overruling authority
which the “National Socialist Party Chancery” (_Kanzlei der
National-Sozialistischen Partei_, known as the _Partei-Kanzlei_)
exercises in relation to the Chancery of the Reich
(_Reichskanzlei_) and to the single Reich Ministries. This
‘_Parteikanzlei_’ directs the course to be followed by the
State, whereas the Ministries and the Chancery of the Reich are
obliged and compelled to adjust their decrees to these
directions. Besides, there is the fact that the “Supreme Office
for the Security of the Reich” called the
‘_Reichssicherheitshauptamt_’ enjoys an authority which
precludes all legal action and all appeals. Under it are the
‘Secret Offices for Public Security’ called ‘_Geheime
Staatspolizei_’ (a title shortened usually to _Gestapo_) of
which there is one for each Province. Against the decrees of
this Central Office (_Reichssicherheitshauptamt_) and of the
Secret Offices (_Geheime Staatspolizei_) there is no appeal
through the Courts, and no complaint made to the Ministries has
any effect. Not infrequently the Councillors of the Ministries
suggest that they have not been able to do as they would wish
to, because of the opposition of these Party offices. As far as
the executive power is concerned, the organization called the
SS, that is _Schutzstaffeln der Partei_, is in practice supreme.

“This hastily sketched interrelation of authorities is the
reason why many of the petitions and protests made by the
Bishops to the Ministries have been foiled. Even if we present
our complaints to the so-called Supreme Security Office, there
is rarely any reply; and when there is, it is negative.

“On a number of very grave and fundamental issues we have also
presented our complaints to the Supreme Leader of the Reich
(_Fuehrer_). Either no answer is given, or it is apparently
edited by the above-mentioned Party Chancery, which does not
consider itself bound by the Concordat made with the Holy See.”
(_3266-PS_)

The interchange of correspondence following the transmission of the above-described note of 2 March 1943 on the religious situation in the overrun Polish Provinces illustrates the same evasive tactics. (_3269-PS_)

In his Allocution to the Sacred College, on 2 June 1945, His Holiness Pope Pius XII recalled, by way of example, “some details from the abundant accounts which have reached us from priests and laymen who were interned in the concentration camp at Dachau”:

“In the forefront, for the number and harshness of the treatment
meted out to them, are the Polish priests. From 1940 to 1945,
2,800 Polish ecclesiastics 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 the crowning with thorns of our
Redeemer.” (_3268-PS_)

Further revealing figures on the persecution of Polish priests are contained in the following extract from Charge No. 17 against Hans Frank, Governor-General of Poland, submitted by the Polish Government, entitled “Maltreatment and Persecution of the Catholic Clergy in the Western Provinces”:

“IV. _GENERAL CONDITIONS AND RESULTS OF THE PERSECUTION_

11. The general situation of the clergy in the
Archdiocese of Poznan in the beginning of April 1940 is
summarized in the following words of Cardinal Hlond’s
second report:

‘5 priests shot

27 priests confined in harsh concentration camps
at Stutthof and in other camps

190 priests in prison or in concentration camps
at Bruczkow, Chludowo, Goruszki, Kazimierz,
Biskupi, Lad, Lubin and Puszczykowo,

35 priests expelled into the Government General,

11 priests seriously ill in consequence of
ill-treatment,

122 parishes entirely left without priests.’

12. In the diocese of Chelmno, where about 650 priests
were installed before the war only 3% were allowed to
stay, the 97% of them were imprisoned, executed or put
into concentration camps.

13. By January 1941 about 7000 priests were killed, 3000
were in prison or concentration camps.” (_3279-PS_)

The Allocution of Pope Pius XII on 2 June 1945 described National Socialism as “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.” It summarized the attacks of “National Socialism” on the Catholic Church in these terms:

“The struggle against the Church did, in fact, become even 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, teaching and history; the closing, dissolution,
confiscation of religious houses and other ecclesiastical
institutions; the complete suppression of the Catholic press and
publishing houses.” (_3268-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO SUPPRESSION OF THE
CHRISTIAN CHURCHES

Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6, especially 6 (a, │ │
│ c). │ I │ 5
│ │ │
│International Military Tribunal, │ │
│ Indictment Number 1, Sections IV (D) 3│ │
│ (_c_) (2, 3); X (B). │ I │ 20, 55
│ ————— │ │
│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. │ │
│ ————— │ │
*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
│ │ │
*068-PS │Letter from Bormann to Rosenberg, 5 │ │
│April 1940, enclosing copy of Bormann’s │ │
│letter to the High Command of Navy, and │ │
│copy of Navy High Command letter to │ │
│Bormann of 9 February 1940. (USA 726) │ III │ 114
│ │ │
*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
│ │ │
*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
│ │ │
*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
│ │ │
*129-PS │Letter from Kerrl to Herr Stapol, 6 │ │
│September 1939, found in Rosenberg │ │
│files. (USA 727) │ III │ 179
│ │ │
*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
│ │ │
*998-PS │“German Crimes Against Czechoslovakia”. │ │
│Excerpts from Czechoslovak Official │ │
│Report for the prosecution and trial of │ │
│the German Major War Criminals by the │ │
│International Military Tribunal │ │
│established according to Agreement of │ │
│four Great Powers of 8 August 1945. (USA│ │
│91) │ III │ 656
│ │ │
*1164-PS │Secret letter, 21 April 1942, from SS to│ │
│all concentration camp commanders │ │
│concerning treatment of priests. (USA │ │
│736) │ III │ 820
│ │ │
*1458-PS │The Hitler Youth by Baldur von Schirach,│ │
│Leipzig, 1934. (USA 667) │ IV │ 22
│ │ │
*1481-PS │Gestapo order, 20 January 1938, │ │
│dissolving and confiscating property of │ │
│Catholic Youth Women’s Organization in │ │
│Bavaria. (USA 737) │ IV │ 50
│ │ │
*1482-PS │Secret letter, 20 July 1933 to │ │
│provincial governments and the Prussian │ │
│Gestapo from Frick, concerning │ │
│Confessional Youth Organizations. (USA │ │
│738) │ IV │ 51
│ │ │
*1498-PS │Order of Frick, 6 November 1934, │ │
│addressed inter alios to Prussian │ │
│Gestapo prohibiting publication of │ │
│Protestant Church announcements. (USA │ │
│739) │ IV │ 52
│ │ │
*1521-PS │Report from the Bavarian Political │ │
│Police to the Gestapo, Berlin, 24 August│ │
│1934, concerning National mourning on │ │
│occasion of death of von Hindenburg. │ │
│(USA 740) │ IV │ 75
│ │ │
*1708-PS │The Program of the NSDAP. National │ │
│Socialistic Yearbook, 1941, p. 153. (USA│ │
│255; USA 324) │ IV │ 208
│ │ │
*1815-PS │Documents on RSHA meeting concerning the│ │
│study and treatment of church politics. │ │
│(USA 510) │ IV │ 415
│ │ │
1855-PS │Extract from Organization Book of the │ │
│NSDAP, 1937, p. 418. │ IV │ 495
│ │ │
*1997-PS │Decree of the Fuehrer, 17 July 1941, │ │
│concerning administration of Newly │ │
│Occupied Eastern Territories. (USA 319) │ IV │ 634
│ │ │
*2349-PS │Extracts from “The Myth of 20th Century”│ │
│by Alfred Rosenberg, 1941. (USA 352) │ IV │ 1069
│ │ │
2351-PS │Speech of Rosenberg, 7 March 1937, from │ │
│The Archive, Vol. 34-36, p. 1716, │ │
│published in Berlin, March 1937. │ IV │ 1070
│ │ │
2352-PS │Speech of Kerrl, 27 November 1937, from │ │
│The Archive, Vol. 43-45, p. 1029, │ │
│published in Berlin, November 1937. │ IV │ 1071
│ │ │
2403-PS │The End of the Party State, from │ │
│Documents of German Politics, Vol. I, │ │
│pp. 55-56. │ V │ 71
│ │ │
2456-PS │Youth and the Church, from Complete │ │
│Handbook of Youth Laws. │ V │ 198
│ │ │
*2851-PS │Statement by Rosenberg of positions │ │
│held, 9 November 1945. (USA 6) │ V │ 512
│ │ │
*2910-PS │Certificate of defendant Seyss-Inquart, │ │
│10 November 1945. (USA 17) │ V │ 579
│ │ │
*2928-PS │Affidavit of Mathias Lex, deputy │ │
│president of the German Shoemakers │ │
│Union. (USA 239) │ V │ 594
│ │ │
*2972-PS │List of appointments held by von │ │
│Neurath, 17 November 1945. (USA 19) │ V │ 679
│ │ │
*2973-PS │Statement by von Schirach concerning │ │
│positions held. (USA 14) │ V │ 679
│ │ │
*2978-PS │Frick’s statement of offices and │ │
│positions, 14 November 1945. (USA 8) │ V │ 683
│ │ │
*2979-PS │Affidavit by Hans Frank, 15 November │ │
│1945, concerning positions held. (USA 7)│ V │ 684
│ │ │
*3261-PS │Verbal note of the Secretariate of State│ │
│of His Holiness, to the German Embassy, │ │
│18 January 1942. (USA 568) │ V │ 1009
│ │ │
3262-PS │Report of His Excellency, the Most │ │
│Reverend Cesare Orsenigo, Papal Nuncio │ │
│in Germany to His Eminence the Cardinal │ │
│Secretary of State to His Holiness, 27 │ │
│June 1942. │ V │ 1015
│ │ │
*3263-PS │Memorandum of Secretariate of State to │ │
│German Embassy regarding the situation │ │
│in the Warthegau, 8 October 1942. (USA │ │
│571) │ V │ 1017
│ │ │
*3264-PS │Note of His Eminence the Cardinal │ │
│Secretary of State to Foreign Minister │ │
│of Reich about religious situation in │ │
│Warthegau and in other Polish provinces │ │
│subject to Germany, 2 March 1943. (USA │ │
│572) │ V │ 1018
│ │ │
3265-PS │Letter to His Eminence the Cardinal │ │
│Secretary of State to the Cardinal │ │
│Archbishop of Breslau, 18 November 1942.│ V │ 1029
│ │ │
*3266-PS │Letter of Cardinal Bertram, Archbishop │ │
│of Breslau to the Papal Secretary of │ │
│State, 7 December 1942. (USA 573) │ V │ 1031
│ │ │
3267-PS │Verbal note of German Embassy to Holy │ │
│See to the Secretariate of State of His │ │
│Holiness, 29 August 1941. │ V │ 1037
│ │ │
*3268-PS │Allocution of His Holiness Pope Pius │ │
│XII, to the Sacred College, 2 June 1945.│ │
│(USA 356) │ V │ 1038
│ │ │
3269-PS │Correspondence between the Holy See, the│ │
│Apostolic Nuncio in Berlin, and the │ │
│defendant von Ribbentrop, Reich Minister│ │
│of Foreign Affairs. │ V │ 1041
│ │ │
3272-PS │Statement of Rupert Mayer, 13 October │ │
│1945. │ V │ 1061
│ │ │
3273-PS │Statement of Lutheran Pastor, Friedrich │ │
│Kaufmann, Salzburg, 23 October 1945. │ V │ 1064
│ │ │
*3274-PS │Pastoral letter of Austrian Bishops read│ │
│in all churches, 14 October 1945. (USA │ │
│570) │ V │ 1067
│ │ │
*3278-PS │Report on fighting of National Socialism│ │
│in Apostolic Administration of │ │
│Innsbruck-Feldkirch of Tyrol and │ │
│Vorarlberg by Bishop Paulus Rusch, 27 │ │
│June 1945 and attached list of church │ │
│institutions there which were closed, │ │
│confiscated or suppressed. (USA 569) │ V │ 1070
│ │ │
*3279-PS │Extract from Charge No. 17 against Hans │ │
│Frank submitted by Polish Government to │ │
│International Military Tribunal. (USA │ │
│574) │ V │ 1078
│ │ │
*3280-PS │Extract from Papal Encyclical “Mit │ │
│Brennender Sorge”, set forth in Appendix│ │
│II, p. 524, of “The Persecution of the │ │
│Catholic Church in the Third Reich”. │ │
│(USA 567) │ V │ 1079
│ │ │
3280-A-PS │Concordat between the Holy See and the │ │
│German Reich. Reichsgesetzblatt, Part │ │
│II, p. 679. │ V │ 1080
│ │ │
*3387-PS │Hitler Reichstag speech, 23 March 1933, │ │
│asking for adoption of Enabling Act, │ │
│from Voelkischer Beobachter, 24 March │ │
│1933, p. 1. (USA 566) │ VI │ 104
│ │ │
*3389-PS │Fulda Declaration of 28 March 1933, from│ │
│Voelkischer Beobachter, 29 March 1933, │ │
│p. 2. (USA 566) │ VI │ 105
│ │ │
3433-PS │Law concerning the Constitution of the │ │
│German Protestant Church, 14 July 1933. │ │
│1933 Reichsgesetzblatt, Part I, p. 471. │ VI │ 136
│ │ │
3434-PS │Law concerning procedure for decisions │ │
│in legal affairs of the Protestant │ │
│Church, 26 June 1935. 1935 │ │
│Reichsgesetzblatt, Part I, p. 774. │ VI │ 143
│ │ │
3435-PS │First Ordinance for Execution of Law │ │
│concerning procedure for decisions in │ │
│legal affairs of the Protestant Church, │ │
│3 July 1935. 1935 Reichsgesetzblatt, │ │
│Part I, p. 851. │ VI │ 144
│ │ │
3436-PS │Law for Safeguarding of German │ │
│Protestant Church, 24 September 1935. │ │
│1935 Reichsgesetzblatt, Part I, p. 1178.│ VI │ 145
│ │ │
3437-PS │Fifth Decree for execution of law for │ │
│safeguarding of the German Protestant │ │
│Church, 2 December 1935. 1935 │ │
│Reichsgesetzblatt, Part I, p. 1370. │ VI │ 146
│ │ │
3439-PS │Fifteenth decree for the Execution of │ │
│law for Security of German Protestant │ │
│Church, 25 June 1937. 1937 │ │
│Reiehsgesetzblatt, Part I, p. 697. │ VI │ 147
│ │ │
3466-PS │Decree to unite the competences of Reich│ │
│and Prussia in Church Affairs, 16 July │ │
│1935. 1935 Reichsgesetzblatt, Part I, p.│ │
│1029. │ VI │ 168
│ │ │
3560-PS │Decree concerning organization and │ │
│administration of Eastern Territories, 8│ │
│October 1939. 1939 Reichsgesetzblatt, │ │
│Part I, p. 2042. │ VI │ 244
│ │ │
3561-PS │Decree concerning the Administration of │ │
│Occupied Polish Territories, 12 October │ │
│1939. 1939 Reichsgesetzblatt, Part I, p.│ │
│2077. │ VI │ 246
│ │ │
3701-PS │Proposal for Reichsleiter Bormann │ │
│concerning speech of Bishop of Muenster │ │
│on 3 August 1941. │ VI │ 405
│ │ │
*3751-PS │Diary of the German Minister of Justice,│ │
│1935 concerning prosecution of church │ │
│officials and punishment in │ │
│concentration camps. (USA 828; USA 858) │ VI │ 636
│ │ │
*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-84 │Gestapo instructions to State Police │ │
│Departments, 5 August 1937, regarding │ │
│protective custody for Bible students. │ │
│(USA 236) │ VI │ 1040
│ │ │
*EC-68 │Confidential letter from Minister of │ │
│Finance and Economy, Baden, containing │ │
│directives on treatment of Polish │ │
│Farmworkers, 6 March 1941. (USA 205) │ VII │ 260
│ │ │
*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-B │Letter from Himmler to Dr. Winkler, 31 │ │
│October 1940, concerning treatment of │ │
│church property in incorporated Eastern │ │
│countries. │ VIII │ 89
│ │ │
*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-103 │Letter from Polish Main Committee to │ │
│General Government of Poland on │ │
│situation of Polish workers in the │ │
│Reich, 17 May 1944. (USA 204) │ VIII │ 104
│ │ │
*R-145 │State Police Order, 28 May 1934, at │ │
│Duesseldorf, signed Schmid, concerning │ │
│sanction of denominational youth and │ │
│professional associations and │ │
│distribution of publications in │ │
│churches. (USA 745) │ VIII │ 248

7. ADOPTION AND PUBLICATION OF THE PROGRAM FOR
PERSECUTION OF JEWS

A. _The official program of the NSDAP, proclaimed 24 February 1920 by Adolf Hitler at a public gathering in Munich._

Point 4: “None but members of the nation (_Volksgenosse_) may be
citizens. None but those of German blood, whatever their creed,
may be members of the nation. No Jew, therefore, may be a member
of the nation.”

Point 5: “Anyone who is not a citizen may live in Germany only
as a guest and must be regarded as being subject to legislation
for foreigners.”

Point 6: “The right to determine matters concerning government
and legislation is to be enjoyed by the citizen alone. We demand
therefore that all appointments to public office, of whatever
kind, whether in the Reich, Land, or municipality, be filled
only by citizens. * * *”

Point 7: “We demand that the state make it its first duty to
promote the industry and livelihood of citizens. If it is not
possible to nourish the entire population of the State, the
members of foreign nations (non-citizens) are to be expelled
from the Reich.”

Point 8: “Any further immigration of non-Germans is to be
prevented. We demand that all non-Germans who entered Germany
subsequent to 2 August 1914, shall be forced immediately to
leave the Reich.”

Point 23: “We demand legal warfare against conscious political
lies and their dissemination through the press. In order to make
possible the creation of a German press we demand:

(_a_) that all editors and collaborators of newspapers published
in the German language be members of the nation.

(_b_) non-German newspapers be requested to have express
permission of the State to be published. They may not be printed
in the German language.

(_c_) non-Germans be prohibited by law from financial
participation in or influence on German newspapers, and that as
penalty for contravention of the law such newspapers be
suppressed and all non-Germans participating in it expelled from
the Reich. * * *” (_1708-PS_)

B. _Development of ideological basis for anti-Semitic measures._

Among the innumerable statements made by the leaders of the NSDAP are the following:

Rosenberg advocated in 1920 the adoption of the following program concerning the Jews:

“(1) The Jews are to be recognized as a (separate) nation living
in Germany, irrespective of the religion they belong to.

(2) A Jew is he whose parents on either side are nationally
Jews. Anyone who has a Jewish husband or wife is henceforth a
Jew.

(3) Jews have no right to speak and write on or be active in
German politics.

(4) Jews have no right to hold public offices, or to serve in
the Army either as soldiers or as officers. However, their
contribution of work may be considered.

(5) Jews have no right to be leaders of cultural institutions of
the state and community (theaters, galleries, etc.) or to be
professors and teachers in German schools and universities.

(6) Jews have no right to be active in state or municipal
commissions for examinations, control, censorship, etc. Jews
have no right to represent the German Reich in economic
treaties; they have no right to be represented in the
directorate of state banks or communal credit establishments.

(7) Foreign Jews have no right to settle in Germany permanently.
Their admission into the German political community is to be
forbidden under all circumstances.

(8) Zionism should be energetically supported in order to
promote the departure of German Jews—in numbers to be
determined annually—to Palestine or generally across the
border.” (_2842-PS_)

Rosenberg’s “Zionism” was neither sincere nor consistent, for in 1921 he advocated breaking up Zionism, “which is involved in English-Jewish politics.” (_2432-PS_). He advocated in 1921 the adoption by “all Germans” of the following slogans: “Get the Jews out of all parties. Institute measures for the repudiation of all citizenship rights of all Jews and half-Jews: banish all the Eastern Jews; exercise strictest vigilance over the native ones. * * *” (_2432-PS_)

Frick and other Nazis introduced a motion in the Reichstag on 27 May 1924, “to place all members of the Jewish race under special laws.” (_2840-PS_). Frick also asked in the Reichstag, on 25 August 1924, for the realization of the Nazi program by “exclusion of all Jews from public office.” (_2893-PS_)

C. _Anti-Semitism was seized upon by the Nazi conspirators as a convenient instrument to unite groups and classes of divergent views and interests under one banner._

Adolf Hitler described racial anti-Semitism as “a new creed for the masses” and its spreading among the German people as “the most formidable task to be accomplished by our movement.” (_2881-PS_). Rosenberg called for the “_Zusammenraffen aller Deutschen zu einer stahlharten, voelkischen Einheitsfront_” (gathering of all Germans into a steel-hard racial united front) on the basis of anti-Semitic slogans (_2432-PS_). Gotfried Feder, official commentator of the Nazi Party program, stated: “Anti-Semitism is in a way the emotional foundation of our movement.” (_2844-PS_)

There are innumerable admissions on the part of the Nazi leaders as to the part which their anti-Semitic propaganda played in their acquisition of control. The following statement concerning the purpose of racial propaganda was made by Dr. Walter Gross, director of the Office of Racial Policy of the Nazi Party:

“In the years of fight, the aim was to employ all means of
propaganda which promised success in order to gather people who
were ready to overthrow, together with the Party, the harmful
post-war regime and put the power into the hand of the Fuehrer
and his collaborators. * * * In these years of fight the aim was
purely political: I meant the overthrow of the regime and
acquisition of power. * * * Within this great general task the
education in racial thinking necessarily played a decisive part,
because herein lies basically the deepest revolutionary nature
of the new spirit.” (_2845-PS_)

In another official Nazi publication, recommended for circulation in all Party units and establishments, it is stated:

“The whole treatment of the Jewish problem in the years prior to
our seizure of power is to be regarded essentially from the
point of view of the political education of the German people.”
(To disregard this angle of the use made of anti-Semitism means)
“to disregard the success and aim of the work toward racial
education.” (_2427-PS_)

D. _After the acquisition of power the Nazi conspirators initiated a state policy of persecution of the Jews._

(1) _The first organized act was the boycott of Jewish enterprises on 1 April 1933._ The boycott action was approved by all the defendants who were members of the _Reichsregierung_ (Reich Cabinet), and Streicher was charged with its execution. Presented as an alleged act of “self defense”, the boycott action was intended to frighten Jewish public opinion abroad and force it, by the threat of collective responsibility to all Jews in Germany, to desist from warning against the Nazi danger. (_2409-PS_; _2410-PS_)

The boycott was devised as a demonstration of the extent to which the Nazi Party controlled its members and the German masses; consequently, spontaneous action and physical violence were discouraged. Goebbels stated:

“The national socialist leadership had declared: ‘The boycott is
legal’, and the government demands that the people permit that
the boycott be carried out legally. We expect iron discipline.
This must be for the whole world a wonderful show of unity and
manly training. To those abroad who believe that we could not
manage it, we want to show that we have the people in our hand.”
(_2431-PS_)

(2) _Laws eliminating Jews from various offices and functions._ The Nazi conspirators legislative program was gradual and, in the beginning, relatively “moderate.” In the first period, which dates from 7 April 1933 until September 1935, the laws eliminated Jews from public office and limited their participation in schools, certain professions, and cultural establishments. The following are the major laws issued in this period:

Document │ Date │Reichsge│ Title and gist of law │Signed by
No. │ │setzblat│ │
│ │ t page │ │
│ │ │ │
_1397-PS_ │ 7.4.33│I.175 │_Gesetz zur Wiederherstellung │Hitler
│ │ │ des Berufsbeamtentums_ (Law │Frick
│ │ │ for the reestablishment of │Schwerin
│ │ │ the professional civil │V. Krosigk
│ │ │ service), removing Jews from│
│ │ │ Civil Service. │
│ │ │ │
│ 7.4.33│I.188 │_Gesetz uber die Zulassung zur│Guertner
│ │ │ Rechtsanwaltschaft_ (Law │
│ │ │ relating to admission to the│
│ │ │ Bar) removing Jews from the │
│ │ │ Bar. │
│ │ │ │
_2868-PS_ │ 22.4.33│I.217 │_Gesetz betreffend die │Hitler
│ │ │ Zulassung zur │Guertner
│ │ │ Patentanwaltschaft_ (Law │
│ │ │ relating to the admission to│
│ │ │ the profession of patent │
│ │ │ agent and lawyer) excluding │
│ │ │ Jews from acting as patent │
│ │ │ attorneys. │
│ │ │ │
_2869-PS_ │ 6.5.33│I.257 │_Gesetz uber die Zulassung von│Hitler
│ │ │ Steuerberatern_ (Law │Schwerin
│ │ │ relating to the admission of│V. Krosigk
│ │ │ Tax Advisors) eliminating │
│ │ │ “non-Aryans” from the │
│ │ │ profession of tax │
│ │ │ consultants. │
│ │ │ │
_2084-PS_ │ 22.4.33│I.215 │_Gesetz uber die uberfullung │Hitler
│ │ │ deutscher Schullen_ (Law │Frick
│ │ │ against the overcrowding of │
│ │ │ German schools and higher │
│ │ │ institutions) limiting │
│ │ │ drastically the number of │
│ │ │ Jewish students. │
│ │ │ │
_2870-PS_ │ 26.7.33│I.538 │_Verordnung zur Durchfuehrung │Pfundtner
│ │ │ des Gesetzes uber den │(Asst. to
│ │ │ Widerruf von │Frick)
│ │ │ Einbuergerungen_ (Executing │
│ │ │ decree for the law about the│
│ │ │ Repeal of Naturalizations │
│ │ │ and the adjudication of │
│ │ │ German citizenship) defining│
│ │ │ Jews from Eastern Europe as │
│ │ │ “undesirable” and subject to│
│ │ │ denationalization. │
│ │ │ │
_2083-PS_ │ 4.10.33│I.713 │_Schriftleitergesetz_ │Hitler
│ │ │ (Editorial Law) barring │Goebbels
│ │ │ “non-Aryans” and persons │
│ │ │ married to“"non-Aryans” from│
│ │ │ the newspaper profession. │
│ │ │ │
_2984-PS_ │ 21.5.35│I.608 │_Wehrgesetz_ (Law concerning │V.
│ │ │ Armed Forces) barring │Blomberg
│ │ │ “non-Aryans” from military │
│ │ │ service. │

On 10 September 1935, Minister of Education Rust issued a circular ordering the complete elimination of Jewish pupils from “Aryan” schools (_2894-PS_). This legislative activity, in addition to being the first step towards the elimination of the Jews, served an “educational” purpose and was a further test of the extent of control exerted by the Nazi Party and regime over the German masses.

Dr. Achim Gercke, racial expert of the Ministry of the Interior, stated:

“The laws are mainly educational and give direction. The aspect
of the laws should not be underestimated. The entire nation is
enlightened on the Jewish problem; it learns to understand that
the national community is a blood community; it understands for
the first time the racial idea, and is diverted from a too
theoretical treatment of the Jewish problem and faced with the
actual solution.” (_2904-PS_)

It was clear, however, that the Nazi conspirators had a far more ambitious program in the Jewish problem and put off its realization for reasons of expediency. In the words of Dr. Gercke:

“Nevertheless the laws published thus far cannot bring a final
solution of the Jewish problem, because the time has not yet
come for it, although the decrees give the general direction and
leave open the possibility of further developments.

“It would be in every respect premature now to work out and
publicly discuss plans to achieve more than can be achieved for
the time being. However, one must point out a few basic
principles so that the ideas which one desires and must have
ripened will contain no mistakes. * * *

“All suggestions aiming at a permanent situation, at a
stabilization of, the status of the Jews in Germany do not solve
the Jewish problem, because they do not detach the Jews from
Germany. * * *

“_Plans and programs must contain an aim pointing to the future
and not merely consisting of the regulation of a momentarily
uncomfortable situation._” (_2904-PS_)

(3) _Deprivation of Jews of their rights as citizens._ After a propaganda barrage, in which the speeches and writings of Streicher were most prominent, the Nazi conspirators initiated the second period of anti-Jewish legislation (15 September 1935 to September 1938). In this period the Jews were deprived of their full rights as citizens (First Nurnberg Law) and forbidden to marry “Aryans” (Second Nurnberg Law). Further steps were taken to eliminate Jews from certain professions, and the groundwork was laid for the subsequent expropriation of Jewish property. These laws were hailed as the fulfillment of the Nazi Party program.

The major laws issued in this period are listed below:

Document │ Date │Reichsge│ Title and gist of law │Signed by
No. │ │setzblat│ │
│ │ t page │ │
│ │ │ │
_1416-PS_ │ 15.9.35│I 1145 │_Reichsbuergergesetz_ (Reich │Hitler
│ │ │ Citizenship Law), first │Frick
│ │ │ Nurnberg Law, reserving │
│ │ │ citizenship for subjects of │
│ │ │ German blood. │
│ │ │ │
_2000-PS_ │ 15.9.35│I 1146 │_Gesetz zum Schutze des │Hitler
│ │ │ deutschen Blutes_, (Law for │Frick
│ │ │ _protection of German_ blood│Guertner
│ │ │ and German honor), │Hess
│ │ │ forbidding marriages and │
│ │ │ extra-marital relations │
│ │ │ between Jews and “Aryans”. │
│ │ │ │
_1417-PS_ │ 14.11.35│I 1333 │_Erste Verordnung zum │Hitler
│ │ │ Reichsbuergergesetz_ (First │Frick Hess
│ │ │ regulation to Reich │
│ │ │ citizenship law), defining │
│ │ │ the terms “Jew” and │
│ │ │ “part-Jew”. Jewish officials│
│ │ │ to be dismissed. │
│ │ │ │
_2871-PS_ │ 7.3.36│I 133 │_Gesetz ueber das │Hitler
│ │ │ Reichstagwahlrecht_ (Law │Frick
│ │ │ governing elections to the │
│ │ │ Reichstag) barring Jews from│
│ │ │ Reichstag vote. │
│ │ │ │
_1406-PS_ │ 26.4.38│I 414 │_Verordnung ueber die │Goering
│ │ │ Ammeldung des Vermogens von │Frick
│ │ │ Juden_ (Decree for reporting│
│ │ │ Jewish-owned property), │
│ │ │ basis for subsequent │
│ │ │ expropriation. │
│ │ │ │
_2872-PS_ │ 25.7.38│I 969 │_Vierte Verordnung zum │Frick
│ │ │ Reichsbuergergesetz._ Fourth│
│ │ │ decree on the Citizenship │
│ │ │ Law, revoking licenses of │
│ │ │ Jewish physicians. │
│ │ │ │
_2873-PS_ │ 17.8.38│I 1044 │_Zweite Verordnung zur │Frick
│ │ │ Durchfuhrung des Gesetzes │
│ │ │ ueber die Aenderung von │
│ │ │ Familiennamen und Vornamen_ │
│ │ │ (Second decree on law │
│ │ │ concerning change of first │
│ │ │ and last names), forcing │
│ │ │ Jews to adopt the names │
│ │ │ “Israel” and “Sara”. │
│ │ │ │
_2874-PS_ │ 27.9.38│I 1403 │_Fuenfte Verordnung zum │
│ │ │ Reichsbuergergesetz._ (Fifth│
│ │ │ decree to law relating to │
│ │ │ the Reich citizenship), │
│ │ │ revoking admission of Jewish│
│ │ │ lawyers. │

(4) _Program of 9 November 1938 and elimination of Jews from economic life._

In the autumn of 1938, within the framework of economic preparation for aggressive war and as an act of defiance to world opinion, the Nazi conspirators began to put into effect a program of complete elimination of the Jews. The measures taken were partly presented as retaliation against “world Jewry” in connection with the killing of a German embassy official in Paris. Unlike the boycott action in April, 1933, when care was taken to avoid violence, an allegedly “spontaneous” pogrom was staged and carried out all over Germany on orders of Heydrich.

The organized character of the pogrom is also obvious from the admission of Heydrich and others at a meeting presided over by Goering at the Air Ministry in Berlin. (_1816-PS_)

The legislative measures which followed were discussed and approved in their final form at a meeting on 12 November 1938 under the chairmanship of Goering, with the participation of Frick, Funk and others. The meeting was called following Hitler’s orders “requesting that the Jewish questions be now, once and for all, coordinated and solved one way or another.” The participants agreed on measures to be taken “for the elimination of the Jew from German economy.” Other possibilities, such as the establishment of ghettos, stigmatization through special insignia, and “the main problem, namely to kick the Jew out of Germany”, were also discussed. All these measures were later enacted as soon as conditions permitted. (_1816-PS_)

The laws issued in this period were signed mostly by Goering, in his capacity as Deputy for the Four Year Plan, and were thus connected with the consolidation of control over German economy in preparation for aggressive war.

The major laws issued in this period are listed below:

Document │ Date │Reichsge│ Title and gist of law │Signed by
No. │ │setzblat│ │
│ │ t page │ │
│ │ │ │
_1412-PS_ │ 12.11.38│I 1579 │_Verordnung ueber eine │Goering
│ │ │ Suhneleistung der Juden_ │
│ │ │ (Order concerning expiation │
│ │ │ contribution of Jews of │
│ │ │ German nationality), │
│ │ │ obligating all German Jews │
│ │ │ to pay a collective fine of │
│ │ │ 1.000.000.000 Reichsmark. │
│ │ │ │
_2875-PS_ │ 12.11.38│I 1580 │_Verordnung zur Ausschaltung │Goering
│ │ │ der Juden aus dem deutschen │
│ │ │ Wirtschaftsleben_ (Decree on│
│ │ │ elimination of Jews from │
│ │ │ German economic life), │
│ │ │ barring Jews from trade and │
│ │ │ crafts. │
│ │ │ │
_1415-PS_ │ 28.11.38│I 1676 │_Polizeiverordnung ueber das │Heydrich
│ │ │ Auftreten der Juden in der │(assistant
│ │ │ Queffentlichkeit_ (Police │to Frick)
│ │ │ regulation of the appearance│
│ │ │ of Jews in public), limiting│
│ │ │ movement of Jews to certain │
│ │ │ localities and hours. │
│ │ │ │
_1409-PS_ │ 3.12.38│I 1709 │_Verordnung ueber den Einsatz │Funk Frick
│ │ │ des Juedischen Vermoegens_ │
│ │ │ (Order concerning the │
│ │ │ Utilization of Jewish │
│ │ │ property), setting time │
│ │ │ limit for the sale or │
│ │ │ liquidation of Jewish │
│ │ │ enterprises; forcing Jews to│
│ │ │ deposit shares and │
│ │ │ securities held by them; │
│ │ │ forbidding sale or │
│ │ │ acquisition of gold and │
│ │ │ precious stones by Jews. │
│ │ │ │
_1419-PS_ │ 30.4.39│I 864 │_Gesetz ueber │Hitler
│ │ │ Mietverhaeltnisse mit Juden_│Guertner
│ │ │ (Law concerning Jewish │Krohn
│ │ │ tenants) granting to │Frick Hess
│ │ │ landlords the right to give │
│ │ │ notice to Jewish tenants │
│ │ │ before legal expiration of │
│ │ │ lease. │
│ │ │ │
_2876-PS_ │ 4.7.39│I 1097 │_Zehnte Verordnung zum │Frick Rust
│ │ │ Reichsbuergergesetz_ (Tenth │Kerrl Hess
│ │ │ decree relating to the Reich│
│ │ │ Citizenship Law), forcible │
│ │ │ congregation of Jews in the │
│ │ │ “Reichsvereinigung der Juden│
│ │ │ in Deutschland”. │
│ │ │ │
_2877-PS_ │ 1.9.41│I 547 │_Polizeiverordnung ueber die │Heydrich
│ │ │ Konnzeichnung der Juden_ │
│ │ │ (Police order concerning │
│ │ │ identification of Jews) │
│ │ │ forcing all Jews over 6 │
│ │ │ years of age to wear the │
│ │ │ Star of David. │

(5) _Extermination of German Jews._ Early in 1939 Hitler and the other Nazi conspirators decided to arrive at a “final solution of the Jewish problem.” In connection with preparations for aggressive war, further consolidation of controls and removal of elements not belonging to the _Volksgemeinschaft_ (racial community) were deemed necessary. The conspirators also anticipated the conquest of territories in Eastern Europe inhabitated by large numbers of Jews and the impossibility of forcing large-scale emigration in wartime. Hence, other and more drastic measures became necessary. The emphasis in this period shifted from legislative acts to police measures.

On 24 January 1939 Heydrich was charged with the mission of “arriving at a solution of the Jewish problem.” (_710-PS_)

On 15 January 1939 Rosenberg stated in a speech at Detmold:

“For Germany the Jewish problem will be solved only when the
last Jew has left Germany.”

On 7 February 1939, Rosenberg appealed to foreign nations to forget “ideological differences” and unite against the “real enemy,” the Jew. He advocated the creation of a “reservation” where the Jews of all countries should be concentrated (_2843-PS_). In his Reichstag speech on 30 January 1939, Hitler made the following prophecy:

“The result [of war] will be * * * the annihilation of the
Jewish race in Europe.” (_2663-PS_)

Thus the direction was given for a policy which was carried out as soon as the conquest of foreign territories created the material conditions. (For the carrying out and results of the program of the Nazi conspirators against Jewry, see Chapter XII.)

In the final period of the anti-Jewish crusade very few legislative measures were passed. The Jews were delivered to the SS and various extermination staffs. The last law dealing with the Jews in Germany, signed by Frick, Bormann, Schwerin V. Krosigk, and Thierach, put them entirely outside the law and ordered the confiscation by the State of the property of dead Jews (_1422-PS_). This law was a weak reflection of a factual situation already in existence. Dr. Wilhelm Stuckart, assistant to Frick, stated at that time:

“The aim of the racial legislation may be regarded as already
achieved and consequently the racial legislation as essentially
closed. It led to the temporary solution of the Jewish problem
and at the same time prepared the final solution. Many
regulations will lose their practical importance as Germany
approaches the achievement of the final goal in the Jewish
problem.” (_Stuckart and Schiedermair: Rassen und Erbpflege in
der Gesetzgebung des Reiches_ (The care for Race and Heredity in
the Legislation of the Reich), Leipzig, 1943, p. 14.)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ADOPTION AND
PUBLICATION OF THE PROGRAM FOR PERSECUTION OF JEWS