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[Page 263]
Chapter VII
MEANS USED BY THE NAZI CONSPIRATORS IN GAINING
CONTROL OF THE GERMAN STATE
6. SUPPRESSION OF THE CHRISTIAN CHURCHES
A. The Nazi conspirators sought to subvert the influence of
the churches over the people of Germany.
(1) They sought to eliminate the Christian Churches in
Germany.
(a) Statements of this aim. Martin Bormann stated in a
secret decree of the Party Chancellery signed by him and
distributed to all Gauleiters 7 June 1941:
"Our National Socialist ideology is far loftier than
the con-
[Page 264]
cepts of Christianity, which in their essential points
have been taken over from
Jewry ***. A differentiation between the various
Christian confessions is not to be made here *** the
Evangelical Church is just as inimical to us as the
Catholic 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. *** 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 the people
and Reich secure in their existence for all time." (D-
75)
Hans Kerrl, Reich Minister for Church Affairs, in a letter
dated 6 September 1939 to a Herr Stapel, which indicated
that it would be brought to the attention of the
Confidential Council and of the defendant Hess, made the
following statements:
"The Fuehrer considers his efforts to bring the
Evangelical Church to reason, unsuccessful and the
Evangelical Church with respect to its condition
rightfully a useless pile of sects. As you emphasize
the Party has previously carried on not only a fight
against the political element of the Christianity of
the Church, but also a fight against
membership of Party Members in a Christian confession.
***
"The Catholic Church will and must, according to the
law under which it is set up, remain a thorn in the
flesh of a Racial State ***." (129-PS)
Gauleiter Florian, in a letter dated 23 September 1940 to
the defendant Hess, stated:
"The churches with their Christianity are the danger
against which to fight is absolutely necessary." (064-
PS)
Regierungsrat Roth, in a lecture 22 September 1941, to a
group of Security Police, in the Reich Main Security Office
(RSHA) concluded his address on Security Police (Sipo)
measures for combatting church politics and sects with the
following remarks:
"The immediate aim: the church must not regain one inch
of the ground it has lost. The ultimate aim:
Destruction of the Confessional Churches to be brought
about by the collection of all material obtained
through the intelligence service (Nachrihtendienst)
activities which will at a given time be produced as
evidence for the charge of treasonable activities
during the German fight for existence." (1815-PS)
The Party Organization Book states:
"Bravery is valued by the SS man as the highest virtue
of men in a struggle for his ideology.
[Page 265]
"He openly and unrelentingly fights the most dangerous
enemies of the State; Jews, Free Masons, Jesuits, and
political clergymen.
"However, he recruits and convinces the weak and
inconstant by his example, who have not been able to
bring themselves to the National Socialistic ideology."
(1855-PS)
(b) The Nazi conspirators promoted beliefs and practices
incompatible with Christian teachings. The 24th point of the
Program of the NSDAP, unchanged since its adoption in 1920,
is as follows:
"We demand freedom of religion for all religious
denominations within the state so long as they do not
endanger its existence or oppose the moral senses of
the germanic race. The Party as such advocates the
standpoint of a positive Christianity without binding
itself confessionally to any one denomination. It
combats the Jewish materialistic spirit within and
around us, and is convinced that a lasting recovery of
our nation can only succeed from within on the
framework: common utility precedes individual utility."
(1708-PS)
In official correspondence with the defendant Rosenberg in
1040, Bormann stated:
"Christian religion and National Socialist doctrines
are not compatible. *** The churches cannot be
subjugated through compromise, only through a new
philosophy as prophesied in osenberg's works."
He then proposed creation of a National Socialist Catechism
to provide a "moral foundation" for a National Socialist
religion which is gradually to supplant the Christian
churches. He stated the matter was so important it should be
discussed with members of the Reich Cabinet as soon as
possible and requested Rosenberg's opinion before the
meeting. (098-PS)
In a secret decree of the Party Chancellery, signed by
Bormann and distributed to all Gauleiters on 7 June 1941,
the following statements appeared:
"When we National Socialists speak of a belief in God,
we do not understand by God, like naive Christians and
their spiritual opportunists, a human-type being, who
sits around somewhere in the sphere ***. The force of
natural law, with which all these
innumerable planets move in the universe, we call the
Almighty, or God. The claim that this world force ***
can be influenced by so-called prayers or other
astonishing things is based upon a proper dose of
naivete or on a business shamelessness.
[Page 265]
"As opposed to that we National Socialists impose on
ourselves the demand to live naturally as much as
possible, i.e., biologically. The more accurately we
recognize and observe the laws of nature and of life,
the more we adhere to them, so much the more do we
conform to the will of the Almighty. The more insight
we have into the will of the
Almighty, the greater will be our successes." (D-75)
Rosenberg in his book "The Myth of the 20th Century"
advocated a new National Socialist faith or religion to
replace the Christian confessions in Germany. He stated that
the Catholic and Protestant churches represent "negative
Christianity" and do not correspond to the soul of the
"Nordic racially determined peoples"; that a German
religious movement would have to declare that the idea of
neighborly love is unconditionally subordinated to national
honor; that national
honor is the highest human value and does not admit of any
equal valued force such as Christian love. He predicted:
"A German religion will, bit by bit, present in the
churches transferred to it, in place of the crucifixion
the spirit of fire the heroicin the highest sense."
(2349-PS)
The Reich Labor Service (Reichsarbeitsdienst), a National
Socialist youth organization, was prohibited from
participating in religious celebrations of any kind, and its
members were instructed to attend only the parts of such
ceremonies as weddings and funerals which took
place before or after the church celebration. (107-PS)
The Nazi conspirators considered religious literature
undesirable for the Wehrmacht. National Socialist
publications were prepared for the Wehrmacht for the
expressed purpose of replacing and counteracting the
influence of religious literature disseminated to the
troops. (101-PS; 100-PS; 064-PS)
The Nazi conspirators through Rosenberg's Office for
Supervision of the Ideological Training and Education of the
NSDAP and the Office of the Deputy of the Fuehrer "induced"
the substitution of National Socialist mottoes and services
for religious prayers and services in the schools of
Germany. (070-PS)
On 14 July 1939, Bormann, as Deputy of the Fuehrer, issued a
Party regulation excluding clergymen, persons closely
connected with the church, and Theology students from
membership in the Party. It was further decreed that in the
future Party Members who entered the clergy
or turned to the study of Theology must leave the Party.
(840-PS)
(c) The Nazi conspirators persecuted priests, clergy and
members of monastic orders. The priests and clergy of
Germany were
[Page 267]
subjected by the police to systematic espionage into their
daily lives. The Nazi conspirators through the Chief of the
Reich Main Security Office (RSHA) maintained a special
branch of the Security Police and Security Service (Sipo/SD)
whose duties were to investigate the churches and maintain
constant surveillance upon the public and private lives of
the clergy. (1815-PS)
At a conference of these police "church specialists" called
by Heydrich, who was then SS Gruppenfuehrer and Chief of the
Reich Main Security Office (RSHA), in Berlin, 23 September 1941, SS
Sturmbannfueherer Hartl, acting for Heydrich, stated that
the greatest importance was to
be attached to church political activity. The intelligence
network in this field, he continued, was to be fostered with
the greatest of care and enlarged with the recruitment of
informants, particular value being attached to contacts with
church circles. He closed his lecture with the following
words:
"Each of you must go to work with your whole heart and
a true fanaticism. Should a mistake or two be made in
the execution of this work, this should in no way
discourage you, since mistakes are made everywhere. The
main thing is that the enemy should be constantly
tackled with determination, will, and effective
initiative." (1815-PS)
In a letter of 22 October 1941, Heydrich, as Chief of the
Reich Main Security Office (RSHA) issued detailed
instructions to all State Police Offices outlining the
organization of the Catholic Church and directing close
surveillance of the activities, writings, and reports of the
Catholic clergy in Germany. In this connection he directed:
"Reports are also to be submitted on those Theological
students destined for Papal Institutes, and Priests
returning from such institutes to Germany. Should the
opportunity arise of placing someone for intelligence
(Nachrichtendienst) purposes in one of these
Institutes, in the guise of a Theological student, we
should receive immediate notification." (1815-PS)
Priests and other members of the clergy were arrested,
fined, imprisoned, and otherwise punished by executive
measures of the police without judicial process. In his
lecture before a conference at the Reich Main Security
Office (RSHA) in Berlin, for "church specialists," of the
Security Police, 22 November 1941, Regierungsrat Roth stated (1815-
PS):
"It has been demonstrated that it is impracticable to
deal with political offenses (malicious) under normal
legal procedure. Owing to the lack of political
perception which still
[Page 268]
prevails among the legal authorities, suspension of
this procedure must be reckoned with. The so-called
"Agitator Priests" must therefore be dealt with in
future by Stapo measures, and, if the occasion arises,
be removed to a Concentration Camp, if agreed upon by
the RSHA.
"The necessary executive measures are to be decided
upon according to local conditions, the status of the
person accused, and the seriousness of the caseas
follows:
1. Warning
2. Fine
3. Forbidden to preach
4. Forbidden to remain in parish
5. Forbidden all activity as a priest
6. Short-term arrest
7. Protective custody."
Members of monastic orders were forced by the seizure and
confiscation of their properties to give up their
established place of abode and seek homes elsewhere (R-101-
A; R-101-D). A secret order of the SS Economic
Administration Office to all Concentration Camp Commanders,
dated 21 April 1942, concerning labor mobilization of
clergy, reveals that clergymen were at that time, and had
previously been, incarcerated in Concentration Camps. (1164-
PS)
On the death of von Hindenburg, the Reich Government ordered
the ringing of all church bells on 2 August 1934, 3 August
1934 and 4 August 1934. In Bavaria, there were many
instances of failure to comply with this order. The Bavarian
police submitted a report outlining the above situation and
stating that in three cases the taking into protective
custody of recalcitrant clergy could not be avoided.
"The Parish priest, Father Johann Quinger of
Altenkunstadt BA., Lichtenfels. He was taken into
protective custody on 3 August on the express order of
the State Ministry of the Interior, because he
assaulted SA leaders and SA men who were ringing the
bells against his wishes. He was released from custody
on 10 August 1934.
"The Parish priest, Father Ludwig Obholzer of
Kiefersfelden, BA Rosenheim. For his personal safety he
was in police custody from 2400 hours on the 2 August
1934, till 1000 hours on 3 August 1934. On 5 August
1934, he said sarcastically in his sermon, referring to
the SA men who had carried out the ringing of the
funeral knell on their own account, 'Lord forgive them,
for they know not what they do' ! "The Parish priest,
Father Johann Nepomuk Kleber of Wie-
[Page 269]
felsdorf, BA Burglengenfeld, refused to ring the church
bells on the 2nd and 3rd. He is badly tainted
politically and had to be taken into protective custody
from the 5th to the 8th of August 34 in the interests
of his own safety." (1521-PS)
After Hitler's rise to power, Bishop Sproll of Rottenburg
delivered a series of sermons regarded by the Nazis as
damaging, and on 10 April 1938 he refrained from voting in
the plebiscite. For this, the Reich Governor of Wuertemberg
declared he would no longer regard Bishop Sproll as head of
the Diocese of Rottenburg; made an official request that he
leave the Gau; and declared he would see to it that all
personal and official intercourse between the Bishop and the
State and
Party offices as well as the Armed Forces would be denied
(849-PS). For his alleged failure to vote in the plebiscite,
of 10 April 1938, the Party caused three demonstrations to
be staged against the Bishop and his household in
Rottenburg. The third demonstration was described as
follows in a teletype message from Gestapo Office Stuttgart
to Gestapo Office Berlin:
"The Party on 23 July 1938 from 2100 on carried out the
third demonstration against Bishop Sproll. Participants
about 2,500-3,000 were brought in from outside by bus,
etc. The Rottenburg populace again did not participate
in the demonstration. The town took rather a hostile
attitude to 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 the rooms, threw
files out of the windows and rummaged through the beds
in the rooms of the palace. One bed was ignited. Before
the fire got to the other objects of equipment in the -
rooms and the palace, the flaming bed could be thrown
from the window and the fire extinguished. 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. Finally the intruders realized that
Bishop Groeber is not the one they are seeking. They
could then be persuaded to leave the building. After
the evacuation of the palace by the demonstrators I had
an interview with Archbishop Groeber, who left
Rottenburg in the night. Groeber wants to turn to the
Fuehrer and Reich Minister of the Interior Dr. Frick
anew. On the course of the action, the damage done as
well as the homage
[Page 270]
of the Rottenburg populace beginning today for the
Bishop I shall immediately hand in a full report, after
I am in the act of suppressing counter mass meetings."
(848-PS)
Reich Minister for Church Affairs Kerrl and other Party
officials alleged that these demonstrations were
spontaneously staged by indignant citizens of Rottenburg and
caused representations to be made to the Holy See in an
effort to effect the Bishop's removal from office. (89-PS)
On or about 3 December 1941, a copy of a secret decree of
the Party Chancellery on the subject of Relationship of
National Socialism to Christianity was found by the Security
Police in the possession of Protestant Priest Eichholz at
Aix-la-Chapelle. For this he was arrested and held for
questioning for an unknown period of time. (D-75)
(d) The Nazi conspirators confiscated church property. On 20
January 1938, the Gestapo District Office at Munich issued a
decree dissolving the Guild of the Virgin Mary of the
Bavarian Diocese, together with its branches and
associations. The decree also stated:
"The property belonging to the dissolved Guild is to be
confiscated by the police. Not only is property in cash
to be confiscated, but also any stock on hand and their
objects of value. All further activity is forbidden the
dissolved Guilds, particularly the foundation of any
organization intended as a successor or as a cover.
Incorporation as a body into other women's societies is
also to be looked on as a forbidden continuation of
activity. Infringements against the above prohibition
will be punished according to par. 4 of the order of 28
February 1933."
The reasons for the dissolution and confiscation were that
the Guild of the Virgin Mary had occupied itself for years
"to a most far-reaching degree" with arrangements of a
"worldly and popular sporting character" such as community
games and "social evenings"; and further that the
president of the society supplied the members with
"seditious materials" which served for "seditious
discussions"; and that the members of the Guild were trained
and mobilized for "political and seditious tasks." (1481-
PS)
In a lecture delivered to a conference of police
investigators of Church Affairs assembled in the lecture
hall of the Reich Main Security Office (RSHA) in Berlin, 22
September 1941, Regiersrungsrat Roth stated that about 100
monasteries in the Reich had been dissolved and pointed out
that the proper procedure called for seizure of the churches
at the same time the monasteries were dissolved. (1815-PS)
[Page 271]
In February 1940, SS Gruppenfuehrer Heydrich suggested to
Himmler the seizure of monasteries for the accommodation of
Racial Germans. He proposed that the authorities of the
monastic orders be instructed to make the monasteries
concerned available and move their own members to less
populous monasteries. He pointed out that the final
expropriation of properties thus placed at their disposal
could be carried out step by step in the course of time.
Himmler agreed to this proposal and ordered the measure to
be carried out by the Security Police and
Security Service (Sipo and SD) in collaboration with the
Reich Commissioner for Consolidation of German Folkdom. (R-
101-A)
These orders for confiscation were carried out, as revealed
in a letter dated 30 March 1942 from the Reich Main Security
Office (RSHA) Chief of Staff to Himmler mentioning claims
for compensation pending in a number of confiscation cases.
In this letter he stated that all rental
payments to those monasteries and ecclesiastical
institutions whose premises had been put to use as camps for
resettlers had been stopped on receipt of Himmler's order.
Concerning current developments, he stated:
"After further preparations in which-the Party
Chancellery participated prominently, the Reich
Minister of the Interior found a way which makes it
possible to seize ecclesiastical premises practically
without compensation and yet avoids the impression of
being a measure directed against the Church. ***" (R-
101-D)
In a letter of 19 April 1941, Bormann advised Rosenberg that
libraries and art objects of the monasteries confiscated in
the Reich were to remain for the time being in these
monasteries and that the Fuehrer had repeatedly rejected the
suggestion that centralization of all such libraries be
undertaken. (072-PS)
(e) The Nazi conspirators suppressed religious publications.
On 6 November 1934, Frick, as Reich and Prussian Minister of
the Interior, issued an order forbidding until further
notice publication of all announcements in the daily press,
in pamphlets and other publications,
which dealt with the Evangelical Church; with the exception
of official announcements of the Church Government of the
Reich. (1498-PS)
By order of the State Police for the District of Dusseldorf,
the Police Regulation which is quoted in part below was
promulgated 28 May 1934:
"The distribution and sale of published items of any
sort in connection with worship or religious
instructions in public streets or squares near churches
is forbidden. In the same sense the distribution and
sale of published items on the oc-
[Page 272]
casions of processions, pilgrimages and similar church
institutions in the streets or squares they pass
through or in their vicinity is prohibited." (R-145)
In January 1940, Bormann informed Rosenberg that he had
sought to restrict production of religious publications by
means of having their rations of printing paper cut down
through the control exercised by Reichsleiter Amann, but
that the result of these efforts remained
unsatisfactory. (101-PS)
In March 1940, Bormann instructed Reichsleiter Amann,
Director of the NSDAP Publications Office, that in any
future redistribution of paper, confessional writings should
receive still sharper restrictions in favor of literature
politically and ideologically more valuable. He went on to
point out:
" *** according to a report I have received, only 10
of the over 3000 Protestant periodicals appearing in
Germany, such as Sunday papers, etc. have ceased
publication for reasons of paper saving." (089-PS)
In April 1940, Bormann informed the High Command of the Navy
that use of the term "Divine Service" to refer exclusively
to the services arranged by Christian Confessions was no
longer to be used, even in National Socialist daily papers.
In the alternative he suggested:
"In the opinion of the Party the term 'Church Service'
cannot be objected to. I consider it fitting since it
properly implies meetings arranged and organized by the
Churches." (068-PS)
(f) The Nazi conspirators suppressed religious
organizations. On 28 May 1934, the State Police Office for
the District of Duesseldorf issued an order concerning
denominational youth and professional organizations which
stated in part as follows:
"Denominational youth and professional organizations as
well as those created for special occasions only are
prohibited from every public activity outside the
church and religious sphere.
"Especially forbidden is: Any public appearance in
groups, all sorts of political activity. Any public
sport function including public hikes and establishment
of holiday or outdoor camps. The public display or
showing of flags, banners, pennants or the open wearing
of uniforms or insignia." (R-145)
On 20 July 1935, Frick, as Reich and Prussian Minister of
the Interior, issued secret instructions to the provincial
governments and to the Prussian Gestapo that Confessional
youth organizations were to be forbidden to wear uniforms,
or uniform-
[Page 273]
like clothing, to assemble publicly with pennants and flags,
to wear insignia as a substitute for uniforms, or to engage
in any outdoor sport activity.
On 20 January 1938 the Gestapo District Office at Munich,
issued a decree which stated in part as follows:
"The Guild of the Virgin Mary (de Marianisch
Jungfrauenkongregation) of the Bavarian dioceses,
including the diocese of Speyere, together with its
branches and associations and the Societies of Our Lady
(Jungfrauenverenen) attached to it, is by police order
to be dissolved and forbidden with immediate effect."
Among the reasons cited for this action were the following:
"The whole behavior of the Guild of the Virgin Mary had
therefore to be objected to from various points of
view. It could be repeatedly observed that the Guild
engaged in purely worldly affairs, such as community
games, and then in the holding of 'Social Evenings'.
"This proves incontestably that the Guild of the Virgin
Mary was active to a very great degree in a manner
unecclesiastical and therefore worldly. By so doing it
has left the sphere of its proper religious task and
entered a sphere of activity to which it has no
statutory right. The organization has therefore to be
dissolved and forbidden." (1481-PS)
According to the report of a Security Police "church
specialist" attached to the State Police Office at Aachen,
the following points were made by a lecturer at a conference
of Security Police and Security Service church intelligence
investigators in Berlin, on 22 September 1941:
"Retreats, recreational organizations, etc., may now be
forbidden on ground of industrial war-needs, whereas
formerly only a worldly activity could be given as a
basis.
"Youth camps, recreational camps are to be forbidden on
principle, church organizations in the evening may be
pre vented on grounds of the blackout regulations.
"Processions, pilgrimages abroad are to be forbidden by
reason of the over-burdened transport conditions. For
local events too technical traffic troubles and the
danger of air attack may serve as grounds for their
prohibition. (One Referent forbade a procession, on the
grounds of it wearing out shoe leather)." (1815-PS)
(g) The Nazi conspirators suppressed religious education. In
a speech on 7 March 1937, Rosenberg stated:
"The education of youth can only be carried out by
those who have rescued Germany from disaster. It is
therefore
[Page 274]
impossible to demand one Fuehrer, one Reich and one
firmly united people as long as education is carried
out by forces which are mutually exclusive to each
other." (2351-PS)
In a speech at Fulda, 27 November 1937 Reich Minister for
Church Affairs Hans Kerrl stated:
"We cannot recognize that the Church has a right to
insure that the individual should be educated in all
respects in the way in which it holds to be right; but
we must leave it to the National Socialist State to
educate the child in the way it regards as right." (252-
PS)
In January 1939, Bormann, acting as Deputy of the Fuehrer,
informed the Minister of Education, that the Party was
taking the position that theological inquiry was not as
valuable as the general fields of knowledge in the
universities and that suppression of Theological Faculties
in the universities was to be undertaken at once. He pointed
out that the Concordat with the Vatican placed certain
limitations on such a program, but that in the light of the
general change of
circumstances, particularly the compulsory military service
and the execution of the four-year plan, the question of
manpower made certain reorganizations, economies and
simplification necessary. Therefore, Theological Faculties
were to be restricted insofar as they could not
be wholly suppressed. He instructed that the churches were
not to be informed of this development and no public
announcement was to be made. Any complaints, if they were to
be replied to at all, should be answered with a statement
that these measures are being executed in a general plan of
reorganization and that similar things are happening to
other faculties. He concludes with the statement that the
professorial chairs vacated by the above program are to be
turned over to the newly created fields of inquiry, such as
Racial Research. (116-PS)
A plan for the reduction of Theological Faculties was
submitted by the Reich Minister for Science, Education and
Training in April 1939 to Bormann, who forwarded it to
Rosenberg for consideration and action. The plan called for
shifting, combining and eliminating Theological
Faculties in various schools and universities throughout the
Reich, with the following results:
"To recapitulate this plan would include the complete
closing of Theological Faculties at Innsbruck, Salzburg
and Munich, the transfer of the faculty of Graz to
Vienna and the vanishing of four Catholic faculties.
"a. Closing of three Catholic Theological Faculties or
Higher Schools and of four Evangelic Faculties in the
winter semester 1939/40.
[Page 275]
"b. Closing of one further Catholic and of three-
further Evangelic Faculties in the near future." (122-
PS)
In a secret decree of the Party Chancellery, signed by
Bormann, and distributed to all Gauleiters on 7 June 1941,
the following statement concerning religious education was
made:
"No human being would know anything of Christianity if
it had not been drilled into him in his childhood by
pastors. The so-called dear God in no wise gives
knowledge of his existence to young people in advance,
but in an astonishing manner in spite of his
omnipotence leaves this to the efforts of the pastors.
If therefore in the future our youth learns nothing
more of this Christianity, whose doctrines are far
below ours, Christianity will disappear by itself." (D-
75)
(2) Supplementary evidence of acts of oppression within
Germany. In laying the groundwork for their attempted
subversion of the Church, the Nazi conspirators resorted to
assurances of peaceful intentions. Thus Hitler, in his
address to the Reichstag on 23 March 1933 declared:
"While the government is determined to carry through
the political and moral purging of our public life, it
is creating and insuring prerequisites for a truly
religious life. The government sees in both Christian
confessions the factors most important for the
maintenance of our Folkdom. It will respect agreements
concluded between them and the states. However, it
expects that its work will meet with a similar
appreciation. The government will treat all other
denominations with equal objective justice. However, it
can never condone that belonging to a certain
denomination or to a certain race might be regarded as
a license to commit or tolerate crimes. The Government
will devote its
care to the sincere living together of Church and
State." (3387-PS)
(a) Against the Evangelical Churches. The Nazi conspirators,
upon their accession to power, passed a number of laws,
under innocent-sounding titles, designed to reduce the
Evangelical Churches to the status of an obedient instrument
of Nazi policy. The following are illustrative:
[Page 276]
Document Number Date Reichsgesetzblatt Title and Gist of Law
Page
------------------------------------------------------------
3433-PS 14.7.33 I.471
Gesetz ueher die
Verfassun der Deutschen
Evanelischen Kirche (Law
concerning the
Constitution of the
German Evangelical
Church), establishing
among other things the
new post of Reich Bishop.
[Signed by] Hitler,
Frick.
3434-PS 26.6.35 I.774
Gesetz ueer das
BesGhlussverfahren in
Rechtsaneleenheite der
Evanelisschen Kirche (Law
concerning procedure for
decisions in legal
affairs of the
Evangelical Church),
giving the Reich Ministry
of the Interior sole
authority to determine
the validity of measures
taken in the Churches
since 1 May 1933, when
raised in a civil
lawsuit. [Signed by]
Hitler, Frick.
3435-PS 3.7.35 I.851
Erste Verordnung zur
Durchfuehrung des
Gesetzes ueber das
Reschluss-verfahren in
Rechtsanelegenheiten der
Evanelischen Kirche
(First Ordinance for
Execution of the Law
concerning procedure for
decisions in legal
affairs of the
Evangelical Church),
setting up detailed
organization and
procedures under the law
of 21 June 1935. [Signed
by] Frick.
3466-PS 16.7.35 I.1029
Erlass ueber die Zusammen
fassung der
Zustaendiykeiten des
Reichs und Preussens in
Kirchenaneleenheiten
(Decree to unite the
competences of Reich and
Prussia in Church
affairs) transferring to
Kerrl, Minister without
Portfolio, the church
affairs previously
handled by Reich and
Prussian Ministers of the
Interior and of Science,
Education, and Training.
[Signed by] Hitler, Rust,
Koerner.
[Page 277]
3436-PS 24.9.35 I.1178
Gesetz zur Sicherun der
Deutschen Evangelischen
Kirche (Law for the
Safeguarding of the
German Evangelical
Church) empowering the
Reich Minister of Church
Affairs (Kerrl) to issue
Ordinances with binding
legal force. [Signed by]
Hitler, Frick.
3437-PS 2.12.35 I.1370
Fuenfte Verordnung Zur
Durchfuehrun des Gesetzes
zur Siherun der Deutschen
Evanelischen Kirche
(Fifth decree for
execution of the law for
the Safeguarding of the
German Evangelical
Church) prohibiting the
churches from filling
their pastorates,
ordaining ministers,
visitation, publishing of
banns, and collecting
dues and assessments.
[Signed by] Kerrl.
3439-PS 25.6.37 I.697
Fuenfzehnte Verordnun zur
Durchfuehrun des Gesetzes
zur Sicherung der
Deutschen Evanyelischen
Kirche (Fifteenth decree
for the Execution of the
Law for Security of the
German Evangelical
Church) establishing in
the Reich Ministry for
Church Affairs a Finance
Department, to supervise
administration of the
church property budget,
tax assessment, and use
of budget funds. [Signed
by] Kerrl.
With the help of their Reich Bishop, Bishop Mueller, they
maneuvered the Evangelical Youth Association into the Hitler
Jugend under Von Schirach in December 1933. (1458-PS)
They arrested prominent Protestant leaders such as Pastor
[Page 278]
Niemoeller. By 1937, the result of all these measures was
complete administrative control by the Nazi conspirators
over the Evangelical churches.
(b) Against the Catholic Church. Just as in their program
against the Evangelical Churches, so in their attack on the
Catholic Church, the Nazi conspirators concealed their real
intentions under a cloak of apparent respect for its rights
and protection of its activities. On 20 July 1933, a
Concordat was concluded between the Holy See and the German
Reich, signed for the Reich by Von Papen (280-A-PS). It was
the Nazi Government, not the Church, which initiated the
negotiations.
"The German Government asked the Holy See to conclude a
Concordat with the Reich." (268-PS)
By Article I of the Concordat,
"The German Reich guarantees freedom of profession and
public practice of the Catholic religion.
"It acknowledges the right of the Catholic Church,
within the limit of those laws which are applicable to
all, to manage and regulate her own affairs
independently, and, within the framework of her own
competence, to publish laws and ordinances binding on
her members." (3280-A-PS)
Other articles formulated agreements on basic principles
such as free communication between Rome and the local
ecclesiastical authorities, freedom of the Catholic press,
of Catholic education and of Catholic action in charitable,
professional, and youth organizations. In return,
the Vatican pledged loyalty by the clergy to the Reich
Government and emphasis in religious instruction on the
patriotic duties of the Christian citizen. (3280-A-PS)
In reliance upon assurances by the Nazi conspirators, the
Catholic hierarchy had already revoked their previous
prohibition against Catholics becoming members of the Nazi
Party (389 PS). The Catholic Center Party, under a
combination of Nazi pressure and assurances,
published on 29 December 1933, an announcement of its
dissolution (2403-PS). Thus the Catholics went a long way to
disarm themselves and cooperate with the Nazis.
Nevertheless, the Nazi conspirators continued to develop
their policy of slow strangulation of religion, first in
covert, and then in open, violation of their assurances and
agreements.
In the Encyclical "Mt Brenneder Sorge", on 14 March 1937, Pope
Pius XI described the program:
"It discloses intrigues which from the beginning had no
other aim than a war of extermination. In the furrows
in which we had labored to sow the seeds of true peace,
others like the enemy in Holy Scripture (Matt. xiii,
25) sowed
[Page 279]
the tares of suspicion, discord, hatred, calumny of
secret and open fundamental hostility to Christ and His
Church, fed from a thousand different sources and
making use of every available means. On them and on
them alone and on their silent and vocal protectors
rests the responsibility that now on the horizon of
Germany there is to be seen not the rainbow of peace
but the threatening storm clouds of destructive
religious wars. *** Anyone who has any sense of truth
left in his mind and even a shadow of the feeling of
justice left in his heart will have to admit that, in
the difficult and eventful years which followed the
Concordat, every word and every action of Ours was
ruled by loyalty to the terms of the agreement; but
also he will have to recognize with surprise and deep
disgust that the unwritten law of the other party has
been arbitrary misinterpretation of agreements, evasion
of agreements, evacuation of the meaning of agreements,
and
finally more or less open violation of agreements."
(3280-PS)
The Nazis suppressed the Catholic Youth League, beginning
ten days after the concordat was signed. (See Section 8,
infra.)
On 18 January 1942, in declining to accede to a demand made
by the German Government that no further appointment of
Archbishops, Bishops, and other high administrative
dignitaries be made in the new territories of the Reich, or
of certain of them within the old Reich, without previous
consultation with the German Government (3261-PS), the
Secretary of State of Pope Pius XII pointed to measures
taken by the German Government,
"Contrary not only to the existing Concordats and to
the principles of international law ratified by the
Second Hague conference, but oftenand this is much more
graveto the very fundamental principles of divine law,
both natural and positive."
The Papal Secretary of State continued:
"Let it suffice to recall in this connection, among
other things, the changing of the Catholic State
elementary schools into undenominational schools; the
permanent or temporary closing of many minor
seminaries, of not a few major seminaries and of some
theological faculties; the suppression of almost all
the private schools and of numerous Catholic boarding
schools and colleges; the repudiation, decided
unilaterally, of financial obligations which the State,
Municipalities etc. had towards the Church; the
increasing difficulties put in the way of the activity
of the religious Orders and Congregations in the
spiritual, cultural and social field
[Page 280]
and above all the suppression of Abbeys, monasteries,
convents and religious houses in such great numbers
that one is led to infer a deliberate intention of
rendering impossible the very existence of the Orders
and Congregations in Germany.
"Similar and even graver acts must be deplored in the
annexed and occupied territories, especially in the
Polish territories and particularly in the Reichsgau
Wartheland, for which the Reich Superintendent - has
issued, under date of September 13th last, a
'Decree concerning Religious Associations and Religious
Societies' (Verordnung uber eligioese Vereinigngen und
Religion-gesellschaften) in clear opposition to the
fundamental principles of the divine constitution of
the Church." (3261-PS)
Illustrative of the numerous other cases and specific
incidents which might be adduced as the program of
suppression was carried into action within Germany proper,
are the measures adopted beginning in 1936 to eliminate the
priest Rupert Mayer of Munich. Because of his sermons, he
was confined in various prisons, arrested and rearrested,
interned in Oranienburg-Sachsenhausen concentration camp,
and the Ettal Monastery, from which he was released by
Allied troops in May 1945, and later died. '(372-PS)
(c) Against other religious groups.
Members of the sect known as "BibelJorscher"meaning "Members
of a Biblical Society" or "Bible-Researchers"were as early
as 1937 sent as a routine matter to concentration camps by
the Gestapo, even after serving of a sentence imposed by a
court or.after the cancellation of
an arrest order (D-84). At one camp aloneDachauthere were
over 150 "Bibelforscher" in protective custody in 1937.
(2928-PS)
B. Acts of suppression of the Christian Churches in Annexed
an Occupied Territories.
(1) In Austria. The methods of suppression of churches
followed in Austria by the occupying power began with
measures to exclude the Church from public activities, such
as processions, printing of newspapers and Reviews which
could spread Christian doctrines; from forming Youth
organizations, such as Boy Scouts; from directing
educational or charitable activities; and even from
extending help in the form of food to foreigners. Unable in
conscience to obey the public
prescription, ministers of religions were arrested and sent
to concentration camps, and some were executed. Churches
were closed, convents and mon-
[Page 281]
asteries suppressed, and educational property confiscated.
The total number of confiscations, suppressions, or
alienations of religious institutions exceeded 100 cases in
one diocese alone. (3278-PS)
The Lutheran Church in Austria, though comprising a small
minority of the population, was subjected to organized
oppression. Its educational efforts were obstructed or
banned. Believers were encouraged, and sometimes
intimidated, to repudiate their faith. Lutheran pastors were
given to understand that a government position would be
awarded to each one who would renounce his ministry and if
possible withdraw from the Lutheran Church. (3273-PS)
Tn summation of the period of Nazi domination and in review
of the attempted suppression of the Christian Church, the
Archbishops and Bishops of Austria in their first joint
Pastoral after liberation declared:
"At an end also is an intellectual battle, the goal of
which was the destruction of Christianity and the
Church among our people; a campaign of lies and
treachery against truth and love, against divine and
human rights and against international law." (3274-PS)
(2) In Czechoslovakia. The Czechoslovak Official Report for
the prosecution and trial of the German Major War Criminals
by the International Military Tribunal established according
to the Agreement of the Four Great Powers of 8 August 1945
describes in summary form the measures taken by the Nazi
conspirators to suppress religious liberties and persecute
the churches. The following excerpts are quoted from this
report (998-PS):
"(a) Catholic Church.
"*** At the outbreak of war, 487 Catholic priests
were among the thousands of Czech patriots arrested and
sent to concentration camps as hostages. Venerable high
ecclesiastical dignitaries were dragged to
concentration camps in Germany. *** Religious orders
were dissolved and liquidated, their charitable
institutions closed down and their members expelled or
else forced to compulsory labor in Germany. All
religious instruction in Czech schools was suppressed.
Most of the weeklies and monthlies which the Catholics
had published in Czechoslovakia, had been suppressed
from the very beginning of the occupation. The Catholic
gymnastic organization "Orel" with 800,000
members was dissolved and its Property was confiscated.
To a
[Page 282]
great extent Catholic church property was seized for
the benefit of the Reich.
"(b) Czechoslovak National Church.
"*** The Czechoslovak Church in Slovakia was entirely
prohibited and its property confiscated under German
compulsion in 1940. It has been allowed to exist in
Bohemia and Moravia but in a crippled form under the
name of the Czecho-Moravian Church.
"(c) Protestant Churches.
"The Protestant Churches were deprived of the freedom
to preach the gospel. German secret state police
watched closely whether the clergy observed the
restrictions imposed on it. *** Some passages from
the Bible were not allowed to be read in public at all.
***
"* * Church leaders were especially persecuted, scores
of ministers were imprisoned in concentration camps,
among them the General Secretary of the Students'
Christian Movement in Czechoslovakia. One of the Vice-
Presidents was executed.
"Protestant Institutions such as the YMCA and YWCA were
suppressed throughout the country.
"The leading Theological School for all Evangelical
denominations, HUS Faculty in Prague and all other
Protestant training schools for the ministry were
closed down in November 1939, with the other Czech
universities and colleges.
"(d) Czech Orthodox Church.
"The hardest blow was directed against the Czech
Orthodox Church. The Orthodox churches in
Czechoslovakia were ordered by the Berlin Ministry of
Church Affairs to leave the Pontificate of Belgrade and
Constantinople respectively and to become subordinate
to the Berlin Bishop. The Czech Bishop Gorazd was
executed together with two other priests of the
Orthodox Church. By a special order of the Protector
Daluege, issued in September 1942, the Orthodox Church
of Serbian Constantinople jurisdiction was completely
dissolved in the Czech lands, its religious activity
forbidden and its property
"All Evangelical education was handed over to the civil
authorities and many Evangelical teachers lost their
employment; moreover the State grant to salaries of
many evangelical priests was taken away." (998-PS)
(3) In Poland. The repressive measures levelled against the
Christian Church in Poland where Hans Frank was Governor-
[Page 283]
General from 1939 to 1945, were even more drastic and
sweeping. In protest against the
systematic strangulation of religion, the Vatican, on 8
October 1942, addressed a memorandum to the German Embassy
accredited to the Holy See in which the Secretariat of State
emphasized the fact that despite previous protests to the
Minister for Foreign Affairs of the Reich, von
Ribbentrop, the religious condition of the Catholics in the
Warthegau "has become even sadder and more tragic." This
memorandum states:
"For quite a long time the religious situation in the
Warthegau gives cause for very grave and ever
increasing anxiety. There, in fact, the Episcopate has
been little by little almost completely eliminated; the
secular and regular clergy have been reduced to
proportions that are absolutely inadequate, because
they have been in large part deported and exiled; the
education of clerics has been forbidden; the Catholic
education of youth is meeting with the greatest
opposition; the nuns have been dispersed;
insurmountable obstacles have been put in the way of
affording people the helps of religions; very many
churches have been closed; Catholic intellectual and
charitable institutions have been destroyed;
ecclesiastical property has been seized." (3263-PS)
On 18 November 1942 the Papal Secretary of State requested
the Archbishop of Breslau, Cardinal Bertram, to use every
effort to assist Polish Catholic workers transferred to
Germany, who were being deprived of the consolations of
religion. In addition, he again appealed for help for the
Polish priests detained in various concentration camps,
whose death rate was "still on the increase." (3265-PS). On
7 December 1942 the Cardinal Archbishop of Breslau replied
that all possible efforts were being put forward by the
German Bishops without success on behalf of the victims of
concentration camps and labor battalions, and deplored "the
intolerable decrees" against religious ministration to
Poles. (3266-PS)
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 lan-
[Page 284]
guage 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 Nazion-sozstschen Parez,
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 'Reichsscherheitshauptamt' 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
(Reichsscherheitshauptamt) 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
[Page 285]
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, byway 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 these
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
[Page 286]
interned priest, with barbed wire, the scourging and
the crowning with thorns of our
Redeemer." (3268-PS)
Further revealing figure 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 Chefmno,. where about 650 priests
were installed before the war only 30 were allowed to
stay, the 97% of them were imprisoned, executed or put
into concentration camps.
13. By January 141 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)
[Page 287]
LEGAL REFERENCES AND LIST OF DOCUMENTS
RELATING TO SUPPRESSION OF THE
CHRISTIAN CHURCHES
Charter of the International Military Tribunal,
Article 6, especially 6 (a, c). Vol. I Pg. 5
International Military Tribunal, Indictment
Number 1, Section IV (D) 3 (c) (2, 3); X (B). Vol. I Pgs 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) Vol. III Pg.109
[Page 288]
*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) Vol. III Pg. 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)
Vol. III Pg. 118
*072-PS; Bormann letter to Rosenberg,
19 April 1941, concerning confiscation of property,
especially of art treasures in the East. (USA 357) Vol. III
Pg.122
*089-PS; Letter from Bormann to
Rosenberg, 8 March 1940, instructing Amann not to issue
further news print to confessional newspapers. (USA 360)
Vol. III Pg. 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) Vol. III Pg. 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). Vol. III Pg. 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) Vol. III Pg. 160
[Page 289]
*107-PS; Circular letter signed
Bormann, 17 June 1938, enclosing directions prohibiting
participation of Reichsarbeitsdienst in religious
celebrations. (USA 351) Vol. III Pg. 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) Vol. III Pg. 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)
Vol. III Pg.173
*129-PS; Letter from Kerrl to Herr
Stapol, 6 September 1939, found in Rosenberg files. (USA
727) Vol. III Pg.179
*840-PS; Party Directive, 14 July
1939, making clergy and theology students ineligible for
Party membership. (USA 355) Vol. III Pg.606
*848-PS; Gestapo telegram from Berlin
to Nurnberg, 24 July 1938, dealing with demonstrations
against Bishop Sproll in Rottenburg. (USA 353) Vol. III Pg.
613
*849-PS; Letter from Kerrl to
Minister of State, 23 July 1938, with enclosures dealing
with persecution of Bishop Sproll. (USA 354) Vol. III Pg.613
*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) Vol. III Pg.656
[Page 290]
*1164-PS; Secret letter, 21 April
1942, from SS to all concentration camp commanders
concerning treatment of priests. (USA 736) Vol. III Pg.820
*1458-PS; The Hitler Youth by Baldur
von Schirach, Leipzig, 1934. (USA 667) Vol.IV Pg.22
*1481-PS; Gestapo order,20 January
1938, dissolving and confiscating property of Catholic Youth
Women's Organization in Bavaria. (USA 737) Vol. IV Pg.50
*1482-PS; Secret letter, 20 July 1933
to provincial governments and the Prussian Gestapo from
Frick, concerning Confessional Youth Organizations. (USA
738) Vol. IV Pg.51
*1498-PS; Order of Frick, 6 November
1934, addressed inter alios to Prussian Gestapo prohibiting
publication of Protestant Church announcements. (USA 739)
Vol. IV Pg.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) Vol. IV Pg.75
*1708-PS; The Program of the NSDAP.
National Socialistic Yearbook, 1941, p. 153. (USA 255; USA
324) Vol. IV Pg.208
*1815-PS; Documents on RSHA meeting
concerning the study and treatment of church politics. (USA
510) Vol. IV Pg.415
[Page 291]
1855-PS; Extract from Organization
Book of the NSDAP, 1937, p. 418. Vol. IV Pg. 495
*1997-PS; Decree of the Fuehrer, 17
July 1941, concerning administration of Newly Occupied
Eastern Territories. (USA 319) Vol. IV Pg.634
*2349-PS: Extracts from "The Myth of
20th Century" by Alfred Rosenberg, 1941. (USA 352) Vol. IV
Pg.1069
2351-PS; Speech of Rosenberg, 7 March
1937, from The Archive, Vol. 3436, p. 1716, published in
Berlin, March 1937. Vol. IV Pg.1070
2352-PS; Speech of Kerrl, 27 November
1937, from The Archive, Vol. 4345, p. 1029, published in
Berlin, November 1937. Vol. IV Pg.1071
2403-PS; The End of the Party State,
from Documents of German Politics, Vol. I, pp. 55-56. Vol. V
Pg.71
2456-PS; Youth and the Church, from
Complete Handbook of Youth Laws. Vol. V Pg.198
*2851-PS; Statement by Rosenberg of
positions held, 9 November 1945. (USA 6). Vol. V Pg.512
*2910-PS; Certificate of defendant
Seyss-Inquart, 10 November 1945. USA 17) Vol. V Pg.579
*2928-PS; Affidavit of Mathias Lex,
deputy president of the German Shoemakers Union. (USA 239)
Vol. V Pg.594
*2972-PS; List of appointments held
by von Neurath, 17 November 1945. (USA 19) Vol. V Pg.679
*2973-PS; Statement by von Schirach
concerning positions held. (USA 14) Vol. V Pg.679
*2978-PS; Frick's statement of
offices and positions, 14 November 1945. (USA 8) Vol. V
Pg.683
[Page 292]
*2979-PS; Affidavit by Hans Frank, 15
November 1945, concerning positions held. (USA 7) Vol. V
Pg.684
*3261-PS; Verbal note of the
Secretariat of State of His Holiness, to the German Embassy,
1 January 1942. (USA 568) Vol. V Pg.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. Vol. V Pg.1015
*3263-PS; Memorandum of Secretariate
of State to German Embassy regarding the situation in the
Warthegau, 8 October 1942. (USA 571)
*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 2 March 1943. (USA 572) Vol. V Pg.1018
3265-PS; Letter to His Eminence the
Cardinal Secretary of State to the Cardinal Archbishop of
Breslau, 18 November 1942. Vol. V Pg.1029
*3266-PS; Description; Letter of Cardinal Bertram,
Archbishop of Breslau to the Papal Secretary of State, 7
December 1942. (USA 573) Vol. V Pg.1031
3267-PS; Verbal note of German
Embassy to Holy See to the Secretariate of State of His
Holiness, 29 August 1941. Vol. V Pg. 1037
*3268-PS; Allocution of His Holiness
Pope Pius XII, to the Sacred College, 2 June 1945. (USA 356)
Vol. V Pg.1038
[Page 293]
3269-PS; Correspondence between the
Holy See, the Apostolic Nuncio in Berlin, and the defendant
von Ribbentrop, Reich Minister of Foreign Affairs. Vol. V
Pg. 1041
3272-PS; Statement of Rupert Mayer,
13 October 1945. Vol. V Pg.1061
3273-PS; Statement of Lutheran
Pastor, Friedrich Kaufmann, Salzburg, 23 October 1945. Vol.
V Pg.1064
*3274-PS; Pastoral letter of Austrian
Bishops read in all churches, 14 October 1945. (USA 570)
Vol. V Pg.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) Vol. V Pg.1070
*3279-PS; Extract from Charge No. 17
against Hans Frank submitted by Polish Government to
International Military Tribunal. (USA 574) Vol. V Pg.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) Vol. V Pg.1079
3280-A-PS; Concordat between the Holy
See and the German Reich. Reichsgesetzblatt, Part II, p.
679. Vol. V Pg.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) Vol.
VI Pg.104
[Page 294]
*3389-PS; Fulda Declaration of 28
March 1933, from Voelkischer Beobachter, 29 March 1933, p.
2. (USA 566) Vol. VI Pg.105
3433-PS; Law concerning the
Constitution of the German Protestant Church, 14 July 1933.
1933 Reichsgesetzblatt, Part I, p. 471. Vol. VI Pg.136
3434-PS; Law concerning procedure for
decisions in legal affairs of the Protestant Church, 26 June
1935. 1935 Reichsgesetzblatt, Part I, p. 774. Vol. VI Pg.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. Vol.VI Pg.144
3436-PS; Law for Safeguarding of
German Protestant Church, 24 September 1935. 1935
Reichsgesetzblatt, Part I, p. 1178. Vol. VI Pg.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. Vol.
VI Pg.146
3439-PS; Fifteenth decree for the
Execution of law for Security of German Protestant Church,
25 June 1937. 1937 Reichsgesetzblatt, Part I, p. 697. Vol.
VI Pg.147
3466-PS; Decree to unite the
competences of Reich and Prussia in Church Affairs, 16 July
1935. 1935 Reichsgesetzblatt, Part I, p. 1029. Vol. VI
Pg.168
3560-PS; Decree concerning
organization and administration of Eastern Territories, 8
October 1939. 1939 Reichsgesetzblatt, Part I, p. 2042. Vol.
VI Pg.244
[Page 295]
3561-PS; Decree concerning the
Administration of Occupied Polish Territories, 12 October
1939. 1939 Reichsgesetzblatt, Part I, p. 2077. Vol. VI
Pg.246
3701-PS; Proposal for Reichsleiter
Bormann concerning speech of Bishop of Meunster on 3 August
1941. Vol. VI Pg.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) Vol. VI Pg.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) Vol.VI Pg.1035
*D-84; Gestapo instructions to State
Police Departments, 5 August 1937, regarding protective
custody for Bible students. (USA 236) Vol. VI Pg.1040
*EC-68; Confidential letter from
Minister of Finance and Economy, Baden, containing
directives on treatment of Polish Farm workers, 6 March
1941. (USA 205) Vol. VII Pg.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) Vol. VIII Pg.87
R-101-B; Letter from Himmler to Dr.
Winkler, 31 October 1940, concerning treatment of church
property: in incorporated Eastern countries. Vol. VIII Pg.89
[Page 296]
*R-101-C; Letter to Reich Leader SS,
30 July 1941, concerning treatment of church property in
incorporated Eastern areas. (USA 358) Vol. VIII Pg.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) Vol. VIII Pg.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) Vol.
VIII Pg.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) Vol.
VIII Pg.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 pub-
[Page 297]
lic 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 antiSemitic
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 he 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.
[Page 298]
(5) Jews have no right to be leaders of cultural
institution 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. AntiSemitism 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
Zusanamenraffen aller Deutschen zeiner stahlharten,
voelkischen Eiqheitsfront" (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: "AntiSemitism is in a way the emotional
foundation of our movement." (2844-PS)
[Page 299]
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
[Page 300]
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 Number Date Reichsgesetzblatt
-Page Title and Gist
of Law
------------------------------------------------------------
------------------------------------------------------
1397-PS 7.4.33 I.175
Gesetz zur
Wiederherstellunl
des
Berufsbeamtenturn
(Law for the
reestablishment of
the professional
civil service),
removing Jews from
Civil Service.
[Signed by] Hitler,
Frick, Schwerin, V.
Krosigk.
7.4.33 I.188
Gesetz uber die
Zulassun zur
Rechtsanwaltschaft
(Law relating to
admission to the
Bar) removing Jews
from the Bar.
[Signed by]
Guertner.
2868-PS 22.4.33 I.217
Gesetz betreff die
Zulassun zur
Patentanwaltschaft
(Law relating to the
admission to the
profession of patent
agent and lawyer)
excluding Jews from
acting as patent
attorneys. [Signed
by] Hitler,
Guertner.
2869-PS 6.5.33 I.257
Gesetz uber die
Zulasun von
Steuereratern. (Law
relating to the
admission of Tax
Advisors)
eliminating
"nonAryans" from the
profession of tax
consultants. [Signed
by] Hitler,
Schwerin, V.
Krosigk.
2084-PS 22.4.33 I.215
Gesetz uber die
uberfullun deutscher
Schullen ( Law
against the over-
crowding of German
schools and higher
institutions)
limiting drastically
the number of Jewish
students. [Signed
by] Hitler, Frick.
[Page 301]
2870-PS 26.7.33 I.538
Verordnung zur
Durchfuehrung des
Gesetzes uber den
Widerruf von
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.
[Signed by]
Pfundtner (Asst. to
Frick).
2083-PS 4.10.33 I.713
Schriftleitergesetz
(Editorial Law)
barring "non-Aryans"
and persons married
to "non-Aryans" from
the newspaper
profession. [Signed
by] Hitler,
Goebbels.
2984-PS 21.5.35 I.608
Wehrgesetz (Law
concerning Armed
Forces) barring "non-
Aryans" from
military service.
[Signed by: v.
Blomberg]
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
[Page 302]
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 (1
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 Number Date Reichsgesetzblatt-Page Title
and Gist of Law
1416-PS 15.9.35 I.1145
Reichsbuergergesetz
(Reich Citizenship
Law), first Nurnberg
Law, reserving
citizenship for
subjects of German
blood. [Signed by]
Hitler, Frick.
2000-PS 15.9.35 I.1146
Gesetz zum Sohutze
des deutschen
Blutes, (Law for
protection of German
blood and German
honor), forbidding
marriages and
extramarital
relations between
Jews and "Aryans"
[Signed by] Hitler,
Frick, Guertner,
Hess.
[Page 303]
1417-PS 14.11.35 I.1333
Erste Verordnung zum
Reichsbuergergesetz
(First regulation to
Reich citizenship
law), defining the
terms "Jew" and
"part-Jew". Jewish
officials to be
dismissed. [Signed
by] Hitler, Frick,
Hess.
2871-PS 7.3.36 I.133
Gesetz ueber as
Reichstagwahlrecht
(Law governing
elections to the
Reichstag) barring
Jews from Reichstag
vote. [Signed by]
Hitler, Frick.
1406-PS 26.4.38 I.414
Verordnung ueber die
Ammeldun des
Vermoens von Jude
(Decree for
reporting Jewish
owned property),
basis for subsequent
expropriation.
[Signed by] Goering,
Frick.
2872-PS 25.7.38 I.969
Vierte Verordnung
zum
Reichsbuergergesetz.
Fourth decree on the
Citizenship Law,
revoking licenses of
Jewish physicians.
[Signed by] Frick.
2873-PS 17.8.38 I.1044
Zweite Verordnung
zur Durchfuhwhng des
Gesetzes ueber die
Aenderung von
Familiennamen und
Vornmen (Second
decree on law
concerning change of
first and last
names), forcing Jews
to adopt the names
"Israel" and "Sara".
[Signed by] Frick.
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 Jew. 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
[Page 304]
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 Number Date Reichsgesetzblatt- Title and
Gist of Law
Page
------------------------------------------------------------
------------------------------------------------------
1412-PS 12.11.38 I.1579
Verordnun ueber eine
Suhneleistun 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. [Signed
by] Goering.
2875-PS 12.11.38 I.1580
Verordnun zur
Ausschltun der Juden
aus dem deutschen
Wirtschaftsleben
(Decree on
elimination of Jews
from German economic
life), barring Jews
from trade and
crafts. [Signed by]
Goering.
[Page305]
1415-PS 28.11.38 I.1676
Polizeiverordnun
ueber das Auftreten
der Juden in der
Queffentlichkeit
(Police regulation
of the appearance of
Jews in public),
limiting movement of
Jews to certain
localities and
hours. [Signed by]
Heydrich (assistant
to Frick).
1409-PS 3.12.38 I.1709
Verordnun ueber den
Einsatz 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.
[Signed by] Funk,
Frick.
1419-PS 30.4.39 I.864
Gesetz ueber
Mietverhaeltnisse
mit Juden (Law
concerning Jewish
tenants) granting to
landlords the right
to give notice to
Jewish tenants
before legal
expiration of lease.
[Signed by] Hitler,
Guertner, Krohn,
Hess, Frick.
2876-PS 4.7.39 I.1097
Zehnte Verordnung
zum
Peichsbuergergesetz
(Tenth decree
relating to the
Reich Citizenship
Law), forcible
congregation of Jews
in the
"Reichsvereinigung
der Juden in
Deutschland" [Signed
by] Frick, Rust,
Kerrl, Hess.
2877-PS 1.9.41 I.547
Polizeiverordnun
ueber die
Konnzeichnun der
Juden (Police order
concerning
identification of
Jews) forcing all
Jews over 6 years of
age to wear the Star
of David. [Signed
by] Heydrich.
(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
[Page 306]
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 war-time.
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 1 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 a 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.)
[Page 307]
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING
TO ADOPTION AND PUBLICATION OF THE
PROGRAM FOR PERSECUTION OF JEWS
Charter of the International Military Tribunal,
Article 6, especially 6 (a). Vol. I Pg. 5
International Military Tribunal, Indictment
Number 1, Section IV (D) 3 (d). Vol. I Pg. 20
[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.]
*710-PS; Letter from Goering to
Heydrich, 31 July 1941, concerning solution of Jewish
question. (USA 509) Vol. III Pg.525
1397-PS; Law for the reestablishment
of the Professional Civil Service, 7 April 1933. 1933
Reichsgesetzblatt, Part I, p. 17. Vol. III Pg. 981
1401-PS; Law regarding admission to
the Bar, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p.
188. Vol. III Pg.989
1406-PS; Decree for reporting of
Jewish owned property, 26 April 1938. 1938
Reichsgesetzblatt, Part I, p.414. Vol. III Pg.1001
[Page 308]
1409-PS; Order concerning utilization
of Jewish property, 3 December 1938. 1938 Reichsgesetzblatt,
Part I, p. 1709. Vol. IV Pg. 1
1412-PS; Decree relating to payment
of fine by Jews of German nationality, 12 November 1938.
1938 Reichsgesetzblatt, Part I, p. 1579. Vol. IV Pg. 6
1415-PS; Police regulation concerning
appearance of Jews in public, 28 November 1938. 1938
Reichsgesetzblatt, Part I, p. 1676. Vol. IV Pg. 6
1416-PS; Reich Citizen Law of 15
September 1935. 1935 Reichsgesetzblatt, Part I, p. 1146.
Vol. IV Pg. 7
*1417-PS; First regulation to the
Reichs Citizenship Law, 14 November 1935. 1935
Reichsgesetzblatt, Part I, p. 1333. (GB 258) Vol. IV Pg. 8
1419-PS; Law concerning Jewish
tenants, 30 April 1939. 1939 Reichsgesetzblatt, Part I, p.
864. Vol. IV Pg.10
1422-PS; Thirteenth regulation under
Reich Citizenship Law, 1 July 1943. 1943 Reichsgesetzblatt,
Part I, p.372. Vol. IV Pg.14
*1708-PS; The Program of the NSDAP.
National Socialistic Yearbook, 1941, p. 153. (USA 255; USA
324) Vol. IV Pg.208
*1816-PS; Stenographic report of the
meeting on The Jewish Question, under the Chairmanship of
Fieldmarshal Goering, 12 November 1938. (USA 261) Vol. IV
Pg.425
2000-PS; Law for protection of German
blood and German honor, 15 September 1935. 1935
Reichsgesetzblatt, Part I, No. 100, p. 1146. Vol IV Pg.636
[Page 309]
2022-PS; Law against overcrowding of
German schools and Higher Institutions, 25 April 1933. 1933
Reichsgesetzblatt, Part I, p. 225. Vol. IV Pg.651
2083-PS; Editorial control law, 4
October 1933. 1933 Reichsgesetzblatt, Part I, p. 713. Vol.
IV Pg.709
2084-PS; Law on formation of the
Student Organization at Scientific Universities, 22 April
1933. 1933 Reichsgesetzblatt, Part I, p. 215. Vol. IV Pg.718
*2409-PS; Extracts from The Imperial
House to the Reich Chancellery by Dr. Joseph Goebbels. (USA
262) Vol. V Pg. 83
2410-PS; Article by Julius Streicher
on the "coming popular action" under banner headline "Beat
the World Enemy", from Voelkischer Beobachter, South German
Edition 31 March 1933. Vol. V Pg.85
2427-PS; The Racial Awakening of
German Nation by Dr. Rudolf Frercks, in National Political
Enlightenment Pamphlets. Vol. V Pg.92
2431-PS; The Revolution of the
Germans; 14 years of National Socialism, by Dr. Joseph
Goebbels. Vol. V Pg.92
2432-PS; Extracts from Rosenberg's,
Writings From The Years, 1921-1923. Vol. V Pg.93
*2663-PS; Hitler's speech to the
Reichstag, 30 January 1939, quoted from Voelkischer
Beobachter, Munich edition, 1 February 1939. (USA 268) Vol.
V Pg.367
2840-PS; Dr. Wilhelm Frick and his
Ministry, 1937, p. 180-181. Vol. V Pg. 503
2841-PS; Extract from the Care for
Race and Heredity in the Legislation of the Reich, Leipzig,
1943, p. 14. Vol. V Pg.504
[Page 310]
2842-PS; Extract from Writings of the
years, 1917-21, by Alfred Rosenberg, published in Munich
1943, pp.320-321. Vol. V Pg. 504
2843-PS; Race Politics from Documents
of German Politics, Vol. VII, pp. 728-729. Vol. V Pg.505
2844-PS; The Program of the Nazi
Party, by Gottfried Feder, August 1927, Munich, p. 17. Vol.
V Pg.506
2845-PS; One Year of Racial Political
Education by Dr. Gross in National Socialist Monthly No. 54,
September 1934, pp. 833-834. Vol. V Pg.506
2868-PS; Law relating to admission of
profession of Patent-Agent and Lawyer, 22 April 1933. 1933
Reichsgesetzblatt, Part II, No. 41, pp.217-8. Vol. V Pg.529
2869-PS; Law relating to admission of
Tax Advisors, 6 May 1933. 1933 Reichsgesetzblatt, Part I,
No. 49, p.257. Vol. V Pg.530
2870-PS; Executory decree for law
about repeal of Naturalization and Adjudication of German
Citizenship, 26 July 1933. 1933 Reichsgesetzblatt, Part I,
p. 538. Vol. V Pg.530
2871-PS; Law governing elections to
Reichstag, 7 March 1936. 1936 Reichsgesetzblatt, No. 19, p.
133. Vol. V Pg.532
2872-PS; Fourth decree relative to
Reich Citizen Law of 25 July 1938. 1938 Reichsgesetzblatt,
Part I, p. 969. Vol. V Pg.533
2873-PS; Second decree allotting to
Implementation of Law on change of first and family names,
17 August 1938. 1938 Reichsgesetzblatt, Part I, p. 1044.
Vol. V Pg.534
[Page 311]
2874-PS; Fifth decree to law relating
to Reich Citizenship, 27 September 1938. 1938
Reichsgesetzblatt, Part I, No. 165, p. 1403. Vol. V Pg.535
2875-PS; Decree on exclusion of Jews
from German economic life, 12 November 1938. Vol. V Pg.536
2876-PS; Tenth decree relating to
Reich Citizenship Law, 4 July 1939. 1939 Reichsgesetzblatt,
Part I, p.1097. Vol. V Pg.537
2877-PS; Police decree concerning
"marking" of Jews, 1 September 1941. 1941 Reichsgesetzblatt,
Part I, No. 100, p. 547. Vol. V Pg.539
2881-PS; Hitler's speech of 12 April
1922, quoted in Adolf Hitler's Speeches, published by Dr.
Ernst Boepple, Munich, 1934, pp. 20-21, 72. Vol. V Pg.548
2893-PS; Article: "Dr. Frick and the
Unity of the Reich" by Walter Koerber, published in Our
Reich Cabinet, Berlin, 1936, p. 87. Vol. V Pg. 562
2894-PS; General Decree of 10
September 1935 on establishment of separate Jewish schools,
published in Documents of German Politics, 1937, p.152. Vol.
V Pg. 686
2904-PS; The Racial Problem and the
New Reich, published in The National Socialist Monthly, No.
38, May 1933, pp.196-7. Vol. V Pg. 570
2984-PS; Law concerning armed forces,
21 May 1936. 1935 Reichsgesetzblatt, Part I. Vol. V Pg. 686
*3054-PS; "The Nazi Plan", script of
a motion picture composed of captured German film. (USA 167)
Vol. V Pg. 801
8. RESHAPING OF EDUCATION AND RETRAINING OF YOUTH
A. The Nazi conspirators reshaped the educational system.
(1) The Nazi conspirators publicly announced the purposes of
their educational and training program. Hitler stated at
Elbing, Germany:
"When an opponent declares, 'I will not come over to
your side, and you will not get me on your side,' I
calmly say, 'Your child belongs to me already. A people
lives forever. What are you? You will pass on. Your
descendants however now stand in the new camp. In a
short time they will know nothing else b?l,t this new
community'." (2455-PS)
Hitler said on 1 May 1937:
"The youth of today is ever the people of tomorrow. For
this reason we have set before ourselves the task of
inoculating our youth with the spirit of this community
of the people at a very early age, at an age when human
beings are still unperverted and therefore unspoiled. *
* * This Reich stands, and it is building itself up for
the future, upon its youth. And this new Reich will
give its youth to no one, but will itself take youth
and give to youth its own education and its own
upbringing." (2454-PS)
The first sentence in the official instructors manual for
high schools reads:
"The German school is a part of the National Socialist
Educational order. It is its obligation to form the
national socialistic personality in cooperation with
the other educational powers of the nation, but by its
distinctive educational means." (2453-PS)
Hitler stated in Mein Kampf:
"On this basis the whole education by the National
State must aim primarily not at the stuffing with mere
knowledge, but at the building up of bodies which are
physically healthy to the core. The development of
intellectual faculties comes only after this." (2392-
PS)
(2) They transferred responsibility for education from the
states to the Reich. The Reich Ministry of Education was
established, and control of all schools, public and private,
including universities and adult educational activities, was
transferred to this Reichsministry (2078-PS; 2088-PS). The
control of education by the local authorities was replaced
by the absolute authority of the Reich in all educational
matters. (2393-PS)
[Page 313]
3) They changed the curricula and textbooks.
Kindergarten: Children from two to six years were trained in
more than 15,000 Kindergartens operated by the Party and
State. The teachers in charge were trained in special
schools that emphasized the ideological views of the Nazi
Party. The children were given a systematic training in Nazi
ideology. (2443-PS; 2441-PS)
Elementary schools: Primary emphasis was plated on physical
training. History, German race culture and mathematics were
the other subjects emphasized. These subjects were taught in
such a way as to emphasize the cultural superiority of the
German people, the importance of race, the Fuehrer
principle, glorification of German war heros, the subversive
elements that caused the defeat of Germany in World War I,
the shame of the Versailles Treaty, and the rebirth of
Germany under the Nazis. (292-PS; 2397-PS; 2441-PS; 2394-PS)
In addition to education in the schools all children from
six to ten years were registered in the Kindergruppen
(Children's Groups) conducted by the National Socialist
Frauenschaft (National Socialist Women's Organization). All
children were required to obtain an efficiency record card
and uniform and were instructed in Nazi ideology by the
members of the Women's Organization. (2441-PS; 2452-PS)
High Schools (Hoeheren Schule): The curricula and
organization of the Hoeheren School was modified by a series
of decrees of the Minister of Education in order to make
these schools effective instruments for the teaching of the
Nazi doctrines. A new curricula emphasizing physical
training, German war history, and race culture was
introduced. (2453-PS)
Universities: The schools of politics and physical education
became the largest colleges at the universities. Beginning
in 1933 the Nazis introduced courses in heredity and race
culture, ancient and modern German history, biology and
geopolitics. (2443-PS; 2441-PS)
Textbooks in the schools were changed to accord with the
expressed objectives of the Nazi conspirators. (2446-PS;
2442-PS; 2444-PS; 2445-PS)
(4) The Nazi conspirators acquired domination and control
over all teachers. The law for the reestablishing of the
professional civil service made it possible for the Nazi
conspirators thoroughly to reexamine all German teachers and
to remove all "harmful and untrustworthy" elements (1397-PS;
2392-PS). Many teachers and professors (mostly Jewish) were
dismissed
[Page 314]
and were replaced with "State spirited" teachers (2392-PS).
All teachers were required to take an oath of loyalty and
obedience to Hitler (2061-PS). All teachers were required to
belong to the National Socialist Lehrerbund (National
Socialist Teachers League), which organization was charged
with the training of all teachers in the theories and
doctrines of the NSDAP. (2452-PS)
In 1934 the National Socialist Teachers League was declared
to be the official organ of German education. (2393-PS)
The Civil Service Act of 1937 required the teachers to be
"the executors of the will of the party-supported State." It
required them to be ready at "any time to defend without
reservation the National Socialist State." The law required
the teachers to participate strenuously in elections, have
thorough knowledge of Party principles and literature,
render the Hitler Salute, send their children to the Hitler
Youth, and educate them in the Nazi spirit (2340-PS). Before
taking their second examination (required for permanent
appointment), teachers in Prussia were required to show
service in the SA and in the Arbeitsdienst (Labor Service)
(2392-PS). Candidates for teaching and other public
positions were required to have "proved themselves" in the
Hitler Jugend (2451-PS; 2900-PS). Teachers' academies were
judged by the Minister of Education on their ability to turn
out men and women with new ideas "based on blood and soil".
(2394-PS)
The leadership principle replaced the democratic school
principle. A decree of the Reich Minister of Education made
the head of any school fully responsible for the conduct of
the institution in line with the official party ideology.
Teachers committees and Student Committees were abolished
(2393-PS; 2392-PS). A "confidential instructor," the school
youth warden of the Hitler Jugend, appointed by the Hitler
Youth authorities, was assigned to each school (2396-PS).
The "Parents Advisory Committees" in the public schools were
dissolved, and replaced by the "School Communities,"
(Schulgemeinde). The headmaster was the leader. He
appointed, after consultation with the local party leader,
two to five teachers or parents, known as "Jugendwalter,"
(Youth Advisors) and one Hitler Youth leader, who was
appointed after consultation with the Hitler Youth officials
in the district (299-PS). The duties of the "School
Community" were to bring to the attention of the public the
educational objectives of the Nazi Party, including race
questions, heredity indoctrination, physical training, and
the Youth League activities. The function of advising the
school authorities, formerly performed by the "Parents
Advisory Committees," was eliminated by the decree. (2399-
PS)
[Page 315]
Universities: The Leadership Principle was introduced into
the universities. The Rektor (head of the university) was
appointed by the Reich Minister of Education for an
unspecified period of time and was responsible only to the
Reichs Minister. The University was divided into the
Dozetenschaft (Lecturers Corps) and the Studentenschaft
(Student Corps). The leaders of these two bodies were also
appointed by the Reichsminister of Education (2394-PS). The
teaching staff of the university was subject to the control
of the National Socialist Dozentenbund (NSDoB) (Nazi
Association of University Lecturers). The purposes of the
NSDoB were:
(a) to take a decisive part in the selection of lecturers
and to produce candidates for the teaching staff who were
wholly Nazi in their outlook.
(b) to train all university lecturers in Nazi ideology,
(c) to see that the entire university life was run in
accordance with the philosophy of the Party. (2452-PS; 318-
PS)
All German students at the universities were required to
belong to the Studentenschaft (Student Corps) (2084-PS). The
Student Corps was responsible for making the students
conscious of their duties to the Nazis, and was obliged to
promote enrollment in the SA and labor service. Physical
training of students was the responsibility of the SA.
Political education was the responsibility of the National
Socialistische Deutsche Studentenbund (NSDStB), (National
Socialist German Student Bund) (2458-PS). The National
Socialist Student Bund (NSDStB) was the Nazi "elite" of the
student body and was responsible for the leadership of the
university students, and all leaders of the Student Corps
were appointed from its membership. The Nazi Student Bund
was solely responsible for the entire ideological and
political education of the students. (2395-PS;- 2399-PS;
2441-PS; 2392-PS; 2393-PS)
B. The Nazi conspirators supplemented the school system by
training the youth through the Hitler Jugend.
(1) The Nazi conspirators from their early days expressed
their belief in the fundamental importance of controlling
the education and training of youth. Hitler stated in Mein
Kampf:
"It is precisely our German people, that today broken
down, lies defenseless against the kicks of the rest of
the world who need that suggestive force that lies in
self-confidence. . But this self-confidence has to be
instilled into the young fellow-citizen from childhood
on. His entire education and development has to be
directed at giving him the conviction
[Page 316]
of being absolutely superior to others. With this
physical force and skill he has again to win the belief
in the invincibility of his entire nationality. For
what once led the German army to victory was the sum of
the confidence which the individual and all in common
had in their leaders. The confidence in the possibility