Third Day:
Thursday, 22st November, 1945
exist until its dissolution after the collapse and unconditional surrender of
Germany in 1945.
The disagreements and intrigues within the Party between Hitler's followers and
those who opposed him were finally resolved on 29 July 1921, when Hitler became
"First Chairman" and was invested with extraordinary powers. Hitler immediately
reorganized the Party and imposed upon it the Führerprinzip--the leadership
principle--of which you will hear more later. Thereafter Hitler, the Führer,
determined all questions and made all decisions for the Party.
The main objectives of the Party, which are fastened upon the defendants and
their co-conspirators by reason of their membership in, or knowing adherence to
the Party, were openly and notoriously avowed. They were set out in the Party
program of 1920, were publicized in Mein Kampf and in Nazi literature
generally, and were obvious from the continuous pattern of public action of the
Party from the date of its founding.
Now two consequences, of importance in the Trial of this case, derive from the
fact that the major objectives of the Party were publicly and repeatedly
proclaimed:
First, the Court may take judicial notice of them.
Second, the defendants and their co-conspirators cannot be heard to deny them
or to assert that they were ignorant of them.
The Prosecution offers proof of the major objectives of the Party-and hence of
the objectives of the conspiracy--only to refresh or implement judicial
recollection. The main objectives were:
First, to overthrow the Treaty of Versailles and its restrictions on military
armament and activity in Germany;
Second, to acquire territories lost by Germany in World War I;
Third, to acquire other territories inhabited by so-called "racial Germans";
and
Fourth, to acquire still further territories said to be needed as living space
by the racial Germans so incorporated--all at the expense of neighboring and
other countries.
In speaking of the first aim, Hitler made an admission which
applied equally
[Page 103]
These aims are fully documented in the evidence offered by
the prosecution on this phase of the case, and it is not my
purpose at this time to recite to the Court numerous
declarations made by the defendants and others with respect
to these aims.
Moreover, these conspirators again and again publicly
announced to the still unbelieving world that they proposed
to accomplish these objectives by any means found opportune,
including illegal means and resort to threat of force,
force, and aggressive war. The use of force was distinctly
sanctioned, in fact guaranteed, by official statements and
directives of the conspirators which made activism and
aggressiveness a political quality obligatory for Party
members.
As Hitler stated in "Mein Kampf":
Now let us consider for a moment the doctrinal techniques of
the Common Plan or Conspiracy which are alleged in the
Indictment.
To incite others to join in the Common Plan or Conspiracy
and as a means of securing for the Nazi conspirators the
highest degree of control over the German community, they
disseminated and exploited certain doctrines.
The first of these was the "master race" doctrine - that
persons of so-called German blood were a master race. This
doctrine of racial supremacy was incorporated as Point 4 in
the Party Programme, which provided:
This doctrine had an eliminatory purpose; call anything "non-
German" or Jewish, and you have a clear right, indeed a
duty, to cast it out. In fact purges did not stop at so-
called racial lines, but went far beyond.
The second important doctrine, which permeates the entire
conspiracy and is one of the important links in establishing
the guilt of each of these defendants, is the doctrine or
concept of the "Fuehrerprinzip" or leadership principle.
This doctrine permeated the Nazi Party and all its
formations and allied organisations and eventually permeated
the Nazi State and all institutions, and is of such
[Page 104]
importance that I would like to dwell upon it for a few
moments and attempt to explain the concepts which it
embraces.
The "Fuehrerprinzip" embodies two major political concepts:
Authoritarianism implies the following: All authority is
concentrated at the top and is vested in one person only,
the Fuehrer. It further implies that the Fuehrer is
infallible as well as omnipotent. The Party Manual states:
Each political leader was sworn in yearly. According to the
Party Manual, which will be introduced in evidence, the
wording of the oath was as follows:
The second main concept of the "Fuehrerprinzip" is
Totalitarianism which implies the following: The authority
of the Fuehrer, his appointees and, through them, of the
Party as a whole, extends into all spheres of public and
private life.
The Party dominates the State.
As the Party manual states:
[Page 105]
I now offer the documents which establish the aims of the
Nazi Party and their doctrinal techniques. I also have for
the assistance of the Court and defence counsel, briefs
which make the argument part of these documents.
I now direct your attention to the rise to power of the Nazi
Party.
The first attempt to acquire political control was by force.
In fact at no time during this period did the Party
participate in any electoral campaigns, nor did it see fit
to collaborate with other political groups and parties.
THE PRESIDENT: Major Wallis, have you got copies of these
for defendants' counsel ?
MAJOR WALLIS: In Room 54-
THE PRESIDENT: Well, they will be wanting to follow them
now.
MAJOR WALLIS: Mr. President, my remarks, with which I am
proceeding, will cover an entirely different subject than in
the briefs before you. The briefs cover what I have already
said, Sir.
THE PRESIDENT: Are you depositing a copy of these briefs for
each of the defendants' counsel ?
MAJOR WALLIS: I am informed, if your Honour pleases, that
the same procedure has been followed with respect to these
briefs as has been followed with respect to the documents,
namely, a total of six has been made available to the
defendants in Room 54.
THE PRESIDENT: What do you say?
MAJOR WALLIS: A total of six copies has been made available
to the defendants in Room 54. If your Honour does not deem
that number sufficient, I feel sure that I can give
assurance, on behalf of the Chief Prosecutor of the United
States, that before the close of the day an ample supply of
copies will be there for use.
THE PRESIDENT: The Tribunal thinks that the defence counsel
should each have a copy of these briefs.
MAJOR WALLIS: That will be done, sir.
THE PRESIDENT: Members of the defence counsel, you will
understand that I have directed on behalf of the Tribunal
that you should each have a copy of this brief.
DR. RUDOLF DIX: (Counsel for defendant Schacht): We are very
grateful for this directive, but none of us has seen any of
these documents so far. I assume and hope that these
documents will be given to the defence in the German
translation.
THE PRESIDENT: Yes. (Pause) Yes, Major Wallis.
MAJOR WALLIS: I now direct your attention to the rise to
power of the Nazi Party.
The 9th November, 1923, warranted the end as well as the
beginning of an era. On the 9th November occurred the
historical fact popularly known as the Hitler Putsch. During
the night of the 8th to 9th November, Hitler, supported by
[Page 106]
The new era in the National Socialist movement commences
with Hitler's parole from prison in December 1924. With the
return of its leader, the Party took up its fight for power
once again. The prohibitions invoked by the government
against the Nazi Party at the time of the Munich Putsch
gradually were removed, and Hitler the Fuehrer of the Party,
formally announced that in seeking to achieve its aims to
overthrow the Weimar Government, the Party would resort only
to "legal" means. A valid inference from these facts may
well be suggested, namely that the Party's resort to
"legality" was in reality only a condition on which it was
permitted to carry on its activities in a democratically
organised State. But, consistent with its professed resort
to "legality," the Party now participated in the popular
elections of the German people and generally took part in
political activity. At the same time it engaged in feverish
activity to expand the party membership, its organisational
structure and activities. The S.A. and the S.S. recruited
numerous new members. Hitler's "Mein Kampf" appeared in
1925. The Hitler Youth was founded. Newspapers were
published, among them the Volkischer Beobachter of which the
defendant Rosenberg was editor, and Der Angriff published by
Goebbels, later the notorious Minister of Propaganda and
Public Enlightenment. Meetings of other political parties
were interfered with and broken up, and there was much
street brawling.
The results of the Party's attempt to gain political power
made little headway for a number of years, despite the
strenuous efforts exerted to that end. In 30 elections in
which the National Socialists participated from 1925 to 1930
for seats in the "Reichstag" and in the "Landtage" or
Provincial Diets of the various German states, the Nazis
received mandates in but 16 and gained no seats at all in 14
elections. The National Socialist vote in the l927 elections
did not exceed 4 per cent of the total number of votes cast.
The year 1929 marks the first modest success at the polls in
the State of Thuringia. The Nazi received over 11 per cent
of the popular vote, elected six representatives out of the
total of fifty-three to the Diet, and the defendant Frick
became Minister of Interior of Thuringia, the first National
Socialist chosen to ministerial rank.
With such encouragement and proof of the success of its
methods to win support, the Nazi Party redoubled its
traditional efforts (by means of terror and coercion). These
met with some rebuff on the part of the Reich and various
German States. Prussia required its civil servants to
terminate their membership in the Party and forbade the
wearing of brown shirts, which were worn by the S.A. of the
Party. Baden likewise ruled against the wearing of brown
shirts, and Bavaria prohibited the wearing of uniforms by
political organisations. New National Socialist writings
appeared in Germany. The new "National Socialist Monthly"
appeared under the editorship of the defendant Rosenberg,
and shortly thereafter, in June, 1930, Rosenberg's "Myth of
the 20th century" was published.
Against this background - President von Hindenburg having
meanwhile dissolved the Reichstag when Chancellor Bruning
failed to obtain a vote of confidence - Germany moved to the
polls once more on the 14th September, 1930. By this
election their representation in the Reichstag was increased
from 12 seats to 107 seats out of a total of 577.
The new Reichstag met and 107 Nazis marched into the session
dressed in brown shirts. Rowdy opposition at once developed,
intent on causing the fall of the Bruning Cabinet. Taking
advantage of the issues caused by the then prevailing
general economic distress, the Nazis sought a vote of non-
confidence
[Page 107]
With 107 members in the Reichstag, the Nazi propaganda
increased in violence. The obstruction by the Nazi deputies
of the Reichstag continued with the same pattern of conduct.
Repeatedly motions of non-confidence in Bruning and for
dissolution of the Reichstag were offered and were lost. And
after every failure the Nazi members stalked out of the
chamber anew.
By spring of 1932, Brunings' position became untenable and
the defendant von Papen was appointed Chancellor. The
Reichstag was dissolved and new elections held in which the
Nazis increased the number of their seats to 230 out of a
total of 608. The Nazi Party was becoming a strong party in
Germany, but it had failed to become the Majority Party. The
obstructive tactics of the Nazi deputies in the Reichstag
continued, and by the fall of 1932 von Papen's government
was no longer able to continue. President von Hindenburg
again dissolved the Reichstag, and in the new elections of
November the Nazi representation in the Reichstag actually
decreased to 196 seats. The short-lived von Schleicher
government then came into being - it was the 3rd December,
1932 - and by the end of January, 1933, it went out of
existence. With the support of the Nationalist Party under
Hugenberg and other political assistance, Hitler became
Chancellor of Germany by designation of von Hindenburg.
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(Part 6 of 8)
[MAJOR WALLIS continues]
"What we needed and still need are not a hundred or two
hundred reckless conspirators, but a hundred thousand
and a second hundred thousand fighters for our
philosophy of life."
In 1929 Hitler stated:
"We confess further that we will tear anyone to pieces
who would dare hinder us in this undertaking. Our
rights will be protected only when the German Reich is
again supported by the point of the German dagger."
Hitler, in 1934, in addressing the Party Congress at
Nuremburg, stated the duties of Party members in the
following terms:
"Only a part of the people will consist of really active
fighters. It is they who were fighters of the National
Socialist revolution. Of them, more is demanded than of the
millions among the rest of the population. For them it is
not sufficient to confess, 'I believe,' but to swear, 'I
fight.'"
In proof of the fact that the Party was committed to the use
of any means, whether or not legal or honourable, it is only
necessary to remind the Court that the Party virtually
opened its public career by staging a revolution-the Munich
Putsch of 1923.
"Only a member of the race can be a citizen. A member
of the race can only be one who is of German blood
without consideration of confession. Consequently, no
Jew can be a member of the race."
They outlined this master race doctrine as a new religion-
the faith of the blood - superseding in individual
allegiance all other religions and institutions. The
defendant Rosenberg and the defendant Streicher were
particularly prominent in disseminating this doctrine. Much
of the evidence to be offered in this case will illustrate
the Nazi conspirators' continued espousal and exploitation
of this master race doctrine.
1. Authoritarianism.
2. Totalitarianism. "Under the Commandments of the National Socialists:-
The Fuehrer is always right."
Also, there are no legal or political limits to the
authority of the Fuehrer. Whatevery [sic] authority is
wielded by others is derived from the authority of the
Fuehrer. Moreover, within the sphere of jurisdiction
allotted to him, each appointee of the Fuehrer manipulates
his power in equally unrestricted fashion, subordinate only
to the command of those above him. Each appointee owes
unconditional obedience to the Fuehrer and to the superior
Party leaders in the hierarchy.
"I pledge eternal allegiance to Adolf Hitler.
I pledge unconditional obedience to him and the
fuehrers appointed by him."
The Party Manual also provides that:
"The political leader is inseparably tied to the
ideology and the Organisation of the N.S.D.A.P. His
oath only ends with his death or with his expulsion
from the National Socialist Community."
As the defendant Hans Frank stated in one of his
publications:
"Leadership principle in the administration means: always to
replace decision by majority, by decision on the part of a
specific person with clear jurisdiction and with sole
responsibility to those above, and to entrust to his
authority the realisation of the decision to those below."
And finally the concept of Authoritarianism contained in the
"Fuehrerprinzip" implies: The authority-of the Fuehrer
extends into all spheres of public and private life.
The Party dominates the Armed Forces.
The Party dominates all individuals within the State.
The Party eliminates all institutions, groups and
individuals unwilling to accept the leadership of the
Fuehrer.
"Only those organisations can lay claim to the
institution of the leadership principle and to the
National Socialist meaning of the State and people in
the National Socialist meaning of the term, which . . .
have been integrated into, supervised and formed by the
Party and which, in the future, will continue to do
so."
The Manual goes on to state:
"All others which conduct an organisational life of
their own are to be rejected as outsiders and will
either have to adjust themselves or disappear from
public life."
Illustrations of the Fuehrerprinzip and its application to
the Party, the State and allied organisations are fully set
forth in the brief and accompanying documents, which will be offered in evidence.
"The question of restoration of German power is not a
question of how to fabricate arms, but a question of
how to create the spirit which makes a people capable
of bearing arms. If this spirit dominates a people, the
will finds a thousand ways to secure weapons."
Hitler's writings and public utterances are replete with
declarations rationalising the use of force and glorifying
war. The following is typical, when he said:-
"Always before God and the world, the stronger has the right
to carry through his will. History proves it! He who has no
might has no use for right."
As will be shown in subsequent proof, this doctrine of the
glorification of war played a major part in the education of
the German youth of the pre-war era.