The Nizkor Project: Remembering the Holocaust (Shoah)

Third Day: Thursday, 22st November, 1945
(Part 8 of 8)

[MAJOR WALLIS continues]

In addition to ruthlessly purging all political opponents, the Nazi conspirators further consolidated their position by promptly proceeding to eliminate all other political parties. On 21st March, 1933, the defendant Frick announced that the Communists would be prevented from taking part in the Reichstag proceedings. This was accomplished, as has been pointed out, by placing them in "protective custody in 21 concentration camps." On 26th May, 1933, a Reich Cabinet decree, signed by Hitler and the defendant Frick, provided for the confiscation of the

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Communist property. On 22nd June, 1933, the Social Democratic Party was suppressed in Prussia, it previously having been seriously weakened by placing a number of its members in concentration camps. On 7th July, 1933, a Reich decree eliminated Social Democrats from the Reichstag and from the governing bodies of the provinces and municipalities. On 14th July, 1933, by a decree of the Reich Cabinet, the property of the Social Democrats was confiscated, and the Nazi Party was constituted as the sole political party in Germany, and thereupon it became illegal to maintain or to form another political party. Thus, Hitler was able to say within hardly more than five months after becoming Chancellor, I quote,
"The Party has become the State."
The Nazi conspirators immediately proceeded to make that statement a recorded fact, for on 1st December, 1933, the Reich Cabinet issued a law for "Securing the Unity of Party and State". This law was signed by Hitler and the defendant Frick.

Article 1 provided that the Nazi Party "is the bearer of the concept of the State and is inseparably the State. It will be a part of the public law. Its organisation will be determined by the Fuehrer."

Article 2 provided: "The Deputy of the Fuehrer and the Chief of Staff of the S.A. will become members of the Reich Cabinet in order to insure close co-operation of the offices of the Party and S.A. with public authorities."

Article 3 provided: "The members of the National Socialist German Workers Party and the S.A. (including their subordinate organisations) as the leading and driving force of the National Socialist State will bear greater responsibility toward Fuehrer, People and State."

(A recess was taken.)

COLONEL STORY: During the recess defendants' counsel and the prosecution arrived at an agreement for the furnishing of briefs to the defendants, which I understand to be this:

Copies of the documents offered in evidence in German will be delivered in the defendants' information centre, with the understanding that if any defence counsel needs to show the German photostatic copy to his client he may do so in the defendants' counsel room adjacent thereto; that the briefs which we are passing to the Tribunal as an aid will likewise be passed to defendants' counsel in English, and that if any of them have trouble in the translation of any portion of the briefs we have German-speaking officers in defendants' information centre who will assist counsel. I understand that all of these defendants' counsel have so agreed.

THE PRESIDENT: Thank you. Now, Major Wallis.

MAJOR WALLIS: May it please the Court, at the moment of recess I was referring to the law which was passed on 1st December, 1933, for securing the unity of Party and State.

Article 6 of that law provided: "The public authorities have to grant legal and administrative assistance to the officers of the Party and the S.A. which are entrusted with the execution of the jurisdiction of the Party and S.A."

Article 8 provided: "The Reich Chancellor as Fuehrer of the National Socialistic German Workers Party and, as the supreme commander of the S.A., will issue the regulations necessary for the execution and augmentation of this law, particularly with respect to the organisation and procedure of the jurisdiction of the Party and S.A." Thus by this law the Nazi Party became a paragovernmental Organisation in Germany.

The further merger of the Party and State occurred on the death of Hindenburg. Instead of holding an election to fill the office of President, the merger of the offices of President and Chancellor, in the person of Hitler, was accomplished by the law of ist August, 1934, signed by the entire Reich Cabinet. One of the significant consequences of this law was to give to Hitler the supreme command of the German Armed Forces, always a prerequisite of the presidency, and every

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soldier was immediately required to take an oath of loyalty and unconditional obedience to Hitler. On 4th February, 1938, Hitler issued a decree which stated in part (and I quote from document 1915-P2), which will be offered in the document book at the close of my remarks) as follows: "From now on, I take over directly the command of the whole Armed Forces."

As a further step in the consolidation of their political control, the Nazi conspirators reduced national elections to mere formalities devoid of the element of freedom of choice. Elections, properly speaking, could not take place under the Nazi system. In the first place, the basic doctrine of the Fuehrerprinzip dictated that all subordinates must be appointed by their superiors in the government hierarchy. Although it had already become the practice, in 1938 it was specifically provided by law that only one list of candidates was to be submitted to the people. By the end of this pre-war period little of substance remained in the election law. The majority of the substantive provisions had become obsolete.

By a series of laws and decrees the Nazi conspirators reduced the powers of regional and local governments and substantially transformed them into territorial subdivisions of the Reich Government. With the abolition of representative assemblies and elective officials in the Lander, and the municipalities, regional and local elections ceased to exist. On 31st January, 1934, the last vestiges of Land independence was destroyed by the Law for the Reconstruction of the Reich. The defendant Frick, Minister of the Interior throughout this period, has written of this Law for the Reconstruction of the Reich as follows:

"The reconstruction law abolished the sovereign rights and executive powers of the Lander and made the Reich the sole bearer of the rights of sovereignty. The supreme powers of the Lander do not exist any longer. The natural result of this was the subordination of the Land government to the Reich Government and the Land ministers to the corresponding Reich ministers. On 30th January, 1934, the German Reich becomes one State."
Another step taken by the Nazi conspirators in consolidating their political power was the purge of civil servants on racial and political grounds and their replacement by Party members and supporters. This purge was accomplished through a series of Nazi laws and decrees. The first was on 7th April, 1933, entitled " Law for the Restoration of the Professional Civil Service." Article 3 of the law applied the Nazi blood and master race theories in providing that officials who were not of Aryan descent were to be retired. The political purge provision of the law is contained in Article 4 and I quote:
"Officials who, because of their previous political activities, do not offer security that they will assert themselves for the National State without reservations may be dismissed."
The effect of this law and the decrees and regulations issued thereunder was to fill every responsible position in the government with a Nazi and to prevent the appointment of any applicant opposed, or suspected of being opposed, to the Nazi programme and policy.

Even the judiciary did not escape the purge of the Nazi conspirators.

All judges who failed to fulfil the racial and political requirements of the conspirators were quickly removed. In addition, the Nazis set up a new system of special criminal courts independent of the regular judiciary and directly subservient to the Party programme.

Moreover, the Nazis controlled all judges through special directives and orders from the central government, their aim being, as expressed by one Garland, one of the leading Nazi lawyers of that time, "to make the word 'terrorisation' in the penal law respectable again."

As their control was consolidated, the conspirators greatly enlarged existing State and Party organisations and established an elaborate network of new

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formations and agencies. The Party spread octopus-like throughout all of Germany. This process of growth was summed up late in 1937 in an official statement of the Party Chancellery, as follows:-
"In order to control the whole German nation in all spheres of life - and I repeat, 'in order to control the whole German nation in all spheres of life'- the N.S.D.A.P., after assuming power, set up under its leadership the new Party formations and affiliated organisations."
At this point I would like to offer to the court the document book which contains the laws and conditions which I have referred to in this part of my presentation together with the briefs covering this part of it.

I would like to direct the Tribunal's attention to some case histories in the consolidation of control by the conspirators.

The first case history in the consolidation of the Nazi conspirators' control of Germany is the destruction of the free trade unions and the obtaining of control over the productive labour capacity of the German nation.

The position of organised labour in Germany, at the time of the Nazi seizure of power, the obstacles they afforded to the Nazi plans, the speed with which they were destroyed, the terror and maltreatment ranging from assault to murder of union leaders, were fully outlined in the opening address of the Chief Prosecutor of the United States, and are fully set forth in the document book - which I will present to the Court on this phase of the case.

The result achieved by the Nazi conspirators is best expressed in the words of Robert Ley. Ley's confidence in the Nazis' effective control over the productive labour capacity of Germany in peace or in war was declared as early as 1936 to the Nuremberg Party Congress. I refer to document 2283-PS which is included in the document book which will be presented on this phase of the case. He stated:-

"The idea of the factory troops is making good progress in the plants, and I am able to report to you, my Fuehrer, that security and peace in the factories has been guaranteed, not only in normal times, but also in times of the most serious crisis. Disturbances, such as the munitions strikes of the traitor Ebert and confederates, are out of the question. National Socialism has conquered the factories. Factory troops are the National Socialist shock troops within the factory, and their motto is "The Fuehrer is always right."
At this time I would like to offer to the Court the document on this phase of the case, namely, "The destruction of Labour unions and the gaining of control of all productive labour in Germany" together with the brief on that subject. At the same time, if it pleases the Court, I would like to offer the document book concerning the consolidation of control with respect to the utilisation and moulding of political machinery, which is, in law, a decree which I referred to just prior to my discussion of the destruction of labour unions.

I would now direct your attention to the second case history in the consolidation of control.

The Nazi conspirators early realised that the influence of the Christian churches in Germany was an obstacle to their complete domination of the German people and contra to their master race dogma. As the defendant Martin Bormann stated in a secret decree of the Party Chancellery, signed by him and distributed to all Gauleiters on 7th June, 1941 - it is identified as document D-75 and will be included in the document book which will be presented to the Court - he stated as follows:-

"More and more must the people be separated from the churches and their organisations and pastors.. Not until this has happened does the State leadership have influence on the individual citizens."
Accordingly, the Nazi conspirators, seeking to subvert the influence of the

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churches over the people of Germany proceeded to attempt to eliminate these churches.
1. By promoting beliefs and practices incompatible with Christian teachings.
2. By persecuting priests, clergy and members of monastic orders. This persecution, as the documentary evidence will show, ran the gauntlet of insults and indignities, physical assault, confinement and concentration camps and murder.
3. By the confiscation of church properties.
4. By suppressing religious publications.
5. By the suppression of religious organisations.
Moreover, they also suppressed religious education. This is illustrated by the secret decree of the Party Chancellery which I just referred to in document D-75, when the defendant Bormann stated:-
"No human being would know anything of Christianity if it had not been drilled into him in his childhood by his 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."
At a subsequent stage in these proceedings, additional documentary evidence of the acts of the conspirators in their attempt to subvert the influence of the Christian churches will be offered. At this time I offer the document book in support of this phase of the case together with the accompanying brief.

We now come to what might be called the third case history, the persecution of the Jews. The Nazi conspirators adopted and publicised a programme of ruthless persecution of Jews.

It is not our purpose at this time to present to the Court a full and complete story, in all its sickening details, of the Nazi conspirators' plans and acts for the elimination and liquidation of the Jewish population of Europe. This will be done in due course, at a subsequent stage of these proceedings, but it is our purpose at this time to bring before you, as one of the elements in the Nazi scheme for the consolidation of their control of Germany, the action which was planned and taken with respect to the Jews within Germany during the pre-war period.

As a means of implementing their master race policy and as a means of rallying otherwise discordant elements behind the Nazi banner, the conspirators adopted and publicised a programme of relentless persecution of Jews. This programme was contained in the official, unalterable twenty-five points of the Nazi Party, of which six were devoted to the master race doctrine. The defendants Goering, Hess, Rosenberg, Frank, Frick, Streicher, Funk, Schirach, Bormann and others, all took prominent parts in publicising this programme. Upon the Nazis' coming into power, this Party programme became the official State programme. The first organised act was the boycott of Jewish enterprises on the 1st April, 1933. The defendant Streicher, in a signed statement, admits that he was in charge of this programme only for one day. We, of course, reserve the right to show additional evidence with respect to that fact. The Nazi conspirators then embarked upon a legislative programme which was gradual and which dates from 7th April, 1933 until September, 1935. During this period a series of laws was passed removing the Jews from civil service, from the professions and from the schools and military service. It was clear, however, that the Nazi conspirators had a far more ambitious programme for the Jewish problem and only put off its realisation for reasons of expediency. After the usual propaganda barrage, in which the speeches and writings of the defendant Streicher were most prominent, the Nazi conspirators initiated the second period of anti-Jewish legislation, namely, from 15th September, 1935 to September,1938. In this period the famous Nuremberg laws were passed,

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depriving the Jews of their rights as citizens, forbidding them to marry Aryans and eliminating them from additional professions. In the autumn of 1938, the Nazi conspirators began to put into effect a programme of complete elimination of the Jews from German life. The measures taken were partly presented as a 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 extensive violence, an allegedly spontaneous pogrom was staged and carried out all over Germany (see 374- PS). The legislative measures which followed were discussed and approved in their final form at a meeting on 12th November, 1938, under the chairmanship of the defendant Goering, with the participation of the defendants Frick and Funk and others. I refer to document 516-PS, which will appear in the document book. The meeting was called following Hitler's orders "requesting that the Jewish question be now, once and for all, co-ordinated and solved one way or the other." The participants agreed on measures to be taken for the elimination of the Jew from German economy. The laws issued in this period were signed mostly by the defendant Goering in his capacity as Deputy of the Four-Year Plan, and were thus strictly connected with the consolidation of control of the German economy and preparation for aggressive war. These laws obliged all German Jews to pay a collective fine of one billion Reichsmarks; barred the Jews from trades and crafts; limited movement of Jews to certain localities and hours; limited the time for the sale or liquidation of Jewish enterprises; forced Jews to deposit shares and securities held by them; forbade the sale or acquisition of gold or precious stones by a Jew; granted landlords the right to give notice to Jewish tenants before legal expiration of the leases, and forced all Jews over six years of age to wear the Star of David. In the final period of the anti-Jewish crusade of the Nazi conspirators within Germany, very few legislative measures were passed. The Jews were just delivered to the S.S., Gestapo and the various extermination staffs. The last law dealing with Jews in Germany put them entirely outside the law and ordered the confiscation by the State of the property of dead Jews. This law was a weak reflection of a factual situation already in existence. As Dr. Stuckart, assistant to the defendant Frick, stated at the 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 essentially prepared for the final solution. Many regulations will lose their practical importance as Germany approaches the achievement of the final goal on the Jewish problem."
Hitler, on 30th January, 1939, in a speech before the Reichstag, made the following prophecy:-
"The result (of a war) will be the annihilation of the Jewish race in Europe."
I will leave to others in this case the task of presenting to the Court the evidence as to how well that prophecy was fulfilled.

I would now offer to the Court the document book, which contains the laws referred to, with respect to the persecution of the Jews, and the brief outlining that subject.

THE PRESIDENT: The Tribunal will now adjourn until 10 o'clock to-morrow morning.

(The Tribunal adjourned until 23rd November at 1000 hours.)

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