3. AGGRESSION AGAINST AUSTRIA

“1. The enclosed directive gives the basis for preparation of the armed forces in the case of sanctions being applied against Germany.“2. I request the chiefs of the Army and Navy High Command and the Reichsminister for Air to carry out the preparations in accordance with the following points:“(a) Strictest secrecy. It is of the utmost importance that no facts become known to the outside world from which preparation for resistance against sanctions can be inferred or which is incompatible with Germany’s existing obligations in the sphere of foreign policy regarding the demilitarized zone. If necessary, the preparations must take second place to this necessity.” (C-140)

“1. The enclosed directive gives the basis for preparation of the armed forces in the case of sanctions being applied against Germany.

“2. I request the chiefs of the Army and Navy High Command and the Reichsminister for Air to carry out the preparations in accordance with the following points:

“(a) Strictest secrecy. It is of the utmost importance that no facts become known to the outside world from which preparation for resistance against sanctions can be inferred or which is incompatible with Germany’s existing obligations in the sphere of foreign policy regarding the demilitarized zone. If necessary, the preparations must take second place to this necessity.” (C-140)

One of the immediate consequences of this action was that following the withdrawal from the League of Nations, Germany’s armament program was still further increased. As it was ordered on 12 May, 1934:

“5. Owing to the speed of military political development since Germany quitted Geneva and based on the progress of the army, the new A-Plan will only be drawn up for a period of two years. The third A phase lasts accordingly from 1.4.34 to 31.3.36.” (C-153)

“5. Owing to the speed of military political development since Germany quitted Geneva and based on the progress of the army, the new A-Plan will only be drawn up for a period of two years. The third A phase lasts accordingly from 1.4.34 to 31.3.36.” (C-153)

On 10 March 1935, Goering announced that Germany was building a military air force. At page 1830 ofDas Archivit is stated:

“The Reich Minister for Aviation, General of the Airmen, Goering, in his talk with the special correspondent of the Daily Mail, Ward Price, expressed himself on the subject of the German Air Force.“General Goering said:“In the extension of our national defense [Sicherheit], it was necessary, as we repeatedly told the world, to take care of defense in the air. As far as that is concerned, I restricted myself to those measures absolutely necessary. The guiding line of my actions was, not the creation of an aggressive force which would threaten other nations, but merely thecompletion of a military aviation which would be strong enough to repel, at any time, attacks on Germany.”*            *            *            *            *            *“In conclusion, the correspondent asked whether the German Air Force will be capable of repelling attacks on Germany. General Goering replied to that exactly as follows:“The German Air Force is just as passionately permeated with the will to defend the Fatherland to the last as it is convinced, on the other hand, that it will never be employed to threaten the peace of other nations.” (2292-PS)

“The Reich Minister for Aviation, General of the Airmen, Goering, in his talk with the special correspondent of the Daily Mail, Ward Price, expressed himself on the subject of the German Air Force.

“General Goering said:

“In the extension of our national defense [Sicherheit], it was necessary, as we repeatedly told the world, to take care of defense in the air. As far as that is concerned, I restricted myself to those measures absolutely necessary. The guiding line of my actions was, not the creation of an aggressive force which would threaten other nations, but merely thecompletion of a military aviation which would be strong enough to repel, at any time, attacks on Germany.”

*            *            *            *            *            *

“In conclusion, the correspondent asked whether the German Air Force will be capable of repelling attacks on Germany. General Goering replied to that exactly as follows:

“The German Air Force is just as passionately permeated with the will to defend the Fatherland to the last as it is convinced, on the other hand, that it will never be employed to threaten the peace of other nations.” (2292-PS)

Since they had gone as far as they could on rearmament and the secret training of personnel, the next step necessary to the conspirators’ program for aggressive war was a large-scale increase in military strength. This could no longer be done under disguise and camouflage, and would have to be known to the world. Accordingly, on 16 March 1935, there was promulgated a law for universal military service, in violation of Article 173 of the Versailles Treaty. That law appeared in theReichsgesetzblatt, Title I, Vol. I, 1935, page 369. The text of the law itself provides:

“In this spirit the German Reich Cabinet has today passed the following law:“Law for the Organization of the Armed Forces of March 16, 1935.“The Reich Cabinet has passed the following law which is herewith promulgated:“Section 1.“Service in the Armed Forces is based upon compulsory military duty.“Section 2.“In peace time, the German Army, including the police troops transferred to it, is organized into: 12 Corps and 36 Divisions.“Section 3.“The Reich Minister of War is charged with the duty of submitting immediately to the Reich Ministry detailed laws on compulsory military duty.” (1654-PS)

“In this spirit the German Reich Cabinet has today passed the following law:

“Law for the Organization of the Armed Forces of March 16, 1935.

“The Reich Cabinet has passed the following law which is herewith promulgated:

“Section 1.

“Service in the Armed Forces is based upon compulsory military duty.

“Section 2.

“In peace time, the German Army, including the police troops transferred to it, is organized into: 12 Corps and 36 Divisions.

“Section 3.

“The Reich Minister of War is charged with the duty of submitting immediately to the Reich Ministry detailed laws on compulsory military duty.” (1654-PS)

The law is signed first by the Fuehrer and Reich Chancellor Adolf Hitler, and then by many other officials, including von Neurath, Frick, Schacht, Goering, Hess, and Frank. (1654-PS)

F.Assurances.

As a part of their program to weaken resistance in other states, the Nazis followed a policy of making false assurances, therebytending to create confusion and a false sense of security. Thus, on 21 May 1935, the same date on which Germany renounced the armament provisions of the Versailles Treaty, Hitler announced the intent of the German Government to respect the territorial limitations of the Versailles and Locarno Treaties. In his speech in the Reichstag on that date Hitler stated:

“Therefore, the Government of the German Reich shall absolutely respect all other articles pertaining to the cooperation [zusammenleben] of the various nations including territorial agreements; revisions which will be unavoidable as time goes by it will carry out by way of a friendly understanding only.“The Government of the German Reich has the intention not to sign any treaty which it believes not to be able to fulfill. However, it will live up to every treaty signed voluntarily even if it was composed before this government took over. Therefore, it will in particular adhere to all the allegations under the Locarno Pact as long as the other partners of the pact also adhere to it.” (2288-PS)

“Therefore, the Government of the German Reich shall absolutely respect all other articles pertaining to the cooperation [zusammenleben] of the various nations including territorial agreements; revisions which will be unavoidable as time goes by it will carry out by way of a friendly understanding only.

“The Government of the German Reich has the intention not to sign any treaty which it believes not to be able to fulfill. However, it will live up to every treaty signed voluntarily even if it was composed before this government took over. Therefore, it will in particular adhere to all the allegations under the Locarno Pact as long as the other partners of the pact also adhere to it.” (2288-PS)

For convenient reference, the territorial limitations in the Locarno and Versailles Treaties, include the following:

Article 1 of the Rhine Pact of Locarno, 16 October 1925, provides:

“The High Contracting parties, collectively and severally, guarantee, in the manner provided in the following Articles: the maintenance of the territorial status quo, resulting from the frontiers between Germany and Belgium and between Germany and France and the inviolability of the said frontiers, as fixed by, or in pursuance of the Treaty of Peace, signed at Versailles, on June 28, 1919, and also the observance of the stipulation of Articles 42 and 43 of the said Treaty, concerning the demilitarized zone.”

“The High Contracting parties, collectively and severally, guarantee, in the manner provided in the following Articles: the maintenance of the territorial status quo, resulting from the frontiers between Germany and Belgium and between Germany and France and the inviolability of the said frontiers, as fixed by, or in pursuance of the Treaty of Peace, signed at Versailles, on June 28, 1919, and also the observance of the stipulation of Articles 42 and 43 of the said Treaty, concerning the demilitarized zone.”

That has reference, of course, to the demilitarized zone of the Rhineland.

Article 42 of the Versailles Treaty, 28 June 1919, provides:

“Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right bank, to the west of the line drawn 50 kilometers to the east of the Rhine.”

“Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right bank, to the west of the line drawn 50 kilometers to the east of the Rhine.”

Article 43 provides:

“In the area defined above, the maintenance and the assembly of armed forces, either permanently or temporarily and military maneuvers of any kind, as well as the upkeep of allpermanent works for mobilization, are in the same way forbidden.”

“In the area defined above, the maintenance and the assembly of armed forces, either permanently or temporarily and military maneuvers of any kind, as well as the upkeep of allpermanent works for mobilization, are in the same way forbidden.”

G.Reoccupation of the Rhineland.

The demilitarized zone of the Rhineland was a sore spot with the Nazis ever since its establishment after World War I. Not only was this a blow to their increasing pride, but it was a bar to any effective strong position which Germany might want to take on any vital issues. In the event of any sanctions against Germany, in the form of military action, the French and other powers would get well into Germany east of the Rhine, before any German resistance could even be put up. Therefore, any German plans to threaten or breach international obligations, or for any kind of aggression, required the preliminary reoccupation and refortification of this open Rhineland territory. Plans and preparations for the reoccupation of the Rhineland started very early.

A document apparently signed in the handwriting of von Blomberg, deals with what is called “OperationSchulung”, meaning schooling or training (C-139). It is dated 2 May 1935 and refers to prior staff discussions on the subject. It is addressed to the Chief of the Army Command, who at that time was Fritsch; the Chief of the Navy High Command (Raeder); and the Reich Minister for Air (Goering). The document does not use the name “Rhineland” and does not, in terms, refer to it. It seems clear, however, that it was a plan for the military reoccupation of the Rhineland, in violation of the Treaty of Versailles and the Rhine Pact of Locarno. The first part, headed “Secret Document,” provides:

“For the operation, suggested in the last staff talks of the Armed Forces, I lay down theCode name Schulung[training].“The supreme direction of the operation ‘Schulung’ rests with the Reich Minister of Defense as this is a joint undertaking of the three services.“Preparations for the operation will begin forthwith according to the following directives:“1. General.“1. The operation must, on issue of the code word ‘Carry outSchulung,’ be executed by a surprise blow at lightning speed.Strictestsecrecy is necessary in the preparations and only the very smallest number of officers should be informed and employed in the drafting of reports, drawings, etc., and these officers only in person.“2. There is no time for mobilization of the forces taking part. These will be employed in their peace-time strength and with their peace-time equipment.“3. The preparation for the operation will be made without regard to the present inadequate state of our armaments. Every improvement of the state of our armaments will make possible a greater measure of preparedness and thus result in better prospects of success.” (C-139)

“For the operation, suggested in the last staff talks of the Armed Forces, I lay down theCode name Schulung[training].

“The supreme direction of the operation ‘Schulung’ rests with the Reich Minister of Defense as this is a joint undertaking of the three services.

“Preparations for the operation will begin forthwith according to the following directives:

“1. General.

“1. The operation must, on issue of the code word ‘Carry outSchulung,’ be executed by a surprise blow at lightning speed.Strictestsecrecy is necessary in the preparations and only the very smallest number of officers should be informed and employed in the drafting of reports, drawings, etc., and these officers only in person.

“2. There is no time for mobilization of the forces taking part. These will be employed in their peace-time strength and with their peace-time equipment.

“3. The preparation for the operation will be made without regard to the present inadequate state of our armaments. Every improvement of the state of our armaments will make possible a greater measure of preparedness and thus result in better prospects of success.” (C-139)

The rest of the order deals with military details. There are certain points in this order which are inconsistent with any theory that it was merely a training order, or that it might have been defensive in nature. The operation was to be carried out as a surprise blow at lightning speed. The air forces were to provide support for the attack. There was to be reinforcement by the East Prussian division. Furthermore, since this order is dated 2 May 1935, which is about 6 weeks after the promulgation of the Conscription Law of 16 March 1935, it could hardly have been planned as a defensive measure against any expected sanctions which might have been applied by reason of the passage of the Conscription Law.

The actual reoccupation of the Rhineland did not take place until 7 March, 1936, and this early plan (C-139) necessarily underwent revision to suit changed conditions and specific objectives. That the details of this particular plan were not ultimately the ones that were carried out in reoccupying the Rhineland does not detract from the fact that as early as 2 May 1935, the Germans had already planned that operation, not merely as a staff plan but as a definite operation. It was evidently not on their timetable to carry out the operation so soon, if it could be avoided. But they were prepared to do so if necessary.

It is significant to note the date of this order is the same as the date of the signing of the Franco-Russian Pact, which the Nazis later asserted as their excuse for the Rhineland reoccupation.

The military orders on the basis of which the Rhineland reoccupation was actually carried into execution on 7 March 1936, were issued on 2 March 1936 by the War Minister and Commander-in-Chief of the Armed Forces, von Blomberg. They were addressed to the Commander-in-Chief of the Army (Fritsch), the Commander-in-Chief of the Navy (Raeder), and the Air Minister and C-in-C of the Air Force (Goering) (C-159). That order, classified “Top Secret”, in the original bears Raeder’s initial in green pencil, with a red pencil note, “To be submitted to the C-in-C of the Navy”.

The first part of the Order reads:

“Supreme Command of the Navy:“1. The Fuehrer and Reich Chancellor has made the following decision:“By reason of the Franco-Russian alliance, the obligations accepted by Germany in the Locarno Treaty, as far as they apply to Articles 42 and 43 of the Treaty of Versailles, which referred to the demilitarized zone, are to be regarded as obsolete.“2. Sections of the army and air force will therefore be transferred simultaneously in a surprise move to garrisons of the demilitarized zone. In this connection, I issue the following orders: * * *” (C-159)

“Supreme Command of the Navy:

“1. The Fuehrer and Reich Chancellor has made the following decision:

“By reason of the Franco-Russian alliance, the obligations accepted by Germany in the Locarno Treaty, as far as they apply to Articles 42 and 43 of the Treaty of Versailles, which referred to the demilitarized zone, are to be regarded as obsolete.

“2. Sections of the army and air force will therefore be transferred simultaneously in a surprise move to garrisons of the demilitarized zone. In this connection, I issue the following orders: * * *” (C-159)

There follow detailed orders for the military operation.

The order for Naval cooperation was issued on 6 March 1936, in the form of an order on behalf of the Reich Minister for War, von Blomberg, signed by Keitel, and addressed to the Commander-in-Chief of the Navy (Raeder) (C-194). The order set out detailed instructions for the Commander-in-Chief of the Fleet and the admirals commanding the Baltic and North Sea. The short covering letter is as follows:

“To: C-in-C Navy:“The Minister has decided the following after the meeting:“1. The inconspicuous air reconnaissance in the German bay, not over the line Texel-Doggerbank, from midday on Z-Day onward, has been approved. C-in-C air force will instruct the air command VI from midday 7 March to hold in readiness single reconnaissance aircraft to be at the disposal of the C-in-C fleet.“2. The Minister will reserve the decision to set up a U-Boat reconnaissance on line, until the evening of 7 March. The immediate transfer of U-Boats from Kiel to Wilhelmshaven has been approved.“3. The proposed advance measures for the most part exceed Degree of Emergency A and therefore are out of the question as the first counter-measures to be taken against military preparations of neighboring states. It is far more essential to examine the advance measures included in Degree of Emergency A, to see whether one or other of the especially conspicuous measures could not be omitted.” (C-194)

“To: C-in-C Navy:

“The Minister has decided the following after the meeting:

“1. The inconspicuous air reconnaissance in the German bay, not over the line Texel-Doggerbank, from midday on Z-Day onward, has been approved. C-in-C air force will instruct the air command VI from midday 7 March to hold in readiness single reconnaissance aircraft to be at the disposal of the C-in-C fleet.

“2. The Minister will reserve the decision to set up a U-Boat reconnaissance on line, until the evening of 7 March. The immediate transfer of U-Boats from Kiel to Wilhelmshaven has been approved.

“3. The proposed advance measures for the most part exceed Degree of Emergency A and therefore are out of the question as the first counter-measures to be taken against military preparations of neighboring states. It is far more essential to examine the advance measures included in Degree of Emergency A, to see whether one or other of the especially conspicuous measures could not be omitted.” (C-194)

The reoccupation and fortification of the Rhineland was carried out on 7 March 1936. For the historical emphasis of this occasion, Hitler made a momentous speech on the same day, in which he declared:

“Men of the German Reichstag! France has replied to the repeated friendly offers and peaceful assurances made by Germany by infringing the Reich pact through a military alliance with the Soviet Union exclusively directed against Germany. In this manner, however, the Locarno Rhine Pact has lost its inner meaning and ceased in practice to exist. Consequently, Germany regards herself, for her part, as no longer bound by this dissolved treaty. The German government are now constrained to face the new situation created by this alliance, a situation which is rendered more acute by the fact that the Franco-Soviet treaty has been supplemented by a Treaty of Alliance between Czechoslovakia and the Soviet Union exactly parallel in form. In accordance with the fundamental right of a nation to secure its frontiers and ensure its possibilities of defense, the German government have today restored the full and unrestricted sovereignty of Germany in the demilitarized zone of the Rhineland.” (2289-PS)

“Men of the German Reichstag! France has replied to the repeated friendly offers and peaceful assurances made by Germany by infringing the Reich pact through a military alliance with the Soviet Union exclusively directed against Germany. In this manner, however, the Locarno Rhine Pact has lost its inner meaning and ceased in practice to exist. Consequently, Germany regards herself, for her part, as no longer bound by this dissolved treaty. The German government are now constrained to face the new situation created by this alliance, a situation which is rendered more acute by the fact that the Franco-Soviet treaty has been supplemented by a Treaty of Alliance between Czechoslovakia and the Soviet Union exactly parallel in form. In accordance with the fundamental right of a nation to secure its frontiers and ensure its possibilities of defense, the German government have today restored the full and unrestricted sovereignty of Germany in the demilitarized zone of the Rhineland.” (2289-PS)

The German reoccupation of the demilitarized zone of the Rhineland caused extensive international repercussions. As a result of the protests lodged with the League of Nations, the Council of the League made an investigation and announced the following finding, which is published in the League of Nations monthly summary, March, 1936, Volume 16, Page 78. [It is also quoted in theAmerican Journal of International Law, page 487 (1936)]:

“That the German government has committed a breach of Article 43 of the Treaty of Versailles, by causing on March 7, 1936, military forces to enter and establish themselves in the demilitarized zone, referred to in Article 42 and the following articles of that Treaty, and in the Treaty of Locarno. At the same time, on March 7, 1936, the Germans reoccupied the Rhineland in flagrant violation of the Versailles and Locarno Treaties. They again tried to allay the fears of other European powers and lead them into a false sense of security by announcing to the world ‘we have no territorial demands to make in Europe.’ ”

“That the German government has committed a breach of Article 43 of the Treaty of Versailles, by causing on March 7, 1936, military forces to enter and establish themselves in the demilitarized zone, referred to in Article 42 and the following articles of that Treaty, and in the Treaty of Locarno. At the same time, on March 7, 1936, the Germans reoccupied the Rhineland in flagrant violation of the Versailles and Locarno Treaties. They again tried to allay the fears of other European powers and lead them into a false sense of security by announcing to the world ‘we have no territorial demands to make in Europe.’ ”

The last phrase occurred in Hitler’s speech on 7 March 1936:

“We have no territorial claims to make in Europe. We know above all that all the tensions resulting either from false territorial settlements or from the disproportion of the numbers of inhabitants to their living space cannot, in Europe, be solved by war.” (2289-PS)

“We have no territorial claims to make in Europe. We know above all that all the tensions resulting either from false territorial settlements or from the disproportion of the numbers of inhabitants to their living space cannot, in Europe, be solved by war.” (2289-PS)

The existence of prior plans and preparations for the reoccupationand fortification of the Rhineland is indisputable. The method and sequence of these plans and their accomplishments are clearly indicative of the increasingly aggressive character of the Nazi objectives, international obligations and considerations of humanity notwithstanding.

The Nazi conspirators were determined, as these documents have shown, to use whatever means were necessary to abrogate and overthrow the Treaty of Versailles and its restrictions upon the military armament and activity of Germany. In this process, they conspired and engaged in secret armament and training, the secret production of munitions of war, and they built up an air force. They withdrew from the International Disarmament Conference and the League of Nations on 14 October 1933. They instituted universal military service on 16 March 1935. On 21 May 1935 they falsely announced that they would respect the territorial limitations of Versailles and Locarno. On March 7 1936 they reoccupied and fortified the Rhineland and at the same time, falsely announced that they had no territorial demands in Europe.

The accomplishment of all these objectives, particularly the repudiation of the Versailles Treaty restrictions, opened the gates for the numerous aggressions which were to follow.

A.The Events Leading up to the Autumn of 1937 and the Strategic Position of the National Socialists in Austria.

(1)The National Socialist Aim of Absorption of Austria.In order to understand more clearly how the Nazi conspirators proceeded after the meeting in the Reichschancellery on 5 November 1937, at which Hitler laid plans for the conquest of Austria and Czechoslovakia (386-PS), it is advisable to review the steps which had already been taken in Austria by the National Socialists of both Germany and Austria. The position which the Nazis had reached by the Fall of 1937 made it possible for them to complete their absorption of Austria much sooner and with less cost than was contemplated in this meeting.

The acquisition of Austria had long been a central aim of the German National Socialists. On the first page ofMein Kampf, Hitler had written, “German-Austria must return to the great German mother-land.” He continued by stating that this purpose, of having common blood in a common Reich, could not be satisfiedby a mere economic union. This aim was regarded as a serious program which the Nazis were determined to carry out.

This fact is borne out by an affidavit executed in Mexico City on 28 August 1945 by George S. Messersmith, United States Ambassador in Mexico City (1760-PS). Mr. Messersmith was Consul General of the United States of America in Berlin from 1930 to the late Spring of 1934. He was then made American Minister in Vienna, where he stayed until 1937. In this affidavit he states that the nature of his work brought him into frequent contact with German Government officials, many of whom were, on most occasions, amazingly frank in their conversations, and made no concealment of their aims.

In particular, Mr. Messersmith states that he had contact with the following twenty governmental officials, among others: Hermann Goering, General Milch, Hjalmar Schacht, Hans Frank, Wilhelm Frick, Count Schwerin von Krosigk, Josef Goebbels, Richard Walter Darré, Robert Ley, Hans Heinrich Lammers, Otto Meissner, Franz von Papen, Walter Funk, General Wilhelm Keitel, Admiral Erich von Raeder, Admiral Karl Doenitz, Dr. Behle, Dr. Stuckart, Gustav Krupp von Bohlen, and Dr. Davidson. Mr. Messersmith further states that in addition to this contact with officials of the Government he maintained contact with individuals in all parties in Germany in order to keep himself and the Government informed of political developments in Germany.

With regard to the Austrian matter, he states that from the very beginning of the Nazi Party he was told by both high and secondary government officials in Germany that incorporation of Austria into Germany was both a political and economic necessity and that this incorporation was going to be accomplished “by whatever means were necessary.” He further states:

“I can assert that it was fully understood by everyone in Germany who had any knowledge whatever of what was going on that Hitler, and the Nazi Government were irrevocably committed to this end and the only doubt which ever existed in conversations or statements to me was ‘how’ and ‘when.’ ” (1760-PS).

“I can assert that it was fully understood by everyone in Germany who had any knowledge whatever of what was going on that Hitler, and the Nazi Government were irrevocably committed to this end and the only doubt which ever existed in conversations or statements to me was ‘how’ and ‘when.’ ” (1760-PS).

As Mr. Messersmith relates, at the beginning of the Nazi regime in 1933 Germany was too weak to make open threats of force against any country. It developed a policy of securing its aims in Austria in the same manner as in Germany—by obtaining a foothold in the Cabinet, particularly in the Ministry of Interior which controls the police, and quickly eliminating the opposition elements. Mr. Messersmith states that throughout his stay in Austria he was told on any number of occasions by high officialsof the Austrian Government, including Chancellor Dollfuss, Chancellor Schuschnigg, and President Miklas, that the German Government kept up constant pressure upon the Austrian Government to appoint ministers with Nazi orientation.

(2)Pressure Used, Including Terror and Intimidation, Culminating in the Unsuccessful Putsch of 25 July 1934.To achieve their end the Nazis used various pressures. They used economic pressure. The law of 24 March 1933 imposed a prohibitive 1,000 reichsmark penalty on trips to Austria, thus bringing hardship to Austria, which relied heavily on its tourist trade (Reichsgesetzblatt1933, I, 311). The Nazis used propaganda. And they used terroristic acts, primarily bombings.

Mr. Messersmith’s affidavit (1760-PS) goes into some detail with respect to these means. Although they were committed by National Socialists in Austria, high Nazi officials in Germany admitted to Mr. Messersmith that they were instigating and directing these waves of terror in Austria. They made no effort to conceal their use of terror, which they justified on the ground that terror was a necessary instrument to impose the will of the party not only in Germany but in other countries. Mr. Messersmith recalls specifically that General Milch of the Air Force stated that the terrorism in Austria was being directed by the Nazi Party in Berlin.

Mr. Messersmith points out that all these outrages were a common occurrence. They had peaks and distinct periods, one in mid-1933 and another in early 1934. He points out that the wave of outrages in May and June 1934 diminished markedly for a few days during the meeting of Hitler and Mussolini in Venice, in mid-June 1934. (At that time Mussolini was strongly supporting the Austrian Government and interested in its independence.) Mr. Messersmith’s affidavit quotes extensively from dispatches sent from the American Legation in Vienna to the State Department during this period. These dispatches indicate that the terror was often directed at Catholic Churches and institutions, and at railways and tourist centers.

Mr. Messersmith also recalls that in addition, the Nazis maintained a threat of violent action against Austria through the “Austrian Legion.” This was a para-military force of several thousand men, armed by the Nazis in Germany, and stationed in Germany near the Austrian border. It included Austrian Nazis who fled from Austria after committing crimes.

These terroristic activities of the Nazis in Austria continued until July 25, 1934. On that day members of the NSDAP attempteda revolutionary putsch and killed Chancellor Dollfuss. A message from Mr. Hadow, of the British Legation in Vienna, to Sir John Simon contains details of the putsch (2985-PS). The official version of events given verbally by the Austrian Government to the diplomatic Corps, as set forth in this document, stated that approximately a hundred men attempting the putsch seized the Federal Chancellery. Chancellor Dollfuss was wounded in trying to escape, being shot twice at close quarters. The Radio Building in the center of the town was overwhelmed, and the announcer was compelled to broadcast the news that Dollfuss had resigned and Doctor Rintelen had taken his place as Chancellor.

Although the putsch failed, the insurgents kept control of the Chancellery Building and agreed to give it up only after they had a safe-conduct to the German border. The insurgents contacted the German Minister, Dr. Rieth, by telephone, and subsequently had private negotiations with him in the building. At about 7:00 p. m. they yielded the building, but Chancellor Dollfuss died about 6:00 p. m., not having had the services of a doctor.

The German Government denied all complicity in the putsch and assassination. Hitler removed Dr. Rieth as Minister on the ground that he had offered a safe-conduct to the rebels without making inquiry of the German Government, and had thus without any reason dragged the German Reich into an internal Austrian affair. This statement appears in the letter which Hitler sent to Franz von Papen on the 26th day of July 1934. (2799-PS)

Although the German Government denied any knowledge or complicity in this putsch, there is ample basis for the conclusion that the German Nazis bear responsibility for the events. Light is shed on this matter in the extensive record of the trial of the Austrian Nazi, Planetta, and others who were convicted for the murder, and in the Austrian Brown Book issued after July 25. Mr. Messersmith’s affidavit offers further evidence:


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