3. THE REICH CABINET

The Reich Cabinet, orReichsregierung, unlike most of the other Nazi organizations, was not especially created by the Nazi Party to carry out or implement its purposes. TheReichsregierunghad, before the Nazis came to power, a place in the constitutional and political history of the country. As with other cabinets of duly constituted governments, the executive power of the realm was concentrated in that body. The Nazi conspirators well realized this fact. Their aim for totalitarian control over the State could not be secured, they realized, except by acquiring, holding, and utilizing the machinery of the State. And this they did.Under the Nazi regime theReichsregierunggradually became a primary agent of the Nazi Party, with functions and policies formulated in accordance with the objectives and methods of the Party itself. TheReichsregierungbecame—at first gradually and then with more rapidity—polluted by the infusion of the Nazi conspirators sixteen of whom are accused in the Indictment. Its purpose came to be to clothe every scheme and purpose of the Party, however vile, with the semblance of legality.

The termReichsregierungliterally translated means “Reich Government”. Actually, it was commonly taken to refer to the ordinary Reich Cabinet. In the Indictment the termReichsregierungis defined to include not only those persons who were members of the ordinary Reich Cabinet, but also persons who were members of the Council of Ministers for the Defense of the Reich (Ministerrat fuer die Reichsverteidigung) and the Secret Cabinet Council (Geheimer Kabinettsrat). The most important body, however, was the ordinary cabinet. Between it and the other two groups there was in reality only an artificial distinction. There existed, in fact, a unity of personnel, action, function, and purpose that obliterated any academic separation. As used in the Indictment, the term “ordinary cabinet” means Reich Ministers, i.e., heads of departments of the central government; Reich Ministers without portfolio; State Ministers acting as Reich Ministers; and other officials entitled to take part in Cabinet meetings. Altogether, 48 persons held positions in the ordinary cabinet. 17 of them have been indicted as defendants. Of the remaining 31, eight are believed to be dead.

(1)The Ordinary Cabinet.Into the ordinary cabinet were placed the leading Nazi trusted henchmen. Then, when new governmental agencies or bodies were created, either by Hitler or by the Cabinet itself, the constituents of these new bodies were taken from the rolls of the ordinary cabinet.

When the first Hitler Cabinet was formed on 30 January 1933, there were 10 ministries which could be classified as departments of the central government. This fact appears from the minutes of the first meeting of that cabinet, which were found in the files of the Reich Chancellery and bear the typed signature of one Weinstein, who is described in the minutes as “Responsible for the Protocol—Counsellor in the Ministry” (351-PS). The ten ministers who attended are set forth:

“Reichs Minister of Foreign Affairs (von Neurath); Reichs Minister of the Interior (Frick); Reichs Minister of Finance (Graf Schwerin von Krosigk); Reichs Minister of Economy; Reichs Minister for Food and Agriculture (Dr. Hugenberg); Reichs Minister of Labor (Seldte); Reichs Minister of Justice [no name given; the post was filled two days later by Gurtner]; Reichs Defense Minister (von Blomberg); the Reichs Postmaster General; and Reichs Minister for Transportation (Freiherr von Eltz-Ruebanach).” (351-PS)

In addition, Goering attended as Reichs Minister (he held no portfolio at that time) and Reichs Commissar for Aviation. Dr. Perecke attended as Reich Commissar for Procurement of Labor. Two state secretaries were present—Dr. Lammers of the Reichs Chancellery and Dr. Meissner of the Reich’s Presidential Chancellery. In addition, Funk was present as Reichs Press Chief, and von Papen was present as Deputy of the Reichs Chancellor and Reichs Commissar for the State of Prussia. (351-PS)

Not long afterwards new ministries or departments were created, into which leading Nazi figures were placed. On 13 March 1933, the Ministry of Popular Enlightenment and Propaganda was created, and Paul Josef Goebbels was named as Reich Minister of Popular Enlightenment and Propaganda (2029-PS). On 5 May 1933 the Ministry of Air (2089-PS), on 1 May 1934 the Ministry of Education (2078-PS), and on 16 July 1935 the Ministry for Church Affairs (2090-PS) were created. Goering was made Air Minister; Bernhard Rust, Gauleiter of South Hanover, was named Education Minister; and Hans Kerrl was named Minister for Church Affairs. Two Ministries were added after the war started. On 17 March 1940 the Ministry of Armaments and Munitions was established (2091-PS). Dr. Fritz Todt, a high party official, was appointed to this post. Speer succeeded him. The name of this department was changed to “Armaments and War Production” in 1943 (2092-PS). On 17 July 1941, when the seizure of Eastern territories was in progress, the Ministry for the Occupied Eastern Territories was created. There was no published decree for this act. A file found in the Presidential Chancellery contains a typewritten copy of the decree of Hitler establishing that post (1997-PS). The decree provides:

“Decree of the Fuehrer concerning the administration of the newly-occupied Eastern Territories dated 17 July 1941.”“In order to maintain public order and public life in the newly-occupied Eastern territories I decree that:“As soon as the military operations in the newly-occupied territories are over, the administration of these territoriesshall be transferred from the military establishments to the civil-administration establishments. I shall from time to time determine by special decree, the territories which according to this are to be transferred to the civil administration and the time when this is to take place.“The Civil Administration in the newly occupied Eastern territories, where these territories are not included in the administration of the territories bordering on the Reich or the General government, is subject to the ‘Reich Minister for the Occupied Eastern territories.’* * * * * *“I appoint Reichsleiter Alfred Rosenberg as Reich Minister for the Occupied Eastern Territories. He will hold office in Berlin.” (1997-PS)

“Decree of the Fuehrer concerning the administration of the newly-occupied Eastern Territories dated 17 July 1941.”

“In order to maintain public order and public life in the newly-occupied Eastern territories I decree that:

“As soon as the military operations in the newly-occupied territories are over, the administration of these territoriesshall be transferred from the military establishments to the civil-administration establishments. I shall from time to time determine by special decree, the territories which according to this are to be transferred to the civil administration and the time when this is to take place.

“The Civil Administration in the newly occupied Eastern territories, where these territories are not included in the administration of the territories bordering on the Reich or the General government, is subject to the ‘Reich Minister for the Occupied Eastern territories.’

* * * * * *

“I appoint Reichsleiter Alfred Rosenberg as Reich Minister for the Occupied Eastern Territories. He will hold office in Berlin.” (1997-PS)

During the years 1933 to 1945, one ministry was dropped—the Ministry of Defense (later called War). This took place on 4 February 1938, when Hitler took over command of the whole Armed Forces. At the same time he created the office of the “Chief of the Supreme Command of the Armed Forces” or Chief of the OKW. This was held by Keitel. The decree accomplishing this change provides in part as follows:

“He [the Chief of the supreme command of the armed forces] is equal in rank to a Reich Minister. At the same time, the supreme command takes the responsibility for the affairs of the Reichs Ministry of War, and by my order, the chief of the supreme command of the Armed Forces exercises the authority formerly belonging to the Reichs Minister.” (1915-PS)

Another change in the composition of the cabinet during the years in question should be noted. The post of vice-chancellor was never refilled after the departure of von Papen on 30 July 1934.

In addition to the heads of departments mentioned above, the ordinary cabinet also contained Reich Ministers without portfolio. Among these were Frank, Seyss-Inquart, Schacht (after he left the Economics Ministry), and von Neurath (after he was replaced as Ministry of the Interior). Other positions also formed an integral part of the cabinet. Those were the Deputy of the Fuehrer, Hess, and later his successor, the Leader of the Party Chancellery, Bormann; the Chief of Staff of the SA, Ernst Roehm, for the seven months prior to his assassination; the Chief of the Reich Chancellery, Lammers; and, as already mentioned, the Chief of the OKW, Keitel. These men had either the title or rank of Reich Minister.

The Cabinet also contained other functionaries, such as State Ministers acting as Reich Ministers. Only two persons fell within this category—the Chief of the Presidential Chancellery, Otto Meissner, and the State Minister of the Protectorate of Bohemia and Moravia, Karl Hermann Frank. In addition, as named in the Indictment, the ordinary cabinet included “others entitled to take part in Cabinet meetings”. Many governmental agencies were created by the Nazis between the years 1933 and 1945, but the peculiarity of these creations was that in most instances the new officials were given the right to participate in cabinet meetings. Among those entitled to take part in Cabinet meetings were the Commanders in Chief of the Army and the Navy; the Reich Forest Master; the Inspector General for Water and Power; the Inspector General of German Roads; the Reich Labor Leader; the Reich Youth Leader; the Chief of the Foreign Organization in the Foreign Office; the Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior; the Prussian Finance Minister; and the Cabinet Press Chief. These posts and officials comprising the ordinary cabinet all appear on the chart entitled “Organization of the Reich Government,” and authenticated by Frick (Chart Number 18). The persons who held these posts in the ordinary cabinet varied between the years 1933 to 1945. Their names are listed in the chart (Chart Number 18), which discloses that 17 of these officials are defendants in these proceedings.

(2)The Secret Cabinet Council.Proof that there was only an artificial distinction between the ordinary cabinet, the Secret Cabinet Council, and the Council of Ministers for the Defense of the Reich, is shown by the unity of personnel among the three subdivisions. Thus, on 4 February 1938, Hitler created the Secret Cabinet Council (2031-PS):

“To advise me in conducting the foreign policy I am setting up a secret cabinet council.“As president of the secret cabinet council, I nominate: Reichsminister Freiherr von Neurath“As members of the secret cabinet council I nominate: Reichsminister for Foreign Affairs, Joachim von RibbentropPrussian Prime Minister, Reichsminister of the Air, Supreme Commander of the Air Forces, General Field Marshall Hermann GoeringThe Fuehrer’s Deputy, Reichsminister Rudolf HessReichsminister for the Enlightenment of the people and of Propaganda, Dr. Joseph GoebbelsReichsminister and Chief of the Reichs Chancellery Dr. Hans-Heinrich LammersThe Supreme Commander of the Army, General Walther von BrauchitschThe Supreme Commander of the Navy, Grand Admiral Dr. (honorary) Erich RaederThe Chief of the Supreme Command of the Armed Forces Lt. Gen. Wilhelm Keitel.” (2031-PS)

“To advise me in conducting the foreign policy I am setting up a secret cabinet council.

“As president of the secret cabinet council, I nominate: Reichsminister Freiherr von Neurath

“As members of the secret cabinet council I nominate: Reichsminister for Foreign Affairs, Joachim von Ribbentrop

Prussian Prime Minister, Reichsminister of the Air, Supreme Commander of the Air Forces, General Field Marshall Hermann Goering

The Fuehrer’s Deputy, Reichsminister Rudolf Hess

Reichsminister for the Enlightenment of the people and of Propaganda, Dr. Joseph Goebbels

Reichsminister and Chief of the Reichs Chancellery Dr. Hans-Heinrich Lammers

The Supreme Commander of the Army, General Walther von Brauchitsch

The Supreme Commander of the Navy, Grand Admiral Dr. (honorary) Erich Raeder

The Chief of the Supreme Command of the Armed Forces Lt. Gen. Wilhelm Keitel.” (2031-PS)

It will be noted that every member of this group was either a Reichsminister or, as, in the case of the Army, Navy, and OKW heads, had the rank and authority of a Reich Minister.

(3)The Council of Ministers for the Defense of the Reich.On 30 August 1939 Hitler established the Council of Ministers for the Defense of the Reich (better known as the Ministerial Council). This was the so-called war cabinet. The decree establishing this Council provided (2018-PS):

“Article I“(1) A Ministerial Council for Reich Defense shall be established as a standing committee out of the Reich Defense Council.“(2) The standing members of the Ministerial Council for Reich Defense shall include: General Field Marshall Goering as chairman; Fuehrer’s Deputy [Hess]; Commissioner General (or Plenipotentiary) for Reich Administration [Frick]; Commissioner General (or Plenipotentiary) for Economy [Funk]; Reich Minister and Chief of the Reich Chancellery [Dr. Lammers]; Chief of the High Command for the Armed Forces [Keitel].“(3) The chairman may draw on other members of the Reich Defense Council including further personalities for advice.” (2018-PS).

“Article I

“(1) A Ministerial Council for Reich Defense shall be established as a standing committee out of the Reich Defense Council.

“(2) The standing members of the Ministerial Council for Reich Defense shall include: General Field Marshall Goering as chairman; Fuehrer’s Deputy [Hess]; Commissioner General (or Plenipotentiary) for Reich Administration [Frick]; Commissioner General (or Plenipotentiary) for Economy [Funk]; Reich Minister and Chief of the Reich Chancellery [Dr. Lammers]; Chief of the High Command for the Armed Forces [Keitel].

“(3) The chairman may draw on other members of the Reich Defense Council including further personalities for advice.” (2018-PS).

Again, all members of this group were also members of the ordinary Cabinet.

The Reich Defense Council, for secret war planning, was created by the Cabinet on 4 April 1933 (cf. the unpublished Reich Defense Law of 21 May 1935 (2261-PS)). The membership of that Council when first created is shown by the minutes of the second session of the working committee of the delegates for Reich Defense, dated 22 May 1933 and signed by Keitel (EC-177):

“Composition of the Reich Defense Council:President: Reichs ChancellorDeputy: Reichswehr MinisterPermanent Members:Minister of the:ReichswehrForeign AffairsInteriorFinanceEconomic AffairsPublic Enlightenment and PropagandaAirChief of the Army Command StaffChief of the Navy Command Staff“Depending on the case: The remaining ministers, other personalities, e.g., leading industrialists, etc.” (EC-177)

“Depending on the case: The remaining ministers, other personalities, e.g., leading industrialists, etc.” (EC-177)

All but the Chiefs of the Army and Navy Command Staff were at that time members of the ordinary cabinet.

The composition of this Reich Defense Council was changed by an unpublished law on 4 September 1938, which provided as follows (2194-PS):

“* * * (2) The leader and Reich Chancellor is chairman in the RVR. His permanent deputy is General Field Marshall Goering. He has the right to call conferences of the RVR. Permanent members of the RVR are“The Reich Minister of Air and Supreme Commander of the Air Force,The Supreme Commander of the Army,The Supreme Commander of the Navy,The Chief of the OKW,The Deputy of the Fuehrer,The Reich Minister and Chief of the Reich Chancellery,The President of the Secret Cabinet Council,The Chief Plenipotentiary for the Reich Administration,The Chief Plenipotentiary for Economics,The Reich Minister of Foreign Affairs,The Reich Minister of the Interior,The Reich Finance Minister,The Reich Minister for Public Enlightenment and Propaganda,The President of the Reichsbank Directorate.“The other Reich Ministers and the Reich offices directly subordinate to the Fuehrer and Reich Chancellor are consultedif necessary. Further personalities can be called as the case demands.” (2194-PS)

“The Reich Minister of Air and Supreme Commander of the Air Force,The Supreme Commander of the Army,The Supreme Commander of the Navy,The Chief of the OKW,The Deputy of the Fuehrer,The Reich Minister and Chief of the Reich Chancellery,The President of the Secret Cabinet Council,The Chief Plenipotentiary for the Reich Administration,The Chief Plenipotentiary for Economics,The Reich Minister of Foreign Affairs,The Reich Minister of the Interior,The Reich Finance Minister,The Reich Minister for Public Enlightenment and Propaganda,The President of the Reichsbank Directorate.

“The Reich Minister of Air and Supreme Commander of the Air Force,

The Supreme Commander of the Army,

The Supreme Commander of the Navy,

The Chief of the OKW,

The Deputy of the Fuehrer,

The Reich Minister and Chief of the Reich Chancellery,

The President of the Secret Cabinet Council,

The Chief Plenipotentiary for the Reich Administration,

The Chief Plenipotentiary for Economics,

The Reich Minister of Foreign Affairs,

The Reich Minister of the Interior,

The Reich Finance Minister,

The Reich Minister for Public Enlightenment and Propaganda,

The President of the Reichsbank Directorate.

“The other Reich Ministers and the Reich offices directly subordinate to the Fuehrer and Reich Chancellor are consultedif necessary. Further personalities can be called as the case demands.” (2194-PS)

On that date all the members also belonged to the ordinary cabinet, for by that time the supreme commanders of the Army and Navy had been given ministerial rank and authorized to participate in cabinet meetings (2098-PS). It is also worth noting that two members of the Reich Defense Council also appear in the Ministerial Council under the same title—The Plenipotentiary for Administration, and the Plenipotentiary for Economy. The former post was held by Frick, while the latter was first held by Schacht and then by Funk. These facts are verified by Frick on the Nazi governmental organization chart (Chart Number 18). Many other ministries were subordinated to these two posts for war-planning aims and purposes. These two officials, together with the Chief of the OKW, formed a powerful triumvirate known as the “Three-Man College” (Frick, Funk, and Keitel) which figured prominently in war plans and preparations.

The utilization of the ordinary cabinet as a manpower reservoir for other governmental agencies, the chronological development of the offshoots of the ordinary cabinet, and the cohesion between all of these groups, is apparent from the Nazi governmental organization chart (Chart Number 18). The chart shows the following offshoots of the ordinary cabinet: 1933, the Reich Defense Council; 1935, the Three-Man College; 1936, the Delegate for the Four Year Plan; 1938, the Secret Cabinet Council; 1939, The Ministerial Defense Council; and 1944, the Delegate for Total War Effort (Goebbels). In every case these important Nazi agencies were staffed with personnel taken from the ordinary cabinet.

(1)The Ordinary Cabinet.The unity, cohesion, and interrelationship of the sub-divisions of theReichsregierungwas not the result of a co-mixture of personnel alone. It was also realized by the method in which it operated. The ordinary cabinet consulted together both by meetings and through the so-called circulation procedure. Under the latter procedure, which was chiefly used when meetings were not held, drafts of laws prepared in individual ministries were distributed to other cabinet members for approval or disapproval.

The man primarily responsible for the circulation of drafts of laws under this procedure was Dr. Lammers, the Leader and Chiefof the Reich Chancellery. Lammers has described that procedure in an affidavit (2999-PS):

“* * * I was Leader of the Reich Chancellery (Leiter der Reichskanzlei) from 30 January 1933 until the end of the war. In this capacity I circulated drafts of proposed laws and decrees submitted to me by the Minister who had drafted the law or decree, to all members of the Reich Cabinet. A period of time was allowed for objections, after which the law considered as being accepted by the various members of the Cabinet. This procedure continued throughout the whole war. It was followed also in the Council of Ministers for Defense of the Reich (Ministerrat fuer die Reichsverteidigung).” (2999-PS)

A memorandum dated 9 August 1943, which bears the facsimile signature of Frick and is addressed to the Reich Minister and Chief of the Reich Chancellery, illustrates how the circulation procedure worked (1701-PS). Attached to the memorandum is a draft of the law in question and a carbon copy of a letter dated 22 December 1943 from Rosenberg to the Reich Minister of the Interior, containing his comments on the draft:

“To the Reich Minister and Chief of the Reich Chancellery, inBerlin W8.“For the information of the other Reich ministers.“Subj: Law on the treatment of enemies of the society.“In addition to my letter of 19 March, 1942.“Enclosures: 55.—“After the draft of the law on the treatment of enemies of the society has been completely rewritten, I am sending the enclosed new draft with the consent of the Reich Minister of Justice, Dr. Thierack, and ask that the law be approved in a circulatory manner. The necessary number of prints is attached.” (1701-PS)

“To the Reich Minister and Chief of the Reich Chancellery, inBerlin W8.

“For the information of the other Reich ministers.

“Subj: Law on the treatment of enemies of the society.

“In addition to my letter of 19 March, 1942.

“Enclosures: 55.—

“After the draft of the law on the treatment of enemies of the society has been completely rewritten, I am sending the enclosed new draft with the consent of the Reich Minister of Justice, Dr. Thierack, and ask that the law be approved in a circulatory manner. The necessary number of prints is attached.” (1701-PS)

(2)Council of Ministers for the Defense of the Reich.The same procedure was followed in the Council of Ministers when that body was created. And the decrees of the Council of Ministers were also circulated to the members of the ordinary Cabinet. A memorandum found in the files of the Reich Chancellery and addressed to the members of the Council of Ministers, dated 17 September 1939, and bearing the typed signature of Dr. Lammers, Reich Minister and Chief of the Reich Chancellery, states (1141-PS):

“Matters submitted to the Council of Ministers for the Reich Defense have heretofore been distributed only to the membersof the Council. I have been requested by some of the Reichsministers who are not permanent members of the Council to inform them of the drafts of decrees which are being submitted to the Council, so as to enable them to check these drafts from the point of view of their respective offices. I shall follow this request so that all the Reichsministers will in future be informed of the drafts of decrees which are to be acted upon by the Council for the Reich Defense. I therefore request to add forty-five additional copies of the drafts, as well as of the letters which usually contain the arguments for the drafts, to the folders submitted to the Council.” (1141-PS)

Von Stutterheim, who was an official of the Reich Chancellery, comments on this procedure at page 34 of a pamphlet entitled “Die Reichskanzlei”:

“* * * It must be noted that the peculiarity in this case is that the subjects dealt with by the Cabinet Council—(Council of Ministers for the Defense of the Reich), are distributed not merely among the members of the Cabinet Council, but also among all the members of the Cabinet (Kabinett) who are thereby given the opportunity of guarding the interests of their spheres of office by adding their appropriate standpoints in the Cabinet Council legislation, even if they do not participate in making the decree.” (2231-PS)

For a time the Cabinet consulted together through actual meetings. The Council of Ministers did likewise, but those members of the Cabinet who were not already members of the Council also attended the meetings of the Ministerial Council. And where they did not attend in person, they were usually represented by the state secretaries of their Ministries. The minutes of six meetings of the Council of Ministers, on 1, 4, 8, and 19 September 1939, on 16 October 1939, and on 15 November 1939, demonstrate this procedure. (2852-PS)

At the meeting held on 1 September 1939, which was probably the first meeting since the Council was created on 30 August 1939, the following were in attendance:

“Present were the permanent members of the Council of Ministers for the Reich Defense: The Chairman and Generalfield Marshall, Goering; the Deputy of the Fuehrer, Hess [a line appears through the name Hess]; the Plenipotentiary for Reich Administration, Dr. Frick; the Plenipotentiary for Economy, Funk; the Reich Minister and Chief of the Reich Chancellery, Dr. Lammers; and the Chief of the High Commandof the Armed Forces, Keitel, represented by Major General Thomas.” (2852-PS)

These were the regular members of the Council. Also present was the Reich Minister for Food and Agriculture, Darré, and seven State Secretaries: Koerner, Neumann, Stuckart, Posse, Landfried, Backe, and Syrup (2852-PS). These State Secretaries were from the several Ministries or other supreme Reich authorities. Koerner was the Deputy of Goering in the Four-Year Plan; Stuckart was in the Ministry of the Interior; Landfried was in the Ministry of Economics; Syrup was in the Ministry of Labor.

The minutes dated 8 September 1939 (2852-PS) note that in addition to all members of the Ministerial Council, the following also were present:

“The Reich Minister for Food and Agriculture * * * Darré; State Minister * * * Popitz;”

Then come the names of nine State Secretaries from the several Ministries, and then:

“SS Gruppenfuehrer * * * Heydrich;”

The close integration of the Ministerial Council with the ordinary Cabinet is seen by the following excerpt from the minutes of the same date (8 September 1939):

“The Council of Ministers for the Reich Defense ratified the decree for the change of the Labor Service Law which had already been passed as law by the Reich Cabinet. (Reichsgesetzblatt, Part I, page 1744.)”

The minutes of the meeting of 19 September 1939 (2852-PS) show the following Reich Ministers to be present in addition to four members of the Council:

“Also: The Reich Minister for Finance, Count Schwerin von Krosigk.The Reich Minister for Food and Agriculture, Darré.The Reich Minister for Enlightenment and Propaganda, Dr. Goebbels.State Minister * * * Dr. Popitz.” (2852-PS)

“Also: The Reich Minister for Finance, Count Schwerin von Krosigk.

The Reich Minister for Food and Agriculture, Darré.

The Reich Minister for Enlightenment and Propaganda, Dr. Goebbels.

State Minister * * * Dr. Popitz.” (2852-PS)

Then come the names of eight State Secretaries. Others present included:

“SS Gruppenfuehrer * * * Heydrich; General of the Police (Ordnungpolizei) Daluege.” (2852-PS)

The minutes dated 15 November 1939 show the same co-mixture of Ministers, State Secretaries, and similar functionaries. In addition, the following were also present:

“Reichsleiter, Dr. Ley; Reichsleiter, Bouhler; ReichsfuehrerSS, Chief of German Police in the Reich Ministry of Interior, Himmler; The Reich Labor Service Leader, Hierl * * * Reich Commissioner for Price Control, Wagner * * * as well as experts (Sachbearbeiter) of the German Labor Front and the Reich Labor Service.” (2852-PS)

Some of the decrees passed and matters discussed at these meetings of the Ministerial Council are significant. At the first meeting of 1 September 1939 14 decrees were ratified by the Council. Decree No. 6 concerned

“* * * the organization of the administration and about the German safety police in the Protectorate of Bohemia and Moravia. (RGBl, I, page 1681).” (2852-PS)

At the meeting of the Council on 19 September 1939 the following occurred;

“The Chairman of the Council, Generalfieldmarshall Goering, made comments regarding the structure of civil administration in the occupied Polish territory. He expressed his intentions regarding the economic evacuation measures in this territory. Then the questions of decreasing wages and the questions of working hours and the support of members of families of inducted workers were discussed.”* * * * * *“The Chairman directed that all members of the Council regularly receive the situation reports of the Reichsfuehrer SS. Then the question of the population of the future Polish Protectorate was discussed and the placement of Jews living in Germany.” (2852-PS)

* * * * * *

“The Chairman directed that all members of the Council regularly receive the situation reports of the Reichsfuehrer SS. Then the question of the population of the future Polish Protectorate was discussed and the placement of Jews living in Germany.” (2852-PS)

Finally, at the meeting of 15 November 1939 the discussion concerned, among other things, the “treatment of Polish Prisoners of War”. (2852-PS)

The minutes of these meetings (2852-PS) not only establish the close working union between agencies of the state and the party, especially the SS, but also tends to establish that theReichsregierungwas responsible for the policies adopted and put into effect by the government.

But mere working alliances would be meaningless unless there was power. And theReichsregierunghad power. Short of Hitler himself, it had practically all the power a government can exercise.

(1)The Ordinary Cabinet.The Nazi conspirators secured the passage by the Reichstag of the “Law for the Protection of thePeople and the Reich,” of 24 March 1933 (2001-PS), which vested the Cabinet with legislative powers even to the extent of deviating from previously existing constitutional law. These powers were retained even after the members of the cabinet were changed, and the several states, provinces, and municipalities, which had formerly exercised semi-autonomous powers, were transformed into mere administrative organs of the central government. The ordinary cabinet emerged all-powerful from this rapid succession of events. Frick waxed eloquent upon that achievement in an article which he wrote for the 1935 National Socialist Year Book:

“The relationship between the Reich and the States has been put on an entirely new basis, never known in the history of the German people. It gives to the Reich cabinet (Reichsregierung) unlimited power. It even makes it its duty, to build a completely unified leadership and administration of the Reich. From now on, there is only one national authority: The one of the Reich! Thus, the German Reich has become a unified state, and the entire administration in the states is only carried out by order or in the name of the Reich. The state borders are now only administration, technical are boundaries but no longer boundaries of sovereignty! In calm determination, the Reich Cabinet (Reichsregierung) realizes step by step, supported by the confidence of the entire German people, the great longing of the Nation. The creation of the national socialist German, unified state.” (2380-PS)

The heightened legislative power of the Cabinet is also emphasized in an article written by Dr. Franz Medicus, an official in the Reich Ministry of the Interior, and published in 1939 in Volume 4 of “Das Dritte Reich in Aufbau”:

“* * * Worked out by the Reich Minister of the Interior, the ‘Law for Alleviation of the Distress of People and Reich’, in short called ‘Enabling Law’, was issued on 24 March 1933, broke with the liberal principle of ‘division of power’ by transferring the legislature from the Reichstag to the Reich Cabinet, so that legislation bypersonally responsible personstook the place of ‘anonymous’ legislation.” (2849-PS)

When the Ministerial Council was formed in 1939, it too was given legislative powers (cf. Article II of the decree of 30 August 1939 (2018-PS)). The ordinary cabinet also continued to legislate throughout the war. Because of the fusion of personnel between the Ministerial Council and the ordinary cabinet, questions were bound to arise as to what forum should lend its name to aparticular law. Dr. Lammers, Chief of the Reich Chancellery and a member of both agencies, wrote a letter on 14 June 1942 to the Plenipotentiary for Reich Administration about these questions (352-PS):

“To the Plenipotentiary for the Reich Administration (Generalbevollmaechtigter die Reich Verwaltung)“Subject: The Jurisdiction of the Council of Ministers for the Defense of the Reich (Ministerat fuer die Reichsverteidigung)“Your letter of 3 June 1942, No. 493/42/2882.—Recently the Fuehrer announced in accord with the opinions of the Reich Marshal of the Greater German Reich as shown in my letter of 20 Feb. 1940-RK. 624-B—that he believes it practical to reserve certain legislative missions for the Reich Cabinet. With this he has not limited the competency of the Council of Ministers for the defense of the Reich but given a directive as to how legislation should be handled under the point of view of practicability. I have no doubt that the Fuehrer, as well as the Reich Marshal, have not changed their point of view, in particular, regarding the fact, that at the present there should be only legislation important in the cause of war, and that they will stress the fact that the Fuehrer himself and the Reich Cabinet should not be eliminated from the powers of legislation. It will have to be tested from time to time what measures will be reserved for the Reich Cabinet. My letter of 20 February 1940, and the opinions of the Fuehrer therein expressed may serve as a directive even if the limitations indicated by me are no longer applicable in their full meaning. I would therefore suggest not basing the discussions with the Reich Minister of Finance on the question of competency of the Reich Cabinet or the Council of Ministers for the Defence of the Reich, but on the question of whether it would be practical to achieve settlement through either Reich law or a Decree from the Council of Ministers for the defense of the Reich in the sense of the opinions voiced by the Fuehrer.(signed) Dr. Lammers” (352-PS).

“To the Plenipotentiary for the Reich Administration (Generalbevollmaechtigter die Reich Verwaltung)

“Subject: The Jurisdiction of the Council of Ministers for the Defense of the Reich (Ministerat fuer die Reichsverteidigung)

“Your letter of 3 June 1942, No. 493/42/2882.—Recently the Fuehrer announced in accord with the opinions of the Reich Marshal of the Greater German Reich as shown in my letter of 20 Feb. 1940-RK. 624-B—that he believes it practical to reserve certain legislative missions for the Reich Cabinet. With this he has not limited the competency of the Council of Ministers for the defense of the Reich but given a directive as to how legislation should be handled under the point of view of practicability. I have no doubt that the Fuehrer, as well as the Reich Marshal, have not changed their point of view, in particular, regarding the fact, that at the present there should be only legislation important in the cause of war, and that they will stress the fact that the Fuehrer himself and the Reich Cabinet should not be eliminated from the powers of legislation. It will have to be tested from time to time what measures will be reserved for the Reich Cabinet. My letter of 20 February 1940, and the opinions of the Fuehrer therein expressed may serve as a directive even if the limitations indicated by me are no longer applicable in their full meaning. I would therefore suggest not basing the discussions with the Reich Minister of Finance on the question of competency of the Reich Cabinet or the Council of Ministers for the Defence of the Reich, but on the question of whether it would be practical to achieve settlement through either Reich law or a Decree from the Council of Ministers for the defense of the Reich in the sense of the opinions voiced by the Fuehrer.

(signed) Dr. Lammers” (352-PS).

Other officials possessed legislative powers. Hitler was of course one. Goering, as Deputy of the Four Year Plan, could and did issue decrees with the effect of law. The Cabinet delegated power to issue laws deviating from existing law to the Plenipotentiaries of Economy and Administration and the Chief of the OKW, the so-called Three-Man College. This was done in the Secret Defense Law of 1938 (2194-PS). These three officials—Frick,Funk, and Keitel—however, were also members of the Council of Ministers and of the ordinary cabinet as well. It can therefore be said, in the language of the Indictment, that theReichsregierung“possessed * * * legislative * * * powers of a very high order in the system of the German government.”

The executive and administrative powers of the Reich were concentrated in the central government primarily as the result of two basic Nazi laws that reduced the separate states (calledLaender) to mere geographical divisions. One was the law of 30 January 1934, known as the Law for the Reconstruction of the Reich (2006-PS). By that law the States were deprived of their independent status as States, their legislative assemblies were abolished, and their sovereign powers were transferred to the Reich. The other was the Reich Governor’s Law, enacted by the Cabinet on 30 January 1935 (2008-PS), which made all Reich Governors (Statthalters) permanent delegates of and subject to the order of the cabinet and, more especially, of the Reich Minister of the Interior. As a result, the ordinary cabinet was possessed of wide powers, which are set forth in “Administration Law,” periodical published in 1944 which was edited by Dr. Wilhelm Stuckart, State Secretary in the Reich Ministry of the Interior, and Dr. Harry V. Rosen-v. Hoewel, anOberregierungsratin the Reich Ministry of the Interior (2959-PS). The description of the powers and functions of all the ministries of the ordinary cabinet illustrates the extent of control vested in theReichsregierung:

III.The Reich Ministers“There are at present twenty-one Reich Ministers, namely:“I. 15 Reich Ministers with a definite portfolio.The Ministries of the Reich Ministers mentioned under 2, 6, 7, 8, 9, 10, 11, 12 are united with the corresponding Ministries of Prussia.“1. The Reich Minister for Foreign Affairs (Foreign Office).(a) He handles all matters touching on the relations of the Reich to foreign countries.(b) Under him are the diplomatic and consular representatives as well as the Reich office for Foreign Trade.“2. The Reich Minister of the Interior.(a) To his portfolio belong general administration, local administration, police administration, administration of officials, public health, welfare, geodetic system, sport system and the Reich Labor Service.(b) Under him are the general and internal administrations, for example, the Reich Governors, the state governments(Landesregierung) the superior Presidents, the governmental Presidents, as well as police officials and the Reich Labor Service.Furthermore, there are under him numerous central intermediary boards, for example, the Reich Health Office, the Reich Archives, the Reich Genealogical Office.“3. The Reich Minister for Public Enlightenment and Propaganda.(a) To his portfolio belong the intellectual influences on the nation, recruiting for the state, culture and economics, and the instruction of domestic and foreign public opinion.(b) Under him are, among other things, the Reich Propaganda Offices and the film censorship offices. Furthermore, he exercises supervision over the Reich Chamber of Culture, the Recruiting Council of German Economics, the Reich Radio Company, and the Institute of Politics (Hochschule fuer Politik).“4. The Reich Minister of Aviation and Supreme Commander of the Air Force.He administers civil and military aviation.“5. The Reich Minister of Finances.(a) To his portfolio belong the budget and financial system of the Reich, as well as the administration of taxes; monopolies, and tariffs.(b) Under him are namely: the administration of taxes and tariffs, as well as the administration of Reich monopolies.“6. The Reich Minister of Justice.(a) He is in charge of all matters related to the judicial system.(b) Under him are all judicial agencies and the Reich Patent Office.“7. The Reich Ministry of Economics.(a) To his portfolio belong the basic economic political questions of German economy, the supply of the civilian population with goods for consumption and the regulation of their distribution, the handling of foreign economic questions in the framework of policy on foreign trade of the Reich and the supreme supervision over the institutes of credit.(b) Under him are the Reich administration of mines, the Reich office of Statistics, the Supervisory Office for Private Insurance, the Gau Chambers of Economy, the State Economic Offices, (Landeswirtschaftsamt) the Savings Banks, and the State Insurance Offices.“8. The Reich Minister for Food and Agriculture.(a) He is in charge of all farmers and of the agriculture, as well as the food administration.(b) Under him are the State Food Offices (Landesernaechrungsamt) the State Administration of Large Estates (Domaenen verwaltung) the Administration of Rural Affairs and the Agricultural Credit Offices. Furthermore, he exercises state supervision over the Reich Food Supply of which he is the leader.”* * * * * *“14. Reich Minister for Armament and War Production.He has to bring to a level of highest production all offices active in producing arms and munitions. Furthermore, he is responsible for the field of raw materials and production in industry and manual labor.“15. The Reich Minister for the Occupied Eastern Territories.(a) He administers the recently occupied (i.e. former Soviet-Russian) Eastern territories, insofar as they are under civil administration and not subordinated to the Chief of Civil Administration for the district of Bialystok (cf. page 70) or insofar as they are incorporated in the General Gouvernment (cf. page 100).(b) Under him are the Reich Commissars, the General Commissars, Head Commissars, and District Commissars, in the recently occupied Eastern territories.” (2959-PS)

III.The Reich Ministers

“There are at present twenty-one Reich Ministers, namely:

“I. 15 Reich Ministers with a definite portfolio.

The Ministries of the Reich Ministers mentioned under 2, 6, 7, 8, 9, 10, 11, 12 are united with the corresponding Ministries of Prussia.

“1. The Reich Minister for Foreign Affairs (Foreign Office).

(a) He handles all matters touching on the relations of the Reich to foreign countries.

(b) Under him are the diplomatic and consular representatives as well as the Reich office for Foreign Trade.

“2. The Reich Minister of the Interior.

(a) To his portfolio belong general administration, local administration, police administration, administration of officials, public health, welfare, geodetic system, sport system and the Reich Labor Service.

(b) Under him are the general and internal administrations, for example, the Reich Governors, the state governments(Landesregierung) the superior Presidents, the governmental Presidents, as well as police officials and the Reich Labor Service.

Furthermore, there are under him numerous central intermediary boards, for example, the Reich Health Office, the Reich Archives, the Reich Genealogical Office.

“3. The Reich Minister for Public Enlightenment and Propaganda.

(a) To his portfolio belong the intellectual influences on the nation, recruiting for the state, culture and economics, and the instruction of domestic and foreign public opinion.

(b) Under him are, among other things, the Reich Propaganda Offices and the film censorship offices. Furthermore, he exercises supervision over the Reich Chamber of Culture, the Recruiting Council of German Economics, the Reich Radio Company, and the Institute of Politics (Hochschule fuer Politik).

“4. The Reich Minister of Aviation and Supreme Commander of the Air Force.

He administers civil and military aviation.

“5. The Reich Minister of Finances.

(a) To his portfolio belong the budget and financial system of the Reich, as well as the administration of taxes; monopolies, and tariffs.

(b) Under him are namely: the administration of taxes and tariffs, as well as the administration of Reich monopolies.

“6. The Reich Minister of Justice.

(a) He is in charge of all matters related to the judicial system.

(b) Under him are all judicial agencies and the Reich Patent Office.

“7. The Reich Ministry of Economics.

(a) To his portfolio belong the basic economic political questions of German economy, the supply of the civilian population with goods for consumption and the regulation of their distribution, the handling of foreign economic questions in the framework of policy on foreign trade of the Reich and the supreme supervision over the institutes of credit.

(b) Under him are the Reich administration of mines, the Reich office of Statistics, the Supervisory Office for Private Insurance, the Gau Chambers of Economy, the State Economic Offices, (Landeswirtschaftsamt) the Savings Banks, and the State Insurance Offices.

“8. The Reich Minister for Food and Agriculture.

(a) He is in charge of all farmers and of the agriculture, as well as the food administration.

(b) Under him are the State Food Offices (Landesernaechrungsamt) the State Administration of Large Estates (Domaenen verwaltung) the Administration of Rural Affairs and the Agricultural Credit Offices. Furthermore, he exercises state supervision over the Reich Food Supply of which he is the leader.”

* * * * * *

“14. Reich Minister for Armament and War Production.

He has to bring to a level of highest production all offices active in producing arms and munitions. Furthermore, he is responsible for the field of raw materials and production in industry and manual labor.

“15. The Reich Minister for the Occupied Eastern Territories.

(a) He administers the recently occupied (i.e. former Soviet-Russian) Eastern territories, insofar as they are under civil administration and not subordinated to the Chief of Civil Administration for the district of Bialystok (cf. page 70) or insofar as they are incorporated in the General Gouvernment (cf. page 100).

(b) Under him are the Reich Commissars, the General Commissars, Head Commissars, and District Commissars, in the recently occupied Eastern territories.” (2959-PS)

Other important powers and functions contained in the ordinary cabinet were not included in the foregoing list. For example, upon the creation of the People’s Court on 24 April 1934, it was placed within the jurisdiction of the Ministry of Justice (2014-PS). With the acquisition and occupation of new territories, the integration and coordination thereof were placed within the Ministry of the Interior. The Reich Minister of the Interior, Frick, (in some cases in cooperation with other Reich Ministers) was, by law, given regulatory powers over such territories. The territory and the applicable law may be listed as follows:

(1)The Saar (1935,Reichsgesetzblatt, Part I, page 66).(2)Austria (1938,Reichsgesetzblatt, Part I, page 237).(3)Memel (1939,Reichsgesetzblatt, Part I, page 54).(4)Bohemia and Moravia (1939,Reichsgesetzblatt, Part I, page 485).(5)Sudetenland (1939,Reichsgesetzblatt, Part I, page 780).(6)Danzig (1939,Reichsgesetzblatt, Part I, page 1547).(7)Incorporated Poland (1939,Reichsgesetzblatt, Part I, page 2042).(8)Occupied Poland (1939,Reichsgesetzblatt, Part I, page 2077).(9)Eupen, Malmedy and Moresnet (1940,Reichsgesetzblatt, Part I, page 803).(10)Norway (1941,Reichsgesetzblatt, Part I, page 765).

(1)The Saar (1935,Reichsgesetzblatt, Part I, page 66).

The Saar (1935,Reichsgesetzblatt, Part I, page 66).

(2)Austria (1938,Reichsgesetzblatt, Part I, page 237).

Austria (1938,Reichsgesetzblatt, Part I, page 237).

(3)Memel (1939,Reichsgesetzblatt, Part I, page 54).

Memel (1939,Reichsgesetzblatt, Part I, page 54).

(4)Bohemia and Moravia (1939,Reichsgesetzblatt, Part I, page 485).

Bohemia and Moravia (1939,Reichsgesetzblatt, Part I, page 485).

(5)Sudetenland (1939,Reichsgesetzblatt, Part I, page 780).

Sudetenland (1939,Reichsgesetzblatt, Part I, page 780).

(6)Danzig (1939,Reichsgesetzblatt, Part I, page 1547).

Danzig (1939,Reichsgesetzblatt, Part I, page 1547).

(7)Incorporated Poland (1939,Reichsgesetzblatt, Part I, page 2042).

Incorporated Poland (1939,Reichsgesetzblatt, Part I, page 2042).

(8)Occupied Poland (1939,Reichsgesetzblatt, Part I, page 2077).

Occupied Poland (1939,Reichsgesetzblatt, Part I, page 2077).

(9)Eupen, Malmedy and Moresnet (1940,Reichsgesetzblatt, Part I, page 803).

Eupen, Malmedy and Moresnet (1940,Reichsgesetzblatt, Part I, page 803).

(10)Norway (1941,Reichsgesetzblatt, Part I, page 765).

Norway (1941,Reichsgesetzblatt, Part I, page 765).

Such were the powers and functions of the ordinary cabinet.

(2)The Secret Cabinet Council.Of the other two subdivisions of theReichsregierung—the Secret Cabinet Council and the Ministerial Council—the Secret Cabinet Council had no legislative or administrative powers. It was created by Hitler on 4 February 1938

“To advise me in conducting the foreign policy * * *.” (2031-PS)

Its position in the Nazi regime is described by Ernst Rudolf Huber, a leading Nazi Constitutional Lawyer, in his book entitled “Verfassungsrecht des Grossdeutschen Reiches” (“Constitutional Law of the Greater German Reich”). In this book, which was an authoritative, widely used work on Nazi Constitutional Law, Huber states (1774-PS):

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