“A privy cabinet council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 (RGBl.I, 112). This privy cabinet council is under the direction of Reich Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich Chancellery, the Commanders-in-Chief of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs.” (1774-PS)
“A privy cabinet council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 (RGBl.I, 112). This privy cabinet council is under the direction of Reich Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich Chancellery, the Commanders-in-Chief of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs.” (1774-PS)
(3)The Council of Ministers for the Defense of the Reich.The powers concentrated in the Ministerial Council, which did possess legislative and administrative functions, at its creation in 1939, are best expressed by the lecture which Frick gave before the University of Freiburg on 7 March 1940. The lecture, published in a pamphlet entitled “The Administration in Wartime,” contains these statements (2608-PS):
“* * * The composition of the Ministerial Council forthe defense of the Reich shows the real concentration of power in it. General Field Marshal Goering is the chairman and also the Supreme Director of the War Economy and Commissioner for the Four Year Plan. He is joined by the Plenipotentiary General for the Reich Administration, who directs the entire civilian administration with the exception of the economic administration, and the Plenipotentiary General for Economy. The Chief of the High Command of the Armed Forces is the liaison man to the Armed Forces. It is primarily his duty to coordinate the measures for civilian defense in the area of administration and economy with the genuine military measures for the defense of the Reich. The Deputy of the Fuehrer represents the Party, thus guaranteeing the unity between Party and State also within the Ministerial Council for the Defense of the Reich. The Reich Minister and Chief of the Reich Chancellery is in charge of the business management of the Ministerial Council for the Defense of the Reich.”* * * * * *“The Ministerial Council for the Defense of the Reich, the highest legislative and executive organ in wartime next to the Fuehrer, created a subordinate organ for the purpose of the defense of the Reich: The Commissioners for the Reich Defense, who have their headquarters at the seat of the individual corps area.” (2608-PS)
“* * * The composition of the Ministerial Council forthe defense of the Reich shows the real concentration of power in it. General Field Marshal Goering is the chairman and also the Supreme Director of the War Economy and Commissioner for the Four Year Plan. He is joined by the Plenipotentiary General for the Reich Administration, who directs the entire civilian administration with the exception of the economic administration, and the Plenipotentiary General for Economy. The Chief of the High Command of the Armed Forces is the liaison man to the Armed Forces. It is primarily his duty to coordinate the measures for civilian defense in the area of administration and economy with the genuine military measures for the defense of the Reich. The Deputy of the Fuehrer represents the Party, thus guaranteeing the unity between Party and State also within the Ministerial Council for the Defense of the Reich. The Reich Minister and Chief of the Reich Chancellery is in charge of the business management of the Ministerial Council for the Defense of the Reich.”
* * * * * *
“The Ministerial Council for the Defense of the Reich, the highest legislative and executive organ in wartime next to the Fuehrer, created a subordinate organ for the purpose of the defense of the Reich: The Commissioners for the Reich Defense, who have their headquarters at the seat of the individual corps area.” (2608-PS)
With such power concentrated in theReichsregierungand to such a high degree, the Nazi conspirators possessed a formidable weapon to effectuate their plans.
Under the Nazi regime theReichsregierungbecame the instrument of the Nazi party.
(1)Execution of the Nazi Party Program.In the original Cabinet of 30 January 1933 only three cabinet members were members of the Party—Goering, Frick, and Hitler. As new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On 30 January, 1937, Hitler accepted into the Party those Cabinet members who were not already members. This action is reported in theVoelkischer Beobachter, South German Edition, of 1 February 1937 (2964-PS):
“In view of the anticipated lifting of the ban for party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the party of themembers of the Cabinet, who so far had not belonged to it and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the party. In addition, the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch; Generaladmiral Dr. H. C. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner.“The Fuehrer also honored with the gold party badge the party members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Koerner and State Secretary General of the Airforce Milch.” (2964-PS)
“In view of the anticipated lifting of the ban for party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the party of themembers of the Cabinet, who so far had not belonged to it and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the party. In addition, the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch; Generaladmiral Dr. H. C. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner.
“The Fuehrer also honored with the gold party badge the party members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Koerner and State Secretary General of the Airforce Milch.” (2964-PS)
It was possible to refuse the party membership thus conferred. Only one man, von Eltz-Ruebenach, who was the Minister of Post and Minister of Transport at the time, did this. His letter from von Eltz-Ruebenach to Hitler, dated 30 January 1937, reads as follows (1534-PS):
“My Fuehrer:“I thank you for the confidence you have placed in me during the four years of your leadership and for the honor you do me in offering to admit me to the party. My conscience forbids me however to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my Lord and to myself. Party membership however would mean that I should have to face without contradiction the steadily aggravating attacks by party offices on the Christian confessions and those who want to remain faithful to their religious convictions.“This decision has been infinitely difficult for me. For never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership.“I ask to be permitted to resign.“With German Greetings:Yours very obediently,“(signed) Baron v. Eltz” (1534-PS).
“My Fuehrer:
“I thank you for the confidence you have placed in me during the four years of your leadership and for the honor you do me in offering to admit me to the party. My conscience forbids me however to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my Lord and to myself. Party membership however would mean that I should have to face without contradiction the steadily aggravating attacks by party offices on the Christian confessions and those who want to remain faithful to their religious convictions.
“This decision has been infinitely difficult for me. For never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership.
“I ask to be permitted to resign.
“With German Greetings:
Yours very obediently,
“(signed) Baron v. Eltz” (1534-PS).
But the Nazis did not wait until all members of the cabinet were party members. Shortly after they came to power, they quickly assured themselves of active participation in the work of the Cabinet. On 1 December 1933, the Cabinet passed a law securing the unity of party and state (1395-PS). In Article 2 of that law the Deputy of the Fuehrer, Hess, and the Chief of Staff of the SA, Roehm, were made members of the Cabinet (1395-PS). Lest mere membership in the Cabinet would not be effective, Hitler endowed his deputy with greater powers of participation. Anunpublished decree signed by Hitler, dated 27 July 1934, and addressed to the Reich Ministers, provides (D-138):
“I decree that the Deputy of the Fuehrer, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich Administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Minister concerned. This also applies in cases where no one else participates except the Reich Minister making the draft. Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts.“This order will apply in the same sense to legislative ordinances. The Deputy of the Fuehrer in his capacity of Reich Minister can send as representative an expert on his staff. These experts are entitled to make statements to the Reich Ministers on his behalf.“[signed] Adolph Hitler” (D-138).
“I decree that the Deputy of the Fuehrer, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich Administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Minister concerned. This also applies in cases where no one else participates except the Reich Minister making the draft. Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts.
“This order will apply in the same sense to legislative ordinances. The Deputy of the Fuehrer in his capacity of Reich Minister can send as representative an expert on his staff. These experts are entitled to make statements to the Reich Ministers on his behalf.
“[signed] Adolph Hitler” (D-138).
Hess himself made pertinent comment on his right of participation on behalf of the party, in a letter dated 9 October 1934, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda (D-139):
“By a decree of the Fuehrer dated 27 July 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances. This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late and am then given a limited time, so that it becomes impossible for me to deal with the material concerned during the given time. I must point out that my participation means the taking into account of the opinion of the NSDAP as such, and that in the case of the majority of drafts of laws and decrees, consult with the appropriate departments of the Party before making my comment. Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27 July 1934.“I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time. Failing this, I would be obliged in future to refuse my agreement to such drafts from the beginning and without giving the matter detailed attention, in all cases where I am not given a sufficiently long period for dealing with them.“Heil,“[signed] R. Hess.” (D-139).
“By a decree of the Fuehrer dated 27 July 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances. This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late and am then given a limited time, so that it becomes impossible for me to deal with the material concerned during the given time. I must point out that my participation means the taking into account of the opinion of the NSDAP as such, and that in the case of the majority of drafts of laws and decrees, consult with the appropriate departments of the Party before making my comment. Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27 July 1934.
“I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time. Failing this, I would be obliged in future to refuse my agreement to such drafts from the beginning and without giving the matter detailed attention, in all cases where I am not given a sufficiently long period for dealing with them.
“Heil,
“[signed] R. Hess.” (D-139).
A handwritten note attached to the letter reads:
“1. The identical letter seems to have been addressed to all Reich Ministers. In our special field the decree of 27 July 1934 has hardly become applicable so far. A reply does not seem called for.“2. File in file 7B (?)“[signed] “R” (D-139).
“1. The identical letter seems to have been addressed to all Reich Ministers. In our special field the decree of 27 July 1934 has hardly become applicable so far. A reply does not seem called for.
“2. File in file 7B (?)
“[signed] “R” (D-139).
The participating powers of Hess were later broadened, according to a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers (D-140):
“* * * The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States under paragraph 3 of the first decree concerning reconstruction of the Reich of Feb 2nd 1934 (Reich Law Gazette I 81). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister. Laws and legislative decrees of the Austrian State are equally affected hereby.“[signed] Dr. LAMMERS” (D-140).
“* * * The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States under paragraph 3 of the first decree concerning reconstruction of the Reich of Feb 2nd 1934 (Reich Law Gazette I 81). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister. Laws and legislative decrees of the Austrian State are equally affected hereby.
“[signed] Dr. LAMMERS” (D-140).
After Hess’ flight to England, Bormann, as Leader of the Party Chancellery, took over the same functions. He was given the authority of a Reich Minister and made a member of the cabinet. (2099-PS)
The Nazi constitutional lawyer, Ernst Rudolf Huber, has this to say about the unity of party and Cabinet (1774-PS):
“Unity of party and Reich-Cabinet (Reichsregierung) is furthermore secured by the numerous personal unions i.e. association of Central State Offices with corresponding party offices. Such personal unions exist in the cases of Food Minister and the Propaganda Minister, the Chief of the German Police and the Reich Labor Leader, the Chief of the Organization in foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia.” (1774-PS)
“Unity of party and Reich-Cabinet (Reichsregierung) is furthermore secured by the numerous personal unions i.e. association of Central State Offices with corresponding party offices. Such personal unions exist in the cases of Food Minister and the Propaganda Minister, the Chief of the German Police and the Reich Labor Leader, the Chief of the Organization in foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia.” (1774-PS)
In 1943, out of 16 Reich Leaders (Reichsleiters) of the NSDAP, eight were members of the Cabinet: Martin Bormann; Walter Darré; Otto Dietrich; Wilhelm Frick; Paul Josef Goebbels; ConstantinHierl; Heinrich Himmler; Alfred Rosenberg (2473-PS). Through its domination of the Cabinet the Nazi Party strove to secure the fulfilment of its program under a facade of legality.
(a)Decrees of the Ordinary Cabinet.To the Nazi Cabinet, the Nazi Party program of 25 points (1708-PS) was more than a mere political platform; it was a mandate for action. And the Cabinet acted.
Point 1 of this program declared:
“We demand the inclusion of all Germans in a greater Germany on the grounds of the right of self-determination.” (1708-PS)
“We demand the inclusion of all Germans in a greater Germany on the grounds of the right of self-determination.” (1708-PS)
In implication of this demand the Nazi Cabinet enacted, among others, the following laws: the law of 3 February 1938 concerning the obligation of German citizens in foreign countries to register (1938Reichsgesetzblatt, Part I, page 113); the law of 13 March 1938 for the reunion of Austria with Germany (1938Reichsgesetzblatt, Part I, page 237) (2307-PS); the law of November 1938 for the reintegration of the German Sudetenland with Germany (1938Reichsgesetzblatt, Part I, page 1641); the law of 23 March 1939 for the reintegration of Memel in Germany (1939Reichsgesetzblatt, Part I, page 559).
Point 2 of the Party platform stated in part:
“We demand * * * the cancellation of the treaties of Versailles and St. Germain.” (1708-PS)
“We demand * * * the cancellation of the treaties of Versailles and St. Germain.” (1708-PS)
The following acts of the Cabinet supported this part of the program: The proclamation of 14 October 1933 to the German people concerning Germany’s withdrawal from the League of Nations and the Disarmament Conference (1933Reichsgesetzblatt, Part I, page 730); the proclamation and law of 16 March 1935, for the establishment of theWehrmachtand compulsory military service (1935Reichsgesetzblatt, Part I, pages 369, 375) (1654-PS); and the defense law of 21 May 1935 implementing the last-named law (1935Reichsgesetzblatt, Part I, page 609).
Point 4 of the Party platform read as follows:
“Only those who are members of the ‘Volk’ can be citizens. Only those who are of German blood, without regard to religion, can be members of the ‘Volk’. No Jew, therefore, can be a member of the ‘Volk’.” (1708-PS)
“Only those who are members of the ‘Volk’ can be citizens. Only those who are of German blood, without regard to religion, can be members of the ‘Volk’. No Jew, therefore, can be a member of the ‘Volk’.” (1708-PS)
Among the cabinet laws which implemented this point were these: the law of 14 July 1933 for the recall of naturalization and the deprivation of citizenship (1933Reichsgesetzblatt, Part I, page 480); the law of 7 April 1933 permitting persons of non-Aryan descent to be refused permission to practice law (1933Reichsgesetzblatt,Part I, page 188) (1401-PS); the law of 25 April 1933 restricting the number of non-Aryans in schools and higher institutions (1933Reichsgesetzblatt, Part I, page 225) (2022-PS); the law of 29 September 1933 excluding persons of Jewish blood from the peasantry (1933Reichsgesetzblatt, Part I, page 685) (1402-PS); the law of 26 June 1936, forbidding people of Jewish blood to hold positions of authority in the army (1936Reichsgesetzblatt, Part I, page 518) (1398-PS); the law of 19 March 1937 excluding Jews from the Reich Labor Service (1937Reichsgesetzblatt, Part I, page 325); the law of 28 March 1938 on the legal status of Jewish religious communities (1938Reichsgesetzblatt, Part I, page 338); and the law of 6 July 1938 prohibiting Jews from participating in six different types of business (1938Reichsgesetzblatt, Part I, page 823).
Point 23 of the platform proclaimed:
“We demand legislative action against conscious political lies and their broadcasting through the press.” (1708-PS)
“We demand legislative action against conscious political lies and their broadcasting through the press.” (1708-PS)
To carry out this point numerous Cabinet laws were passed, of which the following are merely examples: the law of 22 September 1933 for the establishment of the Reich Culture Chamber (1933Reichsgesetzblatt, Part I, page 661) (2082-PS); the law of 4 October, 1933 regarding editors (1933Reichsgesetzblatt, Part I, page 713) (2083-PS); and the law of 15 May 1934 regarding the theater (1934Reichsgesetzblatt, Part I, page 411).
All the laws referred to above and hereafter were enacted specifically in the name of the Cabinet (Reichsregierung). A typical introductory paragraph reads:
“The Reich Cabinet (die Reichsregierung) has enacted the following law which is hereby promulgated. * * *” [Law of 1 August 1934, 1934Reichsgesetzblatt, Part I, page 747]. (2003-PS)
“The Reich Cabinet (die Reichsregierung) has enacted the following law which is hereby promulgated. * * *” [Law of 1 August 1934, 1934Reichsgesetzblatt, Part I, page 747]. (2003-PS)
In furtherance of the Nazi plans to acquire totalitarian control of Germany (cf. Section 1-2 of Chapter VII), the Cabinet passed the following laws: Law of 26 May 1933, providing for the confiscation of Communist property (1933Reichsgesetzblatt, Part I, page 293) (1396-PS); Law of 14 July 1933 against the new establishment of parties (1933Reichsgesetzblatt, Part I, page 479); Law of 14 July 1933 providing for the confiscation of property of Social Democrats and others (1933Reichsgesetzblatt, Part I, page 479) (1388-PS); and Law of 1 December 1933 securing the unity of party and state (1933Reichsgesetzblatt, Part I, page 1016). (1395-PS)
In the course of consolidating Nazi control of Germany, (cf.Section 3 of Chapter VII) the following laws were enacted by the Cabinet: Decree of the Cabinet, 21 March 1933, creating special courts (1933Reichsgesetzblatt, Part I, page 136) (2076-PS); Law of 31 March 1933 for the integration of States into the Reich (1933Reichsgesetzblatt, Part I, page 153) (2004-PS); Law of 7 April 1933 for the reestablishment of the Professional Civil Service (1933Reichsgesetzblatt, Part I, page 175) (1397-PS); Law of 7 April 1933 for the integration of states into the Reich (1933Reichsgesetzblatt, Part I, page 173) (2005-PS); Law of 30 June 1933 eliminating non-Aryan civil servants or civil servants married to non-Aryans (1933Reichsgesetzblatt, Part I, page 433) (1400-PS); Law of 20 July 1933 providing for the discharge of Communist officials (1933Reichsgesetzblatt, Part I, page 518) (1398-PS); Law of 24 April 1934 creating the People’s Court (1934Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 1 August 1934 uniting the office of President and Chancellor (1934Reichsgesetzblatt, Part I, page 747) (2003-PS); Law of 30 January 1935, Reich Governors Law, further reducing the independence of the states (1935Reichsgesetzblatt, Part I, page 65); Law of 30 January 1935 providing for the abolition of representatives or deliberative bodies in the municipalities (1935Reichsgesetzblatt, Part I, page 49) (2008-PS); Law of 26 January 1937, the comprehensive civil service law (1937Reichsgesetzblatt, Part I, page 39); and Law of 18 March 1938 providing for the submission of one list of candidates to the electorate for the entire Reich (1938Reichsgesetzblatt, Part I, page 258). (2355-PS)
Nazi extermination of political internal resistance in Germany, through the purge of political opponents and through acts of terror, (cf. Section 4 of Chapter VII), was facilitated and legalized by the following Cabinet laws: Law of 14 July 1933 against the new establishment of parties (containing a penal clause) (1933Reichsgesetzblatt, Part I, page 479) (1388-PS); Law of 3 July 1934 concerning measures for emergency defense of the State (legalizing the Roehm purge) (1934Reichsgesetzblatt, Part I, page 529) (2057-PS); Law of 20 December 1934 on treacherous acts against state and party and for the protection of party uniforms (1934Reichsgesetzblatt, Part I, page 1269) (1393-PS); Law of 24 April 1934 making the creation of new or continuance of existing parties an act of treason (1934Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 28 June 1935 changing the Penal Code permitting punishment under analogous law (1935Reichsgesetzblatt, Part I, page 839) (1962-PS); Law of 16 September1939 permitting second prosecution of an acquitted person before a special court, the members of which were named by Hitler (1939Reichsgesetzblatt, Part I, page 1841). (2550-PS)
The destruction of the free trade unions in Germany, (cf. Section 5 of Chapter VII), was made possible by the following Cabinet laws: Law of 4 April 1933 concerning factory representative councils and economic organizations (controlling employee representation) (1933Reichsgesetzblatt, Part I, page 161) (1770-PS); Law of 19 May 1933 concerning Trustees of Labor (abolishing collective bargaining) (1933Reichsgesetzblatt, Part I, page 285) (405-PS); Law of 20 January 1934 regulating National Labor (introducing leadership principle into industrial relations (1934Reichsgesetzblatt, Part I, page 45) (1861-PS); and Law of 26 June 1935 establishing Reich Labor Service (compulsory labor service) (1935Reichsgesetzblatt, Part I, page 769). (1389-PS)
Even the anti-Jewish Nurnberg laws of 15 September 1935, although technically passed by the Reichstag, were nevertheless worked out by the Ministry of the Interior. Dr. Franz A. Medicus, who served asMinisterialdirigentin the Ministry of the Interior, made this statement in a book published in 1940 (2960-PS):
“* * * The work of the Reich Ministry of Interior forms the basis for the three Nurnberg Laws passed by a resolution of the Reichstag on the occasion of the Reich party meeting of Freedom.“The ‘Reich Citizenship Law’ as well as the ‘Law for the protection of German blood and German honor’ (Blood Protection Law) opened extensive tasks for the Ministry of Interior not only in the field of administration. The same applies to the ‘Reich Flag Law’ that gives the foundation for the complete re-organization of the use of the flag * * *” (2960-PS).
“* * * The work of the Reich Ministry of Interior forms the basis for the three Nurnberg Laws passed by a resolution of the Reichstag on the occasion of the Reich party meeting of Freedom.
“The ‘Reich Citizenship Law’ as well as the ‘Law for the protection of German blood and German honor’ (Blood Protection Law) opened extensive tasks for the Ministry of Interior not only in the field of administration. The same applies to the ‘Reich Flag Law’ that gives the foundation for the complete re-organization of the use of the flag * * *” (2960-PS).
(b)Decrees of The Council of Ministers.Decrees of the Council of Ministers similarly supplied the “legal” basis for other criminal actions of the Nazi conspirators. Among these laws are the following: Decree of 5 August 1940 imposing a discriminatory tax on Polish workers in Germany (1940Reichsgesetzblatt, Part I, page 1077); Decree of 4 December 1941 regarding penal measures against Jews and Poles in the occupied Eastern Territories (1941Reichsgesetzblatt, Part I, page 759) (2746-PS); and Decree of 30 June 1942 concerningthe employment of Eastern Workers (1942Reichsgesetzblatt, Part I, page 419). (2039-PS)
Almost immediately upon Hitler’s coming to power, the Cabinet participated in the Nazi conspiracy to wage aggressive war. This fact appears clearly from 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); from a letter dated 24 June 1935 and signed by von Blomberg, the Reichs Minister of War, which transmits a copy of the secret, unpublished Reich Defense Law of 21 May 1935 and also a copy of the decision of the Reich Cabinet of 21 May 1935 in the Council for the Defense of the Reich (2261-PS); and from a letter dated 5 September 1939 transmitting a copy of the secret, unpublished Reich Defense Law of 4 September 1938 (a note dated 4 September 1938 attached to this law states that the Reich Defense law of 21 May 1935 and the decisions of the Cabinet previously mentioned are repeated) (2194-PS). These three documents, important in the conspiracy to wage aggressive war emphasize the participation of the Reich Cabinet and Reich Ministers, through legislative enactments, in the conspiracy.
The Reich Defense Council was a creation of the Cabinet. On 4 April 1933 the Cabinet decided to form that agency (2261-PS). The circumstances of its creation were discussed at the meeting of 22 May 1933 (EC-177):
“Thoughts about a Reich Defense Council“All great European powers which are at freedom to arm, have a RVR. One does not have to refer to history to prove the necessity of this institution. The war has shown conclusively that the cooperation with the various ministries has not been close enough. The consequences did not fail to materialize. The soldier is not in a position to have a say in all matters. The disadvantages of the past system were caused by parallel efforts of the various ministries in matters of the Reich defense. To avoid these mistakes acentral agencyhas been created which occupies itself already in peacetime in the widest sense with the problems of Reich Defense. This working staff will continue its existence in time of war.“In accordance with the cabinet decision of the 4 April 1933 the Reich Defense Council, which until now had been prepared for war emergency, will go into immediate action.“In time of peace its task will be to decide about all measures for the preparation of the defense of the Reich, while surveyingand utilizing all powers and means of the nation.” (EC-177)
“Thoughts about a Reich Defense Council
“All great European powers which are at freedom to arm, have a RVR. One does not have to refer to history to prove the necessity of this institution. The war has shown conclusively that the cooperation with the various ministries has not been close enough. The consequences did not fail to materialize. The soldier is not in a position to have a say in all matters. The disadvantages of the past system were caused by parallel efforts of the various ministries in matters of the Reich defense. To avoid these mistakes acentral agencyhas been created which occupies itself already in peacetime in the widest sense with the problems of Reich Defense. This working staff will continue its existence in time of war.
“In accordance with the cabinet decision of the 4 April 1933 the Reich Defense Council, which until now had been prepared for war emergency, will go into immediate action.
“In time of peace its task will be to decide about all measures for the preparation of the defense of the Reich, while surveyingand utilizing all powers and means of the nation.” (EC-177)
The composition of the Reich Defense Council is thereupon set out. Hitler was President; the Minister of Defense was his deputy; and he, plus six more ministers (there were only ten at that time) and the Chiefs of the Army and Navy Command Staffs were permanent members. The remaining ministers, as well as “leading industrialists”, were subject to call. Of the defendants who were then members of the Council, there was von Neurath as Foreign Affairs Minister; Frick as Interior Minister, Goering as Air Minister; and Raeder as Chief of the Navy Command Staff. (EC-177)
The presence of Cabinet ministers was indispensable. The cabinet by that time could legislate for the Reich. It had a definite role to play in this planning, as Keitel pointed out (EC-177):
“Col. Keitel:—Points out once more the urgency of the tasks, since it had been possible to do only very little in this connection during the last years. He asks the delegates to consider the Reich Defense at all times and represent it accordingly at the drafting of new laws. Experiences of the wars are available and are at the disposal of the various ministries; (e.g. Reich Archives, Memorandum of an administrative official about gasoline supply). All these sources must be taken advantage of for the future. The task of the full time delegates is also to bring about a close cooperation of the ministries with each other.” (EC-177)
“Col. Keitel:—Points out once more the urgency of the tasks, since it had been possible to do only very little in this connection during the last years. He asks the delegates to consider the Reich Defense at all times and represent it accordingly at the drafting of new laws. Experiences of the wars are available and are at the disposal of the various ministries; (e.g. Reich Archives, Memorandum of an administrative official about gasoline supply). All these sources must be taken advantage of for the future. The task of the full time delegates is also to bring about a close cooperation of the ministries with each other.” (EC-177)
Each separate ministry, moreover, was scheduled for a definite task.
“* * * In the work plans the questions and ideas are laid down, which have come up in theReichswehrMinistry and must be considered in case of mobilization. Up to the present time the support on the part of other Ministries was frequently based only on personal helpfulness since any authority from above was lacking. The following work plans are finished.“a.Work Plan for the Reich Ministry of Economics.Work Plan for the Reich Ministry of Food and Agriculture.Work Plan for the Reich Ministry of Labor.“These three are composed in one work plan for the preparation of a war economy.“b.Work Plan for the Reich Postal Ministry.“c.Work Plan for the Reich Traffic Ministry.“Request the plans to be worked through carefully by the competent Ministries. The plans will be discussed beginning of June, when proposals for improvements may be made. The other Ministries which have no work plans yet will receive them later on. The Office of Air Raid Protection will work out a work plan in conjunction with the Reich Commissariat for Aviation.” (EC-177)
“* * * In the work plans the questions and ideas are laid down, which have come up in theReichswehrMinistry and must be considered in case of mobilization. Up to the present time the support on the part of other Ministries was frequently based only on personal helpfulness since any authority from above was lacking. The following work plans are finished.
“a.Work Plan for the Reich Ministry of Economics.Work Plan for the Reich Ministry of Food and Agriculture.Work Plan for the Reich Ministry of Labor.
“These three are composed in one work plan for the preparation of a war economy.
“b.Work Plan for the Reich Postal Ministry.
“c.Work Plan for the Reich Traffic Ministry.
“Request the plans to be worked through carefully by the competent Ministries. The plans will be discussed beginning of June, when proposals for improvements may be made. The other Ministries which have no work plans yet will receive them later on. The Office of Air Raid Protection will work out a work plan in conjunction with the Reich Commissariat for Aviation.” (EC-177)
The secrecy of all undertakings was stressed:
“Security and Secrecy.”“Question has been brought up by the Reich Ministries.“The secrecy of all Reich Defense work has to be maintained very carefully. Communications with the outside bymessenger serviceonly, has been settled already with the Post Office, Finance Ministry, Prussian Ministry of the Interior and the Reichswehr Ministry.Main Principle of security: No document must be lost since, otherwise, the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva. Therefore, theReichswehrMinistry has worked out security directives for the Reich Ministries and the Prussian Ministry of the Interior.” (EC-177)
“Security and Secrecy.”
“Question has been brought up by the Reich Ministries.
“The secrecy of all Reich Defense work has to be maintained very carefully. Communications with the outside bymessenger serviceonly, has been settled already with the Post Office, Finance Ministry, Prussian Ministry of the Interior and the Reichswehr Ministry.Main Principle of security: No document must be lost since, otherwise, the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva. Therefore, theReichswehrMinistry has worked out security directives for the Reich Ministries and the Prussian Ministry of the Interior.” (EC-177)
As time went on and greater concentration of power was needed, the Cabinet made changes and additions to this secret war planning body. Article 6 of the Secret Defense Law of 1935 (2261-PS) provided:
“(1) The Fuehrer and Reichschancellor will appoint a plenipotentiary-general for war economy to direct the entire war economy.“(2) It is the task of the plenipotentiary-general for war economy to put all economic forces in the service of carrying on the war and to secure the life of the German people economically.“(3) Subordinate to him are:The Reichsminister for Economy.The Reichsminister for Food and Agriculture.The Reichs Labor Minister.The Reichs Forest Master, and all Reichs’ agencies immediately subordinate to the Fuehrer and Reichschancellor. Furthermore the financing of the war effort (in the province of the Reichs Finance Ministry and of the Reichsbank) will be carried on under his responsibility.“(4) The Plenipotentiary-General for War Economy is authorized,within his realm of responsibility to issue legal regulations, which may deviate from the existing laws.” (2261-PS)
“(1) The Fuehrer and Reichschancellor will appoint a plenipotentiary-general for war economy to direct the entire war economy.
“(2) It is the task of the plenipotentiary-general for war economy to put all economic forces in the service of carrying on the war and to secure the life of the German people economically.
“(3) Subordinate to him are:
The Reichsminister for Economy.The Reichsminister for Food and Agriculture.The Reichs Labor Minister.
The Reichsminister for Economy.
The Reichsminister for Food and Agriculture.
The Reichs Labor Minister.
The Reichs Forest Master, and all Reichs’ agencies immediately subordinate to the Fuehrer and Reichschancellor. Furthermore the financing of the war effort (in the province of the Reichs Finance Ministry and of the Reichsbank) will be carried on under his responsibility.
“(4) The Plenipotentiary-General for War Economy is authorized,within his realm of responsibility to issue legal regulations, which may deviate from the existing laws.” (2261-PS)
Schacht was named as Plenipotentiary for War Economy. It will be noted that the Reich Ministers for Food and Agriculture and for Labor, and the Reichs Forest Master (who by this time had Cabinet rank) had not been included in the original membership of the Reichs Defense Council. Darré was Minister for Food and Agriculture, Seldte for Labor, and Goering was Reich Forest Master.
On the same day the Law was passed, the Cabinet made these decisions covering the newly-created Plenipotentiary-General for War Economy (EC-177):
“1. The Plenipotentiary-General for War Economy appointed by the Fuehrer and Reichschancellor will begin his work already in peacetime * * *.“2. The Reichsminister of War and the Plenipotentiary for War Economy will effect the preparations for mobilization in closest cooperation on both sides.“3. The Plenipotentiary-General for War Economy will be a permanent member of the Reich Defense Council (Reichsverteidigungsrat). Within the working committee he represents through his leadership staff the interests of war economy.” (EC-177)
“1. The Plenipotentiary-General for War Economy appointed by the Fuehrer and Reichschancellor will begin his work already in peacetime * * *.
“2. The Reichsminister of War and the Plenipotentiary for War Economy will effect the preparations for mobilization in closest cooperation on both sides.
“3. The Plenipotentiary-General for War Economy will be a permanent member of the Reich Defense Council (Reichsverteidigungsrat). Within the working committee he represents through his leadership staff the interests of war economy.” (EC-177)
The complete reorganization of this Reich Defense Council took place in 1938, under the Secret Defense Law of 4th September of that year. By that time, there had been a reorganization of the Armed Forces: the chief of the OKW had been created and the War Ministry had been abolished (2194-PS). The Reich Defense Council in 1938 was composed of Goering, as permanent deputy and Minister of Air and Supreme Commander of the Air Force; Raeder as Supreme Commander of the Navy; Hess as Deputy of the Fuehrer; von Neurath as President of the Secret Cabinet Council; Frick as Plenipotentiary for the Reich Administration; Keitel as Chief of the OKW; Funk as Plenipotentiary for Economics; Ribbentrop as Minister of Foreign Affairs; Schacht as President of the Reichsbank directorate (2261-PS). An important part of the Reich Defense Council was the Working Committee. The minutes of the twelfth meeting of the Reich Defense Working Committee, on 14 May 1936, read (EC-407):
“1.The National Minister of War and Supreme Commander of the Armed Forces, General Field Marshal von Blomberg, opened the 12th meeting of the Reichs Defense Committeeby expressing thanks for the work accomplished and pointing out in principle the necessity of a preparation for a total mobilization with emphasis on the most important measures to be taken at this time. (Among others; mobilization schedule, legal basis, preparations in the demilitarized zone.) He further indicates the assignment of the national resources (Reichsressort) to finance its measures for preparation of the Reichs defense out of its budget.“2. Thechairmanof theReichs DefenseCommittee, Lieutenant General Keitel, states:“In today’s and future meetings of the Reichs Defense Committee a cross section of the general situation concerning all matters of the national defense is presented. The picture of the situation does not appear in the reports of the meetings.“The open discussion of State secrets before our large committee gives the special obligation to the chairman of the Reichs Defense Committee of pointing out itssecrecy.“Today’s sessions takes place under the auspices of the restoration of the State authority in the demilitarized zone.“The difficulties of the economic situation, which are presented today, must be mastered.” (EC-407)
“1.The National Minister of War and Supreme Commander of the Armed Forces, General Field Marshal von Blomberg, opened the 12th meeting of the Reichs Defense Committeeby expressing thanks for the work accomplished and pointing out in principle the necessity of a preparation for a total mobilization with emphasis on the most important measures to be taken at this time. (Among others; mobilization schedule, legal basis, preparations in the demilitarized zone.) He further indicates the assignment of the national resources (Reichsressort) to finance its measures for preparation of the Reichs defense out of its budget.
“2. Thechairmanof theReichs DefenseCommittee, Lieutenant General Keitel, states:
“In today’s and future meetings of the Reichs Defense Committee a cross section of the general situation concerning all matters of the national defense is presented. The picture of the situation does not appear in the reports of the meetings.
“The open discussion of State secrets before our large committee gives the special obligation to the chairman of the Reichs Defense Committee of pointing out itssecrecy.
“Today’s sessions takes place under the auspices of the restoration of the State authority in the demilitarized zone.
“The difficulties of the economic situation, which are presented today, must be mastered.” (EC-407)
This Working Committee was still functioning in 1939. The Mobilization Book for Civil Administration of 1939 states, in part (1639-A-PS):
“D.Terms for Mobilization Preparations by the Civil Administration.“The acceptance of all new measures in the Mobilization Book for Civil Administration must be requested from the Chief of the Reich Defense Committee (Department of State Defense in the Armed Forces High Command).” (1639-A-PS)
“D.Terms for Mobilization Preparations by the Civil Administration.
Terms for Mobilization Preparations by the Civil Administration.
“The acceptance of all new measures in the Mobilization Book for Civil Administration must be requested from the Chief of the Reich Defense Committee (Department of State Defense in the Armed Forces High Command).” (1639-A-PS)
The composition of the Working Committee was redefined by the Secret Law of 1938 as follows (2194-PS):
“The Reich Defense Committee[Reichsverteidigungsausschuss] (RVA):“(1) The Reich Defense Committee is the working Committee of the RVR. It prepares the decisions of the RVR, sees to their execution, and secures collaboration between armed forces, chief Reich offices, and party.“(2) Presiding is the chief of the OKW. He regulates the activity of the committee and gives the directions to the GBV and GBW and to the Reich ministries not subordinated to them and to the chief Reich offices according to the decisionsof the RVR, which directions are necessary for securing their uniform execution.“(3) The RVA is composed of the OKW, deputy of the commissioner for the four year plan, the leader staffs of the GBV and GBW, and the Reich Defense officials.“(4) Chief office officials for the Reich defense (RV-Referenten) and their deputies are commissioned by the deputy of the leader, by the Reich Chancellery, by each Reich Ministry, by the Reich Leader of the SS and chief of the German police, by the Reich work leaders, by the Reich Forest Master, by the Chief Inspector for the German Road Net, by the Reich Office for Regional Order, by the Reichsbank directorate, and in the Prussian state ministry. RV-Referent and his deputy are immediately subordinate to the minister or the state secretary, and to the chief of the Reich office, resp.” (2194-PS)
“The Reich Defense Committee[Reichsverteidigungsausschuss] (RVA):
“(1) The Reich Defense Committee is the working Committee of the RVR. It prepares the decisions of the RVR, sees to their execution, and secures collaboration between armed forces, chief Reich offices, and party.
“(2) Presiding is the chief of the OKW. He regulates the activity of the committee and gives the directions to the GBV and GBW and to the Reich ministries not subordinated to them and to the chief Reich offices according to the decisionsof the RVR, which directions are necessary for securing their uniform execution.
“(3) The RVA is composed of the OKW, deputy of the commissioner for the four year plan, the leader staffs of the GBV and GBW, and the Reich Defense officials.
“(4) Chief office officials for the Reich defense (RV-Referenten) and their deputies are commissioned by the deputy of the leader, by the Reich Chancellery, by each Reich Ministry, by the Reich Leader of the SS and chief of the German police, by the Reich work leaders, by the Reich Forest Master, by the Chief Inspector for the German Road Net, by the Reich Office for Regional Order, by the Reichsbank directorate, and in the Prussian state ministry. RV-Referent and his deputy are immediately subordinate to the minister or the state secretary, and to the chief of the Reich office, resp.” (2194-PS)
The GBV and the GBW mentioned in the portion quoted above are, respectively, the Plenipotentiaries for Administration and for Economy. Under them were grouped other ministries, some of which were already permanent members of the Council. By paragraph 3 of the Secret Law the following were made subordinate to the Plenipotentiary for Administration: the Ministers of the Interior, Justice, Science and Education, Churches; the Reich Authority for Spatial Planning; and, for limited purposes, the Minister of Finance. Subordinate to and under the direction of the Plenipotentiary for Economy (a position formerly held by Schacht under the title “War Economy” and later held by Funk) were the ministers of Economics, Food, Agriculture, Labor, and for limited purposes, the Reich Finance Ministry and the Reichsbank; the Reich Forest Master; and the Commissioner for Price Control from the 4-Year Plan.
Paragraph 5 of the law (2194-PS) shows that subordinated to the Chief of the OKW were the Reich Postal Minister, the Reich Transportation Minister, and the General Inspector for German Highways.
This concentration of power by the Cabinet was for one purpose only: to plan secretly with the strongest means at hand for the waging of aggressive war. Further evidence of this objective is contained in an affidavit by Frick covering the place, activities, and scope of the Reich Defense Council, including the Three-Man College (2986-PS):
“I, Wilhelm Frick, being first duly sworn, depose and say:“I was Plenipotentiary for Reich Administration (Generalbevollmaechtigter fuer die Reichsverwaltung) from the time when this office was created, until 20 August 1943. HeinrichHimmler was my deputy in this capacity. Before the outbreak of the war my task as Plenipotentiary for Reich Administration was the preparation of organization in the event of war, such as, for instance, the appointment of liaison men in the different ministries who would keep in touch with me. As Plenipotentiary for Reich Administration, I, together with the Plenipotentiary for Economy and OKW formed what was called a ‘3-Man College’ (Dreierkollegium). We also were members of the Reich defense Council (Reichsverteidigungsrat), which was supposed to plan preparations and decrees in case of war which later on were published by the Ministerial Council for the Defense of the Reich. Since, as soon as the war started, everything had to be done speedily and there would have been no time for planning, such measures and decrees were prepared in advance in case of war. All one then still had to do was to pull out of the drawer the war orders that had been prepared. Later on, after the outbreak of the war, these decrees were enacted by the Ministerial Council for the defense of the Reich.“(Signed)Dr. Wilhelm Frick” (2986-PS).
“I, Wilhelm Frick, being first duly sworn, depose and say:
“I was Plenipotentiary for Reich Administration (Generalbevollmaechtigter fuer die Reichsverwaltung) from the time when this office was created, until 20 August 1943. HeinrichHimmler was my deputy in this capacity. Before the outbreak of the war my task as Plenipotentiary for Reich Administration was the preparation of organization in the event of war, such as, for instance, the appointment of liaison men in the different ministries who would keep in touch with me. As Plenipotentiary for Reich Administration, I, together with the Plenipotentiary for Economy and OKW formed what was called a ‘3-Man College’ (Dreierkollegium). We also were members of the Reich defense Council (Reichsverteidigungsrat), which was supposed to plan preparations and decrees in case of war which later on were published by the Ministerial Council for the Defense of the Reich. Since, as soon as the war started, everything had to be done speedily and there would have been no time for planning, such measures and decrees were prepared in advance in case of war. All one then still had to do was to pull out of the drawer the war orders that had been prepared. Later on, after the outbreak of the war, these decrees were enacted by the Ministerial Council for the defense of the Reich.
“(Signed)Dr. Wilhelm Frick” (2986-PS).