legislation of the pseudo-government of Vichy, but this legislation was imposed upon the French authorities by the defendants, and especially by the defendant Sauckel. The action which Sauckel brought against the government of Vichy to force it to favor the deportation of workers into Germany was exercised in four periods. I shall briefly review for the Tribunal the history of these four Sauckel actions. after the appointment of the defendant as Plenipotentiary for labor. The German armament industry had an urgent need of workers. The service of the Arbeitseinsatz had decided to recruit 150,000 specialists in France. Sauckel came to Paris in the month of Juno 1942. He had several conversations with French ministers. Otto Abetz, German ambassador in Paris, presided over these meetings. They brought about the following results: faced with the repugnance of French authorities to establish forced labor, it was decided that the recruiting of the 150,000 specialists would be carried out by a pseudo-voluntary enrollment. This wasthe beginning of the so-called exchange operation to which I have already drawn the attention of the Tribunal. and that despite an intensification of German propaganda, the number of voluntary enrollments remained at a minimum. The German authorities then put the Vichy Government in a position to proceed to forced enrollment. addressed by the German Dr. Michel, Chief of the Administrative Section of the Gernal Staff, to the General Delegate for Franco-German economic relations. This is French Document 530, which I shall submit to the Tribunal as 45, French Exhibit 59:
"The President promised Gauleiter Sauckel, Secretary General in charge of the Department of Labor, to make every effort to send to Germany by way of reinforcing the German war economy, the German armament economy, 350,000 workers of whom 150,000 should be metal workers. The French Government proposed originally to solve this problem by recruitment, in particular by special offers.
This method has been abandoned and that of voluntary enrollment has been attempted with a view to the liberation of prisoners. The months which have passed have demonstrated that the end in viewcannot be achieved by means of voluntary recruiting. In France, German armament orders have increased in volume and assumed a more marked and urgent character. Besides, the accomplishment of special tasks has been asked, which can be successfully carried out only by having recourse to a very considerable number of workers. In order to assure the realization of the tasks for which France is responsible in the domain of labor supply, the French Government must be asked henceforth to put into execution the following measures: First of all, the publication of a decree relative to the change of place of work. By virtue of this decree, the place of work cannot be abandoned and labor cannot be hired without the approval of certain specified services. Second, the institution of the obligatory dedaration of all persons out of work, as well as those who do not work during the whole working day or in a permanent manner. This obligatory statement will make it possible to determine as fully as possible the reserves that are still available. Third, the publication of a decree for the mobilization of workers for important tasks relating tothe policy of State. This decree is to furnish (a) the necessary labor for Germany; (b) the workers necessary in France for the carrying out of orders which have been transferred here for special tasks. Fourth, publication of a decree safeguarding the formation of young specialists. This decree must impose upon French enterprise, French factories and industry the obligation of forming by means of apprenticeship and systematic professional education, young workers possessing adequate special qualifications for the military commander. Signed: Dr. Michel."
Dr. Michel's letter forms the basis for the law relative to the utilization and the orientation of labor. It is the law of September 4, 1942, which I have just filed with the Tribunal.
and 50 who did not have employment susceptible of occupying them more than 30 hours a week were forced to state this at the city hall where they resided. A decree of September 19, 1942, and an enabling directive of September 22 provided regulations for the different phases of the statement.
Sauckel's first action was achieved on a legislative plane. The defendant only had to dip into the labor resources which were established by it. But the resistance of the French workers caused his recruiting plan to fail. This is why Sauckel undertook his section action beginning in January, 1943. of Compulsory Labor, properly speaking. Until then, workers had been the only victims of the policy of force of the defendants. The latter understood the demagogic argument which they could derive from this de facto situation. They explained that it was inadmissible that the working classes of the occupied territory be the only ones to participate in the German war effort. They required that the basis of forced labor be enlarged by the establishment of the Bureau of Compulsory Labor.
This was established by two measures. A directive of February 2, 1943, prescribed a general census of all French of masculine sex born between the 1st of January 1912 and the 1st of January 1921. The census took place between the 15th and 23rd of February. It had just entered in force when the law and decree of February 16, 1943 appeared. These regulations established the Bureau of Compulsory Labor for all young men born between the 1st of January 1920 and 31st of December 1922. I file it with the Tribunal under French No's 60 and 61, and I ask the Court to take judicial notice of it. which was not in the domain of common law, is substantiated by numerous documents. I particularly draw the attention of the Tribunal to four of these which permit us to retrace the activities of the Defendant Sauckel during the months of January and February 1943.
of his administration an order of the Fuehrer which the Defendant Speer had communicated to him. This is Document 556-PS-13, which I file with the Tribunal under No. 62. I shall read its first paragraph. First of all:
"1. On January 4, 1943, at 8:00 o'clock in the evening
THE PRESIDENT: What number?
M. HERZOG: 62, Mr. President.
THE PRESIDENT: Thank you.
M. HERZOG: "January 4, 1943, at 8:00 o'clock in the evening, Minister Speer telephones from the General Headquarters of the Fuehrer to give the information that according to a decision of the Fuehrer it is no longer necessary in the future, when the taking on of specialists and auxiliaries in France is to be made, to have any particular regard for the French when they likewise in the said country exercise pressure and use more severe measures to the end of procuring the necessary labor."
On January 11, 1943, the Defendant Sauckel was in Paris. He attended a meeting which brought together at the Military Commander's all responsible officials of the Labor Bureau. He announced that new measures of constraint were to be taken in France. I refer you to the transcript of the meeting which constitutes Document 1342-PS, which I file with the Tribunal under No. 63. I shall read from page 2 of the French translation, page 1, fourth line of the second paragraph of the German original:
"Gauleiter Sauckel thanks everybody for the successful carrying out of the first project. Already now, from the beginning of the new year, he considers himself obliged to announce new severe measures, a great need of labor making itself felt for France as well as for the Reich armament industry."
I skip to the end of the paragraph. I shall read from the next paragraph:
"The situation on the front calls for 700,000 soldiers fit for frontline service. For this purpose, the armament industry would have to drop to 200,000 key workers by the end of March, I have received an order from the Fuehrer to find new workers in replace these very fine skilled workers for unskilled, I shall need for this 150,000 French specialists, while the other 50,000 can be drawn from Holland, Belgium, and other occupied countries. In addition, 100,000 unskilled French workers are necessary for the Reich. By the second action of recruitment in France it would be necessary that by the middle of March 150,000 skilled workers and 100,000 unskilled workers and women be transferred to Germany."
The Defendant Sauckel went back to Germany a few days later. On February 16 he was in Berlin at the meeting of the Central Office of the Four Year Plan.
He gave a commentary of the law which was to appear that very day, in France, and revealed that he was the instigator of it. included under No. R-124, which I submitted this morning to the Tribunal under No. 30. I shall read an extract from this document which my American colleagues have not read. It is page 7 of the French translation of the document, page 2,284-5 of the German original.
"This is the situation in France. After my collaborators and myself have succeeded, after difficult discussions, in convincing Laval to establish the service of compulsory labor, this obligation to labor has been extended, thanks to our pressure, so successfully that since yesterday -- even yesterday -three French classes have been called. This is why we are now legally qualified to recruit in France, with the assistance of the French Government, workers of the three classes whom we shall be able to employ henceforth in French factories, but among whom we shall be able to choose some for our own needs in Germany and send them to Germany."
In fact, the Defendant Sauckel returned to France on February 24. I offer in evidence to the Tribunal the letter which he addressed to Hitler before his departure to inform him of his trip. It proves the continuity of the action of Sauckel. The letter constitutes Document 556-PS-25, which I lodge with the Tribunal under No. 64, and I shall read it:
"Director General of the Labor Service to the Fuehrer. General Headquarters of the Fuehrer. "My Fuehrer:
"I allow myself herewith to take leave of you before undertaking my voyage of service which has been already arranged for France. Reich, as soon as possible, workers capable of replacing German workers to the benefit of the Wehrmacht. May I add that the Marshal Keitel and General von Unruh have received a communication from me to the effect that half of these workers intended to replace German workers in the key industries, that is, 125 French qualified specialists, had arrived already in the Reich on January 1, 1943, that a corresponding mobilization for the benefit of the Wehrmacht might take place.
I shall now assure myself in France that the second half shall arrive in the Reich by the end of March, or earlier if possible. The first French program was executed by the end of December.
"The second object of my visit is to assure the necessary labor for the French workshops in order to permit the carrying out of the programs provided for France, of Grand Admiral Doenitz and Gauleiter Kauffmann.
"Third, to assure the labor necessary for the other German armament programs which are in process in France.
"Fifth, to prepare supplementary labor in agreement with Secretary of State Backe, in view of intensifying French agricultural production.
"Sixth, to have the much needed conversations with the French Government on the subject of labor service, the call of classes, and so forth, in view of activating the recruitment of labor for the benefit of the German war economy."
THE PRESIDENT: I think that is a good time to break off.
(Whereupon at 1700 hours the hearing of the Tribunal adjourned to re convene at 1000 hours, January 19, 1946.)
on 19 January, 1946, 10.05 - 13.00,
M. HERZOG: Mr. President, your Honors.
At the end of yesterday's session I was expounding to the progressively imposed in France.
I reached the second action of the application of the law of February 16.
The rhythm of these seinsatz formulated immediately new requirements.
April 9, 1943, 120,000 workers during the month of May; 100,000 during the month of June.
In June he made it known that he wished to bring about Sauckel's third action was going to begin.
It was to be of the military conscription class of 1942.
All exemptions In reality Sauckel's third action was especially manifested deportation by means of forced recruiting.
I offer in evidence three 27 June, 1943.
Drafted by the Defendant, upon his return from a of French workers for the second half of 1943.
It concerns the 500,000 French workers be deported to Germany.
This letter, "Weimar, 27 June, 1943.
"My Fuehrer:
"I allow myself herewith to inform you of my return from "Inasmuch as the reserves of workers in the territories "In my report of April 4, I pointed out it was at present "The object of my visit, which I have just made to Paris, was and personal studies, to engage still other workers.
After having "1. Since, in France, the measures concerning the war the execution of German orders.
In this case it will be possible "2. While taking account of those measures, it is possible, "The necessary conditions for the carrying out of this program "1. A close collaboration of all the German services, "2. A constant study of the French economy and by means of combined commissions, as they have been provided for by Mr. Speer, "3. Constant, skillful propaganda producing its effect against "4. The providing of an adequate food supply for the French "5. An energetic demonstration of these necessities before "6. A perceptible development of the program which I have trades useful to the war economy."
"I beg you in consequence, my Fuehrer, please to be good enough "Yours faithfully and obediently, Fritz Sauckel."
The document to which I would now like to draw the Tribunal's Sauckel's program.
A note drawn up on 28 July, 1943, by Dr. Stothfaug, under the stamp of the Delegation of Employment Fuehrer.
It is the report of a discussion Sauckel had with the Fuehrer.
It is document 566-PS-41, which I bring forward to the Tribunal under the French document number 66.
I shall limit "Paragraph D. The transfer provided for the end of the year Fuehrer."
on the strength of Hitler's approval, attempted to realize his program by working on the French Government.
This document is a letter from Sauckel to Hitler.
It is dated 13 August, 1943, upon the Defendant's return from a trip to France, Belgium and Holland.
It is document 556-PS-43. I shall read it to the Tribunal. It "Weimar, August 13, 1943.
"My Fuehrer:
"I will allow myself to inform you of my return from France, Belgium and Holland, where I have made a trip.
In the course of its carrying out:
in France with the military commandant, the embassy of Germany, the French Government; in Belgium with the "The progran provides:
"1. The transfer to France of one million workers, men and industry in France.
This measure is to permit a new and important "2. The taking on of 500,000 French workers for Germany.
"3. In order to make futile any passive resistance of of labor services of the German Gau.
It is only in this manner potential and to obtain its full activity.
The French Government has accepted."
"4. A program was established in Belgium for the employment has been done in agreement with the military commandant in Belgium."
"A program has likewise been worked out for Holland, providing from the Dutch civil industries."
Such was Sauckel's program in 1943. His plan was partly for the Four Year Plan on March 1, 1944.
The Tribunal will remember that it concerns document R-124., which I read yesterday.
I shall
THE PRESIDENT: What is the number of that?
M. HERZOG: Document number 30, second paragraph, first page.
"In autumn of last year the recruiting program, to the extent great extent.
I need not give the reasons in this circular. We has been smashed."
he had encountered in 1943. In 1944 he attempted to realize a the transfer of four million foreign workers to Germany.
This latter.
The report on this conference makes up document 1292-PS.
"The results of the conference:
"1. The Plenipotentiary for Employment of Labor shall procure at least four million new workers from occupied territories."
conference of the Central Office for the Four Year Plan. Yesterday explanation, under the document number 20.
I read today from page 2 "Conclusion of the 53rd session of the Office of the Central
THE PRESIDENT: Did you say document 20?
M. HERZOG: Yes, document 20.
"Campaign of labor recruiting in 1944.
"1. Among the German internal reserves one might, with an extraordinary" effort, mobilize approximately 500,000."
"2. Recruiting of Italian labor to the number of 1,500,000, "3. Recruiting of French labor in monthly quantities.
, to "4. Recruiting of labor in Belgium 250,000.
"5. Recruiting of labor in Low Countries 250,000."
an important contingent of workers. Since the 15th of January measures:
the adoption of the procedure called the combing of appropriate to deport.
They proceeded to claim them and to have the legislative plan of the actions led by Sauckel.
It extends No. 69, and I request that it take judicial note of it.
furnished by a report of the Defendant to Hitler. This report bears the date of 25 January, 1944.
It was, therefore, prepared during Sauckel action.
It constitutes document 556-PS-55. I present it before the Tribunal No. 70.
I shall read this document.
"25 January, 1944.
"My Fuehrer:
"The French Government, as well as Marshal Petain, have on the "The Marshal did not express himself in agreement on the subject "Inasmuch as this constitutes nevertheless a great progress, "The French Government likewise accepted my demand that might even include the death sentence.
I have not allowed a doubt "Your ever devoted and faithful, Fritz Sauckel."
reference. For a long time the French authorities expressed categorical opposition to the introduction of feminine labor.
The the French Government.
I have already read this letter to the Tribunal, No. 65.
I shall not revert to it, but I do wish to did not appease his demands.
His miscontent and his will to constitute 1289-PS.
I present them under French document "(1) The problem of women.
At the time of the promulgation After long hesitation the G.B.A. responsible for the work gave its "This agreement was granted under the reservation, however, that the provisions of contingents demanded were met.
In the contrary case the G.B.A. would reserve to itself the right of taking new measures.
Inasmuch as the contingents were far from order that it extend the service of obligatory labor to women."
as to utilize all of France's manpower. The French resistance execution of the Sauckel plan.
The Defendant, however, had planned of the landing of the allied armies.
I quote again document 1289-PS, "Measures for the utilization of labor in the case of invasion.
reserve. In view of the actual situation of labor in Germany, it "Orders for the Wehrmacht to assure the security in the carrying out of these measures are indispensable.
For an ordinance of the Fuehrer the following text is proposed."
deportation. However, he undertook its execution. The deportations territory.
Several hundred thousand French workers were at that same manner as in France.
The Defendants imposed upon the Norwegian by force.
I cite in this respect the preliminary report on the of Norway.
I submit it to the Tribunal, and I quote an excerpt from it that bears the number UK-19.
It is French document number 72, "The result of Sauckel's order in Norway has been the "Terboven and Quisling have openly admitted that the law had "In a speech of 2 February Terboven declared among other things attempt to oppose its execution."
use of a direct procedure. The compulsory labor service was organized by decrees of the occupying power.
In Belgium these are the Reich Commissar.
I remind the Tribunal of the fact that the principle of compulsory labor in Belgium.
It appeared in the Belgium Verordnungsblatt of 1942, page 845.
I submit it to the deportation of workers to Germany.
This deportation was ordered by Verordnungsblatt of 1942, page 1060.
I submitted it to the Tribunal "Q On 6 October, 1942, there appeared an ordinance which "A I was commander-in-chief for Northern France and Belgium.
"Q Does the witness recall having promulgated this ordinance?
"A I do not remember exactly the text of this ordinance because it was made following a long dispute with the labor deputy Sauckel.
"Q Did you have any trouble with Sauckel?
"A I was fundamentally opposed to the establishment of compulsory labor, and consented promulgating the ordinance only after receiving orders.
"Q Then this ordinance was not brought up on the initiative of von Falkenhausen himself?
"A On the contrary.
"Q Who gave instructions in such matters?
"A I suppose that at that time Sauckel was already in possession of the responsibility for manpower and that at that time he gave me all instructions on Hitler's orders." translation, the fourth paragraph:
"Q Since you were opposed to this idea of compulsory labor, didn't you react when you received these instructions?
"A There were unending battles between Sauckel and myself. In the end this contributed to a large extent to my resignation." tors in Belgium by the defendant Sauckel in order to impose on them his plan of recruitment by force is equally demonstrated by two documents which I have produced to the Tribunal. Under Number 67 the Tribunal will remember that it is the report addressed on the 13th of August 1943 by Sauckel to Hitler on his return from France, from Belgium and from Holland. the Netherlands. I request the Tribunal to retain the institution of forced enrollment in the occupied Netherland territories for the accusation of the defendant Seyss-Inquart just as well as for the accusation of Sauckel. of the Netherland workers. Whether they bear his signature of were issued at his order they established all the more the responsibility of the defendant who in his quality as Reich Kommissar derived his powers directly from the Fuehrer.