Your Honors will also recall defendant Goering's directive in Document No. EC 410, now USA Exhibit No. 298, also introduced a few moments ago, that all industrial enterprises in the Government General not absolutely necessary for the maintenance of the naked existence of the polish population must be removed to Germany. A bare and naked existence, by the precepts of the conspirators, meant virtual starvation. was, of course, absolutely no hope. They were, in effect, deported to their graves. The defendant Frank, by his own admissions, had dedicated himself to their complete annihilation. I refer Your Honors to the Frank Diaries, conference volume 1941, October to December, which is Document No. 2233 PS, D, which was introduced by Major Walsh as USA Exhibit No. 281. The particular statement I want to call your attention particularly to is page 4, Document No. 2233-PS. I believe it appears at page 77, lines 9 and 10 of the German text. I quote this from the Defendant Frank's statement:
"We must annihilate the Jews, wherever we find them, and wherever it is possible."
I turn next to that aspect of the conspirators' program which involved the forcible Germanization of persons in the incorporated area who were deemed to possess German blood. I refer now again to incorporated area to persons who were deemed to possess German blood. Such persons, the evidence will show, were given the choice of the concentration camp, or submission to Germanization. Himmler was the chief executioner of this program, and initially I should like to introduce a few documents which disclose the powers bestowed upon him, and his conception of his task.
First, I offer in evidence Document No. 686-PS. This is USA Exhibit No. 305. This is a copy of a secret decree signed by Hitler and Defendants Goering and Keitel, dated 7 October 1939, entrusting Himmler with the task of executing the conspirators' Germanization program. This particular document came from the Ministerial Collection Center of Kassel, Germany. I quote from page 1, line 9 to 21 of the English text. In the German text this extract appears at page 1, lines 13 to 25. Page 1, lines 13 to 25 I quote:
"The Reichsfuehrer SS --" that was Himmler, "has the obligation in accordance with my directives:
1. To bring back for final return into the Reich all German 2. To eliminate the harmful influence of such alien parts of 3. The forming of new German settlements by re-settling, and and administrative measures for the execution of this obligation."
Himmler's conception of his tasks under this decree are plainly stated in the foreword which he wrote for the "Deutsche Arbeit" issue of June/July 1942. The foreword is contained in Document No. 2915-PS, now USA Exhibit No. 306. I quote from the first 4 lines of the English text. The German text appears at page 157:
"It is not our task," Himmler wrote, "To Germanize the East in purely German, Germanic blood live in the East."
Signed "Himmler."
I next offer in evidence Document No. 2916-PS, which is USA Exhibit No. 307. This document contains various materials taken out of "Der Menscheneinsatz" 1940, a confidential publication issued by Himmler's Office for the Consolidation of German Nationhood. I quote initially from lines 7 to 11, of page 1. In the German text, these extracts appear at page 51, first four lines under the letter "D". I quote:
"The removal of foreign races from the incorporated Eastern in the German East.
This is the chief national political task, by the "Reichsfuhrer" SS, Reich Commissioner for the strengthening of the national character of the German people."
I next quote from lines 33 to 39 of page 1 of the English text. In the German text, these extracts appear on page 52, lines 14 to 20. I quote:
"...there are the following primary reasons, which make the 1. Prevention of a further increase of the Polish intelligentsia, 2. Increase of the population by racial elements desirable for the agriculture and industry."
their Germanization program in conquered Eastern areas by a speech delivered by Himmler on 14 October 1943. This speech was published by the National Socialist Leadership, south, of OKW. The document came to us through the Document Section, 3rd U. S. Infantry Division. Excerpts from this speech are set forth in L-70, which is U.S.A. Exhibit No. 308. I quote all of the English text, and in the German text, these excerpts appear at page 23, lines 6 to 11, 12 to 15, 20 to 23, and page 30, lines 7 to 16. Himmler said, and I quote:
"I consider that in dealing with members of a foreign be some racially good types.
Therefore, I think that it stealing them.
Either we win over any good blood that or we destroy that blood."
tinuation of the English text, I believe, continuing, Himmler stated. I quote:
"For us the end of this war will mean an open road to the that ..... the fetching home of 30 million human beings of a people of 120 million Germanic souls.
That means that we shall be the sole decisive power in Europe.
That means further out to the East."
exhibits, which have been offered in evidence, the conspirators contrived a Racial Register in the incorporated area of Poland. The Racial Register was in effect an elaborate classification of persons deemed to be of German blood, and contained provisions setting forth some of the rights, privileges and duties of the persons in each classification. Persons were classified into four groups:
(1) Germans who had actively promoted the Nazi cause.
(2) Germans who had been more or less passive in the Nazi (3) Persons of German extraction who, although previously (4) Persons of German descent, who had been "politically absorbed by the Polish nation", and who would be 1940, issued by Himmler as Reich Commissioner for the Consolidation of German Nationhood, and it is contained in document number 2916-PS, previously introduced in evidence.
It is USA Exhibit No. 307, that is 2916-PS. I quote from page 4 of the English text, lines 14 to 46. In the German text, these extracts appear at page 92, lines 29 to the end of the page, and lines 1 to 9 of page 93. I quote:
"The list of ethnic Germans will be divided into four parts (limited to inter-office use).1. Ethnic Germans who fought actively in the ethnic struggle.
2. Ethnic Germans, who did not actively intervene in favor 3. Persons of German descent, who became connected with community.
To this group belong also persons of non German descent who live in a people's mixed marriage German spouse has prevailed.
Persons of Masurian, 4. Persons of German descent, politically absorbed by the Polish nation (renegades). Persons not included on "Members of groups 1 and 2 are ethnic Germans who will be used for the reconstruction in the East.
The differentation Socialist Party; primarily only members of group 1 should be "Members of groups 3 and 4 have to be educated as full "The establishment of members of group 4 has to be based interest of a foreign nation.
Against these who refuse re Germanization, Security Police measures are to be taken."
extraction was later carried over in a decree of 3 March 1941, signed by Himmler and the Defendants Frick and Hess. This decree is dated 4 March 1941, and is set forth in the "Reichsgesetzblatt" 1941, Part 1, page 118. We ask the Tribunal to take judicial notice thereof. execution of these decrees. Proof of this fact is contained in Document No. R-112-PS, which is USA Exhibit No. 309, and I now offer it in evidence. This exhibit contains directives issued by Himmler as the Reich Commissioner for the Consolidation of German Nationhood. I quote first from the last two paragraphs of the English text of the directives, 16 February 1942, which is on page three of this exhibit. In the German text this provision appears on page one of the first decree, dated 16 February 1942, paragraph 1 and 2. The directive provided and I now quote:
"1. Where Racial Germans have not applied for entry in the "German Ethnical List," you will instruct the subordinate agencies to turn over their names to the State Police (Superior)
II. The Local State Police (Superior) Office, will charge "German Ethnical List."
"If such proof is not submitted, the person in question is to be camp."
The measures taken against persons in the fourth category - "Polonized Germans" as the conspirators called them - were particularly harsh. These persons were resistant to Germanization, and ruthless measures calculated to break their resistance were prescribed. Where the individual's past history indicated that he could not be effectively Germanized, he was thrown into a concentration camp. II on page 5 of Document No. R 112-PS, and I quote in full from the English text of that particular paragraph. This passage is set forth in the German text at pages 2 to 3 of the second decree dated 16 February 1942, under Roman numeral II. This is what the directive provides:
"II. The Re-Germanization of the Polonized Germans presupposes their complete separation from Polish surroundings. For that reason the persons entered in Division 4 of the German Ethnical List are to be dealt with in the following manner:
"A. They are to be re-settled in Old Reich territory.
"1. The Superior SS and Police Leaders are charged with tions which will follow later."
"2. A social persons and others who are of inferior heredi SS and Police Fuehrer (Inspectors of Security Police and Security Service) to the competent State Police (Superior) Office.
The latter will arrange for their "3. Persons with a particularly bad political record will not be included in the resettlement action.
Their Fuehrer (Inspectors of Security Police and Security Service) to the competent State Police (Superior) "The wives and children of such persons are included in the Germanization measures.
Where the concentration camp.
In such cases the children are to "Persons are to be considered as having a parti German nation to a very great degree -- e.g., who par Germans, etc."
in the incorporated areas, the conspirators, as previously indicated, undertook to settle large numbers of Germans of proven Nazi convictions in that area. This aspect of their program is clearly shown by an article by SS Oborgruppenfuehrer and General of the Police, Wilhelm Koppe, who was one of Himmler's trusted agents.
Excerpts from this article are contained in Document No. 2915-PS, which was earlier introduced as USA Exhibit No. 306. I quote from the second paragraph of the English text of this exhibit. The German text appears at the third line from the bottom of page 170, going over to the first full paragraph of page 171. I now quote Kappe's statement:
"The victory of the German weapons in the East must therefore if the regained Eastern sphere -- according to the Fuehrer's will -of the Greater German Reich.
It is therefore of decisive importance to penetrate the regained German region with German farmers, laborers, civil servants, merchants, and artisans so that a living and deep-rooted bastion of German people can be formed as a protective wall against foreign infiltration, and possibly as a starting point for the racial penetration of the territories farther East."
THE PRESIDENT: We will adjourn now for ten minutes.
CAPTAIN HARRIS: Yes, sir.
(Whereupon a recess was taken from 1535 to 1600 hours.)
CAPTAIN HARRIS: Up to this point we have been speaking of the German measures in the incorporated area. I should like now briefly he turn to the Germanization program an the Government General. the *---* who qualified as Germans by the conspirators' standards. Hence little would be served by the introduction of a Racial Register, categorising persons of German extraction on the model of the one instituted in the incorporated area, and to our knowledge no such Racial Register was prescribed in the Government General. Rather, the plan seems to have been (a) to make the Government General a colony of Germany, which-as your Honors will recall from document 3364-36 which has been introduced as USA Exhibit 297 -which was the objective expressed by the Defendant Frank and (b) to create two so-called "German Island Settlements" in the productive farming areas. These Island Settlements were to be created by an influx of German persons who faithfully adhered to the principles of National Socialism.
In this connection I offer in evidence document No *---*-PS This is USA Exhibit No. 310. These are secret notes bearing the date line: Department of the Interior, Krakow, 30th March, 1942, and they concerned Himmler's statements upon the "planned Germanization" of the Government General. This document was obtained from the Third Army Intelligence Center at Freising, Germany and I now quote from page 2 of the English text, from line 3 to the end of the report. This appears in the German text at page 2, line 21, to the end of the report. The document states, and I quote:
"The Reischsfuehrer SS (Himmler) developed should first be filled; afterwards it is intended least.
Into the Government General perhaps newly transplanted from European nations.
An not been issued.
In any case, it is wished populations.
Hitherto, it has been always most quickly to the desired nationalization."
No. 2233-PS-H. This is Defendant Frank's Diary, 1941, volume II, page 317. This is USA Exhibit No. 311. I quote from the last sentence at the bottom of our page 3 of the English text of this exhibit. In the German text this passage appears on page 317, lines 25 to 28. English text is at the bottom of page 3, the last sentence. Defendant Frank stated in this Diary, and I quote: "Thanks to the heroic courage of our soldiers, this territory has become German, and the time will come when the valley of the Vistula, from its source to its mouth at the sea, will be as German as the Valley of the Rhine." earlier, that is, the conspirators' plans to confiscate the property of Poles, Jews and dissident elements. As I previously mentioned, the evidence will show that these plans were designed to accomplish a number of objectives. In so far as the Jews were concerned, they were part and parcel of the conspirators' over-all program of extermination. Confiscation was also a means of providing property for German settlers and of rewarding those who had rendered faithful service to the Nazi State. This phase of their program likewise made available dispossessed Polish farmers for slave labor in Germany, and operated to further the conspirators' objective of preventing the growth of another generation of Poles. property of Poles in furtherance of their Germanization and slave labor program is contained in document No. 1352-PS, previously introduced by Mr. Dodd as USA Exhibit No. 176. This exhibit contains a number of reports by one, Kusche, who appears to have been one of Himmler's chief deputies in Poland.
Mr. Dodd quoted from one of Kusche's confidential reports, dated 22nd May, 1940, at our page 4, paragraph 5 of the English text. In the German text it is at page 9, lines 16 to 18. In this statement Kusche pointed out that it was possible, without difficulty, to confiscate small farms and that -- and I now quote -- "The former owners of Polish farms together with their families will be transferred to the old Reich by the employment agencies for employment as farm workers."
the same Exhibit and bearing the same date -- 22 May 1940. I think the upper right-hand corner numbers might simplify it. The report from which I now quote is marked secret and is entitled "details of the confiscation in the Bielitz country". Initially, I should like to quote from the last paragraph at the bottom of page 1 of this Exhibit. This Exhibit, you will recall, is 1352-PS, last paragraph at the bottom of page one. The German text is at page 11, paragraphs 1 and 2. Kunsche stated, and I quote:
"Some days ago the commandant of the concentration camp being built at Auschwitz spoke at Staff Leader Muller's and requested support for the carrying out of his assignments. He said that it was absolutely necessary to confiscate the agricultural enterprises within a certain area around the concentration camp, since not only the fields but also the farm houses of these border directly on the concentration camp. A local inspection held on the 21st of this month revealed the following: there is no room for doubt that agricultural enterprises bordering on the concentration camp must be confiscated at once. Further than this, the camp commandant requests that further plots of farm land be placed at his disposal, so that he can keep the prisoners busy. This too can be done without further delay since enough land can be made available for the purpose. The owners of the plots are all Poles". this same exhibit. The German text is at page 12, paragraph 2, continuing through to line 22 from the top of the page. I quote:
"I had the following discussion with the head of the labor office in Bielitz:
"The lack of agricultural laborers still exists in the old Reich. The transfer of the previous owners of the confiscated enterprises, together with their entire families to the Reich is possible without any further consideration. It is only necessary for the labor office to receive the lists of the persons in time, in order to enable it to take the necessary stops (collection of transportation, distribution over the various regions in need of such labor)".
the English text. The German text appears at page 13, the last three lines, continuing through to page 14, line 9:
"The confiscation of these Polish enterprises in Alzen will also be carried out within the next few days. The commandant of the concentration camp will furnish SS men and a truck for the execution of the action. Should it not yet be possible to take the Poles from Alzen to Auschwitz" and Auschwitz, Your Honors will recall, is where the concentration camp was; continuing the quote - "they should be transferred to the empty castle at Zator. The liberated Polish property is to be given to the needy racial German farmers for their use." issued a decree on September 17, 1940. This decree appears in the "Reichsgesetzblatt", 1940, Part I, page 1270, and I ask the Tribunal to take judicial notice of it. Under Section 2 of this decree, sequestration of movable and immovable property, stores, and other intangible property interests of Jews and "persons who have fled or are not merely temporarily absent" was made mandatory. In addition, sequestration was authorized under Section 2, sub-section 2, if the property were required "for the public welfare, particularly in the interests of Reich defense or the strengthening of Germanism." By section 9 of this decree, issued by Defendant Goering, confiscation of sequestrated property was authorized "if the public welfare, particularly the defense of the Reich, or the strengthening of Germanism, so requires." However, section 1, sub-section 2, of the decree provided that property of German nationals was not subject to sequestration and confiscation; and section 13 provided that sequestration would be suspended if the owner of the property asserted that he was a German. The decree, on its face, indicates very clearly a purpose to strip Poles, Jews, and dissident elements of their property. It was, moreover, avowedly, designed to promote Germanism.
We ask the Court to take judicial notice of it. It is in the Reichsgesetzblatt.
required that a determination be made in each case involving the property of a Pole that the property was required "for the public welfare, particularly in the interests of Reich defense or the strengthening of Germanism." The answer as supplied by the conspirators was firm and clear; In any case in which the property of a Pole is involved, the "strengthening of Germanism" required its seizure. In this connection, I offer in evidence Document No, R-92, which is US Exhibit No. 312. This document, which is dated 15 April 1941, bears the letterhead of the Reich Leader SS, Commissioner for the Consolidation of German Nationhood, and is entitled "Instruction for internal use on the application of the law concerning property of the Poles of 17 September 1940." This document was captured by the U.S. Counter Intelligence Branch. I quote from page 2, lines 11 to 14 of the English text. In the German text this statement appears at page 3, paragraph 2, sub-paragraph 2. I quote:
"The conditions permitting seizure according to section II, subsection 2, are always present if the property belongs to a Pole. For the Polish real estate will be needed without exception for the consolidation of the German nationhood." 24 January 1940, authorizing sequestration "in connection with the performance of tasks serving the public interest", and liquidation of "anti-social or financially unremunerative concerns." The decree is embodied in the "Verordnungsblatt" of the General Government, No. 6, 27 January 1940, page 23, and we ask the Tribunal to take judicial notice of it. The undefined criteria in this decree obviously empowered Nazi officials in the Government General to engage in wholesale seizure of property. The magnitude of the conspirators' confiscation program in Poland was staggering. I ask Your Honors to turn to the chart on the 6th page of Document No. R-92, which was introduced a moment ago into evidence as US Exhibit No. 312. 693,252 estates, comprising 6,097,525 hectares, had been seized, and 9,508 estates, comprising 270,446 hectares had been confiscated by the Estate Offices Danzig, West Prussia, Poznan, Zichenau, and Silesia. This, it will be noted, represented the seizure and confiscation of only four offices.
to Czechoslovakia. At this point of the proceedings we shall introduce only one document upon Czechoslovakia. This one document, however, contains a startling revelation of the conspirators' plans to Germanize Bohemia and Moravia. It relates how three plans, each characterized by its severity, were discussed, and finally how the Fuehrer decided on plan (c), which involved the assimilation of about one half the Czech population by the Germans and the extermination of the other half. Moreover, the plan envisaged a large influx of Germans whose loyalty to the Fuehrer was unquestioned. I offer this document in evidence. It is document No.862-PS, and it is U.S.A. Exhibit No. 313.
This is a top secret report dated 15 October 1940, which was written by General Friderici, Deputy General of the Wehrmacht in Bohemia and Moravia. On the face of the document, it appears that only four copies were made. The document we offer in evidence is the original document, which was found among the captured files of the OKW. This document bears the handwritten letters "K" and "J" on the first page on the left-hand side, and I am advised that the handwriting is unquestionably that of Defendants Keitel and Jodl. I quote the document in its entirety:
"On 9 October of this year the office of the Reich protector held an official conference in which State Secretary SS Lt. General K.H. Frank spoke about the following:" -- SS Gruppenfuehrer K.H. Frank, it may be noted, was Secretary of State under Defendant Von Neurath, who at the date of this report was the Protector of Bohemia and Moravia. Continuing this quotation:
THE PRESIDENT: Who did you say Frank was?
CAPTAIN HARRIS: Frank is SS Gruppenfuehrer, and he was Secretary of State under Defendant Von Neurath. He is not the Defendant Hans Frank. At the date of this particular report Von Neurath, under whom K.H. Frank served, was the protector of Bohemia and Moravia. Continuing the quotation:
"Since creation of the Protectorate of Bohemia and Moravia, Party agencies, industrial circles, as well as agencies of the central authorities of Berlin have had difficulties about the solution of the Czech problem.
"After ample deliberation, the Reich Protector expressed his views about the various plans in a memorandum. In this way, three ways of solution were indicated:
"a) German infiltration of Moravia and reduction of the Czech nationality to a residual Bohemia. This solution is considered unsatisfactory, because the Czech problem, even if in a diminished form, will continue to exist.
"b) Many arguments can be brought up against the most radical solution, namely, the deportation of all the Czechs.
Therefore, the memorandum comes to the conclusion that it cannot be carried out within a reasonable period of time.
"c) Assimilation of the Czechs, i.e. absorption of about half of the Czech nationality by the Germans, insofar as this is of importance by being valuable from a racial or other standpoint. This will take place, among other things, also by increasing the Arbeitseinsatz of the Czechs in the Reich territory (with the exception of the Sudeten German border district), in other words, by dispersing the closed Czech nationality.
"The other half of the Czech nationality must be deprived of its power, eliminated and shipped out of the country by all sorts of methods. This applies particularly to the racially mongoloid part and to the major part of the intellectual class. The latter can scarcely be converted ideologically and would represent a burden by constantly making claims for the leadership over the other Czech classes and thus interfering with a rapid assimilation.
"Elements which counteract the planned Germanization ought to be handled roughly and should be eliminated.
"The above development naturally presupposes an increased influx of Germans from the Reich territory into the Protectorate.
"After a discussion, the Fuehrer has chosen solution (c) (Assimilation) as a directive for the solution of the Czech problem and decided that, while keeping up the autonomy of the Protectorate on the surface, the Germanization will have to be carried out in a centralized way by the office of the Reich Protector for years to come.
"From the above no particular conclusions are drawn by the armed forces. This is the direction which has always been represented from here. In this connection, I refer to my memorandum which was sent to the Chief of the Supreme Command of the Armed Forces, dated 12 July 1939, file number 6/39, top secret, entitled: "The Czech Problem." (Attached as annex).
"The Deputy General of the Armed Forces with the Reich Protector in Bohemia and Moravia."
"(Signed) FRIDERICI Infantry Lt. General."
further upon some parts of this memorandum. First, I invite your attention to solution (a). This solution would have called for German infiltration into Moravia and the forcible removal of the Czechs from that area to Bohemia. As your Honors know, Moravia lies between Bohemia and Slovakia.