"Up to 15 July 1944 the following had been scientifically inventoried: 5,281 paintings, pastels, water-colors, drawings. 2,477 articles of furniture of value to art history 583 textiles (Cobelins, rugs, embroideries, Coptic materials) precious stones). 1,286 East Asiatic art works (bronzes, plastics, porcelains, paintings, folding screens, weapons) 259 art works of antiquity (sculptures, bronzes, vases, jewellery bowls, cut stones, terra-cottas)." an adequate conception of their value.
I refer again to the statement in the document thus quoted: The extraordinary artistic and material value of the seized art works cannot be expressed in figures, and that they are objects of such a unique character that their evaluation is entirely impossible. These thirty-nine volumes are by no means a complete catalogue. They present, at the most, pictures of about 2,500 of the art objects seized, and I ask you to imagine that this catalogue had been completed and in the place of thirty-nine volumes we had 350 to 400 volumes. In other words, if they were prepared in inventory form as these thirty-nine volumes to cover all of them, it would take 350 to 400 volumes. but before we do that, which is the end of this part of the presentation, I should like to call your Honors' attention to document 015-PS. It is dated April 16, 1943. It is a copy of a letter from Rosenberg to Hitler. The occasion for the writing of this letter was the birthday of the Fuehrer, to commemorate which Rosenberg presented some folders of photographs of pictures seized by the Einsatzstab. I imagine, although we have no authentic evidence, that probably some of these were prepared for that occasion. In the closing paragraph of the letter, Document 015-PS, he says:
"I beg of you, my Fuehrer, to give me a chance during my next audience to report to you orally on the whole extent and scope of this art seizure action. I beg you to accept a short written intermediate report of the progress and extent of the art seizure action, which will be used as a basis for this later oral report, and also accept three copies of the temporary picture catalogues which, too, only show part of the collection you own. I shall deliver further catalogues which are now being compiled, when they are finished." of the Fuehrer, tastes which were satisfied at the expense of a continent, and I quote:
"I shall take the liberty during the requested audience to give you, my Fuehrer, another twenty folders of pictures, with the hope that this short occupation with the beautiful things of art which are nearest to your heart will send a ray of beauty and joy into your revered life."
THE PRESIDENT: Will you read all the passage that you began; five lines above that?
COLONEL STOREY: Just a moment, sir.
THE PRESIDENT: Beginning with the words, "These photos represent -
COLONEL STOREY: "These photos represent an addition to the collection of fifty-three of the most valuable objects of art delivered some time ago to your collection. This folder also shows only a small percentage of the exceptional work and extent of these objects of art seized by my service command, Dienststelle, in France, and put into a safe place in the Reich." a few of these photographs. The photographs of paintings which we are now about to project on the screen are taken from a single volume of the catalogue and are merely representative of the many volumes of pictures of similar works. The other items, photos of which are to be projected, were picked from various volumes on special subjects. For example, the Gobelin tapestry which you are about to see is merely one picture from an entire volume of tapestry illustrat Each picture that you will see is representative of a number of volumes of similar pictures, and each volume from which these single pictures were taken represents approximately a tenth of the total number of volumes which would be necessary to illustrate all the items actually plundered by the Einsatzstab. We will now have the slides; just a few of them. painter Palma Vecchio. Velasquez. Sir Joshua Reynolds.
decorated with pearls. East Asiatic Art.
century, of Spanish origin. seen is merely representative of a large number of similar items illustrated in the thirty-nine volume catalogue, which is in itself only partially complete. There is little wonder that the Fuehrer's occupation with these beautiful things of art, which were nearest to his heart, should have sent a ray of beauty and joy into his revered life. I doubt that any museum in the world, whether the Metropolitan in New York, the British Museum in London, the Louvre in Paris or the Tretiakov Gallery in Moscow could present such a catalogue as this; in fact, should they pool their treasures the result would certainly fall short of the art collection that Germany amassed for itself, at the expense of the other nations of Europe. Never in history has a collection so great been amassed with so little scruple. armies have recovered most of such treasures, principally hidden away in salt mines, tunnels, and secluded castles, and the proper governmental agencies are now in the process of restoring these priceless works of art to their rightful owners. the 5th of July 1942, from Doctor Lammers, Reichs Minister and Chief of the Chancellory, to the highest Reich authorities and services directly subordinate to the Fuehrer. This letter states and implements the Hitler order that was introduced in evidence, and explains that the Fuehrer delegated authority to Rsenberg's staff to search for and seize cultural property by virtue of Reichsleiter Rosenberg's position as representative of the Fuehrer for the supervision of the whole ideological and political education of the NSDAP. ing this office that Defendant Rosenberg occupied a place within the Reichsleitung or Party Directorate of the Leadership Corps.
That is U.S. Exhibit 370, and it is simply offered for the purpose of showing the address to the highest Reich authorities and services directly subordinate to the Fuehrer. the Defendant Rosenberg protested against the arbitary removal by the SD and other public services--libraries, monastaries, and other institutions--and he proposed that in the claims, by the SD and his representative, the final regulation as to the confiscation should be made by the Gauleiter. This letter has been offered previously as 071-PS, and I quote, beginning with next to the last sentence at the bottom of page one of the English translation--I am sorry, your Honor, that is in the other book, and I will--it is in that big book. I am sorry, this refers to the big book.
THE PRESIDENT: You cited 071 this morning.
COLONEL STOREY: Yes, sir, and I will forego that at the moment, your Honor, because it refers back to the other book. Finally, in connection with the presentation of this subject, I submit that the summary of evidence establishes that the defendants and their conspirators, Rosenborg and Bormann, acting in their capacity as political leaders of the Leadership Corps of the Nazi Party and as members thereof, participated in the conspiracy or common plan alleged in Count I of the Indictment, and committed acts constituting the crimes alleged. Accordingly, we submit (1) The Leadership Corps of the Nazi Party is a group or organization in the sense in which those terms are used in Article 9 of the Charter; (2) The defendants and their conspirators, Rosenberg, and Bormann, committed the crimes defined in Article 6 of the Charter, and in that capacity as members of the political leaders of the Leadership Corps of the Nazi Party. of the Leadership Corps of the Nazi Party to direct, engage, and participate in the execution of the conspiracy which contemplated and involved the commission of the crimes as defined in Article 6 of the Charter.
was identified in the beginning - I believe by Major Wallis - and it was taken from the book, "The Face of the Party"--taken from the publication which is entitled, "The Face of the Party". This chart emphasizes clearer than I can state the total and thorough control over the life of the German beginning at the age of ten at the bottom of the chart, and continuing through the various categories on up through.
Notice the age of ten to fourteen, the Jungvolk. Then it goes to the Adolph Hitler School on the right, twelve to eighteen. The Hitler Jugend, fifteen to eighteen. The SA; the NSKK; NSFK; nineteen to twenty. And then the labor service over at the left. And then again to the SA; SS; NSKK; NSFK; and then into the Wehrmacht, and on up through to the top box on the left of the top row of men, the political leaders of the
NSDAP. And then finally all of those buildings up there, as I understand, are the academies of the NSDAP.
And then finally at the top to the politi cal leaders of the German Volk, showing the evolution.
This is the final The next presentation is the Reich Cabinet, the Reichsregierung.
We will take just a few moments; three or four moments.
attention to. I simply refer to it for the record. In one of the previous that is, the staff's operational expenses, were financed by the Nazi Party.
mentioning. If the Tribunal please, I now offer document Book "X", which Colonel Dostert's staff has prepared a chart of the Reichsregierung in different languages, and I believe your Honors have copies.
There is one especially concerned with this case.
They have one copy in German. I don't know who it is-
THE PRESIDENT: You mean counsel for the Reich Cabinet?
COLONEL STOREY: Yes, sir. May I say also by preliminary reference, Cabinet, and that was by the Defendant Keitel.
As I understand, only one We will now consider the Reichsregierung.
Some preliminary remarks Albrecht in his comments upon the Government chart.
It will be necessary, history of the country.
As with other cabinets of duly constituted body.
The Nazi conspirators realized this only too well. Their aim machinery of theState.
And this they did. Under the Nazi regime the agent of the Nazi Party with functions and policies formulated in accordance with the objectives and methods of the Party itself.
The institution of the Reichsregierung became--at first gradually and then with more rapidity--polluted by the infusion of the Nazi conspirators into the Cabinet. Many of them--16 to be exact--sit before you today in the dock. There was no plan, scheme or purpose--however vile or inhuman or illegal in any sense of the word--that was not clothed with the semblance of legality by the Nazi Reichsregierung. It is for that reason that we will ask this Tribunal--after the proof has been offered-to declare that body, as defined in the Indictment, to be a criminal organization. The proof will be divided into two main categories-the first of which will tend to establish the composition and nature of the Reichsregierung under the Nazis, as well as delineating briefly its functions and powers; while the second will tend to establish--and conclusively we believe--the reasons why the brand of criminality should be affixed to that group.
The term Reichsregierung literally translated reads "Reich Government". Actually, as we said, it was commonly taken to refer to the ordinary Reich Cabinet. In the Indictment the term Reichsregierung is defined to include, not only those persons who were members of the ordinary Reich Cabinet, but also persons who were members of the Council of Ministers for the Defense of the Reich and the Secret Cabinet Council. However, the really important subdivision of the three is--as the proof will show--the ordinary cabinet. Between it and the other two there was in reality only an artificial distinction. There existed, in fact, a unity of personnel, action, functions, and purpose that obliterated any academic separation. As used in the Indictment, the term "ordinary cabinet" means Reich Ministers, that is, heads of departments of the central government; Reich Ministers without portfolio; State Ministers acting as Reich Ministers; and other officials entitled to take part in meetings.
held positions in the ordinary cabinet. Seventeen of them are defendants before the Tribunal. Bormann is absent. Of the remaining 31, eight are believed to be dead. the trusted henchmen, and then, when new governmental agencies or bodies were created, either by Hitler or the cabinet itself, the constituents of these new bodies were taken from the roles of the ordinary cabinet. January, there were ten ministries that could be classified as departments of the central government. I have here a typed copy of the minutes of the first meeting of that cabinet. These were found in the files of the Reichs Chancellery and bear the typed signature of one Weinstein, who was described in the minutes as responsible for the protocol, the counsellor of the ministry. That document already appears in Document B, but I again refer the Tribunal to Page 4 of the translation, which is Document 351, as shown in your Document Book, and contains a list of those present.
THE PRESIDENT: 351-PS?
COLONEL STOREY: Yes, sir, 351-PS, US Exhibit 389.
The ten ministers referred to therein are set forth. They are -and I read:
"Reichsminister Foreign Affairs, the Defendant Von Neurath; Reichsminister of the Interior, the defendant Frick; Reichsminister of Finance, von Krosigk; Reichsminister of Economy," and then I skip to the bottom of the page: "Reichsminister of Food and Agriculture, Dr. Hugenberg; Reichsminister of Labor, Seldte; Reichsminister of Justice --" No name is given. The post was filled two days later by Guertner; Reichs Defense Minister, von Blomberg; and the Reichs Postmaster General and Reichsminister for Transportation, von Eltz Ruebenach. as a Reichsminister. He had no portfolio then, and as Reichs Commissar for Aviation.
Dr. Peregke was there as Reichs Commissar for Procurement of Labor. Two State Secretaries were present; Dr. Lammers of the Reichs Chancellery and Dr. Meissner of the Reichs Presidential Chancellery.
THE PRESIDENT: In the copy I have, the defendant Goering appears as the Reichs Minister for Aviation.
COLONEL STOREY: Yes, sir. I mentioned that he appears as Reichs Minister and as Reichs Commissar for Aviation.
THE PRESIDENT: I don't see that. Oh, I see. I was reading from the first two pages of the document. You were reading from page 4?
COLONEL STOREY: Yes.
THE PRESIDENT: Very well.
COLONEL STOREY: I am informed that the Ministry was created later, but it is given as Reichs Commissar for Aviation. and the defendant von Papen was present as Deputy of the Reichs Chancellor and Reichs Commissar for the State of Prussia. into which leading Nazi figures were placed. On 13 March 1933 the Ministry of Popular Enlightenment and Propaganda was created. The decree setting it up appears in the 1933 Reichsgesetzblatt, Part I, page 104, our document 2029-PS. decrees, as we have mentioned in the previous proceeding. and Propaganda. On 5 May 1933 the Ministry of Air; Reichsgesetzblatt 1933, Part I, page 241; our document 2089-PS. On 1 May 1934 the Ministry of Education. I refer to 1934 Reichsgesetzblatt, Part I, page 365, our document 2078-PS. On 16 July 1935 the Ministry for Church Affairs, 1935 Reichsgesetzblatt, Part I, page 1029, our document 2090-PS. The defendant Goering was made Air Minister; Berhard Rust, Gauleiter of South Hanover, was named Education Minister, and Hans Kerrl named Minister for Church Affairs.
Two ministries were added after the war started. On 17 March 1940 the Ministry of Armaments and Munitions was established. 1940 Reichsgesetzblatt, Part I, page 513, our document 2091-PS. The late Dr. Todt, a high Party official, was appointed to this post. The defendant Speer succeeded him. The name of this department was changed to "Armaments and War Production" in 1943. 1943 Reichsgesetzblatt, Part I, page 529, our document 2092-PS. On 17 July 1941, when the seizure of Eastern territories was in progress, the Ministry for the Occupied Eastern Territories was created.
The decree appointing the defendant Rosenberg to the post of Minister of this department has already been received in evidence as USA Exhibit 319. Defence, which was later called War. This took place in 1938 when on 4 February Hitler took over command of the whole Armed Forces. At the same time he created the "Chief of the Supreme Command of the Armed Forces" or, in other words, the Chief of the OKW. This was the defendant Keitel. The decree accomplishing this change is published in the 1938 Reichsgesetzblatt, Part I at page 111. It appears in our Document Book as 1915-PS, and I would like to quote a brief portion of that decree. It begins at the bottom of the second paragraph:
"He--"referring to the Chief of the Supreme Command of the Armed Forces--" is equal in rank to a Reichs Minister.
"At the same time, the supreme command takes the responsibility for the affairs of the Reichs Ministry of War, and by my order, the chief of the supreme command of the Armed Forces exercises the authority formerly belonging to the Reichs Minister." in question should be noted. The post of vice-chancellor was never refilled after the defendant von Papen left on 30 July 1934. ordinary cabinet also contained Reich Ministers without portfolio. Among these were the defendants Hans Frank, Seyss-Inquart, Schacht, after he left the Economics Ministry, von Neurath, after he was replaced as Ministry of the Interior. There were other positions that also were an integral part of the cabinet. These were the Deputy of the Fuehrer, the defendant Hess, and later his successor, the Leader of the Party Chancellery, the defendant Martin Bormann; the Chief of Staff of the SA, Ernst Roehm, for the seven months prior to his assassination; the Chief of the Reich Chancellery, Lammers, and as we have already mentioned, the Chief of the OKW, the defendant Keitel. These men had either the title of or rank of Reich Minister. I have already read portions of the law creating the Chief of the OKW where his importance in Cabinet affairs is delineated.
The importance of the defendants Hess and Bormann will be soon expounded, while that of the Chief of the Reich Chancellery, Lammers will also soon become self-evident. isters. Only two persons fell within this category--the Chief of the Presidential Chancellery, Otto Meissner, and the State Minister of the Protectorate of Bohemia and Moravia, K. H. Frank. In addition, the Indictment names--as belonging to the ordinary cabinet "others entitled to take part in Cabinet meetings." Many governmental agencies were created by the Nazis between the years 1933 and 1945, but the peculiarity of such creations was that in most instances such new posts were given the right to participate in cabinet meetings. Here the list is long but significant. Thus, those entitled to take part in Cabinet meetings were the Commanders in Chief of the Army and the Navy; the Reich Forest Master; the Inspector General for Water and Power; the Inspector General of German Roads; the Reich Labor Leader; the Reich Youth Leader; the Chief of the Foreign Organization in the Foreign Office; the Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior, the Prussian Finance Minister; and the Cabinet Press Chief. cabinet. They were all positions of such common knowledge and notoriety that the Tribunal can judicially notice. Further, they all appear on the chart, entitled "Organization of the Reich Government" which was authenticated by the defendant Frick and is in evidence as Exhibit USA No. 3, which Mr. Albrecht introduced on the second day of the trial. They are also provable by laws and decrees published in the Reichsgesetzblatt and by notices in the semi-official monthly publication entitled "Das Archiv" which was edited by an official of the Ministry of Popular Enlightenment and Propaganda--all of which are also within the judicial notice purview of this Tribunal.
Does Your Honor wish to adjourn at 12:45?
THE PRESIDENT: Yes, perhaps we had better.
(Whereupon at 1245 hours the hearing of the Tribunal adjourned to reconvene at 1400 hours.)
Military Tribunal, in the matter of: The
COLONEL STOREY: If the Tribunal please, the persons who held these posts in the ordinary cabinet varied between the years 1933 to 1945. Although it is not encumbent upon us to prove who they were-since the group and not the individuals are under consideration--nevertheless their names are already before this Tribunal in the original governmental chart, USA Exhibit No. 3. Since it will be of interest to the Tribunal to see what persons--and 17 of them are defendants--held what positions in the Cabinet, a table has been prepared which lists all the departments and posts I have mentioned and the encumbents thereof during the years 1933 to 1945. The German equivalents of the titles are also shown and, with the permission of the Tribunal, I will now distribute this table to its numbers. Copies have likewise been filed in the Defendants Information Center, The table also is annotated with citations to sources verifying the facts shown--all of which, however--were of common knowledge during the period in question.
Diverting from the text: This is simply prepared for the convenience of the Tribunal in connection with studying the briefs, and the documents. As I said at the outset, the proof will show that there was only an artificial distinction between the ordinary cabinet, the Secret Cabinet Council and the Council of Ministers for the Defense of the Reich. This is evidenced in the first instance by the unity of personnel between the three subdivisions. Thus, on 4 February 1938, Hitler created the Secret Cabinet Council. If your Honors will refer to this big chart, you will notice under 1938, there is a red line pointing down to the Secret Cabinet Council created during that year. This decree appears in the 1938 Reichsgesetzblatt, Part I, at page 112. It is in our document book as Document 2031-PS and I should like to quote from this document.
THE PRESIDENT: It is not in Book X, is it?
COLONEL STOREY: It is under the Laws and Decrees Section.
"To advise me in conducting the foreign I nominate:
Reichsminister Freiherr von NEURATH;
nominate:
Reichsminister of the Exterior von RIBBENTROP;
Field Marshall Hermann GOERING;
The Fuehrer's Deputy, Reichsminister Rudolf Hess;
and of propaganda, Dr. Joseph GOEBBELS;
Dr. LAMMERS;
von BRAUCHITSCH;
Dr. (honorary) RAEDER;
Forces Lt Gen Wilhelm KEITEL". It will be noted that every member was either a Reichsminister or, as, in the case of the Army, Navy and OKW heads, had the rank and authority of a Reich Minister. Defense of the Reich or better known as the Ministerial Council. This was the so-called cabinet. The decree appears in the 1939 Reichsgesetzblatt, Part I, at page 1539. I now refer to Document 2018-PS of the Laws and Decrees from which I quote Paragraph 1:
"(1) A Ministerial Council for Reich Defense "(2) The standing members of the Ministerial Council for Reich Defense shall include:
General Field Marshall Goering as chairman;
Fuhrer's Deputy (the defendant Hess); Commissioner General for Reich Administration (the defendant Frick); Commissioner General for Economy (the def endant Funk); Reich Minister and Chief of the Reich Chancellery, Dr. Lammers; Chief of the High Command for the Armed Forces (the defendant Keitel). "(3) The chairman may draw on other members of the Reich advice."
Cabinet. But this use of the cabinet as a manpower reservoir from whom the trusted collaborators were selected becomes particularly poignant when we consider the actions of the Nazi conspirators which were not published in the Reichsgesetzblatt which were concealed from the world and which were part and parcel of their conspiracy to wage aggressive war. It rail have been noted that the decree setting up the Ministerial Council contained this language the one to which I have just referred:
"A Ministerial Council for Reich Defense shall be established as a standing committee out of the Reich Defense Council."
creation - by the Cabinet - on 4 April 1933 of this really secret war planning body. I refer the Tribunal to USA Exhibit #24, which appears in our Document Book as Document 2261-PS. That document contains the unpublished Reich Defense Law of 21 May 1935. As to the membership of that Council when first created, I have here a copy of the second session of the working committee of the delgates for Reich Defense, dated 22 May 1933 and signed by the Defendant Keitel. It appears in our Document Book as Document EC-177, USA Exhibit 3901. The composition of the Reich Defense Council appears on page 3 of the original, and also page 3 of the translation:
THE PRESIDENT: I thought you were going to refer to 2261-PS
COLONEL STOREY: If your Honor please, I just referred to it as being an exhibit already in evidence, and that it was one of the unpublished. Reich defense laws. That was the only purpose in referring to it.
THE PRESIDENT: All right. Where is it?
COLONEL STOREY: It is just this side of the Laws and Decrees, if your Honor please. ing at the top of the page:
"Composition of the Reich Defense Council: President: Reichs Chancellor. Deputy: Reichswehr Minister Permanent Members: Minister of the: Depending on the case: The remaining members, other personalities, e.g., leading industrialists, etc.
," All but the Chiefs of the Army and Navy Command Staff were then component parts of the ordinary cabinet. The composition of this Defense Council was changed in 1938. I refer the Tribunal to USA Exhibit #36, which appears in our Document Book as No. 2194-PS. This contains the unpublished Reich Defense Law paragraph 10, entitled, "The Reich Defense Council, of A September 1938.
I now quote from paragraph 10, entitled "The Reich Defense Council", which is found at page 4 of the copy of the law in the original, and I now quote from page 6 of the English translation at the top of the page:
(2) The leader and Reich Chancellor is chairman in the
RVR. His permanent deputy is General Field Marshal Goering.
He has the right to call conferences of the RVR.
Permanent members of the RVR are sulted if necessary.
Further personalities can be called as the case demands."
THE PRESIDENT: Colonel Storey, it would help me if you explained
COLONEL STOREY: If your Honor please, we were trying to show the cess, or at the will, in effect, of the Defendants.
I realize it is a potentiary for Economy.
The former post was held by the defendant Frick defendant Funk who signed the decree in that capacity.
These facts are verified by the defendant Frick on USA Exhibit No. 3 which is the Nazi ministries subordinated to them for war planning aims and purposes.
They shown in the three boxes down from 1935 to 1938 known as the "3-Man College" which figured prominently -- as the proof will disclose -- in the plans and preparations to wage aggressive war.