IMT: Documents on Suppression of the Christian Churches

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#31

Post by David Thompson » 31 Dec 2005, 03:36

Document 2352-PS, in Nazi Conspiracy and Aggression, Volume IV, US Government Printing Office, Washington DC: 1946, p. 1071
TRANSLATION OF DOCUMENT 2352—PS

THE ARCHIVE, Vol. 43-45, Page 1029
compiled by Ernst Jaenicke, Berlin,
Edited by Alfred-Ingomar Berndt.
Published by Otto Stollberg, publishers, Berlin, November 1937

[Kerrl said in a speech at Fulda, 27 November 1937 :]
We cannot recognize that the Church has a right to insure that the individual should be educated in all respects in the way in which it holds to be right; but we must leave it to the National Socalist State to educate the child in the way it regards as right.

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#32

Post by David Thompson » 31 Dec 2005, 03:54

Document 2403-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 71-72
PARTIAL TRANSLATION OF DOCUMENT 2403–PS

DOCUMENTS OF GERMAN POLITICS
[Dokemente der deutschen Politik] Vol. 1, Page 55-56.

C. The End of the Party State

Between the 27th of February and the 14th of July 1933, the Party State was finally eliminated in Germany. Hence, an event of gigantic historical importance took place during these four and one half months.

The blow of the Communist Party for which the Reichstag fire was to be a signal, has backfired on its originators. Already during the night of the 27th to the 28th of February the organization of the Communist party was completely smashed. * * *

On 9 March, the Reich Minister of the Interior, Frick, had already announced that the Communists would be prevented from participating in the session of parliament at the opening of the Reichstag on March 21st because of their being more usefully occupied. The preliminary law concerning the incorporation of the lands into the Reich of 31st March 1933 * * * legalized the elimination of the Communists as representatives of the German people which had already been carried out in practice. On the 26th of May 1933, the law concerning the confiscation of property of the Communists * * * dealt the final legislative blow to German Communism.

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While political organizations were broken up or disintegrated, their supporters wavered back and forth seeking shelter here and there; for instance, in individual cases in the "Stahlhelm" and in the German National "Kampfringe." Because of these conditions, the German National "Kampfringe" were dissolved on June 21st, 1933. The "Stahlhelm" prohibited in its formations "any party membership other than that of the NSDAP" according to the agreement of June 21st, 1933. * * * Numerous restraints had already been imposed on the activities of the Social Democratic Party by the measures of February 28. The backbone of the party was broken by the occupation of the buildings of the trade unions and the smashing of the Free trade unions on May 2, 1933. * * * A decree of the Prussian Minister of the Interior concerning the prohibition of activities of the Social Democratic Party of Germany was issued on June 22, 1933. * * * The order for safeguarding the state leadership of July 7, 1933 * * * annuls the mandates of the Social Democratic Party in German public corporations. The law concerning the confiscation of the property of enemies of the people and State of July 14, 1933, extended the provisions of the law concerning the confiscation of Communistic Property to the property of the Social Democratic Party and other organizations inimical to the State.

On June 27, 1933, the German National People's Party decided its dissolution "in recognition of the fact that the party state had succumbed," after an agreement with the Reich Chancellor * * * On July 4, 1933, the party chairman of the German People's Party, Dingeldey, announced the dissolution of his party. * * *

Also the parties of German catholicism, which were supposed to be deeply rooted, had-to bow to the law of the new order. On July 4, 1933, the Bavarian People's Party * * * and on July 5, 1933, the Center Party * * * published an announce ment of their dissolution.

The law against the recreation of parties of July 14, 1933 * * * concluded the liquidation of the Party State. Only recreation of parties was thereby prevented. A new epoch of German history began which was founded on the inseparable association of the State and the one party and movement of the NSDAP.

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#33

Post by David Thompson » 31 Dec 2005, 04:00

Document 2456-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 198-199
PARTIAL TRANSLATION OF DOCUMENT 2456-PS

HANDBOOK OF THE COLLECTED YOUTH LAWS
[Handbuch des Gesamten Jugendrechts]

Youth and the Church
Hitler Youth—Confessional Associations [Page 22]

Introduction:

The youth leader of the German Reich, in integration of all hitherto published regulations concerning joint membership in Hitler Youth and confessional youth associations, has issued a special ruling concerning Hitler Youth and confessional associations.

Hitler-Jugend and Catholic Youth:

Joint membership in the Hitler-Jugend (German Girls' League, Jungmaedel of the German Girls' League) and organizations of Catholic youth associations is forbidden on principle. An exception to this prohibition can be permitted locally only in cases of Catholic youh organizations which, since before the taking of power, had the task only of church-religious care of youth (congregations and similar groups). A prohibition of joint membership applies also to these associations when they have enlarged their own former spheres of duty in the present, and exercise a type of activity in their care of youth which is in conflict with the police decree concerning confessional youth associations. The decision as to whether or not a Catholic youth organization falls under the ban on joint membership is to be made by the regional leadership [Obergaufuehrung]. A recommendation from the appropriate State police is to be obtained for the decision.

Hitler-Jugend and Evangelical Youth:

Membership of Hitler-Jugend members (German Youngvolk, German Girls' League, Jungmaedel of the German Girls' League) in the organization of individual regional churches (Evangelical Youth Enterprise) is permitted. Approval of joint membership

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in Evangelical youth organizations may be withdrawn in cases of individual associations of Evangelical youth of which it is established that they have organizational, financial, or leadership ties with Evangelical youth organizations such as the Evangelical Young Men's Enterprise E. V. or the Y.M.C.A., etc.

The decision as to whether an evangelical youth organization is classified as an exception is to be made by the regional leadership [Obergaufuehrung]. A recommendation from the appropriate State police is to be obtained for the decision.

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#34

Post by David Thompson » 31 Dec 2005, 04:06

Document 2851-PS , in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, p. 512.
Party positions: 1. Leader of the Reich Foreign Political Office of the NSDAP Date: approximately May 1933. 2. Deputy of the Fuehrer to supervise the Entire Spiritual and Ideological schooling and education, of the NSDAP
Date: to the end.

/s/ A. Rosenberg 11 September 1945

Government positions. Reich Minister for the Occupied Eastern Territories
Date: 17 July 1941-to the end
Other semi-public positions None

/s/ A. Rosenberg. 11 September 1945

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#35

Post by David Thompson » 31 Dec 2005, 04:13

Document 2910-PS , in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, p. 579.
TRANSLATION OF DOCUMENT 2910-PS

POSITIONS HELD BY SEYSS-INQUART

1. Member of the NSDAP (Nazi Party) 13 March 1938-8 May 1945.
2. General in the SS, 15 March 1938-8 May 1945.
3. State Councillor of Austria, May 1937-12 February 1938.
4. Minister of the Interior and Security of Austria, 16 February-11 March 1938.
5. Chancellor of Austria, 11 March-15 March 1938.
6. Reich Governor of Austria, 15 March 1938-1 May 1939.
7. Member of the Reichstag, April, 1938-8 May 1945.
8. Member of the Reich Cabinet, 1 May 1939-1945.
9. Reich Minister Without Portfolio, 1 May 1939-September 1939.
10. Chief of the Civil Administration of South Poland, Early September 1939.
11. Deputy Governor-General of the Polish Occupied Territory, 12 October 1939-18 May 1940.
12. Reich Commissar for Occupied Netherlands, 18 May 1940-8 May 1945. (Started on 29 May 1940)

I certify that the above and foregoing correctly lists positions held by me from 1934 to 1945.
done at Nurnberg, Germany, 10 November 1945.

[signed] Arthur Seyess-Inquart
SEYSS-INQUART SEYSS ARTHUR

Witness to Signature:
/s/ W. Frank, Capt.
/s/ Gladys Picklesimer

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#36

Post by David Thompson » 31 Dec 2005, 04:28

The next document on the list -- 2928-PS (Affidavit of Mathias Lex) -- can be seen in the collection contained in this post (third from the top) at:

Documents on Nazi suppression of trade unions May 1933
http://forum.axishistory.com/viewtopic. ... 638#548638
Last edited by David Thompson on 31 Dec 2005, 04:39, edited 1 time in total.

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#37

Post by David Thompson » 31 Dec 2005, 04:35

Document 2972-PS: [Statement of Constantin von Neurath: Offices and Positions], in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, p. 679.
I certify that the following is an accurate statement of positions and honors held by me:

A. Member of NSDAP from 30 January 1937-1945. (Awarded Golden Party Badge, 30 January 1937.) NSDAP No. unknown. The presentation was made against my will and without my being asked.

B. SS General. SS number 287680.

1. Personally appointed Gruppenfuehrer by Hitler September 1937. Appointment was made against my will and without my being asked.

2. Promoted to Obergruppenfuehrer, 21 June 1943.

C. Reich Minister of Foreign Affairs.

1. Appointed by Papen on 2 June 1932.: Appointed by Reichpresident Hindenburg.

2. Appointed by Hitler 30 January 1933.: Appointed by Reichpresident Hindenburg.

3. Replaced by Ribbentrop on 4 February 1938.

D. Inactive Reichminister from 4 February 1938-May 1945.

E. President, Secret Cabinet Council (Appointed 4 February 1938). The Cabinet Council never sat nor conferred.

F. Member of Reich Defense Council from to 1945. No.

G. Reich Protector for Bohemia and Moravia.

1. Appointed 18 March 1939.

2. On leave from 27 September 1941.

3. Replaced by Frick, 25 August 1943.

H. Awarded "Adlerorden" by Hitler at time of appointment as Reichsprotektor. Ribbentrop was the only other German to receive this decoration.

[signed] Constantin von Neurath
CONSTANTIN von NEURATH
17 November 1945

[signed] Dr. von Luedinghausen, Defense Counsel
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#38

Post by David Thompson » 02 Jan 2006, 21:28

Document 2973-PS: [Statement of Baldur von Schirach: Offices and Positions], in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 679-680.
TRANSLATION OF DOCUMENT 2973-PS

CERTIFICATE
Nurnberg, Germany

I hereby certify and agree that the following positions in the NSDAP and the German Government were held by Baldur von Schirach at or within the times stated for each position, or, if no time is stated, at some point between 1924 and 1945.

1. Member of NSDAP, 1925-1945.

2. Member of Reichstag, 1932-1945.

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3. Reich Youth Leader on Staff of SA Supreme Command, holding rank of General [Obergruppenfuehrer], in the SA, 1933. (I was Gruppenfuehrer and Reich Youth Leader on Staff of SA Supreme Command from 1931 until 1932; from that time on I was made independent [Reichsleiter] and only kept my rank and title as Gruppenfuehrer and—since about 1941—Obergruppenfuehrer. )

4. Reichsleiter in the NSDAP for Youth Education, 1932-1945.

5. Leader of Youth in the German Reich (Jugend fuehrer des Deutschen Reiches), 1933-1940. (As "Jugendfuehrer des Deutschen Reichs" I belonged in 1933 to the Ministry of the Interior, then since 1936 to the Ministry of Education. On December 1, 1936 my office became "Oberste Reichsbehoerde.")

6. Leader of Hitler Jugend (Reichsjugendfuehrer der NSDAP) 1931-1940.

7. Reich Defense Commissioner for Vienna, 1940-1945.

8. Reichstatthalter of Vienna, 1940-1945.

9. Gauleiter of Vienna, 1940-1945.

10. Deputy to the Fuehrer for Inspection of the Hitler Youth (Beauftrager des Fuehrer fur die Inspektion der Gesamten Hitler Jugend), 1940-1945.

Signed : V. Schirach. Signed : Dr. Sauter, R.A.

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#39

Post by David Thompson » 02 Jan 2006, 21:32

Document 2973-PS: [Statement of Wilhelm Frick: Offices and Positions], in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 683-684.
TRANSLATION OF DOCUMENT 2978—PS

OFFICES AND POSITIONS HELD BY DEFENDANT WILHELM FRICK

It is hereby agreed that Wilhelm Frick, a defendant in the action pending before the International Military Tribunal, was appointed or elected, as the case may be, to the positions and held the offices entitled thereto during the time as set forth below :

1. Member of the Nazi Party, 1925-1945.

2. Reichsleader of the Nazi Party, 1933-1945.

3. Floor leader of the Nazi Party in the Reichstag, 1928-1945.

4. Minister of the Interior and of Education of Thuringia, 23 January 1930 to 1 April 1931.

5. Chief of Division, Munich Police Department, 1917 to 10 November 1923.

6. Official in the Social Insurance Office, Munich, 1926 to 23 January 1930 and 1 April 1931 to 30 January 1933.

7. Reichsminister of the Interior, 30 January 1933 to 20 August 1943.

8. Prussian Minister of the Interior, 1 May 1934 to 20 August 1943.

9. Reichsdirector of elections, 1933 to 20 August 1943.

10. Member of the Reichs Defense Counsel as General Plenipotentiary for the administration of the Reich, 21 May 1935 to 20 August 1943.

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11. Member of the Ministers' Council for the defense of the Reich, 21 May 1935 to 20 August 1943.

12. Reich Protector for Bohemia and Moravia, 20 August 1943 to 1945.

13. Reichsminister without portfolio, 20 August 1943. to 1945.

CERTIFICATE
I hereby certify that the above is true this 14 day of November 1945.
/s/ Frick
DEFENDANT
/s/ Dr. Pannenbecker
ATTORNEY FOR DEFENDANT

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#40

Post by David Thompson » 02 Jan 2006, 21:36

Document 2979-PS: [Statement of Hans Michael Frank: Offices and Positions], in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 684-685.
TRANSLATION OF DOCUMENT 2979-PS

Date 15 November 1945 Nurnberg, Germany

CERTIFICATE

I hereby certify and agree that the following positions in the Nationalsozialistischen Deutschen Arbeiterpartei and German government were held by Hans Michael Frank at, or within the times stated for each position, or, if no time is stated, at some point between 1927 and 1945:

1. Member of Nationalsozialistischen Deutschen Arbeiterpartei-1928-1945.

2. Member of the Reichstag [Mitglied des Reichstag]-19301945.

3. Reich Minister without portfolio-1934-1945.

4. Reich Commissar for the coordination of justice in the States and for reformation of the law "[Reichskommissar fuer die Gleichschaltung der Justiz in der Landern and fuer Erneuerung der Rechtsordnung], April 1933-December 1934, in the Ministry of Justice.

5. President, International Chamber of Law (1941-42).

6. President, Academy of German Law [Praesident der Akademie fuer Deutsches Recht] 1933-1942.

7. Governor-General of the Occupied Polish Territories [General gouverneur fuer die besetzten polnischen Gebiete] October 1939 to 1945.

8. Bavarian State Minister of Justice-March 1933 to December 1934.

9. Retchsleiter of Nationalsozialistischen Deutschen Arbeiterpartei-1933-1942.

10. Leader of National Socialist Lawyers Bund [Nationalsozialistischen deutscher Juristen] from 1933 to 1942.

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11. Editor or author of following between 1930 and 1942.

1. ("Deutsches Recht" (Magazine of Bund of National Socialist Jurists.

2. Magazine of Academy of German Law.

3. National Socialist Handbook for Law and Legislation.

/s/ Dr. Frank /s/ Dr. Seidl

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#41

Post by David Thompson » 02 Jan 2006, 22:05

Document 3261-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 1009-1015.
COPY OF DOCUMENT 3261-PS

VERBAL NOTE OF THE SECRETARIATE OF STATE OF HIS HOLINESS TO THE GERMAN EMBASSY
(Jan. 18th, 1942)

This is the answer to the German Embassy's Verbal Note, dated August 29th, 1941. The document sets forth the grave reasons of right and fact because of which the Holy See cannot agree to the requests put forward by the Government of the Reich about episcopal nominations.

The Secretariate of State of His Holiness has the honour to acknowledge the receipt from the honourable German Embassy to the Holy See of the Verbal Note of August 29th, 1941.

In that Verbal Note the honourable German Embassy com- municated to the Secretariate of State that "in view of the importance that attaches to the conferring of all the high offices of the Roman Catholic Church, the Government of the Reich cannot renounce the right to be heard before such offices are conferred; a right which belongs to it in virtue of its sovereignty."

It noted further that the Government "must, on the contrary, attach importance to its being given the possibility of having its difficulties of a general political character heard before the conferring of the offices of Archbishop, Bishop, Coadjutor with the right of succession and also of independent Prelate (Praelatus Nullius) in the entire 'new territory of the Reich, together with Alsace, Lorraine, Luxemburg and the freed territories of Lower Steyer, Kaernten, and Krain and also in the General Government area (Generalgovernement). Moreover the Government must claim this right also in cases where the administration of the above-mentioned ecclesiastical offices is to be in the hands of an Apostolic Administrator, or of a Vicar Capitular beyond a reasonable time or finally of any other diocesan administrator whatsoever."

At the same time the honourable German Embassy notified the Secretariate of State that "in the interest of uniformity in administration throughout the entire sovereign territory of the Reich, the Government must further attach importance to the fact that, within the old territory of the Reich also, the appointment of ecclesiastical dignitaries of the kind just mentioned (Apostolic Administrators, Vicars Capitular and other diocesan administrators) be not made unless the Government has been approached beforehand confidentially, and given the opportunity to submit for consideration any difficulties of a general political character it may at the time have against the proposed candidates."

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"The Government of the Reich," the Verbal Note concludes, "therefore asks the Holy See before conferring in future any Ecclesiastical offices of the kind mentioned above, to afford it, by means of an appropriate communication, the opportunity to submit for consideration any possible difficulties of a general political character."

In this connection the Secretariate of State is anxious above all to assure the honourable German Embassy that the Holy See, animated as it is by the liveliest desire to secure, as far as it is concerned, the genuine welfare of the German people, has been and is still sincerely disposed to do everything that it can, within the range of its rights and obligations, to improve the relations between the Church and the German State.

Of this disposition (not to mention many other noteworthy instances) the Holy Father gave a particularly solemn proof, immediately after his accession to the Pontifical Throne in the autograph letter, dated March 6th, 1939, to His Excellency the Fuehrer and Chancellor of the Reich.

In that letter His Holiness stated, among other things: calling with pleasure the long years during which, as Apostalic Nuncio in Germany, we gladly devoted all our efforts to have the relations between Church and State regulated and to make them more and more friendly through mutual understanding, ready cooperation, for the good of both parties, we now direct especially to the achievement of such an end the fulness most ardent desires, which are inspired and made possible by the responsibility of our office."

Yet, despite this keen desire of the August Pontiff, which His Excellency, the Fuehrer arid Chancellor of the Reich, in his reply of the following April 29th, said that he shared, the relations between Church and State in Germany are still far indeed from being what they ought to be, as alas is made manifest by the measures and acts which continue to multiply both in the territory of the Reich and in the occupied and annexed countries, measures and acts which gravely violate the rights of the Church, being contrary not only to the existing Concordats and principles of international law ratified by the Second Hague Conference, but often—and this is much more grave—to the very fundamental principles of divine law, both natural positive.

Let it suffice to recall in this connection, among other things, the changing of the Catholic State elementary schools into interdenominational schools; the permanent or temporary closing of many minor seminaries, of not a few major seminaries and of

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some theological faculties; the suppression of almost all the private schools and of numerous Catholic boarding schools and colleges; the repudiation, decided unilaterally, of financial obligations which the State, Municipalities, etc. had towards the Church; the increasing difficulties put in the Way of the activity of the religious Orders and Congregations in the spiritual, cultural and social field and above all the suppression of Abbeys, monasteries, convents and religious houses in such great numbers that one is led to infer a deliberate intention of rendering impossible the very existence of the Orders and Congregations in Germany.

Similar and even graver acts must he deplored in the annexed and occupied territories, especially in the Polish territories and particularly in the Reichsgau Wartheland for which the Reich Superintendent has issued, under date of September 13th last, a "Decree concerning Religious Associations and Religious Societies" [Verordnung ueber religoese Vereinigungen and Religiongesellschaf ten] in clear opposition to the fundamental principles of the divine constitution of the Church.

If all this has been and still is reason for profound regret on the part of the Holy See—a regret that is equally shared by the Catholics of Germany and of the entire world—it has not however availed to cool the ardent desire to see the Catholic religion restored to a satisfactory position in the Reich and in the territories dependent on it, through a betterment of the relations between the Holy See and the Government.

As to what concerns the wishes expressed by the Government of the Reich with regard to the filling of the high offices of the Catholic Church, the Secretariate of State cannot but agree with the Government as to the importance attaching to appointments to all these high offices.

In fact the person appointed to govern a diocese in fulfilling his spiritual mission, naturally comes to defend and encourage those same principles of virtue, order, discipline and social justice by which the State wishes the conduct of its citizens to be guided.

The fact however that the choice of a candidate for such an office contributes also to the good of the State and for that very reason has an interest for the Government, does not suffice to give the Government a right to intervene in any way in the choice itself, any more than the fact that the appointment of an upright, just, dispassionate State official, not hostile to the Church, has a particular importance for the religious authorities, does not confer on them the right to intervene in the appointment itself.

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The Secretariate of State, moreover, takes the liberty to remind the honourable German Embassy that the Church, founded by Christ and hence existing divine right, directed towards the achievement of supernatural ends assigned exclusively to her, for the attainment of which she is—in virtue of her divine constitution—provided with adequate means, is a perfect judicial society and, in her own order, supreme.

It possesses consequently a sphere of action which is exclusively its own, and within which it acts in complete independence.

Hence it follows that with regard to the Church's procedure in general and in particular with regard to her internal government and especially her choice of those who are to preside over it, the State cannot invoke or ask to have considered rights deriving from the sovereignty which undoubtedly belongs to it in its own order but which cannot but be restricted to its sphere of civil and political action.

This right of the Church to provide, in complete independence of the civil power, for the government of ecclesiastical provinces is confirmed by the fact that in those Nations in which no special agreements are in force between the Holy See and the Governments, these do not intervene in any way in appointments to dioceses, nor do they receive previous notification of such appointments, even though, as in the case of Brazil, Chile and Ireland example, they have full diplomatic relations with the Holy See.

If then some Governments, including that of Germany, enjoy special privileges even regarding episcopal appointments, this does not establish a native right of the civil authorities, but depends solely, as is well known, upon special agreements, in virtue of which the Holy See, precisely because of its supreme power in the ecclesiastical sphere (a power, moreover, that is acknowledged by the State which enters on such a solemn international pact with the Holy See) has made certain concessions, confining them always within clear and determined limits. And so true is it that for Germany, too, such a privilege is a concession of the Holy See, that both in the Concordat with the Reich and in that with Bavaria, before the privilege is conceded, an affirmation of principle is made about the Church's right to choose freely her holy Pastors.

In fact, in the Concordat with the Reich, in art. 14 it is stated: "The Catholic Church has in principle the right to confer freely all ecclesiastical offices and benefits, without the State or municipalities intervening * * *. Before the Bulls are despatched for the appointment of Archbishops, of Bishops, of a Coadjutor with the right of succession or of a Prelate Nullius, notice will

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given to the Reich Lieutenant in the State concerned of the name of the person chosen to make sure that no objections of a general political character exist against him".

In the Concordat with Bavaria, in art. 14 it is laid down: "The appointment of Archbishops and Bishops is the concern of the Holy See acting in full liberty. Before publishing the Bull, the Holy See will approach the Bavarian Government confidentially and make sure that there are no objections of a political order against the candidate".

It is always in virtue of a concession founded on a Concordat that other States of Germany enjoy a like privilege.

So in the Concordat with Prussia, in art. 6, 1 it is laid down : "The Holy See will not appoint any Archbishop or Bishop, without the Chapter after the election having first made sure from the Prussian Government that no objections of a political character exist against him". And in art. 7 : "The Holy See will not appoint any Prelate Nullius or Coadjutor of a diocesan Bishop with right of succession without having first ascertained from the Prussian Government that there do not exist objections of a political character".

In the Concordat with Baden, art. 3 lays down: 1. When the Archiepiscopal see falls vacant, the Chapter presents to the Holy See a list of canonically suitable candidates.. * *4 * 2. Before confirming the person elected, the Holy See will ascertain from the Ministry of State of Baden whether there exist against him on the part of the Government objections of a general political character, to the exclusion however of those regarding the political party". And in the final Protocol, concerning art. 3, it is laid down: "In the case of appointing a Coadjutor with right of succession to the Archbishop of Freiburg, the Holy See will take action after having consulted the Government of Baden".

As the honourable German Embassy will observe, in the Concordat provisions quoted above—and such provisions are, moreover, analogous to those agreed upon with other States—the privilege allowing that objections of a political character against a candidate be taken into Consideration—a pure concession founded on a Concordat—is limited expressly to Archbishops, Bishops, Coadjutors with right of succession and Prelates Nullius.

In fact, prescinding from the choice of Vicars Capitular which is made directly by the respective Chapters in conformity with the dispositions of Canon Law and without the intervention of the Holy See, it is not the practice and custom of the Holy See to grant the above mentioned privilege in cases of the appointment

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of Apostolic Administrators or, should the case require, of other Prelates called to govern a diocese during an interim, its intention being to reserve to itself entire liberty in the filling of offices which are of their nature extraordinary and transitory.

If the duration of such offices happens at times to be prolonged, that is to be attributed solely to special circumstances, entirely independent of the will of the Holy See and for which it certainly cannot be held in any way responsible.

The Secretariate of State deems it unnecessary to represent to the honourable German Embassy that were the privilege granted to the Government of the Reich to have objections of a general political character considered with regard to the appointment, within the territory of the Reich, of Apostolic Administrators and of other persons appointed ad interim to the government of the various ecclesiastical provinces, the way would be opened, as one can easily see, to complaints on the part of the other Governments which, no less than the Government of the Reich, attach importance to the above-named appointments but to none of which a similar concession has been made, not excepting even those which by their favourable treatment of the Church have earned for themselves particular merits.

Moreover, as to the request for the privilege to have observations of a general political character taken into account even in the territories not comprised in the old Reich and indicated in the above-mentioned Memorandum, both as regards Bishops and in the instances in which the government of the ecclesiastical provinces is entrusted provisionally, "beyond a reasonable time" to an Apostolic Administrator or to a Vicar Capitular or in fine to: any regent whatever, the Secretariate of State takes the liberty to remark that from what has been already said it follows that the concession of such a privilege would go against the noted traditional practice of the Holy See.

Furthermore the Holy See holds as a norm and constant practice of law, of prudence and of respect, determined by the highest moral and judicial principles, not to proceed, whatever agreements, or privileges be asked for by States, to innovations in the religious life of a country, in whatever way occupied or annexed in consequence of military operations, except when at the conclusion of hostilities the new conditions are formally recognized in the peace treaties or by the competent international organisms that may exist.

The Holy See held to this same practice during the last world war.

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Thus, to quote some examples, notwithstanding the fact that the Bishops of Metz and Strasbourg, Germans by nationality, following on the occupation of Alsace-Lorraine by French troops, had offered their resignations, the Holy See did not accept them until July 10th 1919 and did not grant the canonical installation of the two French prelates, their successors, until the following July 31st, that is, when the peace treaty had already entered into force.

The Holy See acted in a similar manner in the question of the delimitation of the ecclesiastical provinces of Poland. Notwithstanding the wish expressed by the Polish Government and the importance, even in the very interests of Religion, of a quick solution, the Holy See abstained from taking a final decision in this matter until an international juridical settlement had been reached in the controversy relating to the possession of Vilna. It was only after the well-known decisions reached on this question by the Conference of Ambassadors (March 14th 1923) and by the League of Nations (December 3rd 1923) that the Holy See, in art. IX of the Polish Concordat, signed on February 10th 1925, established the new ecclesiastical division of Poland.

Nor was there any difference in the procedure adopted in regard to other States that arose or were altered by reason of the treaties following the war of 1914-1918.

In consideration, therefore, Of such reasons, the Holy See while remaining always disposed to meet, within the limits determined for it by its rights and obligations, the legitimate wishes of the German Government, to its keen regret does not find itself in a position to grant the requests contained in the above mentioned Verbal Note of August 29th last.

Begging the honourable German Embassy to bring the above to the knowledge of its Government, the Secretariate of State takes occasion, etc.
* * * * * *

David Thompson
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#42

Post by David Thompson » 02 Jan 2006, 22:49

Document 3262-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 1015-1017.
COPY OF DOCUMENT 3262–PS

REPORT OF HIS EXCELLENCY THE MOST REV. CESARE ORSENIGO, PAPAL NUNCIO IN GERMANY, TO HIS EMINENCE THE CARDINAL SECRETARY OF STATE OF HIS HOLINESS, JUNE 27th, 1942.

His Excellency the Nuncio reports on the attitude of the Reich Government after the above referred Verbal Note of the Secretariate of State.

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As your Eminence communicated to me in your esteemed dispatch n. 7214/41, on September 24th last, this Government in its Verbal Note of August 29th 1941 (sent to the Holy See through the German Embassy) officially put forward the request that it should be enabled, by being informed beforehand, to raise objections of a general political character in all cases of nominations, of Archbishops, Bishops, Coadjutors with the right of succession, Prelates nullius, Apostolic Administrators, Vicars Capitular (in the event of their governing beyond a reasonable time) or of other diocesan rulers ; and this for "the entire new territory of the Reich together with Alsace, Lorraine, Luxemburg and the freed territories of Lower Steyer, Kaernten and Krain and also of the General-Government area". The same procedure was moreover sought for the territory of the old Reich in regard to nominations of Apostolic Administrators, Vicars Capitular (in the cases referred to above) and other diocesan rulers.

In your esteemed dispatch n. 610/42 of January 23rd last, your Eminence deigned to communicate to me, for my information and guidance, a copy of the Verbal Note which your Eminence had sent in reply on January 18th last to the German Embassy.

Up to yesterday the German Government had given me no indication of this Verbal Note sent as reply of the Holy See ; but I had noted that business of whatever kind relating to the new territories or the Reich was submitted to unusual delays or was almost lost in the bureaucratic procedure to which it had to be submitted. Yesterday I expressed to the Secretary of. State for the Foreign Ministry, Baron von Weizsaecker, a desire to have some news regarding the Professors of the Leopoli University on whose behalf, as I reported in my respectful report n. 2034 (47.693) of the 17th instant, I had already interested this Government.

The Secretary of State, having courteously apologized for the fact that he did not yet have the information requested from him about the Leopoli University Professors, added :

"In this regard however, as for all other business referring to the new territories of the Reich, i.e. not belonging to the old Reich, is as well I should let you know something. It is about a decision taken by those competent to do so in connection with the Verbal Note of January 19th last, in which His Eminence the Cardinal Secretary of State replied to our Verbal Note of August 29th 1941, presented to the Cardinal Secretary of State by our Embassy, to the Holy See. The decision is that no further consideration will be taken of proposals or requests concerning territories which did not belong to the old Reich".

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I tried first of all to get clear the territorial extent of this phrase, and asked him if in this exclusion were involved also Austria, the Protectorate and the Sudetens, and the Secretary answered : "All the territories that did not belong to the old Reich".

I strove then to point out that the request put forward by the German Government referred to a serious innovation in the procedure for nominating diocesan rulers and that the Holy See had replied solely to this request according to its traditional practice ; I observed besides that it is the traditional usage of the Holy See not to institute innovations in territories occupied during military operations until hostilities are over.

But the Secretary of State only said: "What can I do? This is the decision reached and it has already been sent to our appropriate offices".

I then asked if he wanted me to inform the Holy See, and he answered : "I leave you to judge !" "I asked if the Ambassador M. von Bergen was not doing so, and he said : "I think not, for he has not had any explicit instructions on this point".

I concluded then by saying that I should think over the matter.

One may foresee that in future requests referring to the new territories of the Reich either will not be accepted or will be met with evasive answers.

I avail myself etc. etc.

David Thompson
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#43

Post by David Thompson » 02 Jan 2006, 22:53

Document 3263-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 1017-1018.
COPY OF DOCUMENT 3263-PS

POLAND

MEMORANDUM OF THE SECRETARIATE OF STATE TO THE GERMAN EMBASSY REGARDING THE RELIGIOUS SITUATION IN THE "WARTHEGAU" (OCTOBER 8th, 1942)

For quite a long time the religious situation in the region called "Warthegau" gives cause for very grave and ever increasing anxiety. There, in fact, the Episcopate has been little by little almost completely eliminated ; the secular and regular clergy have been reduced to proportions that are absolutely inadequate, because they have been in large part deported and exiled ; the education of clerics has been forbidden ; the Catholic education of youth is meeting with the greatest opposition ; the nuns have been dispersed ; insurmountable obstacles have been put in the way of affording people the helps of religion; very many churches have been closed; Catholic intellectual and charitable institutions have been destroyed ; ecclesiastical property has been seized.

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In August and September 1941 the Apostolic Nuncio in Germany presented to the Minister for Foreign Affairs of the Reich detailed memoranda asking for the restoration in the Warthegau of just freedom of cult.

In spite of this the situation has worsened in consequence of Ordinance No. 246 of the Lieutenant of the Reich in that region, dated the 13th of the same month of September. The Apostolic Nuncio presented, on September 29th 1941, a vigorous remonstrance against the ordinance, which violates the rights and the liberty of the Catholic Church.

Nevertheless, since that date, the religious condition of the Catholics of that territory has become even sadder and more tragic.

If, as is feared, in consequence of new measures by the Lieutenant's office, the situation should be still further aggravated, the Holy See, as in duty bound by its office, would find itself compelled to abandon—and it would do so, however unwillingly -- the attitude of reserve which it has hitherto maintained.

David Thompson
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#44

Post by David Thompson » 02 Jan 2006, 23:18

Document 3264-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 1018-1029.
COPY OF DOCUMENT 3264-PS

POLAND

A Note of His Eminence the Cardinal Secretary of State to Foreign Minister of the Reich about the religious situation in "Warthegau" and in the other Polish provinces subject to Germany
Vatican, March 2nd, 1943.

No. 1063/43
Excellency,

The Holy See, to which by divine mandate is committed task of' looking over the religious interests of all Catholics, whatever nationality they belong, cannot fail to be intensely preoccupied by the grave and systematic difficulties which are being put in the way of the free profession of the Catholic faith and the practice of the Catholic religion, in some territories under the Authorities of the Reich.

As the interpreter of the very intense desire which animated the same Holy See to have these difficulties solved, I have the honor to recall them to the special attention of your Excellence and by your kind intervention to the other competent Authorities of the Government of the Reich.

The place where, above all, the religious situation, by its unusual gravity, calls for special consideration is the territory called the "Reichsgau Wartheland".

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Six bishops resided in that region in August 1939 ; now there is left only one. In fact :
The Bishop of Lodz [Litzmannstadt] and his Auxiliary were, in the course of the year 1941, confined first in a small district of the diocese, and then expelled and exiled in the "Generalgouvernement."

Another Bishop, Mgr. Michael Kozal, Auxiliary and Vicar General of Wladislavia [Leslau], was arrested in the autumn of 1939, detained for some time in a prison in the city and later in a religious house in Lad, and finally was transferred to the concentration camp at Dachau.

Since His Eminence the Cardinal Archbishop of Gniezno [Gnesen] and Poznan [Posen] and the Bishop of Wladislavia, who had gone away during the period of military operations, were not allowed to return to their Sees, the only Bishop who now remains in the "Warthegau" is His Excellency Mgr. Valentine Dymek, Auxiliary of Poznan ; and he, at least up to November 1942, was interned in his own house.

All efforts of the Holy See on behalf of these Bishops were in vain. Thus, in reply to a Verbal Note recommending Mgr. Michael Dozel, presented to it on June 10th 1941, on behalf of the Secretariate of State of His Holiness, by the Apostolic Nunciature in Berlin, your Reichministry for Foreign Affairs answered in the Verbal Note III 2270 on November 18th of the same year, saying that the prelate had been transferred from Lad to Dachau and adding that for reasons of public security it was not possible for the moment to restore him to liberty.

When the Nunciature urged the matter on December 12th 1941, and asked for a specification of the charges brought against Mgr. Kozal, your Ministry merely affirmed, but without adducing the relevant proofs (Verbal Note Pol. III 496 of March 7th 1942), that the prelate had engaged in political activity "in deutschfeindlichem Sinne" (of an anti-German nature) ; and then repeated the statement that "aus praeventivpolizeilichen Grunden" (for preventive police reasons) it was not possible to set him free.

The absence of any formulation of specific charges led the Apostolic Nuncio once more orally to draw the attention of the Reichsministry for Foreign Affairs to the matter. He was given grounds for hoping to obtain a more detailed reply, which however was never given.

In the same way, again at the express wish of the Secretariate of State, the Apostolic Nunciature in Berlin made a protest, by the Verbal Note N. 44007 of December 4th 1941, against the de-

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portation and exile imposed upon the Bishop of Lodz and his Auxiliary ; and asked for their return to the diocese. Your Reichministry for Foreign Affairs, in the Verbal Note III 397 of February 23rd 1942, replied that the prelates had been transferred in the preceding August to the convent of the Franciscan Fathers at Biecz "aus sicherheitspolizeilichen Grunden" (for security police reasons) and that since that date they had not left "ihren dortigen Aufenhaltsort" (their place of residence there).

If the lot of their excellencies the bishops has been a source of anxiety for the Holy See, the condition of an immense number of priests and religious has caused it and still causes it no less grief.

In the territory now called "Warthegau", more than two thousand priests exercised their ministry before the war ; they are now reduced to a very small number.

According to accounts received from various quarters by the Holy See, in the first months of the military occupation not a few members of the secular clergy were shot or otherwise put to death, while others—some hundreds—were imprisoned or treated in an unseemly manner, being forced into employments unbecoming their state and exposed to scorn and derision.

Then, while numbers of ecclesiastics were exiled or constrained in some other way to take refuge in the "Generalgouvernment", many others were transferred to concentration camps. At the beginning of October 1941, the priests from the dioceses of the "Warthegau" detained in Dachau already numbered several hundreds; but their number increased considerably in that month following a sharp intensification of police measures which culminated in the imprisonment and deportation of further hundreds of ecclesiastics. Entire "Kreise" (districts) remained thus completely deprived of clergy. In the city of Poznan itself the spiritual care of some 200,000 Catholics remained in the hands of not more than four priests.

No less painful was the fate reserved for the regular clergy. Many religious were shot or otherwise killed; the great majority of the others were imprisoned, deported or expelled.

In the same way, far-reaching measures were taken against the institutions preparing candidates for the ecclesiastical state. The diocesan seminaries of Gniezno and Poznan, of Wladislavia, and of Lodz were closed. The seminary in Poznan for the training of priests destined to work among Polish Catholics abroad was also closed.

The novitiates and houses of formation of the religious orders and congregations were closed.

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Not even the nuns were able to continue their charitable activities without molestation. For them were set up a special concentration camp at Bojanowo (Schmueckert), where towards the middle of 1941 about four hundred sisters were interned and employed in manual labour. To a representation of the Holy See made through the Apostolic Nunciature in Berlin (Memorandum n. 40.348 of June 11th 1941) your Reichministry for Foreign Affairs replied in the Memorandum Pol. III 1886 of September 28 of the same year, that it was only question "urn eine mit Einvernehmen des Reichsstatthalters fuer den Reichsgau Wartheland Getroffene, voruebergehende Massnahme, um der Obdachlosigkeit polnisch-katholischer Schwestern zu begegnen" (of a temporary measure, taken with the consent of the Reichslieutenant for Wartheland, in order to supply the lack of housing for Polish Catholic sisters). In the same memorandum it was admitted that as a result of reorganization of charitable institutions many Catholic sisters were without employment.

But, in spite of the fact that this measure was declared to be temporary, it is certain that towards the end of 1942 some hundreds of nuns were still interned at Bojanowo. It is established that for some time the religious were deprived even of spiritual help.

Likewise in the matter of education and religious instruction of youth, no attention was paid in the "Warthegau" to the rights of the Catholic Church.

All the Catholic schools were suppressed.

A decree of the Reichslieutenant, dated August 19th, 1941, established that religion classes for young Germans could be conducted only for those between 10 and 18 years of age and only in places assigned to religious worship and for one hour a week, between 3 and 5 p. m. It was also prescribed that the police should be informed beforehand regarding the time, the place, and the personnel assigned to the task of teaching. These dispositions were relaxed somewhat, especially in regard to the time-table, by a decree of November 17th, 1941.

Several churches were closed to public worship from the first months of the occupation ; very many more were closed afterwards, especially in October 1941. From then on, many districts remained completely without official places of worship, while some churches were afterwards opened only to Catholics of a determined nationality.

Besides, in the churches which remained open, although so restricted in number, the practice of religion was made increasingly more difficult ; for it was reserved to determined hours,

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which proved to be few and insufficient on feast days, and very few on week-days. For example, the time-table fixed by the Reichslieutenant's office for Polish Catholics in the winter of 1940-41 set forth:

Divine service on Sundays and feast-days recognized by the law: from 8 a. m. to 11;

Masses on week-days: from 8 a. m. to 9 (on Saturday in the presence of the faithful; on the other days without the faithful) ;

Instruction of the young for Confession and Communion : Wednesday, from 2 p. m. to 4 ;
Confession for adults : Saturday from 2 p. m. to 6.

The same arrangements hold for the present winter (1942-1943) with one exception that, on feast-days, divine service is allowed from 7 a. m. to 10:30.

It was also forbidden for the faithful of one parish (Kirchengemeinde) to go to the church of another parish.

Besides, in regard to public worship and sacred functions, the most rigourous separation between the faithful of German nationality and those of Polish nationality was imposed. It was forbidden for Polish Catholics to frequent places of worship served by German priests as it was for German Catholics to assist at functions celebrated by Polish priests ; the observance of this separation was enforced, and continue to be enforced even in the gravest situations, and even at the hour of death, so that in consequence the faithful are often deprived of the consolation of the last Sacraments.

An Ordinance of October 3rd, 1941 applied to the principle of separation according to nationality even to the cemeteries, which moreover are taken away from the possession of ecclesiastical bodies.

The use of the Polish language in sacred functions, and even in the Sacrament of Penance, was forbidden. Moreover—and this is a matter worthy of special mention and is at variance with the natural law and with the dispositions accepted by the legal systems of all nations—for the celebration of marriage between Poles the minimum age-limit was fixed at 28 years for men and 25 years for women.

Catholic Action was so badly hit as to be completely destroyed. The National Institute, which was at the head of the whole Catholic Action movement in Poland, was suppressed; as a result all the associations belonging to it, which were flourishing, as well as all Catholic cultural, charity and social service institutions were abolished.

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In the whole of the "Warthegau" there is no longer any Catholic press and not even a Catholic bookshop.

Grave measures were repeatedly taken with regard to ecclesiastical property.

Many of the churches closed to public worship were turned over to profane uses. From such an insult not even the Cathedrals of Gniezne, Peznan, Wladislavia, and Lodz were spared. Episcopal residences were confiscated, the real estate belonging to the seminaries, convents, diocesan museums, libraries and Church funds were confiscated or sequestered.

After the Ordinance of the Government of the Reich, dated September 17th 1940, "ueber die Behandlung von Vormoegen der Angehoerigen des ehemaligen polnischen Staates" (on how to deal with the goods of subjects belonging to the erstwhile Polish State) and the decree of the Reichslieutenant in Wartheland dated November 19th 1941—which we shall mention later —the work of spoliation was complete.

The repeated interventions of the Apostolic Nunciature at Berlin in defense of ecclesiastical property had no effect. The Papal representative called attention to the dispositions of the Code Of Canon Law (can. 1499) ; but your Reichsministry for Foreign Affairs replied (Verbal Note Pol. III 960 of May 19th, 1941) that this was a matter of the internal law of the Church, "das hier keine Anwendung findet" (which does not apply here). The Apostolic Nuncio, in the name of the Holy See, pointed out that this was a matter of law belonging to the Constitution of the Catholic Church and hence possessing the characteristics of universality which derive from the nature and the mission of the same Church—a law consequently that is independent of contractual conventions that may be made with the States.

But your Reichministry for Foreign Affairs rejected every argument and declared unjustified the protest raised by the Apostolic Nunciature against the measures taken in regard to ecclesiastical property, confining itself to the repeated statement (Verbal Note Pol. III 1801 of October 10th 1941) "dass nach der Auffagsung der Reichsregierung das Kanonische Recht rein innerkichliches Recht ist" (that according to the views of the Reichs government, Canon Law is a law entirely internal to the Church) ; accordingly in the cases in question, only German law should be applied.

Even before ecclesiastical property was affected, the allowances to the clergy had been abolished.

On March 14th 1940, the Reichslieutenant in the "Warthegau" published an Ordinance by which he introduced the "contribu-

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tions for worship" which religious associations ("religioese Vereinigungen und Religionsgesellschaften") could be authorized to collect.

A circular of the same Reichslieutenant, dated February 6th 1941, aggravated the situation still further by affirming that "die Religionsgesellschaften und die religioesen Vereinigungen" (religious associations) were not recognized in the "Warthegau" "als Koerperschaften des offenlichen Rechtes" (As corporations acknowledged by public law) ; at the same time it was established that without permission collections in favour of the Churches could not be made.

On March 25th 1941, a declaration was published from the office of the Reichslieutenant, according to which the authorities were disposed to permit—after the following April 1st--collections in favour of German religious associations in the "Warthegau", but on conditions that these were first formed into "Vereine". Finally, on September 13th 1941, was published the Ordinance N.246 "uber religioese Vereinigungen und Religionsgesellschaften" (on religious associations).

In these documents the Reichslieutenant declared that instead of the juridical persons of the Catholic Church who were in existence in the Reichsgau Wartheland on September 1st 1939, a single "Religionsgesellschaft" was substituted, which was called by him Roemisch-katholische Kirche deutscher Nationalitaet im Reichsgau Wartheland" (The Roman Catholic Church of German nationality in the Reichsgau Wartheland) and was recognized as "a juridical person of a private character."

The ordinance then established that the Reichslieutenant could give legal capacity to other "religioesen Vereingungen und Religionsgesellschaften" (religious associations) ; it demanded, however, that their statutes, as also those of the "Roemisch-katholischen Kirche deutscher Nationalitaet im Reichsgau Wartheland" should be presented to the Reichslieutenant for approval.

According to another disposition of the above-mentioned Ordinance no person can be designated a member of the Council': ("Vorstandsmitglied") of the "religious associations" in question unless the Reichslieutenant has first declared that he had' no objections of a general political character against him, while it is enough that such objections be established afterwards, for the "Vorstandsmitglied" to lose his post forthwith.

The administrative regulations published by the Lieutenant's office for the application of the Ordinance of September 13-V, 1941 made the situation of the Catholics in that region still more difficult.

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For example, on November 19th 1941 came a decree of the Reichslieutenant by which among other things it was set forth that, as from the previous September 13th, the property of the former juridical persons of the Roman Catholic Church should pass over to the "Roemisch-katholischen Kirche deutscher Nationalitaet im Reichsgau Wartheland", in so far as, on the request of the above-mentioned "Religionsgesellschaft", such property shall be recognized by the Reichslieutenant as "non-Polish property." In virtue of this decree practically all the goods of the Catholic Church in the "Warthegau" were lost.

On February 12th 1942, the office of the Reichslieutenant published dispositions to make it easy for people to leave the "religious associations." It is established even, that here and there flysheets were distributed with a formula to be signed, declaring : "that one did not belong to any Church association in Wartheland, and would never enter such an association within the confines of the Great Common Reich." The office of the Reichslieutenant itself does not seem foreign to pressure which is being put on the faithful to induce them to abandon all religious affiliations.

What has been so far set forth represents only a part of what has /been done in the "Warthegau" to the detriment of religions and of the rights of the Catholic Church.

To this state of affairs the Apostolic Nunciature at Berlin repeatedly called the attention of your Reichsministry for Foreign Affairs : among other occasions, by the Notes of August 14th and September 2nd 1941, in which after a well-established account of some of the most serious anti-religious measures, there followed a request that freedom of worship should be restored in the "Warthegau." On September 29th 1941, the same Nunciature presented a Verbal Note of protest against the Ordinance published by the Reichslieutenant on the 13th of that same month.

In acknowledging these three diplomatic communications the Reichsminister for Foreign Affairs said that in due time he would return to the question, "sobald sie in Benehmen mit den inneren Stellen geprueft worden ist" (Verbal Note III 1811 II, of September 12th 1941) and "soband die Pruefung der Angelegenheit durch die inneren Stellen abgeschlossen ist" (Verbal Note III 1963 of October 3rd 1941) ("as soon as it is examined by the offices of the Ministry of the Interior and as soon as the investigation of the matter by the offices of the Ministry of the Interior is complete").
When the promised answer was not forthcoming, the Apostolic Nuncio, on December 5th of that same

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year, said to the Secretary of State at the Reichsministry for Foreign Affairs that if his preceding notes could not be answered by the Reichsministry for Foreign Affairs itself, he asked that they should be forwarded to the Head of the State. He heard nothing more of the matter.

If we pass from the "Warthegau" to the other territories in the east, we unfortunately find there, too, acts and measures against the rights of the Church and of the Catholic faithful, though they vary in gravity and extension from one place to another.

In the Provinces which were declared annexed to the German Reich and joined up with the Gaue of East Prussia, of Danzig-West Prussia and of Upper Silesia, the situation is very much like that described above in regard to seminaries, the use of the Polish mother-tongue in sacred functions, charitable works, associations of Catholic Action, the separation of the faithful according to nationality. There, too, one must deplore the closing of churches to public worship, the exile, deportation, the violent death of not a few of the clergy (reduced by two-thirds in the diocese of Culma and by at least a third in the diocese of Katowice), the suppression of religious instruction in the schools, and above all the complete suppression in fact of the episcopate. Actually, after the Bishop of Culma, who had left during the military operations, had been refused permission to return to his diocese, there followed—in February 1941—the expulsion of the Bishop of Plock (Schroeftersburg) and his Auxiliary, who both died later in captivity : the Bishop, the venerable octogenarian Mgr. Julian Anthony Nowowiej ski died at Dzialdowo (Soldau) on May 28th 1941, and the Auxiliary, Mgr. Leo Wetmanski, "in a transit camp" on October 10th of the same year.

In the territory called the "Generalgouvernement" as in the Polish provinces which had been occupied by Soviet troops in the period between September 1939 and June 1941, the religious situation is such as to cause the Holy See lively apprehension and serious preoccupation. Without pausing to describe the treatment meted out in many cases to the clergy (priests imprisoned, deported, and even put to death), the confiscation of ecclesiastical property, the closing of churches, the suppression even of associations, and publications of simply and exclusively religious character, the closing of the Catholic secondary and higher schools and of the Catholic University of Lublin, let it suffice to recall two series of specially grave measures : those which affect the seminaries and those which weigh on the episcopate.

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When the buildings of the various seminaries had been completely, or in part occupied, the intention for some time (November 1940—February 1941) was to reduce these institutions for the training of priests to two—those of Cracow and Sandomir ; then the others were permitted to reopen, but only on condition that no new students were admitted, which in practice inevitably means that all these institutions will soon be closed.

As to their excellencies the Bishops, the Holy See must deplore the fact that they cannot pursue their activities with the necessary liberty. Besides, two dioceses in particular are completely deprived of Bishops : that of Pinsk, through the Auxiliary being refused permission to return after he had left when the Bolshevist troops arrived, and that of Lublin as a result of the sentence passed in November 1939, on Mgr. Marian Leo Fulman and his Auxiliary. Mgr. Fulman was exiled in a district of the Tarnow diocese, and the Auxiliary, Mgr. Vladislas Goral, was sent to a concentration camp in Germany. Moreover, in March 1942, the Archbishop of Wilno, Mgr. Romuald Jalbrzykowski, was deported from his city and archdiocese and confined in a convent.

Mention has several times been made already of ecclesiastics deported or confined in concentration camps. The majority of them were transferred to the Altreich, where their number already exceeds a thousand.

When the Holy See asked that they should be liberated and be permitted to emigrate to neutral countries of Europe or America (1940), the petition was refused ; it was only promised that they should all be collected in the concentration camp at Dachau, that they should be dispensed from too hard labour, and that some should be permitted to say Mass, which the others could hear.

The treatment of the ecclesiastics interned at Dachau, which, for a certain time, in 1941, was in fact somewhat mitigated, worsened again at the end of that year. Particularly sorrowful were the announcements which for many months, in 1942, came from that camp of the frequent deaths of priests, even of some young priests among them.

It is, finally, not without intense pain that we note how the civil authorities have very seriously restricted religious ministry in favour of Polish Catholic laymen employed in the territory of the Altreich, and of their children.

By a regulation of September 2nd, 1942, the Reichsministry for Ecclesiastical Affairs decreed that civilian workers of Polish nationality may be assisted spiritually only through special sacred functions. These functions can take place—except on the great feasts—only on the first Sunday of each month and at fixed

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hours. On principle the use of the mother tongue of these Catholic workers is forbidden even in the most secret and absolutely private Sacrament of Confession : the only concession made is that texts in that language may be used to prepare the faithful for "general absolution" and for Holy Communion.

Polish Catholics are not allowed to contract marriage in the territory of the Altreich; just as requests for religious instruction or instruction in preparation for Confession and Holy Communion for the children of these workers are, in principle, not accepted. Moreover, all that has been recorded above was carried out with unremitting precaution to keep the Holy See out of the way ; in fact direct communication was rendered almost impossible between it and the episcopate of the territories mentioned, notwithstanding its direct interest in the religious life of all Catholics.

In spite of strong and reiterated appeals, made also on the occasion of Your Excellency's visit to the Holy Father in March 1940—as you will well remember—the Holy See has not been permitted to send a representative (Apostolic Visitor or Delegate) to those parts. It has not even been possible to put into effect the Papal plans for relief, already completed in favour of those sorely-tried peoples.

Nevertheless the Holy See has hitherto maintained the greatest reserve, confining its action—which has always been exclusively inspired by spiritual principles, that is the good of souls—to diplomatic steps with respect to the Reich authorities. It has waited for its policy to be fully appreciated so that of itself it might induce the same competent authorities to change voluntarily their attitude towards Catholics and towards religious freedom.

The Holy See is unwilling to abandon its feeling of confidence even today, when through me, in fulfillment of a sacred duty that every hour becomes graver and more insistent, it presents this new document. It hopes therefore that the present exposition arresting the attention of the Government of the Reich, as it should by the mass of detail contained in it, may also induce it to put an end to such a painful situation created by dispositions which run counter to natural and divine right.

I do not doubt that your Excellency will be willing to give to what I have just expounded your most careful consideration, and,

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with the high authority which you possess, contribute effectively to the restoration of religious liberty to the Catholics in the above mentioned territories.

I gladly take this occasion to beg your Excellency to accept the assurance of my highest esteem.
L. Card. Maglione

David Thompson
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#45

Post by David Thompson » 02 Jan 2006, 23:45

Document 3265-PS, in Nazi Conspiracy and Aggression, Volume V, US Government Printing Office, Washington DC: 1946, pp. 1029-1036.
COPY OF DOCUMENT 3265-PS

RELIGIOUS ASSISTANCE FOR THE POLISH CATHOLIC WORKERS IN GERMANY

On November 18th 1942, His Eminence the Cardinal Secretary of State addressed a letter to His Eminence the Cardinal Archbishop of Breslau in which he recommended his kindly interest in the lot of the Polish workers transported to Germany for whom the German civil authorities had forbidden or made very difficult the fulfilment of their religious duties. His Eminence Cardinal Bertram replied on December 7th 1942, describing and deploring the sad condition of these unfortunates. We reproduce both documents.
SECRETARIATE OF STATE OF HIS HOLINESS
N. 8111/42
Vatican, November 18th 1942

Your Eminence,

In the past you have with praiseworthy zeal taken up the cause of the Polish Catholics, both those who lived in Polish territory, especially in the part of it which adjoins or is near the boundaries of your Archdiocese, and those who found themselves, because of their employment or for other reasons in the "Altreich".

On this account I approach you with more confidence, to ask you to turn your attention, with your accustomed comprehension and charity, to two matters relating to the Polish Catholics. It is possible and even probable that you have already acted in regard to them.

In the first place I would ask you to give your consideration to the regulations of the Ministry of the German Reich for Ecclesiastical Affairs, of which you were informed in a letter of September 2nd of this year.

I need not tell you how much anxiety such regulations have caused to the Apostolic See. For by them an immense multitude of Catholics is deprived of the consolations of religion, and finds

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difficulty in frequenting the Sacraments of Holy Church. There is, besides, the fact that the civil authorities arrogate to themselves the right to legislate for the administration of the Sacraments, and expose them to the danger of nullity and even sometimes forbid the administration of the Sacraments as in the case of matrimony.

Since matters have reached this grave and harmful state, please employ, as you have done in the past, your greatest endeavour to secure that the Polish Catholic workers employed in various occupations in the "Altreich" and their children be granted liberty to practise their religion and to profess their faith and to frequent the Sacraments without hindrance, as is their right.

The second question refers to the Polish priests who are detained in certain concentration camps.
As far back as October 1940 the Apostolic See, at the request of a German Bishop, commissioned the Apostolic Nuncio at Berlin to approach the Government there, and request that it should allow the many Polish ecclesiastics who were interned in certain localities to emigrate to neutral countries in Europe or America. But the petition scarcely met with a favourable response. For the German Government refused to grant the request, and only promised that it would grant some mitigations of their treatment sought by the German Bishops, viz. that all ecclesiastics in question should be collected in one camp (Dachau), should be relieved of over-strenuous work, that some of them might say Mass every day and that others might assist at it.

In fact, although not a few priests remained in concentration camps elsewhere, the conditions at least for those in Dachau were made somewhat more tolerable.

But once again, a few months ago, their lot changed for the worse.

The Apostolic See knows that besides the Polish priests there are others, including Germans, detained in the above mentioned concentration camps and it embraces them all with the same zeal and solicitude in its endeavour to bring them, as far as it can, some alleviation in their bitter sufferings.

Among other things it has recently been learnt that the number; of German priests who die there—a number which before was certainly unprecedented and undoubtedly too great—has been reduced to the average; but alas, that the death-rate of Poles—even of young men—is unfortunately still on the increase. The Apostolic Nuncio at Berlin is constantly meeting with increased op-

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position in his efforts to help the Catholic Poles; and this to such a point, that many of them suffer and die without knowing what anxious endeavours the Holy Father is making on their behalf.

Accordingly I recommend them to your merciful zeal and intervention and I know that I shall not appeal for your help in vain. You know too that His Excellency the Most Rev. Michael Kozal, titular Bishop of Lappa, auxiliary to the Bishop of Wladislavia has been put into the Dachau concentration camp, and that His Excellency the Most Rev. Vladislaus Goral, titular Bishop of Meloee in Isauria, Auxiliary to the Bishop of Lublin, has probably been put into Oranienburg-Sachsenhausen. If you can do so, and it is permitted, give them a special proof of Christian charity by your help and sympathy.

Be assured that whatever you do to comfort these afflicted ones whom I have mentioned will be very pleasing to the Holy Father, Who is greatly concerned for them, and deeply sympathizes with them in their misfortunes, as He does with all poor sufferers.

In the meantime, with all due veneration I kiss your hands, anremain

Your Eminence's Most devotedly and faithfully
L. Card. Maglione.
COPY OF DOCUMENT 3266-PS II

PRESIDENT OF THE BISHOPS' MEETINGS AT FULDA

Breslau, December 7th 1942;

Your Eminence,

On November 30th, I received your Eminence's esteemed Rescript of November 18th (No.8111) about the very serious grievances which show clearly the dangers which threaten the Catholic position in Germany in our day. Not only has grave harm been done in the past few years to the liberty of the Church and its Institutions and rights, and to the integrity of its temporal goods, but openly and insidiously the faith itself and the free practice of the Catholic religion have been attacked. About some of the gravest injuries inflicted on the Church I not only protested on each occasion as the individual incident occurred, but, I also made a most formal protest about them in globo in a document which, as spokesman of all the hierarchy, I sent to the supreme Ruler of the State and to the Ministers of the Reich on December 10th,
1941. Not a word by way of answer has been sent to us.

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Your Eminence knows very well the greatest difficulty in the way of opening negotiations comes from the overruling authority which the "National Socialist Party Chancellery" (Kanzlei der nazional-sozialistischen Partei, known as the Partei-Kanzlei) exercises in relation to the Chancery of the Reich (Reichskanzlei) and to the single Reich Ministries. This "Partei-kanzlei" directs the course to be followed by the State, whereas the Ministers and the Chancery of the Reich are obliged to and compelled to adjust their decrees to those directions. Besides, there is the fact that the "Supreme Office for the Security of the Reich" called the "Reichssicherheitshauptamt" enjoys an authority which precludes all legal action and all appeals. Under it are the "Secret Offices for Public Security" called "Geheime Staatspolizei" (a title shortened usually to Gestapo) of which there is one for each province. Against the decrees of this Central office (Reichssicherheitshauptamt) and of the Secret offices (Geheime Staatspolizei) there is no appeal through the courts, and no complaint made to the Ministries has any effect. Not infrequently the Councillors of the Ministries suggest that they have not been able to do as they would wish to, because of the opposition of these party offices. As far as the executive power is concerned, the organization called the SS, that is the Schutzstaffeln der Partei, is in practice supreme.

This hastily sketched interrelation of authorities is the reason why many of the petitions and protests made by the Bishops to the Ministries have been foiled. Even if we present our complaints to the so-called Supreme Security Office, there is rarely any reply ; and when there is, it is negative.

On a number of very grave and fundamental issues we have also presented our complaints to the Supreme Leader of the Reich [Fuehrer]. Either no answer is given, or it is apparently edited by the above-mentioned party chancellery which does not consider itself bound by the Concordat made with the Holy See.

Having said this much by way of general introduction, I may note that the vigilance and open. methods of all the German hierarchy are proved by the reports which the individual Bishops and I, as President for the time being of the Bishops' Meeting at Fulda, have very frequently presented to His Excellency the Apostolic Nuncio at Berlin, and by the Protocol of the Fulda Meetings. Every action that we have to take is bristling with difficulties and fraught with very intense anxiety of conscience, an even in a sense with anguish; for while on the one hand we have to defend most tenaciously the fundamentals of the Faith and the rights of the Church, we cannot, on the other hand, overlook the

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question, what in view of present circumstances is the more opportune course to take in relation to the Ministerial "constellation", and the public opinion. We have not neglected to maintain constant contact with His Excellency the Apostolic Nuncio at Berlin.

To come to those grievances, which are enumerated in your Eminence's kind letter of November 18th, it is evident that the decrees contained in the edict of the Ministry for Ecclesiastical Affairs of September 2nd of this year constitute a serious blow to the rights and duties of the Catholic Church in regard to the care of souls and sacred liturgy, as well as to the right of every single Catholic Polish worker transferred to Germany for various works, of practicing freely the Catholic religion. The individual sections of this decree did not emanate from the original intention of the Ministry in question, but are, as is obvious from a consideration of the evolution of the documents as time went on, the interpolations of the party offices spoken of above.

To, mention some of the most obnoxious documents, it is first of all---

1. greatly to be deplored that all priests are forbidden to instruct the children of Polish workers in the Catholic religion. On December 31st, 1941, I petitioned the Ministry for Ecclesiastical Affairs in the name of all the Bishops of Germany that we might not be forbidden to prepare these children between the ages of eight and twelve years for their first Confession and Holy Communion. But such preparation of the children has been strictly forbidden.

2. On August 17th 1941, I sent a solemn protest to the Ministry for Ecclesiastical Affairs against the Edict of the Governor of Upper Silesia dated June 24th, 1941, and of other government offices, by which it was most strictly forbidden for German priests under pain of being sent to a concentration camp, to extend their care of souls to Poles.

3. There is the further grievance that we may not give to Poles any religious printed matter by way of instruction. For the use of Polish workers in the Archdiocese of Breslau a booklet of prayers and hymns was published in Polish under the title "Droga do Nieba" (The Way to Heaven). This booklet was officially passed by the Supreme Command of the German Army and 120,000 copies were distributed, with very good results, all over Germany. But on July 15th 1941, the use and the distribution of this booklet were forbidden.

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4. In regard to the care of the souls of Polish workers, the Ministry for Ecclesiastical Affairs gave the following permissions on June 13th 1940:

a. that on Sunday and feast days Poles might be present at the liturgical service, but on condition that the Poles should assist at a Mass said for them only, apart from the parishioners, or—in case of local necessity—they might even assist at the parish Mass, but gathered in a distinct section of the church benches ;

b. that in case of necessity, Bishops may send specially chosen priests to undertake spiritual ministry among the Poles ; they may visit suitable places to celebrate the Divine Service for the Poles at convenient hours.

But all these concessions were revoked on July 15th 1941.

Your Eminence is aware that, by Edict of the Ministry for Ecclesiastical Affairs of September 2nd 1942 a most stringent prohibition on liturgical service for Poles has been imposed, so that they may be present at Mass only once a month, and all use of the Polish tongue is abolished.

5. For some years past from the Breslau Curia we have published each month the text of a short discourse, which might be used for the sermon at the Sunday Mass. The text was printed in German, Polish and French, and was freely used in various dioceses of Germany. Now the use of these sermons is forbidden, because the Polish language may not be spoken.

6. Then there is this most deplorable of all grievances for individual souls, that one may not allow them to come singly to make oral confession of their sins in order to receive the sacrament of Penance. To give an example, an excellent parish priest of my diocese has incurred the penalty of being sent to a concentration camp for not having repulsed, while hearing Confession in the parish church, a Polish workman who had taken his place in the line, and came into the confessional. Now we are allowed to have a general Confession and general absolution only once month, a practice which neither secures peace of soul nor certainty as to the validity of the absolutions by reason of the lack of proper dispositions.

7. When one considers all this, one does not wonder that the religious fervour of the Poles is suffering greatly, and that their moral integrity is exposed to great dangers. There is, moreover the difficulty of contracting valid marriages, since German priests may not assist at Polish weddings. If, on the other hand, the engaged couples are advised to celebrate Matrimony without the assistance of a priest after the manner permitted by Canon 1098 of

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the Code of Canon Law, there is not sufficient provision for their peace of soul, nor for the certainty of the registration in the parish books.

This is an outline of the most urgent grievances.

I have never omitted to send formal protests against the intolerable decrees mentioned here to the Minister for Ecclesiastical Affairs, setting forth the reasons why each of the edicts is not only insupportable, but even harmful and ruinous to the common good of the whole nation. Along with me each of the other members of the hierarchy, in whose dioceses these edicts were more odiously enforced, asked separately for a remedy. And in each case His Excellency Bishop Wienken, who lives in Berlin and has been deputed by the Fulda meetings to deal with the ministries, supported our petitions and the reasons for them in a personal interview. But all was in vain. The reason is the intense aversion of the party to the Poles and the distrust, born of fear that through secret Polish agitation too many difficulties may arise for the security of the present state. The Poles have the deep-set hope and enthusiastic expectation that the Polish Realm will be restored and rise again. Hence they are all, without exception, taken by the German government for enemies of the present German state. And German priests who out of a sense of duty and charity must denounce all injustice and dispense to every Christian without making national discriminations, the treasures of Christian doctrine, and must work to the best of their ability for the salvation of all souls, are looked upon, in consequence of this all-embracing charity of theirs—even though it is exercised for exclusively supernatural ends—with the greatest mistrust as if they were unlawfully in favour of the enemies of the present state, and their political aims. Accordingly all our petitions and statements are suspect and are scarcely listened to. Hence arises the unhappy state of affairs which no one can remedy.

About the Concentration Camps

We have been able, up to the moment, to learn little, because we know scarcely anything of the reason why the individuals are sent there, of the treatment they receive, of their fate, their health or their needs. Those who are put into the camps are compelled by threat of the severest penalties to maintain the strictest silence about all that happens in the camps; as a result they dare not say anything. All the bishops feel the deepest sympathy and a keen sense of pity for those in concentration camps, especially as we are persuaded that the great majority of those held there

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are innocent. Many of the clergy of my diocese have died there —men whom I held in special esteem and love for their upright life and conduct, known to the whole people.

His Excellency, Bishop Wienken, of whom I spoke above, deals continually, at the instance of the Bishops ordinary, with the Councillors of the above mentioned Reichssicherheitshauptamt office, whenever there is question of taking special care of an individual internee.

At the request of the priests held in Dachau, I sent them on February 25th 1941 one hundred and twenty Roman Breviaries. and on June 27th 1942 a number of Mass vestments and a large Ciborium for Holy Communion.

On July 2nd 1938, December 4th 1940, and June 3rd 1942 I made an urgent appeal to the authorities of the concentration camps that the celebration of Mass should be allowed in other camps as in Dachau, and that spiritual ministry should be allowed, especially among the sick and the dying. I also presented a petition that the bodies of those who die should not be indiscriminately burned, but should be given due burial whenever they had asked for it. This petition was rejected.

On the number of priests detained in Dachau and the number of those who have died there I have begun a statistical report for all the dioceses of Germany to cover the years 1940, 1941, 1942. I was not able to extend those lists (which include also those in the war) to the Polish dioceses, because it is impossible to get exact figures from Posnan-Gnesno and other Polish dioceses. The Very Reverend diocesan administrators could scarcely say how many of the priests absent from home are in various concentration camps, in Dachau and elsewhere: how many have been exiled to other regions ; how many are dead. If I were to ask them: myself I doubt if they could give a reliable answer.

For the rest, I shall consult with Bishop Wienken, so that he may have certain information on the questions which your Eminence raised.

It is not however to be hoped that the government or the party will allow the emigration of priests interned in the concentration camps. For on account of the mistrust of which I spoke there I no doubt of their fear, that the priests emigrating to foreign part would spread reports extremely unpleasant for the government and the party.

With all reverence and humility, I remain

Your Eminence's obedient servant.
A. Card. Bertram Archbishop of Breslau.
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