IMT: Documents on Suppression of the Christian Churches

[David Thompson]

Document 3436-PS: [Law for the Safeguarding of the German Protestant Church of 24 September 1935], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, p. 145.

TRANSLATION OF DOCUMENT 3436—PS

1935 REICHSGESETZBLATT, PART I, PAGE 1178

Law for the Safeguarding of the German Protestant Church of 24 September 1935

According to the will of the Protestant congregation the unification of the State Churches in a German Protestant Church has been accomplished and documented in a constitution.

Nevertheless, the Reich Cabinet has been obliged to observe with deep anxiety how a condition has later arisen through a conflict of church groups among and against each other, which destroys the unity of the congregation, prejudices the freedom of faith and conscience of the individual, harms the racial community [Volksgemeinschaft], and exposes to extreme dangers the stability of the Protestant Church itself.

The Reich Cabinet permeated by the desire to be able to turn over the regulation church which is internally settled, in accordance with its duty as a trustee, and in the knowledge that this task cannot be left to any of the conflicting groups.

To safeguard the stability of the German Protestant Church and to introduce an order which will enable the church to regulate its own questions of faith and creed in complete freedom and calm, has resolved upon the following law, which is hereby published.

The Reich Minister for Church Affairs, in order to reestablish a settled state of affairs in the German Protestant Church and in the Protestant State Churches is empowered to issue decrees with the legally binding power. The decrees will be published in the Reichsgesetzblatt.

Munich, 24 September, 1935.
The Fuehrer and Reich Chancellor
Adolf Hitler
The Reich Minister for Church Affairs
Kerrl

145

[David Thompson]

Document 3437-PS: [Fifth decree for execution of the Law for the Safeguarding of the German Protestant Church of 2 December 1935], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, p. 146.

TRANSLATION OF DOCUMENT 3437—PS

1935 REICHSGESETZBLATT, PART I, PAGE 1370

Fifth decree for execution of the Law for the Safeguarding of the German Protestant Church of 2 December 1935

On the basis of the Law for the Safeguarding of the German Protestant Church of 24 September 1935 (Reichsgesetzblatt I Page 1178) it is hereby decreed:

Par. 1

1. Insofar as, on the basis of the Law for Safeguarding the German Protestant Church of 24 September 1935 (Reichsgesetzblatt I, Page 1178) and the executive decrees, organs of church leadership have been formed in the German Protestant Church and the State Church, the exercise of church-authoritative and church-official powers by church association is not permissible.

2. To the functions not permissible in accordance with paragraph 1 belong particularly the filling of pastorates, the engagement of clerical assistants, the examination and ordaining of candidates of the Protestant State Churches visitation in church communities, the publishing of the banns, the collection and administration of church dues and assessments the imposition of alms and collections with reference to church community activities such as the summoning of synods.

3. The freedom of religious sermons and the care of the religious community by church associations and groups is not effected.

Par. 2

1. The Reich Minister for Church Affairs will announce the churches and church provinces to which the case of par. 1, no. 1 applies.

2. Organs of church associations or groups which continue to exercise church authoritative and church official powers in the sphere of the church or church provinces concerned after such an announcement may be dissolved.

Par. 3

After this decree becomes effective, the assumption of church authoritative and church official powers by organs of church associations or groups is not permissible. The provisions of Par 2 number 2 applies accordingly.

Par. 4

This decree takes effect on the day following its publication.

Berlin, 2, December, 1935
The Reich Minister for Church Affairs.
KERRL

146

[David Thompson]

Document 3439-PS: [Fifteenth Decree for the execution of the law for Security of the German Protestant Church 25 June 1937], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, pp. 147-149.

TRANSLATION OF DOCUMENT 3439—PS

1937 REICHSGESETZBLATT, PART I, PAGE 697, 30 June 1937

Fifteenth Decree for the execution of the law for Security of the German Protestant Church 25 June 1937

On the basis of the Law for Security of the German Protestant Church of 24 September 1935, (1935 Reichsgesetzblatt I, p. 1178) for the unification of the laws governing the Finance Departments it is hereby decreed :

Par. 1
(1) The Reich Minister for Church Affairs establishes one Finance Department at the. Chancery of the German Protestant Church and at the administration office of each of the German Evangelical provincial churches.

(2) The officials of the general ecclesiastical administration are obliged to accept the revocable charge of honor or chairmen or as members of the Finance Department.

(3) After previous consultation the Finance Department makes its decisions through the chairman.

Par. 2

(1) The Finance Department guides the property administration of the church in the district for which it has been established. It represents the church.

(2) The Finance Department sets up the budget and the tax assessment of the church. It determines the manner of raising the tax assessment and supervises the use of the budget funds.

Par. 3

(1) The Finance Department is obliged to see to it that a regular administration, corresponding to the public interest is guaranteed, that the utmost thrift is observed, and that state and ecclesiastical regulations are observed by all parties concerned.

(2) The Finance Department is responsible to the state for the proper use of government subsidies allowed for Protestant-ecclesiastical means, as well as for church tax funds.

Par. 4

(1) In the provincial churches the Finance Department exercises ecclesiastical supervision over the administration of property and church funds of the church communities and the church associations. If, in case of refusal or for other reasons, a decision of the competent ecclesiastical organs is not reached or in case

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these organs act contrary to ecclesiastical or state order it is authorized to exercise their rights itself. The same holds true if it is doubtful or disputed what organs are competent for the administration of the property and the church tax funds.

(2) The right of the Finance Department of property and tax supervision also embraces the authorizations of ratification entrusted to the ecclesiastical supervisory authorities by constitutional documents and Church Laws. If the Finance Department itself looks after the rights of church communities or ecclesiastical associations, its decision at the same time includes the ratification of the ecclesiastical supervisory authorities.

(3) The Finance Department can appoint agents for the execution of regulations it has to set up in church communities and ecclesiastical associations. In the case of sentences two and three under Paragraph 4 (1) above the expenses will be put to the debit of the association or church community.

Par. 5

(1) The chairman of the Finance Department can transfer the dispatch of single matters to a member of the Finance Department. In case of temporary inability he can appoint a member as his representative. In case of extended inability the decision of the Reich Minister for Church Affairs is to be obtained.

(2) The officials and employees of the general ecclesiastical administration can be called upon for aid in, dispatching the business.

(3) The Finance Department keeps a seal which reads "Church Authority" with the addition of "Finance Department." Statements of the Finance Department are to be signed and sealed by the chairman or his representative.

Par. 6

The Finance Department, within the limits of its authorization, can issue legally binding regulations. It can regulate in particular the salaries and allowances of officials of the general ecclesiastical administration, of the clergy, of the officials of the church community, and of the employees.

Par. 7

(1) The Finance Department is to stay in close touch with the competent church management.

(2) Regulations and measures of the church management and of the ecclesiastical administration authorities connected with financial operations require the approval of the Finance Depart-

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ment. They are binding on the church only if this approval has been given and made known to all parties concerned.

Par. 8

(1) The Finance Department at the Chancery of the German Evangelical Church, through continuous contact with the Finance Departments of the provincial churches, has to see to it that the property administration of the provincial churches will be simplified and made more uniform. In the field of property administration it can issue legally binding rules to regulate the ecclesiastical legal life in its entirety for the domain of the German Protestant Church or the domain of several provincial churches.

(2) The Finance Department at the Chancery of the German Protestant Church can inspect the property administration of a provincial church, can demand information about it, and can make suggestions as to the management of the property administration.

(3) The Finance Department at the Chancery of the German Protestant Church can establish an accounting office for the property administration of the German Protestant Church. The verification of the property administration of the provincial churches can be entrusted to the accounting office.

Par. 9

(1) The Finance Department has to inform the Reich Minister for Church Affairs of the financial status.

(2) The approval of the Reich Minister for Church Affairs is necessary for legally binding regulations of a general nature.

(3) The decisions of the Church authorities on fixing the church tax requires the approval of the Finance Department.

(4) The Finance Departments have to see to it that the regulations issued by the Reich Minister for Church Affairs for the use of government subsidies and of church tax funds are observed.

Par. 10

The decree goes into effect on the day following publication. The Reich Minister for Church Affairs decides the time of cancellation. Contrary regulations are void for the duration of this decree.

Berlin, 25 June 1937.

The Reich Minister for Church Affairs KERRL.

149

[David Thompson]

Document 3466-PS: [Decree to Unite the Competences of Reich and Prussia in Church Affairs 16 July 1935], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, p. 168.

TRANSLATION OF DOCUMENT 3466–PS

1935 REICHSGESETZBLATT, PART I, PAGE 1029, 18 July 1935

Decree to Unite the Competences of Reich and Prussia in Church Affairs 16 July 1935

The Church Affairs hitherto handled by the Reich and Prussian Ministry of the Interior as well as the Reich and Prussian Ministry for Science, Education, and Training of the Population are transferred to Reich Minister without portfolio Kerrl.

Regarding the execution of this decree the Reich and Prussian Ministers concerned will determine a more specific stipulation.

Berlin, 16 July 1935
The Fuehrer and Reich Chancellor
ADOLF HITLER
The Reich Minister for Science, Education and Training of the Population
RUST
The Prussian Minister President
Acting for above
KOERNER

168

[David Thompson]

Document 3560-PS: [Decree of the Fuehrer and Reich Chancellor concerning the Organization and Administration of the Eastern Territories, October 8, 1939], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, pp. 244-246.

TRANSLATION OF DOCUMENT 3560-PS

1939 REICHSGESETZBLATT, PART 1, PAGE 2042

Decree of the Fuehrer and Reich Chancellor concerning the Organization and Administration of the Eastern Territories, October 8, 1939

Section 1

(1) In the process of reorganization of the Eastern Territories the Reich Districts [Gaue] of Western Prussia and Posen shall be incorporated as parts of the German Reich.

(2) The Reich District shall be administered by a Reich Governor [Statthalter].

(3) The Reich Governor in Western Prussia shall have his official residence in Danzig; the Reich Governor in Posen shall have Ms official residence in Posen.

Section 2

(1) The Reich District of Western Prussia shall be subdivided into the government districts of Danzig, Marienwerder, and Bromberg.

(2) The Reich. District Posen shall be subdivided into the government districts of Hohensalza, Posen, and Kalisch.

Section 3

(1) For the organization of the administration in the Reich districts, the statute concerning the organization of the administration in the Reich District of the Sudetenland (short title "Sudeten Statute") of April 14, 1939 (RGBl. I, p. 780), shall apply unless modified by this decree.

(2) All branches of the administration shall be subject to the jurisdiction of the Reich Governor.
The Reich Minister of the Interior shall decide, in agreement with the Reich minister concerned, upon the transfer of special branches of the administration to the existing Reich administrative agencies. Special agen-

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cies for counties shall be subject to the jurisdiction of county commissioners until further notice.

Section 4

By including adjacent territorial parts in the province of Silesia the government district of Kattervitz, and in the province of East-Prussia the government district of Ziehenan shall be formed.

Section 5

(1) The boundaries of the Administrative Districts (Sections 1, 2, and 4) shall be determined by the Reich Minister of the Interior, in agreement with the Prussian President of the Cabinet, as far as the Administrative boundaries between the recovered territories and the adjacent provinces are concerned.

(2) The Reich Minister of the Interior shall regulate the formation of urban and rural counties insofar as it is required by the reorganization.

Section 6

(1) Residents of German blood or of racially related blood shall become German nationals in accordance with further provisions to be issued.

(2) Residents of German origin in these territories shall become German citizens in accordance with the Reich Nationality Code.

Section 7

The law heretofore in force shall continue in effect unless incompatible with the fact of incorporation in the German Reich.

Section 8

The Reich Minister of the Interior may, by means of general orders, and in agreement with the Reich minister concerned, introduce Reich law and Prussian law.

Section 9
For the territory of the former Free City of Danzig, the provisions of Sections 3 and 4 of the Law concerning the reunion of the Free City of Danzig with the German Reich of September 1, 1939 (RGBl., I, p. 1547) remain unchanged.

Section 10

The Reich Minister of Finance shall arrange, in agreement with the Reich Minister of the Interior, the questions arising from the reorganization in the sphere of the adjustment of finances.

Section 11

(1) The Reich Minister of the Interior and the Reich Minister of Finance or the agencies determined by them shall order the

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financial adjustments required by the reorganization as well as the measures herewith connected.

(2) Dispositions in accordance with (1) shall establish rights and obligations of those concerned and shall effect the transition, the restrictions and the annulment of real rights.

Section 12

(1) The Reich Minister of the Interior shall be the official chiefly responsible for the reorganization of the Eastern Territories.

(2) He shall issue the general rules and regulations required for the enforcement and execution of this decree.

Section 13

(1) This decree shall take effect as of November 1, 1939.

(2) The Reich Minister of the Interior may, for specified areas, declare the provisions of this decree to be in effect at an earlier date.

Berlin, October 8, 1939.
ADOLF HITLER, Fuehrer and Reich Chancellor
GOERING, General Field Marshal, President of the Council of Ministers for the Defense of the Reich
FRICK, Reich Minister of the Interior
R. HESS, Representative of the Fuehrer
DR. LAMMERS, Reich Minister and Chief of the Reich Chancellery

[David Thompson]

Document 3561-PS: [Decree of the Fuehrer and Reich Chancellor concerning the Administration of the Occupied Polish Territories, October 12, 1939], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, pp. 246-248.

TRANSLATION OF DOCUMENT 3561—PS 1939

REICHSGESETZBLATT, PART 1, PAGE 2077

Decree of the Fuehrer and Reich Chancellor concerning the Administration of the Occupied Polish Territories, October 12, 1939

In order to restore and maintain public order and public life in the occupied Polish territories, I decree :

Section 1.

The territories occupied by German troops shall be subject to the authority of the governor General of the occupied Polish territories, except in so far as they are incorporated within the German Reich.

Section 2.

(1) I appoint Reich Minister Dr. Frank as Governor General of the occupied Polish territories.

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(2) As Deputy Governor General I appoint Reich Minister Dr. Seyss-Inquart.

Section 3.

(1) The Governor General shall be directly responsible to me.

(2) All branches of the administration shall be directed by the Governor General.

Section 4.

The laws at present in force shall remain in force, except in so far as they are in conflict with the taking over of the administration by the German Reich.

Section 5.

(1) The Cabinet Council for Reich Defense, the Commissioner for the Four-Year Plan, and the Governor General may legislate by decree.

(2) The decrees shall be promulgated in the Verordnungsblatt fuer die besetzten polnischen Gebiete.

Section 6.

The Chairman of the Cabinet Council for Reich Defense and Commissioner for the Four-Year Plan, and also the supreme Reich authorities, may make the arrangements required for the planning of German life and the German economic sphere with respect to the territories subject to the authority of the Governor General.

Section 7.

(1) The cost of administration shall be borne by the occupied territory.

(2) The Governor General shall draft a budget. The budget shall require the approval of the Reich Minister of Finance.

Section 8.

(1) The central authority for the occupied Polish territories shall be the Reich Minister of the Interior.

(2) The administrative decrees required for the implementing and supplementing of the present decree shall be issued by the Reich Minister of the Interior.

Section 9.

(1) The present decree shall come into force as soon as and to the extent to which I withdraw the order given to the Commander in Chief of the Army for the exercise of military administration.

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(2) Authority for the exercise of executive power shall be the subject of special provisions.

Berlin, October 12, 1939.
ADOLF HITLER, Fuehrer and Reich Chancellor
GOERING, Field Marshal General, President of the Council of Ministers for the Defense of the Reich and Commissioner of the Four-Year Plan
FRICK, Minister of the Interior
R. HESS, Deputy of the Fuehrer
KEITEL, Chief of the High Command of the Armed Forces
von BRAUCHITSCH, Commander-in-Chief of the Army
von RIBBENTROP, Reich Minister of Foreign Affairs
graf SCHWERIN von KROSIGK, Reich Minister of Finance
DR. LAMMERS, Reich Minister and Chief of the Reich Chancellery.

[David Thompson]

Document 3701-PS: [Translation of Document from the Archives of the Catholic Bishops' Conference, Fulda, given by Secretary of the Bishop of Fulda to Dr. Edmund Walsh in December, 1945], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, pp. 405-410.

Translation of Document from the Archives of the Catholic Bishops' Conference, Fulda, given by Secretary of the Bishop of Fulda to Dr. Edmund Walsh in December, 1945

PROPOSAL FOR REICHSLEITER BORMANN

Concerning: Speech of the Bishop of Muenster on 3 August 1941.

Enclosed I submit the draft of a proposal by the Division Chief for Propaganda, Ministry for Propaganda, for Dr. Goebbels, in which, at the same time, he transmits the speech of the Bishop of Muenster of 3 August 1941.

The proposal of the Propaganda Division to start an enlightenment campaign regarding the Euthanasia question is, in my opinion right—at least for the territories concerned—but under no circumstances is it sufficient.

If against the lies of the bishop (that we are putting the wounded to death), more severe measures are not taken than an information and a probable arrest, this counterpropaganda will continue without a chance for us to offset it successfully.

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I propose that we adopt in this case the only measure that can be taken as good propaganda as well as legal punishment—namely : to hang the Bishop of Muenster. A general public notice of the execution of the death penalty as well as a detailed justification in connection with this measure should be made.

By his lie the Bishop of Muenster not only seeks to insult and to damage National Socialist Germany but at the same time to damage the morale of the German wives and mothers whose husbands and sons are on the battle fields.

Every German therefore will understand the kind of execution I suggest provided we justify it in such a manner. On the other hand, if we should find a more gentle kind of punishment, a large part of the German people will presume that there is some truth in the accusation.

Besides, I should like to draw your attention to the fact that such a consequence of the contemptible conduct of the bishop offers the only chance of influencing other bishops not to indulge in such actions. If the bishop should not be punished at all, or if he should only be subjected to imprisonment or fine, it would be almost like an invitation for the other bishops to activate their attacks against National Socialist Germany and the German people also.

Berlin, 12 August 1941.
Tiessler. Ti/Hu.
Division Chief—Propaganda

Berlin, 12 August 1941
To the Reich Minister for Propaganda and Popular Enlightenment

Concerning: Catholic Action.

At the end of July and the beginning of August several meetings of a rather select committee of the Bishops' Conference of Fulda took place. It was decided at those meetings to continue the line of increasingly sharp opposition. The execution of those decisions becomes evident in three pastoral letters of the Bishop Count von Galen of Muenster. In the pastoral letters of 13 and 20 July the bishop attacked the Gestapo with harsh words because of the closing of several Jesuit houses and convents of the Mission Sisters of the Immaculate Conception ; he calls the officials of the Gestapo thieves and robbers. Then he connects those confiscations with several bombings of the city of Muenster and calls them just punishment from heaven for the misdeeds of the Gestapo. In these pastoral letters he glorifies Pastor Niemoeller and attempts

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to disprove the charge of disturbing the unity of the people by claiming that it is only the Gestapo which is destroying the unity of the people.

After such attacks against official organs of the state, stronger in form and tenor than the earlier mentioned, more hidden accusations, the Bishop of Muenster on 3 August in a sermon to his diocesans came out with the most severe attack against the leadership of the German government ever made during the past decades. After first dealing again with the closing of those religious houses and convents he turns against the execution of measures concerning Euthanasia for incurable cases of feeblemindedness. He first sets forth the argument against Euthanasia and then goes so far as to claim the following :

"Yes, citizens of Muenster, wounded soldiers are being killed recklessly, since they are, productively, of no more use to the state. Mother, your boy will be killed too, if he comes back home from the front wounded." He closes with the remark that the inhabitants of Muenster had not understood God's vengeance which came in the form of English air attacks and he incites the faithful to open opposition, even if they should have to die for it.

For your information I enclose the original text of the sermon.

The allegation of the Bishop of Muenster that wounded soldiers are threatened by measures of Euthanasia was spread by several broadcasts of the London radio. The attitude of the bishop is treason of a definite quality.

It is to be feared that this sermon and the utterances of the bishop will get around by propaganda of mouth and will be believed in wide circle of the Reich, especially among the Catholic population. Moreover it is to be feared that those treasonable accusations will find their way to the Protestant population, especially among families who have relatives at the front.

Measures taken by the state police against the bishop can hardly be successful, because in case of an arrest and judgment the bishop would be made a martyr by the Church, and other bishops and priest would repeat his claims anew. The most suitable measure would be the enlightenment of the population concerning our measures in reference to Euthanasia ; I realized, however, that the present times are very unfit for that. The manner and the means by which the bishop prepared this action makes one fear that he will not relax with his attacks, unless we effect a fundamental change of attitude particularly in the Catholic population.

I inquired at the Reich Ministry for Church Affairs as to how

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they regard this matter over there. I was answered that the authentic text of the sermon unfortunately was not yet known in that Department. The sermon was on 3 August.

I beg the Reich Minister to decide whether or not the Fuehrer shall be asked by group leader Bormann whether the camouflage of Euthanasia thus far in practice ought to be modified so that a defense against the treasonable claims of the Bishop of Muenster can be inaugurated by launching a campaign of popular enlightenment.

Heil Hitler !

Enclosure.

SECRET

PROPOSAL FOR REICHSLEITER BORMANN: Concerning: Sermon of the Bishop of Muenster.
After the conference of Ministers, Dr. Goebbels discussed with me the sermon of the Bishop of Muenster. He could not say what effective measures could be taken at the moment.

I explained to him that in my opinion there could be only one effective measure, namely, to hang the bishop and that I already had informed Reichsleiter Bormann accordingly.

Thereupon Dr. Goebbels said that this was a measure upon which the Fuehrer alone could decide.
He feared, however, that the population of Muenster could be regarded as lost during the war, if anything were done against the bishop, and in that fear one safely could include the whole of Westphalia.

I pointed out to him that it would only be necessary to expose properly that very vulgar lie through propaganda channels. In that way it ought to be possible not only to bring the population there to an understanding of that measure but to create among them rebellion against the bishop.

To that Dr. Goebbels answered again that the Fuehrer himself would certainly come to a decision in that question.

After that he observed that it would have been wiser, in his opinion, not to challenge the Church during the war but to try only to steer them according to our interests as far as possible. For that reason he had ordered the interview with party comrade Gutterer. But then he had not followed up the matter in this way because the Chancery of the Party had chosen the way of uncompromising refusal and open breach. As much as it was for him—(in contrast to other Reich's Leaders)—a matter of course to suppress the press of the Church, because in that regard he had proof

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and excuse concerning the Church. This preserved appearances. He maintained the stand, however, that it would have been better during the war to preserve appearances as far as the Church is concerned. It is permissible always to attack an opponent only if one is in a position to answer properly at the decisive counterattack of that opponent. But this was extraordinarily difficult in the case of the counterattack of the Church during the war, yes, nearly impossible. One should not enjoy a revenge with heat but coldly. In politics one should know how to wait. This the Fuehrer clearly and distinctly had proved again in the case of Russia. If he would have had his way one would have pretended during the war as if [the following line at end of page is missing].

I explained to him that the procedure employed so far had nevertheless accomplished this much, that the Church had opened up and in doing so played into our hands by documents valuable after the war for the struggle against it.

Dr. Goebbels said that in his opinion those measures would have been possible after the war, even without the documents, whereas the effect of the Church documents on the attitude of the people was extraordinarily troublesome now. In any case it is necessary now to establish an absolute and clear rule as to the road to be followed. In the deliberations which have to take place in this connection we should not allow ourselves to be guided by the heart but by completely cold logic.

I personally retain the viewpoint that, if the Fuehrer should agree with my proposal to hang the bishop, we could safely still continue along the lines used so far. However, should the Fuehrer reject this proposal and postpone, a reckoning, and defer action in the present case also, until after the war, I herewith request that it be considered whether Dr. Goebbels should not try, as far as might be possible, to pursue the course he suggested.

Berlin, 13 August 1941.
Tiessler. Ti/Hu

Headquarters of the Fuehrer, 13 August 1941
Bo/Fu

Documentary remark for party comrade Walter Tiessler, Leader of the Reichsring for National Socialist Propaganda and Popular Enlightenment, Berlin W. 8, Hotel Kaiserhof, Room 117.
The several speeches of Bishop Count Galen are known to me. Also the Fuehrer has been given an over-all picture on the atti-

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tude of the bishop. He ordered me to undertake first an exact investigation of the bishop's complaints concerning the closing of cloisters in favor of the NSDAP. This was done ; but so far I have not been able to report to the Fuehrer. Concerning the effects of the speeches of the Bishop I am being continuously informed through the Gau Leader as well as by the Secret State Police.

What kind of steps the Fuehrer will take against the bishop, however, is yet to be decided. A death sentence certainly would be appropriate ; considering the state of the war, however, the Fuehrer hardly will order such a measure.

The Fuehrer also will have to decide whether enlightenment concerning the Euthanasia matters should be started. So far the Fuehrer has declined to adopt this measure.

In your proposal for Reich Minister Dr. Goebbels a decision is requested whether or not the Fuehrer should be asked by one of the adjutants if the camouflage of Euthanasia so far in effect could be modified. I request you to clarify in your office that questions of this kind are not reported to the Fuehrer by the adjutants but through me as the Leader of the Chancery of the Party. This too is precisely one of the reasons, why I should accompany the Fuehrer steadily, in order that all such matters may be reported to the Fuehrer through me.

Bormann

Proposal for Reichsleiter Bormann !

In consequence of your documentary remark of 13 August I informed the Propaganda Division that questions of that kind will not be reported to the Fuehrer through the adjutants but through you. The office thereupon gave me the information that there had been a regrettable misunderstanding. It was Group Leader Bormann, yourself, they meant, not the adjutant. I have been asked by the office to beg your pardon on their behalf.

Tiessler
Berlin, 16 August 1941
Ti/Hu

410

[David Thompson]

Document 3751-PS: [27th May 1935 DIARY OF THE GERMAN MINISTER OF JUSTICE, 1935], in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, pp. 636-641.

PARTIAL TRANSLATION OF DOCUMENT 3751—PS

27th May 1935 DIARY OF THE GERMAN MINISTER OF JUSTICE, 1935

[Page 174]

1. Prosecuting Authorities in Waldeshut, Baden (15.5.)

Criminal proceedings against the Catholic vicar Paul Wasmer. Is submitted with the request that it be discussed, whether a penal sentence should be proposed by Rosenberg because of libel.

In a sermon the accused cited the last verse of a song which is being sung by young people and against which Bishop Bares has taken exception in his official paper dated 10/2/35. The text is as follows:

"Pope and rabbi shall yield,
We want to be pagans again
No longer creep into the churches.
The orb of the sun alone is leading us.
Out with the Jews, and with the pope from the German home."

In addition the accused quoted from page 8 of "Blut and Ehre", the little book of songs published by Baldur von Schirach, a verse with the following text:

"We want to complain to the Lord in heaven, Kyrieleis! That we want to kill the priest, Kyrieleis!
Out with your spear, forward,
Set the red cock on the cloister roof !"
(Set the cloister roof on fire)

Furthermore the accused quoted a saying of Baldur v. Schirach's : "The path of German youth is Rosenberg."

[Page 192]

4. The Archbishop of Paderborn reported on 6th June regarding incidents on 12th May with the request that steps be taken to see that similar things did not occur again in the future.

On the 12th May the Archbishop of Paderborn was to hold a confirmation. On the .10th May a Hitler Youth Fuehrer conference took place, at which a secret order was issued, according to which the Hitler Youth were to attend at specified places in Hamm in uniform clothing (not Service dress). On Sunday, the 12th May, the Hitler Youth appeared in uniform clothing at the big parade ground. There the song about the foreign exchange racketeer [Devisenschieberlied] was practiced:

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"When we were foreign exchange racketeers, there were the three of us, a Father and two monks, they were foreign exchange racketeers, there was a nun with them

"And when they continued racketeering, then there were only two, one was in jail, they nabbed him, then the fun was over.

"Then she whispered softly, now it is your turn my friend, now you come with your close-cropped hair, looking like an A . . . with ears, to answer the heavenly roll-call."

Bannfuehrer Grothet then made a speech.

Scattered over the railway station and the square in front according to plan.

On the appearance of the Archbishop a civilian gave three cheers for the beloved Lord Bishop.

When the Archbishop wanted to get into his car, the Hitler Youth try to prevent him, calls of "down with the foreign exchange racketeer" and so on. Hitler Youths rush after the car and try to overturn it. A few youths jump on to the running board of the car and when they are prevented from so doing, push their way forward brandishing their daggers of honour. A Hitler Youth tries to spit into the car. Passers-by who urge them to stop, are abused and beaten. A woman civilian has to be carried away from the square. When the Archbishop arrives at the church the Hitler Youth roar "Throw the black fellow down the stairs". During the sermon, the Hitler Youth continue the uproar, often banging against the church door so that the service is greatly disturbed. Finally the emergency squad restored order. On that day alone there were 7 Hitler Youth leaders from outside present in Hamm. They were in civilian clothes.

* * * * * * *

[Page 215]

The General Public Prosecutor in Stuttgart submits a report by the prosecuting authorities in Stuttgart concerning the case in Schorndorf against Paul Roos and accomplices charged with intimidation. The victim had refused to have "Der Stuermer" displayed in a display case at his house, and at the same time described the "Stuermer" as a vulgar newspaper which the Fuehrer had already repeatedly banned. Thereupon a demonstration was staged against him in which the defendant, Sturmfuehter Roos, as well as SA-reserves in civilian clothing and Hitler Youth with a band of musicians in uniform, took part. The

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injured party was forced to march through the city behind the band, and recitation in unison of anti-Jewish sentiments were staged. The incident is said to have created quite a stir in Schorndorf.
* * *

[Page 228]

9. The Prosecuting Authority, Bamberg reports regarding criminal proceedings against Chaplain Heinrich Mueller and the town clergyman Franz Ruemmer concerning an offense against the Law of 20.12.34. The accused have stated, in a circle of Catholic clergy, that the following song was sung by the Hitler Youth at the Party Rally 1934:

"We are the happy Hitler Youth
We need no Christian virtues,
For our Fuehrer Adolf Hitler
Is always our mediator.

"No parson, no evil man can prevent us
From feeling ourselves to be Hitler children,
We do not follow Christ but Horst Wessel,
Away with incense and holy water vessels.

"We follow our flags singing
As worthy sons of our ancestors,
I am no Christian, no Catholic,
I go with the SA through thick and thin.

"I can do without the Church,
The Swastika is redemption on earth,
I will dog its steps,
Baldur von Schirach, take me with you!"

The prosecuting authority would like to bring [crossed out in ink at least] the one accused to trial, but considers it possible that the Court may consider the statement by the Pol. Dir. Nurnberg, that the song was unknown to all Hitler Jugend Units in Upper and Central Franconia as insufficient evidence and would therefore result in an acquittal.

The General Prosecuting Authority notes that there is no doubt that the song in question was sung or circulated in the Hitler Youth circles, but he thinks that the statement that the song was sung at the Party Rally, i.e. to a certain extent under the eyes and with the consent of the highest Party officials, can be disproved.
* * * * *

[Page 241]

Chief Public Prosecutor (OSTA) Magdeburg reports in a report to the Central Public Prosecutor's Office (subsequently forwarded

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to me) concerning a demonstration in front of the house of a member of the "Stahlhelm" by the name of Sonntag in Warsleben, District (Kr.) Neuhaldenslebe on Saturday, 6 July, about 2100. The cause for this statement which Sonntag is said to have made a few days earlier at 'a Landwehr Social Gathering, to wit: "I was and still am faithful to the Kaiser. Not Hitler but quite other forces rule in Germany. . . ." Sonntag denies having made this statement. He claims to have declared that he had been true to the Kaiser and that he had then wanted to continue that his allegiance now belonged to the Fuehrer. Thereupon, on 6 July, the accused Schuett, is the leader of the party organization squads [Bereitschaftsleiter der PO] in 16 communities, at a squad evening of the party organization in Warsleben, together with the accused, District Training Leader [Kreisausbildungsleiter] Stueber, induced the 58 local officers [Amtswalter] to take part in the demonstration. In addition 17 members of the Hitler Youth organization who were working in the vicinity as farm helpers were drawn in. Schuett declared to those present that it was the task of party members to take part in remedying the existing abuses, and promised the farm helpers in particular that those who took part in the demonstration would not make themselves liable to any punishment, and in the case of official intervention the party organization [PO] would use its influence to quash the proceedings. Then they assembled in front of the house in which Sonntag lives, searched it resulting in the usual damage, threatened Sonntag's wife, who was then taken into protective custody by the police sergeant who came upon the scene. Schuett was arrested. The public prosecutor (StA) calls attention to the fad that, according to statements of the Kreisleiter, the population of Neuhaldensleben is in an alarming state of excitement because the Party and the Fuehrer were constantly being referred to contemptuously, particularly by members of the Stahlhelm.

The matter has been referred to State Secretary Schlegelberger.
* * * * * * *

[Page 392]

General Public Prosecutor [GenStA] Marienwerder (1.10.) Attack upon a member of the German Girls' League [BDM-Maedel] named Dux. On 22 August a report appeared in the Voelkischer Beobachter according to which a member of the German Girls' League [BDM-Maedel] named Dux in Schneidemuehl was openly assaulted in the street by members of a Catholic

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youth group and struck down with a bicycle pump. The girl is said to have been seriously injured and to have required medical attention. The same incident led to a large protest demonstration by the Hitler Youth [Hell in Schneidemuehl and to a propaganda march by Hitler Youth in the same place.

[Marginal note to foregoing paragraph : "V. (letter to Goebbels concerning recent lying reports in the press)"]

At this point the Chief Public Prosecutor [OStA] in Schneidemuehl made a report concerning results of the inquiry. According to this it was so dark where the incident took place that the recognition of insignia of any organization was impossible. The physician who was stated by Dux to have treated her denied this. The Dux girl finally admitted that she had not been under medical care. Inspection by the police doctor revealed that no head wound existed under the dressing covering the Dux girl's forehead (minute reddened area).

3. Chief Public Prosecutor [OStA] Elbing (27. Sept.)

Legal proceedings due to an assault upon Hitler Youth Scharf uehrer Schubring.

A report appeared in the Voelkischer Beobachter of 16 August, under the heading "Hitler Youth member struck down by members of Catholic youth groups," according to which Sch. was assaulted and struck down in the most brutal manner. The Chief Public Prosecutor's report [OStA]] indicates that the statements of Sch. are to be seriously doubted. Sch. did not see or hear anything of the assaulter. According to medical testimony the blow did not create an outwardly visible wound or induce any change at all other than a slight redness round the eyes, so that it is inexplicable how Sch. could have become unconscious, considering that he can box.

[Page 341]

Chief Public Prosecutor [OStA] in Duisburg (26 August 1935) compare 2825. On 9 July the attempt was made to set free the SA-man and another intruder, who had been arrested.

On the same evening-9 July—a further clash took place, during which a police official who intervened was wildly insulted and shoved around by the crowd. He drew his side-arm and injured a Hitler Youth member. There was no improper conduct on the part of the police official.

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On the same evening several window panes were broken in prelate Cupper's house, by stones being thrown.

An SA-man who had attended the meeting at which Muckermann spoke was attacked on his way home.

On the evening of 10 July encounters with the police took place by reason of the posters which were put up and again removed. 5 police officials were slightly injured.

About 2100 the Catholic Institute was stormed and its fixtures and furniture destroyed. Police who hurried to the scene were received with ugly oaths. "You bloodhounds, for shame, get out of here or we will trample you to death."

When the Institute was stormed for a second time the police officials were actually attacked, two of them injured, one by a knife stab in the face.

About 2300 the Catholic workers' home was visited by large numbers of people then suddenly deserted as pre-arranged, without payment being made for the beer, the flags of the Catholic Workers' Association were taken away, also three sashes, carrying belts, a flag streamer and 10 ashtrays ; a chocolate-machine and a bust of St. Joseph were destroyed.

On 10 July another attack on the Catholic Youth Hostel.

The participants for the most part belong to the Hitler Youth. The evening at home which had been planned was not carried out, as the Hitler Youth participants are said to have gone out of curiosity to the scenes of activity. From the fact that the places where the deeds took place were suddenly filled with a crowd of over 2000 persons, the impression is created that numerous members of the Hitler Youth were instructed to assemble at a given time by some office with authority over the youths who appeared. A 15-year-old Hitler Youth member who appeared in uniform was sent back to put on civilian clothing.

The ringleaders [Raedelsfuehrer] Schoer, Bettelhaeuser, Schulte, Schmidt, Hommrich, Schofs, are to be accused of disturbance of the peace, also Sonneborn, Mehl, Herwig and Suhr. Other cases suspended.

At first considerable disturbance among the citizens of Duisburg, now considerably more peaceful atmosphere.

641

[David Thompson]

The next document in this sequence is Document D-75: "Secret Decree Of The Reichsleiter Bormann Regarding The Relationship Of National Socialism To Christendom," and it can be seen at:

Bormann Decree on the NSDAP and the German Churches
http://forum.axishistory.com/viewtopic.php?t=60800

[David Thompson]

Document D-84: Gestapo Instructions to State Police Departments, 5 August 1937, regarding protective custody for Bible Students, in Nazi Conspiracy and Aggression, Volume VI, US Government Printing Office, Washington DC: 1946, pp. 1040-1043.

TRANSLATION OF DOCUMENT D-84

SECRET STATE POLICE.
SECRET STATE POLICE DEPARTMENT.
II B 2-1286/37S.
Berlin,
5 August 1937.
To all leading State Police Departments and State Police Departments.
For Information:—Government Presidents and Government Vice-Presidents in Prussia and the Ministries of the Interior and all regions except Prussia.
Reference:—Protective Custody for Bible Students [Bibelforschers].
Sub-Ref:— Nil.

The Reichs Minister of Justice had informed me that he does not share the opinion voiced by subordinate departments on various occasions, according to which, the arrest of the Bibelforschers after they have served a sentence, is supposed to jeopardize the authority of the Law Courts. He is fully aware of the necessity for measures by the State Police after the sentence has been served. He asks, however, not to bring the Bibelforschers into protective custody under circumstances detrimental to the respect of the law courts.

The Reichs Minister of Justice has instructed his subordinate departments in this connection that protective custody for Bibelforschers, when this has been decreed after the serving of a sentence or after the cancellation of an arrest order, will no longer be carried out in convict prisons which are under the administration of the Courts. At the same time, following my suggestion, he has instructed the departments concerned with the carrying out of the sentences, to notify the appropriate State Police Department of the impending discharge of Bibelforschers under sentence one month before they are discharged. Accordingly I order :-

(1) If a Bibelforscher has been acquitted as the result of a trial, or if part of the sentence is remitted because of remand, an arrest in court under my circular decree dated 22.4.37-11 B 2/326/37 S—will not, for the time being, be carried out.

(2) If information regarding the impending release of a Bibelforscher from arrest is received from the authorities carrying out the sentence, my decision regarding the ordering of measures by the State Police, will be asked for in accordance with my circular decree dated 22.4.37, so that transfer to a concentration camp can take place immediately after the sentence has been served. Should a transfer into a concentration camp

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immediately after the serving of the sentence not be possible, Bibelforschers will be detained in police prisons.

In each case immediate report must be made.

per pro Mueller.
Certified
(Sgd) (Signature) Office Employee.

Secret State Police,
Secret State Police Department, Dusseldorf
Dusseldorf. 2
3 August 1937
II B/80, 20/2119/I.B.V.

A copy is attached for your information and observation.

The contents of the circular decree dated 22.IV.1937—H B 2-326/37-S—quoted under (1) have been notified by circular letter dated 12.V.1937—H B/1035/37/80.20/I.B.V.

Appendix for the information of Sub-prefects:

Prints for the information of the Burgomasters are attached herewith.

(signed) Kanstein.
Certified correct
(signed) Ramme,
Police Office Assistant,
To the Service Departments, the Sub-prefects, the Police Administration Departments at Neuss and Viersen, and II D in this building.
For correctness of the copy (signed) Berson, Employee.
Copy

SECRET STATE POLICE STATE POLICE DEPARTMENT
DUSSELDORF, 27 Apr 39
DUSSELDORF
II B 2119/37/80.20/JBV:
Reference: Protective Custody for Bibelforschers.
Subject: Reference my circular decree 15 Dec 37, file reference as above.

Bibelforschers have recently been released from detention after having served a sentence without an appropriate decision having been applied for from this department. I therefore draw your

1041

D-84

attention once more to my circular decree dated 12 May 37—II B. 1035/38/80, 20/JBV—and that dated 23 Aug 37—II B. 80, 20/ 2119/JBV—and, in addition, point out the following.

1. In principle, all Bibelforschers are to be taken into protective custody after having served a sentence. Application for protective custody together with necessary details to be made to Service Department II D.

2. If, for exceptional reasons, Bibelforschers are to be released after having served their sentence, a detailed report giving the reasons for this, if necessary with the relative documents, is to be handed to Service Department II B, which will then report to Gestapo accordingly. If no instructions have been received on such a case on the day of the completion of the sentence, these Bibelforschers are to be taken into protective custody for the time being; further instructions will be awaited, since the Gestapo, as is apparent from the contents of the circular decree referred to above, has reserved itself the exclusive decision on the release of Bibelforschers who have served their sentence.

Para 2 of the above will apply even where the Bibelforschers have made convincing statements to the effect that they will not in future be active, or even where they have signed a document to that effect.

I request that the above directives are observed.
Appendix for information of Sub-prefects
Additional prints for the Burgomaster's attention.
(signed) Sommer.
Certified : Signature
Police Office Assistant
To the State Police Service Department.
Sub-Prefects of the Districts.
Police Administration, Neuss and Viersen.

[David Thompson]

Documents EC-68 and EC-84: Confidential letter from Minister of Finance and Economy, containing directives on treatment of Polish farm waorkers, 6 March 1941, in Nazi Conspiracy and Aggression, Volume VII, US Government Printing Office, Washington DC: 1946, pp. 260-263.

TRANSLATION OF DOCUMENT EC-68

49-7 III B 5 C (in pencil)
Copy
Minister for Finance and Economy of Baden
Karlsruhe, 6 March 1941 State Food Office Dept. A.
(State Peasants Association) [Landesbauernschaft]
Confidential
To all District Peasants Association [Kreisbauernschaften]
Only for Official Business Subject: Directives on the treatment of foreign farmworkers of
Polish Nationality

The agencies of the Reich Food Administration [Reichsnaehrstand]—State Peasant Association of Baden have received the result of the negotiations with the Higher SS and police officer in Stuttgart on 14 February 1941, with great satisfaction. Appropriate memoranda have already been turned over to the District Peasants Associations. Below, I promulgate the individual regulations, as they have been laid down during the conference and how they are now to be applied accordingly:

1. Fundamentally, farmworkers of Polish nationality no longer have the right to complain, and thus no complaints may be accepted any more by any official agency.

2. The farmworkers of Polish nationality may not leave the localities in which they are employed, and have a curfew from 1 Oct. to 31 March from 2000 hours to 0600 hours, and from 1 April to 30 Sep. from 2100 hours to 0500 hours.

3. The use of bicycles is strictly prohibited. Exceptions are possible, for riding to the place of work in the field, if a relative of the employer or the employer himself is present.

4. The visit of churches, regardless of faith, is strictly prohibited, even when there is no service in progress. Individual spiritual care by clergymen outside of the church is permitted.

5. Visits to theaters, motion pictures or other cultural entertainment are strictly prohibited for farmworkers of Polish nationality.

6. The visit of restaurants is strictly prohibited to farmworkers of Polish nationality except for one restaurant in the village, which will be selected by the Rural Councillor's Office [Landratsamt], and then only one day per week. The day, which is determined as the day to visit the restaurant, will also -be determined by the Landratsamt. This regulation does not change the curfew regulation, mentioned above under no. 2.

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7. Sexual intercourse with women and girls is strictly prohibited, and wherever it is established, it must be reported.

8. Gatherings of farmworkers of Polish nationality after work is prohibited, whether it is on other farms, in the stables, or in the living quarters of the Poles.

9. The use of railroads, buses, or other public conveyances by farmworkers of Polish nationality is prohibited.

10. Permits to leave the village may only be granted in very exceptional cases, by the local police authority (mayor's office). However, in no case may it be granted if he wants to visit a public agency on his own, whether it is a labor office or the District Peasants Association or whether he wants to change his place of employment.

11. Arbitrary change of employment is strictly prohibited. The farmworkers of Polish nationality have to work daily so long as the interests of the enterprise demands it, and as it is demanded by the employer. There are no time limits to the working time.

12. Every employer has the right to give corporal punishment toward farmworkers of Polish nationality, if instructions and good words fail. The employer may not be held accountable in any such case by an official agency.

13. Farmworkers of Polish nationality should if possible be removed from the community of the home, and they can be quartered in stables etc. No remorse whatever should restrict such action.

14. Report to the authorities is compulsory in all cases, when crimes have been committed by farmworkers of Polish nationality, which are to sabotage the enterprise or slow down work, for instance unwillingness to work, impertinent behaviour ; it is compulsory even in minor cases. An employer, who loses his Pole who must serve a longer prison sentence because of such a compulsory report, will receive another Pole from the competent labor office on request with preference.

15. In all other cases, only the state police is still competent.

For the employer himself, severe punishment is contemplated, if it is established that the necessary distance from farmworkers of Polish nationality has not been kept. The same applies to women and girls. Extra rations are strictly prohibited. Noncompliance of the Reich tariffs for farmworkers of Polish nationality will be punished by the competent labor office by the taking away of the worker.
In any case of doubt, the State Peasants Association—I B will give information.

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EC-68

PARTIAL TRANSLATION OF DOCUMENT EC-84

Forwarding in writing of the above agreement to the farm-workers of Polish nationality is strictly prohibited.

These regulations do not apply to Poles who are still prisoners of war and are thus subordinated to the armed forces. In this case, the regulations published by the armed forces apply.

Heil Hitler !
By Order /s/ Dr. Klotz

[David Thompson]

Document R-101-A: Letter from Chief of the Security Police and Security Service to the Reich Commissioner for the Consolidation of German Folkdom, 5 April 1940, with enclosures concerning confiscation of church property, in Nazi Conspiracy and Aggression, Volume VIII, US Government Printing Office, Washington DC: 1946, pp. 87-89.

TRANSLATION OF DOCUMENT R-101--A

Ko/4/16.1.40
Berlin S.W.68, April 5th 1940 103 Wilhelmstreet
The Chief of the Security Police and of the Security Service SS II B 3-II. 1131-C.42-21 Tr./Is
Please mention the Ref. Nr. and date when replying
To The Reich Commissioner for the consolidation of German Folkdom
c/o SS-Brig.Ldr.Griefelt
Berlin Halensee
142 Kurfuerstendamm
Subject: Expropriation of property owned by Churches and Monasteries for the purpose of resettling persons of German race.
Ref : Letter of 16 Jan. 40 C II 2-Dr.W/Sa
Encl: 3 files, 1 list, copy of a letter, plans of buildings.

Enclosed I submit for your information, copy, of a letter addressed by the Chief of Security Police and Security Service to the Reich Leader SS and Chief of the German Police on 21 Feb. 1940.. The Reich Leader SS has agreed to the proposals made in the enclosed letter and has ordered the matter to be dealt with by collaboration between the Chief of the Security Police and Security Service and your office. The measures agreed upon are to be carried out by means of the law concerning Appropriation of Real Estate for the use of the German Forces [Wehrleistungsgesetz] under the heading "The Reich Commissioner for the Consolidation of German Folkdom". In regard to Par. 4. of the enclosed letter the Reich Leader has made the marginal comment "Very Good". Furthermore I submit 3 files with detailed material on the Church property in question.

Would you please get in touch with my office, after having read the files, so that further measures can be taken in hand.

By Order
[Signed] Six "Standartenfuehrer SS"

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R-101-A

COPY
Berlin SW 11, 21 Feb. 1940 Prinz-Albrecht-Street 8
The Chief of Security Police and the SD II B 3 11 1131
C.42-21
Personal!
TO: Reichsfuehrer SS and Chief of the German Police Berlin SW 11, Prinz-Albrecht Street 8.
Subject: Expropriation of Churches and Monastaries for the Accommodation of Racial Germans.
Reference: Letter of the Reich Commissioner for the Consolidation of German Folkdom. C II 2—Dr W/Su of 16.1.1940
Enclosures : 3 files, 1 list.

Enclosed is a list of church possessions which might be available for the accommodation of Racial Germans. The list, which please return, is supplemented by correspondence and illustrated material pertinent to the subject.

For political reasons, expropriation without indemnity of the entire property of the churches and religious orders will hardly be possible at this time.

Expropriation with indemnity or in return for assignment of other lands and grounds will be even less possible.

It is therefore suggested that the respective authorities of the Orders be instructed that they make available the monasteries concerned for the accommodation of Racial Germans and remove their own members to other less populous monasteries.

[Marginal note in pencil opposite this paragraph : "Very Good"]

The final expropriation of these properties thus placed at our disposal can then be carried out step by step in course of time.

It is suggested that the help of the Reich Union for Folk Welfare and Resettlement Aid be enlisted for the detailed work; that organization has at its disposal an appropriate number of experts trained in this field.

[Marginal note in pencil opposite this paragraph: Chief is Sturmbannfuehrer Dr. Roehrich! Take care !]

(signed) Heydrich SS-Gruppenfuehrer

Appended are:
List of items submitted to the Reichsfuehrer SS in the original.
Concerning determination of suitable monasteries for the housing of Teachers' colleges.
(follows : list of documents pertaining to
monasteries by localities: 1) Frankfurt on Main, etc. to 18)
Concerning accommodation for Baltic Germans who cannot be used for work
[follows : list of documents pertaining to
monasteries by localities: 19) to 21)

[David Thompson]

Document R-101-B: Letter from Himmler to Dr. Winkler, 31 October 1940, concerning the treatment of church property in incorporated eastern countries, in Nazi Conspiracy and Aggression, Volume VIII, US Government Printing Office, Washington DC: 1946, pp. 89-91.

TRANSLATION OF DOCUMENT R-10I-B COPY

The Reich Leader SS and Chief of the German Police
Berlin SW 11, 31 October 1940 .
8 Prince Albrecht-Street
S-IV A. 4 a-117o/40
SPECIAL DELIVERY LETTER

To the Commissioner for the Four-Year-Plan
c/o Burgomaster, Main Trustee Office (East) Dr. Winkler Berlin W.9
28 Potsdamer-Street
Subject: Treatment of Church Property in the incorporated Eastern countries.
Ref : Your Special Delivery letter of 10 Sept. 1940—Dr. H.
A./Roe-Va/A 2 1821

Dear Party Comrade Dr. Winkler,

I, too, am of the opinion that in accordance with the rules governing the work of the Main Trustee Office East, all Polish property must be confiscated. As I already pointed out to your office in my letter of 10 March 1940—my ref. IA 3-2031/40-212-, it is considered absolutely necessary and desirable from the viewpoint of the Security Police, to seize also the property owned by the Catholic and Protestant Churches in the incorporated areas. I have no hesitation to use a very severe yard stick in this matter and to make as few exceptions as possible, especially since in

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R-101-B

the meantime conditions in the field of foreign relations have changed fundamentally, and at the same time conditions in the incorporated countries have calmed down to a certain extent.

In particular, I hold the view that in carrying out the confiscations no difference should be made between the property of the United, Evangelical-Lutheran and Catholic Churches., It may be correct that most racial Germans were members of the United Church as distinct from the Catholic Church and the Evangelical-Lutheran Church, led by Bishop Bursche; on the other hand, a special treatment of the United church would only lead to appeals and to discussions which are undesirable generally as well as from the point of view of church policy. For the same reason I do not think it is feasible to exempt Church property and church installations, the administration, of which has in the meantime been transferred to Germans.

As to the question to what extent Churches, Chapels, cemeteries and official residences of ministers still officiating should be confiscated, I consider that those premises which are still used 'for divine service should be exempted, whereas all other premises, e.g. churches no longer in use should be confiscated. In particular I consider it necessary to confiscate all cemeteries ; this will make it possible to initiate quickly the proposed policy of making cemeteries undenominational and of transferring them to communal ownership.

I am unable to share your apprehensions lest an extended seizure of church property might deprive the ministers still officiating of their subsistence.

I would point out, that in the "Warthegau", the largest district in the incorporated Eastern area, the. Church Tax Law has since been introduced, so that the ministers are enabled, in accordance with the purpose of that law, to meet their expenses from the Church Taxes received. A similar Law is in preparation for Danzig-West Prussia so that there, too, the subsistence of the ministers will be assured. For the rest the ministers have all kinds of incidental revenues such as christening, burial and mass fees, so that there need be no fear of their suffering distress. Lastly, the Reich Church Minister has, as far as I know, earmarked considerable sums for the subsistence of ministers in the incorporated Eastern areas. He therefore should have no difficulties in allowing the ministers in the district Danzig-West Prussia and in the annexed parts of Upper Silesia, appropriate relief or salaries, until such time as the Church Tax Law is introduced there.

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R-101-B

Finally, I wish to remark that I, too, am of the opinion that the proposed confiscations will have to be carried out by your office. If in certain cases confiscations should have been effected in the meantime by the Police or by District Presidents (Land-mete), it was probably a question of preliminary seizures of premises for the use of returning Germans ; such measures should not be considered confiscations in the proper sense.

I should be grateful if you will keep me informed of further developments in the matter.

Heil Hitler!
Yours sincerely,
(signed) H. HIMMLER

[David Thompson]

Document R-101-C: Letter to Reich Leader SS, 30 July 1941, concerning treatment of church property in incorporated eastern areas, in Nazi Conspiracy and Aggression, Volume VIII, US Government Printing Office, Washington DC: 1946, pp. 91-92.

TRANSLATION OF DOCUMENT R-101-C

[Rubber stamp:]
Submit again: 15 August, 1 Sept.
July 30th 1941 C-6/6/10.2.40
Subject: Treatment of Church Property in the incorporated Eastern areas
Reference: Letter of this office of 31 May 1941
Encl: Nil
To Reich Leader SS.
Berlin SW ,11
8 Prince-Albrecht-Street

Reich Leader!

Further, to the report of 30 May 1941, this office considers it its duty to call the Reich Leader's attention to the development which is currently taking place in the incorporated Eastern countries with regard to seizure and confiscation of Church property.

As soon as the Reich Laws on expropriation had been introduced, the Reich Governor and Gauleiter in the Wartheland Adopted the practice of expropriating real estate belonging to churches, for use as dwellings. He grants compensation to the extent of the assessed value and pays the equivalent amount into blocked accounts.

Moreover the East German Estate Administration Limited [Ostdeutsche Landbewirtschaftungs-Ges.m.b.H.] reports that in the "Warthegau" all real estate owned by the churches is being claimed by the local Gau administration [Gauselbstverwaltung]

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R-101-C

As already reported, the Main Trustee Office East has ordered and carried out the confiscation of Church property on their own sector. Although the Main Trustee Office has taken care, wherever possible, to avoid touching agricultural Church property, the fact that the Trustee Offices carry out confiscations, while the Land Offices [Bodenaemter] have so far remained completely passive in accordance with their orders, inevitably leads to frictions, encroachments and disagreements in practice.

This office, therefore ventures to apply for a ruling as to how Church property in the Incorporated Eastern Areas is to be dealt with.

By Order
[signature illegible]
"SS-Standardtenfuehrer"
[initials]

[David Thompson]

Document R-101-D: Letter from Chief of Staff, Reich Security Main Office (RSHA) to Reich Leader SS, 30 March 1942, concerning confiscation of church property, in Nazi Conspiracy and Aggression, Volume VIII, US Government Printing Office, Washington DC: 1946, pp. 92-95.

TRANSLATION OF DOCUMENT R-101-D

C-8/2/30.12/39 Wir/Wi
March 30th 1942. [in pencil]
Send at once to
[follows illegible initial]
[rubber stamp]
Submit again
Subject: Confiscation of premises, especially monasteries and ecclesiastical institutions for the housing of re-settlers. Ref : My letter of 17 Dec. 1940
Your letter of 7 Jan. 1941, Ref. No. AH/1240/289

To Reich Leader SS
Berlin S.W.11.
8 Prince-Albrecht Street.

Reich Leader!

Immediately upon receipt of your letter of 7 January 1941, this office stopped all payments of rent to those monasteries and ecclesiastical institutions, whose premises had been put to use as camps for resettlers, and this even in cases where the Repatriation Department [Volksdeutsche Mittelstelle] had in the meantime concluded leases with the owners in question.

By agreement with the Main Security Office SS [Reichssicherheitshauptamt], I simultaneously entered into discussions with the Reich Minister for the Interior, in order to induce him to
92supplement the law, concerning Appropriation of Real Estate for the Use of the Forces [Reichsleistungsgesetz], by issuing executive instructions on the compensation question, which would make it possible to seize ecclesiastical premises without compensation.

After further preparations in which the Party Chancellery participated prominently, the Reich Minister of the Interior found a way which makes it possible to seize ecclesiastical premises practically without compensation, and yet avoids the impression of being a measure directed against the Church. In fact, the Reich Minister of the Interior intended to apply to these ecclesiastical objects a decree, issued by him on 26 April 1940 with regard to public buildings owned by communes or other public corporations. This decree merely provided, that the "public corporations concerned, should be compensated for current expenses (light and water charges, etc.) and certain losses of revenue, while it would be up to the public corporations themselves to bear the remaining charges on the estate, such as interest on mortgages, taxes, etc. It was to be stated, for the sake of external appearance, that this decree had been intended to apply to all premises "which were not used for the purpose of making profits."

This way of dealing with the matter, which would have been acceptable from the view-point of church policy, was however, violently opposed by the High Command of the Forces. As a matter of principle, executive instructions to the "Wehrleistungsgesetz" may be issued only with the approval of the High Command.

As far as is known, the High Command based its opposition primarily on the contention that if the Decree of 26 April 1940, which was originally intended to apply only to communes, were applied to church property without restriction, this would inevitably bring about the financial collapse of the ecclesiastical institutions concerned. This conclusion was indeed correct; if the ecclesiastical institutions are paid no real rent or other compensation for the use of their premises, while at the same time they are not relieved of their obligation to pay interest on mortgages, rates, repairs, etc., these institutions must collapse financially. Moreover, the High Command is said to have stated, that it was most- undesirable at the moment to discontinue suddenly the hitherto magnanimous practice of the Forces in regard to compensation. The Forces—in contrast to this office—had hitherto paid rent to church institutions just as to other owners

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of private premises, which they had taken over. The rent was computed on the basis of the floor space of the premises concerned.

The latest development in these discussions between the High Command on the one side, and the Party Chancellery and the Reich Minister of the Interior on the other, is said to be this: The respective officials in charge of the matter have reported on the differences of opinion to General Reinecke on the one side, and Party Director Bormann on the other. Allegedly, the intention is, that Gen. Reinecke and Party Director Bormann ask the Fuehrer for his decision in this matter.

This office considers it pertinent to inform the Reich Leader SS of these developments, and to request him to use his influence, if possible, in order to bring about as quickly as possible a ruling conforming with the wishes of the Party Chancellery.

Since the decision on this problem has been delayed already for more than a year, this office has encountered certain difficulties in dealing with the numerous pending cases of confiscation. The ecclesiastical institutions rightly point out, that the Forces make no objection to paying rent, whereas the "Volksdeutsche Mittelstelle", as well as this office refuse the payment of rent in every instance. Above all, owing to the fact that this office has until now strictly refused any payment, there has been in recent months an increasing number of instances, where communes and District Presidents have applied to us directly for their tax claims, while tradesmen have submitted to us their bills, and mortgage creditors their interest claims; all these persons, as well as the evacuated inmates of Church Asylums etc. complain that the stoppage of all rent payments by this office has deprived them of their rightful claims.

In some cases, Church institutions have already started lawsuits against the Reich (as represented by this office) in the Berlin District Court and in other courts in the Reich. In one of these cases, judgment was passed in favor of the Reich. In other cases, the outcome is doubtful. One of the plaintiffs is Cardinal-Archbishop Bertram of Breslau, who puts forward a claim for rent ceded to him for this purpose by the Annaheim Convent of St. Annaberg, since dissolved by the State Police. In this case, prompt action by the State Police, which, unfortunately is not possible everywhere, will probably have the effect of the Archbishop's case being dismissed.

Assuming that it may be a long time before a final settlement is reached, the officials charged with this matter in the respective offices, including the representative of the Party Chancellery,

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have made a proposal, which may be acceptable, as an interim solution; according to this proposal, the ecclesiastical institutions would, for the time being, be paid amounts corresponding to the current charges on the premises (mortgage interest, taxes etc.) By receiving these moneys, the churches would, make no profit. It might be laid down, moreover, that these payments must never be-made to the ecclesiastical institutions themselves, but direct from here to the creditors, and might be made a condition of payment, that mortgage creditors cede to this office their claims for interest against the churches concerned. Indirectly, it would still be some relief for the churches if their obligations were taken over.

Although such a solution may not be altogether satisfactory from the point of view of church policy, it may yet help to calm down for the moment the anxiety among the non-clerical circles which are indirectly involved. It is through these repercussions, that the greatest amount of annoyance is caused to those who have to deal with these matters. Furthermore, it might be worth considering, whether the special treatment ordered by the Reich Leader SS, should not be confined to 'those church institutions proper which never have served profitable purposes, and which, therefore have no right whatsoever to derive any gains from measures dictated by military necessity. Such an arrangement would be in line with the basic idea of the settlement originally worked out by the Party Chancellery and by the Reich Minister of the Interior. The result of this limitation would be, that rent could be paid, in accordance with the general rules of the "Reichsleistungsgesetz", to numerous institutions of the Evangelical Inner Mission which have always been used for the purpose of earning a profit (hostels, hotels, sanatoria, etc.) It is precisely for these commercial institutions with an ecclesiastical background that the dependence on former sources of revenue is greatest; being purely commercial enterprises, they usually had an appropriate amount of debts ; therefore the adverse effect on the creditors is greatest in the case of these semi-ecclesiastical enterprises. The strict refusal of any rent payment would then apply only to monasteries proper, retreats, etc.

I have the honour to request a decision as to whether pending a final settlement of the compensation question, compensation may be granted at least for current real estate charges, as proposed above.

The Chief of the Staff Main Office
[signed] C.W. SS-Gruppenfuehrer