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“National Socialism must and will overpower the new Austrian ideology. If today it is contended in Austria that the NSDAP is only a centralized Reich German Party and therefore unable to transfer the spirit of thought of National Socialism to groups of people of a different political makeup, the answer must rightly be that the national revolution in Germany could not have been brought about in a different way. But when the creation of the people’s community in the Reich will be completed, National Socialism could, in a much wider sense than this is possible through the present Party organization—at least apparently—certainly become the rallying point for all racially German units beyond the borders. Spiritual progress in regard to Austria cannot be achieved today with any centralized tendency. If this recognition would once and for all be stated clearly from within the Reich, then it would easily become possible to effect a break-through into the front of the New Austria. A Nuremberg Party Day designated as ‘The German Day’ as in old times and the proclamation of a National Socialistic peoples’ front would be a stirring event for all beyond the borders of the Reich. Such attacks would win us also the particularistic Austrian circles, whose spokesman, the legitimistic Count Dubsky, wrote in his pamphlet about the Anschluss: ‘The Third Reich will be with Austria, or it will not be at all. National Socialism must win it or perish if it is unable to solve this task.’ ”

We have other reports from Von Papen to Hitler which I shall offer in evidence presently, showing that he maintained covert contact with the National Socialist groups in Austria. It is certainly interesting that from the very start of his mission, Defendant Von Papen was thinking of ways and means of using the principle of National Socialism for national Germans outside the border of Germany. Papen was working for the Anschluss, although he preferred to use the principles of National Socialism rather than rely on the Party organization as a necessary means of establishing those principles in the German Reich.

Next we have some assurance and reassurance to Austria. The German Government did no more than keep up a pretense of non-interference with Austrian groups. It employed the psychological inducement of providing assurances that it had no designs on Austrian independence. If Austria could find hope for the execution of those assurances, she could find her way clear to the granting of concessions and obtain relief from the economic and internal pressure.

I offer Document 2247-PS in evidence as Exhibit USA-64. It is a letter from Von Papen, while in Berlin, to Hitler, dated May 17, 1935.

Von Papen’s letter indicated to Hitler that a forthright credible statement by Germany reassuring Austria, would be most useful for German diplomatic purposes and for the improvement of relationship between Austria and German groups in Austria.

He had a scheme for pitting Schuschnigg and his Christian Social forces against Starhemberg, the Vice Chancellor of Austria, who was backed by Mussolini. Von Papen hoped to persuade Schuschnigg to ally his forces with the NSDAP in order to emerge victorious over Starhemberg. Von Papen indicates that he obtained this idea from Captain Leopold, leader of the illegal National Socialists in Austria.

I quote from his letter, starting at the second paragraph of the second page. This is Von Papen writing to “Mein Führer” Hitler:

“I suggest that we take an active part in this game. The fundamental idea should be to pit Schuschnigg and his Christian Social forces, who are opposed to a home-front dictatorship, against Starhemberg. The possibility of thwarting the measures arranged between Mussolini and Starhemberg should be afforded to him in such a way that he would submit the offer to the Government of a definitive German-Austrian compromise of interests. According to the convincing opinion of the leader of the NSDAP in Austria, Captain Leopold, the totalitarian principle of the NSDAP in Austria must be replaced in the beginning by a combination of that part of the Christian Social elements which favors the Greater Germany idea and the NSDAP. If Germany recognizes the national independence of Austria and guarantees full freedom to the Austrian national opposition, then, as a result of such a compromise, the Austrian Government would be formed in the beginning by a coalition of these forces. . . . A further consequence of this step would be the possibility of the participation of Germany in the Danube Pact, which would take the sting out of its acuteness due to the settlement of relations between Germany and Austria. Such a measure would have a most beneficial influence on the European situation, and especially on our relationship with England.

“One may object that Schuschnigg will hardly be determined to follow such a pattern, that he will rather in all probability immediately communicate our offer to our opponents.

“Of course, one should first of all explore the possibility of setting Schuschnigg against Starhemberg through the use of go-betweens. The possibility exists. If Herr Schuschnigg finally says ‘no’ and makes our offer known in Rome, then the situation would not be any worse, but on the contrary, the efforts of the Reich Government to make peace with Austria would be revealed, without prejudice to other interests. Therefore, even in the case of refusal this last attempt would be an asset. I consider it completely possible, that in view of the farspread dislike in the Alpine countries of the pro-Italian course, and in view of the sharp tensions between the Federal Government”—Bundesregierung—“Herr Schuschnigg will grasp this last straw, always under the supposition that the offer could not be interpreted as a trap by the opponents, but that it bears all the marks of an actually honest compromise with Austria.

“Assuming success of this step we would again establish our active intervention in central European politics, which, as opposed to the French, Czech, and Russian political maneuvers, would be a tremendous success, both morally and practically.

“Since there are 2 weeks left to accomplish very much work in the way of explorations and conferences, an immediate decision is necessary.

“The Reich Army Minister”—Reichswehrminister—“shares the opinion presented above, and the Reich Foreign Minister”—Reichsaussenminister—“wants to discuss it with you, my Führer.”—Signed—“Papen.”

In other words, Von Papen wanted a strong assurance and a credible assurance of the preservation of Austria’s independence. As he put it, Germany had nothing to lose with what it could always call a mere effort at peace, and she might be able to convince Schuschnigg to establish an Austrian coalition government with the NSDAP. If she did this, she would vastly strengthen her position in Europe. Finally Von Papen urged haste.

Exactly 4 days later, in a Reichstag address, Hitler responded to Von Papen’s suggestion, and asserted:

“Germany neither intends nor wishes, to interfere in the internal affairs of Austria, to annex Austria or to conclude an Anschluss.”

The British will present a document covering that speech. I merely wanted to use one sentence at this point. It is a sentence quite well known to history.

It is appropriate to take notice of this assurance at this point, and to note that for a complexity of reasons Von Papen suggested, and Hitler announced, a policy completely at variance with their intentions, which had been, and continued to be, to interfere in Austria’s internal affairs and to conclude an Anschluss.

There was then a temporary continuance of a quiet pressure policy.

On May 1, 1936, Hitler blandly in a public speech branded as a lie any statement that “tomorrow or the day after” Germany would fall upon Austria. I invite the Court’s attention to the version of the speech appearing in the Völkischer Beobachter, SD—that is South Germany—2 to 3 May 1936, Page 2, and translated in our Document 2367-PS.

Without offering that document, I ask the Court to take judicial notice of that statement in that well-known speech.

If Hitler meant what he said, it was only in the most literal and misleading sense, that is, that he would not actually fall upon Austria “tomorrow or the day after tomorrow.” For the conspirators well knew that the successful execution of their purpose required for a little while longer the quiet policy they had been pursuing in Austria.

I now offer in evidence our Document L-150, “Memorandum of Conversation between Ambassador Bullitt and the Defendant Von Neurath, on 18 May 1936” as Exhibit USA-65. This document unfortunately again appears in your document books in German. Due to an error, it has not been mimeographed in English. German counsel have the German copies.

I shall read from it and at the same time, hand to the interpreter reading the German, a marked copy of a German translation. I might read one sentence from the first paragraph:

“I called on Von Neurath, Minister of Foreign Affairs, on May 18 and had a long talk on the general European situation.

“Von Neurath said that it was the policy of the German Government to do nothing active in foreign affairs until the Rhineland had been ‘digested.’

“He explained that he meant until the German fortifications had been constructed on the French and Belgian frontiers, the German Government would do everything possible to prevent, rather than encourage, an outbreak by the Nazis in Austria and would pursue a quiet line with regard to Czechoslovakia. ‘As soon as our fortifications are constructed and the countries of Central Europe realize that France cannot enter German territory, all these countries will begin to feel very differently about their foreign policies and a new constellation will develop.’ ”

I skip then two paragraphs.

“Von Neurath then stated that no understanding had been reached between Germany and Italy, and admitted that the demonstrations of friendship between Germany and Italy were mere demonstrations without basis in reality. He went on to say that at the present time he could see no way to reconcile the conflicting interests of Germany and Italy in Austria. He said that there were three chief reasons why the German Government was urging the Austrian Nazis to remain quiet at the present time:

“The first was that Mussolini had today the greater part of his army mobilized on the Austrian border, ready to strike, and that he would certainly strike if he should have a good excuse.

“The second reason for urging Austrian Nazis to remain quiet for the present was that the Nazi movement was growing stronger daily in Austria. The youth of Austria was turning more and more towards the Nazis, and the dominance of the Nazi Party in Austria was inevitable and only a question of time.”

The third reason was that until the German fortifications had been constructed on the French border, an involvement of Germany in war with Italy might lead to a French attack on Germany.

But if Germany was not yet ready for open conflict in Austria, her diplomatic position was vastly improved over 1934, a fact which influenced Austria’s willingness to make concessions to Germany and to come to terms.

I quote again from the Messersmith affidavit, Page 11 of the English text. That is Document 1760-PS.

“Developments in the fall of 1935 and the spring of 1936 gave Germany an opportunity to take more positive steps in the direction of the nazification of Austria. Italy, which had given Austria assurance of support of the most definite character against external German aggression and on one occasion, by mobilizing her forces, had undoubtedly stopped German aggressive action which had been planned against Austria, embarked on her Abyssinian adventure. This and the re-occupation of the Rhineland in 1936 completely upset the balance in Europe. It is quite obvious that after Italy had launched her Abyssinian adventure, she was no longer in any position to counter German aggressive moves against Austria.”

This weakening of Austria helped to pave the way for the pact of July 11, 1936. On July 11, 1936 the Governments of Austria and Germany concluded an accord. That will be offered in evidence also by the British Delegation.

I merely ask at this point, that the Tribunal take judicial notice of the fact that such an accord was entered into. The formal part of the agreement of July 11, 1936 will also be proved by our British colleagues. For convenient reference, it will be found in the Document which the British will offer, TC-22, and the substance of it is also contained on Pages 11 and 12 of Mr. Messersmith’s affidavit, 1760-PS.

Upon the basis of this fight alone, the agreement looked like a great triumph for Austria. It contains a confusing provision to the effect that Austria in her policy, especially with regard to Germany, would regard herself as a German state, but the other two provisions clearly state that Germany recognizes the full sovereignty of Austria and regards the inner political order of Austria, including the question of Austria and National Socialism, as an internal concern of Austria upon which Germany will exercise neither direct nor indirect influence. But there was much more substance to the day’s events than appears in the text of the accord. I refer to Mr. Messersmith’s summary as set forth on Page 12 of his affidavit, 1760-PS, as follows:

“Even more important than the terms of the agreement published in the official communiqué, was the contemporaneous informal understanding, the most important provisions of which were that Austria would:

“(1) Appoint a number of individuals enjoying the Chancellor’s confidence but friendly to Germany, to positions in the Cabinet; (2) with the devised means to give the national opposition a role in the political life of Austria within the framework of the Patriotic Front; and (3) with amnesty for all Nazis, save those convicted of the most serious offenses.”

This amnesty was duly announced by the Austrian Government and thousands of Nazis were released, and the first penetration of Deutsch-National into the Austrian Government was accomplished by the appointment of Dr. Guido Schmidt as Secretary of State for Foreign Affairs and Dr. Edmund Glaise-Horstenau as Minister without portfolio.

I now offer in evidence Document 2994-PS, which is an affidavit by Kurt von Schuschnigg, Foreign Chancellor of Austria, executed at Nuremberg, Germany, on 19 November 1945. I offer this as Exhibit USA-66. The defendants have received German translations of that evidence.

DR. LATERNSER: In the name of the accused, Seyss-Inquart, I wish to protest against the presentation of written evidence by the witness Von Schuschnigg for the following reasons: Today, when a resolution was announced, with respect to the use to be made of the written evidence of Mr. Messersmith, the Court was of the opinion that in a case of very great importance it might possibly take a different view of the matter. With respect to the Austrian conflict this is the case, since Schuschnigg is the most important witness, the witness who was affected at the time in his position as Federal Chancellor. In the case of such an important witness, the principle of direct evidence must be adhered to, in order that the Court be in a position to ascertain the actual truth in this case. The accused and his defense counsel would feel prejudiced in his rights granted by the Charter, should direct evidence be circumvented. I must, therefore, uphold my viewpoint since it can be assumed that the witness Von Schuschnigg will be able to confirm certain facts which are in favor of the accused Seyss-Inquart.

I therefore make the motion to the Court that the written evidence of the witness Von Schuschnigg be not admitted.

THE PRESIDENT: If you have finished, the Tribunal will hear Mr. Alderman.

MR. ALDERMAN: May it please the Tribunal, at this point I am simply proposing to offer this affidavit for the purpose of showing the terms of the secret understanding between the German and Austrian Governments in connection with this accord. It is not for any purpose to incriminate the Defendant Seyss-Inquart that it is being offered at this point.

DR. LATERNSER: May I add to my motion that the witness, Von Schuschnigg, on 19 November 1945, was questioned in Nuremberg, and that if an interrogation on 19 November was possible, then a short time later—that is now—it ought to be possible to call him before the Court, especially as the interrogation before this court is of special importance.

THE PRESIDENT: The Tribunal will recess now to consider this question.

[A recess was taken.]

THE PRESIDENT: The Tribunal has considered the objection to the affidavit of Von Schuschnigg and upholds the objection.

If the Prosecution desires to call Von Schuschnigg as a witness, it can apply to do so. Equally if the Defense wishes to call Von Schuschnigg as a witness, it can apply to do so. In the event Von Schuschnigg is not able to be produced, the question of affidavit-evidence by Von Schuschnigg being given will be reconsidered.

MR. ALDERMAN: May it please the Tribunal, in view of the strategy and tactics of the Nazis’ concessions as indicated in the portion of the Messersmith affidavit that I read, substantial concessions were made by Austria to obtain Germany’s diplomatic formal assurance of Austrian independence and non-intervention in Austrian internal affairs.

The release of imprisoned Nazis presented potential police problems, and as Mr. Messersmith pointed out in a 1934 dispatch to the United States State Department quoted on Pages 12 to 13 of his affidavit:

“Any prospect that the National Socialists might come to power would make it more difficult to obtain effective police and judicial action against the Nazis for fear of reprisals by the future Nazi Government against those taking action against Nazis even in the line of duty. The preservation of internal peace in Austria was less dependent upon Germany’s living up to her obligations under the accord.”

Next, Germany’s continuing program of weakening the Austrian Government. In the pact of 11 July 1936 Germany agreed not to influence directly or indirectly the internal affairs of Austria, including the matter of Austrian National Socialism.

On 16 July 1936, just 5 days later, Hitler violated that provision. I quote from Document 812-PS, which is Exhibit USA-61, the reports of Gauleiter Rainer to Commissioner Bürckel, all of which were forwarded to the Defendant Seyss-Inquart—Page 6 of the English, and I believe, also Page 6 of the German version.

“At that time the Führer wished to see the leaders of the Party in Austria in order to tell them his opinion on what Austrian National Socialists should do. Meanwhile Hinterleitner was arrested, and Dr. Rainer became his successor and leader of the Austrian Party. On 16 July 1936 Doctor Rainer and Globocnik visited the Führer at the Obersalzberg where they received a clear explanation of the situation and the wishes of the Führer. On 17 July 1936 all illegal Gauleiter met in Anif near Salzburg, where they received a complete report from Rainer on the statement of the Führer and his political instructions for carrying out the fight. At this same conference the Gauleiter received organizational instructions from Globocnik and Hiedler.”

Then skipping a paragraph I quote further from this report—in the English that paragraph which I am skipping is omitted, so I am skipping a paragraph in the German version:

“Upon the proposal of Globocnik, the Führer named Lieutenant General”—Gruppenführer—“Keppler as chief of the mixed commission which was appointed, in accordance with the State Treaty of 11 July 1936, to supervise the correct execution of the agreement. At the same time Keppler was given full authority by the Führer for the Party in Austria. After Keppler was unsuccessful in his efforts to cooperate with Leopold, he worked together with Doctor Rainer, Globocnik, Reinthaler as leader of the peasants, Kaltenbrunner”—that is the Defendant Kaltenbrunner in this case—“as leader of the SS, and Doctor Jury as deputy leader of the Austrian Party, as well as with Glaise-Horstenau and Seyss-Inquart.”

A new strategy was developed for the Austrian Nazis. Mr. Messersmith describes it briefly, and I quote from Page 13 of his affidavit, 1760-PS:

“The sequel of the agreement was the only one which could have been expected in view of all the facts and previous recorded happenings. Active Nazi operations in Austria were resumed under the leadership of a certain Captain Leopold who, as was known definitely, was in frequent touch with Hitler. The Nazi program was now to form an organization through which the Nazis could carry on their operations openly and with legal sanction in Austria. There were formed in Austria several organizations which had a legal basis, but which were simply a device by which the Nazis in Austria could organize and later seek inclusion as a unit in the Patriotic Front. The most important of these was the Union of the East Mark,”—Ostmärkische Verein—“the sponsor of which was the Minister of the Interior Glaise-Horstenau. Through the influence of Glaise-Horstenau and pro-Nazi Neustädter-Stürmer, this organization was declared legal by the courts. I made specific mention of the foregoing because it shows the degree to which the situation in Austria had disintegrated as a result of the underground and open Nazi activities directed from Germany.”

At this point I offer in evidence Document 2246-PS as Exhibit USA-67, a captured German document which is a report from Von Papen to Hitler dated September 1, 1936. This document is most interesting because it indicates Von Papen’s strategy after July 11, 1936 for destroying Austria’s independence. Von Papen had taken a substantial step forward with the agreement of July 11. It should be noted incidentally, that after that agreement he was promoted from Minister to Ambassador. Now his tactics were developed in the following terms—I quote the last three paragraphs of his letter of September 1, 1936 to the Führer and Reich Chancellor. Those three paragraphs are all joined as one paragraph in the English text:

“The progress of normalizing relations with Germany at the present time is obstructed by the continued persistence of the Ministry of Security, occupied by the old anti National Socialistic officials. Changes in personnel are therefore of utmost importance. But they are definitely not to be expected prior to the conference on the abolishing of the control of finances at Geneva. The Chancellor of the League has informed Minister Von Glaise-Horstenau of his intention to offer him the portfolio of the Ministry of the Interior. As a guiding principle”—Marschroute (a German word meaning the route of march)—“I recommend on the tactical side, continued, patient, psychological treatment, with slowly intensified pressure directed at changing the regime. The proposed conference on economic relations, taking place at the end of October, will be a very useful tool for the realization of some of our projects. In discussion with Government officials as well as with leaders of the illegal Party (Leopold and Schattenfroh) who conform completely with the agreement of 11 July I am trying to direct the next developments in such a manner to aim at corporative representation of the movement in the Fatherland Front, but nevertheless refraining from putting National Socialists in important positions for the time being. However, such positions are to be occupied only by personalities having the support and the confidence of the movement. I have a willing collaborator in this respect in Minister Glaise-Horstenau.”—Signature—“Papen.”

To recapitulate, this report by Von Papen to Hitler discloses the following plan:

(a) Obtaining a change in personnel in the Austrian Ministry of Security in due course;

(b) Obtaining corporative representation of the Nazi movement in the Fatherland Front;

(c) Not putting avowed National Socialists in important positions yet, but using nationalist personalities;

(d) Using economic pressure and patient psychological treatment with slowly intensified pressure directed at changing the regime.

My next subject is Germany’s diplomatic preparations for the conquest of Austria.

The program of the Nazi conspiracy with respect to Austria consisted of weakening that country externally and internally by removing its support from without, as well as by penetrating within. This program was of the utmost significance, especially since, as the Court will remember, the events of 25 July 1934 inside Austria were overshadowed in the news of the day by the fact that Mussolini had brought his troops to the Brenner Pass and posed there as a strong protector of his northern neighbor, Austria.

Accordingly, interference in the affairs of Austria and steady increase in the pressure needed to acquire control over that country, required removal of the possibility that Italy or any other country would come to its aid. But the foreign policy program of the conspiracy for the weakening and isolation of Austria was integrated with their foreign policy program in Europe generally.

I should like, therefore, at this juncture, to digress for a moment from the presentation of evidence bearing on Austria alone and to consider with the Tribunal the general foreign policy program of the Nazis. It is not my intention to examine this subject in any detail. Historians and scholars exhausting the archives will have many years of probing all the details and ramifications of European diplomacy during this fateful decade.

It is instead my purpose to mention very briefly the highlights of the Nazis’ diplomatic preparation for war.

In this connection I should like to offer to the Tribunal Document Number 2385-PS, a second affidavit of George S. Messersmith executed on 30 August 1945 at Mexico City. This has been made available to the defendants in German, as well as in English.

This is a different affidavit from Document Number 1760-PS which was executed August 28. This second affidavit, which I offer as Exhibit USA-68, consists of a presentation of the diplomatic portion of the program of the Nazi Party. To a considerable extent it merely states facts of common knowledge, facts that many people who are generally well informed already know. It also gives us facts which are common knowledge in the circle of diplomats or of students of foreign affairs. It consists of some 11 mimeographed pages, single-spaced. I read first from the third paragraph in the affidavit:

“As early as 1933, while I served in Germany, the German and Nazi contacts which I had in the highest and secondary categories openly acknowledged Germany’s ambitions to dominate southeastern Europe from Czechoslovakia down to Turkey. As they freely stated, the objective was territorial expansion in the case of Austria and Czechoslovakia. The professed objectives in the earlier stages of the Nazi regime, in the remainder of southeastern Europe, were political and economic control and they did not, at that time, speak so definitely of actual absorption and destruction of sovereignty. Their ambitions, however, were not limited to southeastern Europe. From the very beginnings of 1933, and even before the Nazis came into power, important Nazis speaking of the Ukraine freely said that ‘it must be our granary’ and that ‘even with southeastern Europe under our control, Germany needs and must have the greater part of the Ukraine in order to be able to feed the people of greater Germany.’ After I left Germany in the middle of 1934 for my post in Austria, I continued to receive information as to the German designs in southeastern Europe. In a conversation with Von Papen shortly after his appointment as German Minister to Austria in 1934, Von Papen frankly stated to me that ‘southeastern Europe to Turkey is Germany’s hinterland and I have been designated to carry through the task of bringing it within the fold. Austria is first on the program.’

“As I learned through my diplomatic colleagues, Von Papen in Vienna and his colleague Von Mackensen in Budapest were openly propagating the idea of the dismemberment and final absorption of Czechoslovakia as early as 1935.”

Then, skipping a short paragraph, I resume:

“Immediately after the Nazis came into power, they started a vast rearmament program. This was one of the primary immediate objectives of the Nazi regime. As a matter of fact the two immediate objectives of the Nazi regime when it came into power, had to be and were, according to their own statements frequently made to me: First, to bring about the complete and absolute establishment of their power over Germany and the German people, so that they would become in every respect willing and capable instruments of the regime to carry through its ends; Second, the establishment of a tremendous armed power within Germany in order that the political and economic program in southeastern Europe and in Europe could be carried through by force if necessary, but probably by a threat of force. It was characteristic that in carrying through this second aim, they emphasized from the very outset the building of an overpowering air force. Göring and Milch often said to me or in my presence that the Nazis had decided to concentrate on air power as the weapon of terror most likely to give Germany a dominant position and the weapon which could be developed the most rapidly and in the shortest time.”

Skipping to the end of that paragraph, and resuming at the next:

“At the same time that this rearmament was in progress, the Nazi regime took all possible measures to prepare the German people for war in the psychological sense. Throughout Germany, for example, one saw everywhere German youth of all ages engaged in military exercises, drilling, field maneuvers, practicing the throwing of hand grenades, et cetera. In this connection I wrote in an official communication in November 1933, from Berlin as follows:

“ ‘ . . . Everything that is being done in the country today has for its object to make the people believe that Germany is being threatened vitally in every aspect of its life by outside influences and by other countries. Everything is being done to use this feeling to stimulate military training and exercises, and innumerable measures are being taken to develop the German people into a hardy, sturdy race which will be able to meet all comers. The military spirit is constantly growing. It cannot be otherwise. The leaders of Germany today have no desire for peace unless it is a peace which the world makes at the expense of complete compliance with German desires and ambitions. Hitler and his associates really and sincerely want peace for the moment, but only to have a chance to get ready to use force if it is found finally essential. They are preparing their way so carefully that there is not in my mind any question but that the German people will be with them when they want to use force and when they feel that they have the necessary means to carry through their objects. . . .’ ”

One further sentence following that I quote:

“Military preparation and psychological preparation were coupled with diplomatic preparation designed so to disunite and isolate their intended victims as to render them defenseless against German aggression.”

In 1933 the difficulties facing Germany in the political and diplomatic field loomed large. France was the dominant military power on the continent. She had a system of mutual assistance in the West and in the East.

“The Locarno Pact of 1928, supplemented by the Franco-Belgian Alliance, guaranteed the territorial status quo in the West. Yugoslavia, Czechoslovakia, and Romania were allied in the Little Entente and each, in turn, was united with France by mutual assistance pacts. Since 1922 France and Poland had likewise been allied against external aggression. Italy had made plain her special interest in Austrian independence.”

Nazi Germany launched a vigorous diplomatic campaign to break up the existing alliances and understandings, to create divisions among the members of the Little Entente and the other eastern European powers.

Specifically, Nazi Germany countered these alliances with promises of economic gain for cooperating with Germany. To some of these countries she offered extravagant promises of territorial and economic rewards. She offered Carinthia in Austria to Yugoslavia. She offered part of Czechoslovakia to Hungary and part to Poland. She offered Yugoslav territory to Hungary at the same time that she was offering land in Hungary to Yugoslavia.

As Mr. Messersmith states in his affidavit—that is 2385-PS, on Page 5:

“Austria and Czechoslovakia were the first on the German program of aggression. As early as 1934, Germany began to woo neighbors of these countries with the promises of a share in the loot. To Yugoslavia in particular they offered Carinthia. Concerning the Yugoslav reaction, I reported at the time:

“ ‘The major factor in the internal situation in the last week has been the increase in tension with respect to the Austrian Nazi refugees in Yugoslavia. . . . There is very little doubt but that Göring, when he made his trip to various capitals in southeastern Europe about 6 months ago, told the Yugoslavs that they would get a part of Carinthia when a National Socialist Government came into power in Austria. . . . The Nazi seed sown in Yugoslavia had been sufficient to cause trouble and there are undoubtedly a good many people there who look with a great deal of benevolence on those Nazi refugees who went to Yugoslavia in the days following July 25.’

“Germany made like promises of territorial gains to Hungary and to Poland in order to gain their cooperation or at least their acquiescence in the proposed dismemberment of Czechoslovakia. As I learned from my diplomatic colleagues in Vienna, Von Papen and Von Mackensen in Vienna and in Budapest in 1935 were spreading the idea of division of Czechoslovakia, in which division Germany was to get Bohemia, Hungary to get Slovakia, and Poland the rest. This did not deceive any of these countries for they knew that the intention of Nazi Germany was to take all.

“The Nazi German Government did not hesitate to make inconsistent promises when it suited its immediate objective. I recall the Yugoslav Minister in Vienna saying to me in 1934 or 1935 that Germany had made promises to Hungary of Yugoslav territory while at the same time promising to Yugoslavs portions of Hungarian territory. The Hungarian Minister in Vienna later gave me the same information.

“I should emphasize here in this statement that the men who made these promises were not only the ‘dyed in the wool’ Nazis but more conservative Germans who already had begun willingly to lend themselves to the Nazi program. In an official dispatch to the Department of State from Vienna dated October 10, 1935, I wrote as follows:

“ ‘Europe will not get away from the myth that Neurath, Papen, and Mackensen are not dangerous people and that they are “diplomats of the old school.” They are in fact servile instruments of the regime and just because the outside world looks upon them as harmless, they are able to work more effectively. They are able to sow discord just because they propagate the myth that they are not in sympathy with the regime.’ ”

I find that last paragraph very important and worthy of emphasis. In other words, Nazi Germany was able to promote these divisions and increase its own aggressive strength by using as its agents in making these promises men who on outward appearances were merely conservative diplomats. It is true that the Nazis openly scoffed at any notion of international obligations, as I shall show in a moment. It is true that the real trump in Germany’s hand was its rearmament and more than that, its willingness to go to war. And yet the attitude of the various countries was not influenced by those considerations alone.

With all those countries, and I suppose with all persons, we are not always completely rational, we tend to believe what we want to believe, and if an apparently substantial and conservative person like the Defendant Von Neurath, for example, is saying these things, one might be apt to believe them, or at least to act upon that hypothesis. And it would be the more impressive if one were also under the impression that the person involved was not a Nazi and would not stoop to go along with the designs of the Nazis.

Germany’s approach toward Great Britain and France was in terms of limited expansion as the price of peace. They signed a naval limitations treaty with England and discussed a Locarno air pact. In the case of both France and England, they limited their statement of intentions and harped on fears of communism and war.

In making these various promises, Germany was untroubled by notions of the sanctity of international obligations. High ranking Nazis, including Göring, Frick, and Frank, openly stated to Mr. Messersmith that Germany would observe her international undertakings only so long as it suited Germany’s interest to do so.

I quote from the affidavit, Document 2385-PS, Page 4, beginning on the 10th line:

“High ranking Nazis with whom I had to maintain official contact, particularly men such as Göring, Goebbels, Ley, Frick, Frank, Darré, and others, repeatedly scoffed at my position as to the binding character of treaties and openly stated to me that Germany would observe her international undertakings only so long as it suited Germany’s interest to do so. Although these statements were openly made to me as they were, I am sure, made to others, these Nazi leaders were not really disclosing any secret, for on many occasions they expressed the same idea publicly.”

France and Italy worked actively in southeastern Europe to counter Germany’s moves.

THE PRESIDENT: Would that be a convenient time to adjourn?

MR. ALDERMAN: Yes, sir.

THE PRESIDENT: We will adjourn until 10 o’clock tomorrow morning.

[The Tribunal adjourned until 29 November 1945 at 1000 hours.]