The Nizkor Project: Remembering the Holocaust (Shoah)

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It was determined to relegate the Jews to an inferior status
by denying them common privileges and freedoms. Thus, they
were denied access to certain city areas, sidewalks,
transportation, places of amusement, restaurants: 1938
Reichsgesetzblatt, Part 1, Page 1676.

Progressively more and still more stringent measures were
applied, even to the denial of private pursuits. They were
excluded from the practice of dentistry: 1939
Reichsgesetzblatt, Part 1, Page 47, signed by defendant
Hess.

The practice of law was denied: 1938 Reichsgesetzblatt, Part
1, Page 1403, signed by defendants Frick and Hess.

The practice of medicine was denied: 1938 Reichsgesetzblatt,
Part 1, Page 969, signed by defendants Frick and Hess.

They were denied employment by Press and Radio: 1933
Reichsgesetzblatt, Part 1, Page
661.

From stock exchanges and stock brokerage: 1934
Reichsgesetzblatt, Part 1, Page 169 ; and even from farming:
1933 Reichsgesetzblatt, Part 1, Page 685

In 1938 they were excluded from business in general and from
the economic life of Germany: 1938 Reichsgesetzblatt, Part
1, Page 1580, signed by the defendant
Goering.

The Jews were forced to pay discriminatory taxes and huge
atonement fines. Their homes, bank accounts, real estate and
intangibles were expropriated.

To digress for a moment from a recital of decrees and to
refer specifically to the atonement fines, I wish to offer
Document 1816-PS, Exhibit USA 261. This exhibit is a
stenographic report of a conference under the chairmanship
of the defendant Goering, attended by the defendant Funk,
among others, held at 11 o'clock on 12th November, 1938, at
the Reich Ministry for Air.

From Pages 8 and 9 of Section 7, I quote the defendant
Goering:

   "One more question, gentlemen, what would you think the
   situation would be if I announced today that Jewry-"

THE TRIBUNAL (Mr. Biddle): What page are you on?

MAJOR WALSH: From the English, sir, the middle of Page 22.

   "One more question, gentlemen, what you would think the
   situation would be if I announced today that Jewry would
   have to contribute this one billion as a punishment."

And then the last paragraph on Page 22 of the Translation
before the Court - I quote:-
   
   "I shall choose the wording this way, that German Jewry
   shall, as punishment for their abominable crimes, etc.,
   etc., have to make a contribution of one billion. That
   will work, the pigs will not commit another murder. I
   would like to say again that I would not like to be a
   Jew in Germany."

                                                  [page 383]

It was whimsical remarks such as these that originated
decrees, for following this meeting, a decree was issued
placing upon the German Jews the burden of a billion
Reichsmark fine.

1938 Reichsgesetzblatt, Part I, Page 1579, dated 12th
November, 1938, signed by the defendant Goering.

Similar decrees are contained in 1939 Reichsgesetzblatt,
Part 1, Page 282, signed by defendant Goering, and 1941
Reichsgesetzblatt, Part 1, Page 72Z, signed by defendants
Frick and Bormann.

Finally, in the year 1943, the Jews were placed beyond the
protection of any judicial process by a decree signed by the
defendants Bormann and Frick and others, and the police
became the sole arbiters of punishment and death: 1943
Reichsgesetzblatt, Part 1, Page 372, signed by Frick and
Bormann.

I ask the Court to take judicial notice of the
Reichsgesetzblatt decrees cited.

Side by side with the passage of these decrees and their
execution went still another weapon, wielded by the Party
and Party-controlled State. These were the openly sponsored
and official anti-Jewish boycotts against Jews. I now offer
Document 2409-PS, the published diary of Joseph Goebbels,
Exhibit USA 262, and I invite the Court's attention to Page
290, where, under date Of 29th March, 1933, he wrote - the
Court will find the quotation on the top of Page 1 of the
translation Of 2409-PS.
   
   "The boycott appeal is approved by the entire cabinet."

And again, on 31st March, 1933, he wrote on Page 1, first
sentence of Paragraph 2:-

   "We are having a last discussion among a very small
   circle, to decide that the boycott is to start tomorrow
   with all severity."

The defendant Streicher and the defendant Frank, together
with Himmler, Ley and others, were members of a central
committee who conducted the 1933 boycott against the Jews.
Their names are listed in Document 2156-PS, National
Socialist Party correspondence, 29th March, 1933, Exhibit
USA 263.

As early as 1933, violence against the Jews was undertaken.
Raids were conducted by uniformed Nazis on services within
synagogues. Attending members of the synagogues were
assaulted and religious insignia and emblems were
desecrated. A report of such an occurrence was contained in
the official dispatch from the American Consul General in
Leipzig, dated 5th April, 1933.

I offer in evidence Document 2709-PS.

THE PRESIDENT: What do you refer to 2156 for?

MAJ0R WALSH: Only, sir, to show the names of the defendants
Streicher and Frank as members of the boycott committee.

THE PRESIDENT: I see.

MAJOR WALSH: Document 2709 will be Exhibit USA 265. From
Paragraph 1 of Page 1, I quote:-

   "In Dresden, several weeks ago, uniformed Nazis raided
   the Jewish prayer house, interrupted the evening
   religious service, arrested 25 worshippers, and tore the
   holy insignia or emblems from their head-covering worn
   while praying."

                                                  [Page 384]

At a meeting here in Nuremberg, before the representatives
of the German Press, the defendant Streicher and Mayor
Liebel of Nuremberg revealed in advance to the gathered
members of the Press that the Nuremberg synagogue was to be
destroyed.

I offer in evidence Document 1724-PS, Exhibit USA 266, which
is the minutes of this meeting, dated 4th August, 1938. From
Page 1, Paragraph 4 of the original, I quote the translation
before the Court:

   "The breaking-up of the synagogue (information must
   still be secret).
   
   On 10th August, 1938, at 10 a.m., the break-up of the
   synagogue will commence. Gauleiter Julius Streicher will
   personally set into motion the crane with which the
   Jewish symbols, Star of David, etc., will be torn down.
   This should be arranged in a big way. Closer details are
   still unknown."

The defendant Streicher himself supervised the demolition.

In support of this, I offer Document 2711-PS, a newspaper
account of 11th August, 1938, Exhibit USA 267, Paragraph 1
of the translation before the Court:

   "In Nuremberg the synagogue is being demolished; Julius
   Streicher himself inaugurates the work by a speech
   lasting more than an hour and a-half. By his order then
   - as a prelude, so to speak, of the demolition - the
   tremendous Star of David comes off the cupola."

These accounts of violence were not localised anti-Semitic
demonstrations but were directed and ordered from a
centralised headquarters in Berlin. This is established by a
series of teletype messages sent by the Berlin Secret State
Police Headquarters to chiefs of police throughout Germany
on 10th November, 1938, which contained instructions
pertaining to the prearranged demonstration.

I now refer to Document 3051-PS, previously offered in
evidence as Exhibit USA 240. I shall quote the relevant part
of one of these confidential orders signed by Heydrich, the
translation before the Court, the last half on Page 2.

"Because of the attempt on the life of the Secretary of the
Legation, von Rath, in Paris tonight, 9th-10th November,
1938, demonstrations against Jews are to be expected
throughout the Reich. The following instructions are given
on how to treat these events:

   1. The Chiefs of the State Police, or their deputies,
   must get in telephonic contact with the political
   leaders who have jurisdiction over their districts and
   must arrange a joint meeting with the appropriate
   inspector or commander of the Order Police to discuss
   the organisation of the demonstrations. At these
   discussions the political leaders must be informed that
   the German Police have received from the Reichsfuehrer
   S.S. and Chief of the German Police the following
   instructions, in accordance with which the political
   leaders should adjust their own measures.
   
        (a) Only such measures should be taken as do not
        involve danger to German life or property. (For
        instance, synagogues are to be burned down only
        when there is no danger of fire to the
        surroundings.)
        
        (b) Business and private apartments of Jews may be
        destroyed but not looted. The police are instructed
        to supervise the execution of this order and to
        arrest looters."

                                                  [Page 385]

Up to this point we have found a gradual and a mounting
emphasis in the campaign against the Jews, one of the basic
tenets of the Nazi Party and of the State. The flame of
prejudice has now been lighted and fanned. The German people
have been to a large degree indoctrinated, and the seeds of
hatred have been sown. The German State is now armed and is
prepared for conquest and the force of world opinion can now
safely be ignored. Already they have forced out of Germany
200,000 of its original 500,000 Jews. The Nazi-controlled
German State is therefore emboldened and Hitler, in
anticipation of the aggressive wars already planned, casts
about for a "whipping boy" upon whose shoulders can be
placed the blame for the world catastrophe yet to come. The
speech before the Reichstag on 30th January, 1939, is set
forth in Document 2663-PS, which I now offer in evidence as
Exhibit USA 268. I quote -

THE PRESIDENT: What is the number please?

MAJOR WALSH: 2663-PS-a very short extract, Sir. "If the
international Jewish financiers within and without Europe
succeed in plunging the nations once more into a world war,
the result will not be the Bolshevisation of the world and
the victory of Jewry, but the obliteration of the Jewish
race in Europe."

THE PRESIDENT: We will adjourn for 10 minutes.

(A recess was taken.)

THE PRESIDENT: Major Walsh, it would, I think, assist the
Tribunal if you were careful to state the PS number, which
we have, rather more clearly and slowly. You see, we have
not got the United States exhibit number and I do not know
whether it would be better to state the United States
exhibit number first and then give us the PS number; I am
not sure it would. Anyhow, if you would go a little more
slowly and make certain we get the PS number, it would be
helpful.

MAJOR WALSH, Yes, your Honour.

The Chief Editor of the official organ of the S.S., the
Schwarze Korps, expressed similar sentiments on 8th August,
1940.

I offer in evidence Document 2668-PS; this is Exhibit USA
269, Page 2 of the
original and the full excerpt before the Court in
translation, as follows:

   "Just as the Jewish question will be solved for Germany
   only when the last Jew has been deported, so the rest of
   Europe should also realise that the German peace which
   awaits it, must be a peace without Jews."

These were not the only officials of the Party and of the
State to voice the same views. The defendant Rosenberg wrote
for the publication World Struggle. I offer in evidence
Document 2665-PS, Exhibit USA 270. This publication, Nos. 1
and 2, April and September, 1941, Page 71 of the original,
reads: "The Jewish question will be solved only when the
last Jew has left the European continent."

The Court will recall Justice Jackson's reference to the
apologetic note contained in the diary of Hans Frank when he
wrote, and I quote from Document 2233-C-PS, Exhibit USA 271,
bottom of Page 1 of the translation:

   "Of course, I could not eliminate all lice and Jews in
   only one year's time. But in the course of time and,
   above all, if you will help me, this end will be
   attained."

                                                  [Page 386]

THE PRESIDENT: I forgot to say, Major Walsh, it would help
us too, when you do not begin at the beginning of a
paragraph, if you would indicate where abouts it is.

MAJOR WALSH: Yes, sir, I will do that.

While this presentation is not necessarily intended to be a
chronological narrative of events in the treatment of the
Jewish people, it would appear at this point that we should
pause to examine the record to date. We find that the Nazi
Party and the Nazi-dominated State have, by writings and by
utterances, by decrees and by official acts, clearly
expressed their intent the Jew must be eliminated.

How do they now progress to the accomplishment of this
purpose? The first requirement was a complete registration
of all Jews and, inasmuch as the policy relating to the Jews
followed on the heels of German aggression, such
registration was required not only within the Reich but
successively within the conquered territories. For example,
within Germany registration was required by decree
(Reichsgesetzblatt Part 1, 1938, Page 922, 23rd July, signed
by the defendant Frick); within Austria (Reichsgesetzblatt,
Volume I, 1940, Page 694, 29th April); within Poland (Kurjer
Krakowski, 5th October, 1939); in France (Journal Officiel
No. 9, Page 92, 30th September, 1940); in Holland
(Verordnungsblatt, No. 16, 20th January, 1941, signed by the
defendant Seyss-Inquart).



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