I shall now continue with the examination of the witness.

I want to ask you, Witness, do you still remember the time and the

conditions after 1927?

SEYSS-INQUART: On account of the economic situation which you have just

described, the League powers again and again forced Austria to make

so-called voluntary declarations renouncing the Anschluss. This had

repercussions in Austrian domestic politics. The Austrians, who in 1918

had been resolved to have a democratic parliamentary form of government,

turned to radical ideas of an authoritarian character.

DR. STEINBAUER: At that time a new party was formed. Which one was that?

SEYSS-INQUART: Then there occurred the so-called Palace of Justice fire,

an uprising of the Marxists, which brought in its wake the creation of

the anti-Marxists Home Guard, a militant organization. Thus uniforms

were introduced into the political life of Austria. The controversy

between the Marxists and the anti-Marxists became ever more marked. The

only nonpartisan organization at that time was the German-Austrian

Volksbund, and the Anschluss idea was the only political objective which

still held all parties together. Around the year 1930—at least then it

was first noticeable—the National Socialist German Workers Party made

its appearance.

DR. STEINBAUER: What impression did that Party make on you, particularly

with reference to the seizure of power in the Reich?

SEYSS-INQUART: I want to say quite openly that amidst Austrian

conditions the Party appeared somewhat strange. Uniforms had, of course,

already been introduced into politics by the Republican Guard of the

Marxists and the Home Guard, but in the NSDAP even the actual political

leaders wore uniforms and marched in close formation. And also the kind

of political intransigence which they displayed was not in keeping with

our customary political thinking.

DR. STEINBAUER: But what then were the reasons for that?

SEYSS-INQUART: Well, let me say that the NSDAP did not recognize any

value in any other party and was never prepared to co-operate with any

other.

DR. STEINBAUER: Then, what positive successes did you think the Party

had gained in the Reich?

SEYSS-INQUART: I think that the influence of the Party in

Austria—undoubtedly very great as time went on—was due to its

unqualified determination to attain the Anschluss. I am of the opinion

that the radicalism is to be attributed, for instance, to the negation

of the customs union by the Hague decision, to please the democratic

party leaders.

DR. STEINBAUER: In addition, were there not economic reasons which

brought success to the NSDAP?

SEYSS-INQUART: What was discussed in the Reich, and what we heard from

the Reich...

THE PRESIDENT: Defendant, I suppose you are hearing the words spoken by

Dr. Steinbauer direct, and you are answering them without any pause,

which gives the interpreter no chance.

SEYSS-INQUART: We in Austria observed after 1933 the removal of the

discriminations imposed by the Versailles Treaty and above all, the

elimination of unemployment in the Reich. In Austria, too, about 10

percent of the population were unemployed at that time. Especially the

Austrian workers, therefore, were hoping that the Anschluss would put an

end to their unemployment; and Austrian farmers were greatly interested

in the Reich Food Estate and in the German market control.

DR. STEINBAUER: If I understand you correctly, then, it was the

Anschluss idea which brought you, too, in contact with the Party? I do

not want to speak of the Party program, which has been discussed here

again and again; but I just want to ask you briefly: When did you join

the Party?

SEYSS-INQUART: Officially, I became a member of the Party on 13 May

1938, and my membership number is above 7 million.

DR. STEINBAUER: Did you have any contact with Dr. Dollfuss?

SEYSS-INQUART: I met Dr. Dollfuss in the period after the war. I knew

that he wanted to take me into his Ministry in 1933; and a week before

25 July 1934, at his invitation, I had a discussion with him.

DR. STEINBAUER: Did you participate in any way in the murder of Federal

Chancellor Dr. Dollfuss on 25 July 1934?

SEYSS-INQUART: No, in no way. Dr. Dollfuss planned to have another

discussion with me. He was interested in my view regarding the calming

of the very radical situation of that time. I told Dr. Dollfuss already

at that time that there were no more nationalists in Austria but only

National Socialists, and that the National Socialists were acting only

on Hitler’s orders.

DR. STEINBAUER: But, I must remind you, Doctor, that the Prosecution

have submitted a photograph which shows the murder of Dollfuss being

extolled.

SEYSS-INQUART: That is the so-called Annual Commemoration in the year

1938. During that celebration nobody thought of Dollfuss; it was a

Commemoration by the Party in honor of the seven SS men who had been

hanged in connection with the Putsch attempt at that time. None of us

referred to that death as murder.

DR. STEINBAUER: Well, Dr. Schuschnigg succeeded Dollfuss as Federal

Chancellor, and I want to ask you: What conclusions were drawn by the

NSDAP from this event, as far as you could gather?

SEYSS-INQUART: The NSDAP itself was completely broken up and

disorganized, and a small circle of men was formed at that time; I also

found my way to those men, and we drew the following conclusions from

the events of 25 July:

First, that they represented a considerable danger. I recall the meeting

of statesmen in Stresa and their resolutions against Germany. And even

though we were never worried about Italy, one had nevertheless to

realize that in this very troubled atmosphere anything could easily lead

to war. We all agreed that the main task of German policy must be to

avoid war.

DR. STEINBAUER: We are now in the year...

SEYSS-INQUART: I should like to add that, with regard to domestic

policy, the events on 25 July were the worst that could possibly have

happened to the prospect of the Anschluss. We reflected on what might be

done and came to the conclusion that the Party in the Reich should cease

its interference in the Austrian National Socialist Party, the existence

of which anticipated the Anschluss; but in return, the National

Socialists in Austria should once more receive permission to be active,

and especially, there should be elections to ascertain the proportional

strength of the parties.

DR. STEINBAUER: What I am interested in is the question whether you had

any connections with authorities in the Reich at that time, that is, in

1936?

SEYSS-INQUART: I had no connections with authorities in the Reich.

DR. STEINBAUER: Thank you. Did you...

SEYSS-INQUART: Only, as Reich Marshal Göring has already testified, when

I became a State Councillor, did I, for the first time, meet a leading

German politician.

DR. STEINBAUER: When was that?

SEYSS-INQUART: That was in June or July 1937.

DR. STEINBAUER: What was your attitude toward the NSDAP in Austria at

that time, when you were State Councillor?

SEYSS-INQUART: When the agreement of 11 July 1936 was reached—without

my having taken any part in it—Dr. Schuschnigg, through Minister Klees

asked me for my political co-operation. At that time I had particularly

close connections with Zernatto, the General Secretary of the Fatherland

Front. At the suggestion of Zernatto and his friends I became an

Austrian State Councillor and Dr. Schuschnigg gave me the task, in

writing, of examining the conditions under which the national opposition

could be enlisted to collaborate politically. In order to fulfill that

task I did, of course, have to contact the National Socialists, because

the national opposition consisted only of National Socialists.

DR. STEINBAUER: Who was the head of the NSDAP in Austria?

SEYSS-INQUART: The Party in Austria had reorganized illegally; Captain

Leopold was the head.

DR. STEINBAUER: Were you on friendly terms with him?

SEYSS-INQUART: I could not come to an agreement with Captain Leopold; he

did not understand my policy, but thought that on the basis of the

agreement of 11 July Dr. Schuschnigg had to allow the NSDAP again in its

earlier form. I think I talked to Leopold only twice, or at most three

times, throughout that time. He demanded that I be subordinate to him;

that I refused.

DR. STEINBAUER: May I in this connection draw attention to the following

documents without reading from them?

Exhibit Number Seyss-Inquart-44, on Page 103 of the document book, an

excerpt from the Document Number 3471-PS, Exhibit Number USA-583,

already submitted to the Court.

Exhibit Seyss-Inquart-45, on Page 105, Document Number 3473-PS, Exhibit

Number USA-581.

And Document Number Seyss-Inquart-97, on Page 109, in which Zernatto

expressly states that Seyss-Inquart did not fall in with Leopold’s aims

and efforts.

My client has been accused by the Prosecution of having played a double

game. As counterevidence, I applied for permission to hear the former

Gauleiter Siegfried Uiberreither. He was interrogated here, and I want

to quote from the interrogatory, which is Document Number

Seyss-Inquart-59, from the counterquestions put by the Prosecution on

Page 140:

“Question: ‘Was not the Defendant Seyss-Inquart, before the time

when the Nazi Party was legalized, that is, before it was

declared legal in February 1938, was he not in constant contact

with the illegal Nazi Party of Austria?’

“Answer: ‘No. I personally did not know Seyss-Inquart until his

visit to Graz. In Nazi circles he was considered a non-Party

member. I think—I do not know with certainty—that he joined

the NSDAP only when it was legalized. For this reason, he

personally encountered a strong opposition in illegal Nazi

circles.’”

On Page 6 of the same document it says:

“Question: ‘Did not the Defendant Seyss-Inquart play a double

game: On one side his legal position in Schuschnigg’s Cabinet

and on the other side his co-operation with the formerly illegal

Nazi Party, whose activity was then legalized to a certain

extent through the efforts of the defendant at Berchtesgaden in

February 1938?’

“Answer: ‘I do not know to what extent he was in touch with the

illegal Nazi circles before 12 February. I do not know about it,

because I was not in Vienna. But from 18 February his contact

with the Nazi Party was not duplicity but his duty. Schuschnigg

himself had discussions with Leopold, the leader of the Nazis at

that time—before Klausner it was Leopold.’”

[_Turning to the defendant._] This brings us to 1938. At the beginning

of that year you were State Councillor in the Austrian Government. What

did you think of the political situation at that time?

SEYSS-INQUART: In many conversations with Dr. Schuschnigg but most of

all in continual discussions with Zernatto, I suggested, in line with

the conclusions I had drawn from the events of 25 July 1934, that the

Reich, and particularly Hitler, be asked to refrain from any

interference in Austrian politics through the medium of the Austrian

National Socialist Party. I proposed that instead the Austrian National

Socialists should receive permission to resume activities. That did not

mean at all that I would give up the Anschluss, but I was completely

convinced that a lawful and responsible policy of the Austrian National

Socialists in Austria would in the course of time win for them the

support of a clear majority of the Austrian nation—I mean of the

Germans in Austria; and that the demonstration of such a clear majority

would no longer be challenged by the powers of the League of Nations.

One had to attempt to make Adolf Hitler agree to such a policy by

enlisting the support of the autonomous and independent state of Austria

for the Führer’s policy and the demand for equal rights of the German

people. It was in the interests of these ideas that I talked to Field

Marshal Göring and Herr Hess. I reported the outcome of these

conversations to Dr. Schuschnigg and to Zernatto and I recommended the

formation of a coalition government by taking National Socialist

ministers into the cabinet, on condition that Adolf Hitler offer

adequate guarantees. My suggestions made no headway with either of the

two parties, but were not directly turned down. Meanwhile, the Austrian

National Socialists continued to be active illegally; the police

intervened and made arrests; three Austrian concentration camps were set

up; in short, the events of that time foreshadowed today’s

denazification system.

DR. STEINBAUER: Were you at the Obersalzberg on 12 February 1938?

SEYSS-INQUART: No. But I want to describe how that meeting came about.

First of all, a renewed Party radicalism set in. At the beginning of

1938, legitimist tendencies were being promoted in Austria, the laws

regarding the return of the Hapsburg property were discussed in the

State Council. For the moment my own position, therefore, became

untenable; I retired and informed Zernatto and State Secretary Keppler

who had been officially nominated by the Reich Government to conduct the

political affairs relating to Austria. I felt that in view of my task it

was my duty to inform Keppler also. I myself accepted an invitation from

the Reich Sports Leader Tschammer-Osten and went to

Garmisch-Partenkirchen. There, without previous appointment, I met Herr

Von Papen. Each of us poured out his troubles to the other, and came to

the conclusion that both parties, that is to say, Hitler as well as the

Austrian Government—that is, Dr. Schuschnigg—should be made aware of

the fact that a clear decision on the lines of my proposal was

necessary. At that time, participation of the National Socialists in the

government was certainly discussed. Perhaps the Ministry of the Interior

was also a subject of discussion, but my name was definitely not

mentioned though it was the obvious one. I received no report on the

discussions which Herr Von Papen had with Hitler, but I informed

Zernatto of my conversation with Herr Von Papen. Zernatto at that time

met me half-way on some questions, in particular with regard to the

expansion of those sections dealing with national policy which were

concerned with the National Socialists; and for this purpose he also

placed means at my disposal. It was on 10 February, I think, when I

heard through the group of my colleagues that Hitler had invited Dr.

Schuschnigg to Berchtesgaden. Among the members of my circle were Dr.

Reiner, Dr. Jury, Dr. Kaltenbrunner, Langot, and several others.

DR. STEINBAUER: Were you informed of the outcome of the discussions at

the Obersalzberg?

SEYSS-INQUART: I was informed of the outcome of this conference only by

Zernatto. On the evening of the 11th, before Dr. Schuschnigg left for

Berchtesgaden, I had a detailed discussion with him and Zernatto. We

agreed to a large extent regarding the appointment of National

Socialists—for instance, Jury, Reinthaller, and Fischböck—to certain

public functions but not to ministerial positions. I did not broach the

subject of a ministerial post, because I did not know how Adolf Hitler

reacted to the suggestion which I made to Herr Von Papen. On 13 February

Zernatto asked me to see him, and he then told me of the results and

contents of the Berchtesgaden conference, which were known to him.

DR. STEINBAUER: In this connection, I want to refer to Document Number

Seyss-Inquart-48, Page 111, in which Zernatto states, “I had the

definite impression that he”—Seyss-Inquart—“did not until then know

anything about the result of the discussion and the contents of the

agreement”—of 12 February.

Witness, on the basis of that agreement, you became Minister of the

Interior and Police, did you not?

SEYSS-INQUART: Yes, on 17 February.

DR. STEINBAUER: On 17 February 1938, with the assignment of establishing

connections between Austria and the Reich, or rather of improving them.

Did you also have a discussion with Hitler himself?

SEYSS-INQUART: Yes. The agreement at Berchtesgaden on 12 February

contained a definite stipulation to the effect that I was to be liaison

man between the Austrian Government and the Austrian National Socialists

on one side, and the German Reich on the other. The contents of the

protocol appeared to me unsatisfactory and even dangerous. There was no

doubt at all that my appointment to the Ministry of the Interior and

Security served as a notification, if not a signal, for the Austrian

National Socialists that they might expect an early realization of their

political objectives. In addition they received permission to profess

their beliefs; they could wear the swastika and salute with the raised

hand. What was not permitted, however, was their organization; that

means, my National Socialist friends in Austria had no possibility of

getting in touch with the National Socialists in a legal way. This

agreement opened the gates without providing for a regular procedure

thereafter. Hence, I myself resolved to see Adolf Hitler in order to

make sure whether my plan had his approval. I went with Dr.

Schuschnigg’s assent and with an Austrian diplomatic passport.

DR. STEINBAUER: And when did you talk then to Hitler?

SEYSS-INQUART: I mentioned an incorrect date just now; it was on 16

February that I became Minister and I went to Berlin on the 17th. I

talked with Adolf Hitler alone for more than 2 hours.

It was pointed out here by the Prosecution that I saluted Adolf Hitler

with the raised-hand greeting. That was permissible under the agreement.

But I would ask the Prosecution to admit that during every one of my

interrogations I stated that I had emphasized to Adolf Hitler at once

that I was an Austrian Minister and as such responsible to Austria. I

made some shorthand notes on this discussion on the back of a letter,

and a few weeks later I dictated those notes to my secretary. I now want

to relate the contents of my talk with Hitler on the basis of those

notes. My statements...

DR. STEINBAUER: Witness, will you kindly be as brief as possible; can

you do it in headings, perhaps?

SEYSS-INQUART: But this is the most important point with regard to my

whole responsibility.

“A condition of Federal Chancellor Dr. Schuschnigg is that I

adhere to an autonomous and independent Austria, that I support

the Constitution, that is, further development, including the

Anschluss, must be based on this. The formation of public

opinion in Austria must proceed independently and in accordance

with present constitutional possibilities; I must be an active

guarantor for Dr. Schuschnigg of the revolutionary way, in the

meaning of these statements (Yes), no Trojan horse. The Party

and Movement must not adopt a militant attitude against

prevailing cultural conceptions. (Yes). No totalitarianism of

the Party and Movement; that is, National Socialist ideology to

be realized with due appreciation and regard for conditions in

Austria; not to be imposed on others by force. The Party as such

is not simply to disappear, but to exist as an organization of

individuals; no illegal activity, no efforts inimical to the

State, everything to be done in a legal fashion, anyone failing

to do this, to be locked up.”

In the main, Adolf Hitler agreed, and he told me:

“It is not a question of the 25 points. One cannot proclaim a

dogma; one must arrive from the pan-German and the national

German conception to a National Socialist one.”

That was the gist of my conference with Adolf Hitler on 17 February,

from 12 to 2:10 o’clock.

DR. STEINBAUER: Did you...

MR. DODD: Mr. President, I understood the witness to say that he made

his notes on the meeting with Hitler and later dictated them to his

secretary. It is not clear to me whether he was reading from those

notes. Furthermore, we have never seen such notes and I think it should

be made clear on the record.

THE PRESIDENT: Dr. Steinbauer, has the defendant got the notes?

DR. STEINBAUER: The original was taken from him when he was arrested.

THE PRESIDENT: Defendant, you heard the question I asked; have you got

the notes?

SEYSS-INQUART: The original of these notes was among my files in Vienna.

I made an application to have these files of mine, which were found,

searched for the notes. I handed a copy of the notes to the Prosecution

during one of my first interrogations; it is in the files of the

Prosecution. I have only copies here; I do not have the original.

THE PRESIDENT: The copy would be just as good for the purposes.

SEYSS-INQUART: I have placed a copy at the disposal of the Defense.

DR. STEINBAUER: But I gave it back to you.

SEYSS-INQUART: Then you can submit this one.

DR. STEINBAUER: Yes, would you hand it over?

[_The document was submitted to the Tribunal._]

THE PRESIDENT: Will you give it an exhibit number, Dr. Steinbauer?

DR. STEINBAUER: Number Seyss-Inquart-61, otherwise it would be confused

with the others.

THE PRESIDENT: Yes.

MR. DODD: Mr. President, I am confused about this; I still do not

understand, and I am sure that my colleagues do not. We have never

received any copy of any notes that this defendant has claimed he made

soon after, or at the time of, his conference with Hitler. We have no

such copy in our files. And I would like to have understood myself

whether or not he is now claiming that this copy which is offered to the

Tribunal is a copy of this original that he claims he gave to us.

THE PRESIDENT: Is that what you say, Defendant, that the document which

you have just handed to your counsel is a copy of the document which you

say you produced during your interrogations, which was from the

shorthand notes you made at that time?

SEYSS-INQUART: Mr. President, the original notes I made on the afternoon

of 17 February. A few weeks later I dictated these notes, which I made

in shorthand, to my secretary, who took them down on a typewriter. I had

several copies, one of which I presented to the Prosecution during one

of my interrogations last summer. I have now given a second copy to my

defense counsel. These are copies made from the original notes a few

weeks after the conference. The original was in my secret flies in

Vienna.

THE PRESIDENT: Very well.

MR. DODD: I wonder if we could learn just who it was to whom this

defendant gave these notes? Mr. President, I would like to have some

search made for them, and some effort made to find them.

THE PRESIDENT: Do you know who was the interrogating counsel?

SEYSS-INQUART: Mr. Dodd himself.

MR. DODD: We do not have it.

SEYSS-INQUART: I think I am right in saying that it was handed over.

DR. STEINBAUER: Mr. President, the main points of the contents coincide

with the voluntary statement, which the defendant...

MR. DODD: I think this is important enough at this point, Mr. President,

to clear up. I have the interrogation that I first conducted on this

defendant, and it clearly shows that he referred to the notes; but he

clearly said at the time that he did not have them, that he left them in

a black leather case with other documents in Mondorf, and he asked me if

I would make an effort to get them; and I said that I would, and we

never have been able to find them, and that is the transcript of the

interrogation.

SEYSS-INQUART: May I say that I received them. The black leather case

was brought to me here in Court and the notes were in it. I submitted

the copy at one of the subsequent interrogations.

[_There was a short pause._]

THE PRESIDENT: Go on, Dr. Steinbauer.

DR. STEINBAUER: May I say that Document Number Seyss-Inquart-49, Page

113, is substantially of the same content. The defendant, the present

witness, informed Schuschnigg of the substance of that talk; that is

evident from Document Number 3271-PS, Exhibit Number Seyss-Inquart-65,

on Page 158.

Witness, I want to ask you now whether Hitler approved of your

proposals?

SEYSS-INQUART: He clearly said “yes” to a number of things, but on other

points he expressed doubts as to whether the Austrian Government would

agree; the principal impression was, however, that this policy seemed

feasible.

DR. STEINBAUER: In this connection it has also been alleged that as

Minister of the Interior and Police you brought executive power under

the control of the Nazis.

SEYSS-INQUART: I should like to leave the main explanation of this

matter to my witness, Dr. Skubl. After Dollfuss’ death Dr. Skubl was a

special confidant of the Austrian Government and was placed at my side

as State Secretary and Inspector General for Security Matters—clearly

also to act as a kind of check. I had no objection at all to that and

was very pleased to have such an expert at my disposal.

I should just like to mention briefly that all orders of the entire

executive came from Skubl. I myself never gave a direct order to the

Austrian police. Skubl was given instructions by Dr. Schuschnigg,

particularly on 10 and 11 March. I myself did not bring a single

National Socialist into the Austrian police.

DR. STEINBAUER: All right, that is sufficient.

SEYSS-INQUART: Perhaps I might refer briefly to the public appeal...

DR. STEINBAUER: In this connection I want to refer to two documents,

Numbers Seyss-Inquart-51 and 52, on Pages 117 and 119 respectively. We

have now reached Document Book Number 2. The first is a speech by the

defendant as Minister, addressed to his police officials, and the second

speech is a radio talk which he gave at Linz.

We now come to the critical days in March. Were you informed of the

plebiscite plan of Schuschnigg, and by whom?

SEYSS-INQUART: The day before Dr. Schuschnigg announced in Innsbruck the

plan for the plebiscite he called me in and informed me of his plan. I

asked him at that time whether the decision was unalterable, and he

affirmed that. I expressed my concern that this might lead to

difficulties; but I promised him that I would help him wherever I could,

either to make the best of this plebiscite or to bring about a suitable

outcome—suitable, that is to say, even for the National Socialists. Of

course, I had continual contact with the Austrian National Socialists,

since I was the liaison man. I spoke at several meetings—Zernatto and

Dr. Schuschnigg were informed of that—and recounted what I had

discussed with Adolf Hitler or what I had proposed to him. I avoided all

possibilities of demonstrations, and as Minister of the Interior also

banned such demonstrations. In that connection may I refer to the

general ban on public meetings, imposed by me among others, and to the

specific prohibition of a demonstration at Graz, evident from the

interrogatory of the witness Uiberreither.

DR. STEINBAUER: Did Schuschnigg give you any promises?

SEYSS-INQUART: No. I want to say that on the same evening I was also

approached by Dr. Jury who in some way had already heard of the plan for

the plebiscite. I did not tell him that I had given my assent to Dr.

Schuschnigg, though on account of my function as liaison man as laid

down in the agreement of 12 February, I should not have allowed silence

to be imposed on me; yet, I did keep silent.

DR. STEINBAUER: I think, Mr. President, this might be a suitable moment

for the recess.

THE PRESIDENT: Very well. We will break off now.

[_A recess was taken._]

DR. STEINBAUER: We got as far as the plebiscite which Schuschnigg had

planned and which then became known. We come now to 11 March. What did

you do in the forenoon on that day?

SEYSS-INQUART: I must say first that a day or two before, after

consultation with Austrian National Socialists, I wrote a letter to Dr.

Schuschnigg in which I commented on the plebiscite in an unfavorable

way. The reasons were primarily that a real plebiscite result was not

guaranteed, because it was not a proper plebiscite within the meaning of

the national laws. For example, the plebiscite was not decided on by the

Council of Ministers but by the Fatherland Front, that is, by the party;

and it was to have been carried out by that party.

It was suggested that the plebiscite be postponed and a proper election

with all its legal requisites be held. On the evening of 10 March, in

the presence of Foreign Minister Schmidt, I had another detailed

conversation with Dr. Schuschnigg; and we agreed that the Government—as

well as the provincial governments, and so forth—should include

National Socialists, that, in effect, a coalition government should be

formed; and in that case the National Socialists would also vote “yes.”

Only with reference to the license of the Party, the activities of the

Party, were there still differences of opinion. I reported this to the

Austrian National Socialists but they were not much interested, because

news had come from Berlin that Hitler had rejected the plebiscite. I was

told that on the next day I would receive a letter from Hitler.

DR. STEINBAUER: Did you receive a letter?

SEYSS-INQUART: Yes. I received a letter from Hitler by courier. I am

almost certain that the letter also contained the draft of a telegram

for a march into Austria, but I cannot recall whether the draft of a

radio speech was also included in it.

DR. STEINBAUER: What did you do in the morning, after receiving this

letter?

SEYSS-INQUART: After receiving this letter I went with Minister Glaise

to Dr. Schuschnigg. We were at the Federal Chancellor’s office at 10

o’clock, and I informed Federal Chancellor Schuschnigg of the entire

contents of this letter without reservation. In particular, I pointed

out that in case of a refusal Adolf Hitler expected unrest among the

Austrian National Socialists and that he was ready, if disturbances

occurred, to answer an appeal for help by marching in. In other words, I

expressly called Federal Chancellor Schuschnigg’s attention to the

possibility of this development.

DR. STEINBAUER: Did you ask for an answer from him?

SEYSS-INQUART: The letter set a deadline, 12 o’clock. As our talk lasted

until about 11:30, I asked Federal Chancellor Schuschnigg to give me an

answer by 2 o’clock. I know that in the meantime, and also on the

previous day, he had taken security measures through Dr. Skubl, of which

I had approved. A number of age groups of the Austrian Federal Army were

called up, the police everywhere received instructions, and a curfew was

imposed in the evening.

DR. STEINBAUER: What happened in the afternoon of 11 March?

SEYSS-INQUART: At 2 o’clock I went to the Federal Chancellor’s office

with Minister Glaise. We had a talk with Dr. Schuschnigg; he rejected a

postponement. At that moment I was called to the telephone; Field

Marshal Göring was on the phone, and the conversation between us is

reproduced here under the Exhibit Number USA-76, Document Number

2949-PS.

And then followed demands and concessions. When I told Field Marshal

Göring that Federal Chancellor Schuschnigg rejected the postponement, he

declared, in the name of the Reich, that he had to ask for Schuschnigg’s

resignation, because he had broken the agreement of 12 February and the

Reich had no confidence in him. Dr. Schuschnigg was then ready to

adjourn, but not to resign. Thereupon Field Marshal Göring demanded not

only Schuschnigg’s resignation, but my appointment as Federal

Chancellor. During a conference with Federal Chancellor Schuschnigg at

3:30 in the afternoon, the Chancellor said that he would hand to the

Federal President the resignation of the whole Cabinet. When I was

informed of this, I left the Federal Chancellor’s office, because I

considered my function as a middleman concluded in the meaning of the

agreement of 12 February; and I did not want in any way to advocate or

promote my own appointment as Federal Chancellor.

DR. STEINBAUER: In this connection may I refer to my Exhibit Number

Seyss-Inquart-58, Page 134 (Document Number 2949-PS). This is an excerpt

from the telephone conversations of Göring; Göring is listening to

reports, and Seyss-Inquart is speaking of the relationship between

Germany and Austria. It says here: “Yes, he means that Austrian

independence will be preserved....”

Now, that was on 11 March, in the late afternoon?

SEYSS-INQUART: In these telephone conversations it was also suggested

that the Party formation, the emigrant Legion, should come to Austria.

From the same telephone conversation it is obvious that I opposed this

and wanted rather an election or a plebiscite held before the entry of

any formation into Austria.

In the course of that afternoon State Secretary Keppler came to Vienna

and requested information from me. And so I again went to the Federal

Chancellor’s office. Berlin repeatedly asked me to intervene with the

Federal President in order to effect my own appointment as Federal

Chancellor. I always refused to do that.

DR. STEINBAUER: And what did the Austrian NSDAP do at that time?

SEYSS-INQUART: The Party in Austria began demonstrations. Party members

left their houses, filled the streets, and as Party members or

sympathizers took part in a demonstration against the system and for the

National Socialists, a demonstration which assumed enormous proportions.

DR. STEINBAUER: What was the feeling in the Federal provinces?

SEYSS-INQUART: I had no contact with the Federal provinces but learned

quite late during that night or on the next day that there, even on a

larger scale than in Vienna, big demonstrations of very large crowds had

taken place against the Fatherland Front and for the National

Socialists.

DR. STEINBAUER: What attempts did Federal President Miklas make to solve

this situation?

SEYSS-INQUART: I cannot say anything about that from my own observation,

for until 8 o’clock in the evening no one at all approached me on these

matters. No one spoke to me about the Federal Chancellorship; no other

possibility of a solution was discussed with me. I heard that the

Federal President wanted to make Dr. Ender, of Vorarlberg, Chancellor

and me Vice Chancellor. I believe that suggestion would have been

completely practicable. But I could not discuss it—least of all with

Berlin—because no one had said anything to me about it.

DR. STEINBAUER: And when events reached a climax and Schuschnigg offered

his resignation, did you compile a Cabinet list?

SEYSS-INQUART: In the course of the evening it became clear that Federal

Chancellor Schuschnigg would resign and that the Reich would not

tolerate any other than a National Socialist Government. Therefore, in

order to avoid being taken by surprise, I considered it my task to study

whom I should take into a Cabinet. The suggestions mentioned in the

telephone conversations were not transmitted by me at all. I chose my

colleagues quite independently—naturally after consultations with

Austrian National Socialists—and they included also people with strong

Catholic ties, such as Professor Mengin, Dr. Wolf, and others.

I asked Foreign Minister Schmidt to enter the Cabinet. He asked me for a

reason, and I told him: I want to keep Austria autonomous and

independent, and I need a foreign minister who has connections with the

Western Powers. Schmidt refused, remarking that Federal Chancellor

Schuschnigg had introduced him into polities and that he would remain

loyal to him.

DR. STEINBAUER: I should like to submit some documents now: Document

Number Seyss-Inquart-50, Page 115, from Zernatto’s book on

Seyss-Inquart’s position; then, on Page 125, Document Number

Seyss-Inquart-54, also from Zernatto’s book, where it says:

“...he”—Seyss-Inquart—“no longer has developments in his hands.”

Then Document Number Seyss-Inquart-62, Page 149, in which Zernatto

quotes from a conversation with Dr. Seyss-Inquart:

“He says that there are two main points on which he will not

compromise. The first is Austria’s independence and the second,

the possibility for the conservative Catholic element to develop

its own life.”

[_Turning to the defendant._] Now we come to a very important question.

You then made a radio speech in which you called yourself a Minister,

although Schuschnigg had already resigned.

SEYSS-INQUART: The situation was as follows: The resignation of the

whole Cabinet was not accepted by the Federal President; and we,

including myself, remained Ministers. When Dr. Schuschnigg made his

farewell speech, he did not speak of the resignation of the whole

Cabinet. He only said, “We yield to force.” Dr. Schuschnigg and Federal

President Miklas had agreed at that time that I would not actually be

appointed Federal Chancellor, but that with the entry of German troops

executive power should be passed to me. Therefore, in my opinion, I was

_de facto_ Minister of the Interior and Foreign Minister.

DR. STEINBAUER: The Prosecution assert that you yourself exerted

pressure on Federal President Miklas to appoint you Chancellor.

SEYSS-INQUART: I did not see Federal President Miklas at all until 9 or

10 o’clock in the evening, after Schuschnigg’s speech “We yield to

force.”

DR. STEINBAUER: I should like to submit to the Court this speech of

Chancellor Dr. Schuschnigg of 11 March under Document Number

Seyss-Inquart-53, Page 122; in it he says:

“The Federal President has commissioned me to inform the

Austrian people that we are yielding to force. Since we are at

all costs determined not to spill German blood, even in this

grave hour, we have given orders to our Armed Forces to withdraw

without resistance, if the invasion of Austria is carried out,

and to await the decision within the next hours.”

The Prosecution, Witness, sees evidence of this pressure also in the

fact that SS units were called to the Federal Chancellor’s office at

that time. What can you say to that?

SEYSS-INQUART: I believe it was after Schuschnigg’s farewell speech,

when I saw in the anterooms 10 or 15 young men in black trousers and

white shirts, that was the SS. I had the impression that they were doing

messenger and orderly duty for State Secretary Keppler and the others.

As they approached the rooms in which Federal Chancellor Schuschnigg and

President Miklas were, I ordered guards of the Austrian Guard Battalion

to be placed at their doors. I may mention that these were selected men

of the Austrian Army who according to Austrian standards were very well

armed, while these SS men—40 at most—possibly carried pistols.

Moreover, 50 steps from the Federal Chancellor’s office were the

barracks of the Guard Battalion, with a few hundred picked and

well-armed men. If Federal President Miklas and Federal Chancellor

Schuschnigg had not been concerned with things other than those which

happened in the Federal Chancellor’s office and on the street outside

it, they could easily have put an end to this situation by calling out

the Guard Battalion.

DR. STEINBAUER: The Prosecution has submitted an affidavit of the

Gauleiter of Upper Austria, Eigruber, which states that even before you

became a Federal Chancellor, you ordered the seizure of power in the

various Austrian Federal provinces.

SEYSS-INQUART: That is completely incorrect, and the Gauleiter of Upper

Austria also does not claim to have talked to me. I believe he says that

he had received a telegram signed by me. I did not send a telegram, and

I did not give oral instructions to any Gauleiter or to anyone else for

the seizure of power.

Later I heard from Globocznik that he had carried out the seizure of

power. He told me of that in these words: “You know, I seized power for

you and acted as the government; but I did not tell you anything about

it, because you would have been against it.”

DR. STEINBAUER: You say you would have been against it. Was the

population against it, too, against the marching in, which had meanwhile

taken place, that is, the invasion as described by the Defendant Göring?

SEYSS-INQUART: One cannot call it an invasion; it was a stormy, loudly

cheered entry of German troops. There were no villages—even those with

an orthodox Catholic population—and no workers’ districts which did not

burst out in stormy jubilation. Moreover, both Dr. Schuschnigg and I

were completely clear about this; once in 1937 he had agreed with me

when I said that the entry of German troops into Austria could not be

impeded by anything but the ovations of the population.

DR. STEINBAUER: In this connection I should like to refer to a Document

Number Seyss-Inquart-37, Page 86. This is a quotation from the book by

Sumner Welles, _The Time for Decision_, describing a conversation

between him and the Italian Foreign Minister, Count Ciano, and it says:

“Before the occupation of Austria, Dr. Schuschnigg came to Rome.

He admitted to me frankly that, if Germany occupied Austria, the

majority of Austrians would support the occupation and, if Italy

sent troops into Austria to prevent the occupation, the

Austrians as one man would join with the Germans to fight

Italy.”

Now, Witness, we come to the next day, to 12 March. Did you not at that

time have a telephone conversation with Hitler?

SEYSS-INQUART: Yes; I called the Führer in connection with the entry of

troops. I should like to repeat and explain that on the day before, at

about 7 o’clock, the negotiations suddenly came to a stop. Everybody

waited. At half past 7 State Secretary Skubl came with the news that the

entry of German troops had actually begun, according to a report from

one of the frontier posts; indeed Field Marshal Göring had repeatedly

said that it would take place. Thinking that the entry was actually in

progress, Schuschnigg then made his farewell speech. And with that the

government of the Fatherland Front had resigned from office. And I state

expressly, up to this moment I did nothing which in any way furthered

the taking over of control in Austria or to express it more correctly,

which intentionally furthered the establishment of the National

Socialists and the seizure of power. I only acted as an intermediary

within the meaning of the Treaty of 12 February. But from the moment

when the system of the Fatherland Front came to an end, I considered it

my responsibility to take action. First I made a radio speech, but not

the one which had been prescribed for me in the morning. For I did not

speak of a provisional government, but referred to myself as Minister of

the Interior. Only then did I call on the SA and the SS to act as

auxiliary police; and like Schuschnigg, I gave the order to offer no

resistance to the entry of German troops. Subsequently I was appointed

Federal Chancellor, and my Cabinet was approved. On the same night I

drove Dr. Schuschnigg home in my car, because I was afraid something

might happen to him at the hands of provocateurs; and I asked Dr.

Keppler to call up the Führer and ask him not to give the order for the

entry of troops. Reich Marshal Göring spoke about that here. In the

morning I called up again; then I met the Führer at the airport in Linz,

and, as the entry of the troops was in full progress, I asked him

whether it would not be possible to have Austrian troops march into the

German Reich, so that, symbolically at least, equal rights would be

maintained. The Führer agreed; and Austrian troops actually marched into

Munich, Berlin, and other cities, in Austrian uniform.

DR. STEINBAUER: How, in your capacity as newly appointed Federal

Chancellor, did you envisage the further development of the situation?

SEYSS-INQUART: Since the system of the Fatherland Front had broken down,

I could no longer entertain my idea of a coalition government. It was

clear to me that a National Socialist government with a very strong

Catholic tendency would control developments not in the form of an

immediate Anschluss but rather—by carrying out appropriate elections

and a plebiscite—in the form of an economic and possibly a military

union with the German Reich.

DR. STEINBAUER: Mr. President, in this connection, I should like to

submit an extremely important document, which shows in an entirely new

way how the Anschluss Law came about. It is a sworn statement of the

former State Secretary of the Interior, Dr. Stuckart, who is imprisoned

here. I submit it to the Court and should like to establish the

following from this testimony...

THE PRESIDENT: Where is the document?

DR. STEINBAUER: It is not in the document book because I received it

later. The translation of it has not yet been completed. I will read

from the witness’ testimony only briefly to establish the connection—I

have submitted the original to the Court...

THE PRESIDENT: You are giving it a number, are you?

DR. STEINBAUER: Document Number Seyss-Inquart-92. The witness says in it

that Hitler would probably have incorporated the presidency of Austria

in his own person, that he, the witness, was told by Frick to draft a

law to that effect, but that he was then suddenly ordered to Linz...

THE PRESIDENT: Wait just a minute, Dr. Steinbauer.

DR. STEINBAUER: In the Dutch matter also, there are a few affidavits

which have not yet arrived or which have just come in. Perhaps it would

be more expedient to submit these documents when they have been

translated.

THE PRESIDENT: The Prosecution will have the affidavit, I suppose?

DR. STEINBAUER: Yes, the Prosecution already have the affidavits.

If I may continue, he says that to his surprise he was told by Hitler in

Linz to draft a law providing for the direct, total Anschluss, that is,

providing for Austria’s status as a province, a Land, of the German

Reich, like Bavaria and the other German Länder. He worked out this law,

as he had been instructed to do, flew to Vienna, and submitted it for

approval to the ministers who were assembled there.

I should like to establish in three documents the impression which the

Anschluss made on the population. First, Document Number

Seyss-Inquart-30. This is the celebration at which the Viennese welcomed

the Führer in the biggest square in Vienna, the Heldenplatz. On that

occasion, on 15 March, the witness welcomed the Führer and said:

“The goal for which centuries of German history have battled,

for which untold millions of the best Germans have bled and

died, which has been the final aim of fierce struggle, the last

consolation in the bitterest hours—has today been reached.

Austria has come home.”

Hitler now ordered that this Anschluss Law subsequently be sanctioned by

a plebiscite of the Austrian population. Documents showing the results

of this plebiscite have already been submitted to the Court. I should

just like to point out, in addition, the attitude of the Catholic

bishops toward the plebiscite—that is Document Number Seyss-Inquart-32,

Page 73—and the attitude at that time of the present Federal President,

Dr. Karl Renner—that is Document Number Seyss-Inquart-33, Page 76. On

the attitude of the other powers to the Anschluss question I shall quote

from testimony of the witness Schmidt, who as the then Foreign Minister

was the qualified man; but I should like to submit one document on it,

namely Document Number Seyss-Inquart-38, Page 89. That is the House of

Commons speech of Chamberlain, who was Prime Minister at the time. In

reply to a question regarding the Anschluss he said: “...nothing could

have stopped this action by Germany unless we and others had been ready

to use force to prevent it.”

[_Turning to the defendant._] Now Austria has been incorporated, it is a

part of the Greater German Reich, with Seyss-Inquart as Chancellor. Did

you remain Federal Chancellor or did you receive another state function

after the seizure of power?

SEYSS-INQUART: On the 13th during the night, I reported on the Anschluss

Law to the Führer; and I took the opportunity of discussing three

questions with him immediately. That was, however, not at all easy, for

the Führer was deeply moved and wept.

First, I asked that the Austrian Party might retain relative

independence and be headed by an Austrian as the provincial leader;

second, that Austria as a state might also enjoy a certain degree of

independence. To the first request the Führer said, “Possibly”; to the

second he said, “Yes”; Austria would receive her own governor, a

Reichsstatthalter. I then rose and asked the Führer that I be allowed to

return to my private practice as a lawyer. As a third request, I asked

that the unjust exchange rate of 2 schillings to 1 mark be altered to

1.50. The Führer agreed to that also.

On 15 March, on the occasion of the celebration which has already been

mentioned here, the Führer told the radio announcer, “Announce that

Reichsstatthalter Seyss-Inquart will now speak.” That to me was actually

the first news of my appointment as Reichsstatthalter. I held that post

until the end of April 1939.

DR. STEINBAUER: Who really directed policy in Austria after the

Anschluss?

SEYSS-INQUART: Bürckel was sent to Austria immediately with the task of

reorganizing the Party and preparing the plebiscite. The interference of

Bürckel and his collaborators, and various plans somewhat strange and

adverse to Austrian conceptions, caused me, on 8 April, in Bürckel’s

presence, to call the Führer’s attention to this sort of co-ordination

and in my hearing the Führer said to Bürckel: “Bürckel, you must not do

that, otherwise the enthusiasm of the Austrians for the Anschluss will

change to dissatisfaction with the Reich.”

Nevertheless, a few weeks later he made Bürckel Reich Commissioner for

the Reunion. He controlled the Party and politics and propaganda,

including church policy, and he had the right to give me instructions in

state matters.

DR. STEINBAUER: You know that the Prosecution make charges against you

in connection with the policy in Austria shortly after the Anschluss.

The first charge is with regard to the Jewish question, namely, that you

participated in this grievous treatment of the Jewish population, or

that you were responsible for it.

What can you say to that?

SEYSS-INQUART: I cannot at all deny it; for certainly, as chief of the

civil administration, I issued orders along that line in my field of

authority, though Bürckel claimed that the Jewish question, as such was

part of his field; and in a document which has been submitted here, he

called the Jewish question a matter arising as a consequence of the

Anschluss.

DR. STEINBAUER: May I, in this connection, refer to two documents. One

is Document Number Seyss-Inquart-64, a decree on Page 154. It is the

decree of the Führer on the appointment of Bürckel as Reich Commissioner

for the Reunion of Austria with the Reich. I emphasize here especially

Article 4, which gives Bürckel the detailed authority to issue orders to

the witness. The second document is Exhibit Number Seyss-lnquart-67,

Page 163; the Court already has it; it is Document Number 2237-PS. With

this long document, I only want to demonstrate that the entire solution

of the Jewish problem, particularly in November 1938, was a matter with

which the defendant had nothing to do.

The defendant’s own attitude I should like to show by submitting an

affidavit which came to me unsolicited from Australia. This is Document

Number Seyss-Inquart-70, Page 175. I am fully aware of the Tribunal’s

view that it is not very weighty evidence that some defendants have

submitted letters from Jews; “One swallow does not make a summer,” as

the proverb says. The reason for my submitting this document is

Paragraph 12 on Page 4, in which the witness, Dr. Walter Stricker, who

comes from a highly respected Jewish family in Linz, says the following:

“After my departure from Austria, I heard of other cases in

which Dr. Seyss gave similar help to Jews and that in May 1938,

when persecutions of Jews became particularly severe, he

protested to the Gauleiter Bürckel.”

It is therefore quite clear that the defendant did not participate but

rejected this radical policy.

Witness, you know from the trial brief that you are charged with having

played a double game. What was the attitude of the Party toward you

after the Anschluss?

SEYSS-INQUART: I know that this charge is made against me and has been

made against me before. Radical circles of the Party made the same

accusation against me, and I will admit openly that I can understand why

it was made. I attempted to bring together two groups which, as history

has shown, simply could not be brought together; and since this could

not be anticipated at the time, the radical elements of both groups must

have come to the conclusion that the man who attempted it was not honest

in his attempt. But more important is something else. The final solution

of the Austrian question was not my solution at all, but the solution of

the radical elements in the Party. I myself, however, from 11 March at 8

o’clock in the evening, participated in that solution. As a result, it

is easy for people to say that I participated in it beforehand and

prepared for it; but that is not true. Only at 8 o’clock in the evening,

after Schuschnigg and the Fatherland Government had resigned, did I too

adopt this point of view, because under the given political conditions

there was no other possibility. For there was no political power in

Austria other than that of the National Socialists; the alternative was

civil war.

I myself welcomed the Anschluss Law, and my decision also determined

that of my colleagues. On 13 March, of course, I welcomed the opportune

moment. At most, there might have been some sort of hesitation as to

whether the Anschluss should actually then be carried through. I

considered that, but as I saw it, there was no need for misgivings from

the foreign political point of view, because, according to all reports,

everything would pass quietly. Domestically, there had never been so

much enthusiasm in Austria. I felt that no Austrian statesman, no man in

a position of responsibility, ever had the whole population behind him

as much as I. But the Anschluss Law was valuable and useful, insofar as

in any case the Reich would in reality have had the authority, and thus

it was certainly better it had full responsibility outwardly too.

DR. STEINBAUER: The Defendant Kaltenbrunner told me that he and you were

at this time very closely shadowed by Heydrich. Is that correct?

SEYSS-INQUART: Heydrich in particular was among those who distrusted us,

and “us” includes Kaltenbrunner. At the end of 1937 Heydrich wrote a

secret report, which I later received. In this report he said that the

solution of the Austrian question in favor of the Party was inescapable,

that the policy of State Councillor Seyss-Inquart might, however, prove

to be the only obstacle, for he would be in a position to produce

something like Austrian National Socialism. After the Anschluss a

so-called “escort” detail was attached to me with the sole task of

sending to Heydrich constant reports on what I was doing. I had as

little objection to this as to the fact that, as Austrian Minister of

Security, my telephone conversations were intercepted.

DR. STEINBAUER: After you had allegedly played the main role in this

affair, what reward did you receive for your activity? Were you given an

estate or a gratuity of several hundred thousand marks? Did you ever

receive anything like that?

SEYSS-INQUART: No, and there was no question of anything like that. My

reward was the knowledge of having worked for the formation of Greater

Germany.

DR. STEINBAUER: I would still like to ask you: Did you ever receive

anything?

SEYSS-INQUART: No. On my fiftieth birthday...

DR. STEINBAUER: But you received a title, did you not?

SEYSS-INQUART: Do you mean the title of Gruppenführer of the SS? On 15

March I was named Gruppenführer of the SS, as an honorary rank. I must

add that I did not try to obtain it and that I went through no

examinations or other such things. As a rule an honorary rank in the SS

does not entail membership in the general SS; it does not bestow on the

holder either command or disciplinary powers. I myself learned that when

I complained to Himmler about Bürckel and demanded proceedings—that

letter has been submitted here. Himmler told me then that he had no

disciplinary powers over Bürckel, who held only an honorary rank. I

myself, as regards the SS...

DR. STEINBAUER: I think that is sufficient.

THE PRESIDENT: Dr. Steinbauer, as I understood it, the defendant said

that he received a secondary post to furnish reports to Heydrich. What

was that secondary post? Is that what you said?

SEYSS-INQUART: Heydrich wrote a secret report against me. No, I am

sorry, Heydrich sent an “escort” detail...

THE PRESIDENT: You said in 1937 Heydrich issued a secret report about

Austria, and then said that the solution was unavoidable except for the

policy of Seyss-Inquart. That was the substance of it, was it not?

SEYSS-INQUART: I did not quite understand that.

THE PRESIDENT: And after that, I understood you to say you received a

secondary post to furnish reports to Heydrich.

SEYSS-INQUART: No, Heydrich sent four or five of his men to accompany me

as a kind of guard escort, and these men had orders to report my

movements to him.

THE PRESIDENT: I see; I must have misunderstood the translation.

DR. STEINBAUER: To sum up, I can say that apart from your appointment as

SS Gruppenführer you received no awards, with the exception of a promise

that you would become Reich Minister within a year? Is that correct?

SEYSS-INQUART: This promise was given at the end of April 1938. I refer

to a question in the cross-examination of the Reich Marshal. Before 13

March 1938 I did not receive the slightest promise from the Reich on

anything and was not in any way under obligation to anyone or bound to

obey anyone in the Reich.

DR. STEINBAUER: And with that I can close the chapter on Austria and

briefly discuss the Czechoslovakian question.

You are accused, on the basis of a congratulatory letter sent to the

Führer by Henlein, of having taken an active part in the annexation of

Czechoslovakia.

SEYSS-INQUART: In the affairs of September 1938 I had no other part at

all than that of receiving, as Reichsstatthalter in Austria, the

refugees from the border areas, lodging, and caring for them in Austria.

Henlein, and a few other leaders, I knew personally but did not

interfere in their politics and was not well acquainted with their

relations to the Reich.

DR. STEINBAUER: What can you say about Slovakia?

SEYSS-INQUART: The relations between Vienna and Bratislava were very

good even at the time of the old Austrian Monarchy. I myself had

relatives in Bratislava. Hence the Slovaks and the Germans knew each

other well. We knew in particular the complaint of the Slovaks that the

promise of Pittsburgh had not been kept, that they had not received full

autonomy of Slovakia. Father Hlinka was in favor of complete autonomy;

he was venerated in Slovakia as a saint, and at least three-quarters of

the Slovakian people were behind him; he advocated independence from the

Parliament in Prague and the adoption of Slovakian as the official

language. After March 1938—to be exact, after September 1938—I met a

few Slovakian politicians, Sidor, Dr. Tiso, Dr. Churchansky, and perhaps

one or two others. The Führer himself once asked me to inform him and to

send him a report on Slovakian conditions; and I commissioned two of my

colleagues, who had very good personal connections in Slovakia, to

obtain the desired information. In March 1939 I talked to Sidor and Dr.

Tiso, because they wanted to confer with me on possible Berlin-Prague

developments and their consequences for Slovakia; at least, so I was

told by my colleagues who had invited me. Mention was made in these

discussions of the possibility of a Berlin-Prague clash and of the

concern for the integrity of Slovakia, because there was the danger that

the Hungarians, and the Poles too, might take advantage of the occasion

by occupying Slovakian territory. The Slovakian gentlemen wanted

assurances on what Berlin intended to do and what they could do to

preserve the integrity of their country. I spoke very openly with these

gentlemen; but I did not ask them to declare their independence, for

they themselves had to make that decision. We discussed rather the

question of whether differences between Slovakian and German interests

existed, and we established that they did not exist.

DR. STEINBAUER: In this connection I should like to refer to two

documents. One is Document Number Seyss-Inquart-71, Page 181. This is

the reference to the Pittsburgh Treaty. The second document is Exhibit

Number Seyss-Inquart-72 (Document Number D-751), Page 183, submitted by

the Prosecution as Exhibit Number USA-112, as proof that the defendant

was in unlawful contact with the Slovakians.

You are, of course, acquainted with this document, Witness. It is a

report of Viscount Halifax, of 21 March 1939. Who was in Bratislava with

you at that time? Or were you there at all?

SEYSS-INQUART: State Secretary Keppler was at that time sent from Berlin

to Vienna with the task of putting certain questions to the Slovakian

Government. Both Bürckel and I had refused to take over such an

assignment; that was one of the few instances in which I agreed with

Bürckel. As chief of territorial administration it fell to me to make

preparations for the visit to Bratislava, and it was agreed that State

Secretary Keppler would go to Bratislava in my car. Bürckel and I

accompanied Keppler. No generals or other representatives of the

Wehrmacht were present. The record of the conversations may be

considered accurate.

DR. STEINBAUER: It says in the document “and five German generals.”

SEYSS-INQUART: That is wrong.

I should like to call the Court’s attention to the fact that both the

Slovakian Minister Sidor and Monsignor Tiso, who later became President,

declare in this document that they negotiated only with Bürckel; the

name Seyss-Inquart does not appear at all.

DR. STEINBAUER: Then, to sum up, can I say that you did not engage in

the activity with which the Prosecution charge you in connection with

Czechoslovakia or Slovakia? Is that correct?

SEYSS-INQUART: At any rate, I do not think that, in pursuing the

interests of the Reich, I overstepped those limits which in such

negotiations must be conceded to someone charged with representing

legitimate interests. I did not participate when on 12 March Dr. Tiso

through Bürckel—I did not overstep the limits justified in representing

legitimate interests of the German Reich.

DR. STEINBAUER: Thank you, that is sufficient.

Then in 1939, on 1 May 1939, you became Minister without Portfolio. Is

that correct?

SEYSS-INQUART: Yes.

DR. STEINBAUER: Did you ever take part in a Cabinet session, or a

session of the Secret Defense Council?

SEYSS-INQUART: It no longer existed.

DR. STEINBAUER: Did you have influence in any way on the decision to

make war on Poland?

SEYSS-INQUART: In no way whatever.

DR. STEINBAUER: When the war with Poland had actually begun, did you

express your opinion on it to Hitler?

SEYSS-INQUART: In the second week of September I wrote a letter to

Hitler. I hope that this letter too is among my Vienna files. I read a

copy of it about a year and a half ago, and I remember the contents

well. I called Hitler’s attention to the fact that among the German

people there was no enthusiasm at all; but, on the contrary, the gravest

concern that it would be a life-and-death struggle. I expressed my

opinion that the war would not end by a military solution but would have

to be solved politically and that the basis for such a political

solution would be the alliance with the Soviets, which should perhaps be

extended to a military alliance. Consideration should be given to the

fact that the Soviets, like Czarist Russia, would never abandon their

interests in the Balkans and that Pan-Slavism would also play a role;

consequently, Russia would have to be reckoned with in the

Czechoslovakian and Polish questions. I said that it was necessary at

all costs to maintain the belt of neutral states. Then the war on the

narrow Western Front would run its course. The Italian policy, however,

should not become a burden for Germany; but an agreement should be

reached with Greece and Turkey. England could not be defeated through

the air or by U-boats; one had to attack her position in the

Mediterranean to force her to make peace.

DR. STEINBAUER: Did you receive an answer to this letter from the

Führer?

SEYSS-INQUART: I received no direct answer, but once in a conversation

he made a remark which showed clearly that he had read the letter. He

said to me, “I do not want to destroy the British Empire at all,”

whereby, however, he implied that he had misunderstood my letter.

DR. STEINBAUER: Mr. President, if the Tribunal agree, I think this would

be a suitable time to adjourn.

THE PRESIDENT: Yes.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

DR. STEINBAUER: We last spoke about your attitude with regard to the

question of Czechoslovakia. You talked about your position as Reich

Governor in Vienna, and described your intolerable relations with

Bürckel, which was the reason why you changed your work and went to

Poland. What were your functions in Poland?

SEYSS-INQUART: First of all, I was appointed administrative chief for

Southern Poland, which position actually came within the organization of

the Armed Forces. This administrative post, however, was never set up,

since the Government General was created forthwith and I became the

Deputy of the Governor General. My sphere of influence was legally

defined but depended, of course, upon the different cases in which the

Governor General needed me as his deputy. On 19 January 1940, he

determined this at a conference.

DR. STEINBAUER: In this connection I should like to refer to Document

Seyss-Inquart-73, on Page 185, which is an extract from Dr. Frank’s

diary. On Page 14 of this diary he describes the functions of

Seyss-Inquart, and then on Page 30 he says something which he repeated

to me in person, namely, that he bore the responsibility for what

happened there.

Now, you became the deputy of the Governor General—although by rank as

a Reich Minister you were actually placed higher—and you exercised

certain functions there which, as we have heard, consisted primarily of

making out reports. Under Document Number 2278-PS is a report which you

yourself wrote, in which there are certain things for which you are

accused. Will you please tell us what you have to say about this report

on your official travels.

SEYSS-INQUART: My secretary wrote that report. I have read it, of

course.

DR. STEINBAUER: It is Exhibit USA-706.

SEYSS-INQUART: It is brought against me, among other things, that the

Governor of Lublin had suggested that the Jews be transferred from

Lublin to the district of Cycow and then decimated. The Prosecution

itself has stated that this is an insertion made by the writer. In any

case this was not an official report at a meeting.

Cycow itself was a settlement occupied by a group of Germans, and by

employing Jews in that area I could hardly be suspected of wanting to

exterminate the Jews in that district because of the climatic

conditions. I knew, however, that it was the Governor’s wish to have the

very large Jewish population of Lublin removed from the town. I remember

nothing of any specific intention expressed by the word “decimating”—in

the sense of annihilating. The Governor of Radom reported to me that

desperate criminals there had been shot. It is true, he did tell me

that. I was under the impression that this had been done by the summary

courts martial, which still functioned at the time. But there are

several passages in this same report where I always point out that

German courts must be introduced, and that no sentence must be carried

out without proper court procedure. I think that quite probably I said

the same thing at the time I was at Radom—only this is not mentioned in

the report.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 15 · 第 128 / 130 题