“The Führer, on receiving the report of the Reich Minister for Foreign Affairs, has issued an order to safeguard for the time being, in addition to objects of art belonging to the French State, also such works of art and antiquities which constitute private property. Especially Jewish private property is to be taken in custody by the occupational power against removal or concealment, after having been labelled with the names of their present French owners. There is no intention of expropriation but certainly of a transfer into our custody to serve as a pawn in the peace negotiations.”
Identical measures were soon taken in Holland, Belgium, and Luxembourg. Exhibit Number RF-1302, which is a document discovered by the Army of the United States and which was registered under Document Number 137-PS, a copy of which I submit, was drawn up by Defendant Keitel on 5 July 1940:
“Reichsleiter Rosenberg has suggested the following to the Führer:
“1. State libraries and archives to be searched for documents of value to Germany.
“2. The chancelleries and high authorities of the Church, as well as the Masonic lodges, to be searched for proofs of political activities directed against us and the proofs in question to be seized.
“The Führer has ordered that this suggestion be carried out and that the Gestapo, assisted by the archivists of Reichsleiter Rosenberg, be placed in charge of the search. The Chief of the Security Police, SS Gruppenführer Heydrich, has been informed. He is to contact the military commander competent to deal with the execution of these orders.
“These measures to be executed in all regions of the Netherlands, Belgium, Luxembourg, and France which are occupied by us.
“It is requested that subordinate offices be informed.
“The Chief of the High Command of the Armed Forces, (signed) Keitel.”
I submit under Exhibit Number RF-1303 a copy of Document Number 139-PS, drawn up for Holland and expressed in approximately the same terms, and under Exhibit Number RF-1304 I submit a copy of Document Number 140-PS which is an analogous order for Belgium.
At the same time, by a decree of 15 July 1940 in execution of Keitel’s orders, a decree for the protection of works of art was issued in the occupied territories. This decree appeared in the German Official Bulletin VOBIF Number 3, Page 49 and following. I submit a copy of this decree under Document Number RF-1305, and I request the permission of the Tribunal to quote the two following paragraphs:
First paragraph, Section 1:
“Moveable works of art will not be taken from the place where they are at present or modified in any way whatsoever without the written authorization of a commander of the military administration.”
Section 3:
“Moveable works of art whose value exceeds 100,000 francs must be declared by their owners or custodians in writing prior to 15 August 1940, to the competent field command or some other authority indicated by the latter.”
If the Tribunal will kindly recall the explanation which I had the honor of presenting 2 weeks ago, it will remember that the Germans had, at the same time, issued similar decrees for freezing or immobilizing private property, currency, and other wealth.
In this decree, intended to be known by the population of the occupied territories, the question of safekeeping and confiscation had not yet arisen; the decree merely dealt with immobilization and declaration—preparatory measures, these, to future spoliation, and an indication of bad faith to be remembered.
Beginning with that period, seizures of the most famous French-Jewish art collections were carried out; seizures made under such conditions that they provoked numerous protests which were submitted to the Armistice Commission at Wiesbaden. I submit in the document book, as Document Number RF-1306, a letter of the French Secretary for Finance of 18 December 1941 containing one of these protests. So as not to waste the time of the Tribunal I shall not quote the document but shall merely offer it in evidence.
No dividing line was drawn between the activities or powers of civil authorities and those of military authorities. There were conflicts and rivalries but as from March 1941 Staff Rosenberg occupied the foreground; and it is possible to say that from 1940 to 1944 it enjoyed a monopoly in the confiscation of works of art in Luxembourg, Belgium, Holland, and France. Staff Rosenberg originated in the Office of Foreign Affairs of the Party. Hence the first function, in theory, of Staff Rosenberg, consisted in gathering political material which could and might be exploited in the struggle against Jewry and Free Masonry by the Hohe Schule. This is the Advance School, whose purpose Hitler defined in his order of 29 January 1940 to be found in the American documentation under Number 136-PS, a copy of which I submit in evidence as Exhibit Number RF-1308. The document is very brief and I shall read it to the Tribunal:
“The Hohe Schule is some day to become the center for National Socialist doctrinal research and education. It will be established after the war. However, in order to expedite the preparatory work already initiated, I order that Reichsleiter Alfred Rosenberg continue this preparatory work, especially in the field of research and the establishment of a library. The offices of the Party and the State organizations are required to support his work in every way.
“Berlin 29 January 1940, (signed) Adolf Hitler.”
Entrusted with the finding and seizing of Jewish collections which had been left “ownerless” in the occupied territories, Staff Rosenberg did not content itself with looting private houses; its activities also applied to the seizure of many trusts, especially of those deposited in strong boxes in banks. This is evident from the passage of the document that I submit as Document Number RF-1307 from which, the Tribunal permitting, I shall read a passage. This is on Page 2 of the translation and is also to be found in the brief:
“On 26 September 1941 M. Braumüller, acting on Rosenberg’s behalf, removed two cases filled with objects of art, which are listed and deposited with the agency of the Société Générale at Arcachon under the name of the depositor, M. Philippe de Rothschild, who has not yet regained his French nationality.”
As a matter of fact, the field of activity of Staff Rosenberg was not confined to the pillage of Jewish or Masonic property. It rapidly absorbed all it could of the artistic heritage of the occupied countries, a heritage which Staff Rosenberg appropriated by invariably illegal means without distinguishing between private property and public property.
This action of Staff Rosenberg was inspired by the orders of the Defendant Göring himself. It is thus that I submit as Exhibit Number RF-1309, a document, discovered by the Army of the United States and filed under Document Number 141-PS, which consists of an order of the Defendant Göring, Paris, dated 5 November 1940 and which extends the activities of Staff Rosenberg. Here is the order:
“To carry out the present measures for safeguarding Jewish property taken over by the Chief of the Military Administration in Paris and by Einsatzstab Rosenberg, the following procedure will be observed in connection with the art treasures deposited at the Louvre:
“1. Those art objects regarding which the Führer has reserved to himself the right of further disposal,
“2. those art objects which could serve to complete the collection of the Reich Marshal,
“3. those art objects and libraries which appear suitable for equipping the Hohe Schule within Reichsleiter Rosenberg’s sphere of duty.”
THE PRESIDENT: I think this document has already been read, M. Gerthoffer. I think this document was read by Colonel Storey.
M. GERTHOFFER: I shall omit the quotation,