“Implementing the order of the Führer transmitted to Reichsleiter Rosenberg and made known to you at the time, to the effect that the premises of Masonic lodges, together with libraries and archives in the occupied countries, must be searched for material of value to Germany and that this material must be safeguarded by the Gestapo, the Führer has made the following decision:
“Reichsleiter Rosenberg, or his representative Reichshauptstellenleiter Ebert, has received from the Führer, personally, unequivocal instructions concerning the right of confiscation. He is authorized to transport to Germany such objects which appear to him of value and to place them here in security. You are requested to inform the competent military commanders or offices.”
The activities of Staff Rosenberg were multiple. Thus, for instance, on 18 December 1941, Rosenberg suggested to Hitler the seizure of Jewish furniture in the occupied territories of the West to serve for the establishments of Party organizations in the regions of the East.
Here is a copy of the document which was discovered by the Army of the United States, which bears the Document Number 001-PS, a copy of which I include in the document book under Exhibit Number RF-1311.
“Everywhere in the East the administration found terrible housing conditions, and the possibilities of getting supplies are so limited that it is practically impossible to obtain anything. That is why I request the Führer to concede that the furniture belonging to Jews who have fled, or those who are leaving Paris or any of the occupied territories of the West, be confiscated in order to supplement, as far as possible, the furniture for the establishments of the eastern administration.”
I have reached the bottom of Page 15.
Moreover, the Germans concealed their intentions. This is evident from the letter, dated 28 February 1942, addressed to the German Armistice Commission by the German Military Commander in France, of which I offer a photograph as Document Number RF-1312, Page 16. Here are a few extracts from this letter:
“Taking into consideration the special mission entrusted to Staff Rosenberg for seizing art objects of Jewish ownership, protests by the French Government against the activities of Staff Rosenberg have always been forwarded by us to the OKH while the reply was sent to the French Government that the protest has been forwarded to the office in charge in Berlin for investigation and decision.”
Further on, in the same letter, we read:
“The mission of Staff Rosenberg must, as in the past, be kept secret from the French authorities.”
A letter addressed to the Section Chief of the Military Administration in Paris of 7 April 1942, which I offer in evidence as Document Number RF-1313, contains the same directives. Here is the passage:
“Furniture belonging to Jews of English or American nationality will not be confiscated for the time being but only the furniture of Jews who are nationals of the Reich or of a country partially or totally occupied by the Reich or of Jews who are stateless. The confiscated objects become the property of the Reich. No receipt will be given. The right of third parties, especially those of lessors or of owners of store houses, is to be considered as cancelled.”
Further on in the same instructions, Page 17 of the brief:
“6. The operations must be carried out as discreetly as possible. As to general questions, inquiries by the local French authorities concerning the operations must be answered verbally to the effect that these are punitive measures ordered by a higher authority. Further arguments are to be avoided. Individual complaints are to be forwarded to the Einsatzstab.”
And further on:
“Discussions by the press concerning the utilization of vacant Jewish premises are undesirable for the time being.”
I turn to Page 19 in the brief to quote a very short passage of a letter dated 18 June 1942, signed by Rosenberg and addressed to the Defendant Göring. I offer in evidence a copy of this letter as Document Number RF-1314. Here is the passage which I shall read to the Tribunal. Page 20 of the brief, Page 2 of the document book:
“Some time ago I explicitly approved the instructions given by the Chief of my Einsatzstab, Stabsführer Party member Utikal, that Party member Dr. Lohse of the Bildende Kunst Office be put at your disposal for any purpose you may desire.”
I now come to a few explanations, Gentlemen, on the seizure operations, Page 22 of my written report:
“Since the first confiscations were made by the military authorities, the Devisenschutzkommando, and the German Embassy, Staff Rosenberg did not appear on the scene until the time when the great collective seizures had already been completed.
“The greater part of the Rothschild, Kahn, Weil-Picard, and Wildenstein collections had been confiscated and they represented three-quarters of the total booty of Staff Rosenberg.”
As far as the methods which were used to seize these works of art are concerned, I submit to the Tribunal a document which is a letter of the Secretary of French Finance, dated 25 October 1941. I offer it in evidence as Document Number RF-1315; and so as not to waste the Tribunal’s time I shall merely deposit this document since it is quite probable that my colleague will allude to it in his turn. Page 24 of the written report. . . .
THE PRESIDENT: How do you prove that the greater part of the Rothschild, Kahn, Weil-Picard, and Wildenstein collections was confiscated in the middle of November 1940? What is the evidence of it?
M. GERTHOFFER: General information furnished by the Fine Arts Department.
THE PRESIDENT: Have you put in a report of a government committee which states that?
M. GERTHOFFER: No, Mr. President, I have not got the report in my dossier. I did not believe it was necessary to present it in evidence, because I thought that it was admitted that nearly all the Rothschild collections were seized at this time.
THE PRESIDENT: I do not think we can take judicial notice of it in the absence of some government report and simply upon the statement.
M. GERTHOFFER: I think the question is not of great interest.
THE PRESIDENT: Well, the Tribunal cannot take any notice of statements which are not supported by evidence; therefore we shall disregard that statement. We must have the evidence first.
M. GERTHOFFER: I consider that the question is not of interest, since the Tribunal will soon see the enormous quantities of works of art which were removed by the Germans and I thought it would be useless to mention the individual owners by name.
THE PRESIDENT: I see that in the Document Number 1015-PS, which is in your second document book, the facts are stated. I do not know whether you are going to make use of that Exhibit Number RF-1323.
M. GERTHOFFER: Number RF-1323 (Document Number 1015-PS(b)) is the report of Dr. Scholz on the activities of Staff Rosenberg. This report contains details of quantities of works of art which were seized. I will quote this document later on.
THE PRESIDENT: And it includes the dates October 1940 to July 1944, and includes the Rothschild collection. I do not know whether it refers also to the other collections which are mentioned in your exposé.
M. GERTHOFFER: I shall cite this document a little later on. The report in question was also quoted on 18 December by Colonel Storey.
THE PRESIDENT: I intervened only for the purpose of saying that we cannot take any notice of statements of facts unless there is some evidence to support them.
M. GERTHOFFER: After the seizures had been effected (Page 44 of the exposé) the Germans carried out the work of listing, cataloging, and preparing for the presentation of the objects confiscated. This was a very great task indeed, rendered excessively long and complicated by lack of order and method. Objects of art were brought to the museum of the Jeu de Paume and