In tendering his resignation on the 7th of April 1933, Von Papen wrote to Hitler, and I read from the document:
“With the draft of the law for the co-ordination of the states with the Reich, passed today by the Reich Chancellor, legislative work has begun which will be of historical significance for the political development of the German State. The step taken on 20 July 1932 by the Reich Government, which I headed at the time, with the aim of abolishing the dualism between the Reich and Prussia is now crowned by this new interlocking of the interests of the state of Prussia with those of the Reich. You, Herr Reich Chancellor, will now be, as once was Bismarck, in a position to co-ordinate in all points the policy of the greatest of German states with that of the Reich. Now that the new law affords you the possibility of appointing a Prussian Prime Minister, I beg you to inform the Reich President that I dutifully return to his hands my post of Reich Commissioner for Prussia.”
I would like to read also the letter which Hitler wrote to Hindenburg in transmitting this resignation. Hitler wrote:
“Vice Chancellor Von Papen has addressed a letter to me which I enclose for your information. Herr Von Papen has already informed me within the last few days that he has come to an agreement with Minister Göring to resign on his own volition, as soon as the unified conduct of the governmental affairs in the Reich and in Prussia would be assured by the new law on the co-ordination of policy in the Reich and the States.
“On the eve of the day when the new law on the institution of Reichsstatthalter was adopted, Herr Von Papen considered this aim as having been attained, and requested me to undertake the appointment of the Prussian Prime Minister, at the same time offering further collaboration in the Reich Government, by now lending full service.
“Herr Von Papen, in accepting the post of Commissioner for the Government of Prussia in these difficult times since 30 January, has rendered a very meritorious service to the realization of the idea of coordinating the policy in Reich and states. His collaboration in the Reich Cabinet, to which he is now lending all his energy, is infinitely valuable; my relationship to him is such a heartily friendly one, that I sincerely rejoice at the great help I shall thus receive.”
Yet it was only 5 weeks before this that on the 3rd of March 1933, Von Papen had warned the electorate at Stuttgart against abolishing federalism. I will now read from Document 3313-PS, which is on Page 48 of the English document book, and which I now introduce as Exhibit GB-240—about the middle of the third paragraph. This is an extract from Von Papen’s speech at Stuttgart. He said:
“Federalism will protect us from centralism, that organizational form which focuses all the living strength of a nation on one point. No nation is less fitted to be governed centrally than the German.”
Earlier, at the time of the elections in the autumn of 1932, Von Papen as Chancellor had visited Munich. The Frankfurter Zeitung of the 12th of October 1932 commented on his policy. I refer to Document 3318-PS on Page 51 of the English document book, which I introduce as Exhibit GB-241. The Frankfurter Zeitung commented:
“Von Papen claimed that it had been his great aim from the very beginning of his tenure in office to build a new Reich for, and with, the various states. The Reich Government is taking a definite federalist attitude. Its slogan is not a dreary centralism or uniformity.”
That was in October 1932. All that was now thrown overboard in deference to his new master.
I now come to the Jews. In March 1933 the entire Cabinet approved a systematic state policy of persecution of the Jews. This has already been described to the Tribunal. The reference to the transcript is Pages 1442 (Volume III, Page 525) and 2490 (Volume V, Page 93).
Only 4 days before the boycott was timed to begin “with all ferocity”—to borrow the words of Dr. Goebbels—Von Papen wrote a radiogram of reassurance to the Board of Trade for German-American Commerce in New York which had expressed its anxiety to the German Government about the situation. His assurance—which I now put in as Document D-635, and it will be Exhibit GB-242 on Page 73 of the English document book—his assurance was published in the New York Times on the 28th of March 1933, and it contained the following sentence which I read from about the middle of the page. This document is the last but one in the German document book:
“Reports circulated in America and received here with indignation about alleged tortures of political prisoners and mistreatment of Jews deserve strongest repudiation. Hundreds of thousands of Jews, irrespective of nationality, who have not taken part in political activities, are living here entirely unmolested.”
This is a characteristic . . .
DR. KUBUSCHOK: The article in the New York Times goes back to a telegram of the Defendant Von Papen, which is contained in the document book one page ahead. The English translation has a date of the 27th of March. This date is an error. The German text which I received shows that it is a question of a weekend letter, which, according to the figures on the German document, was sent on the 25th of March. This difference in time is of particular importance for the following reason:
In effect, on the 25th of March nothing was yet known concerning the Jewish boycott, which Goebbels then announced for the 1st of April. The Defendant Von Papen could, therefore, on the 25th of March, point to these then comparatively few smaller incidents as he does in the telegram. In any case, the conclusion of the indictment that the contents of the telegram were a lie thereby falls.
THE PRESIDENT: Major Barrington, have you the original of that?
MAJOR BARRINGTON: The original is here, My Lord; yes. It is quite correct that there are some figures at the top, which, though I had not recognized it, might indicate that it was dispatched on the 25th.
THE PRESIDENT: And when was the meeting of the Cabinet which approved the policy of persecution of the Jews?
MAJOR BARRINGTON: Well, My Lord, I can’t say. It was some time within the last few days of March, but it might have been on the 26th. I can have that checked up.
THE PRESIDENT: Very well.
DR. KUBUSCHOK: May I clarify that matter by saying that the Cabinet meeting in which the Jewish question was discussed took place at a much later date and that in this Cabinet meeting Cabinet members, among others the Defendant Von Papen, condemned the Jewish boycott. I shall submit the minutes of the meeting as soon as my motion has been granted.
THE PRESIDENT: I don’t know what you mean by your motion being granted. Does Counsel for the Prosecution say whether he persists in his allegation or whether he withdraws it?
MAJOR BARRINGTON: I will say this. Subject to checking the date when the Cabinet meeting took place . . .
THE PRESIDENT: Well, you can do that at the adjournment and let us know in the morning.
MAJOR BARRINGTON: If Your Lordship pleases. At this point I will just say this: That it was, as the Tribunal has already heard, common knowledge at the time that the Nazi policy was anti-Jewish, and Jews were already in concentration camps, so I will leave it to the Tribunal to infer that at the time when that radiogram was sent, which I am prepared to accept as being the 25th of March, that Von Papen did know of this policy of boycotting.
I will go further now that I am on this point, and I will say that Von Papen was indeed himself a supporter of the anti-Jewish policy, and as evidence of this I will put in Document 2830-PS, which is on