2. THE GENERAL-GOUVERNEMENT
A. Confiscatory Laws and Decrees
In October 1939 Goering issued a verbal order to Dr. Muehlmann asking him to undertake the immediate securing of all Polish art treasures. (1709-PS)
On 15 November 1939, Hans Frank, Governor-General for the Occupied Polish Territories, issued a decree providing in part:
“Article 1. 1. All movable and stationary property of the Former Polish State * * * will be sequestered for the purpose of securing all manner of public valuables.” (1773-PS).
On 16 December 1939, Frank issued a decree providing in part:
“Article 1. All art objects in public possession in the General Gouvernement will be confiscated for the fulfillment of public tasks of common interest insofar as it has not already been seized under the decree on the confiscation of the wealth of the former Polish State in the General Gouvernement of 15 November 1939 (Verordnungsblatt GGP, p. 37).
“Article 2. With the exception of art collections and art objects which were the property of the former Polish State, art objects will be considered as owned by the public:
“1. Private art collections which have been taken under protection by the special commissioner for the seizure and safekeeping of the art and cultural treasures.
“2. All ecclesiastical art property with the exception of those objects required for the daily performance of liturgic actions.
“Article 3. 1. In order to determine whether art objects are public property in the sense of this regulation, every private and ecclesiastical art possession has to be registered with exact data on the kind, nature and number of pieces.
“2. Everyone who possessed or at the present time is in possession of or else is entitled to dispose of such objects of art since 15 March 1939, is obliged to register the same.” (1773-PS)
In order to implement the above decree, the following registration decree was issued in the name of the Governor-General by Dr. Muehlmann, Special Deputy for the Securing of Art Treasures:
“Article 2. 1. Objects of artistic, cultural-historical and historical value which originate from the time before 1850, have to be registered.
“2. The registration includes the following:
“a. Paintings.
“b. Sculpture.
“c. Products of handicraft (for instance antique furniture, chinaware, glass, golden and silver objects, Gobelins, rugs, embroideries, lacework, paramente, etc.).
“d. Drawings, engravings, woodcuts, etc.
“e. Rare manuscripts, musical manuscripts, autographs, book-paintings, miniatures, prints, covers, etc.
“f. Weapons, armors, etc.
“g. Coins, medals, seals, etc.
“3. Regarding the art objects mentioned in section 2, detailed information has to be given if possible, on the master, the time of production, the contents of the representation, measurements and material (for instance, wood, canvas, bronze, etc.).” (1773-PS)
The seizures authorized by the above decrees ripened into confiscation and assumption of ownership by the General Gouvernement, with the issuance of the following decree by Frank on 24 September 1940:
“Article 1. The property sequestered on the basis of Article 1, section 1 of the decree on the confiscation of the wealth of the former Polish State within the General Gouvernement of 15 November 1939 (Verordnungsblatt GGP, page 37) will be transferred to the ownership of the General Gouvernement.” (1773-PS)
Heinrich Himmler, as Reichscommissioner for the Strengthening of Germanism, issued an “urgent decree” to the regional officers of the Secret Police in the Annexed Eastern Territories and the Commanders of Security Service in Krakau (Charkow), Radom, Warsaw, and Lublin. The decree, 1 December 1939, was circulated on 16 December 1939, the same date as the promulgation of the decree of Dr. Muehlmann, above referred to (1773-PS). The Himmler decree contained administrative directions for execution of the Art Seizure program. (R-143)
B. Purpose of Art Seizures.
The purpose of the Seizure Program is indicated in the aforementioned Himmler decree:
“I
“1. To strengthen Germanism in the defense of the Reich all articles mentioned in Section II of this decree are hereby confiscated. This applies to all articles located in the territories annexed by the Fuehrer’s and Reich Chancellor’s decree of 12/10/39, and the General Government for the Occupied Polish Territories. They are confiscated for the benefit of the German Reich and are at the disposal of the Reich Commissioner for the Strengthening of Germanism.”
* * * * * *
IV
“All confiscations made before this decree by authorities of the Reich Fuehrer SS and the Chief of German Police and the Reich Commissioner for the Strengthening of Germanism are hereby confirmed. They are to be regarded as made for the benefit of the German Reich and are at the disposal of the Reich Commissioner for the Strengthening of Germanism.” (R-143)
The methodical nature of the Art Seizure Program, and the existence of a general policy of confiscation of art treasures, is indicated in section V of Himmler’s decree:
“In due course the usual questionnaires for cataloguing confiscated articles are to be sent to the Chief Custodian East.” (R-143)
The intention to enrich Germany by the seizures rather than merely to protect the seized objects is indicated in a report by Dr. Hans Posse, Director of the Dresden State Picture Gallery:
“I was able to gain some knowledge on the public and private collections as well as clerical property in Cracow and Warsaw. It is true that we cannot hope too much to enrich ourselves from the acquisition of great Art works, of paintings and sculptures, with the exception of the Veit-Stoss Altar and the plates of Hans Von Kulmbach in the Church of Maria in Cracow . . . . . . and several other works from the National Museum in Warsaw. * * *” (1600-PS)
The avowed purpose of the art treasure seizures was the promulgation of German Culture throughout the Occupied East:
“* * * the result is put down in the catalogue together with reproductions, and this is a definite proof of the penetration of the East by the German Cultural urge.” (1233-PS)
C. Nature, Extent, and Value of Property Seized.
Virtually the entire art possession of Poland, private as well as public, was seized by the General Gouvernement (1233-PS). In a catalogue of the more important works of art seized by the General Gouvernement, paragraph 1 of the Foreword contains the following admission:
“On the basis of the decree of the General Governor for the Occupied Polish Territories of December 16, 1939, the Special Delegate for the Safeguarding of Treasures of Art and Culture was able in the course of six months to secure almost the entire art treasure of the country, with one single exception: the Flemish Gobelin series from the castle in Cracow. According to the latest information, these are kept in France, so that it will be possible to secure them eventually.” (1233-PS)
The nature and extent of materials seized by the General Gouvernement is indicated in Document 1709-PS. The document inventories the objects seized, and divides them into two classifications: those of primary importance (“Reich-important”), and those of secondary importance. Articles of primary importance, totaling 521 separate objects, are also set forth in a descriptive catalogue. (1233-PS)
The articles catalogued include paintings by German, Italian, Dutch, French, and Spanish masters, rare illustrated books, Indian and Persian miniatures, woodcuts, the famous Veit-Stoss hand-carved altar, handicraft articles of gold and silver, antique furniture, articles of crystal, glass and porcelain, tapestries, antique weapons, rare coins, and medals. The objects were seized from both public and private sources, including the National Museum in Cracow and the National Museum in Warsaw, the cathedrals of Warsaw and Lublin, a number of churches and monasteries, the Chateau of the Kings in Warsaw, university and other libraries, and a large number of private collections of the Polish nobility. (1709-PS)
Items placed in the second category are of the same nature as those placed in category I. Approximately 500 separate items are catalogued, many of the items including a large number of separate objects treated under a single catalogue heading. (1709-PS)
The value of the objects seized from 22 collections is stated to be 9,437,000 Zloty. The materials referred to are only a portion of those selected as being of secondary importance. No valuation is given as to the balance of the items of secondary importance or as to the 521 objects selected as being of primary importance. (1709-PS)
D. Evidence That Seizures Were Not Merely for Protective Purposes.
In Dr. Posse’s report (1600-PS), a number of items are referred to which may be found in the catalogue of art objects “made secure” (1233-PS):
“I was able to gain some knowledge on the public and private collections as well as clerical property in Cracow and Warsaw. It is true that we cannot hope too much to enrich ourselves from the acquisition of great Art works, of paintings and sculptures, with the exception of the Veit-Stoss altar and the plates of Hans von Kulmbach in the Church of Maria in Cracow, the Raphael, Leonardo and Rembrandt from the collection Czartoryski, and several other works from the National Museum in Warsaw, * * * works of a rather high value of whose existence we in Germany had already known. Richer and more extensive is the Polish stock of ‘objects d’art’, such as handicraft in gold and silver, of German origin to a large part, particularly from the Church of Maria and the Cathedral of Wawel, tapestries, arms, porcelains, furniture, bronzes, coins, valuable parchment scrips, books, etc. * * *”
* * * * * *
“As I said before, I shall not be able to make proposals regarding the distribution as long as an inventory of the entire material does not exist. However, I should like to reserve for the museum at Linz the three most important paintings of the Czartoryski collection, namely the Raphael, Leonardo and Rembrandt which are at present in the Kaiser-Frederick Museum in Berlin. We in Dresden are particularly interested in the interior decorations of the castle of the Kings in Warsaw since Saxonian architects and artists have created them; therefore, the suggestion is made that the salvaged parts of it (panellings, doors, inlaid floors, sculptures, mirrors, glass-chandeliers, porcelains, etc.) be used for the interior decoration of the Pavillion of the ‘Zivinges’ in Dresden.” (1600-PS)
The following items listed in the above report are also listed in the catalogue:
| Item | Catalog No. |
| Veit-Stoss Altar | 241 |
| Hans Vol Kulmbach Works | 22 |
| Raphael | 141 |
| Leonardo | 134 |
| Rembrandt | 81 |
| Church of Maria Handicraft | 262-265, 279, 280 |
| From Jagellonic Library | 166, 167, 186, 199-203, 206, |
| 209, 212, 215-224 | |
| (See 1233-PS; 1600-PS.) |
Appendix 8 of Document 1709-PS lists a large number of objects which were turned over to Architect Koettgen. The items listed include, in addition to paintings, tapestries, etc., plates, dishes, cups and saucers, vases, cream pitchers, glasses, a bread basket, a service tray, and other items of table service. These objects were turned over to the architect for the purpose of furnishing the Castle at Cracow and Schloss Kressendorf for the Governor. (1709-PS)
A number of objects were transported out of Poland and placed in Berlin in the Depot of the Special Deputy or in the safe of the Deutsche Bank (1709-PS). Items at this location are also listed in the catalog (1233-PS) as numbers 4, 17, 27, 35, 42, 45, 47, 51, 138, 141, 145, and 148.
Thirty-one sketches by Durer were taken from the collection Lubomierski in Lemberg:
“The Special Deputy has personally handed over these sketches in July 1941 to the Reichsmarshal who took them to the Fuehrer at headquarters where they remain at the present time. On express direction of the Fuehrer they will stay in his possession for the time being.” (1709-PS)
All art objects seized were screened for those which were important from the German point of view:
“The Reich-important pieces were collected in a catalogue of the so called ‘First Choice’. One copy of this catalogue has been submitted to the Fuehrer who reserved to himself the first decision as to location and use of the art objects of the ‘First Choice’ ”. (1709-PS)
Dr. Muehlmann, the “Special Deputy for the Safeguarding of Art Treasures” in the General Government, has confirmed that it was the policy and purpose of the art seizure program to confiscate the art treasures and to retain them for the benefit of Germany:
“I confirm, that it was the official policy of the Governor General, Hans Frank, to take into custody all important art treasures, which belonged to Polish public institutions, private collections and the Church. I confirm, that the art treasures, mentioned, were actually confiscated, and it is clear to me, that they would not have remained in Poland in case of a German victory, but that they would have been used to complement German artistic property.” (3042-PS)
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE PLUNDER OF ART TREASURES
| Document | Description | Vol. | Page |
| Charter of the International Military Tribunal, Article 6 (b). | I | 5 | |
| International Military Tribunal, Indictment Number 1, Sections III; VIII (E). | I | 15, 43 | |
| 3737-PS | Hague Convention of 1907 respecting the Laws and Customs of War on Land, Annex, Articles 46, 47, 56. | VI | 597, 599 |
| ————— | |||
| Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court. | |||
| ————— | |||
| *015-PS | Letter and report of Rosenberg to Hitler, 16 April 1943, concerning seizure of ownerless Jewish art possessions. (USA 387) | III | 41 |
| 035-PS | Report, 26 October 1943, regarding security measures by Main Division Ukraine during withdrawal of Armed Forces. | III | 75 |
| 055-PS | Report, 12 September 1944, concerning works of art shipped from the Ukraine. | III | 99 |
| *071-PS | Rosenberg letter to Bormann, 23 April 1941, replying to Bormann’s letter of 19 April 1941 (Document 072-PS). (USA 371) | III | 119 |
| *090-PS | Letter from Rosenberg to Schwarz, 28 January 1941, concerning registration and collection of art treasures. (USA 372) | III | 148 |
| *136-PS | Certified copy of Hitler Order, 29 January 1940, concerning establishment of “Hohe Schule”. (USA 367) | III | 184 |
| *137-PS | Copy of Order from Keitel to Commanding General of Netherlands, 5 July 1940, to cooperate with the Einsatzstab Rosenberg. (USA 379) | III | 185 |
| 138-PS | Copy of Order from Keitel to Commanding General of France, 17 September 1940, to cooperate with the Einsatzstab Rosenberg. | III | 186 |
| 139-PS | Reineke order, 10 October 1940, concerning instructions to be given to Military Administration in Belgium to cooperate with Einsatzstab Rosenberg. | III | 187 |
| 140-PS | Reineke order, 30 October 1940, supplementing order of 17 September 1940 (Document 138-PS). | III | 187 |
| *141-PS | Goering Order, 5 November 1940, concerning seizure of Jewish art treasures. (USA 368) | III | 188 |
| *145-PS | Order signed by Rosenberg, 20 August 1941, concerning safeguarding the cultural goods in the Occupied Eastern Territories. (USA 373) | III | 189 |
| *149-PS | Hitler Order, 1 March 1942, establishing authority of Einsatzstab Rosenberg. (USA 369) | III | 190 |
| 151-PS | Rosenberg Order, 7 April 1942, concerning safeguarding of cultural goods, research material and Scientific Institutions in Occupied Eastern Territories. | III | 191 |
| *153-PS | Rosenberg Order, 27 April 1942, for formation of central unit for seizure of art treasures in occupied Eastern Territories. (USA 381) | III | 192 |
| *154-PS | Letter from Lammers to high State and Party authorities, 5 July 1942, confirming Rosenberg’s powers. (USA 370) | III | 193 |
| *158-PS | Message, 1 June 1944, initialled Utikal, Chief of Einsatzstab, concerning missions in Hungary. (USA 382) | III | 199 |
| *159-PS | Message, 6 June 1944, initialled Utikal, Chief of Einsatzstab, concerning missions in Denmark and Norway. (USA 380) | III | 199 |
| *171-PS | Undated report on “Library for Exploration of the Jewish Question” by the Hohe Schule District Office. (USA 383) | III | 200 |
| *176-PS | Report on Einsatzstab Rosenberg, Working Group Netherlands, signed Schimmer. (USA 707) | III | 203 |
| 707-PS | Letters, June-October 1943 concerning evacuation of the museum of Charkow. | III | 516 |
| 1015-B-PS | Report on activities of Special Staff for Pictorial Art, October 1940 to July 1944. | III | 666 |
| *1015-I-PS | Letter from Goering to Rosenberg, 30 May 1942. (USA 385) | III | 670 |
| 1015-GG-PS | Inventory of art objects—attached to a report (Document 1015-B-PS). | III | 671 |
| 1099-PS | Letter from Kube, General Commissar White Ruthenia, to Rosenberg, 28 September 1941. | III | 781 |
| 1107-PS | Office memorandum, 17 May 1944, in Rosenberg Ministry concerning the Wehrmacht’s function in removing treasures from the USSR. | III | 789 |
| 1109-PS | Note signed by Dr. Ullman, 17 June 1944, | ||
| concerning Bolshevic Atrocity Propaganda. | III | 791 | |
| *1117-PS | Goering Order, 1 May 1941 concerning establishment of Einsatzstab Rosenberg in all Occupied Territories. (USA 384) | III | 793 |
| 1118-PS | Letter from Rosenberg to Goering, 18 June 1942, and related correspondence. | III | 793 |
| *1233-PS | Printed catalog undated, concerning secured objects of art in the Government General (Poland). (USA 377) | III | 850 |
| *1600-PS | Bormann correspondence, 1940-1941, concerning confiscation of religious art treasures. (USA 690) | IV | 128 |
| *1709-PS | Report of Special Delegate for art seizures, July 1943. (USA 378) | IV | 211 |
| *1773-PS | Decree on sequestration of property of former Polish State in the General Government, 15 November 1939, published in The Law of the General Government, pp. E810, E845, E846. (USA 376) | IV | 346 |
| *2523-PS | Account of conversation between Goering and Bunjes. (USA 783) | V | 258 |
| *3042-PS | Affidavit of Dr. Kajetan Muehlmann, 19 November 1945. (USA 375) | V | 754 |
| 3766-PS | Report prepared by the German Army in France 1942 concerning removal of French art objects through the German Embassy and the Einsatzstab Rosenberg in France. | VI | 646 |
| 3814-PS | Correspondence between Hans Frank, Lammers and various witnesses to the conduct of Frank, February 1945. | VI | 739 |
| *L-188 | Report of 8 August 1944, on confiscation up to 31 July 1944. (USA 386) | VII | 1022 |
| R-143 | Himmler decree, 1 December 1939, concerning procedure for confiscation of works of art, archives, and documents. | VIII | 246 |
TRANSCRIBER NOTES
Punctuation and spelling has been maintained except where obvious printer errors have occurred including missing periods or commas for periods. American spelling occurs throughout the document. There are differences in spellings of cities depending on whether the source is the prosecutor or part of a quoted statement. Multiple occurrences of the following spellings which differ and are found throughout this volume are as follows:
| Luxemburg | Luxembourg |
| Esthonia | Estonia |
| Kiew | Kiev |
| Roumania | Rumania |
| Czecho-Slovakia | Checkoslovakia |
Although some sentences may appear to have incorrect spellings or verb tenses, the original text has been maintained as presented read into the record and reflects the actual translations of the various national documents presented as material for the trial(s). This volume had no German, Polish, Czech, Russian or other eastern European diacritics, only French diacritics. As a result, Goering and Fuehrer are spelled without umlauts throughout.
A correction of fact has been made on page 778 regarding “. . . the Italian invasion of Greece on 28 November 1940. . . .” It should be “28 October 1940”. In this ebook, “November” is marked with overstrike and “[October]” has been added.
An attempt has been made to produce this ebook in a format as close as possible to the original document's presentation and layout. As a result, the reader will find that the quoted texts in the first six chapters have indented paragraphs and the remaining chapters have quotations which are not indented, just as in the original document.
[The end of Nazi Conspiracy and Aggression (Vol. I), by Anonymous.]