Morning Session
THE PRESIDENT: I call on counsel for the Defendant Seyss-Inquart.
DR. STEINBAUER: Your Lordship, High Tribunal, I open the defense case with the last words spoken by Dr. Schuschnigg as he resigned from the Austrian Chancellorship on 11 March 1938: “God protect Austria.”
It is a coincidence in history that at a time when the question of the Anschluss is being discussed here with reference to the person of Seyss-Inquart, the four Foreign Ministers are preparing the peace treaties on the basis of the same events. May I, therefore, draw the Tribunal’s attention to my documents on this matter and ask that I be permitted to quote from them at somewhat greater length than I had originally intended?
Now, with the permission of the Tribunal, may I begin with the examination of the defendant as witness in his own defense.
[The defendant took the stand.]
THE PRESIDENT: Will you state your full name, please?
ARTHUR SEYSS-INQUART (Defendant): Arthur Seyss-Inquart.
THE PRESIDENT: Will you repeat this oath after me: I swear by God—the Almighty and Omniscient—that I will speak the pure truth—and will withhold and add nothing.
[The defendant repeated the oath in German.]
THE PRESIDENT: You may sit down.
DR. STEINBAUER: Witness, when and where were you born?
SEYSS-INQUART: I was born in 1892 in Iglau, situated in what was up to now a German-speaking enclave in Moravia. Moravia, at that time, was a crown province of the Austro-Hungarian Monarchy. There and in the German-speaking enclave Olmütz, also in Moravia, I lived until the age of 15, when with my parents I moved into the vicinity of Vienna where I completed my studies at the Gymnasium and the legal faculty of the University of Vienna. In August 1914 I enlisted in the Army.
DR. STEINBAUER: Were you in the Army during the whole of the war?
SEYSS-INQUART: Yes. I served with the Tyrolean Kaiserjäger and saw fighting in Russia, Romania, and in Italy. On a furlough during the war I passed my final examinations, and in 1917 I received my doctor’s degree. I was wounded once, decorated several times, three times for bravery in the face of the enemy.
DR. STEINBAUER: What impressions of importance for your later life did you retain from the time of your youth?
SEYSS-INQUART: Relevant to my case is, I think, only the experience of the struggle between the nationalities in Moravia, between the Germans and the Czechs. The Germans in those days were in favor of a unified Austrian state, while the Czechs pursued a predominantly nationalistic policy. It is, however, not without significance that a language compromise was agreed upon in Moravia.
DR. STEINBAUER: What lasting impressions did you retain from your service in the war?
SEYSS-INQUART: Apart from the experience of comradeship at the front, I remember especially the discussion toward the end of the war on the Fourteen Points of President Wilson.
DR. STEINBAUER: Their essential content being the people’s right of self-determination?
SEYSS-INQUART: It was clear to us that the realization of those Fourteen Points would mean the dissolution of the Austro-Hungarian Monarchy. We Germans regarded it as at least a compensation that in pursuance of this right of self-determination the German Erblande (the domain of the Holy Roman Emperors) would be able to return to the Reich from which they had been separated just 50 years before, in 1866. Yes, these territories had been created by the German Reich and had been part of it for 950 out of the 1,000 years of their existence.
DR. STEINBAUER: What did you do after your return from the war?
SEYSS-INQUART: I devoted myself to my legal profession. In 1921 I set up my own practice, which in time grew into a very successful one.
DR. STEINBAUER: What of your political attitude? Were you a member of any political party?
SEYSS-INQUART: I was not a member of any political party, because I did not want to tie myself to partisan politics. I had good friends in all parties, including the Christian Social and Social Democratic Parties; but the party programs seemed to me rather one-sided, too much designed for individual groups of the community.
DR. STEINBAUER: Were you a member of any political clubs, for instance, the Austro-German Volksbund?
SEYSS-INQUART: Yes, I was a member of the executive of the Austro-German Volksbund, because the only political idea to which I adhered after 1918 was Austria’s Anschluss with the German Reich. I witnessed 12 November 1918, when the Provisional National Assembly, in fulfillment of the right of self-determination, decided that “Austria is a part of the German Republic.” Furthermore, the Constitutional National Assembly repeated the decision 6 months later. But the Treaty of St. Germain forbade the Anschluss. Thereupon the various districts tried to hold plebiscites; in Salzburg and the Tyrol 98 percent of those entitled to the vote were in favor of the Anschluss. Dr. Schuschnigg describes these events in his book, Three Times Austria.
The answer was a serious attempt to divide Austria among its non-German neighbors; but they could not agree on the booty.
DR. STEINBAUER: Mr. President, may I at this point submit to the Tribunal and refer briefly to several documents of my document book? The first document, to which I have given the Document Number Seyss-Inquart-1, is on Page 2 of the document book and contains the proclamation of the German-Austrian deputies after the collapse of the Austro-Hungarian Monarchy on 21 October 1918. There the second sentence reads:
“The German-Austrian State claims the territorial jurisdiction over the entire territory of German settlement areas, especially in the Sudetenland. The German-Austrian State will fight any annexation by other nations of territories which are inhabited by German farmers, workers, and citizens.”
Then, as Document Number Seyss-Inquart-2, I should like to submit—it is on Page 4 of the document book—the resolution which the witness has already mentioned, passed by the Provisional Austrian National Assembly on 12 November 1918, which says:
“German-Austria is a democratic republic. All public authorities are installed by the people. German-Austria is a part of the German Republic.”
The leader of the biggest national party of the time, Dr. Karl Renner, explained the reasons for this law on 12 November and said the following, which appears on Page 6 as Document Number Seyss-Inquart-3:
“Our great people is in distress and misery, the people whose pride it has always been to be called the people of poets and thinkers, our German people of humanism, our German people which loves all mankind is deeply bowed in misery. But it is just in this hour in which it would be so easy and convenient and perhaps also tempting to settle one’s account separately and perhaps to snatch advantages from the enemy’s ruse, in this hour our people in all provinces wish to proclaim: We are one family and one people living under a common fate.”
Then I come to Document Number Seyss-Inquart-4, which is on Page 18...
THE PRESIDENT: Page 8, is it not?
DR. STEINBAUER: Page 18. I beg your pardon, yes, Page 8.
That refers to the plebiscite on 24 April 1921 in the Tyrol, when 145,302 voted for the Anschluss and 1,805 against it. On 18 May 1921, there were 98,546 votes for the Anschluss in the district of Salzburg, and 877 votes against it.
Your Honors, while submitting the document, I said that I maintain there were three component factors leading to the Anschluss: First, the economic emergency which runs as a recurring theme through the entire history of the period. Second, the disunity among the democratic parties, resulting therefrom. Third, the attitude of the rest of the world, particularly the big powers, toward our small country.
Those thoughts are laid down in my document book, and I should like now with reference to the economic emergency of that time to submit as my next exhibit the speech of Prelate Hauser, President of the Austrian Parliament. The speech, made on 6 September 1919, appears on Page 14 of my document book. As President of the Parliament he suggested the acceptance of the Peace Treaty of St. Germain, giving the following reason:
“The National Assembly has no choice. Country and people need lasting peace which will open the world to them again morally and economically and which can once again procure work for the masses of our people at home and abroad....”
Then in the second paragraph he says:
“It also has no other choice because our country depends on the big powers for its supply of food, coal, and industrial raw materials as well as in the re-establishment of its credit and its currency.”
The same point of view was expressed by the two statesmen Seipel and Schober. In Document Number Seyss-Inquart-17, Seipel, regarded as the greatest Austrian statesman, said at that time:
“But we will never believe that the Central European question is solved as long as the great state which virtually makes up Central Europe, the German Reich, is not a party to the solution.”
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.