b. The Foreign Deputy Office, Attention Amts- and Hofrat Schimpke or acting deputy.
c. Reich Minister of Justice, Attention Min. Buerodirektor Stadermann or acting deputy.
d. Deputy of the Fuehrer, Attention SS-Oberfuehrer Knoblauch or acting deputy.
e. Reichsfuehrer SS and Chief of the German Police, Attention SS-Untersturmfuehrer Reg.Rat Dr. Tanzmann or acting deputy.
to 2 Duplicate for taking note of.
[In long hand:] Dr. Kriege
V a 146/38/1 Encl. (2 dupl) Duplicate to file
E 26
The first possibility, the establishment of the legal invalidity of the Austrian Concordat, has in its favor, as ably shown by you, that a moral condemnation of the past system in Austria is brought about. This system seized the power without a mandate of the Austrian people and concluded the concordat without authorization on the part of the Austrian people. Further, I don't think, that we have to fear the effects upon the Saarland, which you indicated. However, it seems to me of the utmost importance, that the treaties, concluded by Austria with other states, have not been concluded under similar circumstances; therefore these states do not have to fear similar consequences, a fact, which should be pointed out at the time of the declaration of the invalidity of the Austrian concordat.
However, I think it advisable, to refer while dealing with the Curia, especially since this point of view was also advocated by Pope Benedict XV in his statement of November 21, 1921, before the Secret Consistory (Geheimkonsistorium).
I also take the position that Austria is without any concordat after the establishment of the invalidity of the Austrian concordat. I do not consider an extension of the Reich-concordat to Austria appropriate from the point of view of my office.
By authority of the State Secretary.