“Continual rumors small German troop movements into Austria and impending arrival Austrian Legion. SS and SA in undisputed control in Vienna. Police wear swastika arm bands. Schuschnigg and Schmidt rumored arrested. Himmler and Hess here.”—Signed—“Wiley.”
The law-making machine was put to work immediately on the task of consolidation. For all of this material I shall merely refer the Tribunal to the German sources and to the document number of the English translation, but I think I need not offer these legislative acts in evidence but shall merely invite the Court to take judicial notice of them.
First, Miklas was forced to resign as President. I refer to Dokumente der Deutschen Politik, Volume 6, I, Page 147, Number 30-b. Our translation is in our Document 2466-PS.
In this connection the Court will no doubt recall Göring’s telephone conversation as shown in Document 2949-PS, that in view of Miklas’ delay in appointing Seyss-Inquart, Miklas would be dismissed. Seyss-Inquart became both Chancellor and President.
He then signed a Federal Constitutional Law of March 13, 1938 for the reunion of Austria with the German Reich, which in turn was incorporated into the Reich Statute of Reunion, passed the same day, German law. I cite for that the Reichsgesetzblatt 1938, Volume 1, Page 237, Number 21, a translation of which will be found in our Document 2307-PS.
This Federal Constitutional Law declared Austria to be a province of the German Reich. By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provided (by the way, on the Constitutional Law to which I just referred there appear as signatories the following names:
Adolf Hitler, Führer and Reich Chancellor; Göring, General Field Marshal, Reich Minister of Aviation; Frick, Reich Minister of the Interior; Von Ribbentrop, Reich Minister of Foreign Affairs; R. Hess, Deputy Führer.)
By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provides, and I quote:
“Germany acknowledges and will respect the independence of Austria within the frontier, which may be fixed in a treaty between that state and the principal Allied and Associated Powers. She agrees that this independence shall be inalienable.” (JN-2)
Similarly, the Austrian action violated Article 88 of the Treaty of St. Germain, which provides: