As far as legality, that is, the opinion that we came to power legally, is concerned, I should like to emphasize two considerations in particular.
Firstly: in the years 1925 to 1932 no fewer than 30 Reichstag, Landtag, and presidential elections took place in Germany. The very fact that 37 parties had candidates in one Reichstag election alone gives a clear picture of how it happened that one strong coalition formed the so-called government majority, and another strong grouping formed the opposition, each with an entirely different point of view. Just think of an opposition formed in common by Communists and National Socialists for example, and the fact that one small party which had eight representatives altogether was now the decisive factor, and in two readings of a law, especially of a decisive law—every law had to have three readings—voted against the government and then secured sufficient political and material advantages to force the law through for the government at its third, final reading. This may give a picture of the conditions.
The second point which I want to emphasize especially in regard to the legality of our coming to power, is the following:
Had the democratic election system of England or the United States of America existed in Germany, then the National Socialist German Workers Party would, at the end of 1931 already, have legally possessed all seats in the Reichstag, without exception. For in every electoral district in Germany at that time, or at the beginning of 1932 at the latest, in every one—I emphasize this once more—the NSDAP was the strongest party; that is to say, given an electoral system as it is in Great Britain or in the United States all these weaker parties would have failed to gain any seats and from this time on we would have had only National Socialists in the Reich, in a perfectly legal way according to the democratic principles of these two great democracies.
For the further seizure of power the main political offices were now filled by new holders, as is the case in other lands when there has been a change-over of power among the political parties. Besides the ministers there were first of all—taking Prussia as an example—the administrative heads of the provinces, the official heads of administrative districts, the police commissioners, county heads (Landräte). In addition there was a certain further grade—I believe down to ministerial directors—who were considered political officials. District attorneys were considered political officials. This on the whole describes the range of offices which were filled anew when a shift in political power took place and had previously been bargained out among the parties having the majority. It did not go so far as in other countries—all the way down to the letter carrier. There was a change of office holders, but only of the most important posts.
In spite of that we did very little in this direction at first. First of all, I requested Herr Von Papen to relinquish to me the position of Prussian Prime Minister, as he, having no party behind him, could not very well undertake this reshuffling, but rather I, that is, one of us, should undertake it. We agreed at once. Thereupon I filled some, a relatively small part, of the highest administrative Prussian offices with National Socialists. At the same time I generously allowed Social Democrats to remain in these posts for many weeks. I filled a few important provincial offices with leading Catholic persons who were much closer to the Center Party than to us. But slowly, by degrees, in the course of time these offices, to the extent that they were key administrative positions, were, of course, filled with National Socialists—it could hardly be otherwise in the further course of the change-over, since these offices at the same time corresponded to the political districts. Even until the very end district heads remained in part National Socialists, in part, however, simply officials. The same was true of the Landräte. In the case of police commissioners, I should like to emphasize for the information of the Tribunal that the police commissioners at first had nothing to do with the Gestapo. A police commissioner in the bigger cities had the same function as a Landrat in the country, in part at least. These police commissioner posts had always been filled by the largest political parties until the seizure of power. Thus I found Social Democrats in these positions who could not, with the best of intentions, remain, as they had always been our opponents up to that date. That would have been absurd. I filled these police commissioner posts partly with National Socialists but partly, however, with people who had nothing to do with the Party. I remember that to the most important police commissioner post in the whole German Reich, the one in Berlin, I appointed Admiral Von Levetzow, retired, who was not a member of the Party. In some of these offices I put former SA leaders.
For the purpose of consolidation of power, which seemed very important not only to me but all of us because that was to form the basic condition for our further work, a still stronger influence came into the Reich Cabinet. New National Socialists received positions as ministers. New ministries were created. In addition came a number of new basic laws.
It was indeed clear to everyone who had concerned himself with German conditions, either abroad or especially in Germany, that we would put an end to the Communist Party as quickly as possible. It was an absolutely necessary consequence that it should be prohibited. We were convinced that if the Communist Party, which was the strongest next to us, had succeeded in coming to power, it would certainly not have taken any National Socialists into its cabinet or tolerated them elsewhere. We were aware that we would have been eliminated in an entirely different manner.
A further point in the consolidation of power was to eliminate to a certain extent the Reichstag as a parliament, at least for a period of time during the reorganization, because its influence was increasing until then. That, however, had happened owing to the fact that we had an absolute majority in the Reichstag after the new election. In some cases we suggested to the former parties that they should dissolve themselves, because they no longer had any purpose, and those which could not dissolve themselves were dissolved by us. I was speaking of the Communist Party and the Social Democratic Party. Beyond that, we wanted finally to fulfill an old, old longing of the German people and now not only appear to have the structure of a Reich, but at last, really become a unified German Reich. This purpose was served by firmly establishing the Reich idea and the Reich’s power throughout the countless states and provinces. If it had been difficult for a fervent German patriot before the first World War to get along with a heap of petty princes, it was even worse with those who took their places, for in the place of one small will there now appeared the most various, party-bound officials.
In the Reich there was a majority based on one thing; in Prussia, on another; in Bavaria, on yet another; and in Hesse, on something quite different. It was impossible in this manner to establish Reich sovereignty and a Reich which could be great again.