Thirdly: The Treaty of Versailles and its violation by the defendants forms the nucleus of Count One of the Indictment, namely, the Conspiracy charged by the Prosecution. The Prosecution, in replying to a question of the Tribunal as to when the conspiracy may be said to have started, has said that the date might be set as far back as 1921.
Fourthly: The Prosecution has extensive...
THE PRESIDENT: I have not the least idea what you meant by the last point. I do not understand what you said in the last point in the least.
DR. SEIDL: I wanted to say that for the beginning of the Conspiracy alleged by the Prosecution, the Treaty of Versailles played a decisive part, and that there is at least some causal nexus between the origin of this treaty and the alleged Conspiracy. Before there can be talk of illegality and of guilt, the facts have to be established which were causative for the Conspiracy charged by the Prosecution.
Fourthly: The Prosecution has submitted extensive evidence on the development of the NSDAP. Numerous document books were submitted to the Court to show the growth in membership, to demonstrate the increase in the Reichstag mandates. Now, if this evidence was relevant, it is my assertion that also the circumstances and the facts that first enabled this rise of the Party at all must be relevant, if only from the viewpoint of causal nexus.
THE PRESIDENT: Is it your contention that the opinion of a journalist after the Treaty of Versailles was made, stating that, in his opinion, the Treaty of Versailles was unjust to Germany, would be admissible either for the interpretation of the Treaty or for any other purpose with which this Tribunal is concerned?
DR. SEIDL: Mr. President, I admit that of course the isolated opinion of a foreign journalist has not in itself to be a relevant document. But I do maintain that the opinion of Secretary of State Lansing on the coming about of the Treaty of Versailles and his connection with the history of this treaty must be of some evidential relevance. What weight attaches to his opinion is a question which cannot yet be established at this point. This question can be decided by the Tribunal only when the complete evidence has been submitted. I maintain further that the opinion of the Chairman of the Committee of Foreign Affairs of the Senate of the United States on the Treaty of Versailles, about its formulation, about its effects within the Conspiracy alleged by the Prosecution which purportedly is said to be directed chiefly against the Treaty of Versailles can prima facie have value as evidence. The same applies to most of the other statements quoted in this document book. I would like to call attention to Gustav Cassel, to John Maynard Keynes, the official financial advisor of the British Government, and to a number of others.
THE PRESIDENT: It is your contention that because of the provisions of the Versailles Treaty or because of an infraction of those provisions by the signatory powers, Germany was justified in making an aggressive war?
DR. SEIDL: I cannot answer that now definitely, so long as I have not heard the evidence of the other defendants. I do assert, however, that by violation of the Treaty of Versailles by the opposite side, under certain circumstances Germany or the defendants could infer the right to rearm, and that is an infraction of the Treaty of Versailles with which the defendants are charged. As far as the right to an aggressive war is concerned, I should not like to make any positive statements at least until such time as the Tribunal has taken official notice of the affidavit of Ambassador Gaus.
THE PRESIDENT: One more question I should like to ask you: Are you saying that the Fourteen Points which were laid down by President Wilson are admissible evidence to construe the written document of the Versailles Treaty?