Two parties have a contract with each other. One party does not live up to that contract, and the other party has no way of making him fulfill his obligations. Thus the other party can do nothing except, in turn, not adhere to the contract. That is what Germany did. That is what I supported. Now, of course, I must say that I had expected a type of reaction which in such a case must always be expected from the partner to a contract, namely, that he would say, “Well, if you do not keep up the contract either, then we shall have to discuss this contract again.”
I must say—and I can quite safely use the word—it was a disappointment to me that Germany’s rearmament was not in any way replied to by any actions from the Allies. This so-called breach of contract on Germany’s part against the Versailles Treaty was taken quite calmly. A note of protest was all; nothing in the least was done, apart from that, to bring up again the question of disarmament in which I was interested.
Not only was Germany allowed to go on rearming but the Naval Agreement with Great Britain did, in fact, give Germany the legal right to rearm contrary to the Versailles Treaty. Military missions were sent to Germany to look at this rearmament, and German military displays were visited and everything else was done, but nothing at all was done to stop Germany’s rearmament.
MR. JUSTICE JACKSON: If the Tribunal please, I cannot see the point of all this detail. We have conceded that rearmament here, except as it was involved with aggressive purposes, is immaterial. As I said in the opening, the United States does not care to try here the issues of European politics, nor are they submitted to this Tribunal for decision.
The sole question here is the Indictment, charging arming with the purpose of aggression.
I do not want to interfere with the defendant giving any facts that bear on his aggressive intentions, but the details of negotiations, of European politics and charges and countercharges between governments, it seems to me, lies way back of any inquiry that we could possibly make, and the details of this matter seem to me not helpful to the solution of the issues here, and I think was ruled out by the Tribunal in the case of Göring, if I am not mistaken.
THE PRESIDENT: Well, Dr. Dix, it all seems to be a matter of argument, and argument isn’t really the subject of evidence.
DR. DIX: I do not believe so, Your Lordship. What Mr. Justice Jackson said is quite correct. Schacht is accused of having assisted in bringing about an aggressive war, but this assistance of his is supposed to have consisted in the financing which he carried out.
THE PRESIDENT: Go on, Dr. Dix, and do try to make it as short as possible.
DR. DIX: I think you had come to the end of that question anyway.