“It must, nevertheless, be recognized that the Concordat, in the years that followed, brought some advantages, or at least prevented worse evils. In fact, despite all the violations to which it was subjected, it gave Catholics a juridical basis for their defense, a stronghold behind which they could shield themselves in their opposition—as long as this was possible—to the ever-growing campaign of religious persecution.”
A practical effect of the Concordat is shown in Document 49, on Page 134 of my document book. It has already been presented as Exhibit USA-685. It is a letter from the Deputy of the Führer to the Reich Minister of Education and deals with the dissolution of the theological faculties of the universities. I quote the last paragraph of that letter:
“In this case, as you have likewise pointed out in your letter, the directives of the Concordat and the Church treaties are to be taken into consideration. In the case of those faculties which are not mentioned by a specific directive in the Concordat and the Church treaties, as for example, Munich and a few others, the dissolution may begin at once. This is equally true of the theological faculties in Austria: Vienna and Graz.”
[Turning to the defendant.] During the following years public discussion of questions regarding Church policy was almost entirely suppressed, since the Catholic press and, in violation of the Concordat, even Catholic Church papers were to a large extent banned. What did you do against this?
VON PAPEN: It appeared to me necessary, since the Catholic press had been completely muzzled, to do something to continue public discussion of the struggle against tendencies inimical to the Church. I very often talked about this question with Bishop Hudal, an outstanding churchman in Rome, whose book written in 1936 will be submitted to the Tribunal by my counsel. This book contains my severe criticism of the antireligious tendencies and contains also an objective appreciation of the positive social ideas of National Socialism; it is all the more notable because a high authority of the Church was then, in 1936, making yet another attempt to create a synthesis between Christian ideas and the healthy doctrines of National Socialism.
DR. KUBUSCHOK: In what way do you consider the book of importance with regard to the charge brought by the Prosecution?
VON PAPEN: I consider it to be relevant for the following reason: The Prosecution makes its task very easy: In view of the criminal end of National Socialism, it shifts all blame to the initial years of development and brands as criminals all those who, out of pure motives, attempted to give the Movement a constructive and creative character. But here in this book of 1936 a churchman of high rank lifts his voice in an attempt, made on his own initiative, to bring about an improvement of conditions. Today we know that all such attempts failed and that a world crumbled in ruins. But is it right, on that account, to accuse millions of people of crimes because they tried to attain something good in those days?
DR. KUBUSCHOK: I refer to extracts from Bishop Hudal’s book, contained in Document 36, Page 116, and ask that judicial notice be taken of that document. With reference to the subject which the witness has just mentioned, the attitude of high-ranking churchmen to the question of a possible synthesis of ideas, I refer to Document Number 50, Page 135, which is an appeal made by Cardinal Innitzer on behalf and at the request of the Austrian bishops.
Witness, as you have said, Bishop Hudal aimed at a change in Hitler’s ways along the lines proposed in his book. What was Hitler’s reaction to the book?
VON PAPEN: At first Hitler was, I thought, very much impressed by this book; but then the anti-Christian forces among his advisers gained the upper hand once more and convinced him that it would be dangerous in the extreme to allow such a book to appear in Germany. The book had been printed in Austria, and therefore a permit for its publication in Germany was required. All I could obtain was permission to print 2,000 copies, which Hitler wanted to distribute among leading Party members for a study of the problem.