Archive/File: imt/nca/nca-01/nca-01-14-plunder-02 Last-Modified: 1996/06/20 Nazi Conspracy and Aggression, Volume One, Chapter Fourteen 2. THE GENERAL-GOUVERNEMENT A. Confiscatory Laws and Decrees In October 1939 Goering issued a verbal order to Dr. Muehlmann asking him to undertake the immediate securing of all Polish art treasures. (1709-PS) On 15 November 1939, Hans Frank, Governor-General for the Occupied Polish Territories, issued a decree providing in part: "Article 1. 1. All movable and stationary property of the Former Polish State *** will be sequestered for the purpose of securing all manner of public valuables." (1773-PS) . On 16 December 1939, Frank issued a decree providing in part: "Article 1. All art objects in public possession in the General Gouvernement will be confiscated for the fulfillment of public tasks of common interest insofar as it has not already been seized under the decree on the confiscation of the wealth of the former Polish State in the General Gouvernement of 15 November 1939 (Verordnungsblatt GGP, p. 37). "Article 2. With the exception of art collections and art objects which were the property of the former Polish State, art objects will be considered as owned by the public: "1. Private art collections which have been taken under protection by the special commissioner for the seizure and safekeeping of the art and cultural treasures. "2. All ecclesiastical art property with the exception of [Page 1107] those objects required for the daily performance of liturgic actions. "Article 3. 1. In order to determine whether art objects are public property in the sense of this regulation, every private and ecclesiastical art possession has to be registered with exact data on the kind, nature and number of pieces. "2. Everyone who possessed or at the present time is in possession of or else is entitled to dispose of such objects of art since 15 March 1939, is obliged to register the same." (1773-PS) In order to implement the above decree, the following registration decree wa issued in the name of the Governor General by Dr. Muehlmann, Special Deputy for the Securing of Art Treasures: "Article 2. 1. Objects of artistic, cultural-historical and historical value which originate from the time before 1850, have to be registered. "2. The registration includes the following: "a. Paintings. "b. Sculpture. "c. Products of handicraft (for instance antique furniture, chinaware, glass, golden and silver objects, Gobelins, rugs, embroideries, lacework, paramente, etc.). "d. Drawings, engravings, woodcuts, etc. "e. Rare manuscripts, musical manuscripts, autographs, book-paintings, miniatures, prints, covers, etc. "f. Weapons, armors, etc. "g. Coins, medals, seals, etc. "3. Regarding the art objects mentioned in section 2, detailed information has to be given if possible, on the master, the time of production, the contents of the representation, measurements and material (for instance, wood, canvas, bronze, etc.) ." (1773-PS) The seizures authorized by the above decrees ripened into confiscation and assumption of ownership by the General Gouvernement, with the issuance of the following decree by Frank on 24 September 1940: "Article 1. The property sequestered on the basis of Article 1, section 1 of the decree on the confiscation of the wealth of the former Polish State within the General Gouvernement of 15 November 1939 (Verordnungsblatt GGP, Pg. 37) will be transferred to the ownership of the General Gouvernement." (1773-PS) Heinrich Himmler, as Reichscommissioner for the Strengthen- [Page 1108] ing of Germanism, issued an "urgent decree" to the regional officers of the Secret Police in the Annexed Eastern Territories and the Commanders of Security Service in Krakau (Charkow), Radom, Warsaw, and Lublin. The decree, 11 February 1939, was circulated on 116 February 1939, the same date as the promulgation of the decree of Dr. Muehlmann, above referred to (1773-PS). The Himmler decree contained administrative directions for execution of the Art Seizure program. (R-143) B. Purpose of Art Seizures. The purpose of the Seizure Program is indicated in the aforementioned Himmler decree: "1. To strengthen Germanism in the defense of the Reich all articles mentioned in Section II of this decree are hereby confiscated. This applies to all articles located in the territories annexed by the Fuehrer's and Reich Chancellor's decree of 10 December 39, and the General Government for the Occupied Polish Territories. They are confiscated for the benefit of the German Reich and are at the disposal of the Reich Commissioner for the Strengthening of Germanism." ******* IV "All confiscations made before this decree by authorities of the Reich Fuehrer SS and the Chief of German Police and the Reich Commissioner for the Strengthening of Germanism are hereby confirmed. They are to be regarded as made for the benefit of the German Reich and are at the disposal of the Reich Commissioner for the Strengthening of Germanism." (R-143) The methodical nature of the Art Seizure Program, and the existence of a general policy of confiscation of art treasures, indicated in section V of Himmler's decree: "In due course the usual questionnaires for cataloguing confiscated articles are to be sent to the Chief Custodian East." (R-143) The intention to enrich Germany by the seizures rather than merely to protect the seized objects is indicated in a report by Dr. Hans Posse, Director of the Dresden State Picture Gallery: "I was able to gain some knowledge on the public and private collections as well as clerical property in Cracow and Warsaw. It is true that we cannot hope too much to enrich ourselves from the acquisition of great Art works, of paint- [Page 1109] ings and sculptures, with the exception of the Veit- Stoss Altar and the plates of Hans Von Kulmbach in the Church of Maria in Cracow ..and several other works from the National Museum in Warsaw. ***" (1600-PS) The avowed purpose of the art treasure seizures was the promulgation of German Culture throughout the Occupied East: "*** the result is put down in the catalogue together with reproductions, and this is a definite proof of the penetration of the East by the German Cultural urge." (1233-PS) C. Nature, Extent, and Value of Property Seized. Virtually the entire art possession of Poland, private as well as public, was seized by the General Gouvernement (1233- PS). In a catalogue of the more important works of art seized by the General Gouvernement, paragraph 1 of the Foreword contains the following admission: "On the basis of the decree of the General Governor for the Occupied Polish Territories of December 16,1939, the Special Delegate for the Safeguarding of Treasures of Art and Culture was able in the course of six months to secure almost the entire art treasure of the country, with one single exception: the Flemish Gobelin series from the castle in Cracow According to the latest information, these are kept in France, so that it will be possible to secure them eventually." (1233- PS) The nature and extent of materials seized by the General Gouvernement is indicated in Document 1709-PS. The document inventories the objects seized, and divides them into two classifications: those of primary importance ("Reich- important"), and those of secondary importance. Articles of primary importance, totaling 521 separate objects, are also set forth in a descriptive catalogue. (1233-PS) The articles catalogued include paintings by German, Italian, Dutch, French, and Spanish masters, rare illustrated books, Indian and Persian miniatures, woodcuts, the famous Veit-Stoss hand-carved altar, handicraft articles of gold and silver, antique furniture, articles of crystal, glass and porcelain, tapestries, antique weapons, rare coins, and medals. The objects were seized from both public and private sources, including the National Museum in Cracow and the National Museum in Warsaw, the cathedrals of Warsaw and Lublin, a number of churches and monasteries, the Chateau of the Kings in Warsaw, university and other [Page 1110] libraries, and a large number of private collections of the Polish nobility. (1709-PS) Items placed in the second category are of the same nature as those placed in category I. Approximately 500 separate items are catalogued, many of the items including a large number of separate objects treated under a single catalogue heading. (1709-PS) The value of the objects seized from 22 collections is stated to be 9,437,000 Zloty. The materials referred to are only a portion of those selected as being of secondary importance. No valuation is given as to the balance of the items of secondary importance or as to the 521 objects selected as being of primary importance. (1709-PS) D. Evidence That Seizures Were Not Merely for Protective Purposes. In Dr. Posse's report (1600-PS), a number of items are referred to which may be found in the catalogue of art objects "made secure" (1233-PS): "I was able to gain some knowledge on the public and private collections as well as clerical property in Cracow and Warsaw. It is true that we cannot hope too much to enrich ourselves from the acquisition of great Art works, of paintings and sculptures, with the exception of the Veit-Stoss altar and the plates of Hans von Kulmbach in the Church of Maria in Cracow, the Raphael, Leonardo and Rembrandt from the collection Czartoryski, and several other works from the National Museum in Warsaw, *** works of a rather high value of whose existence we in Germany had already known. Richer and more extensive is the Polish stock of 'objects d'art', such as handicraft in gold and silver, of German origin to a large part, particularly from the Church of Maria and the Cathedral of Wawel, tapestries, arms, porcelains, furniture, bronzes, coins, valuable parchment scrips, books, etc. ***" ******* "As I said before, I shall not be able to make proposals regarding the distribution as long as an inventory of the entire material does not exist. However, I should like to reserve for the museum at Linz the three most important paintings of the Czartoryski collection, namely the Raphael, Leonardo and Rembrandt which are at present in the Kaiser- Frederick Museum in Berlin. We in Dresden are particularly interested in the interior decorations of the castle of the Kings in War- [Page 1111] saw since Saxonian architects and artists have created them; therefore, the suggestion is made that the salvaged parts of it (panellings, doors, inlaid floors, sculptures, mirrors, glass chandeliers, porcelains, etc.) be used for the interior decoration of the Pavillion of the 'Zivinges' in Dresden." (1600-PS) The following items listed in the above report are also listed in the catalogue: Item Catalog No. Veit-Stoss Altar 241 Hans Vol Kulmbach Works 22 Raphael 141 Leonardo 134 Rembrandt 81 Church of Maria Handicraft 262-265, 279, 280 From Jagellonic Library 166, 167, 186, 199-203, 206, 209, 212, 215-224 (See 1233- PS, 1600-PS.) Appendix 8 of Document 1709-PS lists a large number of objects which were turned over to Architect Koettgen. The items listed include, in addition to paintings, tapestries, etc., plates, dishes, cups and saucers, vases, cream pitchers, glasses, a bread basket, a service tray, and other items of table service. These objects were turned over to the architect for the purpose of furnishing the Castle at Cracow and Schloss Kressendorf for the Governor. (1709-PS) A number of objects were transported out of Poland and placed in Berlin in the Depot of the Special Deputy or in the safe of the Deutsche Bank (1709-PS). Items at this location are also listed in the catalog (1233-PS) as numbers 4, 17, 27, 35, 42, 45, 47, 51, 138, 141, 145, and 148. Thirty-one sketches by Durer were taken from the collection Lubomierski in Lemberg: "The Special Deputy has personally handed over these sketches in July 1941 to the Reichsmarshal who took them to the Fuehrer at headquarters where they remain at the present time. On express direction of the Fuehrer they will stay in his possession for the time being." (1709-PS) All art objects seized were screened for those which were important from the German point of view: "The Reich-important pieces were collected in a catalogue of the so called 'First Choice'. One copy of this catalogue has been submitted to the Fuehrer who reserved to himself the first [Page 1112] decision as to location and use of the art objects of the 'First Choice' ". (1709-PS) Dr. Muehlmann, the "Special Deputy for the Safeguarding of Art Treasures" in the General Government, has confirmed that it was the policy and purpose of the art seizure program to confiscate the art treasures and to retain them for the benefit of Germany: "I confirm, that it was the official policy of the Governor GeneraI, Hans Frank, to take into custody all important art treasures, which belonged to Polish public institutions, private collections and the Church. I confirm, that the art treasures, mentioned, were actually confiscated, and it is clear to me, that they would not have remained in Poland in case of a German victory, but that they would have been used to complement German artistic property." (3042-PS)
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