One Hundred and Eighty-Second Day:
Friday, 19th July, 1946
[Page 160]
THE PRESIDENT: I think it is possible for the Tribunal to
become acquainted with the history of Austria without having
it read to them as a part of your argument.
Up to now there has been nothing in your twenty pages but
history of Austria.
DR. STEINBAUER: Mr. President, I beg your pardon; I consider
it essential to portray the background in Austria which
influenced my client. I have now finished, and I shall pass
on to the facts.
[Page 161]
But let us return to Austria. I have already pointed out in
the presentation of evidence that in my opinion there were
three reasons for the Anschluss, and I have also attempted
to reinforce these by the documents submitted, to which I
now refer.
1. The economic distress.
2. The disunity resulting from this.
3. The conduct of the Great Powers towards Austria,
especially during the critical days of March,
1938.
Dr. Karl Renner, the federal president of the Austrian
Republic, who enjoys the confidence of the four occupying
powers, and on whom the entire Austrian people look with
respect because he took the helm of the ship of State for
the second time in a period of dire distress, described the
history of the Anschluss very aptly in his memorandum in
1945:
"But it was not this political reason that decided the
masses. Austria is a mountainous country with much too
little arable land, a country with an entirely one-sided
economic structure. Its capital alone sheltered a third
of the population, its industry was able to maintain a
large part of the people only by working for Austria's
neighbours, receiving from them raw materials and bread.
The sudden separation of the highly agrarian parts of the
previously uniform tariff territory of the Danube
Monarchy, and the measures of the successor States in
1918, introducing high protective tariffs, deprived the
country simultaneously of its food sources and its export
territories. The fear of not being able to feed
themselves and of not being able to find work at home,
the sudden limitation of the labour market, were the
factors which in 1918 made the Anschluss appear to almost
everybody as the only possible solution. One cannot talk
about the national Chauvinism of the Austrian working
class, because a large percentage of this class derived
from parents of non-German blood who had hardly lost
their ties with the homeland. The overwhelming
competition of the Reich German and Czechoslovakian
industry loomed menacingly before the workers of all
trades in this small country, cut off from the sea and
poor in raw materials, and made it afraid that it would
not be able to stand up against this competition. Not
until we understand the economic situation can we
understand the Anschluss movement, and why it was that
Hitler's boastful announcement that he had done away with
unemployment made such a deep impression on the Austrian
working class, and why the will to resist the Anschluss
was so weak within this working class at the beginning
...."
By the decision of 5th September, 1931, the Permanent
International Court at the Hague declared the contemplated
customs union between Germany and Austria incompatible with
the Geneva Protocol of the 4th October, 1922, by 8 votes to
7. This was the last attempt of the governments to achieve a
closer mutual constitutional relationship with the express
agreement of the victorious powers. It failed. Was not the
conviction bound to arise in the minds of fanatical
Anschluss, partisans that this supreme national aim could
only be achieved through their own initiative?
A year later Austrian foreign trade showed a deficit of 613
million schillings. On the 15th July, 1932, Dr. Dollfuss
concluded a loan agreement in Lausanne on
[Page 162]
Hitler came to power the year after. The Social Democrats
saw their party dissolved in the Reich and the trade unions
smashed; they saw the Reichstag fire and the start of the
persecution of the Jews, and their leaders turned away from
the Anschluss idea. The Catholic circles, who wanted to
strengthen the Catholic element in the Reich by means of the
Anschluss, also turned away because the persecution of the
Church in the Reich had begun; and only the National
Socialists; whose membership had increased tenfold within a
short time, were in favour of the Anschluss. As Dr. Dollfuss
had eliminated Parliament and thereby the way to power by
means of votes, the National Socialists, under the
leadership of Landesleiter Theo Habicht, strove with all
means to gain power in the State. We come to the bloody
events of the year 1934. Dr. Dollfuss is killed by the hands
of assassins and his successor Dr. Schuschnigg attempts to
restore order in the seriously shaken State system. The
Socialists, however, remain sulkily aloof because of the
events in February, 1934. There are changes in the political
situation abroad too. Whereas Italy in 1934 still stood at
Austria's side and Mussolini had deployed his divisions on
the Brenner menacingly against the North, the Ethiopian
adventure had forced Italy to Hitler's side. Austria is
forced to follow the changed course, and in order to improve
the economic situation concludes the agreement of 11th July,
1936. In this agreement Germany recognises the independence
of Austria and stops the economic war. The price for that,
however, is a series of measures which give the National
Socialists in Austria a new boost. In order to extend the
small platform of his Government and bring about a real
appeasement, Chancellor Dr. Schuschnigg declares himself
willing to invite also the so-called Nationals to co-
operate. Among these men is the defendant, who then became
Austrian State Councillor in May, 1937. As already
mentioned, the Anschluss idea constituted his political
programme. He never tried to hide this fact. He also comes
from the ranks of the National opposition, a factor which
must not be overlooked. The Anschluss also brought him
nearer to National Socialism and it seems idle to engage in
long investigations to find out at what time he officially
became a member of the Party. Among the documents
confiscated when he was arrested was his membership card
with the number above 7,000,000. The witnesses Gauleiter
Rainer and Uiberreither confirm the statements concerning
his Party membership. When, after taking office, the new
State Councillor paid his first visit to the Fuehrer's
deputy, Hess, the latter was very polite but cool and
expressed his regret that Seyss-Inquart was not an old
fighter. The task of Dr. Seyss-Inquart was to supervise the
execution of the July agreement and to act as a mediator
between the Austrian Government on one hand, the National
circles on the other hand, and the Reich. It was a thorny
and unthankful task. The Austrian patriotic circles
(Vaterlandische Kreise) could not forget the terror methods
of the National Socialists during the Dollfuss period. The
National Socialists, headed by Captain Leopold, were not
satisfied with the methods of the National representative
Seyss-Inquart in his dealings with the Government. Between
these two men there were constant differences of opinion
which went so far that Seyss-Inquart wanted to give up the
task entrusted to him, namely to bring about an agreement.
To save time I refer in this connection to Documents 44
(letter from State Secretary Keppler to General
Bodenschatz), 45 (Goering's telegram to Keppler) and 46 (USA
704) of my document book. There were continuous violations
of the July agreement, and the Austrian Police found the
plan for a revolution known as Tavs Plan, which was an
attempt to overthrow the Government by violence. Minister
Guido Zernatto has declared that the defendant kept himself
aloof from all these enterprises. Then came the conference
of 12th
[Page 163]
And now, let us come back to the defendant. He was not only
a Government member, he was the confidant of the National
opposition and guarantor answerable to the Reich for the
Berchtesgaden agreement. When the prosecution charges him
with having given Schuschnigg his word of honour about the
election and having failed to keep it, that is not correct.
Let us refer to the speech made by Gauleiter Rainer on the
11th March, 1942, to the Berlin Party members. On Page 12 of
this document, 400-PS, it is disclosed that Zernatto's woman
secretary was a secret member of the NSDAP and betrayed the
plebiscite plans to her co-members as soon as she came to
know of them. Rainer says we already knew the whole plan at
11.30 p.m. that same evening.
[Page 164]
(A recess was taken.)
DR. STEINBAUER: The protest against the plebiscite made to
the Chancellor by Seyss-Inquart in the name of the Nationals
was entirely justified legally. Apart from the fact that
there could be no guarantee for a proper vote at such short
notice, the vote itself was not constitutionally legitimate.
Article 65 of the Austrian Constitution of 1st May, 1934,
specifies exactly under what circumstances the nation can be
called upon to vote. Dr. Schuschnigg, therefore, bases his
proclamation of the election on Art. 93 of the Constitution
which article merely says generally: "The Federal Chancellor
determines policy."
The Austrian Patriotic Front (Vaterlandische Front) i.e.,
the political organization had the task of carrying out the
election. The subsequent developments are well known,
particularly the events of the 11th March, 1938. The main
charge in respect of the conspiracy is, I take it, that
Seyss-Inquart caused the entry of the German troops by his
telegram about alleged unrest. We find this historical lie,
which has brought the defendant the name of "Judas of
Austria", in the story of the Anschluss. We find this
historic lie, for instance, in Raphael Lemkin's Axis Rule in
Occupied Europe (page 109). We find it again in the opening
speech of the American Chief Prosecutor, Mr. Justice
Jackson, although it is incontestably proved by the
submission of Goering's telephone conversations (2449-PS),
in connection with Goering's testimony, that this telegram
was never sent and, what is more, was dictated and addressed
to a third party, at a time when the German troops had
already received the order to cross the frontier.
Consequently, these telephone conversations of Goering
represent an historical document of the greatest importance.
Rainer's speech in Carinthia and his testimony as a witness
before the Tribunal also give the lie to the charge that
Seyss-Inquart participated in the seizure of power.
According to this document (4005-PS) it was Globotschnigg
who wrongfully used the telephone in the Federal Chancellery
to give the alarm to the Federal States. Appointed Federal
Chancellor by virtue of Schuschnigg's withdrawal under
duress, the defendant discusses the constitution of the
Cabinet, invites the Ministers to enter it and takes the
retiring head of the Government home in his own car.
When it is further learned from the testimony of the witness
Stuckart and Glaise-Horstenau under what circumstances the
law of annexation came into being, then it can, indeed, be
said that Zernatto was right when he wrote that Austria was
conquered, in his opinion, even against the wishes of Seyss-
Inquart and his Government. I refer to Exhibit No. 63.
Whoever, therefore, dispassionately surveys the whole set of
events of March, 1938, relative to the Anschluss, and
examines particularly the part played by the defendant, can
only come to the conclusion that one cannot really speak of
a carefully thought out "conspiracy" for the perpetration of
a crime by co-ordinated stages. Where Austria is concerned,
however, the Englishman Goyde is right when he says the
curtain fell on the Tragedy of Austria when the troops
marched in. It was to rise again soon on a new play: The
Martyrdom of Austria.
On 15th March, 1938, Adolf Hitler came to Vienna. We have
seen in this courtroom the film record of his reception.
Deeply moved, the defendant addressed him as follows:
[Page 165] [
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(Part 9 of 12)
[DR. STEINBAUER continues.] "The political reason why the Anschluss idea got hold of
almost all of Austria at the conclusion of the First
World War lay in the repeated proclamations of the
victorious powers that the war was waged for the right of
self-determination of the nations.
I continue on Page 26.
"I was not present at Berchtesgaden; moreover I was not
in favour of this agreement, because I was always against
any half-measures which would prolong this state of
suspense."
In a sense the Berchtesgaden agreement gave the Nazis in
Austria a free hand to carry on their activities and
propaganda. The 2,000 Party members, released from prison on
the basis of the amnesty, and at least some of the members
who had returned from the Reich, became increasingly active
in the Federal States and sought to bring about a rapid
growth of the Party. Hitler's Reichstag speech of the 20th
February was used by them as a signal for hostile
demonstrations against the Government and thus to bring them
quickly to power. Not only Schuschnigg but also the great
mass of the working class realised how dangerous the
situation had now become. The threatening danger caused them
to sink their differences, and the negotiations between
Schuschnigg and the Socialist labour leaders and the
Christian Trade Unions seemed to provide a guarantee for the
defeat of the imminent attack of Nazism, by uniting all
democratic forces in a common defensive front. Prompt action
was necessary, and Schuschnigg proclaimed his plebiscite.
The whole country awoke from its lethargy. Workers and
peasants were called upon to defend their country, and under
the leadership of Zernatto swift electoral preparations were
made in the factories and in the remote mountain valleys. It
was clear that this attempt of Chancellor Schuschnigg to
veer round and alter course at the last moment could not
fail to call forth the resistance of the National Socialists
in Austria, as well as in Germany. Hitler raved, and
Mussolini's words, when before the election he warned
Schuschnigg that the bomb would explode in his own hand,
unfortunately proved only too true.
"What centuries of German history have striven for, what
untold millions of the best Germans have bled and died
for, the final goal in fierce combat, the only solace in
hours of bitterness, has today been achieved. The
'Ostmark' has comeback to the homeland. The Reich is
restored, the Empire of racial Germans is established."
With these words Seyss-Inquart defined his political aim,
which was and remained the guiding star of his actions.