862.00/3043
The Ambassador in Germany (Dodd) to the Acting Secretary of State
[Received August 8.]
Sir: In continuation of despatch No. 7 of July 17, 1933,50 I have the honor to report that considerable speculation was aroused by the news of a secret meeting last week of the Prussian Cabinet on the Island of Sylt, in the North Sea, where Captain Göring, the head of the Prussian Government is spending his vacation. No less sensational was the urgent meeting in Berlin on the following day, to which Göring summoned all the Prussian public prosecutors, police chiefs, presiding judges of the provincial high courts, local heads of the secret police, and the senior commanders of the S.A. and the S.S.
On his arrival in Berlin, by airplane, Göring said he was determined to intervene “with an iron hand” against the enemies of the State. The laws and regulations announced soon thereafter showed that the Prussian dictator meant what he said, though it was not clear as to who besides the Communists were the enemies of the State that he had specifically in mind. It was evident, however, that something unusual was going on.
Göring’s measures clearly reveal two distinct purposes. On the one hand, they provide the death penalty or long terms in the penitentiary for attacks or even plans for an attack upon members of Hitler’s Brown Army and the Stahlhelm for subversive activity and dissemination of “atrocity propaganda”; on the other hand, they seem to be clearly directed against rebellious elements within the Nazi ranks.
Though the first purpose is especially stressed, the impression is inescapable that the unruly elements in the Nazi Party constitute the primary motive for Göring’s action, and that the measures against the Communists—who are hardly in evidence as all of their leaders are in concentration camps—are perhaps only camouflage to conceal the embarrassing fact that the Nazi leaders have to combat rebellious elements in their own ranks.
Göring’s extraordinary measures, which he expounded at a press conference in Berlin, are in substance as follows:
- 1.
- A law revoking the existing Article of the Prussian Constitution whereby amnesties require the approval of the State Diet.
- 2.
- An order by Captain Göring transferring the right of pardon assumed by himself to the Prussian Minister of Justice, with respect to penal offenses committed in connection with the National-Socialist revolution between March 21 and July 15.
- 3.
- An order of the Prussian Minister of Justice constituting a central public prosecutor’s office to deal, in cooperation with the secret police, with political offenses such as attacks on members of the Brown Army, Stahlhelm, and the Police. The dependents of persons convicted for such offenses are not entitled to public financial support such as unemployment relief, poor relief, etc.
- 4.
- An order by Captain Göring to the effect that all such offenses must be tried without delay in order that members of the Brown Army, Stahlhelm, and the Police may enjoy the feeling of “complete legal security.” The order expressly states that now that Hitler has proclaimed the end of the revolution and the constructive work has been begun, all violations of the law will be ruthlessly punished “no matter by whom they are committed.”
- 5.
- A draft bill submitted to the Reich Government, for urgent approval, which provides the death penalty or terms of from 15 years to life in the penitentiary for any person who kills, plots, or instigates to kill, a policeman, a member of the Brown Army, or Stahlhelm; or who brings into Germany foreign periodicals or pamphlets with political content, which may be regarded as treasonable in the sense of existing decrees or as violations of the regulations proscribing certain associations and organizations, or of the law forbidding the formation of new parties.
At the press conference Göring explained, that on the basis of this bill the death penalty could be inflicted for the dissemination of “atrocity propaganda”. He stressed the fact that by virtue of the Prussian amnesty bill he not only had the power of pardon, but could also quash proceedings in cases where he was convinced that the offender had erred against the letter of the law, but only in order to help further the “national revolution”.
It will be recalled that on the occasion of the meeting of the Reichstag in Potsdam, an amnesty was proclaimed by Presidential Decree of March 21, 1933, for political offenses committed by patriots in connection with the “national revolution.” The new amnesty covers similar offenses committed between that time and July 15, the day on which the authorities apparently consider the revolution as definitely terminated (Dr. Frick’s order proclaiming the end of the revolution was published on July 11). The threat of speedy and severe punishment for offenses committed beyond July 15 is clearly directed against arbitrary actions by members of the Brown Army and other organizations of the Nazi Party.
Only about two weeks ago, a law was enacted prohibiting the formation of new parties. In the light of the latest developments, there can be little doubt now that this law was directed not so much against the defunct political parties as against attempts to split the Nazi Party from within.
[Page 250]An illustration of typical Nazi word-twisting to conceal the true underlying motive for official orders, was an order by Herr Hess, the deputy leader of the Nazi Party, issued at the same time that Göring’s measures were announced. Between the lines of this order one can easily read an admonition to the Brown Army to abstain from further revolutionary activity. In this order Herr Hess said that the “atrocity propaganda” having been proved untrue, for no revolution in the world had been as disciplined as the National-Socialist revolution, the enemies of the Nazis were sending spies into their ranks to instigate their members to mishandle political opponents in order that evidence might be subsequently adduced to make these lies appear true. Members of the Brown Army were therefore urged to hand over to the police anyone who wished to mishandle prisoners or instigated them to do so. Any Nazi “who might fall a victim to the wiles of such provocateurs” would be put into a concentration camp.
On July 25, two days after Göring’s measures were announced, the authorities resorted to another sensational move. At 12, noon, sharp, all automobiles, railroad trains, railroad stations and waiting rooms were searched by the police with the assistance of S.A. and S.S. The trains were searched only during stops at important stations. In less than an hour the search was over. It is estimated that one million men took part in this unusual raid throughout Germany.
Göring’s “iron hand” was felt all over Germany, as the Governments of the other States cooperated with his secret police. Such raids will probably become a frequent occurrence in the Third Reich. In conjunction with the extensive application of the death penalty and trial by summary courts, such raids are, in a way, a form of legal terrorism calculated to nip in the bud subversive activities by political opponents as well as to intimidate the rebellious elements in the Nazi ranks.
According to an official communiqué, the police raid was directed against “Communists and other enemies of the State”. Who are meant by the latter it is not difficult to guess when one recalls Dr. Frick’s stern order proclaiming the end of the revolution and forbidding further revolutionary activity under threat of severe punishment. (See, particularly, last paragraph of despatch No. 7 referred to above).
Respectfully yours,