29 Nov. 45
and they both expressed their joy over the events of the day.
Seyss-Inquart in his speech declared Article 88 of the Treaty of St.
Germain inoperative. I refer to the speech of Seyss-Inquart at Linz
on 12 March 1938, as contained in the Dokamente der Deutschen
Politik, Volume 6, I, Page 144, Number 28-a, of which I ask the
Tribunal to take judicial notice, and which you will find translated
in our Document 2485-PS.
For a view of what was happening in Vienna, I offer in evidence
our Document L-292, telegram 70, American Legation, Vienna, to the
American Secretary of State, 12 March 1938, and I offer it as Exhibit
USA-78. I quote it in full:
"Secretary of State, Washington;
March 12, noon.
"Numerous German bombers flying over Vienna dropping
leaflets 'National Socialist Germany greets its possession, National
Socialist Austria and her new Government in true indivisible Union.'
"Continual rumors small German troop movements into Austria
and impending arrival Austrian Legion. SS and SA in undisputed
control in Vienna. Police wear swastika arm bands. Schuschnigg and
Schmidt rumored arrested. Himmler and Hess
here."--Signed--"Wiley."
The law-making machine was put to work immediately on the task of
consolidation. For all of this material I shall merely refer the
Tribunal to the German sources and to the document number of the
English translation, but I think I need not offer these legislative
acts in evidence but shall merely invite the Court to take judicial
notice of them.
First, Miklas was forced to resign as President. I refer to
Dokumente der Deutschen Politik, Volume 6, I, Page 147, Number
30-b. Our translation is in our Document 2466-PS.
In this connection the Court will no doubt recall Göring's
telephone conversation as shown in Document 2949-PS, that in view of
Miklas' delay in appointing Seyss-Inquart, Miklas would be dismissed.
Seyss-Inquart became both Chancellor and President.
He then signed a Federal Constitutional Law of March 13, 1938 for
the reunion of Austria with the German Reich, which in turn was
incorporated into the Reich Statute of Reunion, passed the same day,
German law. I cite for that the Reichsgesetzblatt 1938, Volume
1, Page 237, Number 21, a translation of which will be found in our
Document 2307-PS.
This Federal Constitutional Law declared Austria to be a province
of the German Reich. By annexing Austria into the German Reich,
Germany violated Article 80 of the Treaty of Versailles,