29 Nov. 45
which provided (by the way, on the Constitutional Law to which I
just referred there appear as signatories the following names:
Adolf Hitler, Führer and Reich Chancellor; Göring,
General Field Marshal, Reich Minister of Aviation; Frick, Reich
Minister of the Interior; Von Ribbentrop, Reich Minister of Foreign
Affairs; R. Hess, Deputy Führer.)
By annexing Austria into the German Reich, Germany violated
Article 80 of the Treaty of Versailles, which provides, and I quote:
"Germany acknowledges and will
respect the independence of Austria within the frontier, which may be
fixed in a treaty between that state and the principal Allied and
Associated Powers. She agrees that this independence shall be
inalienable." (JN-2)
Similarly, the Austrian action violated Article 88 of the Treaty
of St. Germain, which provides:
"The independence of Austria is
inalienable, otherwise than with the consent of the Council of the
League of Nations. Consequently, Austria undertakes, in the absence
of the consent of the said Council, to abstain from any act which
might directly or indirectly or by any means whatever compromise her
independence, particularly until her admission to membership of the
League of Nations, by participation in the affairs of another
power." (JN-3)
This basic Constitutional Law provided for a plebiscite to be
held on 10 April 1938 on the question of reunion, but this was a mere
formality. The plebiscite could only confirm the union declared in
the law. It could not undo Germany's union with, and control over,
Austria.
To illustrate the way in which legal consolidation was swiftly
assured under conditions of occupation of Austria by troops, it is
not necessary to do more than review some of the acts passed within
the month.
Hitler placed the Austrian Federal Army under his own command and
required all members of the Army to take an oath of allegiance to
Hitler as their Supreme Commander. A translation of the pertinent
document will be found in our 2936-PS, and I refer to the instruction
of the Führer and Reich Chancellor, concerning the Austrian
Federal Army, March 13, 1938, Dokumente der Deutschen Politik,
Volume 6, I, Page 150.
Public officials of the Province of Austria were required to take
an oath of office swearing allegiance to Hitler, Führer of the
German Reich and people. Jewish officials as defined were not
permitted to take the oath.