7 Jan. 46
1935, published in 1935 Reichsgesetzblatt, Part
I, Page 1370. This prohibited "Organs of Church Leadership" in
the Evangelical churches from filling pastorates, engaging clerical
assistants, examining and ordaining candidates of the state churches,
visitation, publishing of the banns, and collection and administration
of church dues and assessments.
This series of laws culminated on June 26, 1937, in Document Number
3439-PS, the "Fifteenth Decree for the Execution of the Law for
Security of the German Evangelical Church," dated June 25, 1937,
published in 1937 Reichsgesetzblatt, Part I, Page 697. By this,
the Reich Minister for Church Affairs, Kerrl, established a finance
department for the churches to supervise the administration of all
church property, the budget, and the use of budget funds and to regulate
salaries and allowances of officials, clergy, and employees. Thus,
before the outbreak of the war, the Nazi conspirators had the
Evangelical churches tied hand and foot physically and administratively,
if not spiritually.
Against the Catholic Church with its international organization the
Nazi conspirators launched a most vigorous and drastic attack —
again at first, however, cloaked under a mantle of co-operation and
legality. A concordat signed by the Defendant Von Papen, one of the
foremost Catholic laymen in, Germany, was concluded between the Reich
Government and the Vatican on July 20, 1933. It is printed in the 1933
Reichsgesetzblatt, Part II, Page 679 to Page 690, and contained
in Document Number 3280 (a)-PS. I ask the Court to take judicial notice
of it. I quote Article 1:
"The German Reich guarantees freedom
of profession and public practice of the Catholic religion.
"It acknowledges the right of the Catholic Church, within the
limit of those laws which are applicable to all, to manage and
regulate its own affairs independently and, within the framework of
its own competence, to publish laws and ordinances binding on its
members."
Other articles
which, being matters of common knowledge, I assume need not be read into
the record, formulated basic principles such as freedom of the Catholic
press, of Catholic education, and of Catholic charitable, professional,
and other organizations.
The proposal for the concordat came from the Reich, and not from the
Vatican. I refer to Document Number 3268-PS, Exhibit Number USA-356,
excerpts from the Allocution of Pope Pius XII to the Sacred College on
June 2, 1945, already read into evidence. I quote from Page I of the
English mimeographed excerpts, Page 1 of the German translation, third
paragraph, which has not previously been read, "In the spring of
1933 the German Government asked the Holy See to conclude a concordat
with the Reich."