7 Jan. 46

The present Pope, Pope Pius XII, then Cardinal Pacelli, negotiated and signed the concordat on behalf of the Vatican. As Archbishop Pacelli he had previously been Papal Nuncio in Germany for 12 years.

Relying upon the Nazis' assurances, particularly Hitler's speech of March 23, 1933 above quoted (3387-PS), the Catholic hierarchy revoked its previous opposition against Catholics becoming members of the National Socialist Party. I offer in evidence Document Number 3389-PS, Exhibit USA-566, a pastoral letter, dated March 23, 1933, from the Bishop of Cologne, and I quote from the Völkischer Beobachter for March 29, 1933 Page 2 Columns 2 and 3:
"The Archbishop of Cologne, Cardinal Schulte, announces to the Archdiocese of Cologne a declaration of the Bishops' Conference at Fulda, which states:

"The bishops of the diocese of Germany, in their dutiful solicitude to keep the Catholic faith pure and to protect the inviolable aims and rights of the Catholic Church, have adopted, for weighty reasons during the last years, an attitude of opposition toward the National Socialist movement, through prohibitions and warnings, which were to remain in effect as long and as far as those reasons remained valid.

"It should now be recognized that there are public and solemn declarations issued by the highest representative of the Reich Government — who at the same time is the authoritarian leader of that movement — which acknowledge the inviolability of the teachings of the Catholic faith and the unswerving mission and rights of the Church and which expressly guarantee the full validity of the legal pacts concluded between the several German Länder and the Church.

"Without lifting the condemnation, implied in our previous measures, of certain religious and ethical errors, the Episcopate now believes it can be confident that those general prohibitions and warnings prescribed need no longer be regarded as necessary."
The Catholic Center Party, yielding to these assurances and to, pressure, was dissolved on July 5, 1933. 1 refer to Document Number 2403-PS, already in evidence as part of U. S. Document Book B, an excerpt from Documents of German Politics, the official Nazi publication, a document of which the Court can take judicial notice; and I quote from the last five lines of Page 1 of the English translation, appearing on Page 55 of the original German text, which states:
"Also the parties of German Catholicism which were supposed to be most deeply rooted, had to bow to the law of the New