[A recess was taken.]

“It also has no other choice because our country depends on the big powers for its supply of food, coal, and industrial raw materials as well as in the re-establishment of its credit and its currency.”

The same point of view was expressed by the two statesmen Seipel and Schober. In Document Number Seyss-Inquart-17, Seipel, regarded as the greatest Austrian statesman, said at that time:

“But we will never believe that the Central European question is solved as long as the great state which virtually makes up Central Europe, the German Reich, is not a party to the solution.”

I want to ask you, Witness, do you still remember the time and the conditions after 1927?

SEYSS-INQUART: On account of the economic situation which you have just described, the League powers again and again forced Austria to make so-called voluntary declarations renouncing the Anschluss. This had repercussions in Austrian domestic politics. The Austrians, who in 1918 had been resolved to have a democratic parliamentary form of government, turned to radical ideas of an authoritarian character.

SEYSS-INQUART: Then there occurred the so-called Palace of Justice fire, an uprising of the Marxists, which brought in its wake the creation of the anti-Marxists Home Guard, a militant organization. Thus uniforms were introduced into the political life of Austria. The controversy between the Marxists and the anti-Marxists became ever more marked. The only nonpartisan organization at that time was the German-Austrian Volksbund, and the Anschluss idea was the only political objective which still held all parties together. Around the year 1930—at least then it was first noticeable—the National Socialist German Workers Party made its appearance.

DR. STEINBAUER: What impression did that Party make on you, particularly with reference to the seizure of power in the Reich?

SEYSS-INQUART: I want to say quite openly that amidst Austrian conditions the Party appeared somewhat strange. Uniforms had, of course, already been introduced into politics by the Republican Guard of the Marxists and the Home Guard, but in the NSDAP even the actual political leaders wore uniforms and marched in close formation. And also the kind of political intransigence which they displayed was not in keeping with our customary political thinking.

SEYSS-INQUART: Well, let me say that the NSDAP did not recognize any value in any other party and was never prepared to co-operate with any other.

DR. STEINBAUER: Then, what positive successes did you think the Party had gained in the Reich?

SEYSS-INQUART: I think that the influence of the Party in Austria—undoubtedly very great as time went on—was due to its unqualified determination to attain the Anschluss. I am of the opinion that the radicalism is to be attributed, for instance, to the negation of the customs union by the Hague decision, to please the democratic party leaders.

DR. STEINBAUER: In addition, were there not economic reasons which brought success to the NSDAP?

SEYSS-INQUART: What was discussed in the Reich, and what we heard from the Reich...

THE PRESIDENT: Defendant, I suppose you are hearing the words spoken by Dr. Steinbauer direct, and you are answering them without any pause, which gives the interpreter no chance.

SEYSS-INQUART: We in Austria observed after 1933 the removal of the discriminations imposed by the Versailles Treaty and above all, the elimination of unemployment in the Reich. In Austria, too, about 10 percent of the population were unemployed at that time. Especially the Austrian workers, therefore, were hoping that the Anschluss would put an end to their unemployment; and Austrian farmers were greatly interested in the Reich Food Estate and in the German market control.

DR. STEINBAUER: If I understand you correctly, then, it was the Anschluss idea which brought you, too, in contact with the Party? I do not want to speak of the Party program, which has been discussed here again and again; but I just want to ask you briefly: When did you join the Party?

SEYSS-INQUART: Officially, I became a member of the Party on 13 May 1938, and my membership number is above 7 million.

SEYSS-INQUART: I met Dr. Dollfuss in the period after the war. I knew that he wanted to take me into his Ministry in 1933; and a week before 25 July 1934, at his invitation, I had a discussion with him.

DR. STEINBAUER: Did you participate in any way in the murder of Federal Chancellor Dr. Dollfuss on 25 July 1934?

SEYSS-INQUART: No, in no way. Dr. Dollfuss planned to have another discussion with me. He was interested in my view regarding the calming of the very radical situation of that time. I told Dr. Dollfuss already at that time that there were no more nationalists in Austria but only National Socialists, and that the National Socialists were acting only on Hitler’s orders.

DR. STEINBAUER: But, I must remind you, Doctor, that the Prosecution have submitted a photograph which shows the murder of Dollfuss being extolled.

SEYSS-INQUART: That is the so-called Annual Commemoration in the year 1938. During that celebration nobody thought of Dollfuss; it was a Commemoration by the Party in honor of the seven SS men who had been hanged in connection with the Putsch attempt at that time. None of us referred to that death as murder.

DR. STEINBAUER: Well, Dr. Schuschnigg succeeded Dollfuss as Federal Chancellor, and I want to ask you: What conclusions were drawn by the NSDAP from this event, as far as you could gather?

SEYSS-INQUART: The NSDAP itself was completely broken up and disorganized, and a small circle of men was formed at that time; I also found my way to those men, and we drew the following conclusions from the events of 25 July:

First, that they represented a considerable danger. I recall the meeting of statesmen in Stresa and their resolutions against Germany. And even though we were never worried about Italy, one had nevertheless to realize that in this very troubled atmosphere anything could easily lead to war. We all agreed that the main task of German policy must be to avoid war.

SEYSS-INQUART: I should like to add that, with regard to domestic policy, the events on 25 July were the worst that could possibly have happened to the prospect of the Anschluss. We reflected on what might be done and came to the conclusion that the Party in the Reich should cease its interference in the Austrian National Socialist Party, the existence of which anticipated the Anschluss; but in return, the National Socialists in Austria should once more receive permission to be active, and especially, there should be elections to ascertain the proportional strength of the parties.

DR. STEINBAUER: What I am interested in is the question whether you had any connections with authorities in the Reich at that time, that is, in 1936?

SEYSS-INQUART: Only, as Reich Marshal Göring has already testified, when I became a State Councillor, did I, for the first time, meet a leading German politician.

DR. STEINBAUER: What was your attitude toward the NSDAP in Austria at that time, when you were State Councillor?

SEYSS-INQUART: When the agreement of 11 July 1936 was reached—without my having taken any part in it—Dr. Schuschnigg, through Minister Klees asked me for my political co-operation. At that time I had particularly close connections with Zernatto, the General Secretary of the Fatherland Front. At the suggestion of Zernatto and his friends I became an Austrian State Councillor and Dr. Schuschnigg gave me the task, in writing, of examining the conditions under which the national opposition could be enlisted to collaborate politically. In order to fulfill that task I did, of course, have to contact the National Socialists, because the national opposition consisted only of National Socialists.

SEYSS-INQUART: The Party in Austria had reorganized illegally; Captain Leopold was the head.

SEYSS-INQUART: I could not come to an agreement with Captain Leopold; he did not understand my policy, but thought that on the basis of the agreement of 11 July Dr. Schuschnigg had to allow the NSDAP again in its earlier form. I think I talked to Leopold only twice, or at most three times, throughout that time. He demanded that I be subordinate to him; that I refused.

DR. STEINBAUER: May I in this connection draw attention to the following documents without reading from them?

Exhibit Number Seyss-Inquart-44, on Page 103 of the document book, an excerpt from the Document Number 3471-PS, Exhibit Number USA-583, already submitted to the Court.

Exhibit Seyss-Inquart-45, on Page 105, Document Number 3473-PS, Exhibit Number USA-581.

And Document Number Seyss-Inquart-97, on Page 109, in which Zernatto expressly states that Seyss-Inquart did not fall in with Leopold’s aims and efforts.

My client has been accused by the Prosecution of having played a double game. As counterevidence, I applied for permission to hear the former Gauleiter Siegfried Uiberreither. He was interrogated here, and I want to quote from the interrogatory, which is Document Number Seyss-Inquart-59, from the counterquestions put by the Prosecution on Page 140:

“Question: ‘Was not the Defendant Seyss-Inquart, before the time when the Nazi Party was legalized, that is, before it was declared legal in February 1938, was he not in constant contact with the illegal Nazi Party of Austria?’

“Answer: ‘No. I personally did not know Seyss-Inquart until his visit to Graz. In Nazi circles he was considered a non-Party member. I think—I do not know with certainty—that he joined the NSDAP only when it was legalized. For this reason, he personally encountered a strong opposition in illegal Nazi circles.’ ”

“Question: ‘Did not the Defendant Seyss-Inquart play a double game: On one side his legal position in Schuschnigg’s Cabinet and on the other side his co-operation with the formerly illegal Nazi Party, whose activity was then legalized to a certain extent through the efforts of the defendant at Berchtesgaden in February 1938?’

“Answer: ‘I do not know to what extent he was in touch with the illegal Nazi circles before 12 February. I do not know about it, because I was not in Vienna. But from 18 February his contact with the Nazi Party was not duplicity but his duty. Schuschnigg himself had discussions with Leopold, the leader of the Nazis at that time—before Klausner it was Leopold.’ ”

[Turning to the defendant.] This brings us to 1938. At the beginning of that year you were State Councillor in the Austrian Government. What did you think of the political situation at that time?

SEYSS-INQUART: In many conversations with Dr. Schuschnigg but most of all in continual discussions with Zernatto, I suggested, in line with the conclusions I had drawn from the events of 25 July 1934, that the Reich, and particularly Hitler, be asked to refrain from any interference in Austrian politics through the medium of the Austrian National Socialist Party. I proposed that instead the Austrian National Socialists should receive permission to resume activities. That did not mean at all that I would give up the Anschluss, but I was completely convinced that a lawful and responsible policy of the Austrian National Socialists in Austria would in the course of time win for them the support of a clear majority of the Austrian nation—I mean of the Germans in Austria; and that the demonstration of such a clear majority would no longer be challenged by the powers of the League of Nations. One had to attempt to make Adolf Hitler agree to such a policy by enlisting the support of the autonomous and independent state of Austria for the Führer’s policy and the demand for equal rights of the German people. It was in the interests of these ideas that I talked to Field Marshal Göring and Herr Hess. I reported the outcome of these conversations to Dr. Schuschnigg and to Zernatto and I recommended the formation of a coalition government by taking National Socialist ministers into the cabinet, on condition that Adolf Hitler offer adequate guarantees. My suggestions made no headway with either of the two parties, but were not directly turned down. Meanwhile, the Austrian National Socialists continued to be active illegally; the police intervened and made arrests; three Austrian concentration camps were set up; in short, the events of that time foreshadowed today’s denazification system.

SEYSS-INQUART: No. But I want to describe how that meeting came about. First of all, a renewed Party radicalism set in. At the beginning of 1938, legitimist tendencies were being promoted in Austria, the laws regarding the return of the Hapsburg property were discussed in the State Council. For the moment my own position, therefore, became untenable; I retired and informed Zernatto and State Secretary Keppler who had been officially nominated by the Reich Government to conduct the political affairs relating to Austria. I felt that in view of my task it was my duty to inform Keppler also. I myself accepted an invitation from the Reich Sports Leader Tschammer-Osten and went to Garmisch-Partenkirchen. There, without previous appointment, I met Herr Von Papen. Each of us poured out his troubles to the other, and came to the conclusion that both parties, that is to say, Hitler as well as the Austrian Government—that is, Dr. Schuschnigg—should be made aware of the fact that a clear decision on the lines of my proposal was necessary. At that time, participation of the National Socialists in the government was certainly discussed. Perhaps the Ministry of the Interior was also a subject of discussion, but my name was definitely not mentioned though it was the obvious one. I received no report on the discussions which Herr Von Papen had with Hitler, but I informed Zernatto of my conversation with Herr Von Papen. Zernatto at that time met me half-way on some questions, in particular with regard to the expansion of those sections dealing with national policy which were concerned with the National Socialists; and for this purpose he also placed means at my disposal. It was on 10 February, I think, when I heard through the group of my colleagues that Hitler had invited Dr. Schuschnigg to Berchtesgaden. Among the members of my circle were Dr. Reiner, Dr. Jury, Dr. Kaltenbrunner, Langot, and several others.

DR. STEINBAUER: Were you informed of the outcome of the discussions at the Obersalzberg?

SEYSS-INQUART: I was informed of the outcome of this conference only by Zernatto. On the evening of the 11th, before Dr. Schuschnigg left for Berchtesgaden, I had a detailed discussion with him and Zernatto. We agreed to a large extent regarding the appointment of National Socialists—for instance, Jury, Reinthaller, and Fischböck—to certain public functions but not to ministerial positions. I did not broach the subject of a ministerial post, because I did not know how Adolf Hitler reacted to the suggestion which I made to Herr Von Papen. On 13 February Zernatto asked me to see him, and he then told me of the results and contents of the Berchtesgaden conference, which were known to him.

DR. STEINBAUER: In this connection, I want to refer to Document Number Seyss-Inquart-48, Page 111, in which Zernatto states, “I had the definite impression that he”—Seyss-Inquart—“did not until then know anything about the result of the discussion and the contents of the agreement”—of 12 February.

Witness, on the basis of that agreement, you became Minister of the Interior and Police, did you not?

DR. STEINBAUER: On 17 February 1938, with the assignment of establishing connections between Austria and the Reich, or rather of improving them. Did you also have a discussion with Hitler himself?

SEYSS-INQUART: Yes. The agreement at Berchtesgaden on 12 February contained a definite stipulation to the effect that I was to be liaison man between the Austrian Government and the Austrian National Socialists on one side, and the German Reich on the other. The contents of the protocol appeared to me unsatisfactory and even dangerous. There was no doubt at all that my appointment to the Ministry of the Interior and Security served as a notification, if not a signal, for the Austrian National Socialists that they might expect an early realization of their political objectives. In addition they received permission to profess their beliefs; they could wear the swastika and salute with the raised hand. What was not permitted, however, was their organization; that means, my National Socialist friends in Austria had no possibility of getting in touch with the National Socialists in a legal way. This agreement opened the gates without providing for a regular procedure thereafter. Hence, I myself resolved to see Adolf Hitler in order to make sure whether my plan had his approval. I went with Dr. Schuschnigg’s assent and with an Austrian diplomatic passport.

SEYSS-INQUART: I mentioned an incorrect date just now; it was on 16 February that I became Minister and I went to Berlin on the 17th. I talked with Adolf Hitler alone for more than 2 hours.

It was pointed out here by the Prosecution that I saluted Adolf Hitler with the raised-hand greeting. That was permissible under the agreement. But I would ask the Prosecution to admit that during every one of my interrogations I stated that I had emphasized to Adolf Hitler at once that I was an Austrian Minister and as such responsible to Austria. I made some shorthand notes on this discussion on the back of a letter, and a few weeks later I dictated those notes to my secretary. I now want to relate the contents of my talk with Hitler on the basis of those notes. My statements...

DR. STEINBAUER: Witness, will you kindly be as brief as possible; can you do it in headings, perhaps?

SEYSS-INQUART: But this is the most important point with regard to my whole responsibility.

“A condition of Federal Chancellor Dr. Schuschnigg is that I adhere to an autonomous and independent Austria, that I support the Constitution, that is, further development, including the Anschluss, must be based on this. The formation of public opinion in Austria must proceed independently and in accordance with present constitutional possibilities; I must be an active guarantor for Dr. Schuschnigg of the revolutionary way, in the meaning of these statements (Yes), no Trojan horse. The Party and Movement must not adopt a militant attitude against prevailing cultural conceptions. (Yes). No totalitarianism of the Party and Movement; that is, National Socialist ideology to be realized with due appreciation and regard for conditions in Austria; not to be imposed on others by force. The Party as such is not simply to disappear, but to exist as an organization of individuals; no illegal activity, no efforts inimical to the State, everything to be done in a legal fashion, anyone failing to do this, to be locked up.”

“It is not a question of the 25 points. One cannot proclaim a dogma; one must arrive from the pan-German and the national German conception to a National Socialist one.”

That was the gist of my conference with Adolf Hitler on 17 February, from 12 to 2:10 o’clock.

MR. DODD: Mr. President, I understood the witness to say that he made his notes on the meeting with Hitler and later dictated them to his secretary. It is not clear to me whether he was reading from those notes. Furthermore, we have never seen such notes and I think it should be made clear on the record.

THE PRESIDENT: Defendant, you heard the question I asked; have you got the notes?

SEYSS-INQUART: The original of these notes was among my files in Vienna. I made an application to have these files of mine, which were found, searched for the notes. I handed a copy of the notes to the Prosecution during one of my first interrogations; it is in the files of the Prosecution. I have only copies here; I do not have the original.

DR. STEINBAUER: Number Seyss-Inquart-61, otherwise it would be confused with the others.

MR. DODD: Mr. President, I am confused about this; I still do not understand, and I am sure that my colleagues do not. We have never received any copy of any notes that this defendant has claimed he made soon after, or at the time of, his conference with Hitler. We have no such copy in our files. And I would like to have understood myself whether or not he is now claiming that this copy which is offered to the Tribunal is a copy of this original that he claims he gave to us.

THE PRESIDENT: Is that what you say, Defendant, that the document which you have just handed to your counsel is a copy of the document which you say you produced during your interrogations, which was from the shorthand notes you made at that time?

SEYSS-INQUART: Mr. President, the original notes I made on the afternoon of 17 February. A few weeks later I dictated these notes, which I made in shorthand, to my secretary, who took them down on a typewriter. I had several copies, one of which I presented to the Prosecution during one of my interrogations last summer. I have now given a second copy to my defense counsel. These are copies made from the original notes a few weeks after the conference. The original was in my secret flies in Vienna.

MR. DODD: I wonder if we could learn just who it was to whom this defendant gave these notes? Mr. President, I would like to have some search made for them, and some effort made to find them.

DR. STEINBAUER: Mr. President, the main points of the contents coincide with the voluntary statement, which the defendant...

MR. DODD: I think this is important enough at this point, Mr. President, to clear up. I have the interrogation that I first conducted on this defendant, and it clearly shows that he referred to the notes; but he clearly said at the time that he did not have them, that he left them in a black leather case with other documents in Mondorf, and he asked me if I would make an effort to get them; and I said that I would, and we never have been able to find them, and that is the transcript of the interrogation.

SEYSS-INQUART: May I say that I received them. The black leather case was brought to me here in Court and the notes were in it. I submitted the copy at one of the subsequent interrogations.

DR. STEINBAUER: May I say that Document Number Seyss-Inquart-49, Page 113, is substantially of the same content. The defendant, the present witness, informed Schuschnigg of the substance of that talk; that is evident from Document Number 3271-PS, Exhibit Number Seyss-Inquart-65, on Page 158.

SEYSS-INQUART: He clearly said “yes” to a number of things, but on other points he expressed doubts as to whether the Austrian Government would agree; the principal impression was, however, that this policy seemed feasible.

DR. STEINBAUER: In this connection it has also been alleged that as Minister of the Interior and Police you brought executive power under the control of the Nazis.

SEYSS-INQUART: I should like to leave the main explanation of this matter to my witness, Dr. Skubl. After Dollfuss’ death Dr. Skubl was a special confidant of the Austrian Government and was placed at my side as State Secretary and Inspector General for Security Matters—clearly also to act as a kind of check. I had no objection at all to that and was very pleased to have such an expert at my disposal.

I should just like to mention briefly that all orders of the entire executive came from Skubl. I myself never gave a direct order to the Austrian police. Skubl was given instructions by Dr. Schuschnigg, particularly on 10 and 11 March. I myself did not bring a single National Socialist into the Austrian police.

DR. STEINBAUER: In this connection I want to refer to two documents, Numbers Seyss-Inquart-51 and 52, on Pages 117 and 119 respectively. We have now reached Document Book Number 2. The first is a speech by the defendant as Minister, addressed to his police officials, and the second speech is a radio talk which he gave at Linz.

We now come to the critical days in March. Were you informed of the plebiscite plan of Schuschnigg, and by whom?

SEYSS-INQUART: The day before Dr. Schuschnigg announced in Innsbruck the plan for the plebiscite he called me in and informed me of his plan. I asked him at that time whether the decision was unalterable, and he affirmed that. I expressed my concern that this might lead to difficulties; but I promised him that I would help him wherever I could, either to make the best of this plebiscite or to bring about a suitable outcome—suitable, that is to say, even for the National Socialists. Of course, I had continual contact with the Austrian National Socialists, since I was the liaison man. I spoke at several meetings—Zernatto and Dr. Schuschnigg were informed of that—and recounted what I had discussed with Adolf Hitler or what I had proposed to him. I avoided all possibilities of demonstrations, and as Minister of the Interior also banned such demonstrations. In that connection may I refer to the general ban on public meetings, imposed by me among others, and to the specific prohibition of a demonstration at Graz, evident from the interrogatory of the witness Uiberreither.

SEYSS-INQUART: No. I want to say that on the same evening I was also approached by Dr. Jury who in some way had already heard of the plan for the plebiscite. I did not tell him that I had given my assent to Dr. Schuschnigg, though on account of my function as liaison man as laid down in the agreement of 12 February, I should not have allowed silence to be imposed on me; yet, I did keep silent.

DR. STEINBAUER: I think, Mr. President, this might be a suitable moment for the recess.

[A recess was taken.]

DR. STEINBAUER: We got as far as the plebiscite which Schuschnigg had planned and which then became known. We come now to 11 March. What did you do in the forenoon on that day?

SEYSS-INQUART: I must say first that a day or two before, after consultation with Austrian National Socialists, I wrote a letter to Dr. Schuschnigg in which I commented on the plebiscite in an unfavorable way. The reasons were primarily that a real plebiscite result was not guaranteed, because it was not a proper plebiscite within the meaning of the national laws. For example, the plebiscite was not decided on by the Council of Ministers but by the Fatherland Front, that is, by the party; and it was to have been carried out by that party.

It was suggested that the plebiscite be postponed and a proper election with all its legal requisites be held. On the evening of 10 March, in the presence of Foreign Minister Schmidt, I had another detailed conversation with Dr. Schuschnigg; and we agreed that the Government—as well as the provincial governments, and so forth—should include National Socialists, that, in effect, a coalition government should be formed; and in that case the National Socialists would also vote “yes.” Only with reference to the license of the Party, the activities of the Party, were there still differences of opinion. I reported this to the Austrian National Socialists but they were not much interested, because news had come from Berlin that Hitler had rejected the plebiscite. I was told that on the next day I would receive a letter from Hitler.

SEYSS-INQUART: Yes. I received a letter from Hitler by courier. I am almost certain that the letter also contained the draft of a telegram for a march into Austria, but I cannot recall whether the draft of a radio speech was also included in it.

SEYSS-INQUART: After receiving this letter I went with Minister Glaise to Dr. Schuschnigg. We were at the Federal Chancellor’s office at 10 o’clock, and I informed Federal Chancellor Schuschnigg of the entire contents of this letter without reservation. In particular, I pointed out that in case of a refusal Adolf Hitler expected unrest among the Austrian National Socialists and that he was ready, if disturbances occurred, to answer an appeal for help by marching in. In other words, I expressly called Federal Chancellor Schuschnigg’s attention to the possibility of this development.

SEYSS-INQUART: The letter set a deadline, 12 o’clock. As our talk lasted until about 11:30, I asked Federal Chancellor Schuschnigg to give me an answer by 2 o’clock. I know that in the meantime, and also on the previous day, he had taken security measures through Dr. Skubl, of which I had approved. A number of age groups of the Austrian Federal Army were called up, the police everywhere received instructions, and a curfew was imposed in the evening.

SEYSS-INQUART: At 2 o’clock I went to the Federal Chancellor’s office with Minister Glaise. We had a talk with Dr. Schuschnigg; he rejected a postponement. At that moment I was called to the telephone; Field Marshal Göring was on the phone, and the conversation between us is reproduced here under the Exhibit Number USA-76, Document Number 2949-PS.

And then followed demands and concessions. When I told Field Marshal Göring that Federal Chancellor Schuschnigg rejected the postponement, he declared, in the name of the Reich, that he had to ask for Schuschnigg’s resignation, because he had broken the agreement of 12 February and the Reich had no confidence in him. Dr. Schuschnigg was then ready to adjourn, but not to resign. Thereupon Field Marshal Göring demanded not only Schuschnigg’s resignation, but my appointment as Federal Chancellor. During a conference with Federal Chancellor Schuschnigg at 3:30 in the afternoon, the Chancellor said that he would hand to the Federal President the resignation of the whole Cabinet. When I was informed of this, I left the Federal Chancellor’s office, because I considered my function as a middleman concluded in the meaning of the agreement of 12 February; and I did not want in any way to advocate or promote my own appointment as Federal Chancellor.

DR. STEINBAUER: In this connection may I refer to my Exhibit Number Seyss-Inquart-58, Page 134 (Document Number 2949-PS). This is an excerpt from the telephone conversations of Göring; Göring is listening to reports, and Seyss-Inquart is speaking of the relationship between Germany and Austria. It says here: “Yes, he means that Austrian independence will be preserved....”

SEYSS-INQUART: In these telephone conversations it was also suggested that the Party formation, the emigrant Legion, should come to Austria. From the same telephone conversation it is obvious that I opposed this and wanted rather an election or a plebiscite held before the entry of any formation into Austria.

In the course of that afternoon State Secretary Keppler came to Vienna and requested information from me. And so I again went to the Federal Chancellor’s office. Berlin repeatedly asked me to intervene with the Federal President in order to effect my own appointment as Federal Chancellor. I always refused to do that.

SEYSS-INQUART: The Party in Austria began demonstrations. Party members left their houses, filled the streets, and as Party members or sympathizers took part in a demonstration against the system and for the National Socialists, a demonstration which assumed enormous proportions.

SEYSS-INQUART: I had no contact with the Federal provinces but learned quite late during that night or on the next day that there, even on a larger scale than in Vienna, big demonstrations of very large crowds had taken place against the Fatherland Front and for the National Socialists.

DR. STEINBAUER: What attempts did Federal President Miklas make to solve this situation?

SEYSS-INQUART: I cannot say anything about that from my own observation, for until 8 o’clock in the evening no one at all approached me on these matters. No one spoke to me about the Federal Chancellorship; no other possibility of a solution was discussed with me. I heard that the Federal President wanted to make Dr. Ender, of Vorarlberg, Chancellor and me Vice Chancellor. I believe that suggestion would have been completely practicable. But I could not discuss it—least of all with Berlin—because no one had said anything to me about it.

DR. STEINBAUER: And when events reached a climax and Schuschnigg offered his resignation, did you compile a Cabinet list?

SEYSS-INQUART: In the course of the evening it became clear that Federal Chancellor Schuschnigg would resign and that the Reich would not tolerate any other than a National Socialist Government. Therefore, in order to avoid being taken by surprise, I considered it my task to study whom I should take into a Cabinet. The suggestions mentioned in the telephone conversations were not transmitted by me at all. I chose my colleagues quite independently—naturally after consultations with Austrian National Socialists—and they included also people with strong Catholic ties, such as Professor Mengin, Dr. Wolf, and others.

I asked Foreign Minister Schmidt to enter the Cabinet. He asked me for a reason, and I told him: I want to keep Austria autonomous and independent, and I need a foreign minister who has connections with the Western Powers. Schmidt refused, remarking that Federal Chancellor Schuschnigg had introduced him into polities and that he would remain loyal to him.

DR. STEINBAUER: I should like to submit some documents now: Document Number Seyss-Inquart-50, Page 115, from Zernatto’s book on Seyss-Inquart’s position; then, on Page 125, Document Number Seyss-Inquart-54, also from Zernatto’s book, where it says: “...he”—Seyss-Inquart—“no longer has developments in his hands.”

Then Document Number Seyss-Inquart-62, Page 149, in which Zernatto quotes from a conversation with Dr. Seyss-Inquart:

“He says that there are two main points on which he will not compromise. The first is Austria’s independence and the second, the possibility for the conservative Catholic element to develop its own life.”

[Turning to the defendant.] Now we come to a very important question. You then made a radio speech in which you called yourself a Minister, although Schuschnigg had already resigned.

SEYSS-INQUART: The situation was as follows: The resignation of the whole Cabinet was not accepted by the Federal President; and we, including myself, remained Ministers. When Dr. Schuschnigg made his farewell speech, he did not speak of the resignation of the whole Cabinet. He only said, “We yield to force.” Dr. Schuschnigg and Federal President Miklas had agreed at that time that I would not actually be appointed Federal Chancellor, but that with the entry of German troops executive power should be passed to me. Therefore, in my opinion, I was de facto Minister of the Interior and Foreign Minister.

DR. STEINBAUER: The Prosecution assert that you yourself exerted pressure on Federal President Miklas to appoint you Chancellor.

SEYSS-INQUART: I did not see Federal President Miklas at all until 9 or 10 o’clock in the evening, after Schuschnigg’s speech “We yield to force.”

DR. STEINBAUER: I should like to submit to the Court this speech of Chancellor Dr. Schuschnigg of 11 March under Document Number Seyss-Inquart-53, Page 122; in it he says:

“The Federal President has commissioned me to inform the Austrian people that we are yielding to force. Since we are at all costs determined not to spill German blood, even in this grave hour, we have given orders to our Armed Forces to withdraw without resistance, if the invasion of Austria is carried out, and to await the decision within the next hours.”

The Prosecution, Witness, sees evidence of this pressure also in the fact that SS units were called to the Federal Chancellor’s office at that time. What can you say to that?

SEYSS-INQUART: I believe it was after Schuschnigg’s farewell speech, when I saw in the anterooms 10 or 15 young men in black trousers and white shirts, that was the SS. I had the impression that they were doing messenger and orderly duty for State Secretary Keppler and the others. As they approached the rooms in which Federal Chancellor Schuschnigg and President Miklas were, I ordered guards of the Austrian Guard Battalion to be placed at their doors. I may mention that these were selected men of the Austrian Army who according to Austrian standards were very well armed, while these SS men—40 at most—possibly carried pistols. Moreover, 50 steps from the Federal Chancellor’s office were the barracks of the Guard Battalion, with a few hundred picked and well-armed men. If Federal President Miklas and Federal Chancellor Schuschnigg had not been concerned with things other than those which happened in the Federal Chancellor’s office and on the street outside it, they could easily have put an end to this situation by calling out the Guard Battalion.

DR. STEINBAUER: The Prosecution has submitted an affidavit of the Gauleiter of Upper Austria, Eigruber, which states that even before you became a Federal Chancellor, you ordered the seizure of power in the various Austrian Federal provinces.

SEYSS-INQUART: That is completely incorrect, and the Gauleiter of Upper Austria also does not claim to have talked to me. I believe he says that he had received a telegram signed by me. I did not send a telegram, and I did not give oral instructions to any Gauleiter or to anyone else for the seizure of power.

Later I heard from Globocznik that he had carried out the seizure of power. He told me of that in these words: “You know, I seized power for you and acted as the government; but I did not tell you anything about it, because you would have been against it.”

DR. STEINBAUER: You say you would have been against it. Was the population against it, too, against the marching in, which had meanwhile taken place, that is, the invasion as described by the Defendant Göring?

SEYSS-INQUART: One cannot call it an invasion; it was a stormy, loudly cheered entry of German troops. There were no villages—even those with an orthodox Catholic population—and no workers’ districts which did not burst out in stormy jubilation. Moreover, both Dr. Schuschnigg and I were completely clear about this; once in 1937 he had agreed with me when I said that the entry of German troops into Austria could not be impeded by anything but the ovations of the population.

DR. STEINBAUER: In this connection I should like to refer to a Document Number Seyss-Inquart-37, Page 86. This is a quotation from the book by Sumner Welles, The Time for Decision, describing a conversation between him and the Italian Foreign Minister, Count Ciano, and it says: