APPENDIX TWO
NAZI LAWS AND THEIR IMPLEMENTATION
Background of the Einsatzstab Reichsleiter Rosenberg (ERR)
Alfred Rosenberg, Hitler, and Goering were the chief offenders in an intricate, highly organized conspiracy to loot works of art in countries occupied by the Nazis.
Although of German descent, Rosenberg’s father, a shoemaker, was an Estonian subject of the Russian czar. Following his engineering studies in Moscow, Alfred Rosenberg joined the German forces and in 1918 fought the Bolsheviks. He joined the Nazi Party in 1919 and participated in the Munich Putsch of November 1923. In 1933, he became Reichsleiter[2] and head of the office for foreign affairs. By 1934, he was Hitler’s deputy for the supervision of the total spiritual and philosophical indoctrination and education of the NSDAP.[3] In 1937, Hitler gave Rosenberg hitherto unparalleled authority over the art world in Germany. “Cultural-bolshevist” paintings and non-Nordic works of art gradually disappeared from German museums, private collections, and the art market. The Nazis confiscated for their own purpose collections owned by “Jews and other aliens.” As the Nazis increased their sphere of influence, Rosenberg’s authority was expanded to other countries in the East and in the West. Rosenberg was condemned to death by the International Tribunal at Nuremberg on October 1, 1946.
In some of the many documents I captured, there are firsthand accounts of Nazi policies and organizations.
Hitler decreed:
I have therefore directed Reichsleiter Alfred Rosenberg to carry out this task in agreement with the Chief of the Wehrmacht High Command.[4] His staff for the occupied territories is authorized to search libraries, archives, lodges and other Weltanschauung[5] and cultural establishments for relevant material and to have this material requisitioned for the Weltanschauung tasks of the NSDAP, and for future scientific research by the higher educational institutions.
The same regulation applies to cultural treasures which are the property of or in the possession of Jews, which are ownerless, or the origin of which cannot be clearly established.
Directions for carrying out this order in cooperation with the Wehrmacht will be issued by the Chief of the Wehrmacht High Command in agreement with Reichsleiter Rosenberg.
As early as September 17, 1940, Wilhelm Keitel, chief of the High Command of the German armed forces, wrote to the chief of the Army High Command for the Military Administration in Occupied France explaining Rosenberg’s position.
In supplement to the order of the Fuhrer transmitted at the time to Reichsleiter Rosenberg to search lodges, libraries and archives of the occupied territories for material valuable to Germany, and to safeguard the latter through the Gestapo, the Fuhrer has decided:
“The ownership status before the war in France, prior to the declaration of war on September 1, 1939, shall be the criterion.
“Ownership transfers to the French State or similar transfers completed after this date are irrelevant and legally invalid (for example, Polish and Czech libraries in Paris, possession of the Palais Rothschild or other ownerless Jewish possessions). Reservations regarding search, seizure and transportation to Germany on the basis of the above reasons will not be recognized.
“Reichsleiter Rosenberg and/or his deputy Reichschaupt-stellenleiter Ebert have received clear instructions from the Fuhrer personally governing the right of seizure; he is entitled to transport to Germany cultural goods which appear valuable to him and to safeguard them there. The Fuhrer has reserved for himself the decision as to their use.”
So avid were the Nazi potentates to benefit from confiscations that Goering found it necessary to emphasize his own authority in such matters. Only two months later, on November 21, 1940, the Reichsmarschall wrote a letter to Rosenberg for “his personal information, so that no false ideas can arise.”
I should like to inform you briefly as follows, relative to the cultural goods seized in France. I have especially welcomed that, after much vacillation, an authority for the collection of the articles was finally decided upon although I must point out that other authorities also claim to possess power from the Fuhrer; first of all the Reich Foreign Minister [von Ribbentrop], who several months ago sent a circular to all authorities, claiming among other things, power for occupied territory, and stating that the safeguarding of art treasures was his responsibility.
Moreover, the Reich Propaganda Minister [Goebbels] is still also delegated, I believe, to determine the data relative to the cultural goods which once were stolen from Germany and which should now be returned. This, however, pertains mainly to the articles that are found in the possession of enemy museums.
I have promised to support energetically the work of your staff and to place at its disposal that which it could not hitherto obtain, namely, means of transportation and guard personnel, and the Luftwaffe is hereby assigned to give the utmost assistance.
In addition, I should like to call your attention that I have been able to obtain especially valuable cultural goods from Jewish owners. I obtained them from hiding places that were very difficult to find; I discovered these a long time ago, by means of bribery and the employment of French detectives and criminal agents. This activity continues, as does the activity of my foreign exchange investigation authorities in scrutinizing bank vaults. In both cases the results will be communicated to your staff, which will then be required to seize the articles and transport them. I consider the cooperation between your staff and the office in Paris of Herr Thurner [Chief of the Military Administration] as excellent and answering its purpose to the highest degree. . . .
In order that no incorrect ideas arise regarding the articles that I want to claim for myself, and those I already have obtained through purchase and others which I should like to obtain, I wish to communicate to you the following:
(1) I already possess today through purchase and barter perhaps the most important private collection in Germany, if not in Europe. These are works I include in the category of early Nordic masters, that is, the early German, the early Dutch and Flemish, the works of the French Gothic, that is, paintings as well as sculptures.
(2) A very extensive and highly valuable collection of 17th-century Dutch.
(3) A relatively small but very good collection of 18th-century French, and finally a collection of Italian masters.
This whole collection will be housed appropriately in Karinhall and will come later into the possession of the State as my legacy, with the provision that the gallery remain in Karinhall.
The Fuhrer has welcomed my plan, as well as supported it.
In order to complete this collection, I have considered the purchase also of some few pieces from confiscated Jewish cultural goods. This pertains chiefly to masters whose works I did not hitherto possess or works necessary to supplement the collection. I submit these things from time to time to the Fuhrer. The purchase occurs as follows: the objects are examined by a French expert (whose name I have forgotten for the moment) appointed by the government. The purchase sum is paid out to the trustee whom the German state has appointed. Arrangements and discussion concerning its use as well as the use of other sums accumulating in the trust funds will be carried out later. In view of the hundreds and thousands of paintings, this is a very modest percentage. Up to now, there have been about 15 paintings. By the way, I consider this percentage all the more justified, in that through my efforts, which can be proved, I brought out of their hiding places a very large part of the art treasures. As a matter of course, the Fuhrer has reserved for himself the right of decision over the most valuable part of the collection. An extraordinarily large number of objects remains, however, the total of which will apparently run into thousands; these can be employed for the decoration of Party and State buildings as well as for the filling of museums.
Goering implemented this “personal’” letter whenever it suited his purposes. His declaration of May 1, 1941, leaves no doubt as to his instructions.
The battle against Jews, Freemasons and other affiliated forces of opposite Weltanschauung is a foremost task of National Socialism during the war.
I therefore welcome the decision of Reichsleiter Rosenberg to form staffs in all occupied territories for the purpose of safeguarding all research material and cultural goods of the above-mentioned groups, and transporting them to Germany.
All Party, State and Wehrmacht Services are therefore requested to give all possible support and assistance to the Chief of Staff of Reichsleiter Rosenberg's staffs, Reichshaupt-stellenleiter Party Comrade Utikal, and his deputy DRKFeldfuhrer Party Comrade von Behr,[6] in the discharge of their duties. The above-mentioned persons are requested to report to me on their work, particularly on any difficulties that might arise.
Hitler approved the further request of Rosenberg for the
seizure of all furniture of Jews who have fled or those who are about to flee, [authors’ italics], in Paris as throughout the occupied Western territories, to supply furniture, as far as possible, for the administration in the East. . . . Throughout the East the administration found frightful living conditions, and the possibilities of procurement are so limited, that practically nothing more can be purchased.
This was known as Action M and was eventually carried out under the Reichsminister as it assumed such proportions “that it could not be handled by the [Special] Staff of Reichsleiter Rosenberg.” The transactions became so complicated that Rosenberg was virtually writing himself letters. It is somewhat baffling to read that “Reichsminister Rosenberg has promised Reichsleiter Rosenberg’s staff . . . objects seized through Action M.” The Reichsministry itself “took” the responsibility
of offering the following articles seized in Action M to Reichsleiter Rosenberg’s Staff and of delivering them upon request: books, manuscripts, files, and correspondence, as well as valuable art treasures, such as paintings, sculptures and tapestries of particular artistic value, handmade objects of daily use and decorative objects made from metal, wood, glass, or porcelain and especially valuable rugs.
The Army High Command issued a statement noting that:
the seized articles become property of the Reich. Art treasures, precious rugs and similar items are not suitable for use in the East, under conditions prevailing there. They will be safeguarded in France. Since the shipment of the seized property to the East is a transportation problem that cannot be solved at the present time, the sole consideration at present is that of safeguarding for the Reich the furniture in question. The execution of the seizure will be the responsibility of “Staff Rosenberg.”
It was not until I obtained the report of Robert Scholz, Rosenberg’s chief of the Special Staff for Pictorial Art, for work during the period from October 1940 to July 1944, that we knew that 21,903 art objects had been removed from 203 collections. A total of 3,978 inventory numbers were assigned to the world-famous Rothschild collections, which were the first seizures. A list of the seized Jewish art collections is given below, together with a summary of these items.
The basic German principle, often reiterated in the papers they left behind in France, demanded that “these acts of confiscation are to attract as little attention as possible. In the event of repeated questioning by local authorities, the answer should be given verbally that it is a measure of reprisal carried out on orders from higher authority; discussion is to be avoided.”
Fortunately, Hitler’s orders to destroy official documents at the time the Allied armies were invading Germany were not always carried out. There were instances where papers were deliberately preserved and handed over to the Allies. Otherwise I should not have received the following details of seizure, which give us an account of the procedure followed by Nazis:
After the seizure of the most famous Jewish art collections in Paris, all abandoned dwellings of the wealthy Parisian Jews, as well as the warehouses of all shipping firms and many other art depots of emigrated Jews, which were very often camouflaged by French gentiles, were systematically searched by the special staff for pictorial art and very considerable art treasurers were found in this manner. These seizures were carried out on the basis of exhaustive preliminary investigations into the address lists of the French police authorities, on the basis of Jewish handbooks, warehouse inventories and order books of French shipping firms as well as on the basis of French art and collection catalogues. The clearly established Jewish origin of the individual owners was provided in each case in cooperation with the French police authorities and the Sicherheitsdienst [Security Service], as well as on the basis of the political source material of the staff itself.
According to the same system, the seizure of ownerless Jewish works of art was gradually extended over the whole French territory. The investigations of the special staff for pictorial art were often made extraordinarily difficult by proven sabotage by French authorities, as well as by camouflaging of Jewish possessions by trusteeship of French gentiles covering up for the Jews. In spite of this, Jewish art possessions in the occupied French territories were seized to such an extent as to justify the assumption that, in spite of all opposition and camouflaging, the most important part of the art possessions which had been in the hands of Jews in France, insofar as these had not already been removed before the Occupation, was safeguarded by the staff. The wholesale removal of irreplaceable European art valuables was thereby prevented and the highest artistic products of all European nations assured for Europe.
A seizure record was made for each location, recording the origin of the objects with exact individual data. All seized art treasures were first taken to a collection warehouse at the former Jeu de Paume Museum and then to rooms of the Louvre which had been placed at their disposal. They were scientifically inventoried and photographed by scientific art workers of the special staff for pictorial art and carefully packed there by experts for transport to the Reich. These jobs were especially difficult, since the majority of the collections and individual art objects were taken over without any inventories or indications of origin, and the scientific cataloguing had to be carried out by the scientific art workers of the staff.
Since the beginning of 1943, art seizures of the staff have been extended to include also furniture seizures of the East Ministry, whereby a great number of valuable art works could be seized from individual dwellings and warehouses.
During the period from March 1941 to July 1944, the special staff for pictorial art brought into the Reich 29 large shipments, including 137 freight cars with 4,174 cases of art works.
These shipments were taken to six repositories in the Reich, unpacked and stored with attention to all conservation, air raid and fire protection measures. At the repositories the inventories, which had served in Paris only for identification, were supplemented according to scientific practice, and the results of the scientific cataloguing were recorded on inventory lists and thoroughly indexed. With this scientific inventory of a material unique in its scope and importance and of a value hitherto unknown to art research, the special staff for pictorial art has conducted a work important to the entire field of art.
A restoration workshop equipped with all technical aids was established by the special staff at one of the repositories [Buxheim][7] and has been occupied with the care and restoration of seized articles of artistic value, as well as with their permanent observation at the repositories. Several hundreds of the works of art that had been neglected by their Jewish owners or had earlier been inexpertly restored were restored in this workshop and their preservation assured.
In addition, all seized articles of artistic value were photographed by the photographic workshop of the special staff and included in a film library. Thereby not only the identity of each individual work of art was recorded, but also material of permanent value for study and publication in the field of art was created.
Einsatzstab Rosenberg Statement of Looting in Paris
Reichsleiter Rosenberg’s Staff
Special Staff for Pictorial Arts
St. Georen/Attergau
Kogl 1, 14 July 1944
Enumeration of seized works of art, according to the inventory lists received up to July 13, 1944, from 203 locations.
The most important collections are:
I. Rothschild with 3,978 inventory numbers
II. Kann with 1,202 inventory numbers
III. David-Weill with 1,121 inventory numbers
IV. Levy de Benzion with 989 inventory numbers
V. Seligmann Brothers with 556 inventory numbers
The total number of objects is 21,903.
Statement of Art Objects Counted and Inventoried
[I did not add all, only the one with double elements]
Paintings
Oil paintings 3,027
Watercolors 766
Drawings 1,332
Pastels 156
Engravings 4,525
Miniatures—portraits 442
Miniatures—parchments—initial letters 51
Persian miniatures 49
Glass paintings 19
Porcelain—enamels—paintings 455
Reproductions 13
TOTAL 10,890
Sculptures
Bronzes and other metals, including statuettes 29
Marble and other stones 110
Wood 65
Terracotta, clay, and porcelain 74
Medallions and plaques 121
Ivory 3
Wax 3
Plaster 26
TOTAL 583
Furniture
Chests of drawers 241
Clothes presses 33
Writing tables 86
Secretaries 69
Sewing tables 11
Tables 255
Sideboards 5
Cupboards 155
Chairs and sofas 979
Clocks of various types 115
Chandeliers, etc. 277
Miscellaneous 143
Mirrors 21
Consoles 61
Tables 255
TOTAL 2,477 [ 2,451?? With two sets of tables 2706]
Textiles
Gobelins 66
Carpets 291
Cloths 104
Coptic cloths 36
Embroidery, weavings (including fragments) 86
TOTAL 583
Handmade Art Objects
Porcelain (cups, plates, vases) 335
Ceramics (cups, bowls) 252
Faience, majolica 324
Glass 140
Porcelain figures 92
Bronze and other metals 371
Objects of rare metals 189
Articles of daily use 308
Jewelry 243
Coins 844
Weapons 206
Orientalia and exotica 388
Objects with rare gems 74
Other works of art 2,059
TOTAL 5,825
East Asiatic
Sculptures 48
Bronzes to 1500 and later 26
Porcelains and stoneware before 1644 472
Porcelains and stoneware after 1644 101
Clayware 19
Semi-precious gems and ivories 92
Netsuke (Japanese art objects) 68
Paintings 72
Wood carvings 183
Lacquers 27
Folding screens 6
Weapons 31
Miscellaneous 141
TOTAL 1,286
Antiquities
Greek
Sculptures, including reliefs 3
Bronzes, including statuettes 6
Terracottas and other clays 14
Vases, bowls, pitchers 6
Jewelry about 40
Miscellaneous 6
Roman
Sculptures, including portraits 15
Bronzes, including statuettes 19
Clay 1
Jewelry about 83
Miscellaneous 15
Egyptian
Sculptures, including reliefs 20
Bronzes, including statuettes 11
Cut stones 5
Miscellaneous 10
Asia Minor
Reliefs 1
Clay 1
Bronzes, including statuettes 19
Clay 1
Miscellaneous 3
TOTAL 259
GRAND TOTAL 21,903
Remarks: In enumerating engravings in portfolios, the sheets were counted individually.
In bound volumes, the engravings were considered as one number.
Among the “other art works” are also included antiques and East Asiatic miniatures from the Kann Collection, which up to now have received no exact classification.
List of Seized Jewish Art Collections
Andriesse, Hugo Daniel, Brussels.
Arnhold, Hans, 124 Bd. Maurice Barres, Paris.
Arnstein, Hermann, 23 Avenue Leopold II, Paris
Auxente (Pregel), 18 Rue Auguste Vacquerie, Paris.
Bacri, Freres, 141 Bd. Haussmann, Paris.
Baek, H. Fa., 169 Rue St. Charles, Paris.
Braun, Mme. Robert, 23 Avenue Leopold II, Paris.
Brunswicg, Betty, 53 Rue Scheffer, Paris.
Cohn, 3 Rue du General Appert, Paris.
Collorede, Princesse, Garde-Meuble, Paris.
David-Weill, deposits at Chateau Sourches and Chateau de Mareil-le-Gruyon.
Dreyfuss, 8 Rue Elysee, Paris.
Dreyfuss , 63 Avenue Raymond Poincare, Paris.
Dreyfuss , Tours
Elanger, Paris.
Esmond, Edouard, 54 Avenue d’Iena, Paris.
Flavian, Salomon, Westminster Foreign Bank, Paris.
Graupe, Societe Parisienne, 20 Rus de Daix, Paris.
Hahn, 11 Rue Jules Sandeau, Paris.
Halphen, Emile, 18 Henri-Martin, Paris.
Hamburger, Hermann Juan Isaac, last heard of in Holland.
Heilbronn, P., 1 Place de l’Alma, Paris—Credit Commercial de France in Mont-de-Marsan.
Hesse, M. Raymond, Chateau Brissac.
Hirsch, Leo, 64 Avenue Raymond Poincare, Paris.
Hirsch, Mme Vve. Louis, deposit in safe of Banque de France, Paris.
Kalmann, 51 Avenue Foch, Paris.
Kann, Alphonse, St. Germain-en-Laye.
Kapferer, Mme, Chateau Brissac.
Kraemer, Galerie, 46 Rue de Monceau, Paris.
Kronig, Joseph, vault of Credit Lyonnais, Paris.
Langenbach.
Lantz, 16 Rue Greuze, Paris.
Levy, Arthur, 145 Rue de la Pompe, Paris.
Levy, de Benzion, Chateau Dravail.
Levy,-Hermanos, 81 Avenue Victor Hugo, Paris.
Libermann, 3 Rue de Lota, Paris.
Lindenbaum, vault at Chase Safe Deposit Company, 41 Rue Cambon, Paris.
Loewell, Chateau Chambord.
Loewenstein, F., Bordeaux
Lyndhurst, Rue Joseph-II, Brussels.
Merzbach, Jean Paul, 43 Avenue Foch, Paris.
Meyer, Raoul, 34 Avenue Raphael, Paris.
Michel, Georges, 14 Rue Clement-Marot, Paris.
Oppenheimer, Rue Pergolese, Paris.
Perls, Societe Parisienne, 20 Rue de Daix, Paris.
Pierrotet, 9 Rue de Marignan, Paris.
Reichenbach, B., Chateau Chambord.
Reims, 50 Bd. Flandrin, Paris.
Rosenberg, Paul, bank vault, Bordeaux.
Rosenberg, Paul, 2 Rue de la Boetie, Paris. [combine?]
Rosenberg-Bernstein, Bordeaux. [was out of alpha order]
Rothschild, Alexandrine, 2 Rue Leonardo-da-Vinci, Paris.
Rothschild , Catherine, 3 Rue Michel-Ange, Paris.
Rothschild , Edmund de, 5 Rue de la Terrasse, Paris.
Rothschild , Edouard, 2 Rue St. Florentin, Paris
Rothschild , Henry, Chateau Vaux de Cernay.
Rothschild , James, deposits at Banque de France, Paris, and 6 Avenue Napoleon, Compiegne.
Rothschild , Meurice, Chateau Ferrieres.
Rothschild , Philippe de, deposit at Societe Generale, Arcachon, near Bordeaux.
Rothschild , Robert, Chateau Laversine, near Chantilly.
Sauerbach, 14 Rue Jules Clarty, Paris.
Seligmann, 90 Rue de la Faisanderie, Paris.
Seligmann, Andre, Arnold, and Jacques, Rue du Faubourg St. Honore and 9 Rue de la Paix, Paris.
Simon, Hugo, 102 Rue de Gravelle, Paris.
Spiro, Eugene, 31 Rue de la Faisanderie, Paris.
Stern, Caroline, Chateau de Vilette, near Pont St. Maxence.
Strauss, Emile.
Strauss, Walter, 12 Rue Raynouard, Paris.
Talma, 27 Avenue Foch, Paris.
Unger.
Voronoff, George, 155 Bd. Haussmann, Paris.
Watson, M., Banque Nationale pour le Commerce et l’Industrie, Paris.
Weil-Picard, 66 Avenue Victor Hugo, Paris.
Weinberger, Alfred, Bank vault, Morgan & Co., Paris.
Wertheimer, Paul 39 Avenue Foch, Paris.
Wildenstein, Elizabeth, 23 Rue de Berry, Paris.
Wildenstein, Georges: 57 Rue de la Boeti; Chateau de Moyres, near Angers; Chateau Sourches.
Wildenstein, Lazare, 57 Rue de la Boetie, Paris.
Wolff, 5 Rue Marcel Loyau, Boulogne-sur-Mer.
I obtained the documents quoted above from Dr. Gunther Schiedlausky and Bruno Lohse (see p. XXX 189). Mimeographed translations were prepared by the Adjutant General Section, Headquarters Seventh Army, dated May 19, 1945.
[2] In the Nazi hierarchy, a Reichsleiter reported directly to Hitler.
[3] Nationalsozialistische Deutsche Arbeiterpartei (National Socialist German Workers Party, or NSDAP), the full name of the Nazi Party. Originally, the abbreviation was used in Germany as a derogatory term and is now generally used in English.
[4] The Nazis used the term “Wehrmacht” to refer to the unified military command consisting of the army, navy, and air force.
[5] Weltanschauung can be literally translated as “worldview.” In this context, however, it evidently refers to the Nazis’ warped version of earlier German philosophical theories, as promulgated by Rosenberg, based on a supposedly infallible leader and hatred of Jews. You are correct about the definition. In the context of the sentence I think the relevant phrase is “OTHER Weltanschauung and cultural establishments” (emphasis mine). I believe the word here is being used as a modifier (“other worldview- and cultural-establishments”) and connotes salons, cafes, and similar places where discussions of life, politics, and philosophy occur. I hope my reasoning is not forced, but in the context nothing else makes sense. I think it is notable that the word is singular (Weltanschauung) rather than plural (Weltanschauungen), whereas all the other locations are plural. The fact that the translator of the 1950 book left the word in German despite translating the rest of the paragraph suggests that s/he also was unclear how it functioned in the context of the sentence. The subsequent use of the word in the paragraph (“Weltangschauung tasks”) also suggests that the word is being used as a modifier and not as a head noun. SF
[6] This is presumably the same von Behr mentioned at the beginning of Chapter 6 as the “most despised of all Germans implicated in the confiscation of works of art in France.”
[7] The author describes the modest proportions of the ERR’s conservation workshop at Buxheim in Chapter 6.