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Historic Churches of New Mexico Today
Historic Churches
of New Mexico Today

Frank Graziano

3
3
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press

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© Oxford University Press 2019

All rights reserved. No part of this publication may be reproduced, stored in

a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
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above should be sent to the Rights Department, Oxford University Press, at the
address above.

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and you must impose this same condition on any acquirer.

CIP data is on file at the Library of Congress

ISBN 978–0–19–066348–3 (pbk.)
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9 8 7 6 5 4 3 2 1

Paperback printed by Sheridan Books, Inc., United States of America

Hardback printed by Bridgeport National Bindery, Inc., United States of America

COVER PHOTO CREDIT:

Cover photograph by Carol M. Highsmith. San José de Gracia Church in Las Trampas,
New Mexico. Courtesy of Photographs in the Carol M. Highsmith Archive, Library
of Congress, Prints and Photographs Division
In memory of truth.
† 2017
PREFACE

I had in mind a book that would focus less on church buildings than
on people in relation to churches—​ parishioners, caretakers, priest,
restorers—​and on what is happening at historic churches today. The themes
that emerged as I pursued this concept included the interactions of past and
present, the decline of traditions, a sense of place and attachment to place,
the church as a cultural legacy, the church in relation to native traditions, re-
sistance to Catholicism, tensions between priests and congregations, mainte-
nance and restoration of historic buildings, and, in general, how the church
as a place and devotion as a practice are important (or not) to the identities
and everyday lives of individuals and communities.
My original intent was to write ten chapters in a standardized format, with
each chapter devoted to a single church. As the project developed, however,
I realized that a limited sample would inadequately represent the scope of
New Mexican church communities and the complexity of the themes that
they evoke. Interrelations and regional clusters of churches also made the
original approach seem unviable. Rather than forcing a consistency that the
project was resisting, I decided finally to allow the nature of the material to
determine the structure of each chapter. Five of the chapters follow the orig-
inal single-​church format and include a visiting guide and “present past” sec-
tion that summarizes a historical event of current relevance. Two chapters
provide interpretive tours of chains of churches, one along the High Road
to Taos and the other along the southern Río Grande, with historical con-
text as necessary. One chapter, on Mora County, treats a group of regional
churches collectively. Late in the project I also added an appendix so that
churches not treated elsewhere in the book could be included at least briefly.

ix
The principal historic churches in Albuquerque and Santa Fe are mentioned
in that selection but are otherwise excluded, in part because information on
these churches is widely available elsewhere. I also confess a rural bias.
My focus is on the “today” of the book’s title, but during the research it
became clear that a measure of history would be necessary to inform and
enhance what we see presently. Consequently I integrated historical nar-
rative as it seemed useful to current understanding, or to clarify matters
that are undertreated or unclear in other sources. I also included a chapter
that summarizes deculturation policies during the Spanish, Mexican, and
American governance of New Mexico and then details conflicts with the
Archdiocese of Santa Fe at Santo Domingo (Kewa) and Isleta Pueblos.
Throughout the book I have avoided the boilerplate history that seems to
me more a baggage of knowledge than a contribution to true understanding.
The range of topics treated in the book required a corresponding range of
discourse—​narrative, descriptive, interpretive, guidebook—​as the occasion
warranted. I allowed myself shifts of register accordingly and tried to keep
the transitions from being too abrupt. At some moments I wanted to capture
experiential qualities and to reproduce their feelings in language.
Unlike my previous books, which each had several hundred endnotes,
in this work I kept the scholarly apparatus to a minimum. The intent of the
brief notes is to acknowledge the sources that contributed to my interpreta-
tion rather than to reinforce an argument or facilitate subsequent scholar-
ship. Eventually I reduced the bibliography to include only works cited in the
notes so that the page space could be used to better purpose.
My approach throughout the research was to read with depth and breadth
in order to establish a context, and then to base the chapters primarily on
interviews with people active at the churches. These informants are identified
by first names only. Rather than guiding the interviews with imposed themes
from the readings or from my own thoughts, I introduced ideas and then
allowed local interests and concerns—​what was important to people at a
given church—​to emerge in the discussions. Once I found a thread I would
pursue it during later interviews, and as new ideas emerged I would pursue
them similarly. My intent for the book as a whole was diversity in content as
well as format, with each chapter treating different themes. Many themes
were common to multiple sites, however, so I consolidated treatment where
it seemed most appropriate and then allowed echoes in other chapters to re-
call and reinforce a given theme.
The book that resulted from this method is largely about the people
I interviewed and the experience of being among them. The research was a
moving opportunity to interact with lives remarkably different from my own.

x | Preface
Ethnography is to a certain degree duplicity—​who you are and who you are
outside your culture—​until ultimately the doubling collapses and you wonder
where that leaves you. I spied on myself within the mysterious sphere where
differences meet and negotiate a relation, and where I saw myself through
others, learned from that, and formed friendships. Mostly I admired people’s
certainty—​their confidence in being who they are—​and I was also moved by
their commitment, humility, and generosity delivered with a human warmth
that I had almost forgotten. I also admired the informants’ insightfulness,
which shamed the empty academic verbiage to which I had assimilated. This
book, more so than any of my others, is written in the point of view of the
people I interviewed.
The churches in the title and throughout the book refer to Catholic
churches. “Pueblo” in the lower case refers to a native village, and in the
upper case to the people, the Pueblo Indians. I use “Indian” as opposed to
“Native American” following local usage at the pueblos, in New Mexico more
broadly, and in the titles of major institutions, such as the Museum of Indian
Arts and Culture and the Indian Pueblo Cultural Center. Racial and ethnic
adjectives—​black, hispanic, native, white—​are used in lower case. Once a
context has been established, I generally refer to Penitentes—​members of la
Fraternidad Piadosa de Nuestro Padre Jesús Nazareno—​as “hermanos” (which
means brothers—​a fraternidad is a brotherhood) or for clarity as “hermanos
penitentes.” These are used in the lower case, as is “penitente” as an adjec-
tive. All roads are designated as “route” to simplify the multiple variations—​
state road, county road, tribal road, forest service road.
The word “mission” has two distinct meanings. One refers to the
Franciscan missions and their churches to convert the Pueblos beginning in
the late sixteenth century. The other meaning is a parish designation for affil-
iate churches: Each parish has a pastor (the priest responsible for the parish)
at a main or mother church, and this pastor is also responsible for one or
more additional churches, known as missions or mission churches, located
elsewhere. I use “mission” in both of these senses, which are clear in context.
Iglesia means church, capilla means chapel, santo and santa mean saint
and are also used in reference to images of saints, and san is an abbreviation
before the names of some saints (San Francisco, San Isidro). To avoid the
unfortunate word reredos, which seems plural in the singular and is awkward
in the plural (reredoses), I use “altar screen” for the painted panels that are
behind altars and sometimes positioned laterally along naves. New Mexican
altar screens are usually comprised of retablos, here meaning images of
saints painted on wood. Bultos are carvings of saints in wood. Santeros and
santeras are people who paint retablos and carve bultos, which is to say make

Preface | xi
images of saints. An encuentro (literally “meeting”) occurs when two saint
images are brought in procession to meet one another, or in another use
when people from a local church come out to meet an arriving pilgrimage or
procession. A mayordomo or mayordoma is a person (or in the plural often a
married couple) designated as church caretaker; the Pueblos also use church
mayor, fiscal, and gaugashti to designate this role. A función is technically the
annual installation of new mayordomos, although the same mayordomos
often continue, and the corresponding mass and celebration are usually on
or near the patron’s feast day. A convento, unlike the English cognate, refers
to the friary or priest’s residence at a mission church. I use “apse” as the ex-
terior rear of the church, “chancel” as the altar area, and “atrium” as the open
area, often walled, in front of a church. There are regional differences in the
use of luminaria and farolito, and the words are sometimes used interchange-
ably. I use luminaria in reference to the (often piñón) bonfires at many night
events, and farolito in reference to the votive candles inside paper bags that
are used as decoration at Christmastime.
It was difficult to standardize accents in the Spanish names of people and
places, because in New Mexico accents are used inconsistently. In the end
I privileged the Spanish to the anglicized spelling and put accents every-
where that Spanish required, with exceptions to follow standard usage or an
individual’s personal preference.
The churches described in this book are predominantly active places of
worship. Visitors are expected to be respectful and abide by posted rules.
Protocols for visiting Indian pueblos are widely available in print and on-
line and are strictly enforced. Many of the religious events that I describe
are not frequented by tourists, and in some cases a visitor might be the
only person present from outside the community. In these circumstances
appropriate behavior is generally reciprocated with a warm welcome. The
dates and times of masses, feast-​day celebrations, openings, and other
events change frequently, and at many village churches masses and feast-​
day events are irregular or being discontinued. Parish and pueblo offices
(and sometimes websites) have current information. Churches at other
times are usually locked, but parish office personnel will sometimes un-
lock a church for visits upon request. At some places a donation or pur-
chase of a raffle ticket is expected in return, and at all historic churches
contributions are needed and appreciated. Often there is a collection box
for this purpose.
In the visitor sections of this book I have excluded all information
that might change periodically, such as phone numbers, event times,
and sources of food and lodging. Simple directions are provided where

xii | Preface
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GPS guidance might be insufficient or inaccessible. Dirt roads should be
avoided when wet, because in many areas of New Mexico the clay content
of dirt clogs tire treads and makes driving feel similar to sledding. Many
dirt (and paved) roads also cross arroyos or dry stream beds that are prone
to flash flooding during upstream storms. It is always best to inquire lo-
cally regarding road conditions.

Preface | xiii
ACKNOWLEDGMENTS

M y greatest debt is to Allison Colborne, director of the Laboratory of

Anthropology Library at the Museum of Indian Arts and Culture in
Santa Fe, for her help and solidarity from the beginning and throughout
the project. Diane Bird, the archivist at the same institution, generously
facilitated contacts and guided me as I found my way. I am also most grateful
to Nicole Kliebert, formerly of Cornerstones Community Partnerships, to
Father Jack Clark Robinson, OFM, provincial minister of Our Lady of
Guadalupe Province, and to photographer John A. Benigno, all of whom
kindly provided help and guidance at various stages of the project.
In Chimayó and along the High Road my research was greatly enhanced
by the help of Father Julio González, Angelo Sandoval, Lorrie García, Ben
and Annette Smiley, my friends and neighbors Clodie François and Barbara
and Weto Malisow, and especially Frank López.
At Laguna Pueblo I gratefully acknowledge Governor Virgil Siow and Tribal
Historic Preservation Officer Gaylord Siow, whose support of the project
made research at the pueblo possible and pleasurable. I am also grateful for
the help and guidance of Antonio Trujillo and Father Gerry Steinmetz, OFM.
At Acoma Pueblo I am very grateful to Second Lieutenant Governor Chris
Garcia and Tribal Secretary Marcus Leno, who kindly guided my navigation
through the procedures for requesting research permission from the tribal
council.
At St. Joseph Apache Mission Father Mike Williams warmly welcomed my
research, and I am especially grateful to Harry Vasile for his friendship and
help throughout my stay in Mescalero.

xv
 In Mora County, Veronica Serna introduced me to the community of
mayordomos and thereafter helped to arrange interviews. Rebecca Montoya
was a great friend throughout my Mora research and thereafter during
many meals and excursions. I am also grateful to Father Dennis Dolter,
who endorsed the project, and for kind assistance along the way from Pete
Warzel, Mac and Kristin Watson, and Gabriel Meléndez.
In Golden, Desiri and Allen Pielhau, of the Henderson Store, very kindly
provided documents, news articles, digital files, and photographs that were
critical to my research. Tom Chávez also generously shared information
based on research he had done in the 1970s. Ron Cooper and the Franciscan
Archives of the Province of St. John the Baptist, in Cincinnati, graciously
provided documents and photographs.
The many people who took the time to talk with me, share their
experiences, and show me their churches have each been thanked person-
ally, but I reiterate my gratitude here formally and for the collective.
I do so likewise for the archivists and librarians who assisted my textual
research, especially Patricia Hewitt, formerly of the Fray Angélico Chávez
History Library. Other collections and institutions that were essential during
the research (in addition to the Laboratory of Anthropology mentioned above)
include the University of New Mexico’s Center for Southwest Research and
Special Collections; the New Mexico State Records Center and Archives;
the New Mexico State Library; the New Mexico State University Library
Archives and Special Collections; the Southwest collections at Taos Public
Library and Santa Fe Public Library; the Ben Lujan Library at Northern New
Mexico College; Our Lady of Guadalupe Province Archives; the Palace of
the Governors Photo Archive; and the Bartlett Library and Archives at the
Museum of International Folk Art.
The sources of photographs are acknowledged in the captions; those
without attribution were taken by me.
I acknowledge an aesthetic debt to the works of Cormac McCarthy, Bruno
Schultz, Gustaw Herling, and Fernando Pessoa.
And finally, to Cynthia Read, my editor at Oxford University Press since
1998, I express again my enduring gratitude.

xvi | Acknowledgments
 1 Santuario de Chimayó
Life is a journey and you choose to be a pilgrim or a tourist.
—​Father Julio

S
ome come wounded by disease, by addiction, by broken hearts or
even simply besieged by the malaise of emptiness and loss of hope
and by human frailty in quest of some durable meaning. I’m not sure
why I’m here. Maybe in repair from the normalized insanity that makes your
footing wobble and your background recede until you stand alone stranded
with hands on your ears but still feel the tremble inside your body.
An old man with a red cap in his hand limps with a cane toward the Santo
Niño de Atocha. He drops some coins in the box, looks at the kneeler to cal-
culate the challenge, and kneels slowly, favoring one leg, really more of a
genuflect, and after a wince of pain and gravitational surrender he settles and
signs himself with the cross. The Santo Niño is enshrined in a nineteenth-​
century confessional booth painted white, with holes drilled more or less
in pattern to form an imperfect circle on the sides. The front, at the top,
above the praying man’s head, has a disproportionate pilgrim’s shell carved
in wood. As the man prays a family passes behind him to gather holy dirt in
the room just beyond. Through the doorway you can see a circular hole in
the floor and trowels at angles in dirt toplit to dramatic effect. The mother
shovels a heavy load into a Walmart bag and the family leaves—​there didn’t
seem to be prayer involved—​just as bus tourists wearing nametags approach
behind a guide with an umbrella. Hats, backpacks, and phone cameras
mobilized by new sneakers bought for the trip.
Chimayó, where the santuario (the Spanish word for shrine) is located,
is a composite of several settlements, historically known as plazas. The
santuario was built in the Plaza del Potrero, which consequently evolved to

Historic Churches of New Mexico Today. Frank Graziano, Oxford University Press (2019).
© Frank Graziano. DOI: 10.1093/oso/9780190663476.003.0001
become the epicenter of Chimayó as it is known today. The nearby Plaza
del Cerro is one of the few remaining remnants of the fortified plazas that
were built to settle rural New Mexico. Chimayó is in a valley at the base of
one of four regional hills that were sacred to the Tewa prior to conquest. In
Tewa the hill is known as Tsi Mayo, from which the hispanicized place name
was derived. There are several native ruins in the area, and many residents
believe that what is now holy dirt was once curative water (or mud) used by
the Tewa. Such Christianization of a native healing site or medium occurred
frequently in colonial Mexico, to which New Mexico belonged, usually after
a miraculous apparition. During a smallpox epidemic in Tlaxcala, the Virgin
of Ocotlán led natives from their traditional curative water to a more effective
Christian alternative. That spring is now inside a chapel connected to this
Virgin’s basilica by a walkway.
The Santuario de Chimayó was built after a painted wooden sculpture of
the Christ of Esquipulas appeared miraculously at the site where the holy
dirt is now gathered. This crucifix was discovered around 1810 by Bernardo
Abeyta (1771–​1856), a regional leader of the Penitentes. Construction of the
chapel began around 1813 and was completed in 1816. An 1818 inventory
describes the church’s adjacent rooms as warehouses for local woven goods,
probably stocked there for sale to visitors. The two rooms at the entry—​now
the priests’ office on the left and the Blessed Sacrament Chapel on the right—​
were recorded in a 1934 Historic American Building Survey as “storage” and
“unused,” respectively.
At the time of the santuario’s construction and well into the twentieth
century, the houses in the Plaza del Potrero were residences inhabited by
families that had settled the area. Today many of the houses are shops or
abandoned. Dennis remembered that even some fifty years ago, when he
married into the community, “the houses were occupied, there were kids
playing, dogs. You walk out there today and this is a ghost town.” Originally
the shrine and holy dirt were used by local and then regional residents who
came to seek miracles related primarily to health. As described in a Works
Progress Administration (WPA) report in the 1930s, “Crippled and suffering
men, women and children, sometimes as many as one hundred in a single
day, come to the santuario on foot, horseback, in carriages, wagons or astride
burros.”
Tourists with cars began to arrive early in the twentieth century too, but
the volume was moderated by the difficulty of access. One woman traveled
to the santuario with her husband in the mid-​1930s and later wrote about
the experience. After turning from Española onto what is now Route 76, she
wrote, we “traveled something more akin to a trail, twisting to the right, then

2 | Historic Churches of New Mexico Today

to the left, and with plenty of curves up and down . . . . Sometimes the road
seemed to disappear entirely; there were dips so abrupt that the up-​coming
sensation was breath-​taking; rocks were abundant and once, for a consider-
able stretch, our way apparently lay straight up the dry bed of a creek.” This
stretch of Route 76 from Española through Santa Cruz was later paved and
recently designated the Father Casimiro Roca Memorial Highway, after the
pastor who was largely responsible for the santuario’s initial development.
Father Roca was intermittently a pastor and priest at the santuario from
1959 until his death in 2015. “When I first arrived,” he wrote, “I found the
structure of the church in danger of crumbling into ruins.” In September,
2017, a statue of Father Roca, sculpted by Marco Oviedo, was installed on the
santuario grounds.
Route 98 was another dirt lane across difficult terrain until it was paved
around 1964 through the advocacy of a former county commissioner, Juan
Medina. His son, Leroy, later petitioned successfully to have Route 98 named
Juan Medina Road. The paving of that road greatly facilitated access to the
santuario, because the road intersects on one side with Route 76, which leads
to Española, and on the other side with Route 503, which leads to Pojoaque
and Santa Fe. The paving of Route 98 also contributed to development of

Pat shares a laugh with Father Julio and others during the unveiling ceremony for the
Father Roca statue.

Santuario de Chimayó | 3
the scenic route known as the High Road to Taos, on which the santuario
became a principal stop.
Shortly after these transportation improvements, in 1970, the santuario
was designated a National Historic Landmark. The paved routes, the honor-
ific historic designation, and the growing national reputation as a pilgrimage
shrine dramatically increased visits to the santuario in subsequent decades.
Father Roca and the current pastor, Father Julio, have faced the challenge
of managing a world-​class destination of religious, heritage, and ethnicity
tourism while at once preserving the santuario’s integrity as a center of
devotion.
Many locals lament the erosion of traditional culture that results from de-
velopment and tourism, but times have also changed well beyond Chimayó,
nationally and globally, for better or worse, and insulating a community may
no longer be feasible. Older northern New Mexicans also feel a sense of de-
spair because traditions that have endured for centuries and that seemed
inviolable are now depreciating or are disregarded. Leroy said that religious
values used to hold people back from transgression, as a kind of checking
mechanism, but many young people disrespect these values and feel free
to do as they please. Drug addiction, crime, and incarceration are common
consequences.
Ruben, who like Leroy grew up in Chimayó, made similar points: “They’ve
lost their respect for God,” “there’s no sense of moral values,” “the respect
for one another is no longer there.” He then explained that in his youth “if
you did something bad in school the principal would give you a spanking
with the board of education, and if your parents knew about it you’d get an-
other one. So in a sense you would live with a sense of fear, respect. People
no longer show respect for elders.” Dennis took these concerns in a different
direction when he focused on the secularization of everyday life. “Every
morning my mother-​in-​law and my wife, they’d go to the 7:00 mass, and
all the people around here would go too. But nowadays, my daughters, they
don’t have time to go to church, they have to get the kids ready for school and
go to work.”
The angst of change and cultural insecurity in Chimayó was already ap-
parent to the author of a 1935 report. He wrote that “the people are deathly
afraid for the future. They are certain that something (they are not sure what)
is going to happen to them—​that they are going to lose their land or their
water—​that the Anglos will displace them.” Those feelings were amplified
by relocation to New Mexico of artists, hippies, wannabes, and other youth—​
supplemented later by retirees—​who were distinct in ethnicity, culture, and
values from the original hispanic settlers. As described in a book published

4 | Historic Churches of New Mexico Today

in 1969, an initial culture shock gradually relaxed to acquiescence. “Artists
sitting on a camp stool here and there sketching the santuario is not an un-
common sight, and people of Chimayó have long ceased looking upon them
as odd balls with their long hair, beards, funny clothes for the most part,
and have long since ceased consigning the woman to the home where she
belongs, rearing a family as every good Christian woman should instead of
tramping all over the countryside in men’s clothes and painting pictures.”
There are also regrets for the bucolic past undermined in part by the very
roads that connected Chimayó to the world. As summarized in a Historic
American Landscapes Survey, an older resident who lived along Route 76
before it was paved “used to enjoy watching the herds of sheep that passed
by his house as they were moved from mountain ranches to the market
in Española.” He especially loved “watching the Penitente Brotherhood
file down the road between their moradas through the darkness of Lenten
night.” And “he expressed a deep loss and sorrow that his home is near the
road now. He detests the roar of automobile traffic.”

Esquipulas

The crucifix behind the santuario’s altar is known as Nuestro Señor de

Esquipulas (Our Lord of Esquipulas) or the Christ of Esquipulas. This iden-
tity is derived from a Guatemalan miraculous image, the Black Christ of
Esquipulas, which is named for the town where the statue is located. The
Guatemalan image was sculpted in 1595 and is one of many Black Christs in
the region. Notable others include the Señor de Otatitlán near Veracruz and
the Señor de Tila in Chiapas, both Mexican miraculous images that attract
huge annual pilgrimages. These Christ figures are usually black because of
the dark wood used to sculpt them. Some have been darkened by candle
smoke. Many of these images are crucified on what is known as a living
cross, or tree of life, often green in color and with vines and leaves, to repre-
sent Christ’s triumph over death through resurrection.
As is common in devotion to miraculous images, the cult of Guatemala’s
Black Christ of Esquipulas spread nationally and abroad as pilgrims, travelers,
peddlers, and missionaries reported miracles. Throughout history migrants
have also taken devotions with them to their new places of residence.
Replicas—​presumed miraculous by virtue of their relation to the original—​
are made and new centers of devotion emerge where these replicas are
enshrined. Today devotions to images of the Black Christ of Esquipulas are
in the Mexican states of Aguascalientes, Durango, Guanajuato, Jalisco, and

Santuario de Chimayó | 5
Oaxaca, among others, as well as at several sites in Guatemala, Honduras,
El Salvador, Costa Rica, Nicaragua, Panama, Venezuela, and Ecuador. In the
United States devotions to the Guatemalan Esquipulas are in San Antonio,
Phoenix, and Los Angeles. Unlike the Christ of Esquipulas in Chimayó, these
other US images are in the likeness of the Guatemalan original. Chimayó’s
Christ of Esquipulas holds in common with the Guatemalan original the
name (but not appearance), crucifixion on a tree of life, and the use of holy
dirt (known as tierra bendita or tierra santa) in relation to devotion. There is
another New Mexican chapel dedicated to the Christ of Esquipulas in Los
LeFebres, near Ocaté in Mora County.
Chimayó’s Christ of Esquipulas is one of many not-​ made-​ by-​
hands
images, as they are called in translation of a Greek term. The idea is that
these images are of divine rather than natural origin, sent by God to open a
local, culturally consonant channel to his grace. There are many such images
in Mexico, notably the Christ of Chalma, who appeared miraculously in a
cave to displace a native deity; and the Virgin of Guadalupe, who appeared
miraculously as a painting on Juan Diego’s tilma. Chimayó’s Esquipulas
shares the supernatural origin of these images but not the attributes of alive-
ness and personhood with which miraculous Christs in Spanish America
are commonly endowed. These attributes include corporal vitality and move-
ment, expression of emotion, facial changes, sweating and bleeding, com-
munication with devotees, and acts of volition (such as rewarding devotion
and punishing transgression).

Holy Dirt

A couple of tourists bow their heads as they walk through the low doorway
from the chancel, and when the man’s head rises on the other side he looks
to his right and says, “There’s the dirt. I wonder if there’s bags or some-
thing.” He pulls a tissue from his pocket and the woman finds a holy-​dirt
informational flyer and folds it to a kind of envelope. As they leave happy
with their dirt, a curious—​astonished—​girl follows them with her eyes but
the couple doesn’t notice because their own eyes are in deep reconnaissance
of the photos on the wall, the crutches, the saint images that don’t look back.
Then a family of five approaches and gathers around the hole. The father
makes the sign of the cross with dirt on the children’s foreheads but the
family leaves when a couple of urban bicycle tourists enter, look around
briefly, and then leave too. Another couple in bicycle attire enters behind

6 | Historic Churches of New Mexico Today

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Exploring the Variety of Random
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“The Polish intelligentsia, who have been branded as politicians, and
potential political leaders; the leading economic personalities,
comprising owners of large estates, industrialists and businessmen,
et cetera; the peasant population, so far as it has to be removed in
order to carry out, by strips of German settlements, the encirclement
of Polish territories in the East.”
Next I quote the last paragraph on Page 1 of the English text.
The German text is at Page 8, lines 3-10:
“In order to relieve the living space of the Poles in the Government
General as well as in the liberated East, one should temporarily
remove cheap labor by the hundreds of thousands, employ them for
a few years in the Old Reich, and thereby hamper their native
biological propagation. (Their assimilation into the Old Reich must be
prevented.)”
Finally, I quote from the last paragraph of Page 2 of the English
text. In the German text it is the last 5 lines on Page 40:
“Strictest care is to be taken that secret documents, memoranda,
and official correspondence which contain instructions detrimental to
the Poles are kept steadily under lock and key, so that they will not
some day fill the White Books printed in Paris or the U.S.A.”
Your Honors will recall, from your own experiences, the vicious
propaganda campaigns conducted by Nazi Germany to discredit the
Polish books when they made their appearance in countries friendly
to Poland. The last paragraph of this document which I have just
read gives the lie to that whole Nazi propaganda campaign.
The plans for the deportation of thousands of innocent people,
which are set forth in the document from which I have just quoted,
were not mere theories spun by lawyers. They represented, as the
next three documents to be offered in evidence will show, a program
which was, in fact, ruthlessly executed.
I next offer in evidence Document Number 2233(g)-PS, the Frank
diaries, 1939, from 25 October to 15 December, which is Exhibit
Number USA-302. This document was obtained from the 7th Army
document center at Heidelberg. I quote from the last paragraph of
Page 1, carrying over to the first two lines of Page 2 of the English
text. In the German text the statements appear at Page 19, lines 19
to 28. Defendant Frank stated, and I quote:
“The Reichsführer SS”—meaning Himmler—“wishes that all Jews be
evacuated from the newly gained Reich territories. Up to February
approximately 1 million people are to be brought in this way into the
Government General. The families of good racial extraction present
in the occupied Polish territory (approximately 4 million people)
should be transferred into the Reich and individually housed, thereby
being uprooted as a people.”
I next offer in evidence Document Number EC-305, which is
Exhibit Number USA-303. This exhibit is the top-secret minutes of a
meeting held on 12 February 1940, under the chairmanship of
Defendant Göring, on “Questions Concerning the East.” The
document was found in the captured OKW files. Himmler and
Defendant Frank likewise were present at this meeting.
I initially quote from Page 1, lines 15 to 17, of the English text.
These extracts are found in the front page, lines 1 to 8, of the
German text. The minutes state, and I quote:
“By way of introduction the General Field Marshal”—meaning
Defendant Göring—“explained that the strengthening of the war
potential of the Reich must be the chief aim of all measures to be
taken in the East.”
I next quote the first two lines of the last paragraph on Page 1 of
the English text. The German text appears at Page 2, lines 2 to 4.
“Agriculture: The task consists of obtaining the greatest possible
agricultural production from the new eastern Gaue, disregarding
questions of ownership.”
I next quote from the second paragraph of Page 2 of the English
text. This is at Page 3, lines 22-24, of the German text:
“Special questions concerning the Government General. . . . The
Government General will have to receive the Jews who are ordered
to emigrate from Germany and the new eastern Gaue.”
Finally, I quote the paragraph numbered 2 under Roman numeral
II of Page 2 of the English text. These statements appear in the
German text at Page 4, lines 3-19:
“The following reported on the situation in the Eastern
territories. . . .
“2. Reichsstatthalter Gauleiter Forster”—who said—“ ‘The population
of the Danzig-West Prussia Gau (newly acquired territories) is 1.5
million, of whom 240,000 are Germans, 850,000 well-established
Poles, and 300,000 immigrant Poles, Jews, and asocials (1,800
Jews). There have been evacuated 87,000 persons, 40,000 of these
from Gdynia. From there also the numerous shirkers, who are now
looked after by welfare, will have to be deported to the Government
General. Therefore an evacuation of 20,000 additional persons can
be counted on for the current year.’ ”
Comparable reports were made by other Gauleiter at the
meeting. The figures that were quoted, it may be noted, were only
as of February 1940. The forcible deportations, which are reported in
the exhibits from which I have just read, did not involve merely
ordering the unfortunate victims to leave their homes and to take up
new residences elsewhere. These deportations were accomplished
according to plan in an utterly brutal and inhuman manner.
Document Number 1918-PS, which is Exhibit Number USA-304,
affords striking proof of this fact; and I offer it in evidence. This is a
speech delivered by Himmler to officers of the SS on a day
commemorating the presentation of the Nazi flag. It is contained in a
compilation of speeches delivered by Himmler, and was captured by
the Counter-Intelligence branch of the United States Army. The exact
date of the speech does not appear in the exhibit, but its contents
plainly show that it was delivered sometime after Poland had been
overrun. I quote from the second to the eighth lines of Page 1 of the
English text. In the German text this quotation appears on Page 52,
lines 2 to 10. In this speech Himmler said, and I quote:
“Very frequently the member of the Waffen-SS thinks about the
deportation of these people here. These thoughts came to me today
when watching the very difficult work out there performed by the
Security Police, supported by your men, who help them a great deal.
Exactly the same thing happened in Poland in weather 40 degrees
below zero, where we had to haul away thousands, ten thousands, a
hundred thousand; where we had to have the toughness—you
should hear this but also forget it again—to shoot thousands of
leading Poles.”
I repeat the latter statement:
“Where we had to have the toughness . . . to shoot thousands of
leading Poles.”
Such Poles from the incorporated area as managed to survive the
journey to the Government General could look forward, at best, to
extreme hardship and exposure to every form of degradation and
brutality. Your Honors will recall Defendant Frank’s statement
contained in Document Number EC-344(16), now Exhibit Number
USA-297, which was introduced a short while ago, that the Polish
economy would be reduced to the absolute minimum necessary for
the bare existence of the population.
Your Honors Will also recall Defendant Göring’s directive in
Document Number EC-410, now Exhibit Number USA-298, also
introduced a few moments ago, that all industrial enterprises in the
Government General not absolutely necessary for the maintenance
of the naked existence of the Polish population must be removed to
Germany. A bare and naked existence, by the precepts of the
conspirators, meant virtual starvation.
For the Jews who were forcibly deported to the Government
General there was, of course, absolutely no hope. They were, in
effect, deported to their graves. The Defendant Frank, by his own
admissions, had dedicated himself to their complete annihilation. I
refer Your Honors to the Frank diaries, conference volume, 1941,
October to December, which is Document Number 2233(d)-PS,
which was introduced by Major Walsh earlier as Exhibit Number
USA-281. The particular statement that I want to quote appears on
Page 4, Your Honor, of Document Number 2233-PS. I believe it
appears at Page 77, lines 9 and 10 of the German text. I quote—this
is what Defendant Frank stated, “We must annihilate the Jews,
wherever we find them, and wherever it is possible. . . .”
I turn next to that aspect of the conspirators’ program which
involved the forcible Germanization of persons in the incorporated
area who were deemed to possess German blood. I refer you now,
Your Honors, to the incorporated area, to persons who were deemed
to possess German blood. Such persons, the evidence will show,
were given the choice of the concentration camp or submission to
Germanization. Himmler was the chief executioner of this program;
and initially I should like to introduce a few documents which
disclose the powers bestowed upon him and his conception of his
task.
First, I offer in evidence Document Number 686-PS. This is
Exhibit Number USA-305. This is a copy of a secret decree signed by
Hitler and Defendants Göring and Keitel, dated 7 October 1939,
entrusting Himmler with the task of executing the conspirators’
Germanization program. This particular document came from the
ministerial collection center at Kassel, Germany. I quote from Page 1,
lines 9 to 21 of the English text. In the German text these extracts
appear at Page 1, lines 13 to 25:
“The Reichsführer SS”—that was Himmler—“has the obligation in
accordance, with my directives:
“1. To bring back for final return into the Reich all German nationals
and racial Germans in the foreign countries.
“2. To eliminate the harmful influence of such alien parts of the
population which represent a danger to the Reich and the German
folk community.
“3. The forming of new German settlements by resettling and, in
particular, by settling the returning German citizens and racial
Germans from abroad.
“The Reichsführer SS is authorized to take all necessary general and
administrative measures for the execution of his obligation.”
Himmler’s conception of his task under this decree is plainly
stated in the foreword which he wrote for the Deutsche Arbeit issue
of June-July 1942. The foreword is contained in Document Number
2915-PS, now Exhibit Number USA-306. I quote from the first four
lines of the English text. The German text appears at Page 157:
“It is our task”—Himmler wrote—“to germanize the East, not in the
old sense—that is, to teach the people there the German language
and German law—but to see to it that only people of purely German,
Germanic blood live in the East. Signed, Himmler.”
I next offer in evidence Document Number 2916-PS, which is
Exhibit Number USA-307. This document contains various materials
taken out of Der Menscheneinsatz of 1940, a confidential publication
issued by Himmler’s office for the consolidation of German
nationhood. I quote initially from Page 1, lines 7 to 11. In the
German text these extracts appear at Page 51, first four lines under
the letter “D.” I quote:
“The removal of foreign races from the incorporated Eastern
Territories is one of the most essential goals to be accomplished in
the German East. This is the chief national political task, which has
to be executed in the incorporated Eastern Territories by the
Reichsführer SS, Reich Commissioner for the Preservation of German
Nationality.”
I next quote from lines 33 to 39 of Page 1 of the English text. In
the German text these extracts appear on Page 52, lines 14 to 20. I
quote:
“There are the following two primary reasons which make the
regaining of this lost German blood an urgent necessity:
“1. Prevention of a further increase of the Polish intelligentsia
through families of German descent, even if they are Polonized.
“2. Increase of the population by racial elements desirable for the
German nation and the acquisition of ethno-biologically
unobjectionable forces for the German reconstruction of agriculture
and industry.”
Further light is thrown upon the goals which the conspirators had
set for their Germanization program in conquered Eastern areas by a
speech delivered by Himmler on 14 October 1943. This speech was
published by the National Socialist leadership staff of the OKW. The
document came to us through the Document Section, 3rd U.S.
Infantry Division. Excerpts from this speech are set forth in L-70,
which is Exhibit Number USA-308. I quote all of the English text; and
in the German text these excerpts appear at Page 23, lines 6 to 11,
12 to 15, 20 to 23, and Page 30, lines 7 to 16. Himmler said, and I
quote:
“Therefore, I consider that in dealing with members of a foreign
country, especially some Slav nationality, we must not start from
German points of view, we must not endow these people with
decent German thoughts and logical conclusions of which they are
not capable, but we must take them as they really are.
“Obviously in such a mixture of peoples there will always be some
racially good types. Therefore I think that it is our duty to take their
children with us, to remove them from their environment, if
necessary, by robbing or stealing them. Either we win over the good
blood that we can use for ourselves and give it a place in our people
or . . . we destroy that blood.”
Continuing the German text on Page 30, lines 7 to 16, which is a
continuation of the English text, I believe, Your Honor—Himmler
stated and I quote:
“For us the end of this war will mean an open road to the East, the
creation of the Germanic Reich in this way or that . . . the fetching
home of 30 million human beings of our blood, so that still during
our lifetime we shall be a people of 120 million Germanic souls. That
means that we shall be the sole and decisive power in Europe. That
means that we shall then be able to tackle the peace, during which
we shall be willing for the first 20 years to rebuild and spread out
our villages and towns, and that we shall push the borders of our
German race 500 kilometers farther to the East.”
In furtherance of the unlawful plans disclosed by the last four
exhibits, which have been offered in evidence, the conspirators
contrived a racial register in the incorporated area of Poland. The
racial register was, in effect, an elaborate classification of persons
deemed to be of German blood, and contained provisions setting
forth some of the rights, privileges, and duties of the persons in
each classification. Persons were classified into four groups:
(1) Germans who had actively promoted the Nazi cause;
(2) Germans who had been more or less passive in the Nazi
struggle, but had retained their German nationality;
(3) Persons of German extraction who, although previously
connected with the Polish nation, were willing to submit to
Germanization;
(4) Persons of German descent, who had been “politically
absorbed by the Polish nation,” and who would be resistant to
Germanization.
The racial register was inaugurated under a decree of 12
September 1940 issued by Himmler as Reich Commissioner for the
consolidation of German nationhood, and this is contained in
Document Number 2916-PS, previously introduced in evidence. That
is Exhibit Number USA-307. I quote from Page 4 of the English text,
lines 14 to 46. In the German text these extracts appear at Page 92,
lines 29 to the end of the page, and lines 1 to 9 of Page 93. I quote:
“For inter-office use the list of racial Germans will be divided into
four groups:
“1. Racial Germans who fought actively in the ethnic struggle.
Besides the membership of a German organization, every other
deliberated activity in favor of the Germans against a foreign
nationality will be considered an active manifestation.
“2. Racial Germans who did not actively intervene in favor of the
German nationality but had preserved their traceable German
nationality.
“3. Persons of German descent who became connected with the
Polish nation in the course of the years but have, on account of their
attitude, the pre-requisites to become full-fledged members of the
German national community. To this group belong also persons of
non-German descent who live in a people’s mixed marriage with an
ethnic German in which the German spouse has prevailed. Persons
of Masurian, Kushubian, Slonzak, or Upper Silesian descent, who are
to be recognized as racial Germans usually belong to this group 3.
“4. Persons of German descent politically absorbed by the Polish
nation (renegades). Persons not included on the list of radial
Germans are Poles or other foreign nationals. Their treatment is
regulated by B II. . . .
“Members of groups 3 and 4 have to be educated as full Germans,
that is, they have to be re-germanized in the course of time through
an intensive educational training in Old Germany.
“The establishment of members of group 4 has to be based on the
doctrine that German blood must not be utilized in the interest of a
foreign nation. Against those who refuse re-Germanization, Security
Police measures are to be taken. . . .”
The basic idea of creating a racial register for persons of German
extraction was later incorporated in a decree of 4 March 1941 signed
by Himmler and the Defendants Frick and Hess. This decree is dated
4 March 1941; and is set forth in the Reichsgesetzblatt, 1941, Part 1,
Page 118. We ask the Tribunal to take judicial notice thereof.
The entire apparatus of the SS was thrown behind the vigorous
execution of these decrees. Proof of this fact is contained in
Document Number R-112, which is Exhibit Number USA-309, and I
now offer it in evidence. This exhibit contains directives issued by
Himmler as the Reich Commissioner for the consolidation of German
nationhood. I quote first from the last two paragraphs of the English
text of the directives, 16 February 1942, which is on Page 3 of this
exhibit. In the German text this provision appears on Page 1 of the
first decree, dated 16 February 1942, Paragraph 1 and 2. The
directive provided, and I now quote:
“I. Where racial Germans have not applied for entry in the German
ethnical list you will instruct the subordinate agencies to turn over
their names to the local State Police (superior) Office. Subsequently,
you will report to me.
“II. The local State Police (superior) Office will charge the persons
whose names are turned over to it to prove within 8 days that they
have applied for entry in the German ethnical list.
“If such proof is not submitted, the person in question is to be taken
into protective custody for transfer to a concentration camp.”
The measures taken against persons in the fourth category
—“Polonized Germans” as the conspirators called them—were
particularly harsh. These persons were resistant to Germanization,
and ruthless measures calculated to break their resistance were
prescribed. Where the individual’s past history indicated that he
could not be effectively germanized, he was thrown into a
concentration camp.
Some of these measures are set forth in Subparagraph A of
Paragraph II on Page 5 of Document R-112, and I quote in full from
the English text of that particular paragraph. This passage is set
forth in the German text at Pages 2 and 3 of the second decree
dated 16 February 1942 under II. This is what the directive provides:
“II. The re-Germanization of the Polonized Germans presupposes
their complete separation from Polish surroundings. For that reason
the persons entered in Division 4 of the German ethnical list are to
be dealt with in the following manner:
“A. They are to be resettled in Old Reich territory.
“1. The Higher SS and Police Leaders are charged with evacuating
and resettling them in Old Reich territory according to instructions
which will follow later.
“2. Asocial persons and others who are of inferior hereditary quality
will not be included in the resettlement. Their names will be turned
over at once by the Higher SS and Police Leaders (Inspectors of
Security Police and Security Service) to the competent State Police
(superior) Office. The latter will arrange for their transfer to a
concentration camp.
“3. Persons with a particularly bad political record will not be
included in the resettlement action. Their names will also be given
by the Higher SS and Police Leaders (Inspectors of Security Police
and Security Service) to the competent State Police (superior) Office
for transfer to a concentration camp.
“The wives and children of such persons are to be resettled in Old
Reich territory and to be included in the Germanization measures.
Where the wife also has a particularly bad political record and
cannot be included in the resettlement action, her name, too, is to
be turned over to the competent State Police (superior) Office with a
view to transferring her to a concentration camp. In such cases the
children are to be separated from their parents and dealt with
according to III, Paragraph 2 of this decree.
“Persons are to be considered as having a particularly bad political
record who have offended the German nation to a very great degree
(for example, those who participated in persecutions of Germans, or
boycotts of Germans, et cetera.)”
Coincident with the program of germanizing persons of German
extraction in the incorporated areas, the conspirators, as previously
indicated, undertook to settle large numbers of Germans of proven
Nazi convictions in that area. This aspect of their program is clearly
shown by an article by SS Obergruppenführer and General of the
Police Wilhelm Koppe, who was one of Himmler’s trusted agents.
Excerpts from this article are contained in Document Number
2915-PS, which was earlier introduced as Exhibit Number USA-306. I
quote from the second paragraph of the English text of this exhibit.
The German text appears at the third line from the bottom of Page
170 and continues to the first full paragraph of Page 171. I now
quote Koppe’s statement:
“The victory of German weapons in the East must, therefore, be
followed by the victory of the German race over the Polish race, if
the regained Eastern sphere—according to the Führer’s will—shall
henceforth remain for all time an essential constituent part of the
Greater German Reich. It is therefore of decisive importance to
infiltrate German farmers, laborers, civil servants, merchants, and
artisans into the regained German region so that a living and deep-
rooted bastion of German people can be formed as a protective wall
against foreign penetration and possibly as a starting point for the
racial infusion of the territories farther east.”
THE PRESIDENT: We will adjourn now for 10 minutes.
[A recess was taken.]

CAPT. HARRIS: Up to this point we have been speaking of the

Germanization measures in the incorporated areas. I should like now
briefly to turn to the Germanization program in the Government
General.
In the Government General there were relatively few persons, at
the outset, who qualified as Germans according to the conspirators’
standards. Hence little would be served by the introduction of a
racial register categorizing persons of German extraction on the
model of the one instituted in the incorporated area; and to our
knowledge, no such racial register was prescribed in the Government
General. Rather, the plan seems to have been (a) to make the
Government General a colony of Germany, which—as Your Honors
will recall from Document EC-344(16), which has been introduced as
Exhibit Number USA-297—was the objective expressed by the
Defendant Frank; and (b) to create so-called “German island
settlements” in the productive farming areas. These island
settlements were to be created by an influx of German persons who
faithfully adhered to the principles of National Socialism.
 In this connection I offer in evidence Document Number 910-PS.
This is Exhibit Number USA-310. These are secret notes bearing the
date line, “Department of the Interior, Kraków, 30 March 1942,” and
they concerned Himmler’s statements upon the planned
Germanization of the Government General. This document was
obtained from the 3rd Army intelligence center at Freising, Germany;
and I now quote from Page 2 of the English text, from line 3 to the
end of the report. This appears in the German text at Page 2, line
21, continuing to the end of the report. The document states, and I
quote:
“The Reichsführer SS”—Himmler—“developed additional trains of
ideas to the effect that, in the first 5-year plan for resettlement after
the war, the new German Eastern territories should first be filled; it
is intended afterwards to provide the Crimea and the Baltic countries
with a German upper class at least. Into the Government General,
perhaps, further German island settlements should be newly
transplanted from European nations. An exact decision in this
respect, however, has not been issued. In any case, it is wished that
at first a heavy colonization along the San and the Bug be achieved
so that the parts of Poland with alien populations are encircled.
Hitherto, it has been always proved that this kind of encircling leads
most quickly to the desired nationalization.”
In this same connection, I offer in evidence Document Number
2233(h)-PS. This is Defendant Frank’s diary, 1941, Volume II, Page
317. This is Exhibit Number USA-311. I quote from the last sentence
at the bottom of our Page 3 of the English text of this exhibit. In the
German text this passage appears on Page 317, lines 25 to 28.
Defendant Frank stated in this diary, and I quote:
“Thanks to the heroic courage of our soldiers this territory has
become German; and the time will come when the valley of the
Vistula, from its source to its mouth at the sea, will be as German as
the valley of the Rhine.”
I now turn to another phase of the program that I mentioned
earlier, that is the conspirators’ plan to confiscate the property of
Poles, Jews, and dissident elements. As I previously mentioned, the
evidence will show that these plans were designed to accomplish a
number of objectives. Insofar as the Jews were concerned, they
were part and parcel of the conspirators’ overall program of
extermination. Confiscation was also a means of providing property
for German settlers and of rewarding those who had rendered
faithful service to the Nazi State. This phase of their program
likewise made available dispossessed Polish farmers for slave labor in
Germany and operated to further the conspirators’ objective of
preventing the growth of another generation of Poles.
Proof of the fact that the conspirators confiscated the property of
Poles in furtherance of their Germanization and slave labor program
is contained in Document Number 1352-PS, previously introduced by
Mr. Dodd as Exhibit Number USA-176. This exhibit contains a
number of reports by one Kusche, who appears to have been one of
Himmler’s chief deputies in Poland. Mr. Dodd quoted from one of
Kusche’s confidential reports, dated 22 May 1940, at our Page 4,
Paragraph 5 of the English text. In the German text it is at Page 9,
lines 16 to 18. In this statement Kusche pointed out that it was
possible, without difficulty, to confiscate small farms and that—and I
now quote:
“The former owners of Polish farms together with their families will
be transferred to the Old Reich by the labor offices for employment
as farm workers.”
I now desire to quote from another report by Kusche contained
in the same exhibit and bearing the same date, 22 May 1940. I think
the upper right-hand corner numbers might simplify it. The report
from which I now quote is marked “secret” and is entitled, “. . .
Details of the Confiscation in the Bielsko Region.” Initially, I should
like to quote from the last paragraph at the bottom of Page 1 of this
exhibit. This exhibit, you will recall, is 1352-PS, last paragraph at the
bottom of Page 1. The German text is at Page 11, Paragraphs 1 and
2. Kusche stated, and I quote:
“Some days ago the commandant of the concentration camp being
built at Auschwitz called on Staff Leader Müller and requested
support for the carrying out of his assignments. He said that it was
absolutely necessary to confiscate the agricultural enterprises within
a certain area around the concentration camp, since not only the
fields but also in some cases the farm houses of these border
directly on the concentration camp. A local inspection held on the
21st of this month revealed the following:
“There is no room for doubt that agricultural enterprises bordering
on the concentration camp must be confiscated at once. In addition,
the camp commandant requests that further plots of farm land be
placed at his disposal, so that he can keep the prisoners busy. This,
too, can be done without difficulty since enough land can be made
available for the purpose. The owners of the plots are all Poles.”
I next quote from Page 2, lines 22 to 31, of the English text of
this same exhibit. The German text is at Page 12, Paragraph 2,
continuing through to line 22 from the top of the page. I quote:
“I had the following discussion with the chief of the labor office in
Bielsko:
“The lack of agricultural laborers still exists in the Old Reich. The
transfer of the previous owners of the confiscated agricultural
enterprises to the Reich as farm workers, together with their entire
families, is possible without any difficulty. It is only necessary for the
labor office to receive the lists of the persons in time, in order to
enable it to take the necessary steps (collection of transportation;
distribution over the various regions in need of such labor).”
Finally, I quote from Page 3 of this same exhibit, lines 6 to 13 of
the English text. The German text appears at Page 13, the last three
lines, continuing through to Page 14, line 9:
“The confiscation of these Polish enterprises in Alzen will also be
carried out within the next few days. The commandant of the
concentration camp will furnish SS men and a truck for the execution
of the action. Should it not yet be possible to take the Poles from
Alzen to Auschwitz”—and Auschwitz, Your Honors will recall, is
where the concentration camp was—“they should be transferred to
the empty castle at Zator. The liberated Polish property is to be given
to the needy racial German farmers for their use.”
In order to regularize the program of confiscation, Defendant
Göring issued a decree on September 17, 1940. This decree appears
in the Reichsgesetzblatt, 1940, Part I, Page 1270; and I ask the
Tribunal to take judicial notice of it. Under Section 2 of this decree
sequestration of movable and immovable property, stores, and other
intangible property, interests of Jews and “persons who have fled or
are not merely temporarily absent”, was made mandatory. In
addition, sequestration was authorized under Section 2, Subsection
2, if the property was required “for the public welfare, particularly in
the interests of Reich defense or the strengthening of German
folkdom.” By Section 9 of this decree, issued by Defendant Göring,
confiscation of sequestrated property was authorized “if the public
welfare, particularly the defense of the Reich, or the strengthening
of German folkdom, so requires.” However, Section 1, Subsection 2,
of the decree provided that property of German nationals was not
subject to sequestration and confiscation; and Section 13 provided
that sequestration would be suspended if the owner of the property
asserted that he was a German. The decree, on its face, indicates
very clearly a purpose to strip Poles, Jews, and dissident elements of
their property. It was, moreover, avowedly designed to promote
Germanism.
We ask the Court to take judicial notice of it. It is in the
Reichsgesetzblatt.
Apparently some question arose at one point as to whether the
decree required that a determination be made in each case,
involving the property of a Pole, that the property was required “for
the public welfare, particularly in the interests of Reich defense or
the strengthening of German folkdom.” The answer supplied by the
conspirators was firm and clear. In any case in which the property of
a Pole is involved, the “strengthening of German folkdom” required
its seizure. In this connection I offer in evidence document Number
R-92, which is Exhibit Number USA-312. This document, which is
dated 15 April 1941, bears the letterhead of the Reich Leader SS,
commissioner for the consolidation of German nationhood, and is
entitled, “Instruction for Internal Use on the Application of the Law
Concerning Property of the Poles, of 17 September 1940.” This
document was captured by the U.S. Counter-Intelligence Corps. I
quote from Page 2, lines 11 to 14 of the English text. In the German
text this statement appears at Page 3, Paragraph 2, Subparagraph 2.
I quote:
“The objective conditions permitting seizure according to Section II,
Subsection 2(a), are to be assumed whenever, for example, the
property belongs to a Pole, for the Polish real estate will be needed
without exception for the preservation of the German folkdom.”
In the Government General Defendant Frank promulgated a
decree on 24 January 1940 authorizing sequestration for the
“performance of tasks serving the public interest” and liquidation of
“anti-social or financially unremunerative concerns.” The decree is
embodied in the Verordnungsblatt of the Government General,
Number 6, 27 January 1940, Page 23; and we ask the Tribunal to
take judicial notice of it. The undefined criteria in this decree
obviously empowered Nazi officials in the Government General to
engage in wholesale seizure of property.
The magnitude of the conspirators’ confiscation program in
Poland was staggering. I ask Your Honors to turn to the chart on the
sixth page of Document Number R-92, which was introduced into
evidence a moment ago as Exhibit Number USA-312.
This chart shows that as of 31 May 1943 the staggering total of
693,252 estates, comprising 6,097,525 hectares, had been seized
and 9,508 estates, comprising 270,446 hectares, had been
confiscated by the Estate Offices Danzig-West Prussia, Posen,
Ciechanów, and Silesia. This, it will be noted, represented the
seizure and confiscation of only four offices.
That, Your Honors, concludes our discussion on Poland; and I
now turn to Czechoslovakia. At this point of the proceedings we shall
introduce only one document upon Czechoslovakia. This one
document, however, contains a startling revelation of the
conspirators’ plans to germanize Bohemia and Moravia. It relates
how three plans, each characterized by its severity, were discussed;
and finally how the Führer decided on plan (c), which involved the
assimilation of about one-half of the Czech population by the
Germans and the extermination of the other half. Moreover, the plan
envisaged a large influx into Czechoslovakia of Germans whose
loyalty to the Führer was unquestioned. I offer this document in
evidence. It is Document Number 862-PS, and it is Exhibit Number
USA-313. This is a top-secret report, dated 15 October 1940, which
was written by General Friderici, Deputy General of the Wehrmacht
in Bohemia and Moravia. On the face of the document, it appears
that only four copies were made. The document we offer in evidence
is the original document, which was found among the captured files
of the OKW. This document bears the handwritten letters “K” and “J”
on the first page on the left-hand side, and I am advised that the
handwriting is unquestionably that of Defendants Keitel and Jodl. I
quote the document in its entirety:
“On 9 October of this year the office of the Reich Protector held an
official conference in which State Secretary SS Gruppenführer R. H.
Frank spoke about the following . . . .”
SS Gruppenführer K. H. Frank, it may be noted, was Secretary of
State under Defendant Von Neurath, who at the date of this report
was the Protector of Bohemia and Moravia.
THE PRESIDENT: Who did you say Frank was?
CAPT. HARRIS: Frank was an SS Gruppenführer, and Secretary of
State under Defendant Von Neurath. He is not the Defendant Hans
Frank. At the date of this particular report Von Neurath, under whom
K. H. Frank served, was the Protector of Bohemia and Moravia.
Continuing the quotation:
“Since creation of the Protectorate of Bohemia and Moravia, Party
agencies, industrial circles, as well as agencies of the central
authorities of Berlin, have considered a solution for the Czech
problem.
“After ample deliberation, the Reich Protector expressed his views
about the various plans in a memorandum. In this three ways of
solution were indicated:
“a) German infiltration of Moravia and confinement of the Czech
nationals to a residual Bohemia. This solution is considered
unsatisfactory, because the Czech problem, even if in diminished
form, will continue to exist.
“b) Many arguments can be brought up against the most radical
solution, namely, the deportation of all Czechs. Therefore, in the
memorandum it is concluded that it cannot be carried out within a
reasonable period of time.
“c) Assimilation of the Czechs, that is, absorption of about half of the
Czech nationals by the Germans insofar as these are of racial or
otherwise valuable importance. This will also be caused, among
other things, by increased employment of Czechs in the Reich
territory (with the exception of the Sudeten German border
districts), in other words, by dispersing the concentrations of Czech
nationals.
“The other half of the Czech nationals must be deprived of their
power, eliminated, and shipped out of the country by all sorts of
methods. This applies particularly to the racially mongoloid part and
to the major part of the intellectual class. The latter can scarcely be
converted and would become a burden by constantly making claims
for the leadership over the other Czech classes and thus interfering
with a possible rapid assimilation.
“Elements which counteract the planned Germanization ought to be
handled roughly and eliminated.
“The above development naturally pre-supposes an increased influx
of Germans from the Reich territory into the Protectorate.
“Having been reported, the Führer has chosen solution (c)
(assimilation) as a directive for the solution of the Czech problem
and decided that, while keeping up the autonomy of the Protectorate
on the surface, the Germanization will have to be carried out in a
centralized way by the office of the Reich Protector for years to
come.
“From the above no particular conclusions are to be drawn by the
Armed Forces. This is the line which has always been taken here. In
this connection I refer to my memorandum submitted to the Chief of
the High Command of the Armed Forces, dated 12 July 1939, file
number 6/39, top secret, entitled ‘The Czech Problem’ (attached as
annex).
“The Representative of the Armed Forces with the Reich Protector in
Bohemia and Moravia.”—Signed—“Friderici, General of Infantry.”
With the permission of Your Honors, I should like to comment
further upon some parts of this memorandum. First, I invite your
attention to solution (a). This solution would have called for German
infiltration into Moravia and the forcible removal of the Czechs from
that area to Bohemia. As Your Honors know, Moravia lies between
Bohemia and Slovakia. Thus solution (a) would have involved the
erection of a German State between Bohemia and Slovakia, and
would have prevented effective inter-communications between the
Czechs and the Slovaks. In this manner, the historic desire for unity
of these two groups of peace-loving people and the continued
existence of their Czechoslovakian State would have been frustrated.
Solution (a), it may be noted, was rejected because the surviving
Czechs, even though compressed into a “residual Bohemia”, would
have remained to plague the conspirators.
Solution (b) which involved the forcible deportation of all Czechs
was rejected, not because its terms were deemed too drastic, but
rather because a more speedy resolution of the problem was
desired.
Solution (c), as shown in the exhibit, was regarded as the most
desirable and was adopted. This solution first provided for the
assimilation of about one-half of the Czechs. This meant two things:
a. Enforced Germanization for those who were deemed racially
qualified and b. deportation to slave labor in Germany for others.
“Increased employment of Czechs in the Reich territory” as stated in
the exhibit meant, in reality, slave labor in Germany.
Solution (c) further provided for the elimination and deportation
“by all sorts of methods” of the other half of the Czech population,
particularly the intellectuals and those who did not meet the racial
standards of the conspirators. Intellectuals everywhere were an
anathema to the Nazi conspirators, and the Czech intellectuals were
no exception. Indeed, the Czech intellectuals, as the conspirators
well knew, had a conspicuous record of gallantry, self-sacrifice, and
resistance to the Nazi ideology. They were, therefore, to be
exterminated. As will be shown in other connections, that section of
the top-secret report which stated “elements which counteract the
planned Germanization are to be handled roughly and eliminated”
meant that intellectuals and other dissident elements were either to
be thrown in concentration camps or immediately exterminated.
In short, the provisions of solution (c) were simply a practical
application of the conspirators’ philosophy as expressed in Himmler’s
speech, part of which we have quoted in L-70, already presented in
evidence as Exhibit Number USA-308. Himmler said that “either we
win over any good blood that we can use for ourselves . . . or we
destroy this blood.”
I now turn briefly to the conspirators’ program of spoliation and
Germanization in the western occupied countries. Evidence which
will be presented at a later stage of this proceeding will show how
the conspirators sought to germanize the western occupied
countries; how they stripped the conquered countries in the West of
food and raw materials, leaving to them scarcely enough to maintain
a bare existence; how they compelled local industry and agriculture
to satisfy the insatiable wants of the German civilian population and
the Wehrmacht; and finally how the spoliation in the western
occupied countries was aided and abetted by excessive occupation
charges, compulsory and fraudulent clearing arrangements, and
confiscation of their gold and foreign exchange. The evidence
concerning these matters which will be presented in great detail by
the Prosecutor for the Republic of France is so overwhelming that
the inference is inescapable that the conspirators’ acts were
committed according to plan.
However, it will not be until after the Christmas recess that the
evidence concerning the execution of the conspirators’ plans in the
West will be presented to this Tribunal. Accordingly, by way of
illustration, and for the purpose of showing in this presentation that
the conspirators’ plans embraced the occupied Western countries as
well as the East, we now offer in evidence a single exhibit on this
aspect of the case, R-114, which is Exhibit Number USA-314. This
document was obtained from the U.S. Counter-Intelligence branch.
This exhibit consists of a memorandum dated 7 August 1942 and a
memorandum dated 29 August 1942 from Himmler’s personal files.
The former memorandum deals with a conference of SS officers and
bears the title, “Directions for the Treatment of Deported Alsatians.”
The latter memorandum is marked secret and is entitled, “Shifting of
Alsatians into the Reich.” The memoranda comprising this exhibit
show that plans were made and partially executed to remove all
elements from Alsace which were hostile to the conspirators and to
germanize the province. I quote from Page 1, lines 21 to 31, of the
English text entitled, “Directions for the Treatment of Deported
Alsatians.” These extracts contained in the German text at Page 1,
the last 8 lines, and Page 2, lines 1 to 5. I now quote:
“The first expulsion action was carried out in Alsace in the period
from July to December 1940; in the course of it 105,000 persons
were either expelled or prevented from returning. They were in the
main Jews, gypsies and other foreign racial elements, criminals,
asocial and incurably insane persons, and in addition Frenchmen and
Francophiles. The patois-speaking population was combed out by
this series of deportations in the same way as the other Alsatians.
“Referring to the permission the Führer had given him to cleanse
Alsace of all foreign, sick, or unreliable elements, Gauleiter Wagner
has recently pointed out the political necessity of a new
deportation”—zweite Aussiedlungsaktion—“which is to be prepared
as soon as possible.”
 I should like Your Honors to permit me to defer the remainder of
this presentation until Monday. Mr. Justice Jackson would like to
make a few remarks to the Tribunal.
MR. JUSTICE JACKSON: May it please the Tribunal, I wish to
bring to the attention of the Tribunal and of the Defense Counsel
some matters concerning the case as it will take its course next
week, in the belief that it will result in expediting our procedure if,
over the weekend, our program can be considered.
Captain Harris’ presentation will take a short time longer on
Monday; and when it has concluded, the presentation by the United
States will have reached that part of the Indictment which seeks a
declaratory judgment of this Tribunal that six of the organizations
named therein are criminal organizations. They effect such a finding
only that they may constitute such a basis for prosecution against
individual members in other courts than this, proceedings in which
every defense will be open to an accused individual, except that he
may not deny the findings made by this Tribunal as to the character
of the organization of which he was a member.
The United States desires to offer this evidence under conditions
which will save the time of the Tribunal and advance the prosecution
as rapidly as possible so that United States personnel can be
released.
We also desire defendants’ counsel to have before them as much
as possible of our evidence against organizations before the
Christmas recess so that they may use that recess time to examine it
and to prepare their defenses and that we may be spared any
further applications for delay for that purpose.
The substance of our proposal is that all of the ultimate
questions on this branch of the case be reserved for consideration
after the evidence is before the Tribunal. The real question, we
submit, is not whether to admit the evidence. The real question is its
value and its legal consequences under the provisions of this
Charter. All of the evidence which we will tender will be tendered in
the belief that it cannot be denied to have some probative value and
that it is relevant to the charges made in the Indictment. And those
are the grounds upon which the Charter authorizes a rejection of
evidence.
At the time we seek no advantage from this suggestion except
the advantage of saving time to the Tribunal and to ourselves to get
as much of the case as possible in the hands of the defendants
before the Christmas recess and to urge the ultimate issues only
when they can be intelligibly argued and understood on the basis of
a real record instead of on assumptions and hypothetical statements
of fact.
In offering this evidence as to the organizations, therefore, we
propose to stipulate as follows:
Every objection of any character to any item of the evidence
offered by the United States, as against these organizations, may be
deemed to be reserved and fully available to Defense Counsel at any
time before the close of the United States case with the same effect
as if the objection had been made when the evidence was offered.
All evidence on this subject shall remain subject to a continuing
power of the Tribunal, on motion of any counsel or on its own
motion, to strike, unprejudiced by the absence of objection. Every
question as to the effect of the evidence shall be considered open
and unprejudiced by the fact it has been received without objection.
Now we recognize the adherent controversial character of the
issues which may be raised concerning this branch of the case. What
this evidence proves, what organizations it is sufficient to condemn,
and how the Charter applies to it are questions capable of debate,
which we are quite ready to argue when it can be done in orderly
and intelligible fashion. We had expected to do it in final summation,
but we will do it at any time suggested by the Tribunal, after there is
a record on which to found the argument; and we are willing to do it
either before or after the defendants take up the case. But we do
suggest that, if it is done step by step as the evidence is produced
and on questions of admissibility, it will be disorderly and time-
consuming. Piecemeal argument will consume time by requiring
counsel on both sides to recite evidence that is either in the case, or
to speculate as to evidence that is not yet in, to resort to
hypothetical cases, and to do it over and over again to each
separate objection. It will also be disorderly because of our plan of
presentation.
Questions which relate to these organizations go to the very
basis of the proposal made by President Roosevelt to the Yalta
Conference, agreement upon which was the basis for this
proceeding. The United States would not have participated in this
kind of determination of question of guilt but for this or some
equivalent plan of reaching thousands of others, who, if less
conspicuous, are just as guilty of these crimes as the men in the
dock. Because of participation in the framing of the Charter and
knowledge of the problem it was designed to reach, I shall expect to
reach the legal issues involved in these questions.
The evidence, however, will be presented by the lawyers who
have specialized in the search for the arrangement of evidence on a
particular and limited charge or indictment. Piecemeal argument,
therefore, would not be orderly, but would be repetitious,
incomplete, poorly organized, and of little help to the Tribunal. The
issues deserve careful, prepared presentation of the contentions on
both sides.
We will ask, therefore, upon these conditions, which we think
protect everybody’s rights and enable the Defense as well as
ourselves to make a better presentation of their questions because
they will have time to prepare them, to lay before the Tribunal, as
rapidly as possible next week and as uninterruptedly as possible, the
evidence which bears upon the accusations against the
organizations.
THE PRESIDENT: Mr. Justice Jackson, have you yet
communicated that to the defendants’ counsel in writing or not?
MR. JUSTICE JACKSON: I have not communicated it, unless it
has been sent to the Information Center since noon.
THE PRESIDENT: I think, perhaps, it might be convenient that
you should state what you have stated to us as to objections to the
evidence in writing so they may thoroughly understand it.
MR. JUSTICE JACKSON: I have prepared to do that and to supply
sufficient copies for members of the Tribunal and for all defense
counsel.
 THE PRESIDENT: Yes.
HERR BÖHM: I represent the members of the S.A. who have
volunteered to be questioned before the Tribunal. I understood the
statement of Justice Jackson only partially. As Defense Counsel I
have no one who can supply me with information and I cannot,
under any circumstances, agree to give my views on statements
which I do not know or which are made known to me in such a way
that I am not in a position to get information.
I should like to ask first that I be supplied with a German
translation of the statement which the Prosecution has made on the
future course of the Trial, so that I can express my views on it. I do
not represent here just one person but millions of people who will,
after the Trial, come forward with all sorts of accusations against
me, possibly even justified accusations. My own responsibility, as
well as that of my colleagues who represent the organizations, is
immense. I should therefore like to request, as a matter of principle,
that anything which is presented in this Trial at all be submitted to
me in the German language, because I am not in a position to have
whole volumes of documents translated into German from one day
to the next—documents which could quite easily be given to me in
the German original. This is a circumstance which makes it
dreadfully hard for me, as well as for a number of my colleagues, to
follow the Trial at all.
Of the incriminatory evidence against the organizations, I have
previously gathered little in the proceedings up to now. Since,
according to today’s statements, however, the evidence against the
organizations is to be presented shortly, I should like to ask
emphatically that, if we are to continue to represent the
organizations, the proceedings be conducted in such a way that, in a
technical respect, too, we shall be in a position to carry on the
defense in a responsible manner.
THE PRESIDENT: As you know or have been told, only those
parts of documents which are read before the Tribunal are treated as
being in evidence and therefore you hear through your earphones
everything that is in evidence read to you in German. You know also
that there are two copies of the documents in your Information
Center which are in German. So much for that. That has been the
procedure up to now.
In order to meet the legitimate wishes of German counsel, the
proposal which Mr. Justice Jackson has just made is perfectly simple,
as I understand it, and it is this:
That the question of the criminality of these organizations should
not be argued before the evidence is put in; that the United States
counsel should put in their evidence first, and that they hope to put
the majority of it in evidence before the Christmas recess, but that
the German counsel (defendants’ counsel) shall be at liberty at any
time, up to the time the United States case is finished, to make
objection to any part of the evidence on these criminal
organizations. Is that not clear?
HERR BÖHM: Yes, that is clear.
THE PRESIDENT: Have you any objection to that procedure?
HERR BÖHM: Yes. The procedure as suggested is clear, but I
think it is highly inadequate. I have as yet had no opportunity to get
into my hands either of the two copies, which are said to be
downstairs in Room 54, maybe because two copies are not sufficient
for the purposes of 25 lawyers, especially if these copies are placed
in Room 54 at 10:30 in the morning, when the session starts at
10:00 o’clock. It would not even suffice if these two copies for 25 of
us were placed into our room on the day before, since it is not
possible for all of us to make satisfactory use of these two copies in
so short a time. Arrangements should therefore be made—just how
the Prosecution will make them, I cannot say—to enable us to know
at the proper time—and I emphasize again, in the German language
—what the Prosecution expects of us, so that our work may be of
avail to the Tribunal.
THE PRESIDENT: What you have just stated is a general
objection to the procedure which has been adopted up to now and
has nothing to do with the procedure which has been suggested by
Mr. Justice Jackson with reference to these criminal organizations.
His suggestion was that argument on the law of the criminal issue or
the criminal nature of these organizations should be postponed until
the evidence was put in and that the right of Counsel for the
Defense should be to make objection at any stage or, rather, to defer
their objections until the evidence had been put in; and it was hoped
that the evidence would be completed or nearly completed by the
Christmas recess. What you say about the general procedure may be
considered by the Tribunal.
So far as the particular question is concerned, namely, the
question of the procedure suggested by Mr. Justice Jackson, have
you any objection to that?
HERR BÖHM: I have objections to this procedure only—and in
this respect I reserve for myself all rights, for the sake of the great
number of people I represent—if it handicaps or hinders me in any
way in representing the interests of my many clients.
THE PRESIDENT: We are aware of that fact, but that does not
seem to be material to the question whether the legal argument
should be deferred until after the evidence is presented. The fact
that you have millions of people to represent has nothing to do with
the question whether the legal argument shall take place before, or
in the middle of, or at the end of the presentation of the evidence.
What I am asking you is: Have you any objection to the legal
argument taking place at the end of the presentation of the
evidence?
HERR BÖHM: I have no objection to these suggestions if they do
not impair my defense in any way.
THE PRESIDENT: The Tribunal will now adjourn.
[The Tribunal adjourned until 17 December 1945 at 1000 hours.]

TRANSCRIBER NOTES
 Punctuation and spelling has been maintained except where
obvious printer errors have occurred such as missing periods or
commas for periods. English and American spellings occur
throughout the document depending on the author; however,
American spellings are the rule, hence, 'Defense' versus 'Defence'.
Multiple occurrences of the following spellings which differ and are
found throughout this volume are as follows:
cooperation co-operation
Sudeten Gau Sudetengau
Sudeten-Deutsche territory Sudeten-German territory
Sudeten German(s) Sudeten-German(s)
Although some sentences may appear to have incorrect spellings or
verb tenses, the original text has been maintained as it represents
what the tribunal read into the record and reflects the actual
translations between the German, English, Russian and French
documents presented in the trial(s).
An attempt has been made to produce this ebook in a format as
close as possible to the original document's presentation and layout.

[The end of Trial of the Major War Criminals Before the International
Military Tribunal: Nuremberg 14 November 1945-1 October 1946
(Vol. 3), by Anonymous.]
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MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL MILITARY
TRIBUNAL, NUREMBURG, 14 NOVEMBER 1945-1 OCTOBER 1946,
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