862.20/1041

The Ambassador in Germany (Dodd) to the Secretary of State

No. 2000

Sir: I have the honor to enclose copies of an English translation of the German Defence Law which was promulgated to take effect May 21, 1935.16 It is understood that the Acting Military Attaché is forwarding a critical analysis of the law and hence this despatch will be limited to a discussion of its effects upon the general internal situation.

Outline of the New Military Regime

The new law forms the basis of the future military system; various supplementary decrees, together with certain official statements, give a picture of what the new régime will be.

The Führer formally becomes commander-in-chief of the armed forces (to be known as the Wehrmacht) which will operate under the intermediary command of a War Minister (General von Blomberg), formerly known as the “Reichswehr Minister.” While it is explained that “War Minister” is the title generally used in other countries, it is probable that the change was made in order to clarify the situation that has already existed for quite some time, namely, that this particular Minister possesses authority not only over the Army (hence to be known as the Heer in contradistinction to the Reichswehr set up following the Treaty of Versailles), but also over the Navy and the Air Force. General von Fritsch, head of the Army General Staff, Admiral Raeder of the Navy, and General Goering, of the Air Force, will be known as Commanders-in-Chief of these respective bodies. The position of General Goering is somewhat complicated, however, by the fact that while as Commander-in-Chief of the now openly proclaimed air arm, he will be under the War Minister’s jurisdiction, he would appear to maintain an independent status as Minister for Civil Aviation.

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The basic law of May 21 declares that military service is service in honor of the German people, and that in time of war all men and women must place themselves at their country’s disposal. The men shall be liable to military duty from the time they have completed their eighteenth year until the March 31 following the completion of their 45th year, but in time of war these limits may be extended. As a rule, youths must fulfill their active military service (fixed by the Führer in a separate decree as 12 months) in the calendar year they attain the age of 20, and after their military service shall be placed in the reserve where they will remain until they are 35. Men now too old to be conscripted will belong to a second reserve, in which they will be given short periods of training. All men between 35 and 45 shall eventually be included in a body known as the Landwehr.

. . . . . . . . . . . . . .

Particular Items of Interest Under the New Military Regime

The following comments are offered on specific phases of the new military system.

(a) Labor Service.

The stipulation in the Military Law itself (Article 8) that Labor Service must be performed before active army service, is of some interest, particularly as it is understood that first the Army General Staff and later the conservatives in the Cabinet, opposed this requirement being stated in the law itself. The issue is reported to have been decided by General von Blomberg himself, who is said to have a more profound sense of obligation to Nazi Socialist doctrine (of which the Labor Service is a creature) than his brother officers. The conservatives in the Cabinet, especially Dr. Schacht, are understood to be against a compulsory term in the Labor Service as long as a year’s time which, in addition to the year’s military service, would in their minds result in the withdrawal of men for too long a period from ordinary life. As has been previously pointed out, the Army is not over-sympathetic to the Labor Service, which claims to be the “school of the nation.” While they apparently concede that the discipline and elementary military training such as marching, etc., given the recruits in the Labor Service, are worth three months preliminary army instruction, thus in effect making the total period of military training 15 months instead of a year, they object strongly to the schooling in National Socialist philosophy imposed upon the men. (A recent visitor to a Labor Service camp has reported that the camp leader especially emphasized the fact that when the weather was too bad for work, the time was spent on Weltanschauung.)

The Army seems gradually to be obtaining a predominant influence over the Hitler Youth, whose adult leaders are now chosen with the [Page 272] approval of Army officers, but there still remains in the career of the average German youth the gap left by the Labor Service where Nazi Socialist ideology is still free to exercise its influence. According to the statements of various officers, the Army would wish that Labor Service be restricted to 6 months instead of a year. A reliable journalist who was presented at the Reichenau interview states that the latter, in reply to an informal question, made it clear that while the recruits are being called up this fall for presumably a year’s term in the Labor Service, the issue of a year’s service in that institution is still left open for the future. It remains to be seen, however, whether the Army will succeed in gaining the upper hand in this matter over Party enthusiasts.

In the Army’s attitude toward National Socialism a curious distinction seems to be made between the idea of loyalty to the Führer, and militant National Socialist philosophy; for, while, according to the Acting Military Attaché, lectures are given the regular troops expatiating on Hitler’s virtues and on what he has done for the Army, conversation with the average officer immediately brings out opposition to the Nazi philosophy, as represented say, by Rosenberg and Goebbels.

(b) Aryan Provisions.

In Article 15 of the law it is laid down that Aryan descent is essential for admission to active service, but exceptions to this provision may be made by special examining committees. General von Reichenau intimated in his interview that passage of the examination will depend upon general ability, personal impression, and political reliability of the individual examined. That exceptions are definitely envisaged is generally viewed as being a partial victory over Party racial fanatics by the Army groups who are understood to hold more moderate views on the whole Jewish question.

On the other hand, it is provided that only Aryans may become officers and, furthermore, that Aryans on active service or in the reserve who marry non-Aryans will be punished by the loss of superior military grade. Reichenau also stated that pure (reinrassig) Jews will be automatically disqualified, but the importance of this provision is perhaps restricted by the probable limited number of persons in Germany who might be termed 100 per cent Jews.

Paragraph 5 of the same Article declares that the service of Jews in wartime may be regulated by special ruling.

(c) Nationality Provisions.

The Department may wish to devote particular attention to Articles 17 and 18. The first provides that Germans living abroad or wishing to visit foreign countries must perform military service but may post-pone [Page 273] fulfillment of the obligation for two years or in exceptional cases be entirely excused. Article 18 extends the obligation to Germans possessing dual nationality, stating that such persons are not exempt from service even though they may have served in another army; in peace time, however, they will only be admitted to the German Army upon application to, and with the special permission of, the War Minister.

It has subsequently been announced that German nationals living permanently abroad will not, for technical reasons, be called up this year, even though they pay temporary visits to Germany. In general, applications for postponement of service or exemption in accordance with Article 17, are to be made to the competent German Consulates. It is further explained that if in cases of dual nationality, the other country likewise has compulsory military service, the Reich will endeavor to make special arrangements with the authorities of that country.

The last paragraph of Article 18 which, though it lays down a provision made by various other states for the service of foreigners in the Army, is perhaps of some interest in view of the presence of the Austrian Legion in Germany.

(d) Regulation of Political Activities.

Perhaps most interesting from a larger point of view, is Article 26 which provides that political activities, such as membership in the Party or its organs, and the right to vote in plebiscites or elections, shall rest in abeyance as long as the soldier is on active duty. In this Article, as well as in the absence of any provision bestowing special advantages in the armed forces upon members of so-called para-military Nazi groups such as the S. S. and the S. A., the Army must be regarded as having won a signal victory over Party leaders. This was emphasized by General von Reichenau who stated in his interview that, “during his short-term service the soldier must concentrate his entire physical and mental energy upon his training in arms and can only be subordinate to a single authority, that of the Wehrmacht.”

(e) Special Status of East Prussia.

The calling up for military service of two classes in East Prussia, that of 1914 and that of 1910, was explained by General von Reichenau as being motivated by the sparsity of population in that region and by necessity of East Prussia in an emergency being able to defend itself independently. He also let it be understood that this measure was the logical consequence of the French claim that a longer term of service and a more intensive militarization were requisite in colonies, East Prussia, so General von Reichenau intimated, being viewed from a practical military point of view as a “colony.”

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(f) Recruiting and Designation of Recruiting Stations.

Central recruiting offices will be set up in the ten principal military areas (Kreise), with subsidiary offices in the various districts (Bezirks). In the demilitarized zone the task of the local military offices will be performed by the civil authorities.

It is learned that Army experts estimate that roughly 300,000 recruits will be called up in each conscripted class, of whom possibly some 80,000 will be rejected as failing to fulfill the necessary requirements. From the results of examinations made to date of volunteers, it appears that the Army, with a wealth of man power at its disposal, and with the size of the force limited by general policy as well as by the facilities now at its disposal, such as barracks, etc., will concentrate upon the building up of the fittest possible force rather than one of overwhelming size.

(g) Amendment to the Reichminister Law.

An amendment to the present Reichminister Law was adopted making it possible for a soldier on active service to be named a Reichminister. Certain people here attach significance to this change as being a maneuver by the Army to clear the way for a predominantly soldier Cabinet in time of war or in the event of serious internal trouble.

Popular Reaction

In general, popular reaction to the new Army law follows substantially that evident on the occasion of the declaration of conscription. Former soldiers, men now too old to serve, and the class of people who might be called “beer-hall patriots” are enthusiastic over the rebirth of a “people’s army.” The same might be held to be true of the youth of the country who are still without jobs or are under the conscription age, these boys being captivated with the idea of wearing uniforms and serving as real soldiers. On the other hand, students and young apprentices who will be conscripted have certain misgivings concerning the break that will result in their careers. Laborers and employees, moreover, appear despondent at the thought of leaving their occupations even for the short period necessary to serve in the reserves. While General von Reichenau declared that a law will shortly be passed requiring situations to be held open for employees performing military service, the workers, already living on a merely subsistence scale, will probably feel keenly the loss of income for the eight weeks period, a loss that the soldiers’ pay (which has not yet been announced) is unlikely to repair.

One element in the population, though, it is true, a small one, who are frankly disaffected by the new military régime, are former members of Göring’s special Prussian police organization, numbering some [Page 275] 30,000, who soon after the declaration of conscription were taken into the Army. Besides being deprived of their semi-privileged status, no account was taken of the grades that they attained in the police, high officers in that body being forced to enter the Army ranks as privates or with the same grade they held there during the War.

Respectfully yours,

William E. Dodd
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