862.00/2926
The Ambassador in Germany (Sackett) to the Secretary of State
[Received March 14.]
Sir: In amplification of my telegram No. 28 of March 1, 4 p.m.,12 and in continuation of despatch No. 2222 of March 3, 1933, relative to the political consequences of the burning of the Reichstag, I have the honor to report that the Government has issued two presidential decrees on February 28. One decree provides sharper penalties for treason, sedition and subversive acts, imposing the death penalty for the betrayal of military secrets, while the other decree, issued as a direct result of the [Page 205] incendiarism in the Reichstag, puts into effect a severe curtailment of constitutional liberty. Of the two decrees, the latter is practically allembracing and is of more immediate importance than the former.
This decree, ostensibly “for the protection of the nation from the Communist danger,” is already being applied on an unprecedented scale not only to Communists but to all other political opponents of the present regime as well. It temporarily suspends all Articles of the Constitution pertaining to the liberty of the person, freedom of speech and of assembly; to the inviolability of postal, telegraph, and telephone communications, and to the privacy of domicile. It imposes the death penalty for attempts on the life of the President or members of the Reich or State Governments, or for conspiring with others in such an attempt, or for incitement to such an attempt; for offenses in connection with grave disturbances of the peace, deprivation of personal liberty for the purpose of making hostages, high treason, incendiarism, causing of floods and explosions, and the poisoning of food and water.
Unlike previous similar decrees temporarily suspending constitutional liberty, this decree does not institute summary courts or transfer the executive power to the Reichswehr. It will be recalled that under the exceptional state of emergency proclaimed for Berlin last summer, when von Papen was made Reich Commissioner for Prussia, the police powers were transferred to the Reichswehr, under the General commanding the Berlin district (see despatch No. 1841 of July 25, 193213). The present decree declares a state of emergency in the whole Reich, without transferring the police powers to the Reichswehr. Dr. Frick. Reich Minister of the Interior, and, especially, Minister Goering, as Reich Commissioner in chargé of the Prussian Police, have thus been given extraordinary powers.
On the basis of an earlier decree, persons could be taken in custody only if urgently suspected of sedition or betrayal of military secrets or crimes with the aid of firearms, and detained up to a period not exceeding three months. This provision has now been lifted, leaving the period of confinement to the discretion of the police. Furthermore, the police can now take into custody any person, without giving any reason, and detain him as long as such action is deemed necessary in the interest of public security and order.
The privacy of domicile has been abolished and the police has the right to search the homes of any individual or organization, without due process. The authorities have been vested with similar rights in respect to the inviolability of mail, telegraph and telephone communications.
According to the Constitution, the press is not subject to censorship. This provision has now also been lifted and newspapers can be forced [Page 206] to submit to censorship all articles before publication. Moreover, newspapers and periodicals can now be suppressed indefinitely without any grounds, whereas heretofore they could be suppressed only for printing articles regarded as being against the Government. The right of assembly has been lifted and restrictions in this respect can be imposed without limitation. The inviolability of property, guaranteed by the Constitution, has been lifted and the Government may now confiscate the property of individuals and political organizations.
The application of the provisions of this decree has been left to the State Governments. However, should any State Government fail to carry out these provisions, the Reich Government is empowered to order such action and to resort to military force if necessary. This particular provision of the decree is of especial interest and importance as it leaves considerable room for the interpretation as to whether or not, and to what extent, a State Government has failed to comply with the provisions of the decree.
Violations of the decree are subject to severe penalties; if such violations involve the death of persons, the death penalty may be imposed.
Respectfully yours,