On the day following the fire, February 28, he prevailed on President Hindenburg to sign a decree “for the Protection of the People and the State” suspending the seven sections of the constitution which guaranteed individual and civil liberties. Described as a “defensive measure against Communist acts of violence endangering the state,” the decree laid down that:
Restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press; on the rights of assembly and association; and violations of the privacy of postal, telegraphic and telephonic communications; and warrants for house searchers, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
In addition, the decree authorized the Reich government to take over complete power in the federal states when necessary and imposed the death sentence for a number of crimes, including “serious disturbances of the peace” by armed persons.8
Thus with one stroke Hitler was able not only to legally gag his opponents and arrest them at his will but, by making the trumped-up Communist threat “official,” as it were, to throw millions of the middle class and the peasantry into a frenzy of fear that unless they voted for National Socialism at the elections a week hence, the Bolsheviks might take over. Some four thousand Communist officials and a great many Social Democrat and liberal leaders were arrested, including members of the Reichstag, who, according to the law, were immune from arrest. This was the first experience Germans had had with Nazi terror backed up by the government. Truckloads of storm troopers roared through the streets all over Germany, breaking into homes, rounding up victims and carting them off to S.A. barracks, where they were tortured and beaten. The Communist press and political meetings were suppressed; the Social Democrat newspapers and many liberal journals were suspended and the meetings of the democratic parties either banned or broken up. Only the Nazis and their Nationalist allies were permitted to campaign unmolested.
With all the resources of the national and Prussian governments at their disposal and with plenty of money from big business in their coffers, the Nazis carried on an election propaganda such as Germany had never seen before. For the first time the State-run radio carried the voices of Hitler, Goering and Goebbels to every corner of the land. The streets, bedecked with swastika flags, echoed to the tramp of the storm troopers. There were mass rallies, torchlight parades, the din of loudspeakers in the squares. The billboards were plastered with flamboyant Nazi posters and at night bonfires lit up the hills. The electorate was in turn cajoled with promises of a German paradise, intimidated by the brown terror in the streets and frightened by “revelations” about the Communist “revolution.” The day after the Reichstag fire the Prussian government issued a long statement declaring that it had found Communist “documents” proving:
Government buildings, museums, mansions and essential plants were to be burned down … Women and children were to be sent in front of terrorist groups … The burning of the Reichstag was to be the signal for a bloody insurrection and civil war … It has been ascertained that today was to have seen throughout Germany terrorist acts against individual persons, against private property, and against the life and limb of the peaceful population, and also the beginning of general civil war.
Publication of the “documents proving the Communist conspiracy” was promised, but never made. The fact, however, that the Prussian government itself vouched for their authenticity impressed many Germans.
The waverers were also impressed perhaps by Goering’s threats. At Frankfurt on March 3, on the eve of the elections, he shouted:
Fellow Germans, my measures will not be crippled by any judicial thinking … I don’t have to worry about justice; my mission is only to destroy and exterminate, nothing more! … Certainly, I shall use the power of the State and the police to the utmost, my dear Communists, so don’t draw any false conclusions; but the struggle to the death, in which my fist will grasp your necks, I shall lead with those down there—the Brownshirts.9
Almost unheard was the voice of former Chancellor Bruening, who also spoke out that day, proclaiming that his Center Party would resist any overthrow of the constitution, demanding an investigation of the suspicious Reichstag fire and calling on President Hindenburg “to protect the oppressed against their oppressors.” Vain appeal! The aged President kept his silence. It was now time for the people, in their convulsion, to speak.
On March 5, 1933, the day of the last democratic elections they were to know during Hitler’s life, they spoke with their ballots. Despite all the terror and intimidation, the majority of them rejected Hitler. The Nazis led the polling with 17,277,180 votes—an increase of some five and a half million, but it comprised only 44 per cent of the total vote. A clear majority still eluded Hitler. All the persecution and suppression of the previous weeks did not prevent the Center Party from actually increasing its vote from 4,230,600 to 4,424,900; with its ally, the Catholic Bavarian People’s Party, it obtained a total of five and a half million votes. Even the Social Democrats held their position as the second largest party, polling 7,181,629 votes, a drop of only 70,000. The Communists lost a million supporters but still polled 4,848,058 votes. The Nationalists, led by Papen and Hugenberg, were bitterly disappointed with their own showing, a vote of 3,136,760, a mere 8 per cent of the votes cast and a gain of less than 200,000.
Still, the Nationalists’ 52 seats, added to the 288 of the Nazis, gave the government a majority of 16 in the Reichstag. This was enough, perhaps, to carry on the day-to-day business of government but it was far short of the two-thirds majority which Hitler needed to carry out a new, bold plan to establish his dictatorship by consent of Parliament.
GLEICHSCHALTUNG: THE “CO-ORDINATION” OF THE REICH
The plan was deceptively simple and had the advantage of cloaking the seizure of absolute power in legality. The Reichstag would be asked to pass an “enabling act” conferring on Hitler’s cabinet exclusive legislative powers for four years. Put even more simply, the German Parliament would be requested to turn over its constitutional functions to Hitler and take a long vacation. But since this necessitated a change in the constitution, a two-thirds majority was needed to approve it.
How to obtain that majority was the main order of business at a cabinet meeting on March 15, 1933, the minutes of which were produced at Nuremberg.10 Part of the problem would be solved by the “absence” of the eighty-one Communist members of the Reichstag. Goering felt sure that the rest of the problem could be easily disposed of “by refusing admittance to a few Social Democrats.” Hitler was in a breezy, confident mood. After all, by the decree of February 28, which he had induced Hindenburg to sign the day after the Reichstag fire, he could arrest as many opposition deputies as was necessary to assure his two-thirds majority. There was some question about the Catholic Center, which was demanding guarantees, but the Chancellor was certain that this party would go along with him. Hugenberg, the Nationalist leader, who had no desire to put all the power in Hitler’s hands, demanded that the President be authorized to participate in preparing laws decreed by the cabinet under the enabling act. Dr. Meissner, the State Secretary in the Presidential Chancellery, who had already committed his future to the Nazis, replied that “the collaboration of the Reich President would not be necessary.” He was quick to realize that Hitler had no wish to be tied down by the stubborn old President, as the republican chancellors had been.
But Hitler wished, at this stage, to make a grandiose gesture to the aged Field Marshal and to the Army and the nationalist conservatives as well, and in so doing link his rowdy, revolutionary regime with Hindenburg’s venerable name and with all the past military glories of Prussia. To accomplish this he and Goebbels, who on March 13 became Minister of Propaganda, conceived a master stroke. Hitler would open the new Reichstag, which he was about to destroy, in the Garrison Church at Potsdam, the great shrine of Prussianism, which aroused in so many Germans memories of imperial g
lories and grandeur, for here lay buried the bones of Frederick the Great, here the Hohenzollern kings had worshiped, here Hindenburg had first come in 1866 on a pilgrimage when he returned as a young Guards officer from the Austro-Prussian War, a war which had given Germany its first unification.
The date chosen for the ceremonial opening of the first Reichstag of the Third Reich, March 21, was significant too, for it fell on the anniversary of the day on which Bismarck had opened the first Reichstag of the Second Reich in 1871. As the old field marshals, generals and admirals from imperial times gathered in their resplendent uniforms in the Garrison Church, led by the former Crown Prince and Field Marshal von Mackensen in the imposing dress and headgear of the Death’s-Head Hussars, the shades of Frederick the Great and the Iron Chancellor hovered over the assembly.
Hindenburg was visibly moved, and at one point in the ceremony Goebbels, who was staging the performance and directing the broadcasting of it to the nation, observed—and noted in his diary—that the old Field Marshal had tears in his eyes. Flanked by Hitler, who appeared ill at ease in his formal cutaway morning coat, the President, attired in field-gray uniform with the grand cordon of the Black Eagle, and carrying a spiked helmet in one hand and his marshal’s baton in the other, had marched slowly down the aisle, paused to salute the empty seat of Kaiser Wilhelm II in the imperial gallery, and then in front of the altar had read a brief speech giving his blessings to the new Hitler government.
May the old spirit of this celebrated shrine permeate the generation of today, may it liberate us from selfishness and party strife and bring us together in national self-consciousness to bless a proud and free Germany, united in herself.
Hitler’s reply was shrewdly designed to play on the sympathies and enlist the confidence of the Old Order so glitteringly represented.
Neither the Kaiser nor the government nor the nation wanted the war. It was only the collapse of the nation which compelled a weakened race to take upon itself, against its most sacred convictions, the guilt for this war.
And then, turning to Hindenburg, who sat stiffly in his chair a few feet in front of him:
By a unique unheaval in the last few weeks our national honor has been restored and, thanks to your understanding, Herr Generalfeldmarschall, the union between the symbols of the old greatness and the new strength has been celebrated. We pay you homage. A protective Providence places you over the new forces of our nation.11
Hitler, with a show of deep humility toward the President he intended to rob of his political power before the week was up, stepped down, bowed low to Hindenburg and gripped his hand. There in the flashing lights of camera bulbs and amid the clicking of movie cameras, which Goebbels had placed along with microphones at strategic spots, was recorded for the nation and the world to see, and to hear described, the solemn handclasp of the German Field Marshal and the Austrian corporal uniting the new Germany with the old.
“After the dazzling pledge made by Hitler at Potsdam,” the French ambassador, who was present at the scene, later wrote, “how could such men—Hindenburg and his friends, the Junkers and monarchist barons, Hugenberg and his German Nationalists, the officers of the Reichswehr—how could they fail to dismiss the apprehension with which they had begun to view the excesses and abuses of his party? Could they now hesitate to grant him their entire confidence, to meet all his requests, to concede the full powers he claimed?”12
The answer was given two days later, on March 23, in the Kroll Opera House in Berlin, where the Reichstag convened. Before the house was the so-called Enabling Act—the “Law for Removing the Distress of People and Reich (Gesetz zur Behebung der Not von Volk und Reich),” as it was officially called. Its five brief paragraphs took the power of legislation, including control of the Reich budget, approval of treaties with foreign states and the initiating of constitutional amendments, away from Parliament and handed it over to the Reich cabinet for a period of four years. Moreover, the act stipulated that the laws enacted by the cabinet were to be drafted by the Chancellor and “might deviate from the constitution.” No laws were to “affect the position of the Reichstag”—surely the cruelest joke of all—and the powers of the President remained “undisturbed.”13
Hitler reiterated these last two points in a speech of unexpected restraint to the deputies assembled in the ornate opera house, which had long specialized in the lighter operatic works and whose aisles were now lined with brown-shirted storm troopers, whose scarred bully faces indicated that no nonsense would be tolerated from the representatives of the people.
The government [Hitler promised] will make use of these powers only insofar as they are essential for carrying out vitally necessary measures. Neither the existence of the Reichstag nor that of the Reichsrat is menaced. The position and rights of the President remain unaltered … The separate existence of the federal states will not be done away with. The rights of the churches will not be diminished and their relationship to the State will not be modified. The number of cases in which an internal necessity exists for having recourse to such a law is in itself a limited one.
The fiery Nazi leader sounded quite moderate and almost modest; it was too early in the life of the Third Reich for even the opposition members to know full well the value of Hitler’s promises. Yet one of them, Otto Wells, leader of the Social Democrats, a dozen of whose deputies had been “detained” by the police, rose—amid the roar of the storm troopers outside yelling, “Full powers, or else!”—to defy the would-be dictator. Speaking quietly and with great dignity, Wells declared that the government might strip the Socialists of their power but it could never strip them of their honor.
We German Social Democrats pledge ourselves solemnly in this historic hour to the principles of humanity and justice, of freedom and socialism. No enabling act can give you the power to destroy ideas which are eternal and indestructible.
Furious, Hitler jumped to his feet, and now the assembly received a real taste of the man.
You come late, but yet you come! [he shouted] … You are no longer needed … The star of Germany will rise and yours will sink. Your death knell has sounded…. I do not want your votes. Germany will be free, but not through you! [Stormy applause.]
The Social Democrats, who bore a heavy responsibility for the weakening of the Republic, would at least stick to their principles and go down—this one time—defiantly. But not the Center Party, which once had successfully defied the Iron Chancellor in the Kulturkampf. Monsignor Kaas, the party leader, had demanded a written promise from Hitler that he would respect the President’s power of veto. But though promised before the voting, it was never given. Nevertheless the Center leader rose to announce that his party would vote for the bill. Bruening remained silent. The vote was soon taken: 441 for, and 84 (all Social Democrats) against. The Nazi deputies sprang to their feet shouting and stamping deliriously and then, joined by the storm troopers, burst into the Horst Wessel song, which soon would take its place alongside “Deutschland ueber Alles” as one of the two national anthems:
Raise high the flags! Stand rank on rank together. Storm troopers march with steady, quiet tread….
Thus was parliamentary democracy finally interred in Germany. Except for the arrests of the Communists and some of the Social Democratic deputies, it was all done quite legally, though accompanied by terror. Parliament had turned over its constitutional authority to Hitler and thereby committed suicide, though its body lingered on in an embalmed state to the very end of the Third Reich, serving infrequently as a sounding board for some of Hitler’s thunderous pronunciamentos, its members henceforth hand-picked by the Nazi Party, for there were to be no more real elections. It was this Enabling Act alone which formed the legal basis for Hitler’s dictatorship. From March 23, 1933, on, Hitler was the dictator of the Reich, freed of any restraint by Parliament or, for all practical purposes, by the weary old President. To be sure, much remained to be done to bring the entire nation and all its institutions completely under the Nazi
heel, though, as we shall see, this also was accomplished with breathless speed and with crudeness, trickery and brutality.
“The street gangs,” in the words of Alan Bullock, “had seized control of the resources of a great modern State, the gutter had come to power.” But—as Hitler never ceased to boast—“legally,” by an overwhelming vote of Parliament. The Germans had no one to blame but themselves.
One by one, Germany’s most powerful institutions now began to surrender to Hitler and to pass quietly, unprotestingly out of existence.
The states, which had stubbornly maintained their separate powers throughout German history, were the first to fall. On the evening of March 9, two weeks before the passage of the Enabling Act, General von Epp, on orders from Hitler and Frick and with the help of a few storm troopers, turned out the government of Bavaria and set up a Nazi regime. Within a week Reich Commissars were appointed to take over in the other states, with the exception of Prussia, where Goering was already firmly in the saddle. On March 31, Hitler and Frick, using the Enabling Act for the first time, promulgated a law dissolving the diets of all states except Prussia and ordering them reconstituted on the basis of the votes cast in the last Reichstag election. Communist seats were not to be filled. But this solution lasted only a week. The Chancellor, working at feverish haste, issued a new law on April 7, appointing Reich Governors (Reichs-staathaelter) in all the states and empowering them to appoint and remove local governments, dissolve the diets, and appoint and dismiss state officials and judges. Each of the new governors was a Nazi and they were “required” to carry out “the general policy laid down by the Reich Chancellor.”
The Rise and Fall of the Third Reich: A History of Nazi Germany Page 32