The Rise and Fall of the Third Reich: A History of Nazi Germany (40 page)

   The Vice-Chancellor packed the aged President home in his own car and hurried off to. the burning building. In the meantime Goebbels, according to his account, had had second thoughts about Putzi Hanfstaengl’s “tall tale,” had made some telephone calls and learned that the Reichstag was in flames. Within a few seconds he and his Fuehrer were racing “at sixty miles an hour down the Charlottenburger Chaussee toward the scene of the crime.”

That it was a crime, a Communist crime, they proclaimed at once on arrival at the fire. Goering, sweating and puffing and quite beside himself with excitement, was already there ahead of them declaiming to heaven, as Papen later recalled, that “this is a Communist crime against the new government.” To the new Gestapo chief, Rudolf Diels, Goering shouted, “This is the beginning of the Communist revolution! We must not wait a minute. We will show no mercy. Every Communist official must be shot, where he is found. Every Communist deputy must this very night be strung up.”
⁶

The whole truth about the Reichstag fire will probably never be known. Nearly all those who knew it are now dead, most of them slain by Hitler in the months that followed. Even at Nuremberg the mystery could not be entirely unraveled, though there is enough evidence to establish beyond a reasonable doubt that it was the Nazis who planned the arson and carried it out for their own political ends.

From Goering’s Reichstag President’s Palace an underground passage, built to carry the central heating system, ran to the Reichstag building. Through this tunnel Karl Ernst, a former hotel bellhop who had become the Berlin S.A. leader, led a small detachment of storm troopers on the night of February 27 to the Reichstag, where they scattered gasoline and self-igniting chemicals and then made their way quickly back to the palace the way they had come. At the same time a half-witted Dutch Communist with a passion for arson, Marinus van der Lubbe, had made his way into the huge, darkened and to him unfamiliar building and set some small fires of his own. This feeble-minded pyromaniac was a godsend to the Nazis. He had been picked up by the S.A. a few days before after having been overheard in a bar boasting that he had attempted to set fire to several public buildings and that he was going to try the Reichstag next.

The coincidence that the Nazis had found a demented Communist arsonist who was out to do exactly what they themselves had determined to do seems incredible but is nevertheless supported by the evidence. The idea for the fire almost certainly originated with Goebbels and Goering. Hans Gisevius, an official in the Prussian Ministry of the Interior at the
time, testified at Nuremberg that “it was Goebbels who first thought of setting the Reichstag on fire,” and Rudolf Diels, the Gestapo chief, added in an affidavit that “Goering knew exactly how the fire was to be started” and had ordered him “to prepare, prior to the fire, a list of people who were to be arrested immediately after it.” General Franz Halder, Chief of the German General Staff during the early part of World War II, recalled at Nuremberg how on one occasion Goering had boasted of his deed.

Van der Lubbe, it seems clear, was a dupe of the Nazis. He was encouraged to try to set the Reichstag on fire. But the main job was to be done—without his knowledge, of course—by the storm troopers. Indeed, it was established at the subsequent trial at
Leipzig
that the Dutch half-wit did not possess the means to set so vast a building on fire so quickly. Two and a half minutes after he entered, the great central hall was fiercely burning. He had only his shirt for tinder. The main fires, according to the testimony of experts at the trial, had been set with considerable quantities of chemicals and gasoline. It was obvious that one man could not have carried them into the building, nor would it have been possible for him to start so many fires in so many scattered places in so short a time.

Van der Lubbe was arrested on the spot and Goering, as he afterward told the court, wanted to hang him at once. The next day Ernst Torgler, parliamentary leader of the Communists, gave himself up to the police when he heard that Goering had implicated him, and a few days later Georgi Dimitroff, a Bulgarian Communist who later became Prime Minister of Bulgaria, and two other Bulgarian Communists, Popov and Tanev, were apprehended by the police. Their subsequent trial before the Supreme Court at Leipzig turned into something of a fiasco for the Nazis and especially for Goering, whom Dimitroff, acting as his own lawyer, easily provoked into making a fool of himself in a series of stinging cross-examinations. At one point, according to the court record, Goering screamed at the Bulgarian, “Out with you, you scoundrel!”

   Torgler and the three Bulgarians were acquitted, though the German Communist leader was immediately taken into “protective custody,”
where he remained until his death during the second war. Van der Lubbe was found guilty and decapitated.
⁷

The trial, despite the subserviency of the court to the Nazi authorities, cast a great deal of suspicion on Goering and the Nazis, but it came too late to have any practical effect. For Hitler had lost no time in exploiting the
Reichstag
fire to the limit.

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.

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 glories 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.