Hitler
The second part of Schleicher’s deal with Hitler, the lifting of the ban on the SA and SS, eventually took place, after some delay, on 16 June. The ban was already by then being openly flouted. Its lifting ushered in a summer of political violence throughout Germany such as had never been seen before. The latent civil war that had existed throughout the Weimar Republic was threatening to become an actual civil war. Armed clashes and streetfighting between the SA and the Communists were daily occurrences. Nazi violence, it might be thought, ought to have put off the ‘respectable’ bourgeois following it was increasingly attracting. But since such Nazi supporters saw the threat as lying on the Left, the anti-Communist thuggery purporting to serve the interests of the nation alienated remarkably few voters.
The level of violence was frightening. In the second half of June, after the lifting of the SA ban, there were seventeen politically motivated murders. During July, there were a further eighty-six killings, mainly Nazis and Communists. The numbers of those seriously injured rose into the hundreds.
The Papen government immediately took up plans it had temporarily postponed to depose the Prussian government, still headed by the Social Democrat Otto Braun with another Socialist, Carl Severing, as Interior Minister, and placed the largest state in Germany in the hands of a Reich Commissar. On 20 July, representatives of the Prussian government were told that they were deposed, and that Papen was now acting as Reich Commissar for Prussia. The biggest and most important state, and the vital bulwark of Social Democracy, capitulated without resistance. Papen’s destruction of the Prussian bastion without a blow being raised in anger was undertaken by conservatives, not Nazis. But it set the model for the takeover of power in the states more than six months before Hitler became Chancellor.
Meanwhile, Hitler’s party had entered upon its fourth election campaign within four months. Goebbels had claimed in mid-April that shortage of money was hindering propaganda. There was little sign of either money or energy being spared, however, as the propaganda machine was cranked up once more. A novel touch was the use of film propaganda and production of 50,000 gramophone records of an ‘Appeal to the Nation’ by Hitler. There was awareness that boredom with the constant electioneering was setting in. Hitler began a speaking marathon in fifty-three towns and cities during his third ‘Germany Flight’. His theme was unchanged: the parties of the November Revolution had presided over the untold ruin of every aspect of German life; his own party was the only one that could rescue the German people from its misery.
When the results were declared on 31 July, the Nazis could record another victory – of sorts. They had increased their share of the vote to 37.4 per cent. This made them, with 230 seats, easily the largest party in the Reichstag. The Socialists had lost votes, compared with 1930; the KPD and Zentrum had made slight gains; the collapse of the bourgeois parties of the centre and right had advanced still further.
The victory for the Nazis was, however, only a pyrrhic one. Compared with the Reichstag election results of 1930, let alone 1928, their advance was indeed astonishing. But from a more short-term perspective the outcome of the July election could even be regarded as disappointing. They had scarcely improved on the support they had won in the second presidential election and in the April state elections.
On 2 August, Hitler was still uncertain what to do. Within two days, while at Berchtesgaden, he had decided how to play his hand. He arranged a meeting with Schleicher in Berlin to put his demands: the Chancellorship for himself, Interior Ministry for Frick, Air Ministry for Göring, Labour Ministry for Strasser, and a Ministry for the People’s Education for Goebbels. He was confident that ‘the barons would give way’. But he left a question mark over the response of ‘the old man’, Hindenburg.
The secret negotiations with Reichswehr Minister Schleicher, at Fürstenberg, fifty miles north of Berlin, lasted for several hours on 6 August. When Hitler reported back to other Nazi leaders gathered at Berchtesgaden, he was confident. ‘Within a week the matter will burst open,’ thought Goebbels. ‘Chief will become Reich Chancellor and Prussian Minister President, Strasser Reich and Prussian Interior, Goebbels Prussian and Reich Education, Darré Agriculture in both, Frick state secretary in the Reich Chancellery, Göring Air Ministry. Justice [Ministry] stays with us. Warmbold Economy. Crosigk [i.e. Schwerin von Krosigk] Finance. Schacht Reichsbank. A cabinet of men. If the Reichstag rejects the enabling act, it will be sent packing. Hindenburg wants to die with a national cabinet. We will never give up power again. They’ll have to carry us out as corpses … I still can’t believe it. At the gates of power.’
The deal with Schleicher appeared to offer Hitler all he wanted. It was not total power. But there was little left wanting so far as internal power and control over domestic politics was concerned. From Schleicher’s point of view, the concession of a Hitler Chancellorship was a significant one. But the Reichswehr Minister presumably reckoned that as long as the army remained under his own control, Hitler could be kept in check, and would provide the popular basis for an authoritarian regime in which he himself would continue to be the éminence grise. The prospect of a civil war, into which the Reichswehr might be drawn, would recede sharply. And the teeth of the Nazis would be drawn by the inevitable compromises they would have to make in the face of the realities of political responsibility. Such was the thinking behind all variants of a ‘taming strategy’ which would unfold over the following months.
Nazi supporters scented triumph. The whole party expected power, it was reported by telephone from Berlin. ‘If things go badly, there’ll be a dreadful backlash,’ commented Goebbels.
On 11 August, Hitler held a last conference with party leaders at Prien on the Chiemsee, the biggest of the Bavarian lakes, eighty or so miles east of Munich, close to the Austrian border. He was by now aware of the growing opposition in the corridors of power to his Chancellorship. There was still the possibility of threatening a coalition with the Zentrum. But Hitler was adamant that nothing less than the Chancellorship would do. After resting in his flat in Munich, he travelled next day to Berlin by car to avoid all publicity. Rohm had meetings with Schleicher and Papen that day, 12 August, but his soundings about a Hitler Chancellorship were inconclusive. Hitler arrived in darkness at Goebbels’s house in Caputh, on the outskirts of Berlin, in the late evening. He was told that matters were still unresolved after Röhm’s meetings. It was now ‘either-or’, he insisted. But if it had been as simple as that, he would not have spent what was left of the evening pacing up and down, pondering how much hinged on the decision of the Reich President. It was clear to Goebbels what was at stake. Unless Hitler were to be given extensive power, meaning the Chancellorship, he would have to refuse office. In that case, ‘a mighty depression in the movement and in the electorate would be the consequence’. He added: ‘And we have only this one iron in the fire.’
The following morning, 13 August, accompanied by Röhm, Hitler met Schleicher, followed shortly afterwards, this time together with Frick, by a meeting with Chancellor Papen. He was informed by both that Hindenburg was not prepared to appoint him Chancellor. ‘I soon realized that I was dealing with a very different man from the one I had met two months earlier,’ Papen recalled. ‘The modest air of deference had gone, and I was faced by a demanding politician who had just won a resounding electoral success.’ Papen suggested Hitler join the government as Vice-Chancellor. The alternative of continued opposition, he argued (convinced that support for the NSDAP had peaked), would surely mean that his party’s campaign would start to flag. Whereas, in the event of Hitler’s fruitful cooperation and ‘once the President had got to know him better’, so Papen later wrote, he would be prepared to resign the Chancellorship in the Nazi leader’s favour. Hitler rejected point-blank the notion of the head of such a large movement playing second fiddle, and was if anything even more dismissive of the idea that he might consider staying in opposition but allowing one of his associates to take up the post of Vice-Chancellor. Papen advised hi
m at the end of the meeting, at times heated, that the decision was the Reich President’s, but he would have to inform Hindenburg that the discussions had led to no positive outcome.
Hitler and his entourage, gathered in Goebbels’s house on the Reichskanzlerplatz, had by now, not surprisingly, become pessimistic. They could do nothing but wait. When State Secretary Planck rang from the Reich Chancellery around three o’clock, he was asked whether there was any point in Hitler seeing the Reich President, since the decision had evidently been taken. He was told that Hindenburg wanted first to speak to him. Perhaps there was still a chance. Hundreds were gathered in Wilhelmstraße as Hitler arrived at the Presidential Palace for his audience, set for 4.15 p.m. Hindenburg was correct, but cool. According to the notes made by Hindenburg’s State Secretary, Otto Meissner, Hitler was asked whether he was prepared to serve in Papen’s government. His cooperation would be welcome, the President stated. Hitler declared that, for the reasons he had given to the Chancellor in full that morning, there was no question of his involvement in the existing government. Given the significance of his movement, he must demand the leadership of the government and ‘the leadership of the state to its full extent for himself and his party’. The Reich President firmly refused. He could not answer, he said, before God, his conscience and the Fatherland if he handed over the entire power of the government to a single party, and one which was so intolerant towards those with different views. He was also worried about unrest at home and the likely impact abroad. When Hitler repeated that for him every other solution was ruled out, Hindenburg advised him then to conduct his opposition in a gentlemanly fashion, and that all acts of terror would be treated with utmost severity. In a gesture of pathos more than political reality, he shook Hitler’s hand as ‘old comrades’. The meeting had lasted a mere twenty minutes. Hitler had controlled himself. But outside, in the corridor, he threatened to explode. Events would inexorably lead to the conclusion he had put forward and to the fall of the President, he declared. The government would be put in an extremely difficult position, the opposition would be fierce, and he would accept no responsibility for the consequences.
Hitler was aware that he had suffered a major political defeat. It was his greatest setback since the failure of the putsch, nine years earlier. The strategy he had followed all those years, that mobilizing the masses – his natural instinct, and what he did best – would suffice to gain power, had proved a failure. He had taken his party into a cul-de-sac. The breakthrough had been made. The NSDAP’s rise to the portals of power had been meteoric. He had just won a crushing election victory. But he had been flatly rejected as Reich Chancellor by the one person whose assent, under the Weimar Constitution, was indispensable: Reich President Hindenburg. The ‘all-or-nothing’ gamble had left Hitler with nothing. With a tired, depressed, desperately disappointed, and fractious party, the prospect of continued opposition was not an enticing one. But it was all that was left. Even given new elections, the chances were that it would prove difficult to hold on to the level of support already mobilized.
The 13th of August 1932 ought to have been a defining moment in Hitler’s bid for power. After that, it should never have come to a 30th of January 1933. Without allies in high places, able eventually to persuade the Reich President to change his mind, Hitler would never – even as head of a huge movement, and with over 13 million supporters in the country – have been able to come to power. That the Chancellorship was refused Hitler after he had won a victory, and handed to him after he had suffered a defeat (in the ensuing Reichstag election in November), was not attributable to any ‘triumph of the will’.
9
Levered into Power
I
Hitler took the events of 13 August ‘as a personal defeat’. His anger and humiliation was intensified by the government’s deliberately brusque communiqué – instigated by Schleicher – on the meeting, which had briefly emphasized Hindenburg’s rebuff of Hitler’s demand for total power. Hitler’s pedantically correct, piqued rejoinder could only claim that he had not demanded ‘total’ power. At the time, his anger was chiefly directed at Papen. Sent a few days later to intercede with Hitler, by then staying at Obersalzberg, Joachim von Ribbentrop – the vain and humourless future Reich Foreign Minister, on his upward career path not least through his marriage to the heiress of Germany’s biggest Sekt manufacturers, Henkel, and a recent recruit to the NSDAP – found him ‘full of resentment towards Herr von Papen and the entire cabinet in Berlin’. But if the events of January 1933 were to redeem Papen, Schleicher would emerge as the central target of Nazi aggression for his role in the months between August 1932 and January 1933. His manoeuvrings behind the scenes, particularly his ‘betrayal’ in August which had led to Hitler’s humiliation, were not forgotten. He would pay for them with his life.
As usual, Hitler had the capacity to channel disappointment and depression into outright aggression. Open opposition to the hated Papen government was now proclaimed. The shadow-boxing of the summer was over.
Within days, Hitler had an opportunity to turn attention away from the debacle of his audience with Hindenburg. On 10 August, a group of SA men had murdered an unemployed labourer and Communist sympathizer in the Silesian village of Potempa. The murder was carried out with extraordinary savagery, and in front of the victim’s mother and brother. As so often, personal and political motives intermingled. Horrifically brutal though the killing was, it is an indication of how far public order had collapsed that the event was in itself little more than a routine act of terror in the awful summer of 1932, symptomatic of the climate of violence in near-civil war conditions. No one took particular notice of it at first. Given a list of three dozen acts of political violence recorded in a single day and night around the time, the Potempa incident did not stand out. However, the murder had been committed an hour and a half after the Papen government’s emergency decree to combat terrorism had come into effect. This prescribed the death penalty for premeditated political murder and set up special courts to provide swift justice for cases arising under the decree. The trial took place at Beuthen in a tense atmosphere and amid great publicity between 19 and 22 August, ending with the pronouncement of the death penalty on five of the accused. To inflame feelings in the Nazi camp still further, two Reichsbanner men were given relatively light sentences on the very same day for killing two SA men during disturbances in Ohlau in July. These murders had not been premeditated, and had taken place before Papen’s emergency decree. But such differences naturally did not weigh among Hitler’s supporters. The Potempa murderers were portrayed as martyrs. The local SA leader, Heines, threatened an uprising if the death sentences were to be carried out. His rabble-rousing tirade incited the crowd to break the windows of Jewish-owned shops in Beuthen and attack the offices of the local SPD newspaper. In this heated atmosphere, Goöring praised the condemned men and provided money for their families. Röhm was dispatched to visit them in jail. On 23 August, Hitler himself sent the telegram that caused a sensation. ‘My comrades!’ he wrote, ‘in view of this most monstrous verdict in blood, I feel tied to you in unbounded loyalty. Your freedom is from this moment on a question of our honour. The struggle against a government under which this was possible is our duty!’ The head of Germany’s largest political party was publicly expressing solidarity with convicted murderers. It was a scandal Hitler had to take on board. Not to have sympathized with the Potempa murders would have risked alienating his SA in a particularly sensitive area, Silesia, and at a time when it was vitally important to keep the restless stormtroopers on the leash.
The next day, Hitler put out a proclamation castigating the Papen cabinet, and taking the opportunity to turn the events of 13 August on their head by claiming his own refusal to participate in a government capable of such sentences. ‘Those of you who possess a feel for the struggle for the honour and freedom of the nation will understand why I refused to enter this bourgeois government,’ he declared. ‘With this deed, our attitu
de towards this national cabinet is prescribed once and for all.’
In the event, Papen, acting in his capacity as Reich Commissar in Prussia, backed down and had the death sentences for the Potempa murderers commuted into life imprisonment – a decision which Papen himself acknowledged was political rather than legal. The murderers were freed under a Nazi amnesty as early as March 1933.
The Potempa affair had cast glaring light, at precisely the juncture where the power-brokers were still examining ways and means of incorporating Hitler in government, on Nazi attitudes towards the law. But such unmistakable indications of what a Hitler government would mean for the rule of law in Germany posed no deterrent to those who still thought the only way out of the crisis was somehow to involve the Nazis in the responsibility of public office.
Hitler’s rejection of anything less than the office of Chancellor had not only created difficulties for the NSDAP. The problems for the government were now acute. Schleicher had now given up the idea of a Hitler Chancellorship as long as Hindenburg remained Reich President. Papen, himself resolutely opposed, took Hindenburg’s continued opposition for granted. Only two possibilities, neither attractive, appeared to remain. The first was a coalition of Zentrum and National Socialists. Feelers were put out from the Zentrum about such a possibility following the events of 13 August. It never stood much chance of emerging as a solution. The Zentrum continued to insist that the NSDAP concede the Chancellorship, but a Hitler Chancellorship had meanwhile become a ‘question of honour’. Hitler was unwilling now, as he was to be following the November elections when the possibility was once more raised, of heading a government dependent upon Reichstag majorities for support. In any case, the thought of a reversion to parliamentary government was anathema to Hindenburg and his advisers.
The second alternative was to persevere with a ‘cabinet of struggle’ without any hope of support in the Reichstag, where the Nazis and Communists together prevailed over a ‘negative majority’. This implied going ahead with plans, first advanced by Interior Minister Freiherr Wilhelm von Gayl earlier in August, for dissolving the Reichstag and postponing new elections in order to provide time to undertake a far-reaching reduction in the powers of the Reichstag through restricted franchise and a two-chamber system with a non-elected first chamber. The intention was to end ‘party rule’ once and for all. Necessary for such a drastic step were the support of the Reich President and the backing of the army to combat the expected opposition from the Left and possibly also from National Socialists. This solution for a dissolution of the Reichstag and postponement – in breach of the Constitution – of elections beyond the sixty-day limit prescribed, was put to Hindenburg by Papen at a meeting in Neudeck on 30 August. Schleicher and Gayl were also present. Hindenburg gave Papen the dissolution order without ado, and also agreed to the unconstitutional postponement of new elections on the grounds of a national state of emergency. Some leading constitutional lawyers – most prominent among them Carl Schmitt, the renowned constitutional theorist who in 1933 would place himself at the service of the Third Reich – were ready with their legal arguments to back the introduction of an authoritarian state through such a device.