A Lawyers Voice from Nazi Germany: Feb. to March 1940

I am continuing to read Letters to Freya, the letters of Helmuth James von Moltke to his wife from 1939 to 1945. Von Moltke was a lawyer who served as an adviser to the German high command. His letters from the first part of 1940 reflect his determination to prevent the invasion of the West. They show him using the tools of bureaucratic infighting to affect change in German policy. They show a lawyer working within the system, as opposed to plotting against his government.

Berlin 18 February 1940

I am still very worried. Last month's hopes have vanished, and instead a large number of unfortunate facts have come together. At the same time the stupidity in some high military quarters is so blatant that it is unbelievable. Against these sad spectacles in the public sector, the fact that I am now in a somewhat more useful position is only of minor importance.

Berlin 4 March 1940

The Wells conversations don't seem to have produced much. Yesterday afternoon he talked with Schacht. It's a devilish jam. But I believe less than ever in an attack in the West. Yet how is this paralysis to be overcome?

The Wells conversations refers to a diplomatic mission by U.S. Undersecretary of State Sumner Welles to try to broker a peace treaty. Von Molke's views are shared by the History Channel which stated, "In short, Welles' trip accomplished nothing."

Berlin 8 March 1940

Today I celebrated a great triumph. Yesterday's battle continued today and all the military stars were mobilized. Schuster succeeded finally in getting Keitel onto my line, and Keitel succeeded in getting the Fuhrer onto my line, at at 6.30 came a Fuhrer Order with my conclusion and with my arguments. It is a scandal that such a thing can happen without the whole government falling apart, for it really isn't feasible to have one minister sabotage the collective decision of all the other ministers. but a great disaster has been averted, and despite everything it gives me great satisfaction to think that many non-German women have your husband to thank for the continued existence of theirs. For at bottom this decision is entirely and solely your husband's against all the other ministries, and against my own superiors. Isn't that gratifying?

I have not been able to locate the specifics of the Fuhrer Order of March 8, 1940. However, since some of the Fuhrer Orders dealt with occupied territories, it is possible that this one had to do with treatment of prisoners in occupied territories.

Berlin 10 March 1940

Yesterday again my head was like a perpetuum mobile. I would not drop the things which are its main official concern. The struggle to prevent needless destruction absorbs me me so completely that I can't think of anything else. All last week stood under two slogans I had coined, which had both hit home. One is: Destruction that wins the war is warfare; destruction that doesn't open a prospect of winning the war barbarism. And the other is this: I want to win the war, you want successes to report; the two are incompatible.--It is a remarkable discovery that even in warfare only ethical principles have any prospect of proving right. Whoever thinks it otherwise has simply not thought it through.

At bottom my attitude to this war is that of an executor who is horrified to see heirs fighting over an inheritance that grows less and less because of the dispute. He sees the heirs putting all their energy into this quarrel and forgetting how to work usefully, and finally not only squandering their inheritance in the litigation but also wasting their own abilities in the battle. One sees all this and is obliged to try every way that may lead out of the quarrel. Every time one hopes there may be some way or other, it turns out not to be a way. And when one has has once more seen that it isn't a way, one thinks perhaps one didn't try everything, didn't search and consider and investigate carefully enough.

This letter reflects an interesting conflict. On the one hand, von Moltke is concerned about finding ethical principles. On the other hand, he is interested in winning the war. However, his definition of winning is bringing the conflict to an end as quickly as possible. His squabbling heirs analogy shows that he did not look favorably on the war effort.

Berlin 12 March 1940

Since Saturday I have been once more involved in a big fight against a certain strategic plan. I really made a terrific effort, but, alas, without any success. Tomorrow I want to take a break, because I simply can't go on anymore. I'm so tired that I have a headache, and there's no point in that.--Today I have thought out a new tactic to get the project taken up again. For that I must first get certain people, among them Burkner, Schuster, and Weichold, to read an old article by Schmitz. That will give me some breathing space and nothing more will happen until next week.

The editor of the book suggests that the "certain strategic plan" that von Moltke referred to was the invasion of Denmark and Norway. It is curious that the path to stemming an invasion of neutral countries is getting officials to read "an old article by Schmitz."

Berlin 17 March 1940

Today is a long and quiet day; or at least so I hope, for it is still morning. Your husband got up slowly, washed a little, had a delicious breakfast, and then listened to the Suite in B minor. I've already got very fond of it. Then I read the Bible a little more, an activity I pursue with more enjoyment now than ever before. It used to be all stories to me, at least the Old Testament; but now it is all contemporary to me. I find it so much more gripping than ever before. I used to be annoyed by the long drawn-out inessentials, but now I have learned that what matters can be expressed in one sentence or not at all. Therefore, when anyone tries to stretch out something essential, it's a sure sign that he can't say it at all.

It is interesting that as he becomes more involved in opposing the war effort, he begins to see the Bible as more than "all stories to me."

This post is already quite lengthy, so I will pick up with April and May 1940 in the next installment.