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Churchill and Montgomery Defend Nazi General: Archive of Reginald Paget, Defense Lawyer for Erich von Manstein
Churchill and Montgomery Defend Nazi General: Archive of Reginald Paget, Defense Lawyer for Erich von Manstein
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Description:

Erich von Manstein
various, various
Churchill and Montgomery Defend Nazi General: Archive of Reginald Paget, Defense Lawyer for Erich von Manstein
Archive
A fascinating archive of material pertaining to the historic trial of Prussian Wehrmacht Field Marshal Erich von Manstein and his unlikely, pro bono defense by Labour MP Reginald Paget, Baron Paget of Northampton. The archive includes Paget's proof copy of his work "Manstein: His Campaign and His Trial" (London: Collins, 1951), 8vo., partially unopened and specially bound in full red Morocco with raised band spine stamped in gilt. Head and heel of spine lightly rubbed and slight bumping to corners, otherwise very good. Ex. Collection of Steve Forbes.

Offered with an accompanying archive of material originally tipped into the volume and now detached from the book, namely: autograph letters signed by Winston S. Churchill, Bernard Law Montgomery, Hartley Shawcross, Hugh Trevor-Roper and other notable newspaper editors and reviewers of the book; five letters signed by Manstein himself; a signed letter of Manstein's comrade Theodor Busse; typescripts of various documents related to the trial; a signed photo of Manstein; British news clippings and propaganda; translated articles about the trial published in German newspaper editorials, a telegram of Manstein, and more. Both the book and dossier of accompanying materials are housed in two separate custom clamshell cases bound in linen, both of which are then slotted into a gorgeous box in the form of an antique book with overall dimensions of 10" x 14" x 4".

Condition of the items in this fantastic archive varies but overall are very good, with exceptions noted. Ex. Collection of Steve Forbes.

Reginald Paget, Baron Paget of Northampton (1908-1990) was a British attorney and Labour politician. Despite his family's history of producing Conservative Members of Parliament, the well-heeled and Eton-educated Paget chose to represent the Labour Party for Northampton, and served in that capacity from 1945-1971. His lengthy Parliamentary career aside, Paget is best-remembered for his defense of Prussian Field Marshal Erich von Manstein during his trial for war crimes in Hamburg from August 23 - December 29, 1949 in which he made the controversial defense that the trial was worked up for political, and not judicial, reasons and that therefore Manstein should not be convicted.

Erich von Manstein (1887-1973) was considered one of the most brilliant of World War II Wehrmacht commanders and even an "operational genius" by some. His early victories in the War included his Sichelschnitt ("sickle cut") invasion of France in 1941 and subsequent invasion of the Soviet Union. These were followed by the successful Erich von Manstein, but his significant victories were mixed in with some notable failures such as his command of the relief attempt during the disastrous Battle of Stalingrad, for example. While both Manstein and Paulus urged Hitler to withdraw after the Germans were pinned-in the city, Hitler, buoyed by Goering's promise of a robust Luftwaffe airdrop of supplies, did not and instead ordered Operation "Winter Storm." Manstein and Paulus saw the danger of the plan, but were afraid to defy to Hitler. With dwindling availability of aircraft and fuel combined with the crushing Russian cold, only a fraction of those needed arrived. The Germans were left surrounded and isolated, with no way to resupply or even break out. Manstein's subsequent victories were again overshadowed by his role in the significant Wehrmacht defeat at the Battle of Dnieper River. He was dismissed by Hitler on March 30, 1944.

Manstein was taken into British custody at the end of the war. He then testified in defense of fellow high-ranking Nazi military and political leaders in the Nuremburg Trials of 1946, but remained imprisoned in the British zone along with several other German generals until July, 1948 when Britain, under pressure from the Soviet Union, decided to prosecute them.

In 1947, Telford Taylor and other American war crimes prosecutors had forwarded information from the Nuremburg Trials about Manstein's complicity in war crimes to the British Ministry of War. The next year, he was charged with seventeen counts of war crimes including the deportation of Jews to camps, permitting the killing of Poles by the SS and SD and/or the failure to prevent both, maltreatment of prisoners of war under his command, and his role in the crimes perpetuated by the German Einsatzgruppen (death squads). He was brought to trial in Hamburg, which lasted from August 23 - December 19, 1949. Manstein's would be the last Nazi trial Britain would make during its occupation of Germany.

Paget's defense of Manstein has become legendary, and centered on the deceptively simple - and to some, negationist - claim that members of the military could not be found guilty of war crimes because they were doing what soldiers are trained to do: follow orders. As a career soldier and an aristocratic member of the Prussian military, Paget argued that Manstein's hand in World War II was militaristic only. He followed orders but was not compelled - logistically or morally -- to disobey orders given by government leaders that he disagreed with, in this case Hitler. Finally, Paget argued that Manstein, like most Germans, knew nothing of Hitler's programme of ethnic cleansing and genocide, occupied as he was in planning and leading soldiers into battle. Manstein, publicly stated that he found Hitler's racial policy "repugnant."

While Manstein was convicted of nine of the original seventeen counts and sentenced to 18 years' imprisonment, the three counts pertaining directly to the extermination of Jews were not among those, and neither were those pertaining to personal conduct during the war. He was, however, convicted of deportation and the use of Soviet prisoners of war for forced labor, failure to protect his troops from harm, and the endangerment of civilians by his use of "scorched earth" tactics. Manstein was imprisoned until 1953, then released on account of health.

Manstein's verdict and sentencing showed the vulnerability of Paget's defense utilizing the idea of a "clean Wehrmacht," and upheld the belief that even without direct knowledge of the Einsatzgruppen or the Final Solution, Manstein's actions as a high-ranking military commander could not be separated from the political actions of Hitler.

The trial and subsequent verdict was met with approval by the general public, which was pleased for "proof" of the Wehrmacht's complicity in Nazi crimes against humanity…but it was also not without its critics, some of whom emerged in unlikely, and very vocal, form.

The most public of these was former Prime Minister Winston Churchill, whose letter of thanks to Paget is included in this archive. Now a Conservative MP, Churchill with his associates sought to bring the trial to a swift and clean end and to "draw the sponge across the crimes and horrors of the past" in the efforts to cement a peaceful Europe. This political pragmatism was part and parcel of the ideology of de-nazification that started with Nuremburg and is still in motion today in Germany's widely-publicized capture and prosecution of now-elderly participants in the Holocaust.
Manstein's trial also created a touchstone for Britain's nascent involvement with the politics of the Cold War, and her also her adoption of a uniquely British version of Germany's own reaction to the atrocities of the War and particularly the figure of Hitler: the desire to sweep them under the rug, with the ironic concomitant urge to highlight the worst of the worst in a hand-wringing show of contrition.

In his typed letter signed, one page, 7.5" x 9.25", Kent, Sept. 19, 1951, Churchill thanks Paget for a copy of his book, and adds: "..I had no idea you were the grandson of the author of 'NEW EXAMEN'. It is certainly one of the most remarkable studies ever written about Marlborough, and I well remember Lord Roseberry urging me to write Marlborough's life and saying 'If you have any doubts about it read Paget's 'EXAMEN'…If I should at some time or other characterize one of your speeches as 'another case of Paget's Examen,' I am sure you will not be offended…". Bears cello tape reinforcements to verso, clear of signature.

For Churchill, the opposition to the trial may have hinged on his awareness of Britain's urgent need for reconciliation with German in light of the possibility of conflict with the Soviet Union. But for the other notable supporter of Manstein included in our archive, Bernard Law Montgomery, the matter hinged on the post-war treatment of the military arm of the War. A letter of thanks from Montgomery is also included in this archive.

Montgomery, a celebrated field marshal who is typically ranked with the "best of the best" of World War II along with Patton and Patch, and also among the more controversial leaders such as Zhukov and - dare we say - Rommel. He condemned the trial as an affront those who put their lives on the line in the spirit of military obeyance. For them, Manstein's trial could be viewed as a miscarriage of "victor's justice" -- an opinion shared by many outside of the military as well. For example, a similar argument was made by British author and politician William Douglas-Home (1912-1992), an opponent of Churchill's aim of the unconditional surrender of Germany, in a December 1949 article of "The Times."

Montgomery writes an autograph letter signed "Montgomery of Alamein," one page, Murren, Switzerland, Jan. 28, 1952, on his Supreme Commander letterhead thanking Paget for the copy of his book. In part: "…the book…has accompanied me here and I have begun to read it. I am sure I shall find it immensely interesting. I had heard much about it before we met in Paris on 15th January. I do not expect to be in London for some time…I will be very glad to dine with you in due course…". Tape remains to top and bottom margins, one lightly affecting signature.

The archive also includes a letter of Maurice Hankey, 1st Baron Hankey, who wrote the preface for Paget's work. Hankey (1877-1963) is best remembered as top aide to Prime Minister David Lloyd George during World War I. After a lengthy career in government, Hankey retired in 1941. He became an outspoken critic of war crimes trials, especially those in Tokyo.

Manstein's trial did not fail to escape Hankey's condemnation, and in his Preface to Paget's work he adds the Nuremburg trials to the growing list of "shabby episodes when the national character falls below its accustomed standards of chivalry, honour and common sense…and [Manstein] above all to be tried by a Court which included no officer who had exercised the Command in prolonged battle." Hankey's letter forwards to Paget an article and adds "I enjoyed our talk."

Other fans of Paget such as English historian Hugh Trevor-Roper (1914-2003) praise Paget for his volume, writing, in an autograph letter signed, two pages, 5" x 8", Oxford, September 9, 1951, in part: "…I have read your book on Manstein with great interest and also with great care (which is more than Sir. H. Shawcross seems to have done - he really ought to get his solicitors to read the book and brief him correctly before he speaks), and would like to tell you how glad I am you have written it…".

An archive about Manstein would not be complete without a few words from the accused Field Marshal himself, and included are five autograph and typed letters signed spanning the years 1949 - 1959, in various formats, all profusely thanking Paget for his work on his behalf. Manstein's typed letter signed of January 12, 1949, two pages, 8" x 11", Hamburg, Jan. 12, 1949, in English, directly acknowledges the brilliance of Paget's closing argument: "…I have twice read your closing brief in English…My thanks and my admiration are…not only for the way you carried through my defence. They are also for the man who so unselfishly sacrificed time and spared no labor to help the aims of true justice…I thank you for so clearly illustrating the thoughts and feelings of a soldier, and for emphasizing without the prejudice the soldiers unavoidable duty to obey…"

With much more content, and most worthy of further study.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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