CIVIL DISABILITIES OF THE JEWS

(January 1831) _Statement of the Civil Disabilities and Privations

affecting Jews in England. 8vo. London: 1829._

|THE distinguished member of the House of Commons, who, towards the

close of the late Parliament, brought forward a proposition for the

relief of the Jews, has given notice of his intention to renew it. The

force of reason, in the last session, carried the measure through one

stage in spite of the opposition of power. Reason and power are now

on the same side; and we have little doubt that they will conjointly

achieve a decisive victory. In order to contribute our share to the

success of just principles, we propose to pass in review, as rapidly as

possible, some of the arguments, or phrases claiming to be arguments,

which have been employed to vindicate a system full of absurdity and

injustice.

The constitution, it is said, is essentially Christian; and therefore

to admit Jews to office is to destroy the constitution. Nor is the Jew

injured by being excluded from political power. For no man has any right

to power. A man has a right to his property; a man has a right to be

protected from personal injury. These rights the law allows to the Jew;

and with these rights it would be atrocious to interfere. But it is a

mere matter of favour to admit any man to political power; and no man

can justly complain that he is shut out from it.

We cannot but admire the ingenuity of this contrivance for shifting

the burden of the proof from those to whom it properly belongs, and who

would, we suspect, find it rather cumbersome. Surely no Christian

can deny that every human being has a right to be allowed every

gratification, which produces no harm to others, and to be spared every

mortification which produces no good to others. Is it not a source of

mortification to a class of men that they are excluded from political

power? If it be, they have, on Christian principles, a right to be freed

from that mortification, unless it can be shown that their exclusion

is necessary for the averting of some greater evil. The presumption is

evidently in favour of toleration. It is for the prosecutor to make out

his case.

The strange argument which we are considering would prove too much even

for those who advance it. If no man has a right to political power,

then neither Jew nor Gentile has such a right. The whole foundation of

government is taken away. But if government be taken away, the property

and the persons of men are insecure; and it is acknowledged that men

have a right to their property and to personal security. If it be right

that the property of men should be protected, and if this can only

be done by means of government, then it must be right that government

should exist. Now there cannot be government unless some person or

persons possess political power. Therefore it is right that some person

or persons should possess political power. That is to say, some person

or persons must have a right to political power.

It is because men are not in the habit of considering what the end of

government is, that Catholic disabilities and Jewish disabilities

have been suffered to exist so long. We hear of essentially Protestant

governments and essentially Christian governments, words which mean

just as much as essentially Protestant cookery, or essentially Christian

horsemanship. Government exists for the purpose of keeping the peace,

for the purpose of compelling us to settle our disputes by arbitration

instead of settling them by blows, for the purpose of compelling us to

supply our wants by industry instead of supplying them by rapine.

This is the only operation for which the machinery of government is

peculiarly adapted, the only operation which wise governments ever

propose to themselves as their chief object. If there is any class

of people who are not interested, or who do not think themselves

interested, in the security of property and the maintenance of order,

that class ought to have no share of the powers which exist for the

purpose of securing property and maintaining order. But why a man should

be less fit to exercise those powers because he wears a beard, because

he does not eat ham, because he goes to the synagogue on Saturdays

instead of going to the church on Sundays, we cannot conceive.

The points of difference between Christianity and Judaism have very much

to do with a man’s fitness to be a bishop or a rabbi. But they have

no more to do with his fitness to be a magistrate, a legislator, or a

minister of finance, than with his fitness to be a cobbler. Nobody has

ever thought of compelling cobblers to make any declaration on the true

faith of a Christian. Any man would rather have his shoes mended by

a heretical cobbler than by a person who had subscribed all the

thirty-nine articles, but had never handled an awl. Men act thus, not

because they are indifferent to religion, but because they do not see

what religion has to do with the mending of their shoes. Yet religion

has as much to do with the mending of shoes as with the budget and the

army estimates. We have surely had several signal proofs within the last

twenty years that a very good Christian may be a very bad Chancellor of

the Exchequer.

But it would be monstrous, says the persecutors, that Jews

should legislate for a Christian community. This is a palpable

misrepresentation. What is proposed is, not that the Jews should

legislate for a Christian community, but that a legislature composed

of Christians and Jews should legislate for a community composed of

Christians and Jews. On nine hundred and ninety-nine questions out of a

thousand, on all questions of police, of finance, of civil and criminal

law, of foreign policy, the Jew, as a Jew, has no interest hostile to

that of the Christian, or even to that of the Churchman. On questions

relating to the ecclesiastical establishment, the Jew and the Churchman

may differ. But they cannot differ more widely than the Catholic and

the Churchman, or the Independent and the Churchman. The principle that

Churchmen ought to monopolise the whole power of the State would at

least have an intelligible meaning. The principle that Christians ought

to monopolise it has no meaning at all. For no question connected with

the ecclesiastical institutions of the country can possibly come before

Parliament, with respect to which there will not be as wide a difference

between Christians as there can be between any Christian and any Jew.

In fact the Jews are not now excluded from political power. They possess

it; and as long as they are allowed to accumulate large fortunes, they

must possess it. The distinction which is sometimes made between civil

privileges and political power is a distinction without a difference.

Privileges are power. Civil and political are synonymous words, the

one derived from the Latin, the other from the Greek. Nor is this mere

verbal quibbling. If we look for a moment at the facts of the case, we

shall see that the things are inseparable, or rather identical.

That a Jew should be a judge in a Christian country would be most

shocking. But he may be a juryman. He may try issues of fact; and no

harm is done. But if he should be suffered to try issues of law, there

is an end of the constitution. He may sit in a box plainly dressed, and

return verdicts. But that he should sit on the bench in a black gown

and white wig, and grant new trials, would be an abomination not to

be thought of among baptized people. The distinction is certainly most

philosophical.

What power in civilised society is so great as that of the creditor over

the debtor? If we take this away from the Jew, we take away from him the

security of his property. If we leave it to him, we leave to him a power

more despotic by far than that of the King and all his Cabinet.

It would be impious to let a Jew sit in Parliament. But a Jew may make

money; and money may make members of Parliament. Gatton and Old Sarum

may be the property of a Hebrew. An elector of Penryn will take ten

pounds from Shylock rather than nine pounds nineteen shillings and

eleven-pence three farthings from Antonio. To this no objection is made.

That a Jew should possess the substance of legislative power, that he

should command eight votes on every division as if he were the great

Duke of Newcastle himself, is exactly as it should be. But that he

should pass the bar and sit down on those mysterious, cushions of green

leather, that he should cry “hear” and “order,” and talk about being on

his legs, and being, for one, free to say this and to say that, would be

a profanation sufficient to bring ruin on the country.

That a Jew should be privy-councillor to a Christian king would be an

eternal disgrace to the nation. But the Jew may govern the money-market,

and the money-market may govern the world. The Minister may be in doubt

as to his scheme of finance till he has been closeted with the Jew.

A congress of sovereigns may be forced to summon the Jew to their

assistance. The scrawl of the Jew on the back of a piece of paper may be

worth more than the royal word of three kings, or the national faith of

three new American republics. But that he should put Right Honourable

before his name would be the most frightful of national calamities.

It was in this way that some of our politicians reasoned about the Irish

Catholics. The Catholics ought to have no political power. The sun of

England is set for ever if the Catholics exercise political power. Give

the Catholics everything else; but keep political power from them.

These wise men did not see that, when everything else had been given,

political power had been given. They continued to repeat their cuckoo

song, when it was no longer a question whether Catholics should

have political power or not, when a Catholic association bearded the

Parliament, when a Catholic agitator exercised infinitely more authority

than the Lord Lieutenant.

If it is our duty as Christians to exclude the Jews from political

power, it must be our duty to treat them as our ancestors treated them,

to murder them, and banish them, and rob them. For in that way, and in

that way alone, can we really deprive them of political power. If we do

not adopt this course, we may take away the shadow, but we must leave

them the substance. We may do enough to pain and irritate them; but we

shall not do enough to secure ourselves from danger, if danger really

exists. Where wealth is, there power must inevitably be.

The English Jews, we are told, are not Englishmen. They are a

separate people, living locally in this island, but living morally and

politically in communion with their brethren who are scattered over all

the world. An English Jew looks on a Dutch or a Portuguese Jew as his

countryman, and on an English Christian as a stranger. This want of

patriotic feeling, it is said, renders a Jew unfit to exercise political

functions.

The argument has in it something plausible; but a close examination

shows it to be quite unsound. Even if the alleged facts are admitted,

still the Jews are not the only people who have preferred their sect to

their country. The feeling of patriotism, when society is in a healthful

state springs up, by a natural and inevitable association, in the minds

of citizens who know that they owe all their comforts and pleasures to

the bond which unites them in one community. But, under a partial and

oppressive Government, these associations cannot acquire that strength

which they have in a better state of things. Men are compelled to seek

from their party that protection which they ought to receive from their

country, and they, by a natural consequence, transfer to their party

that affection which they would otherwise have felt for their country.

The Huguenots of France called in the help of England against their

Catholic kings. The Catholics of France called in the help of Spain

against a Huguenot king. Would it be fair to infer, that at present the

French Protestants would wish to see their religion made dominant by the

help of a Prussian or an English army? Surely not, and why is it that

they are not willing, as they formerly were willing, to sacrifice

the interests of their country to the interests of their religious

persuasion? The reason is obvious: they were persecuted then, and are

not persecuted now. The English Puritans, under Charles the First,

prevailed on the Scotch to invade England. Do the Protestant Dissenters

of our time wish to see the Church put down by an invasion of foreign

Calvinists? If not, to what cause are we to attribute the change? Surely

to this, that the Protestant Dissenters are far better treated now than

in the seventeenth century. Some of the most illustrious public men that

England ever produced were inclined to take refuge from the tyranny of

Laud in North America. Was this because Presbyterians and Independents

are incapable of loving their country? But it is idle to multiply

instances. Nothing is so offensive to a man who knows anything of

history or of human nature as to hear those who exercise the powers

of government accuse any sect of foreign attachments. If there be

any proposition universally true in politics it is this, that foreign

attachments are the fruit of domestic misrule. It has always been the

trick of bigots to make their subjects miserable at home, and then to

complain that they look for relief abroad; to divide society, and to

wonder that it is not united; to govern as if a section of the State

were the whole, and to censure the other sections of the State for their

want of patriotic spirit. If the Jews have not felt towards England like

children, it is because she has treated them like a step-mother. There

is no feeling which more certainly develops itself in the minds of men

living under tolerably good government than the feeling of patriotism.

Since the beginning of the world, there never was any nation, or any

large portion of any nation, not cruelly oppressed, which was wholly

destitute of that feeling. To make it therefore ground of accusation

against a class of men, that they are not patriotic, is the most vulgar

legerdemain of sophistry. It is the logic which the wolf employs against

the lamb. It is to accuse the mouth of the stream of poisoning the

source.

If the English Jews really felt a deadly hatred to England, if the

weekly prayer of their synagogues were that all the curses denounced

by Ezekiel on Tyre and Egypt might fall on London, if, in their solemn

feasts, they called down blessings on those who should dash their

children to pieces on the stones, still, we say, their hatred to their

countrymen would not be more intense than that which sects of Christians

have often borne to each other. But in fact the feeling of the Jews

is not such. It is precisely what, in the situation in which they are

placed, we should expect it to be. They are treated far better than

the French Protestants were treated in the sixteenth and seventeenth

centuries, or than our Puritans were treated in the time of Laud. They,

therefore, have no rancour against the Government or against their

countrymen. It will not be denied that they are far better affected to

the State than the followers of Coligni or Vane. But they are not so

well treated as the dissecting sects of Christians are now treated in

England; and on this account, and, we firmly believe, on this account

alone, they have a more exclusive spirit. Till we have carried the

experiment further, we are not entitled to conclude that they cannot be

made Englishmen altogether. The statesman who treats them as aliens, and

then abuses them for not entertaining all the feelings of natives, is

as unreasonable as the tyrant who punished their fathers for not making

bricks without straw.

Rulers must not be suffered thus to absolve themselves of their solemn

responsibility. It does not lie in their mouths to say that a sect is

not patriotic. It is their business to make it patriotic. History and

reason clearly indicate the means. The English Jews are, as far as we

can see, precisely what our Government has made them. They are precisely

what any sect, what any class of men, treated as they have been treated,

would have been. If all the red-haired people in Europe had, during

centuries, been outraged and oppressed, banished from this place,

imprisoned in that, deprived of their money, deprived of their teeth,

convicted of the most improbable crimes on the feeblest evidence,

dragged at horses’ tails, hanged, tortured, burned alive, if, when

manners became milder, they had still been subject to debasing

restrictions and exposed to vulgar insults, locked up in particular

streets in some countries, pelted and ducked by the rabble in others,

excluded everywhere from magistracies and honours, what would be the

patriotism of gentlemen with red hair? And if, under such circumstances,

a proposition were made for admitting red-haired men to office, how

striking a speech might an eloquent admirer of our old institutions

deliver against so revolutionary a measure! “These men,” he might say,

“scarcely consider themselves as Englishmen. They think a red-haired

Frenchman or a red-haired German more closely connected with them than

a man with brown hair born in their own parish. If a foreign sovereign

patronises red hair, they love him better than their own native king.

They are not Englishmen: they cannot be Englishmen: nature has forbidden

it: experience proves it to be impossible. Right to political power they

have none; for no man has a right to political power. Let them enjoy

personal security; let their property be under the protection of the

law. But if they ask for leave to exercise power over a community of

which they are only half members, a community the constitution of which

is essentially dark-haired, let us answer them in the words of our wise

ancestors, Nolumus leges Angliae mutari.”

But, it is said, the Scriptures declare that the Jews are to be restored

to their own country; and the whole nation looks forward to that

restoration. They are, therefore, not so deeply interested as others in

the prosperity of England. It is not their home, but merely the place

of their sojourn, the house of their bondage. This argument, which first

appeared in the Times newspaper, and which has attracted a degree of

attention proportioned not so much to its own intrinsic force as to the

general talent with which that journal is conducted, belongs to a

class of sophisms by which the most hateful persecutions may easily

be justified. To charge men with practical consequences which they

themselves deny is disingenuous in controversy; it is atrocious in

government. The doctrine of predestination, in the opinion of many

people, tends to make those who hold it utterly immoral. And certainly

it would seem that a man who believes his eternal destiny to be already

irrevocably fixed is likely to indulge his passions without restraint

and to neglect his religious duties. If he is an heir of wrath, his

exertions must be unavailing. If he is preordained to life, they must

be superfluous. But would it be wise to punish every man who holds the

higher doctrines of Calvinism, as if he had actually committed all those

crimes which we know some Antinomians to have committed? Assuredly not.

The fact notoriously is that there are many Calvinists as moral in their

conduct as any Arminian, and many Arminians as loose as any Calvinist.

It is altogether impossible to reason from the opinions which a man

professes to his feelings and his actions; and in fact no person is

ever such a fool as to reason thus, except when he wants a pretext

for persecuting his neighbours. A Christian is commanded, under the

strongest sanctions, to be just in all his dealings. Yet to how many of

the twenty-four millions of professing Christians in these islands would

any man in his senses lend a thousand pounds without security? A man who

should act, for one day, on the supposition that all the people about

him were influenced by the religion which they professed, would

find himself ruined before night; and no man ever does act on that

supposition in any of the ordinary concerns of life, in borrowing, in

lending, in buying, or in selling. But when any of our fellow-creatures

are to be oppressed, the case is different. Then we represent those

motives which we know to be so feeble for good as omnipotent for evil.

Then we lay to the charge of our victims all the vices and follies to

which their doctrines, however remotely, seem to tend. We forget that

the same weakness, the same laxity, the same disposition to prefer the

present to the future, which make men worse than a good religion, make

them better than a bad one.

It was in this way that our ancestors reasoned, and that some people in

our time still reason, about the Catholics. A Papist believes himself

bound to obey the Pope. The Pope has issued a bull deposing Queen

Elizabeth. Therefore every Papist will treat her grace as an usurper.

Therefore every Papist is a traitor. Therefore every Papist ought to

be hanged, drawn, and quartered. To this logic we owe some of the most

hateful laws that ever disgraced our history. Surely the answer lies on

the surface. The Church of Rome may have commanded these men to treat

the queen as an usurper. But she has commanded them to do many other

things which they have never done. She enjoins her priests to observe

strict purity. You are always taunting them with their licentiousness.

She commands all her followers to fast often, to be charitable to the

poor, to take no interest for money, to fight no duels, to see no plays.

Do they obey these injunctions? If it be the fact that very few of them

strictly observe her precepts, when her precepts are opposed to their

passions and interests, may not loyalty, may not humanity, may not the

love of ease, may not the fear of death, be sufficient to prevent them

from executing those wicked orders which the Church of Rome has issued

against the sovereign of England? When we know that many of these people

do not care enough for their religion to go without beef on a Friday for

it, why should we think that they will run the risk of being racked and

hanged for it?

People are now reasoning about the Jews as our fathers reasoned about

the Papists. The law which is inscribed on the walls of the synagogues

prohibits covetousness. But if we were to say that a Jew mortgagee would

not foreclose because God had commanded him not to covet his neighbour’s

house, everybody would think us out of our wits. Yet it passes for an

argument to say that a Jew will take no interest in the prosperity of

the country in which he lives, that he will not care how bad its laws

and police may be, how heavily it may be taxed, how often it may be

conquered and given up to spoil, because God has promised that, by some

unknown means, and at some undetermined time, perhaps ten thousand

years hence, the Jews shall migrate to Palestine. Is not this the most

profound ignorance of human nature? Do we not know that what is remote

and indefinite affects men far less than what is near and certain? The

argument too applies to Christians as strongly as to Jews. The Christian

believes as well as the Jew, that at some future period the present

order of things will come to an end. Nay, many Christians believe that

the Messiah will shortly establish a kingdom on the earth, and reign

visibly over all its inhabitants. Whether this doctrine be orthodox or

not we shall not here inquire. The number of people who hold it is very

much greater than the number of Jews residing in England. Many of

those who hold it are distinguished by rank, wealth, and ability. It is

preached from pulpits, both of the Scottish and of the English Church.

Noblemen and members of Parliament have written in defence of it. Now

wherein does this doctrine differ, as far as its political tendency is

concerned, from the doctrine of the Jews? If a Jew is unfit to legislate

for us because he believes that he or his remote descendants will be

removed to Palestine, can we safely open the House of Commons to a

fifth-monarchy man, who expects that before this generation shall pass

away, all the kingdoms of the earth will be swallowed up in one divine

empire?

Does a Jew engage less eagerly than a Christian in any competition

which the law leaves open to him? Is he less active and regular in his

business than his neighbours? Does he furnish his house meanly, because

he is a pilgrim and sojourner in the land? Does the expectation of

being restored to the country of his fathers make him insensible to the

fluctuations of the stock-exchange? Does he, in arranging his private

affairs, ever take into the account the chance of his migrating to

Palestine? If not, why are we to suppose that feelings which never

influence his dealings as a merchant, or his dispositions as a testator,

will acquire a boundless influence over him as soon as he becomes a

magistrate or a legislator? There is another argument which we would not

willingly treat with levity, and which yet we scarcely know how to treat

seriously. Scripture, it is said, is full of terrible denunciations

against the Jews. It is foretold that they are to be wanderers. Is it

then right to give them a home? It is foretold they are to be oppressed.

Can we with propriety suffer them to be rulers? To admit them to the

rights of citizens is manifestly to insult the Divine oracles.

We allow that to falsify a prophecy inspired by Divine Wisdom would be

a most atrocious crime. It is, therefore, a happy circumstance for our

frail species, that it is a crime which no man can possibly commit. If

we admit the Jews to seats in Parliament, we shall, by so doing, prove

that the prophecies in question, whatever they may mean, do not mean

that the Jews shall be excluded from Parliament.

In fact it is already clear that the prophecies do not bear the meaning

put upon them by the respectable persons whom we are now answering. In

France and in the United States the Jews are already admitted to all the

rights of citizens. A prophecy, therefore, which should mean that the

Jews would never, during the course of their wanderings, be admitted to

all the rights of citizens in the places of their sojourn, would be a

false prophecy. This, therefore, is not the meaning of the prophecies of

Scripture.

But we protest altogether against the practice of confounding prophecy

with precept, of setting up predictions which are often obscure against

a morality which is always clear. If actions are to be considered as

just and good merely because they have been predicted, what action was

ever more laudable than that crime which our bigots are now, at the end

of eighteen centuries, urging us to avenge on the Jews, that crime

which made the earth shake and blotted out the sun from heaven? The same

reasoning which is now employed to vindicate the disabilities imposed on

our Hebrew countrymen will equally vindicate the kiss of Judas and the

judgment of Pilate. “The Son of man goeth, as it is written of him; but

woe to that man by whom the Son of man is betrayed.” And woe to those

who, in any age, or in any country, disobey His benevolent commands

under pretence of accomplishing His predictions. If this argument

justifies the laws now existing against the Jews, it justifies equally

all the cruelties which have ever been committed against them, the

sweeping edicts of banishment and confiscation, the dungeon, the rack,

and the slow fire. How can we excuse ourselves for leaving property to

people who are to “serve their enemies in hunger, and in thirst, and

in nakedness, and in want of all things”; for giving protection to

the persons of those who are to “fear day and night, and to have none

assurance of their life”; for not seizing on the children of a race

whose “sons and daughters are to be given unto another people”?

We have not so learned the doctrines of Him who commanded us to love our

neighbour as ourselves, and who, when He was called upon to explain what

He meant by a neighbour, selected as an example a heretic and an alien.

Last year, we remember, it was represented by a pious writer in the

John Bull newspaper, and by some other equally fervid Christians, as a

monstrous indecency, that the measure for the relief of the Jews should

be brought forward in Passion week. One of these humorists ironically

recommended that it should be read a second time on Good Friday. We

should have had no objection; nor do we believe that the day could

be commemorated in a more worthy manner. We know of no day fitter for

terminating long hostilities, and repairing cruel wrongs, than the day

on which the religion of mercy was founded. We know of no day fitter for

blotting out from the statute-book the last traces of intolerance than

the day on which the spirit of intolerance produced the foulest of

all judicial murders, the day on which the list of the victims of

intolerance, that noble list wherein Socrates and More are enrolled, was

glorified by a yet greater and holier name.

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