CHAPTER XII.

THE JEWISH-FRENCH SYNHEDRION AND THE JEWISH CONSISTORIES.

Jew-Hatred in Strasburg--Bonald's Accusations--Plots against

French Jews--Furtado--David Sinzheim--Assembly of Notables

--Italian Deputies--The Twelve Questions--Debate on

Mixed Marriages--The Paris Synhedrion--Its Constitution

--Napoleon's Enactments--Israel Jacobson--Consistory of

Westphalia--Emancipation in Germany--In the Hanse-Towns--

Restrictions in Saxony.

1806-1813 C. E.

Since the days of the Romans, the world had not witnessed such sudden

changes and catastrophes as in the beginning of this century, when a

new Empire was founded with the intention of establishing a universal

monarchy. All the powers bent even lower before Napoleon, Emperor of

the French, than before the First Consul Bonaparte. The pope, who

in his heart cursed him and the whole new order, did not hesitate

to anoint him successor to Charlemagne. The German princes were the

first to recognize cringingly this innovation, the elevation of an

upstart over themselves. As if Napoleon by contact with the Germans

during his wars against Austria and Prussia had become infected with

their Jew-hatred, his feelings with reference to them from that time

underwent a change. Although he had before shown admiration for the

venerable antiquity and gigantic struggles of the Jewish race, he now

displayed a positive dislike to them. His unfavorable attitude towards

the Jews was used by the Germans in Alsace to induce him to deprive the

French Jews of their privileges and reduce them to their former state

of abasement.

The storms of the Revolution had put an end to the old accusations

against the Jews of Alsace. Jewish creditors, usurers, Christian

debtors were alike impoverished by the Reign of Terror; the olden times

were swept away. When quiet was restored, many Jews, who through their

energy had acquired some property again, went back to their former

trades. What else could they do? To commence to learn handicrafts

and agriculture could not be expected of men advanced in years. Even

young men found it difficult, as bigoted Christian employers in the

German-speaking provinces did not care to take Jewish apprentices. A

numerous class of the populace of Alsace offered well-to-do Jews a

source of income. The peasants and day-laborers, before the Revolution

serfs, had been liberated through it, but possessed no means wherewith

to purchase land and commence work. Their cattle and even their

implements of agriculture were lost during the stormy years; and many

of them had fled to escape military service. These peasants, on the

return of peace, had addressed themselves to Jews for advances of

money, to obtain small parcels of the national land for cultivation.

The Jewish men of substance had responded, and probably demanded high

rates of interest. The peasants, however, were not the losers, for,

although originally destitute of means, they had greatly improved

their condition. In a few years their possessions in landed property

amounted to 60 million francs, the sixth part of which they owed to

Jews. It was, indeed, hard for the peasants of Alsace to obtain ready

money to discharge debts to their Jewish creditors, especially as the

wars of Bonaparte called them away from the plough to bear arms, and

many lawsuits ensued against the debtors. The Strasburg Trade Court of

Justice alone, during the years 1802-4, had to decide upon summonses

for debt between Jewish creditors and Christian debtors amounting to

800,000 francs. The defaulting peasants were sentenced to hand over

their fields and vineyards to the Jewish creditors, some of whom may

have acted harshly in these matters.

These circumstances were made use of by the Jew-haters. They

generalized the misdeeds of the Jews, exaggerated the sufferings of

the Christian debtors forced to pay, and stamped the Jews as usurers

and bloodsuckers, so as to deprive the French Jews living in their

provinces of their recently-acquired equalization, or if possible to

prepare some worse fate for them. As at all times, the citizens of the

German town of Strasburg took the most prominent part in this movement

against the Jews. They had made a vain attempt to keep the Jews out

of their city and to persecute them during the Reign of Terror. With

fierce rage they beheld the number of Jewish immigrants increase. There

were no Jewish usurers in their midst; on the contrary, there were

wealthy, highly respected, and educated Jews, such as the families

of Cerf Berr, Ratisbonne, and Picard, most of whom lived from their

estates. Nevertheless the people of Strasburg raised the loudest

clamors against the Jews, as if the latter were the cause of their

impoverishment. The prefect of Strasburg, a German, aided and abetted

the merchants. When Napoleon stayed in Strasburg (January, 1806), after

the campaign of a hundred days against Austria, he was besieged by

the prefect and a deputation of the people of Alsace with complaints

showing how harmful to the state were the Jews; how like a crowd of

ravens they ruined the Christian populace, so that whole villages

passed into the possession of Jewish usurers, how half the estates

of Alsace were mortgaged to Jewish creditors, and other malicious

charges. Napoleon thereupon called to mind that during his campaign

some Jews near Ulm had bought stolen articles from the soldiers, which

had greatly displeased him. The Jew-haters suggested that these may

have been Strasburg Jews, who followed in the track of the army in

order to enrich themselves by means of the booty; and that all Jews

were usurers, hawkers, and ragmen. To incite the emperor still more to

acts of hostility, the following grave statement was added--that,

in the whole of Alsace, indeed, in all the (German) Departments of

the Upper and Lower Rhine, the people were so embittered against the

Jews that a general massacre, scenes such as were witnessed in the

Middle Ages, might ensue. In taprooms the question of slaughtering the

Jews was often discussed. His mind filled with such evil impressions,

Napoleon left Strasburg, promising redress of these grievances. That

this impression might not fade away, the enemies of the Jews besieged

the minister of justice with loud complaints about the baseness

and hurtfulness of the Jews. Judges, prefects, all German-speaking

officials vied with each other in attempts to deprive the Jews of their

civil rights. The minister of justice, carried away by the complaints,

was actually on the point of putting an exceptional law into force

against the Jews of France, forbidding them for a time to do any

business in mortgages.

Mingled with this Jew-hatred, which arose from the petty jealousy of

guild members, and from fear of excessive competition, were the bigoted

and gloomy views of the reactionary party, who commenced to spin their

network of schemes in order to suppress mental freedom, the mother,

so to speak, of political liberty. One of the chief representatives

of this party, hostile to liberty, and skilled in intrigues, was

Louis Gabriel Ambroise Bonald, a man of kindred spirit to Gentz, Adam

Müller, and others of like caliber, who, together with the romanticist

Chateaubriand, and Fontanes, a past-master of flattery, brought about

the most terrible religious and political reaction. Bonald, who, after

short-lived enthusiasm for liberty, unfurled the flag of the Bourbon

Legitimists, and glorified it with mystical-Catholic inanities,

beheld in the liberation of the Jews a diminution of the power of the

Church, and employed means to undermine their equalization in France.

He wished to lower them to the level of such despicable beings as the

Church required for its purposes. In a paper which he issued conjointly

with Chateaubriand for the purpose of maintaining the Ultramontane

power, he attacked the Jews with sophistical eloquence. He envied the

Germans because, more reasonable and prudent than the French, they had

remitted only the capitation-tax, and had otherwise kept the Jews

in subjection. He blamed the National Assembly for having conceded all

rights without considering that when the French Jews were released from

the yoke, they might easily act in concert with their co-religionists

in other countries to secure all influence and all wealth to themselves

and enslave the Christians. Bonald again gave utterance to that

venomous slander which a venal, unscrupulous Alsatian had circulated in

a pamphlet before the Revolution. His recurring statements were that

the Jews were ever in conflict with morality, that they formed a state

within a state, and that most of them were vampires and petty traders,

among whom the high-minded disappeared. Bonald concluded his list of

charges with an opinion which stigmatized the French nation as much

as the Jews. "If the latter are ever permitted to enjoy independence

and frame laws, then a Jewish Synhedrion would not establish more

nonsensical or unworthy laws than the Constituent Assembly of

philosophers has established."

It was a fortunate circumstance for the future of the Jews that the

enemies of freedom as well as orthodox Christians included Jew-hatred

in their programme, because this impelled friends of liberty to defend

the cause of the Jews in part as their own. But for the moment,

Bonald's Jew-hating attempts greatly harmed them. They were approved

by those who strove to retard the advancing spirit of the age, and

in a roundabout way were dinned into the ear of Napoleon. The French

Jews had no idea of the extent of this agitation, they imagined that it

concerned only the Jewish usurers in Alsace, and that it did not affect

the honor, position, and existence of all, and therefore they did not

sufficiently oppose it.

Matters now assumed a serious complexion. Napoleon laid the Jewish

question for discussion before his council, which entrusted it to

a young member, a Count Molé, known in later French history as the

prototype of ambiguity. To the surprise of all the elder and more

influential members of the council, Molé, whose great-grandmother was

a Jewess, presented a report decidedly hostile to the Jews, suggesting

that all French Jews be placed under exceptional laws, which meant that

their legally acknowledged and practically realized equality was to be

taken from them. His report was received with deserved derision by the

oldest members of the council, who were so imbued with the principle

of absolute equality sanctified by the Revolution, that they could not

conceive that a creditor suing for payment from his debtor could have

a right to inquire into his religious belief. They suspected that Molé

was in league with the reactionary politicians Fontanes and Bonald,

who were anxious to offer up the Jews as the first sacrifice to their

retrograde policy. Molé, however, appears to have sought to curry favor

with the emperor, who, as he knew, was not kindly disposed towards the

Jews. Although all the councilors were in favor of their unabridged

civil rights, the Jewish question was to be brought up at the regular

session of the state council under the presidency of Napoleon (April

30, 1806), who attached great importance to the matter.

It was a fateful moment when these questions, settled long ago, again

came up for discussion. The weal and woe not alone of the French and

Italian Jews, but of those in all Europe, depended upon the issue of

this consultation. For if the equalization of the Jews of the former

countries was in any way threatened, those of other countries would be

doomed to remain in a state of degradation and oppression for a long

time to come. The sitting was stormy. It happened unfortunately that a

recently elected state councilor named Beugnot, who in the absence of

the emperor had spoken with great spirit and address in favor of the

Jews, wished to display his eloquence before the emperor. He therefore

made use of the following unlucky phrase: "To deprive the Jews of their

full civil rights were like a battle lost on the field of justice."

Napoleon was annoyed. Both the tone and matter of Beugnot's speech

sorely displeased him. It vexed him that his prejudices against the

Jews should be regarded as unfounded. Beugnot aroused his passion, he

spoke against theorists and propounders of principles, and allowed his

anger to outrun his discretion. He spoke of the Jews as Fichte had

done, saying that they constituted a state within a state, being the

feudal nobles of the time; that they could not be placed in the same

category with Catholics and Protestants, because, besides not being

citizens of the country, they were a dangerous element. The keys of

France, Alsace and Strasburg, should not be allowed to fall into the

hands of a nation of spies. It would be prudent to suffer only 50,000

Jews in the districts of the Upper and Lower Rhine, to scatter the

remainder throughout France, and prohibit them from engaging in trade,

because they corrupted it by usury. He made other accusations which he

had learnt from the Jew-haters. In spite of this speech, two councilors

of importance, Regnault and Ségur, ventured to speak on behalf of the

Jews, or of justice. They pointed out that the Jews in Bordeaux,

Marseilles, and the Italian cities belonging to France, like those in

Holland, were held in the highest esteem, and that the offenses charged

against the Jews of Alsace should not be imputed to Judaism, but rather

to their unhappy condition. They succeeded in mollifying Napoleon's

wrath for the moment, and a second session decided the matter.

Meantime some influential persons succeeded in impressing Napoleon with

a better opinion of the Jews. They called to his attention how quickly

they had become proficient in the arts and sciences, in agriculture and

handicrafts. Persons were pointed out to him who had been decorated

with the Order of the Legion of Honor, or who had received pensions for

courage in war, and that, therefore, it was slander to call all Jews

usurers and hawkers. At the second sitting of the state council (May

7, 1806) Napoleon spoke in a milder tone of the Jews. He rejected the

proposal made to him to expel Jewish peddlers, and endow the tribunals

of justice with unlimited authority over usurers. He desired to do

nothing that might be disapproved by posterity, or darken his fame.

Nevertheless, he could not free himself from the prejudice that the

Jewish people, from the most ancient times, even from the days of

Moses, had been usurers and extortioners. He was, however, determined

not to permit any persecution or neglect of the Jews. He then conceived

the happy thought--or it may have been suggested to him--to bring

together a number of Jews from various provinces, who were to tell

him whether Judaism demanded of its adherents hatred and oppression

of Christians. The Jews themselves, through the medium of their

representatives, were to decide their fate.

The decree which announced this resolution (May 30, 1806) was couched

in harsh terms. Napoleon himself, it appears, gave it the last touches

whilst in an angry mood. The first part of the decree ran as follows:

"The claims of Jewish creditors in certain provinces may not be

collected within the space of a year." The second part ordered the

assembly of Jewish notables. The reason for their meeting was such as

to satisfy the Bonalds. Certain Jews in the northern districts having

by usury brought misery upon many peasants, the emperor had deprived

them of civil equality. But he had also considered it necessary to

awaken in all who professed the Jewish religion in France a feeling

of civic morality, which, owing to their debasement, had become

almost extinct amongst them. For this purpose Jewish notables were

to express their wishes and suggest means whereby skilled work and

useful occupations would become general among Jews. Thus, for a time at

least, a portion of the Jews of France were deprived of their rights of

equality. But balm might be expected from the Assembly of Notables for

the wounds inflicted by Napoleon. The prefects were required to select

prominent persons from among the rabbis and the laity, who, on a fixed

day, should present themselves "in the good city of Paris." Not only

the congregations of the old French provinces, but also those in the

new ones, in the district on the left bank of the Rhine, were to be

represented by deputies. The Italian Jews, who applied for permission

to take part in this meeting, were likewise admitted.

Although the notables were somewhat arbitrarily chosen by the

magistrates, on the whole their selections were fortunate. Among the

hundred and more notables of French, German, and Italian speech, the

majority were fully aware of the magnitude and importance of their

task. They had to defend Judaism before the eyes of all Europe--a

difficult but grateful task. Among them were men who had already gained

fame, such as Berr Isaac Berr, his promising son, Michael Berr (who

had issued the summons to princes and nations, to release the Jews

from bondage), and Abraham Furtado, the partisan of the Girondists,

who had suffered for his political opinions, and was a man of noble

mind and great foresight. His descent is interesting. His parents were

Marranos in Portugal, but in spite of the family's outward adherence

to the Church during two hundred years, his mother had not forgotten

her origin and her attachment to Judaism. When the terrible earthquake

made Lisbon a heap of ruins, Furtado's parents were overwhelmed by

their falling house--his father killed, but his mother, who was

with child, entombed in a living grave. She vowed that if God would

save her from this danger, she would, in spite of all difficulties,

openly embrace Judaism. A fresh shock opened her tomb. She succeeded

in escaping from this place of horror, made her way to London, and

there publicly returned to Judaism. Here her son Abraham was born,

whom she brought up as a Jew. Abraham Furtado was well acquainted with

Jewish literature; he collected materials for a Jewish history, and

paid particular attention to the Book of Job; but his Jewish knowledge

was mere dilettanteism, without thoroughness. His favorite study

was natural science. During the Revolution, Furtado belonged to the

commission appointed to make proposals for ameliorating the condition

of the French Jews. During the Reign of Terror, and as a supporter of

the Girondists, his life was endangered and his property confiscated.

By assiduous industry he had enabled himself to purchase an estate

in Bordeaux. Next to the elder and younger Berrs, Furtado was the

brightest ornament of the assembly; he was an eloquent speaker, and

possessed great tact in public affairs.

A happy choice was that of Rabbi Joseph David Sinzheim, of Strasburg

(born 1745, died 1812). He was a man of almost patriarchal character,

of the deepest moral earnestness, and of a most lovable, gentle nature.

Well furnished with means, and the brother-in-law of the wealthy

Cerf Berr, Sinzheim devoted himself to the study of the Talmud, not

from any mercenary purpose, but from inclination. His acquaintance

with Talmudical and Rabbinical literature was astounding, but he was

lacking in depth. His education prevented his being interested in other

branches of science, but at least he had no antipathy to them. During

the Reign of Terror, which caused the Jews in Jew-hating Strasburg to

suffer severely, he was compelled to flee for safety, and could not

return until peace was restored. The number of the Jews in Strasburg

increased under the Directory and Napoleon. They formed themselves

into a congregation, appointing Sinzheim as their first rabbi. Thence

he was summoned to Paris to attend the Assembly of Notables. He was

considered the most eminent French Talmudist, and became the leader of

the orthodox party. Besides Sinzheim, only one rabbi was prominent, the

Portuguese Rabbi Abraham Andrade, from Saint-Esprit; the majority of

the members were laymen.

With trembling hearts about a hundred Jewish Notables from the

French and German departments assembled. They had no plan, as they

did not know precisely what were the emperor's intentions. A summons

from the minister, addressed to each member singly (July 23, 1806),

enlightened them but little. They learnt that in three days' time,

on a Sabbath, they were to hold a meeting in a hall of the Hôtel de

Ville set apart for them. There the assembly was to organize, and

they were to answer the questions which imperial commissioners would

lay before them. The purpose was to make useful citizens of the

Jews, bring their religious belief into agreement with their duties

as Frenchmen, refute the charges made against them, and remedy the

evils which they had occasioned. The selection of Molé as imperial

commissioner, together with Portalis and Pasquier, who were to treat

officially with the Assembly, was not calculated to quiet their

fears. Molé had been the first to serve as a medium for the spread

of the anti-Jewish slanders of Bonald and others. On the day before

the opening of the Assembly (July 25), there appeared in the official

journal, the "Moniteur," an account of the history of the Jews from

the return from Babylon till that time. The French nation was thus to

be acquainted with the importance of the questions now to be submitted

to the Jews themselves. In rapid sequence the following circumstances

were depicted:--The independence and the dependence of the Jewish

people, their victories and defeats; their persecution during the

Middle Ages and the protection they found; their scattered condition

and their massacres; the accusations directed against them; their

abasement and oppression in different countries inflicted by monarch

after monarch, and by fluctuating opinions and policies. Jewish history

thus received, so to speak, an official seal. That there were many

errors and false statements in this account was not to be wondered

at. At the command of the emperor, the Jewish religion, or Judaism,

was officially expounded, with even greater display of ignorance. Two

points were particularly emphasized, viz., that the religious and moral

separation of the Jews from the rest of the world, and the pursuit of

usury to the injury of members of other creeds, if not prescribed, was

at any rate tolerated by the Jewish law. "How otherwise is the fact

to be explained," it was remarked at the conclusion of the official

document, "that those Jews who at the present time extort high rates

of interest, are most religious and follow the laws of the Talmud most

faithfully?" The inference was to the last degree false. "Do we not see

that the Portuguese Jews, who do not sully themselves with usury, are

less strict in their adherence to the Talmud? Had the distinguished

Jews in Germany, such as their famous Mendelssohn, great reverence for

the rabbis? Finally, are those men among us who devote themselves to

the sciences orthodox Jews?" Thus Talmudical Judaism was once again

represented as a stumbling-block in the way of the progress of the

Jews, not, indeed, in that spirit of hatred which prevailed in Germany;

but it was laid open to attack, and that, too, before a public, so to

say a European, tribunal.

On the same day that the Jews formed the topic of conversation in

Paris, the deputies assembled to decide upon a question of conscience.

The first official meeting was to be held on Saturday, and the first

business was the election of a president and of secretaries by means

of written votes. It was the first time that representatives of the

French, German, and Italian Jews came together, and the contrasts

and variations developed during the last half century by the changes

in the times, became apparent,--all shades were represented, from

the politician Furtado, to the rabbis who had spent all their lives

in schools. They were expected to harmonize. At first they could

not understand each other, but had to employ German and Italian

interpreters. Was the public activity of the Jewish deputies to

commence with the desecration of the Sabbath? Or should they strictly

adhere to the religious prohibition, and thus give a handle to enemies

of the Jews, who asserted that Judaism was incompatible with the

exercise of civil functions? These serious questions occupied the minds

of the members. The rabbis and the party of Berr Isaac Berr were of

opinion that the first sitting should be postponed to another day, or

at least that no election should take place. The less critical party,

the politicians, urged that they prove to the emperor that Judaism can

subordinate itself to the law of the land; and the debate grew very

violent.

Thus the first Jewish Parliament in Paris assembled on a Sabbath, in

a room of the Hôtel de Ville, decorated with appropriate emblems.

The deputies attended in full force, none were absent; some of them

intentionally came in carriages. Some of the stricter members again

tried to have the first meeting postponed, but in vain. The dread of

Napoleon's authority terrified those who as a rule paid scrupulous

regard to religious ordinances. Under the chairmanship of Rabbi

Solomon Lipmann, the oldest member, the election now proceeded. The

orthodox had provided themselves with ballot tickets, but most of the

others wrote them out unabashed before the very eyes of the rabbis,

whilst a few had theirs written for them. Only two men were qualified

for the presidency, Berr Isaac Berr and Furtado. The former was

supported by the orthodox party, the latter by the politicians. Furtado

obtained the majority of votes. With parliamentary tact he presided

over the meeting. The deputies became fully conscious of the grave

responsibility resting upon them, and proved themselves equal to their

task. All were animated by a strong desire for unanimity.

Even the German rabbis, who hitherto had been buried in the seclusion

of the academies amidst the Talmud volumes, quickly adapted themselves

to the new circumstances and to parliamentary forms. Certain deputies

contributed to impress all present with a feeling of concord. The

speech of the deputy Lipmann Cerf Berr had a remarkable effect,

especially the following words:--

"Let us forget our origin! Let us no longer speak of Jews of

Alsace, of Portugal, or of Germany. Though scattered over the

face of the globe, we are still one people worshiping the same

God, and as our law commands us, we are to obey the laws of the

country where we live."

When the officer of the guard of honor furnished for the meeting

approached the newly-elected president to receive his orders, and when

at the departure of the deputies, the guard greeted them with military

honors and beat of drums, they felt themselves exalted, and their fear

was turned to hope.

This joyful expectation revived their courage, and enabled them to

oppose the attacks of Jew-hating writers. Meantime the whole body of

deputies from the kingdom of Italy arrived, and created a favorable

impression by their bearing. Amongst them the spirit of the age

manifested itself in difference of religious views and opinions,

although not so sharply marked as among the French and German Jews.

The most distinguished among the Jewish-Italian deputies was Abraham

Vita di Cologna (born 1755, died in Trieste, 1832). He was well

versed both in Rabbinical and scientific learning, of prepossessing

appearance, and an elegant speaker. While rabbi of Mantua, he was

elected a member of the Parliament of the Italian kingdom. His

Talmudical and secular knowledge, however, was neither comprehensive

nor deep. Cologna was in favor of the new tendency, which removed

Judaism from its isolated position to imbue it with European ideas; but

both the means and end were not clearly defined in his mind, and he

took no steps to carry out his wishes. An elder member of the Italian

notables, Joshua Benzion Segre (born about 1720, died 1809), at once

owner of an estate, rabbi, and municipal councilor of Vercelli, was

also in favor of scientific studies, and belonged to the advanced

party. The follies of the Kabbala still found many supporters among

educated Italian Jews, although its first opponents had come from

Italy. Benzion Segre was averse to the study, while the Italian deputy

Graziadio (Chanannel) Nepi, rabbi and physician in Cinto (born 1760,

died 1836), was a firm believer in it. He was exceedingly well read in

Jewish literature, and compiled an alphabetical register of the names

of Jewish authors of ancient and modern times.

At the second sitting (July 29), the three imperial commissioners

solemnly propounded twelve questions, which the Assembly were to

answer conscientiously. The chief points were, whether the French Jews

regarded France as their country, and Frenchmen as their brothers;

whether they considered the laws of the state as binding upon them,

and, by way of deduction from these two points, the incisive third

question, "Can Jews legally intermarry with Christians," and, lastly,

whether usury in the case of non-Jews is permitted or forbidden. The

remaining points referred to polygamy, divorce, and the authority of

the rabbis, and were of a subordinate nature. Most of the members

could not listen to these queries without feeling pain that their

love of country and their attachment to France should be called into

question, notwithstanding that Jews had attested their patriotism by

shedding their blood upon battlefields. From many sides rose a cry

at these questions, "Aye, unto death." The address delivered by Molé

on submitting these twelve questions was cold and to some extent

offensive. Its contents were nearly as follows:--The charges against

various Jews had been proved. The emperor was, however, not satisfied

to check the evil himself, but desired the assistance of the deputies.

They were to state the whole truth in replying to the questions laid

before them. The emperor permitted full liberty of discussion, but

wished them to bear in mind that they were Frenchmen, and would be

relinquishing that honor unless they showed themselves worthy of it.

The assembly now knew what was expected. They were brought face to face

with the alternative of renouncing their equality or damaging Judaism.

Furtado, in his reply to the speech of the commissioner, very cleverly

turned the mistrust of the emperor into a semblance of trust. He said

that the Jews welcomed the opportunity of answering these questions,

to lay bare all errors and put an end to the prejudices entertained

against them. The speech which Berr Isaac Berr delivered at this

meeting was more sincere, more manly, and altogether more fervent.

Furtado represented the Jews, but not Judaism; he caused it to be

understood that the Assembly should consider it a duty and an honor to

obey every hint of the emperor. Berr gave dignified expression to the

claims of Judaism. The duty of replying to the questions was assigned

to a commission, which included, besides the president, the secretary,

and the auditors, the four most eminent rabbis, Sinzheim, Andrade, di

Cologna, and Segre, and two learned laymen.

This commission handed over the chief part of their work to Rabbi David

Sinzheim, the most scholarly and esteemed member of the assembly,

who in a very short time completed his task to the satisfaction of

his colleagues, of the imperial commissioners, and eventually of the

emperor (July 30 till August 3). His report was submitted to the

commissioners, who reported it to the emperor before it was brought up

for public discussion. Napoleon was so pleased with the behavior of

the Assembly that he announced his intention to grant an audience to

all the members. In fact, their parliamentary tact, as displayed in

the proceedings, filled him with such high regard towards them that

he partially overcame his prejudices against the Jews. He had always

pictured them as ragmen and usurers, with cringing, bent forms, or

as sly, cunning flatterers lying in ambush for their prey; and to

his astonishment he beheld among the members men of fine character,

intelligence, and imposing appearance. He thus acquired a better

opinion of the Jews. It must be admitted that the incense offered him

by the Assembly, as to a deity, did not leave him unmoved. On the other

hand, the serious task placed before the Jewish deputies made them

greater, exalted them above the common level, idealized them. Their

harmonious work aroused their enthusiasm, the orations intoxicated

them, and even the sober German members became infected.

At the third sitting (August 4), at the debate upon the replies to the

various questions, the deputies were filled with self-confidence and

the certainty of victory. No difficulty was offered by the first two

questions--whether polygamy was allowed among Jews, and whether the

validity of a divorce granted by the French law was acknowledged by

their religious and moral code. These were decided according to the

desire of the emperor without any injury to Judaism. But the third

question aroused painful excitement, and revealed the opposition which

had divided the Jews since the time of Mendelssohn--"May a Jewess

marry a Christian, or a Christian woman a Jew?" This question had given

rise to heated debates in the commission, how much more in public

assembly. Even the orthodox party felt that to reply unconditionally

in the negative would be extremely perilous. The commission, however,

had already supplied a clever answer, and if it is owing to Sinzheim's

efforts, it redounds to his intellect and tact. At the outset it was

skillfully explained that, according to the Bible, only marriages with

Canaanite nations were forbidden. Even by the Talmud intermarriages

were allowed, because the nations of Europe were not considered

idolaters. The rabbis, to be sure, were opposed to such unions, seeing

that the usual ceremonies could not be performed. They would refuse to

bless such an union, as the Catholic priests refused their assistance

on such occasions. This refusal, however, was of little consequence, as

civil marriages were recognized by the state. At all events, the rabbis

considered a Jew or Jewess who had contracted a union of this kind as a

full co-religionist.

The remaining questions were settled without any excitement in two

sittings (August 7th and 12th). The questions whether the Jews

regarded Frenchmen as their brothers, and France as their country, were

answered by the Assembly with a loud, enthusiastic affirmative. They

were able to refer to the doctrines of Judaism, which in its three

phases--Biblical, Talmudical, and Rabbinical--had always emphasized

humanity and the brotherhood of man. Only one point in the report

of the commission gave rise to a certain amount of friction, viz.,

that which seemed to ascribe a kind of superiority to the Portuguese

Jews, as if through their conduct they were held in higher esteem by

Christians than the German Jews. This clause was therefore struck out.

In answering the two questions relative to usury, the Assembly was able

to demolish a deeply-rooted prejudice and place Judaism in a favorable

light.

The commissioner Molé, the first to yield to Jew-hatred and propose to

exclude Jews from state offices, had now to declare publicly (September

18) that the emperor was satisfied with the intentions and zeal of the

assembly. His speech on this occasion struck quite a different note to

former ones. "Who, indeed," he exclaimed, "would not be astonished at

the sight of this assembly of enlightened men, selected from among the

descendants of the most ancient of nations? If an individual of past

centuries could come to life, and if this scene met his gaze, would he

not think himself transplanted within the walls of the Holy City? or

might he not imagine that a thorough revolution in the affairs of man

had taken place?" "His Majesty," continued Molé, "guarantees to you the

free practice of your religion and the full enjoyment of your political

rights; but in exchange for these valuable privileges, he demands

a religious surety that you will completely realize the principles

expressed in your answers."

What could the surety be? Napoleon then announced a surprising

message, which filled the assembly with joyful astonishment and

electrified them. "The emperor proposes to call together the great

Synhedrion!" This part of their national government, which had

perished together with the Temple, and which alone had been endowed

with authority in Israel, was now to be revived for the purpose of

transforming the answers of the Assembly into decisions, which should

command the highest respect, equally with those of the Talmud, with

Jews of all countries and throughout all centuries. Further, the

Assembly was to make known the meeting of the great Synhedrion to

all the synagogues in Europe, so that they send to Paris deputies

capable of advising the government with intelligence, and worthy of

belonging to this assembly. That the revived Synhedrion might possess

the honorable and imposing character of its model, it was to be

constituted on the pattern of the former one; it was to consist of

seventy-one members, and have a president (Nasi), a vice-president

(Ab-Beth-Din), and a second vice-president (Chacham). This announcement

made the deputies feel as if the ancient glory of Israel had suddenly

risen from the tomb and once more assumed a solid shape. Three months

previously they had been summoned to rescue their civil rights which

were endangered, and now a new vista opened before them; they seemed to

behold their glorious past revived in the present, and assisted in the

accomplishment of the dream; and they were filled with amazement.

Naturally, on receipt of this announcement, the Assembly passed

enthusiastic motions and votes of thanks. They expressed their approval

of everything which the commissioners had proposed or intimated. The

Synhedrion was to be composed of two-thirds rabbis and one-third

laymen, and was to include all the rabbis in the Assembly of Notables,

together with others to be afterwards elected. The true importance

of the Assembly now came to an end; its duties now were merely

perfunctory. The proclamation issued to the whole Jewish world (Tishri

24--October 6) was its only momentous action thereafter. It aimed

at rousing the Jews to take an interest in the Synhedrion and to send

deputies. This proclamation was written in four languages, Hebrew,

French, German, and Italian, and expressed the feelings which animated

members of the Assembly, and the hopes entertained for the great

Synhedrion:

"A great event is about to take place, one which through a long

series of centuries our fathers, and even we in our own times,

did not expect to see, and which has now appeared before the

eyes of the astonished world. The 20th of October has been

fixed as the date for the opening of a Great Synhedrion in the

capital of one of the most powerful Christian nations, and

under the protection of the immortal Prince who rules over it.

Paris will show the world a remarkable scene, and this ever

memorable event will open to the dispersed remnants of the

descendants of Abraham a period of deliverance and prosperity."

The Jewish Parliament, and the re-establishment of a Synhedrion created

much interest in Europe. The world was accustomed to Napoleon's feats

of war and brilliant victories; the power of his arms had ceased

to astonish men. But that this admired and terrible hero should

descend to the most ancient people, to raise and restore them to

some of their lost splendor, caused, perhaps, more general surprise

among Christians than among Jews. It was looked upon as a miraculous

event, as marking a new era in the history of the world, in which a

different state of things would prevail. Some Christian writers in

Bamberg, at their head a Catholic priest (Gley), expected such abundant

and important results from the Jewish assembly in Paris that they

established a special newspaper, a kind of journal for the Jews. Only

the Berlin _illuminati_--David Friedländer's circle--experienced an

uncomfortable sensation at the news, because they feared that, through

the Synhedrion in France, ancient Judaism might be revived in a new

garb. They therefore declared the Synhedrion a juggler's performance,

provided by Napoleon for his Parisians. Patriotism was also involved

in this sense of uneasiness, for the Prussian Jews participated in the

deep grief into which the people of Prussia and the royal family had

been plunged by the defeats at Jena and Auerstädt (October 14, 1806).

Four days after the dissolution of the Assembly of Notables (Adar

9--February 9, 1807), the Great Synhedrion, very different in

character, assembled. It consisted, as mentioned above, for the

greater part of rabbis, most of whom had been members of the Assembly

of Notables. Twenty-five laymen from the same Assembly were added,

and the ratification of the answers to the twelve questions according

to the wishes of Napoleon was secured. To all appearances the great

Synhedrion was to assemble and transact business according to its

own pleasure. The commissioners were not to have any communications

with it. The minister of the interior had chosen only the first three

officials: Sinzheim as President (Nasi), the grey-headed Segre as

first Vice-President (Ab-Beth-Din), and Abraham di Cologna as second

Vice-President (Chacham).

After attending the synagogue, the Assembly made its way to the Hôtel

de Ville, and there the seventy members, in a hall specially decorated

for them, took their seats according to seniority, by ancient custom in

a semi-circle around the president. The sittings were public, and many

spectators were present at them. The members of the Synhedrion were

suitably attired in black garments, with silk capes and three-cornered

hats. The meeting was opened by a prayer specially composed by

Sinzheim. The speeches of Sinzheim and Furtado, with which the first

meeting commenced, were entirely appropriate to the situation.

The second sitting (February 12) was occupied with the reading of

the motions which the Synhedrion was to sanction, together with the

presentation of addresses from different congregations in France,

Italy, and the Rhineland, and especially in Dresden and Neuwied,

expressing their agreement with the assembly, and the reception of

messengers to the Synhedrion from Amsterdam.

The Synhedrion felt itself at a loss for subjects to discuss. The new

matters which they had proposed to settle were left untouched. The

Franco-Prussian war had caused the emperor to be forgetful of the

Synhedrion and the Jews in general. There only remained for the members

of the Synhedrion to convert the replies of the previous assembly

into definite, inviolable laws. The question as to the power of the

new Synhedrion to impose binding laws, or whether it could be placed

on the same basis as the ancient one, was not debated. The rabbis

overcame this scruple by arguing that each generation was permitted by

the Talmud to institute suitable ordinances and make new decisions,

and therefore, without further discussion, they declared themselves

as constituted. Without demur, the Synhedrion adopted Furtado's

disintegrating view, that Judaism consisted of two wholly distinct

elements--the purely religious and the political-legislative laws.

The first mentioned are unalterable; the latter, on the other hand,

which have lost their significance since the downfall of the Jewish

state, can be set aside. The inferences from this difference, however,

could not be drawn by any individual, but only by an authorized

assembly, a great Synhedrion, which owing to unfavorable circumstances

had never been able to assemble. The Synhedrion was, therefore, no

innovation. The following highly important paragraph with reference to

marriage was also passed without opposition: That not only must the

civil marriage precede the religious ceremony, but that intermarriages

between Jews and Christians were to be considered binding, and

although they were not attended by any religious forms, yet no

religious interdict could be passed upon them. In this evasive manner

the Synhedrion satisfied its own conscience and the suspicions of the

imperial officers.

As the Synhedrion had no actual business to transact, the time of

the sittings was filled up with speeches delivered by Furtado,

Hildesheimer, the deputy from Frankfort, Asser, the deputy from

Amsterdam, and finally by Sinzheim, who made the closing speech.

The new decisions of the Synhedrion, drawn up in French and Hebrew,

enacted the following: That it is prohibited for any Jew to marry more

than one wife; that divorce by the Jewish law was effective only when

preceded by that of the civil authorities; and that a marriage likewise

must be considered a civil contract first; that every Israelite was

religiously bound to consider his non-Jewish neighbors, who also

recognize and worship God as the Creator, as brothers; that he should

love his country, defend it, and undertake military service, if called

upon to do so; that Judaism did not forbid any kind of handicraft and

occupation, and that, therefore, it was commendable for Israelites

to engage in agriculture, handicrafts, and the arts, and to forsake

trading; and finally, that it was forbidden to Israelites to exact

usury either from Jew or Christian.

These new laws of the Synhedrion were of very limited scope. The

Synhedrion had in view only the present, and did not look into the

distant future. The Jews in general were not satisfied with its action

and results. An English Jew, in a letter addressed to the members,

boldly reproached them for having disowned, not alone Judaism, but all

revealed religion.

"Has any one of our brethren in Constantinople, Aleppo, Bagdad,

Corfu, or one of our (English) communities been sent as a

deputy to you, or have they recorded their approval of your

decisions?"

The French Government, however, had obtained the surety stipulated

before the rights of citizenship would be legally recognized anew. At

the proposition of the commissioners the Synhedrion dissolved, and

their resolutions were submitted to Napoleon, whose attention had been

fixed on the Prusso-Russian war, until owing to the decisive battle

of Prussian Friedland the delusive peace of Tilsit was concluded.

During Napoleon's absence, plans were secretly laid with the purpose

of restricting the rights of the French Jews. The Jewish deputies,

however, discovered this, and the indefatigable Furtado, together

with Maurice Levy of Nancy, hastened from the Seine to the Niemen

to acquaint the emperor with the agitation against the Jews; and he

remained prepossessed in favor of Judaism.

After the dissolution of the Synhedrion the Assembly of Notables again

convened to present their formal report to the authorities (March

25-April 6, 1807).

After an interval of a year, Napoleon announced to the Jews his

intentions with reference to legislation on their behalf. He expressed

(March 17, 1808) his approval of the wretched consistorial organization

which degraded the officials of the synagogue to the level of

policemen, and regulated the civil position of the Jews, or rather

made encroachments on their hitherto favorable condition, although

he repeatedly assured them that their equalization would suffer no

restrictions. He had deceived all the world, and everywhere trodden

freedom under foot; how could he be expected to keep his word with

the Jews and to leave their freedom unmolested? The law suggests

that the Jew-hating Molé framed it. It contained no word about the

equalization of the Jews. No French Jew henceforth was to engage in

any species of trade without having obtained the permission of the

prefect, and his consent was to be granted only on the testimony of

the civil magistrates and the consistory as to the good character

of the applicant. Contracts of Jews who could not show a patent were

null and void. The taking of pledges as security for a loan was also

surrounded by limitations which savored of the Middle Ages. Further, no

foreign Jew was to settle in the German departments, nor any from those

departments in another district. Finally, the Jewish people were not

allowed to procure substitutes for military service; each Jew who was

chosen as a soldier had to enter the ranks. These restrictive laws were

to remain in force for ten years, "in the hope that by the end of that

period, and by the enforcement of various regulations, no difference

whatever would exist between the Jews and the other citizens."

Thus the Jews of France, the anchor of hope of their brethren in other

countries, were once again humiliated and placed under exceptional

legislation. The law enacted, indeed, that the Jews of Bordeaux and

certain other departments who had given no cause for complaint should

not be included under these new restrictions. Shortly afterwards, owing

to their loud complaints, exceptions were made in favor of the Jews of

Paris, Livorno, the department of the Lower Pyrenees, and of fifteen

other districts in France and Italy, so that only the scapegoats, the

German-speaking Jews in France, were deprived of their civil rights.

But the odious stain which had been again fastened to the Jews adhered

to the emancipated as well. Their opponents, who zealously strove to

check the elevation of the Jews, could now point to France, and urge

that the race was indeed incapable of amendment, seeing that even where

its members had been emancipated long since, they had to be deprived of

their rights of equality.

Napoleon's arm, powerful though it was, could not stem the flood

once set in motion, by the liberation of oppressed nationalities and

classes. By his own genius and impetuosity he increased the tumult

of forces. After the subjection of Prussia, Napoleon called into

existence, chiefly at the expense of this state, two new political

creations, the duchy of Warsaw (avoiding the dangerous and magical

title of kingdom of Poland), under the rule of the Electoral Prince

of Saxony, and the kingdom of Westphalia under his brother Jerome

(Hieronymus).

In the latter kingdom, formed from the territories of many lords,

the Jews obtained freedom and equalization. Napoleon framed the

constitution of the new kingdom with the assistance of the statesmen

Beugnot, Johannes von Müller, and partially also of Dohm, who, being

friends of the Jews, had made their emancipation a feature. Jerome,

juster and more honest than his brother, issued an edict (January

12, 1808) declaring all Jews of his state without exception to be

full citizens, abolishing Jew-taxes of every description, allowing

foreign Jews to reside in the country under the same protection as

that afforded to Christian immigrants, and threatening with punishment

the malicious who should derisively call a Jewish citizen of his state

"protection Jew" (Schutz-Jude). Michael Berr, the brave and pious

defender of Judaism, was summoned from France to accept office in the

kingdom of Westphalia. Jews and Christians alike were filled with

hope at this just treatment of German Jews, and the Jew-hating German

University of Göttingen elected Berr a member.

An important part was played at the new court in Cassel by Israel

Jacobson (born at Halberstadt, 1769; died at Berlin, 1828), who had

been court agent, or councilor of finance, at the court of Brunswick.

Although he cuts a figure in modern Jewish history, and was pleased

to consider himself a German Furtado, yet he bore only external

resemblance to this earnest Jewish patriot. The similarity lay in the

fact that Jacobson possessed extraordinary flow of language and great

vigor in carrying out his projects, which talents, it must be admitted,

he employed for ameliorating the condition of his co-religionists. His

wealth provided him with the means of realizing, or attempting, all the

schemes which his active brain invented. Noble-minded, good-natured,

ready for any sacrifice, and energetic, he kept one aim before him, the

removal of the hateful, repulsive exterior of the Jews and Judaism, and

the endeavor to render them externally attractive and brilliant.

To commemorate the day of the emancipation of the Jews, Jacobson

caused a gold medal to be struck with the emblem of the union of

hitherto antagonistic beliefs, and the Latin inscription: "To God

and the fatherly king, united in the kingdom of Westphalia." At the

instigation of Jacobson, the Jews of the kingdom of Westphalia were

to be organized somewhat like their brethren in France. Twenty-two

notables were summoned to Cassel, among whom the originator of the

movement was naturally included. Jerome received them kindly, and

spoke the memorable words on the occasion: that he was pleased to find

that the constitution of his kingdom, which had been forced upon him,

confirmed the equality of all creeds, and in this respect entirely

corresponded with his own ideas. In the commission appointed to draw up

the plan for a Jewish consistory in the kingdom of Westphalia, Jacobson

was naturally elected to the presidency. Michael Berr was also a

member. The constitution of the consistory, on the model of the French,

was published at about the same time as the latter (March 3, 1808).

In France a rabbi occupied the chief position, whilst in the German

assembly Jacobson was to be president. He desired to be considered a

rabbi, and even represented himself as one. The chief meeting-place of

the Westphalian consistory was Cassel. Its authority was acknowledged

on many subjects, and Jacobson was all-powerful, being ordered to

consult the magistrates only upon important occasions. The consistory

was also to be employed as a means of rousing patriotic feelings in

the hearts of old and young on behalf of the House of Bonaparte. It

especially busied itself with the debts of the various congregations,

which were to be divided among the several communities, and thus paid

off easily.

Strange to say, one of the members of the consistory was a Christian,

state councilor Merkel, who, acting as secretary, kept a watch upon the

highest Jewish judicial authorities like a detective. In the French

central consistory thoughtful, trusty men, who had given proofs of

their abilities, were elected, such as David Sinzheim, the president,

Abraham di Cologna, and Menahem Deutz, whose son afterwards obtained

sad celebrity, men who knew how to bridge over the gap between the old

times and the new; while Jacobson delighted in foolhardy leaps, and

dragged his colleagues along with him. In transforming the condition

of the congregations and the synagogues under his jurisdiction, he

consulted with David Friedländer, standing almost within the pale

of Christianity, and his colleagues among the Measfim. The desire

of Jacobson was for reforms, or rather for the introduction of such

practices into the Jewish Divine service as were observed in the

Christian Church, especially such as appealed to the senses.

The first German prince who voluntarily conceded to the Jews at least

a restricted amount of freedom was Duke Charles of Baden, one of the

dependents of the family of Napoleon. Baden being on the borders of

France became accustomed to the recognition of the Jews of the latter

country as citizens; and public opinion was more favorable to them

there than in other parts of Germany. To be sure, the German Prince of

Baden was not so free from prejudice as the member of the Napoleon

family who occupied a German throne. He declared the Jews citizens of

the state, but did not give them the freedom of the cities, so that

they could not dwell in such towns as had hitherto been closed to Jews;

and even where they had always been tolerated, they were only to be

regarded as "protected citizens." The duke, however, reserved the right

to confer the freedom of the cities upon those who should give up petty

trading. Their religious peculiarities were to be respected, "only in

so far as they agreed with the Mosaic Law, but not with the Talmudical

interpretations of the same."

Even the city of Frankfort for a moment succumbed to the equality

intoxication, although petty, pedantic hatred of Jews was incorporated

in every patrician. This hatred had greatly increased in intensity

since the spread of revolutionary principles. The subjection of the

Jews was to compensate for loss of independence. Not a single badge

or ceremony which perpetuated Jewish degradation was removed from

the Jews, who numbered about five hundred families. The laws of

"Stättigkeit," defining their dependent status, which had existed for

two hundred years, were still annually read in the synagogue. Every

newly admitted Jew was compelled to take the oath of allegiance to

the Senate. Restrictions continued to be imposed on Jewish marriages.

Jew-taxes had to be paid, as if the Holy Roman Empire still held sway,

instead of the all-powerful will of the Corsican, crushing emperors and

kings. The Jews were obliged to dwell in the narrow, dirty, unhealthy

Jewish quarter, and every Christian, however degraded, had the right of

calling to the most refined Jew, "Mach Mores, Jud'!" of treating him as

a despicable object, and even banishing him from the better parts of

the city and from the parks.

The French general Jourdan had indeed freed the Frankfort Jews from

the Ghetto for a few years, when he bombarded the city and destroyed

that portion of it. Under the eyes of the French victors, the

patricians, sorely against their will, permitted Jews to rent houses

in other districts; under no condition could they purchase or erect

houses. When the Holy Roman Empire melted away like a snowflake before

the breath of Napoleon, when Frankfort fell under the sovereignty of

the Arch-Chancellor or Prince Primate of the Rhenish Confederation,

and the powerful aldermen themselves became subject, the serfdom

of the Jews came to an end, though the change was not expressed in

legal enactments. Karl von Dalberg, a liberal-minded man, and most

favorably disposed towards the Jews, would gladly have removed their

yoke, indeed he wrote to Grégoire, the advocate of emancipation, upon

this subject. However, he was too well aware of the stubborn hatred

of the Frankfort patricians towards the Jews, to venture upon their

complete emancipation. He had only promised in a general way at the

so-called coronation that the members of the Jewish nation should be

protected against injury and insulting treatment. The urgent necessity

of regulating the status of the Jews by law, was apparent to this

Prince Primate, who discharged his duty only by half measures, such as

were characteristic of the Germans. By the publication of a new order

for the government and protection of the Jews, he conceded, in the

spirit of the new era, that "previous laws, being opposed to the modern

constitution of the Jewish nation," should be abrogated. At the same

time he figured as the adherent of the anti-Jewish party by stating

"that complete equality could not be granted so long as the Jews did

not show themselves worthy of it, by forsaking their peculiarities and

adopting the customs of the country." By these new ordinances they were

treated as strangers on sufferance, who might enjoy the benefits of

the law of nations and of humanity, but not the rights of citizens.

The only relief measure was that the various protection-taxes were

consolidated into an annual impost of 22,000 florins. Even the Ghetto

was again held out to them as their residence; they were cautioned not

to renew their leases in town with Christian landlords, because the

day would soon dawn when they would have to return to their prison.

Naturally, the Jews of Frankfort used their utmost endeavors to have

these exceptional laws annulled, the more as their co-religionists in

the neighboring kingdom of Westphalia were enjoying equality. When

the Rhenish Confederation was dissolved and the Duchy of Frankfort

created with a constitution of its own, recognizing the equality of all

inhabitants, of whatever belief, Amschel, Gumprecht, and Rothschild

(the first court-agent who made princes subject to himself), as

representatives of the Jews, did not rest until they had induced the

Archduke Dalberg and his council to establish their equalization by

a special law in spite of all opposition. The new archduke being in

want of funds, besides desiring the freedom and equality of the Jews,

consented to grant these privileges for the sum of 440,000 florins

(being twenty times the amount of the annual tax of 22,000 florins),

150,000 to be paid at once, then 50,000, and the remainder in annual

payments of 10,000 florins. The law (published December 28, 1811)

decreed, "that all Jews living in Frankfort under protection, together

with their children and descendants, should enjoy civil rights and

privileges equally with other citizens." The Jews took the oath of

citizenship, entered upon their privileges and duties, and Louis Baruch

(Börne), a Jew, was employed in the ducal police. The Jew-street, or

what remained of it, lost its mournful privileges, and was swept out of

existence or joined to adjacent quarters. The proud patricians gnashed

their teeth at such unheard-of innovations. They had suffered a double

loss by the abolition of serfdom and of the old laws regarding the

Jewish inhabitants; but for the time they had to acquiesce.

The northern Hanse Towns, where German guild-narrowness joined to

ossified Lutheranism scarcely allowed the Jews to breathe, were

compelled by order of the French garrison to grant them equality.

Hamburg agreed to place all its inhabitants, including Jews, upon

an equal level (1811), and also admitted them to seats in the civic

council. The following testimony was afterwards adduced in their favor--

"With all the privileges of equality received, or guaranteed,

their much-feared presumption did not obtrude itself, nor

had any disadvantages accrued to the Christian citizens;

on the contrary, the Jews displayed a quiet, modest, and

friendly demeanor in spite of additional prerogatives, and

showed eagerness to work for the public weal. Several gained

distinction by their great benevolence and patriotism."

The small town of Lübeck showed more opposition to the settlement and

emancipation of a few Jews under French protection. Hitherto only

about ten families were tolerated in the town as "protection Jews,"

who were forbidden to engage in trade, join the guilds, or obtain

possession of houses. These privileges were regarded as exclusively

Christian; no Jews dared claim them. Only three Jews were allowed to

come daily into Lübeck from the neighboring town of Moisling (under

the dominion of Denmark or Holstein), and these were compelled to pay

a sort of poll-tax at the gate. Any deputy of the merchants' guild

could lay hands upon them, and take them before the police, if they

sold goods, and everything found in the possession of such suspects was

confiscated. With the advent of the French (1811-1814), about forty-two

Jews from Moisling and fourteen foreigners with their families moved to

Lübeck, thus bringing the number of families in Lübeck up to sixty-six.

These sixty-six Jews aroused the fierce rage of the Lübeck patricians

even more than Napoleon's sovereignty. The embargo laid by Napoleon

upon the Continent to annoy England had attracted several Jewish

families to North Germany, hitherto unfriendly to Jews.

In the Hanse Town of Bremen, which until then had known only traveling

Jews, who paid toll on entering the town, Jews took up residence under

French protection, not indeed in great numbers, but too many for the

bigotry of the patricians. Here, too, they were allowed equal rights

with other citizens. Even the Duke of Mecklenburg, Frederick Franz,

granted the equalization of the Jews (February 22, 1812), and allowed

marriages between Jews and Christians, a greater concession than those

made by any other code. Prussia also could no longer resist the tide

in favor of the Jews. In Prussia they had displayed much greater love

for their native land, and brought more sacrifices during the times

of trouble than many of the corrupt nobility, who had ingratiated

themselves with their victorious enemies. But a long time elapsed

before King Frederick William III could overcome his aristocratic

and religious repugnance to them. He only abolished the insulting

cognomen of "protection Jews," declaring them not only admissible to

the citizenship of towns, but under compulsion to perform its duties.

They were forced to take the oath as citizens of towns and to share in

the burdens of the cities in which they lived. But they were not to be

recognized as state citizens, their position being the reverse of that

of the Jews in Baden. The prospect of equalization as state citizens

was continually held out to them, but the promise remained unfulfilled

for several years. When Hardenberg again assumed control of the

disturbed affairs of the state, and insisted upon the repeal of decayed

laws and the removal of rotten conditions, he favored the removal

of the civil disabilities of the Jews, so that by their help new

strength should be infused into the mutilated, bleeding, impoverished

territory,--help which it could ill spare in its wretched state of deep

depression. David Friedländer and his friends, Berlin capitalists,

used their utmost efforts to bring about the state equalization so

long promised. The king again and again delayed the ratification of

the law submitted to him by the chancellor. At length--moved, it is

said, by the interest taken by the Berlin Jews in commemorating the

death of the much-suffering, lamented Queen Louise,--Frederick William

gave his assent (March 11, 1812) to the equalization of all Jews at

that time settled in Prussia. They were to be admitted to posts in

schools and colleges; but the king withheld the privilege of admission

to state offices. With the privileges, they were to assume the duties,

especially as soldiers. Their religious affairs were to be regulated

afterwards: "When the plan for their religious organization is drawn

up, such Jews as enjoy public confidence both on account of their

knowledge and probity will be consulted."

Three German princes alone withstood the spirit of the age: those of

Bavaria, Austria, and Saxony. The first, Maximilian Joseph, appointed

king of Bavaria by Napoleon, promulgated an edict (June 10, 1813),

which appeared to concede equality to Jews, at least to those who

possessed the right of settlement. But it was equality with many

limitations. In cities to which no Jew had hitherto been admitted,

their settlement was to depend upon the royal pleasure, and even in

those places where they had dwelt for a long time their numbers were

not to be increased, but rather diminished. In Austria, Leopold II

and Francis I, the successors of Emperor Joseph, who had somewhat

loosened the chains of the Jews, left the favorable intentions of their

predecessor unexecuted, and imposed new humiliations. In addition to

the unendurable burden of taxes in Bohemia, Moravia, Silesia, and

Galicia,--taxes upon candles, upon wine, and meat--a collection-tax

was imposed in Vienna, which was a toll upon every Jew who entered

the capital. Spies closely watched the Jew who stayed in Vienna

for a short time unprovided with a passport, and treated him like a

criminal. Marriages among Jews were still restricted, and could be

contracted only by the eldest son of the family, or by one able to pay

heavy bribes. Although Austria was so often overrun by the soldiers

of liberty, yet, impenetrable as the wall of China, it resisted every

innovation. In the newly-created kingdom of Saxony all the restrictions

imposed in the time of the Electoral princes and the Lutheran Church

were maintained in their fullest rigor. Saxony was rightly called the

Protestant Spain of the Jews. Indeed they were not suffered to dwell

in the country at all; only a few privileged Jews were admitted to the

two towns of Dresden and Leipsic, but under the express condition that

they could be expelled at any time. They were not allowed to have a

synagogue, but only to meet for prayer in small rooms, on condition

that they made no noise. In Leipsic and Dresden every privileged Jew

was compelled to pay annually seventy thalers for himself, besides

other sums for his wife, children, and servants. The Jews were

rigidly constrained in their choice of trades and occupations, and

were placed under strict supervision while traveling. When all other

German districts had abolished the poll-tax, Saxony still retained

it. The example of the two neighboring countries--Westphalia and

Prussia--had no influence upon this district, which at that time was

rendered doubly selfish by trade jealousy and religious prejudice. The

reactionary movement found plenty of fuel in Germany.

History of the Jews, Vol. 5 (of 6) · 第 14 / 21 章