1858.
THE CASE OF THE ABDUCTION OF EDGAR MORTARA--STRANGE
THEORY ABOUT BAPTISM--SIR MOSES INTERESTS HIMSELF
IN THE MATTER--ACTION OF THE EVANGELICAL SOCIETY--DISCOURAGING
OPINIONS.
Lady Montefiore was still very unwell, and Sir Moses himself was so
ill at Dover that he could not leave his couch in the morning after
his arrival; but there was no time for him now to allow himself to be
treated like an invalid or seek a few weeks' rest.
An important event which for the last five months agitated the minds of
Christians as well as Jews all over Europe and America seriously called
for immediate and energetic action, and he considered it his duty to
rouse himself, and step into the breach.
I refer to the case of the abduction of the child Edgar Mortara from
the house of his parents at Bologna.
The first official information of this had been received by means of a
letter from the President of the Council of the Israelite community of
Turin, addressed to Sir Moses as President of the Board of Deputies.
This letter was accompanied by a memorial from twenty-one Sardinian
congregations, adverting briefly to the facts of this distressing
case, detailing the measures they had adopted in reference thereto,
and earnestly appealing to the Board of Deputies for its immediate
co-operation.
The full details of the case are given in a memorial addressed to the
Pontifical Government on behalf of the Mortara family, of which I give
a short abstract.
"On the 24th of June 1858, in Bologna, the boy Edgar Mortara, under
seven years of age, was snatched away from his Jewish parents under
pretext of having been secretly baptised. The distressed father
repeatedly but vainly applied to the authorities for an explanation of
the circumstances which had led to the abduction of his son. It was
only after several weeks that he was able in an indirect way to learn
that Anna Morisi, a former servant in his house, had, many months
previously, told another servant girl that, at the instigation of a
certain Lepori, a druggist, she had baptised the child Edgar when no
one was present, and when he was about one year old and dangerously
ill. It was further said that this took place on an occasion when
another of Mortara's sons was dying, and Morisi was urged by the other
girl to baptise him also, which, however, she declined to do."
Mortara on these statements made the following observations:--
"_1st._ That it is true that the child Edgar, when a little more
than one year old, was taken ill, but only of a slight ailment very
common among children, and the child's state could not have created
any serious apprehensions in the mind of any one, therefore the
condition did not exist on which it is permitted to baptise the
children of infidels _invitis parentibus_, viz., the certainty of an
inevitable death. And, indeed, it would be in contradiction to the
maxims of the Church on paternal authority to suppose such a thing
authorised before the approach of death, which removes a child from
the authority of his parents. Supposing for one moment that the
confidence entertained by the parents in the recovery of their child
were not shared by the over-zealous servant, it could not be supposed
or maintained that on the erroneous supposition of a person the law
could be diverted from its true meaning and from the established
rules for its application.
"_2nd._ The event, as narrated, was not legally examined into, nor
was any witness called or confronted. How is it then that while
nobody can be legally deprived of the smallest of his possessions
without incontestible proofs, now on a simple and bare assertion of
a servant girl it is sought to establish a fact, the consequence of
which is to rob a father and mother of their child? And indeed there
are some important authorities on canonical law, who find the sole
deficiency of evidence a sufficient reason to declare the nullity of
baptisms under similar circumstances.
"_3rd._ The girl Morisi has spoken on the subject after five years of
absolute silence. Therefore the suspicion is not without foundation
that she could not perfectly recollect having then observed and
fulfilled all the requirements of the baptismal rite with that
zealous precision required for the validity of this sacramental act,
and particularly as she had not then arrived at the sixteenth year of
her age, and was as simple, ignorant, and inexperienced as could be."
After these considerations of the legal aspect of the case, he proceeds
to some general arguments on which the Mortara family found a hope
that the authorities in whose hands the decision rests will order the
restoration of their child.
The memorial then points out the aversion and contempt resulting
from an imposed religion, and shows that ever since the Church
adopted the solemn principle, "Love thy neighbour as thyself," it
tacitly acknowledged free-will in all, and, at the same time, its own
inability to punish, although it might lament, the religious beliefs of
others. It next argues that baptism conferred upon an unwilling adult
being null and void, the same law should apply to a minor _invitis
parentibus_, and declares that there is no power on earth within the
bounds of justice and humanity that could impose upon a child a creed
different to that received from the paternal precepts as long as the
will of the father is that of the son. There is nothing on earth that
belongs more legitimately to a father than his children. The baptism of
an adult while asleep is void, as the free consent so essential to the
sacramental act is wanting; why then, in the present case, where the
subject was also asleep, should he be judged differently?
Then follows a series of references to high clerical authorities
from the year 1587 down to 1840, who have, one and all, decreed the
illegality of forced baptism, and the necessity of restitution in cases
of abduction.
A correspondence was immediately opened with the principal Hebrew
communities, and with many persons of distinction professing various
religious creeds, in Europe and America. In England especially, the
Evangelical Society, through Sir Culling E. Eardly, took a leading
part in their endeavour to serve the cause of justice. Copies of the
memorial, from which I have given the above extract, together with
copies of the "Bullarium Romanum" (vol. v., p. 60, xxvi.), against
secret baptisms; a letter from "The Jurist," published in London,
November 13th, 1858; an extract from the Annual Register of October
1774, referring to the restoration of a Jewish girl, aged nine, to her
parents; and a copy of depositions made at Bologna before the notary
Verardini, were forwarded to them to guide them in their pleadings for
humanity, and frequent meetings of a Committee appointed by the Board
were convened by the President to consider the best means for securing
the restoration of the child to his parents.
A report of the result of the deliberations of the said Committee has
been made by Sir Moses to the Board of Deputies, a portion of which I
copy for the information of the reader.
"The letter and memorial from Sardinia," Sir Moses says, "were
without loss of time submitted to the Deputies at a meeting, and
this Committee was thereupon appointed with power to adopt such
proceedings as, in their judgment, they might consider expedient.
"'The Committee met on the day of their appointment, and at once
determined to appeal for co-operation to the Central Consistory of
the Israelites of France, and to the central Jewish authorities
at Amsterdam. They further determined to memorialise the British
Government, soliciting its powerful intervention, and feeling well
assured of its humane and friendly sympathy. The Committee further
resolved to transmit to the press copies of communications received
from Turin, and they have every reason to feel grateful to the press,
particularly in England, France, Germany, and the United States, for
its able and humane assistance.
"'At a subsequent meeting the Committee determined to transmit a
report of the case, as it had appeared in the _Times_ newspaper, to
every member of the Catholic clergy throughout the United Kingdom,
and about 1800 of such reports were circulated accordingly.
"'The Committee, through the medium of the President, have also
appealed for co-operation to the Jewish Congregational bodies in
the principal cities and towns of Germany and the United States of
America, and they rejoice to be able to report that their appeal
has been zealously responded to, and that various bodies of their
co-religionists are taking active measures to seek redress for the
grievous wrong which has been committed.
"'It is well known,' the Board of Deputies announced, 'that the
Committee of the Evangelical Alliance and other religious societies
of the Protestant community have manifested great interest in this
unhappy case. They have on various occasions conveyed to this
Committee the expressions of their kind sympathy, and the Committee
are assured that the humane and zealous interposition of these
important bodies may be relied on.
"'Although, as will have been seen from the correspondence which has
been published in the daily press, the British Government is unable
to assist the case by a direct intervention, its views thereon are
emphatically pronounced, and the Committee offer their grateful
acknowledgments for the prompt attention and great kindness they have
received from the Earl of Malmesbury and Mr Fitzgerald throughout the
communications which have taken place between your Committee and the
Foreign Office.
"'The Committee are strongly urged to appeal personally to the
Emperor of the French by means of a deputation from your body, and
from the Jewish congregations in the principal states of Europe and
America, under the hope that His Imperial Majesty, conscious that the
public opinion has declared itself indignantly against an outrage so
disgraceful to the present age, will exercise his powerful influence
with the Papal Government, so as to induce it to restore the young
child, Edgar Mortara, to its bereaved parents, and to denounce the
repetition of any similar practice.
"'The Committee, however, feel that they would not be justified in
the adoption of so important a step without bringing the matter under
the attention of the General Board, and have resolved to report
thereto their proceedings to date, and to seek therefrom further
instructions. They protest most strongly against baptism without the
consent of the party baptised.
"'In this particular case the Committee have purposely abstained
from entering into the full details of the abduction and of the
subsequent events relating thereto. To do this would be to extend
this report beyond reasonable limits. The Committee are in possession
of important documents and voluminous correspondence, extracts from
portions of which have from time to time appeared in the press. After
a careful consideration of these documents, your Committee have
strong grounds for believing that the alleged baptism never took
place. If it did, it was administered by the menial and illiterate
servant girl Morisi, when she was herself a child only fourteen years
old, and under circumstances which appear to render it invalid, even
by the Roman canonical laws. It is quite clear that the child, from
its tender age (twelve months), must have been unconscious of the
act; that up to the date of its abduction it had been nurtured in
the faith of its parents, and so far from there being any truth in
the statement that Edgar Mortara rejoices in his adoption into the
Catholic Faith (a statement which, considering the still tender age
of the child, is manifestly absurd), it yearns incessantly for the
restoration to its home,--while, alas! if report speaks truly, its
unhappy mother has been bereft of reason, and its father, prostrated
in spirit, is about to emigrate from the scene of his recent
afflictions.
"'The case in itself is one deserving of the sincerest commiseration;
but when viewed with reference to its bearings on society at large,
it appeals irresistibly to all; and the civilised world will indeed
be wanting in energy and wisdom if it permit the nineteenth century
to be disgraced by the retention of the child in contravention of
the laws of nature, morality, and religion, and most especially
it behoves the Jewish community to exert itself to the utmost in
so urgent a cause, so that if it fail it may have at least the
consolation of knowing that it has done its duty, while if, under
the blessing of the Almighty God, it succeed, it may rejoice not
only because the sorrows of an afflicted family will thereby be
alleviated, but also because a moral victory will have been achieved,
the advantages of which will be recognised and prized by every friend
of humanity, law, and order throughout the world.
"'MOSES MONTEFIORE, _President_.'
"At a meeting of the Board, held on the 22nd of December 1858, Sir
Moses Montefiore, President, in the chair, the following resolutions
were unanimously adopted:--
"'That in the opinion of this Board it is desirable to memorialise
the head of the Pontifical Government on the subject of the Mortara
case.
"'That Sir Moses Montefiore, Bart., President, be requested to
present the same personally, if and when his health and engagements,
and the health of Lady Montefiore, enable him to undertake the
journey.
"'That the Committee on the Mortara case be empowered to prepare the
memorial, and to make such arrangements as they may deem expedient
for a deputation from this Board, and other public Jewish bodies,
to accompany Sir Moses Montefiore on his mission; and to adopt such
other measures on the subject as they may consider necessary.'"
Sir Moses, with his usual readiness to serve a good cause, consented
to proceed to Rome, the Board having resolved that it was inexpedient
to send a deputation to the Emperor of the French, and now commenced
making the necessary preparation for his departure, as soon as Lady
Montefiore's state of health would permit her to accompany him.
He had, however, a pleasing duty of a political nature to perform
before leaving England, which he did not like to relinquish.
He was desirous to assist in the election of Baron Meyer de Rothschild,
to fill the vacancy at Hythe occasioned by the retirement of Sir John
William Ramsden; and, accompanied by his nephew, Mr Arthur Cohen, Q.C.,
he proceeded on Tuesday, February 10, 1859, to the hustings.
Baron Meyer de Rothschild was accompanied from Folkestone and Sandgate
by a vast cavalcade and two bands, and just before reaching the town
the horses were taken from his carriage, and the candidate drawn by
the inhabitants to the hustings, where he was received with reiterated
plaudits. He was surrounded by a number of influential friends,
conspicuous among them being Sir Moses Montefiore.
The usual formalities having been gone through, and the returning
officer having declared Baron Meyer de Rothschild duly elected, the
latter addressed the electors, after which Sir Moses congratulated them
on their choice. They could not, he said, have a better member than
Baron Rothschild. (Cheers.) "I thank God," he added, "that old as I am,
I have lived to see this day, and to witness your choice. I sincerely
thank you all. May God bless you."
The same day, on his way to Ramsgate, he received at Ashford a telegram
announcing that Alderman Salomons had been elected for Greenwich by
a majority of 889. "This intelligence," he said, "afforded me the
sincerest pleasure, for the Jews owe a deep debt of gratitude to him
for his strenuous exertion in the cause of civil liberty, regardless of
labour and expense." "I truly hope," he continued, "that both the new
members may long live to enjoy their honours."
Prayers having been offered up in all the London Synagogues for the
success of his mission to Rome on behalf of Edgar Mortara, Sir Moses
gave orders to hasten the preparations for the journey, and proceeded
to the Foreign Office to present a copy of the memorial of the Board
of Deputies to Lord Malmesbury. His Lordship received him most kindly,
read the memorial, and promised to give him letters of introduction to
the British Ambassadors and Consuls abroad; "although Sir Moses should
bear in mind, from a former conversation on the subject, that he (Lord
Malmesbury) entertained doubts as to the result of the mission."
_February 25th._--He received letters of introduction from Lord
Malmesbury to the Embassies of Paris, Turin, Florence, Vienna, and
to Mr Odo Russell (the late Lord Ampthill) in Rome; and on March 3rd
he and Lady Montefiore, accompanied by Dr Hodgkin and Mr Kursheedt,
embarked at Dover for Calais.
The journey from London was most trying to Lady Montefiore in
consequence of her impaired health, and they did not reach Rome till
April 5th.
Sir Moses lost no time in calling upon Mr Russell, and leaving his
letters of introduction from the Foreign Office and Lord Russell. Mr
Russell remembered having seen Sir Moses when he was with Lord de
Redcliffe at Constantinople, and said, "He would do all he could for
him, but without any expectation of succeeding in doing more than
obtaining for him an interview with His Holiness." "That day," he said,
"was a council day, and the ministers did not receive." Sir Moses gave
him a copy of the address, also a full statement of the Mortara case.
Mr Russell repeated his promise to do all he could, but added, "What
can a poor Attaché expect, when the French Ambassador with a French
army with him has failed, after making every endeavour?"
_April 9._--Mr John Abel Smith having given Sir Moses' letters of
introduction to Mr Pentland, the latter called, and said that he was
perfectly acquainted with the case, and had spoken with the boy. In
his opinion there was no hope of getting the boy, but every effort
should be made to obtain a pledge that such a proceeding should not
be sanctioned in future. He appeared to think that Sir Moses should
see the French Ambassador, and obtain his support, he having taken
so active a part in the matter by order of the Emperor. Sir Moses,
however, did not approve of that. "I am," he said, "so much of an
Englishman that I prefer the English representation, and would only act
in accordance with the advice of Mr Russell."
Mr Pentland, whom Sir Moses took to be an Irishman, was a highly
educated man of elegant and agreeable manners. He was very much with
the Prince of Wales, and said, "His Royal Highness was most amiable and
talented, and very popular with the Roman nobility and people."
_April 11th._--Sir Moses received the following letter from Lord de
Redcliffe:--
"MY DEAR SIR MOSES,--I return you herewith the Mortara memorial.
The case appears to be so clear that, according to our notions, you
ought to find no difficulty in obtaining justice; but judging from
what reaches me in conversation, I fear it will require all your
ability, energy, and experience to open the smallest prospect of
success. With every good wish, I beg you will believe me, sincerely
yours,
"S. DE REDCLIFFE."
"Everything I hear and see," Sir Moses said, "unfortunately confirms
the opinion given me before my arrival. I have not heard from any
person since I left London that there was the slightest hope of success
for my mission, and now fear that I may even be denied the opportunity
of presenting the address of the Board to the Sovereign Pontiff.
Should I fail in this object, my next endeavours must be to obtain an
introduction by Mr Russell to the Minister, Cardinal Antonelli."