History of the Jews, Vol. 5 (of 6)

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.