If the Jews met with no favor in the eyes of those who formed public opinion in Germany, who had raised it from antiquated customs to a brilliant height of culture, both in the democratic and in the aristocratic camps, but experienced at their hands only repulse and scorn, how much worse was their relation to the great mass of the populace, still engulfed in the depths of darkest ignorance and crudeness! Two noble-minded Christians addressed to the Congress of Rastadt the soundest arguments that the German Jews should be raised from their ignominious condition. One of them, an unknown philanthropist, hurled the shaft of ridicule at the stupidity and bombastic haughtiness of the German Jew-haters, and the other, Christian Grund, demonstrated with pitiless logic the injustice with which the Jews were treated. Both desired to support the demand of the Dutch Jews to the diplomatic representatives, that the princes of Germany be compelled to respect the Jews, and that influence be brought to bear upon public opinion to that effect. Grund acted as a clever advocate for the Jews; he complimented the Germans in order to win favor with them. "The German Jews," said he, "venture to approach the German nation, capable of great deeds, the creator of its own destinies, not merely an imitator of the actions of other peoples, uniting their voice with that of their brethren, to petition the representatives of the nation at Rastadt most respectfully for the abolition of those distinctions under which they live, and for the acquisition of greater rights." The answer of the German princes and rulers was not very encouraging.
The most disgraceful degradation and humiliation of the Jews consisted in the poll-tax, an impost unknown outside of Germany. Of what advantage was it that Emperor Joseph of Austria and Frederick William II had remitted it? It still existed in all its hideousness in Central and Western Germany, in the districts of the Main and the Rhine, where diminutive states bordered close on other diminutive states of the extent of a square mile, and where turnpike after turnpike at short intervals presented itself. If a Jew took a day's journey, he passed through different territories, and at the borders of each had to pay a poll-tax. A Jewish beggar, accompanied by his young son, once exhibited his poll-tax bills, which amounted to a florin and a half for six days, paid in various places. The way in which the tax was levied was more degrading than the duty of paying it. Very often the tax amounted to a few kreuzers, which only the poor, who were not exempt from it, felt as a burden. But the brutal procedure of the officers, and the ignominious treatment at each frontier-line offended also the rich. As long as the French armies were encamped in German territory, the Jews escaped paying the poll-tax. But no sooner was the peace of Lüneville concluded, and the French troops withdrawn, than the petty German princes re-imposed the tax, not in order to raise the small income derivable from this source, but to humiliate the Jews. They inflicted the insult also upon French Jews who crossed the Rhine for business purposes, defending their action by a literal construction of one of the articles of the peace of Campo Formio, which stated: "All business and intercourse shall for the present continue under the same conditions as before the war." The French Jews, proud of their citizenship, would not submit, severed their business connections with Germany, and complained of the injustice to the French government, by whom the question was not lightly passed over. The government commissioner Jollivet despatched a circular letter (1801) to the agents of the French Republic resident at German courts, instructing them not to permit French citizens of the Israelite faith to be degraded to animals. They were to make earnest representations to the governments concerned, and menace them with retaliation. Several small princes, like those of Solms, gave heed, and forthwith removed the poll-tax; from fear of the French the French Jews were freed from it, but it still weighed heavily upon German travelers. Every step towards the removal of oppressive restrictions in Germany was the result of great exertions.
In consequence of the peace of Lüneville, the Holy Roman Empire was now for the first time dismembered. The representatives of the Empire, assembled in Ratisbon, were driven to seek means of bringing their disunited members into some sort of order, or to decide upon the indemnity for the damage suffered. To this conference of the ambassadors of eight princes, occupied with traffic in territory, and regarded by the short-sighted as representing the German nation, the German Jews presented a petition asking for passive citizenship (November 15, 1802). This entreaty was drawn up "in the name of the Jews of Germany," by state attorney Christopher Grund. Which congregation, or what individuals zealous for emancipation had commissioned him to do this is not exactly known. It appears that the petition originated in Frankfort. It prayed that the representatives of the Empire remove from the German Jews the burdensome distinctions under which they labored; that the narrow confines in which they were forced to reside be thrown open, so that for the sake of health and free enjoyment of life, they might select their own dwelling-place in the cities. Further, that the bonds by which their population, their trade, and their industry were restricted to a fatal degree be loosened, and that, in short, the Jewish community be considered worthy, by the grant of civil rights, to constitute one united people with the German nation. The Jews, or their attorney Grund, cited the fact that they were "classed with dishonorable persons, outlaws, and serfs." The miserable condition of the Frankfort community, which, after the orders promulgated for the regulation of the town in 1616, had been deprived of natural freedom, and crowded together into the narrowest limits, served as a conclusive proof. The example of France and the Batavian Republic in emancipating the Jews was adduced; but the Jews could hardly have deceived themselves with the fond hope that the representatives of the Empire would concede so much to them. They hoped at least to have one restriction removed, viz., that of the poll-tax, and this point was insisted upon with great vigor. "The most degrading of all these disabilities," they said, "is the poll-tax, which removes the name of Jew from the category of rational beings, to place it among wild beasts, and forces him to pay his way when he sets foot upon one soil or another." Contrary to expectation, this petition to the representatives of the Empire was handed in and supported by the most distinguished member among them, the ambassador from the Electorate of Bohemia or Austria. He proposed the motion "that the Jews of Germany be allowed civil rights" (at the end of 1802). Meantime the Indemnification Congress had other affairs to engross its attention, and its members were unable to occupy themselves with the Jewish question. The petition was buried under a pile of state papers.
Nothing was to be expected from the German people, as those who watched the course of affairs readily perceived. The Jews therefore directed their zeal towards inducing the various governments to remit the poll-tax. Two men made their names famous in the struggle to remove this odious impost, viz., Israel Jacobson and Wolff Breidenbach. The former, court agent and finance counselor to the Prince of Brunswick, succeeded in procuring the abolition of the poll-tax in the territories of Brunswick-Lüneburg (April 23, 1803). During a number of years Wolff Breidenbach strove in the same cause, and effected more far-reaching results. Breidenbach was born in a village of that name near Cassel, 1751, and died at Offenbach 1829. He was a man of high culture, noble ideals, and so modest that his name has almost been forgotten in spite of all the sacrifices he made on behalf of the German Jews. He did not, like Jacobson, make provisions to have his name spread far and wide.
Deeply moved by the annoyances, and the contemptuous treatment inflicted on Jewish travelers in places where the tax was imposed, which came daily under the notice of Breidenbach in his business journeys, he determined at least to have the poll-tax remitted, and applied himself with all his energy to this task. Quietly he strove to have the chain loosened, where it weighed most heavily. He perceived that large sums of money would be required to provide presents for the police magistrates and the city clergy under the pretense of giving alms to the poor, and also "to erect beautiful monuments in honor of magnanimous princes" who would allow themselves to be influenced to leave the Jews untaxed and unoppressed. He was not able to meet this enormous expense out of his own means. He therefore issued a summons to German and foreign Jews (September, 1803), asking them to subscribe to a fund, from which the cost of abolishing the poll-tax might be defrayed. It was well known at the time who circulated this appeal, but out of modesty, Breidenbach did not append his name. By these means, and through negotiations with the minor German princes at the Diet in Ratisbon, carried on with the friendly help of the imperial chancellor, Dalberg, and finally by the recommendations of the princes themselves, who learned to esteem him, Breidenbach succeeded in obtaining the right of free passage for the Jews throughout the Rhineland and Bavaria. Even the narrow-minded, Jew-hating, most noble council of Frankfort was moved by Breidenbach's petition to abolish the poll-tax exacted at the gates and bridges.
The petition of the Jews to the representatives of the Empire for civil privileges, however restricted, the feeling displayed by several princes in favor of removing their bonds, and other signs, made the Jew-haters of Germany suspect that the old condition of imperial serfdom would soon vanish. They were terror-struck; they could not conceive the idea that the down-trodden Jews should be raised from their abasement in Germany. This painful idea induced a host of authors, most of them jurists, as if by mutual agreement, to employ all their efforts in various parts of Germany in opposing the deliverance of the Jews from slavery. Among these men were Paalzow, Grattenauer, Buchholz, and many anonymous writers, who persisted in their hostility for several years (1803–1805). They displayed hatred to the Jews, so malignant that it savored of the days of the Black Death, of Capistrano, Pfefferkorn, and the Dominicans. They produced an artificial fog, to prevent the spread of rays of enlightenment. In former days it had been the servants of the church who had branded the Jews with dishonor. Now the priests of justice assumed this part, and by perversion of justice sought to keep the Jews in servitude, for which course Fichte had prepared the way. As soon as the petition of the Jews reached the representatives of the Empire in Ratisbon, a jurist of South Germany opposed it, urging that a thousand reasons existed why Jews were unworthy of becoming citizens of the Empire and the provinces. The greater number and the most obstinate of the representatives of this Jew-baiting movement had their seat in Berlin, the city of enlightenment and of the Christianity taught by Schleiermacher. The character, teachings, and history of the Jews, even their prophets and patriarchs, in fact, everything Jewish, was attacked by these cowardly writers, most of whom wrote anonymously, and was made the subject of foulest abuse and vituperation.
The leaders of Berlin Judaism were at a loss how to oppose these systematic onslaughts. David Friedländer remained silent. Ben-David resolved to write an answer, but wisely abstained. The parts were now changed. In the days of Mendelssohn, and for some time afterwards, the German Jews had acted as guardians to the French Jews whenever the latter had any grievances to redress. Now freedom had made the French Jews so powerful and confident that they repulsed every attack upon themselves and their belief with courage and skill. The Berlin Jews, who had always been ready enough to boast of their courage, at the first hostile attack found themselves helpless as babes. In their perplexity they solicited the aid of the police, who issued an order that no pamphlet either for or against the Jews should be published. This step was regarded by their antagonists as a sign of cowardice or a confession of powerlessness. A new abusive tract, entitled "Can the Jews remain in their present condition without harm to the state?" gave additional weight to the accusations against them.
"What were a number of the most wealthy Jews or their fathers twenty or thirty years ago? Hawkers, who crawled about the streets in ragged clothes, annoying the passers-by with their importunity to buy some yards of Potsdam hair riband; or rustics, who, under the pretext of trading, stole into Christian dwellings, and often did damage to their owners."
This writer proposed to render the Jews harmless by means more revolting than those employed in the Middle Ages.