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."