Finally, the greatest number of sentences of exile have been pronounced against them in Germany. As well imperial decrees, as those of particular princes, have been repeatedly issued, for removing these people. The beginning was made, under Maximilian I. at the Augsburgh diet in 1500; where the following article was drawn up: “Respecting those people who call themselves Gipseys, roving up and down the country—By public edict, to all ranks of the empire, according to the obligations under which they are bound to Us and the Holy Empire, it is strictly ordered, that in future they do not permit the said Gipseys (since there is authentic evidence of their being spies, scouts, and conveyers of intelligence, betraying the Christians to the Turks) to pass or remain within their territories, nor to trade or [a/]traffic; neither to grant them protection nor convoy. And that the said Gipseys do withdraw themselves, before Easter next ensuing, from the German dominions, entirely quit them, nor suffer themselves to be found therein: as in case they should transgress after that time, and receive injury from any person, they shall have no redress, nor shall such person be thought to have committed any crime.” The same business occupied the attention of the diet in 1530, 1544–48–51; and was also again enforced in the improved police regulation of Frankfort in 1577.
Several princes were however so little attentive to these orders of the empire, that, instead of endeavouring to drive out the Gipseys, they, on the other hand, furnished them with passports and safe-conducts: others, on the contrary, and by far the greatest number, exerted themselves to the utmost to clear their states of this vermin, and some still continue the same watchfulness.
Hence it appears how universally the opinion was adopted, that banishing the Gipseys was the only method to be secure from their malignity. Perhaps there is not one civilised state, Hungary and Transylvania excepted, where this remedy has not been tried: but whether it be as expedient as it has been hitherto general, is much to be doubted.
In the first place, it had very little effect, and [a/]that little was only temporary. Even if every civilised nation had driven out the Gipseys at the same time, Europe could not have been entirely cleared of them, so long as they preserved an asylum in Turkey. Now, as experience evinces there is no country in which a constant equal attention is paid to the execution of the laws, they would, in more or less time, have again insinuated themselves into the neighbouring countries; from these into others; and recommenced where they had left off. But a general extermination never did happen: for the law for banishing them passed in one state before it was thought of in the next, or when a like order had long become obsolete and sunk into oblivion. These desirable guests were, therefore, merely compelled to shift their quarters to an adjoining state, where they remained till the government began to clear them away; upon which the fugitives either retired back whence they came, or went on progressively to a third place, thus making a continual revolution.
Secondly, this remedy was premature: endeavouring to exterminate was the same as if a surgeon should proceed directly to the amputation of a diseased limb, because it created inconvenience to the rest of the body. Whereas the first enquiry ought to be, Whether the disorder were of such a nature, as not to be removed but by entire separation? This is a desperate course, and should only [a/]be adopted when no other can be efficacious. Though it be proved that the Gipseys had occasioned ever so much mischief, it was not impossible that they might cease to be such pernicious beings: at least there had never been any trial made, by which this impossibility could be ascertained. Men may be formed to any thing. Had proper means been used for their civilisation, it is highly probable the event would have proved that they were not incapable of becoming better. If several Gipseys, at different times, have voluntarily emerged from their savageness, how much more likely is it that the remainder might have been altered, had they received such aids as their necessities required?—But expelling the Gipseys entirely was not merely a premature step; it was,
Thirdly, a wasteful one. This may perhaps appear strange, but is indisputable, so long as the state maxim holds good—that a numerous population is the most advantageous. It is allowed that a state would not lose any thing by the Gipseys, as Gipseys; on the contrary, it would be a gainer, because an obstacle to the general welfare would be removed: but this is not the matter in question. If the Gipsey do not know how to make use of the faculties with which nature has endowed him; let the state teach him, and keep him in leading-strings till the end is attained. And though the root of this depravity lie so deep, that it cannot be removed in the first generation, a continuation of the same care will, in the second and third descent, be sure of meeting its reward. Now let us reflect on a Gipsey when he has discontinued his vagrant mode of living—consider him with his fecundity and numerous family, who by being reformed are made useful citizens—and we shall perceive how great a want of economy it was to throw him away as dross.
Nearly the same idea has occurred to other authors; at least they so far agree in what has been advanced, that they advise rendering the Gipseys useful: only the means they recommend are liable to powerful objections. They think the state might make public slaves, or penitentiaries, of these people, and put them to all kinds of work. But such dependants, even supposing them to be employed in the most beneficial way, are always a nuisance and burthen to a state. Besides, in the above scheme, there is no proposal made for the bettering these people: they must, therefore, remain under the restraint of convicts, from generation to generation. And, if allowed to increase, what could be done at last with this multitude and their brood? Would not whole districts be required, merely to turn the thousands of these wretches into? Moreover, what an expense and inconvenience to superintend them! Plausible, therefore, as that proposal appears at the first glance, little will it stand the test of a closer examination.
Banishment was not the proper method to be adopted; nor would it have been adviseable to make them penitentiaries or galley-slaves: but care should have been taken to enlighten their understandings, and to mend their hearts.
However, what has been hitherto omitted, there is still time enough to execute. Few, or scarcely any, of the larger states are so entirely cleared of Gipseys, that these people may not here and there be found by hundreds, in most countries by thousands. The periods when the first sentences of banishment were pronounced, were too unphilosophical for any preferable mode of punishment to be suggested: but it may be expected, from a more informed age, that better maxims will be adopted. We send apostles to the East and West, to the most distant parts of the earth, and, as will be hereafter shewn, into the very country whence the Gipseys migrated, in order to instruct the people who know not God. Is it not inconsistent for men to be solicitous for the welfare of their fellow-creatures in distant regions, and to throw off and leave to chance those who, equally wretched, have brought their errors home to us? If it be a good work, to teach religion and virtue to such as are ignorant of their Creator, why not begin with those nearest to us? especially as neglect, in this particular, is attended with detriment to society in general. The Gipseys have been long enough among civilised people, to prove that they will not be allured, by the mere example of others, to free themselves from the fetters of old customs and vices. In order to accomplish that end, foreign and more effectual help is requisite. It were vain to hope for any considerable progress with those who are grown up; it would be sufficient, by compulsion, to make them quit their unsettled manner of life, and, by instruction and teaching, to convey a glimmering of light to their understanding, and produce some amelioration of the heart. Proper care being taken of the education of the children, society would be more likely to have its endeavours crowned with success.