By Ben Weider, CM, PhD One of the many contributions that Napoleon has made, and perhaps his most important and lasting one, was his Civil Code. This was written at a time in history when discrimination was rampant. It was then that Napoleon decided to liberate and offer Liberty, Equality and Fraternity to Jews, Protestants and Freemasons. He also opened the churches that were closed for years. The Civil Code of 1804 was to grant religious freedom to all of them. At the time, there were about 480,000 Calvinists and 200,000 Lutherans living in France. In 1804, Napoleon arranged for the public regulation of the Protestant communities and then decided that the State would assume the responsibility for the salaries of their pastors. Now, how did Napoleon's involvement with the Jews come about? It started on the 9th of February 1797. When Napoleon occupied Ancona, a strange thing happened. He was amazed when he saw some people wearing yellow bonnets and arm bands on which was the "Star of David." He asked some of his officers why these people were wearing the bonnet and arm bands and what was its purpose. When he was told they were Jews and they had to be identified so they could return to the ghetto in the evening, he immediately gave an order that they should remove the yellow bonnet and armbands. He then authorized the closing of the ghetto and allowed the Jews, to live wherever they wanted, and to practice their religion openly.
Why did Napoleon do this?
Here is yet another incident of interest. On the 12th of June 1798 when the French occupied Malta, he learned that the Jews were not permitted to practice their religion in a synagogue. He immediately gave them permission to build a synagogue.
Again I ask - Why did Napoleon do this?
Now here is an amazing incident that is not generally known. When the French troops were in Palestine, and besieging the city of Acre, Napoleon had already prepared a Proclamation (See Appendix) making Palestine an independent Jewish state. He felt confident that he could occupy Acre and the following days he would enter Jerusalem and from Jerusalem he would issue his proclamation. He was unable to realize this project because of the intervention of the British. This proclamation was printed and dated the 20th of April 1799, but his unsuccessful attempt to capture Acre prevented it from being issued. The Jews had to wait about 150 years before their state was proclaimed.
Why did Napoleon do this?
It just doesn't make sense, because he had nothing political to gain. However, the answer could be discovered in a private conversation that Napoleon had with Dr. Barry O'Meara, which took place on the Island of St. Helena. On the 10th of November 1816, Dr. O'Meara (who was Napoleon's personal physician at the time) asked the Emperor point blank as to why he was encouraging and supporting the Jews. The Emperor Napoleon replied, and I quote, "My primary desire was to liberate the Jews and make them full citizens. I wanted to confer upon them all the legal rights of equality, liberty and fraternity as was enjoyed by the Catholics and Protestants. It is my wish that the Jews be treated like brothers as if we were all part of Judaism. As an added benefit, I thought that this would bring to France many riches because the Jews are numerous and they would come in large numbers to our country where they would enjoy more privileges than in any other nation. Without the events of 1814, most of the Jews of Europe would have come to France where equality, fraternity and liberty awaited them and where they can serve the country like everyone else." During the different periods of Napoleon's career, his sympathy for the Jews was clearly noted. He did everything he could to assure that the Jews were treated on an equal basis as Catholics and Protestants. The French Revolution in 1789 was to change all the various restrictions that Jews had to face in France. It was on the 27th of September 1791 that France adopted a decree, which accorded the Jews of France full citizenship. However, the Legislative Assembly, did not take any specific measures to apply this new freedom that was granted to the Jews. The National Convention closed the synagogues, forbid the use of the Hebrew language and in general made their lives difficult. Under the Directory, the synagogues were open again and Jews got involved in business and in political life. But, in general, the Jews were barely tolerated. Before Napoleon took over the leadership of the French government, the political situation of the Jews was precarious, unstable, and had to submit to negative laws, and according to specific regions of France, they were some times treated in a liberal manner and some times in a tyrannical manner. Napoleon was the only government leader that gave Jews equality when most other nations kept them in bondage. When strong opposition in France manifested itself, Napoleon stood firm in his support of Jewish equality. When Napoleon came to power, he did not liberate the Jews for political reasons because there were not much more than 40,000 in all of France, who were living in various provinces. The province where Jews were most persecuted was Alsace, where half of the Jewish population of France was living. In Paris, there were approximately 1,000 Jews. They were excluded from doing business, excluded from government positions and from the purchase of property. The new law dated the 8th of April 1802, which dealt with the organization of various religions, the principle leader of this law was Jean-Etienne Portalis who said: "Jews should participate as equals, like all other religions as permitted by our laws."
Although there was tremendous opposition by the anti-Semites, Isaac Cerf-Berr, one of the leading Jewish citizens, presented to Minister of Religion Portalis a specific plan that would ensure Jewish integration into the population. The plan was brought to Napoleon at his camp in Boulogne in 1805. He approved the plan and instructed Portalis to implement it as quickly as possible. It was in 1806, after the Austerlitz campaign, that Napoleon aggressively supported total liberty for the Jews. Notwithstanding this, the French newspaper, the Mercure de France, published a violently anti-Semitic article stating that the Jews could have freedom in France provided they all converted and became Catholic. Great opposition to Napoleon's plan to make equal citizens out of the Jews living in France was led by Molé, Beugnot, Segur, and Regnier. Notwithstanding this heavy opposition, including anti-Semitism generated by numerous newspapers, Napoleon was quoted as saying, "This is not the way to solve the Jewish question. I will never accept any proposals that will obligate the Jewish people to leave France, because to me the Jews are the same as any other citizen in our country. It takes weakness to chase them out of the country, but it takes strength to assimilate them." The decree issued on 30th of May 1806 requested that a special assembly of Jewish leaders and Rabbis from all of the different French departments, would meet in Paris and discuss all outstanding matters including answering questions dealing with accusations against the Jews made by the anti-Semites. On the 23rd of July 1806, all of these representatives met in Paris. During this time Napoleon stated: "My desire is to make Jews equal citizens in France, have a conciliation between their religion and their responsibilities in becoming French, and to answer all the accusations made against them. I want all people living in France to be equal citizens and benefit from our laws." One hundred eleven representatives of the Jewish community, representing all the various departments of France and Northern Italy met at the City Hall situated at St. Jean on rue des Piliers. Napoleon had requested answers to accusations made against the Jews so he could understand their position clearly. The reunion of so many Jews from the different parts of France represented the renewal of the famous "Sanhedrin" which ruled Israel from 106 to 170 before Jesus Christ. The Sanhedrin continued to be an important force in Israel until 72 AD when the Roman General Titus destroyed Jerusalem. The Sanhedrin replaced the monarchy in Israel in those days and it was their authority that administered the country. They interpreted the law, and sat as judges in major cases. This was the first time since the Sanhedrin was disbanded in Israel that the great liberator "Napoleon" reconvened it. Tsar Alexander of Russia protested violently against the liberation of the Jews and encouraged the Orthodox Church in Moscow to protest aggressively. Catholic Austria and Protestant England also protested. In Prussia, the Lutheran Church was extremely hostile towards Napoleon¹s decision and reaction in Italy was also not favorable but not as aggressive. Napoleon was concerned about these protests, which also included some leading personalities in France. Therefore, in 1806, after the campaign of Prussia, and shortly after the victory at Jena, he made a speech in the city of Posen on the 29th of November 1806, where he gave the results of the deliberations of the Sanhedrin, which pleased him very much. The Sanhedrin was convened again on 31st of January 1807 for two months, in order to fine-tune the law that would make the Jewish religion equal. The special decree of 1806 liberated the Jews from their isolation. Judaism became the official third religion of France and the method Napoleon implemented to have Rabbis serve the nation is still in effect today and is the basis of the government's relation to the Jewish population. The uncle of Napoleon, Cardinal Fesh, also got involved. He told Napoleon, "Sire, so you wish the end of the world to come with your actions to give the Jews equality as Catholics." Even Marshall Kellermann supported by Mole mobilized opposition to Napoleon's laws about the Jews and recommended strongly that the Jews be prohibited from dealing in commerce. The Emperor replied formally and strongly, "We must prevail in encouraging the Jews who are only a very small minority amongst us. In the departments of the East, we find a great number of Jews that are very honest and industrious." Because of the tremendous amount of criticism that Napoleon was receiving from such famous personalities as Chateaubriand, Cardinal Fesh, Marshal Kellermann, Tsar Alexander and numerous others, Napoleon felt obligated to introduce a "Restrictive Decree." On the 17th of March 1808, this decree limited the freedom given to the Jews. His plan was to reduce criticism to a manageable level and then gradually, over time, remove the restrictions one-by-one. On the 11th of April 1808, Napoleon received into a special audience, Mr. Furtado and Maurice Levy of Nancy, who wanted to express the emotions of their co-religionists about the restrictive decree. After hearing them out, he immediately ordered 13 departments, including those of Le Midi, The Southwest and Les Vosges to eliminate the decree. In June of that same month, Livourne and the lower Pyrenees were also ordered to remove the "Restrictive Decree." Therefore, within three months of this restrictive decree, more than half of the departments involved were able to reinstate the liberty extended to their Jewish citizens. The last holdout was Alsace. This province eventually removed the restrictions. Therefore, in 1811, all restrictions were removed and nothing from a political or civil activity distinguished the Jews from non-Jews in France. Here is a true anecdote that proves how Napoleon was sympathetic to his Grognards. A young member of the Army served with exceptional bravery. He was from Alsace. The Emperor decided to decorate him with a medal in front of his troops. The Emperor said, "David Bloom, you are a brave soldier. Your place with the Old Guard is inevitable." Then he took off his own silver medal, which he wore proudly, and pinned it on David Bloom's uniform. David Bloom responded by saying, "Sire, I am from Alsace and I find it difficult to accept this decoration as long as my family is being dishonored by French laws that limit their equality and freedom." Napoleon was visibly upset and was reported to have said, "They have lied to me again, and I will correct these unfair restrictions immediately."
Napoleon was the first leader in Europe to grant liberty, equality and fraternity to all religions. In this lithograph of the period, Napoleon is granting liberty to the Jews.
Due to the close collaboration between the administration officials and the local Rabbis and leaders, the Jews were able to leave the ghettos where they were confined and to participate freely in the life of France. Jews were able to enroll in the universities, participate in whatever professions they wanted and were able to work for various government agencies. Nothing was prohibited any more. The Imperial Almanac of 1811 reported that the Jewish religion was now one of three religions accepted by the French government. Napoleon's effort to liberate the Jews was effective, not only in France, but also in all the other countries where France ruled. The new Civil Code, which Napoleon created, assured liberty, fraternity, and equality of all peoples regardless of their religion or station in life. After the Congress of Vienna and the creation of the Holy Alliance, the laws permitting equality, liberty and fraternity were retracted and were not applied again until 1830 when the principles fixed by the French Revolution and the First Empire, were re-instated. In 1811, thanks to Napoleon's effort, Portugal allowed Jews complete freedom and permitted them to open their synagogues that were closed for over 200 years. Prussia followed in 1812 but retracted the liberal laws in 1815 after the Battle of Waterloo. Other European nations assimilated the Jews between 1824 and 1867, notably Holland in 1830, Sweden in 1834 and Switzerland in 1838. It is remarkable that in England, it was only in 1858, after Lord Lionel Rothchild was elected five times, was he permitted to take his seat in parliament. It is also interesting to know that the laws that were passed in France in 1808 are still in existence even to this day.
The Jews of France offered a special prayer in Napoleon's honor because they were so thankful to him for having granted them religious freedom. These pages are a reproduction of the original Hebrew prayer. For it's English translation, see Below.
Prayer of the Children of Israel Citizens of France and Italy for the success and prosperity of our Mater's Army The Emperor, the King Napoleon the Great (may his glory shine) Composed in the month of Cheshvan, year 5567 (1807) Psalms chapter 20,21,27, 147
I implore Thee, Creator of Heaven and the Universe and all who inhabit it. Thou hast established all boundaries and limitations of the world and each nation with its respective language. Thou didst give the Sceptre of power into the hands of their kings to lead the people under their reign with righteousness, justice, an uprightness; that each person in his own place should live in peace. How fortunate we are, how good is our lot, that from Thy hand glory and beauty were poured out upon the head of a powerful man, full of vibrancy, NAPOLEON the Great, to sit on the Throne of France and Italy. Could another be found as worthy as NAPOLEON deserving of such honours and kingship, who shepherds his people with sincerity and with the understanding of his heart? Thou, GOD, hast wondrously bestowed Thy kindness upon him. As other Kings of the world approached to fight him, Thou didst protect him on the day of war, Thou didst save him from those who stood up against him, until he subdued them and they sought peace from him. With his kind spirit, he spoke words of peace to them. Kings have now untied to break their treaty and replace peace with the blood of war. They have gathered armies to fight against him and against all those who admire him. They have come to our borders, and our master, the Emperor, the King, is standing with the might of his army to confront them. O GOD, master of greatness, strength, power and beauty, we implore Thee to stand next to his righteousness; help him, support him with Thy mighty arm: guard him as the apple of Thine eye with an abundance of strength and health. Save him from all evil and tell him "I am your salvation." Send Thy light and truth, that they may lead him. Render foolish all those who rise against him for evil. Let Thy light shine upon his plans. Strengthen his armies and those of his allies. May he succeed in all his endeavors and reign over his enemies. May they seek peace from him, for he is a man who loves peace, and peace he will exercise among his nation. Father of compassion, Master of Peace, implant in the heads of all Kings and their advisors thoughts of peace and tranquility for the benefit of all mankind. Let the Sword not pass through our land and spill the blood of our brethren. Let all nations unite in total peace and tranquility forever. May the words of our prayers be acceptable to Thee. Amen.
Letter to the Jewish Nation from the French Commander-in-Chief Buonaparte (translated from the Original, 1799) General Headquarters, Jerusalem 1st Floreal, April 20th, 1799, in the year of 7 of the French Republic
BUONAPARTE, COMMANDER-IN-CHIEF OF THE ARMIES OF THE FRENCH REPUBLIC IN AFRICA AND ASIA, TO THE RIGHTFUL HEIRS OF PALESTINE. Israelites, unique nation, whom, in thousands of years, lust of conquest and tyranny have been able to be deprived of their ancestral lands, but not of name and national existence! Attentive and impartial observers of the destinies of nations, even though not endowed with the gifts of seers like Isaiah and Joel, have long since also felt what these, with beautiful and uplifting faith, have foretold when they saw the approaching destruction of their kingdom and fatherland: And the ransomed of the Lord shall return, and come to Zion with songs and everlasting joy upon their heads; they shall obtain joy and gladness and sorrow and sighing shall flee away. (Isaiah 35,10) Arise then, with gladness, ye exiled! A war unexampled In the annals of history, waged in self-defense by a nation whose hereditary lands were regarded by its enemies as plunder to be divided, arbitrarily and at their convenience, by a stroke of the pen of Cabinets, avenges its own shame and the shame of the remotest nations, long forgotten under the yoke of slavery, and also, the almost two-thousand-year-old ignominy put upon you; and, while time and circumstances would seem to be least favourable to a restatement of your claims or even to their expression, and indeed to be compelling their complete abandonment, it offers to you at this very time, and contrary to all expectations, Israel¹s patrimony! The young army with which Providence has sent me hither, let by justice and accompanied by victory, has made Jerusalem my headquarters and will, within a few days, transfer them to Damascus, a proximity which is no longer terrifying to David's city. Rightful heirs of Palestine! The great nation which does not trade in men and countries as did those which sold your ancestors unto all people (Joel,4,6) herewith calls on you not indeed to conquer your patrimony; nay, only to take over that which has been conquered and, with that nation¹s warranty and support, to remain master of it to maintain it against all comers. Arise! Show that the former overwhelming might of your oppressors has but repressed the courage of the descendants of those heroes who alliance of brothers would have done honour even to Sparta and Rome (Maccabees 12, 15) but that the two thousand years of treatment as slaves have not succeeded in stifling it. Hasten! Now is the moment, which may not return for thousands of years, to claim the restoration of civic rights among the population of the universe which had been shamefully withheld from you for thousands of years, your political existence as a nation among the nations, and the unlimited natural right to worship Jehovah in accordance with your faith, publicly and most probably forever (Joel 4,20).