CHAPTER X.1858.
THE CASE OF THE ABDUCTION OF EDGAR MORTARA—STRANGE THEORY ABOUT BAPTISM—SIR MOSES INTERESTS HIMSELF IN THE MATTER—ACTION OF THE EVANGELICAL SOCIETY—DISCOURAGING OPINIONS.
LADY MONTEFIORE was still very unwell, and Sir Moses himself was so ill at Dover that he could not leave his couch in the morning after his arrival; but there was no time for him now to allow himself to be treated like an invalid or seek a few weeks' rest.
An important event which for the last five months agitated the minds of Christians as well as Jews all over Europe and America seriously called for immediate and energetic action, and he considered it his duty to rouse himself, and step into the breach.
I refer to the case of the abduction of the child Edgar Mortara from the house of his parents at Bologna.
The first official information of this had been received by means of a letter from the President of the Council of the Israelite community of Turin, addressed to Sir Moses as President of the Board of Deputies. This letter was accompanied by a memorial from twenty-one Sardinian congregations, adverting briefly to the facts of this distressing case, detailing the measures they had adopted in reference thereto, and earnestly appealing to the Board of Deputies for its immediate co-operation.
The full details of the case are given in a memorial addressed to the Pontifical Government on behalf of the Mortara family, of which I give a short abstract.
"On the 24th of June 1858, in Bologna, the boy Edgar Mortara, under seven years of age, was snatched away from his Jewish parents under pretext of having been secretly baptised. The distressed father repeatedly but vainly applied to the authorities for an explanation of the circumstances which hadled to the abduction of his son. It was only after several weeks that he was able in an indirect way to learn that Anna Morisi, a former servant in his house, had, many months previously, told another servant girl that, at the instigation of a certain Lepori, a druggist, she had baptised the child Edgar when no one was present, and when he was about one year old and dangerously ill. It was further said that this took place on an occasion when another of Mortara's sons was dying, and Morisi was urged by the other girl to baptise him also, which, however, she declined to do."
Mortara on these statements made the following observations:—
"1st.That it is true that the child Edgar, when a little more than one year old, was taken ill, but only of a slight ailment very common among children, and the child's state could not have created any serious apprehensions in the mind of any one, therefore the condition did not exist on which it is permitted to baptise the children of infidelsinvitis parentibus, viz., the certainty of an inevitable death. And, indeed, it would be in contradiction to the maxims of the Church on paternal authority to suppose such a thing authorised before the approach of death, which removes a child from the authority of his parents. Supposing for one moment that the confidence entertained by the parents in the recovery of their child were not shared by the over-zealous servant, it could not be supposed or maintained that on the erroneous supposition of a person the law could be diverted from its true meaning and from the established rules for its application."2nd.The event, as narrated, was not legally examined into, nor was any witness called or confronted. How is it then that while nobody can be legally deprived of the smallest of his possessions without incontestible proofs, now on a simple and bare assertion of a servant girl it is sought to establish a fact, the consequence of which is to rob a father and mother of their child? And indeed there are some important authorities on canonical law, who find the sole deficiency of evidence a sufficient reason to declare the nullity of baptisms under similar circumstances."3rd.The girl Morisi has spoken on the subject after five years of absolute silence. Therefore the suspicion is not without foundation that she could not perfectly recollect having then observed and fulfilled all the requirements of the baptismal rite with that zealous precision required for the validity of this sacramental act, and particularly as she had not then arrived at the sixteenth year of her age, and was as simple, ignorant, and inexperienced as could be."
"1st.That it is true that the child Edgar, when a little more than one year old, was taken ill, but only of a slight ailment very common among children, and the child's state could not have created any serious apprehensions in the mind of any one, therefore the condition did not exist on which it is permitted to baptise the children of infidelsinvitis parentibus, viz., the certainty of an inevitable death. And, indeed, it would be in contradiction to the maxims of the Church on paternal authority to suppose such a thing authorised before the approach of death, which removes a child from the authority of his parents. Supposing for one moment that the confidence entertained by the parents in the recovery of their child were not shared by the over-zealous servant, it could not be supposed or maintained that on the erroneous supposition of a person the law could be diverted from its true meaning and from the established rules for its application.
"2nd.The event, as narrated, was not legally examined into, nor was any witness called or confronted. How is it then that while nobody can be legally deprived of the smallest of his possessions without incontestible proofs, now on a simple and bare assertion of a servant girl it is sought to establish a fact, the consequence of which is to rob a father and mother of their child? And indeed there are some important authorities on canonical law, who find the sole deficiency of evidence a sufficient reason to declare the nullity of baptisms under similar circumstances.
"3rd.The girl Morisi has spoken on the subject after five years of absolute silence. Therefore the suspicion is not without foundation that she could not perfectly recollect having then observed and fulfilled all the requirements of the baptismal rite with that zealous precision required for the validity of this sacramental act, and particularly as she had not then arrived at the sixteenth year of her age, and was as simple, ignorant, and inexperienced as could be."
After these considerations of the legal aspect of the case, he proceeds to some general arguments on which the Mortara family found a hope that the authorities in whose hands the decision rests will order the restoration of their child.
The memorial then points out the aversion and contempt resulting from an imposed religion, and shows that ever since the Church adopted the solemn principle, "Love thy neighbouras thyself," it tacitly acknowledged free-will in all, and, at the same time, its own inability to punish, although it might lament, the religious beliefs of others. It next argues that baptism conferred upon an unwilling adult being null and void, the same law should apply to a minorinvitis parentibus, and declares that there is no power on earth within the bounds of justice and humanity that could impose upon a child a creed different to that received from the paternal precepts as long as the will of the father is that of the son. There is nothing on earth that belongs more legitimately to a father than his children. The baptism of an adult while asleep is void, as the free consent so essential to the sacramental act is wanting; why then, in the present case, where the subject was also asleep, should he be judged differently?
Then follows a series of references to high clerical authorities from the year 1587 down to 1840, who have, one and all, decreed the illegality of forced baptism, and the necessity of restitution in cases of abduction.
A correspondence was immediately opened with the principal Hebrew communities, and with many persons of distinction professing various religious creeds, in Europe and America. In England especially, the Evangelical Society, through Sir Culling E. Eardly, took a leading part in their endeavour to serve the cause of justice. Copies of the memorial, from which I have given the above extract, together with copies of the "Bullarium Romanum" (vol. v., p. 60, xxvi.), against secret baptisms; a letter from "The Jurist," published in London, November 13th, 1858; an extract from the Annual Register of October 1774, referring to the restoration of a Jewish girl, aged nine, to her parents; and a copy of depositions made at Bologna before the notary Verardini, were forwarded to them to guide them in their pleadings for humanity, and frequent meetings of a Committee appointed by the Board were convened by the President to consider the best means for securing the restoration of the child to his parents.
A report of the result of the deliberations of the said Committee has been made by Sir Moses to the Board of Deputies, a portion of which I copy for the information of the reader.
"The letter and memorial from Sardinia," Sir Moses says, "were without loss of time submitted to the Deputies at a meeting, and this Committee wasthereupon appointed with power to adopt such proceedings as, in their judgment, they might consider expedient."'The Committee met on the day of their appointment, and at once determined to appeal for co-operation to the Central Consistory of the Israelites of France, and to the central Jewish authorities at Amsterdam. They further determined to memorialise the British Government, soliciting its powerful intervention, and feeling well assured of its humane and friendly sympathy. The Committee further resolved to transmit to the press copies of communications received from Turin, and they have every reason to feel grateful to the press, particularly in England, France, Germany, and the United States, for its able and humane assistance."'At a subsequent meeting the Committee determined to transmit a report of the case, as it had appeared in theTimesnewspaper, to every member of the Catholic clergy throughout the United Kingdom, and about 1800 of such reports were circulated accordingly."'The Committee, through the medium of the President, have also appealed for co-operation to the Jewish Congregational bodies in the principal cities and towns of Germany and the United States of America, and they rejoice to be able to report that their appeal has been zealously responded to, and that various bodies of their co-religionists are taking active measures to seek redress for the grievous wrong which has been committed."'It is well known,' the Board of Deputies announced, 'that the Committee of the Evangelical Alliance and other religious societies of the Protestant community have manifested great interest in this unhappy case. They have on various occasions conveyed to this Committee the expressions of their kind sympathy, and the Committee are assured that the humane and zealous interposition of these important bodies may be relied on."'Although, as will have been seen from the correspondence which has been published in the daily press, the British Government is unable to assist the case by a direct intervention, its views thereon are emphatically pronounced, and the Committee offer their grateful acknowledgments for the prompt attention and great kindness they have received from the Earl of Malmesbury and Mr Fitzgerald throughout the communications which have taken place between your Committee and the Foreign Office."'The Committee are strongly urged to appeal personally to the Emperor of the French by means of a deputation from your body, and from the Jewish congregations in the principal states of Europe and America, under the hope that His Imperial Majesty, conscious that the public opinion has declared itself indignantly against an outrage so disgraceful to the present age, will exercise his powerful influence with the Papal Government, so as to induce it to restore the young child, Edgar Mortara, to its bereaved parents, and to denounce the repetition of any similar practice."'The Committee, however, feel that they would not be justified in the adoption of so important a step without bringing the matter under the attention of the General Board, and have resolved to report thereto their proceedings to date, and to seek therefrom further instructions. They protest most strongly against baptism without the consent of the party baptised."'In this particular case the Committee have purposely abstained from entering into the full details of the abduction and of the subsequent events relating thereto. To do this would be to extend this report beyond reasonable limits. The Committee are in possession of important documents and voluminous correspondence, extracts from portions of which have from time to time appeared in the press. After a careful consideration of these documents, your Committee have strong grounds for believing that the alleged baptism never took place. If it did, it was administered by the menial and illiterate servant girl Morisi, when she was herself a child only fourteen yearsold, and under circumstances which appear to render it invalid, even by the Roman canonical laws. It is quite clear that the child, from its tender age (twelve months), must have been unconscious of the act; that up to the date of its abduction it had been nurtured in the faith of its parents, and so far from there being any truth in the statement that Edgar Mortara rejoices in his adoption into the Catholic Faith (a statement which, considering the still tender age of the child, is manifestly absurd), it yearns incessantly for the restoration to its home,—while, alas! if report speaks truly, its unhappy mother has been bereft of reason, and its father, prostrated in spirit, is about to emigrate from the scene of his recent afflictions."'The case in itself is one deserving of the sincerest commiseration; but when viewed with reference to its bearings on society at large, it appeals irresistibly to all; and the civilised world will indeed be wanting in energy and wisdom if it permit the nineteenth century to be disgraced by the retention of the child in contravention of the laws of nature, morality, and religion, and most especially it behoves the Jewish community to exert itself to the utmost in so urgent a cause, so that if it fail it may have at least the consolation of knowing that it has done its duty, while if, under the blessing of the Almighty God, it succeed, it may rejoice not only because the sorrows of an afflicted family will thereby be alleviated, but also because a moral victory will have been achieved, the advantages of which will be recognised and prized by every friend of humanity, law, and order throughout the world."'Moses Montefiore,President.'
"The letter and memorial from Sardinia," Sir Moses says, "were without loss of time submitted to the Deputies at a meeting, and this Committee wasthereupon appointed with power to adopt such proceedings as, in their judgment, they might consider expedient.
"'The Committee met on the day of their appointment, and at once determined to appeal for co-operation to the Central Consistory of the Israelites of France, and to the central Jewish authorities at Amsterdam. They further determined to memorialise the British Government, soliciting its powerful intervention, and feeling well assured of its humane and friendly sympathy. The Committee further resolved to transmit to the press copies of communications received from Turin, and they have every reason to feel grateful to the press, particularly in England, France, Germany, and the United States, for its able and humane assistance.
"'At a subsequent meeting the Committee determined to transmit a report of the case, as it had appeared in theTimesnewspaper, to every member of the Catholic clergy throughout the United Kingdom, and about 1800 of such reports were circulated accordingly.
"'The Committee, through the medium of the President, have also appealed for co-operation to the Jewish Congregational bodies in the principal cities and towns of Germany and the United States of America, and they rejoice to be able to report that their appeal has been zealously responded to, and that various bodies of their co-religionists are taking active measures to seek redress for the grievous wrong which has been committed.
"'It is well known,' the Board of Deputies announced, 'that the Committee of the Evangelical Alliance and other religious societies of the Protestant community have manifested great interest in this unhappy case. They have on various occasions conveyed to this Committee the expressions of their kind sympathy, and the Committee are assured that the humane and zealous interposition of these important bodies may be relied on.
"'Although, as will have been seen from the correspondence which has been published in the daily press, the British Government is unable to assist the case by a direct intervention, its views thereon are emphatically pronounced, and the Committee offer their grateful acknowledgments for the prompt attention and great kindness they have received from the Earl of Malmesbury and Mr Fitzgerald throughout the communications which have taken place between your Committee and the Foreign Office.
"'The Committee are strongly urged to appeal personally to the Emperor of the French by means of a deputation from your body, and from the Jewish congregations in the principal states of Europe and America, under the hope that His Imperial Majesty, conscious that the public opinion has declared itself indignantly against an outrage so disgraceful to the present age, will exercise his powerful influence with the Papal Government, so as to induce it to restore the young child, Edgar Mortara, to its bereaved parents, and to denounce the repetition of any similar practice.
"'The Committee, however, feel that they would not be justified in the adoption of so important a step without bringing the matter under the attention of the General Board, and have resolved to report thereto their proceedings to date, and to seek therefrom further instructions. They protest most strongly against baptism without the consent of the party baptised.
"'In this particular case the Committee have purposely abstained from entering into the full details of the abduction and of the subsequent events relating thereto. To do this would be to extend this report beyond reasonable limits. The Committee are in possession of important documents and voluminous correspondence, extracts from portions of which have from time to time appeared in the press. After a careful consideration of these documents, your Committee have strong grounds for believing that the alleged baptism never took place. If it did, it was administered by the menial and illiterate servant girl Morisi, when she was herself a child only fourteen yearsold, and under circumstances which appear to render it invalid, even by the Roman canonical laws. It is quite clear that the child, from its tender age (twelve months), must have been unconscious of the act; that up to the date of its abduction it had been nurtured in the faith of its parents, and so far from there being any truth in the statement that Edgar Mortara rejoices in his adoption into the Catholic Faith (a statement which, considering the still tender age of the child, is manifestly absurd), it yearns incessantly for the restoration to its home,—while, alas! if report speaks truly, its unhappy mother has been bereft of reason, and its father, prostrated in spirit, is about to emigrate from the scene of his recent afflictions.
"'The case in itself is one deserving of the sincerest commiseration; but when viewed with reference to its bearings on society at large, it appeals irresistibly to all; and the civilised world will indeed be wanting in energy and wisdom if it permit the nineteenth century to be disgraced by the retention of the child in contravention of the laws of nature, morality, and religion, and most especially it behoves the Jewish community to exert itself to the utmost in so urgent a cause, so that if it fail it may have at least the consolation of knowing that it has done its duty, while if, under the blessing of the Almighty God, it succeed, it may rejoice not only because the sorrows of an afflicted family will thereby be alleviated, but also because a moral victory will have been achieved, the advantages of which will be recognised and prized by every friend of humanity, law, and order throughout the world.
"'Moses Montefiore,President.'
"At a meeting of the Board, held on the 22nd of December 1858, Sir Moses Montefiore, President, in the chair, the following resolutions were unanimously adopted:—
"'That in the opinion of this Board it is desirable to memorialise the head of the Pontifical Government on the subject of the Mortara case."'That Sir Moses Montefiore, Bart., President, be requested to present the same personally, if and when his health and engagements, and the health of Lady Montefiore, enable him to undertake the journey."'That the Committee on the Mortara case be empowered to prepare the memorial, and to make such arrangements as they may deem expedient for a deputation from this Board, and other public Jewish bodies, to accompany Sir Moses Montefiore on his mission; and to adopt such other measures on the subject as they may consider necessary.'"
"'That in the opinion of this Board it is desirable to memorialise the head of the Pontifical Government on the subject of the Mortara case.
"'That Sir Moses Montefiore, Bart., President, be requested to present the same personally, if and when his health and engagements, and the health of Lady Montefiore, enable him to undertake the journey.
"'That the Committee on the Mortara case be empowered to prepare the memorial, and to make such arrangements as they may deem expedient for a deputation from this Board, and other public Jewish bodies, to accompany Sir Moses Montefiore on his mission; and to adopt such other measures on the subject as they may consider necessary.'"
Sir Moses, with his usual readiness to serve a good cause, consented to proceed to Rome, the Board having resolved that it was inexpedient to send a deputation to the Emperor of the French, and now commenced making the necessary preparation for his departure, as soon as Lady Montefiore's state of health would permit her to accompany him.
He had, however, a pleasing duty of a political nature to perform before leaving England, which he did not like to relinquish.
He was desirous to assist in the election of Baron Meyer de Rothschild, to fill the vacancy at Hythe occasioned by the retirement of Sir John William Ramsden; and, accompanied byhis nephew, Mr Arthur Cohen, Q.C., he proceeded on Tuesday, February 10, 1859, to the hustings.
Baron Meyer de Rothschild was accompanied from Folkestone and Sandgate by a vast cavalcade and two bands, and just before reaching the town the horses were taken from his carriage, and the candidate drawn by the inhabitants to the hustings, where he was received with reiterated plaudits. He was surrounded by a number of influential friends, conspicuous among them being Sir Moses Montefiore.
The usual formalities having been gone through, and the returning officer having declared Baron Meyer de Rothschild duly elected, the latter addressed the electors, after which Sir Moses congratulated them on their choice. They could not, he said, have a better member than Baron Rothschild. (Cheers.) "I thank God," he added, "that old as I am, I have lived to see this day, and to witness your choice. I sincerely thank you all. May God bless you."
The same day, on his way to Ramsgate, he received at Ashford a telegram announcing that Alderman Salomons had been elected for Greenwich by a majority of 889. "This intelligence," he said, "afforded me the sincerest pleasure, for the Jews owe a deep debt of gratitude to him for his strenuous exertion in the cause of civil liberty, regardless of labour and expense." "I truly hope," he continued, "that both the new members may long live to enjoy their honours."
Prayers having been offered up in all the London Synagogues for the success of his mission to Rome on behalf of Edgar Mortara, Sir Moses gave orders to hasten the preparations for the journey, and proceeded to the Foreign Office to present a copy of the memorial of the Board of Deputies to Lord Malmesbury. His Lordship received him most kindly, read the memorial, and promised to give him letters of introduction to the British Ambassadors and Consuls abroad; "although Sir Moses should bear in mind, from a former conversation on the subject, that he (Lord Malmesbury) entertained doubts as to the result of the mission."
February 25th.—He received letters of introduction from Lord Malmesbury to the Embassies of Paris, Turin, Florence, Vienna, and to Mr Odo Russell (the late Lord Ampthill) in Rome; and on March 3rd he and Lady Montefiore, accompaniedby Dr Hodgkin and Mr Kursheedt, embarked at Dover for Calais.
The journey from London was most trying to Lady Montefiore in consequence of her impaired health, and they did not reach Rome till April 5th.
Sir Moses lost no time in calling upon Mr Russell, and leaving his letters of introduction from the Foreign Office and Lord Russell. Mr Russell remembered having seen Sir Moses when he was with Lord de Redcliffe at Constantinople, and said, "He would do all he could for him, but without any expectation of succeeding in doing more than obtaining for him an interview with His Holiness." "That day," he said, "was a council day, and the ministers did not receive." Sir Moses gave him a copy of the address, also a full statement of the Mortara case. Mr Russell repeated his promise to do all he could, but added, "What can a poor Attaché expect, when the French Ambassador with a French army with him has failed, after making every endeavour?"
April 9.—Mr John Abel Smith having given Sir Moses' letters of introduction to Mr Pentland, the latter called, and said that he was perfectly acquainted with the case, and had spoken with the boy. In his opinion there was no hope of getting the boy, but every effort should be made to obtain a pledge that such a proceeding should not be sanctioned in future. He appeared to think that Sir Moses should see the French Ambassador, and obtain his support, he having taken so active a part in the matter by order of the Emperor. Sir Moses, however, did not approve of that. "I am," he said, "so much of an Englishman that I prefer the English representation, and would only act in accordance with the advice of Mr Russell."
Mr Pentland, whom Sir Moses took to be an Irishman, was a highly educated man of elegant and agreeable manners. He was very much with the Prince of Wales, and said, "His Royal Highness was most amiable and talented, and very popular with the Roman nobility and people."
April 11th.—Sir Moses received the following letter from Lord de Redcliffe:—
"My Dear Sir Moses,—I return you herewith the Mortara memorial. The case appears to be so clear that, according toour notions, you ought to find no difficulty in obtaining justice; but judging from what reaches me in conversation, I fear it will require all your ability, energy, and experience to open the smallest prospect of success. With every good wish, I beg you will believe me, sincerely yours,"S. de Redcliffe.""Everything I hear and see," Sir Moses said, "unfortunately confirms the opinion given me before my arrival. I have not heard from any person since I left London that there was the slightest hope of success for my mission, and now fear that I may even be denied the opportunity of presenting the address of the Board to the Sovereign Pontiff. Should I fail in this object, my next endeavours must be to obtain an introduction by Mr Russell to the Minister, Cardinal Antonelli."
"My Dear Sir Moses,—I return you herewith the Mortara memorial. The case appears to be so clear that, according toour notions, you ought to find no difficulty in obtaining justice; but judging from what reaches me in conversation, I fear it will require all your ability, energy, and experience to open the smallest prospect of success. With every good wish, I beg you will believe me, sincerely yours,
"S. de Redcliffe."
"Everything I hear and see," Sir Moses said, "unfortunately confirms the opinion given me before my arrival. I have not heard from any person since I left London that there was the slightest hope of success for my mission, and now fear that I may even be denied the opportunity of presenting the address of the Board to the Sovereign Pontiff. Should I fail in this object, my next endeavours must be to obtain an introduction by Mr Russell to the Minister, Cardinal Antonelli."