Crossing Boundary Lines

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Crossing Boundary Lines Religion, Revolution, and Nationalism on the French-German Border, 1789-1840
Shedden, Dawn Lynn
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University of Florida
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Doctorate ( Ph.D.)
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University of Florida
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Committee Chair:
Kroen, Sheryl T
Committee Members:
Louthan, Howard P
Sensbach, Jon
Harland-Jacobs, Jessica L
Freifeld, Alice
Peterson, Anna L
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Catholicism ( jstor )
Faith ( jstor )
French Revolution ( jstor )
Jewish peoples ( jstor )
Language translation ( jstor )
Law schools ( jstor )
Nationalism ( jstor )
Priests ( jstor )
Protestantism ( jstor )
Religion ( jstor )
History -- Dissertations, Academic -- UF
borders -- coblenz -- conversion -- french -- goerres -- hommer -- law -- marx -- napoleon -- paris -- religion -- revolution -- rhineland -- trier
City of St. Augustine ( local )
bibliography ( marcgt )
theses ( marcgt )
government publication (state, provincial, terriorial, dependent) ( marcgt )
born-digital ( sobekcm )
Electronic Thesis or Dissertation
History thesis, Ph.D.


Typical historical constructions like chronology, geography, and faith are helpful in categorizing historical moments, but they are rarely broad enough to properly place any single individual or to make sense of the decisions that they make. Lives are lived at the intersection of multiple, competing identities that are regularly rewritten by time. My dissertation embraces this complexity by examining three families living on the border of France and Germany during the French Revolution and how they reconstruct religious, national, legal, and chronological boundary lines to suit their own needs. The French Revolution was a critical juncture because it opened up new opportunities and ways of thinking that many embraced. Yet even as it attempted to erase older dividing lines, it established new categories that were malleable and unreliable. Each case examined in this work highlights this duality of accessibility and restriction, of stability and uncertainty. As journalists, educators, lawyers, and religious leaders, the people I investigate actively pursued goals that would directly influence their local communities, their emerging nations, and the world beyond. The routes they selected were dramatic, like the case of Samuel Marx, Trier’s rabbi, and his brothers Heinrich, the father of Karl Marx, and Cerf. They accepted Napoleon’s call for social and occupational integration only to find professional doors to advancement barred by prejudice. Some cases, like Catholic Romantic leader Joseph von Go¨rres and his brother-in-law Franz von Lassaulx, dean of Napoleon’s new law school in Coblenz, reinvented themselves politically and religiously, often switching directions multiple times. For others, like Trier’s first bishop Josef von Hommer, the radical nature of debates left his carefully constructed compromises open to criticism from all sides. Each chapter deals with an issue with which these gentlemen had to grapple: visits to Paris, life in a border region, shifting definitions of law, religious conversion, and interfaith marriage. Though their answers were quite different, they were all boundary crossers who recognized that they had the ability to rewrite history and did so with astonishing variety. ( en )
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Includes vita.
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Thesis (Ph.D.)--University of Florida, 2012.
Adviser: Kroen, Sheryl T.
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by Dawn Lynn Shedden.

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2 2012 Dawn Shedden


3 To my husband David, your support has meant everything to me


4 ACKNOWLEDGMENTS As is true of all dissertations, my work would have been impossible without the help of countless other people on what has been a long road of completion. Most of all, I would like to thank my advisor, Sheryl Kroen, whose infi ni te patience and wisdom has kept me balanced and whose wonderful advi ce helped shape this project and keep it on track. In addition, the many helpful comments of all those on my committee, Howard Louthan, Alice Freifeld, Jessica Harland Jacobs, Jon Sensbach, and Anna Peterson, made my work richer and deeper. Other scholar s from outside the University of Florida have also aided me over the years in shaping this work, including Leah Hochman, Melissa Bullard, Lloyd Kramer, Catherine Griggs, Andrew Shennan and Fran ces Malino. All dissertations are also dependent on the wonderful assistance of countless librarians who help locate obscure sources and welcome distant scholars to their institutions. I thank the librarians at Eckerd College, George A. Smathers libraries at the University of Florida, the Judaica Collection in particular, Frstlich Waldecksche Hofbibliothek Wissenschaftliche Stadtsbibliothek Mainz, Johannes Gutenberg Universittsbibliothek Mainz, Landeshauptarchiv Koblenz, Stadtarchiv Trier, and Bistumsarchiv Trier. The University of Florida, the American Soc iety for Eighteenth Century Studies, and Pass A Grille Beach UCC all provided critical funds to help me research and write this work. Finally, I would like to thank the many family members and friends who took the time to support me and read my long tale o f obscure historical actors. Their comments and our discussions allowed me to envision my work outside of academia and just how broad historical imagination can be. Last, but certainly not least, are my three sons Will,


5 Robert and Bryan and my husband Da vid, who daily inspire me to explore the world deeply, leave some of myself behind, and laugh with sheer joy.


6 TABLE OF CONTENTS page ACKNOWLEDGMENTS ................................ ................................ ................................ .. 4 ABSTRACT ................................ ................................ ................................ ..................... 7 CHAPTER 1 INTRODUCTION ................................ ................................ ................................ ...... 9 2 1807 ................................ ..................... 24 3 NATIONALISM IN THE RHINELAND, 1795 1818 ................................ .................. 85 4 NAPOLEONIC LAW IN THE RHINELAND, 1803 1820 ................................ ........ 132 5 RHINELAND, 1797 1830 ................................ ................................ ...................... 195 6 THE COLOGNE TROUBLES AND DEFINING THE GERMAN NATION: DEBATING MIXED MARRIAGES IN THE RHINELAND, 1817 1840 ................... 266 7 CONCLUSION ................................ ................................ ................................ ...... 336 LIST OF REFERENCES ................................ ................................ ............................. 345 BIOGRAPHICAL SKETCH ................................ ................................ .......................... 377


7 Abstract of Dissertation Presented to the Graduate School of the University of Florida in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy CROSSING BOUNDARY LINES: RELIGION, REVOLUTION, AND NATIONALISM ON THE FRENCH GERMAN BORDER, 1789 1840 By Dawn Shedden December 2012 Chair: Sheryl Kroen Major: History Typical historical constructions like chronology, geography, and faith are helpful in categorizing historical moments, but they are rarely broad enough to properly place any single individual or to make sense of th e decisions that they make. Lives are lived at the intersection of multiple, competing identities that are regularly rewritten by time. My dissertation embraces this complexity by examining three families living on the border of France and Germany during the French Revolution and how they reconstruct religious, national, legal, and chronological boundary lines to suit their own needs. The French Revolution was a critical juncture because it opened up new opportunities and ways of thinking that many embra ced. Yet even as it attempted to erase older dividing lines, it established new categories that were malleable and unreliable Each case examined in this work highlights this duality of accessibility and restriction, of stability and uncertainty. As jour nalists, educators, lawyers, and religious leaders, the people I investigate actively pursued goals that would directly influence their local communities, their emerging nations, and the world beyond. The routes they selected were dramatic, like the case nd his brothers


8 Heinrich, the father of Karl Marx and occupational integration only to find professional doors to advancement barred by prejudice. Some cases, like Cathol ic Romantic leader Joseph von Grres and his brother in reinvented themselves politically and religiously, often switching directions multiple op Josef von Hommer, the radical nature of debates left his carefully constructed compromises open to criticism from all sides. Each chapter deals with an issue with which these gentlemen had to grapple: visits to Paris, life in a border region, shifting definitions of law, religious conversion, and interfaith marriage. Though their answers were quite different, they were all boundary crossers who recognized that they had the ability to rewrite history and did so with astonishing variety.


9 CHAPTER 1 INTRODUCTION In a provocative piece in the June 2009 American Historical Review Kate Brown boldly proposed that historians do not like biography as a genre because it frightens all the more suspicious for historians because it exposes the shad ing of history into autobiography. Yet, in many ways there is no biography nor history, for that matter 1 Existing in that nebulous sphere between the social sciences and the humanities, historians do often back away from all perso nal pronouncements out of fear that showing their own investment in their subjects will expose their projects their subjects, using them as a scrim to project their ow 2 Are prejudices and the ways in which their historical frameworks are shaped by their own histories? Such a challenge is one that should not be ignored. The last several decades of scholarship have become increasingly self aware, but new trends in historical biography suggest that we could do even more. Though my own work does not take the form of a traditional biography, I found myself asking what exactly my own approach to the discipline was and the ways in which my paradigm impacted the direction that my project took. I still struggle to make sense of which parts of my own history created my outlook, but I have uncovered some 1 American Historical Review 114, no. 3 (June 2009): 599. 2 Ibid., 603.


10 unique t hreads of thought that weave themselves into my work. The first is a strong sense that individual stories do matter and that we can discover a great deal about man only relevant when connected into the wider framework of politics, culture, religion, economics, and geography that inform every decision and provide markers for a Marx, nephew and son of three of the subjects of my dissertation observed, 3 By placing stream one can best observe change and continuity, what space each of us is given to act out our own stories, and just how different each path can be. While some may continue to argue that just a few individual examples can never be broad enough to prove general societal trends, I claim the opposite. Societal movements can be made relevant only on the individual level because that is where trends and movements begin and where they are continually shaped in a myriad of confusing pathways. The next crucial element of my own work is an awareness that telling a single story is not enough. I do not claim to be writing conventional biography here because that would mean attempting to cover a complete life in all of its facets. Rather, this dissertation unveils the intersection of the lives of three families 4 living in the 3 Karl Marx and Frederick Engels, The German Ideology, Part One, ed. C.J. Arthur (New York: International Publishers, 1970), 59. 4 Others who have successfully used comparative biography include Natalie Zemon Davis, Women on the Margins: Three Seventeenth Century Lives ( Cambridge, Mass.: Harvard University Press, 1995); J. Anthony Lukas, Common Ground: A Turbulent Decade in the Lives of Three American Families (New


11 Trier/Coblenz region along the French German border during the French Revolution. At the time that hostilities broke out, Josef von Hommer was a Coblenz priest whose elite upbringing pretty m uch guaranteed him a prestigious career. Though he did indeed rewrite his own religious story in order to answer new questions about the role of faith in a secular world, in newly formed nations, and across arbitrary boundary lines. Joseph von Grres, also from Coblenz, was an idealistic, youthful Jacobin supporter who was radically disillusioned by the political realities of his age. He reinvented himself multiple times bo th politically and religiously as he moved from being a Francophile to a fervent German nationalist to a Catholic Romantic leader across the span of his life. His brother in law Franz von Lassaulx also began his political career printing ardent radical tr Marx brothers, Samuel, Cerf and Heinrich, took drastically different paths than they mig Sanhedrin in Paris during which the Jews promised their national fidelity in return for new religious and occupational freedoms. His brothers Heinrich and Cerf grabbed onto these promises only to find the path to societal advancement blocked by continued prejudice, especially after the Rhineland reverted to Prussian control. criteri a surrounding questions that one already has in mind. My work was somewhat York: Knopf, 1985); Richard Price, (Baltimore, Md.: Johns Hopkins University Press, 1990); and Leo Spitzer, Lives in Between: Assimilation and Marginality in Austr ia, Brazil, West Africa 1780 1945 ( Cambridge: Cambridge University Press, 1989).


12 more unstructured, especially in the beginning but I did have several key issues I began with an event, the French Revolution, and an interest in how it engendered a fundamental rewriting of society and culture while also maintaining links to the past I then decided upon a region of analysis, a border region that would allow me to see across cultures. I choose the Coblenz Trier area because political control shifted there duri ng this period, but it was less well known than somewhere like Alsace Lorraine. Religion was also a critical concern from fairly early on in the process, as I wanted to explore how faith and revolution fit together. I selected individuals to examine some what more randomly, based strictly on when and where they had lived and how much material might be easily available I assembled a seemingly unconnected assortment of personalities: a firebrand writer who appeared to care more about annoying authorities than about whatever position he held at a g iven moment (von Grres) ; a lawyer who held up the same Napoleonic regime his brother in law despised (von Lassaulx) ; a peaceful Catholic leader who looked lost in the confusion that swirled around him (von Hommer ) ; and three Jewish brothers (the Marxes) just seeking to improve their circumstances by any means open to them. Such an unconventional approach to gathering subjects is not without its pitfalls. For instance, in an early meeting with a professor to dis cuss my ideas she commented that to examine Jews and Christians simultaneously would be like studying apples and oranges. I found that I loved the analogy apples and oranges are indeed quite worthy of comparison The meeting also helped me to realize that the demarcations between faiths acted like borders within and surrounding faith and changed shape often in this period There were other equally fascinating boundary lines. Just a s I was interested in


13 both Christians and Jews, I was also captivated not by France or Germany individually but by where they intersected. It was for this reason that I was studying the French Revolution it was both a bridge and a dividing line between ages. In their quest for knowledge, historians carefully categorize ev erything from political party to social class to religion to time period to gender to race. Of course, such groupings are critical to the historical enterprise as they allow us to make sense of the past. Indeed, I use such classifications here to divide my own work into arenas to explore: Paris, geographic boundaries, law codes and law schools, religious conversion and in terfaith marriage. The topics allow responses rather than completely laying out each individual story as an unconnected tale. However, we take risks with our own hubris. As Edward Said one of the founders of postcolonialism, has suggested, Knowled ge means rising above immediacy, beyond self, into the foreign and distant. The object of such knowledge is inherently vulnerable to transforms itself in a way that civilization s frequently do, nevertheless is fundamentally, even ontologically stable. To have such knowledge of such a thing is to dominate it, to have authority over it. 5 If we always aim for stabilizing history through putting it in its proper boxes, we can miss m uch of its complex fertility. We also can too easily allow our subjects no freedom of movement in an effort to confine them within our classification systems. Thus another indispensable piece of the puzzle of how these individual lives fit together is the notion of borders. Usually when one thinks of borders it is in terms of physical boundaries between nations, between residences, between towns, etc. 5 Edward Said, Orientalism (New York: Vintage Press, 1978), 32.


14 Anthropologists Hastings Donnan and Thomas Wilson provide a helpful definition of how borders extend and the importance of people living in those regions: borderlines. but long area which delimits the sovereignty of the stat es which meet each Frontiers, then, are zones of varying widths, in which people have recognizable configurations of relationships to people inside that zone, on both sides of the borderline but within the cultural landscape of the borderlands and, as a people of the border, special relationships with other people and institutions in their respective nations and states. 6 A reas around borders are much more than arbitrary lines drawn by distant governments and have no completely recognizable beginning and end points The people living on both sides of the edge have strong ties to one another that point out just how subjective those lines can be. The region of Trier and Coblenz fits well within this definition of a border zone. During the French Revolution and its aftermath, the two cities moved from being the seat of a small, but important, archbishopric within the Holy Roman Empire, to being part of France, to being the outer reaches of a growing Prussian state. The historic Trier archbishopric was also part of a much wider Rhineland that contained considerable diversity and whose borders were equally ill defined. The term Rhineland will be used here mainly to focus on the sm all Trier Coblenz area and the conne ction between the cities via the Moselle River. Other Rhenish political entities like the Confederation of the Rhine were also important in this period but had quite different political and cultural connections to the French Revolution and its aftermath. 6 Hastings Donnan Hastings Donnan and Thomas Wilson, eds., Border Approaches: Anthropological Perspectives on Frontiers (New Y ork: University Press of America, 1994), 8. See also Michiel Baud and Willem van Schendel, Toward a Comp Journal of World History 8, no. 2 (1997): 211 42.


15 Area residents had to adjust, and readjust, themselves to multiple situations in which proving their loyalty to each new regime was critical. When the French came Josef von Hommer reluctantly fled across the Rhine River border because he feared what the y might do to a priest with other, less worldly and national allegiances However, he had equal trouble later with the Prussians who questioned his patriotism as he lay dying Franz von Lassaulx struggled intellectually with where the Rhineland stood as a nation it was neither French nor German, yet it was too weak not to be bullied by the others into taking sides. Joseph von Grres wanted to be German but did not find Prussian or French definitions of the nation particularly appealing. Nations were, and are, molded like clay so it can be extremely helpful to look at regions like the Rhineland as multinational or even transnational. Defining historiography merely in terms of a single nation often limits our ability to see just how contentious nation building is and how broad the definition of nation should be. Yet the dangers of delineating all historical projects in terms of which nation they discuss extends beyond geographical mapping. The idea of borders in various forms permeates all historical e nterprises. In addition to questioning national classifications, or at least trying to work in their messiest nether regions, I also probe several other well worn dividing lines. The first marker is religious. In the twenty first century (though not in the eighteenth), o ne might easily scoff at the notion that the experiences of Catholics are markedly different than those of Protestants. But what if such claims of interconnectedness are extended to Christians and Jews, or even Christians and Muslims?


16 To make such a bold assertion is not to deny in any way the critical disparities in religious histories and experiences that color and create various cultures. However, we often overlook similarities in time and place that are equally decisive. Jews Heinrich and Cerf Marx both were forced to convert to Christianity in order to continue their careers. Y et it is clear that Prussian Protestants made similar demands on Catholics in regards to interfaith marriage, and that Josef von Hommer and Joseph von Grres would have understood some of the emotion and frustrat ion Lacking supreme cultural authority in any geographic area meant all religious minorities, no matter what type of faith, had to compromise and stake out their own smaller claims to r eligious control. The borders that exist ed between faiths were as porous as those between nations, especially over questions like convers ion and mixed marriage Individuals who converted or married outside their traditional faiths p roved that religion co ntinually changed shape to meet new circumstances and the rise of competing forms of identity like nationalism. Yet religion did not simply die out. It continued to be a critical way for individuals to make sense of their worlds and find answers to the c hallenges of the age. Another dividing line is chronological. The span of my study covers three political eras: the Trier archbishopric of the 1780s and early 1790s, the French Revolutionary and Napoleonic period (1794 1814) and the Prussian era from 1814 until around 1840. Yet these markers, like the French Revolution itself, need to remain somewhat fluid, since people living through them did not always demarcate their life stories in this manner. Although historians have often recognized the French Rev olution as a turning point in history, the underlying meaning of such a judgment has not always been dealt with sufficiently. Many scholars of the period have pointed out the continuities across


17 the age to those that would see merely a break with the past Other works prefer the highlight the fact that century markers and the French Revolution itself were not always the most exact of hist orical dividing lines 7 Indeed the has become ubiquiti ous with hundreds of was. However, scholars outside the revolutionary era often use much sharper chronological markers From job searches to textbooks the boundary rem ains firm, so much so that historians of the era must declare themselves either early modernists or modernists. To be such a historian border crosser by studying the French Revolution means to not always be fully accepted by either side. Such questions also apply to the subjects French Revolution historians examine. One must begin with the fact that the impact of the French Revolution was wide and profound. Contemporaries clearly recognized the new educational, professional, political and cultural choi ces placed before them and many fully embraced those opportunities. Samuel Marx, Josef von Hommer and Joseph von Grres all visited Paris to become part of the new ways of thinking emanating from France. However, the ways in which those decisions played themselves out had deep historical roots. The education al and historical backgrounds of Hommer, Lassaulx, Grres and the Marxes had just as much impact on how they interpreted and dealt with their experiences as the Revolution itself. Hommer regularly cr edited his upbringing with keeping him from 7 The Long Eighteenth Century. British Political and Social History, 1688 1832 (London: Arnold, 1997); Hamish Scott and Brendan Simms, eds., Cultures of Power in Europe during the Long E ighteenth Century (Cambridge, UK: Cambridge University Press, 2007); and Paul Baines, The Long Eighteenth Century (London: Arnold, 2004).


18 probably influenced his decision to latch on to the Napoleonic Code. Ancient myths inspired Joseph von Grres. The Marxes nev er entirely escaped the bonds that their Jewish heritage placed upon them. What was ultimately most important was the or the other. My dissertation is constructed a round these bridges across time, space, and faith. It moves chronologically through the lives of my subjects, but loosely rather than strictly, to better embrace the issues that drew them together. Paris, the cultural and political birthplace of all that the French Revolution engendered, provides an excellent starting point. Using the work of Victor Turner Patrice Higgonet Jrgen Habermas and Henri Lefebvre, among many others, the chapter explores the interconnectedness of pilgrimage, myth, geography, and self realization. 8 How did visitors balance expectations and reality and how did the changing shape of Paris alter their perceptions? By visiting the city before the French Revolution, as Napoleon took power, and when Napoleon was at the height of h is authority, Hommer, Grres and Samuel Marx provide markers of how the city evolved across the Revolution. Yet each encounter with Paris did not merely result in easy acceptance of the new opportunities and ways of thinking that the city offered its visi tors. Instead visitors used their own experience might have on imagining their own futures. After visiting Paris Hommer 8 Victor Turner, Drama, Fields, and Metaphors: Symbolic Action in Human Society. (Ithaca, N.Y.: Cornell Uni versity Press, 1974); Patrice Higonnet, Paris: Capital of the World, trans. Arthur Goldhammer (Cambridge, Mass.: Harvard University Press, 2002 ); Henri Lefebvre, The Production of Space trans. Donal d Nicholson Smith (Cambridge, Mass. : Wiley Blackwell, 199 2 ); and Jrgen Habermas, The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society trans. Thomas Burger (Cambridge, M ass. : MIT Press, 1989 ).


19 better understood the enticements of the world, Grres kn ew that revolutionary ideals were dying, and Samuel Marx could better work to improve his community at home. So if witnessing the center of revolutionary thought did not completely reshape As discussed in C hapter 3 w here my sub jects came from had as deep an impact on how they perceived their world as any great historical moment did. As a center of trade and ideas between two different linguistic cultures, the Rhineland was already a progressive arena of rich diversity even befo re the Revolution started. The rich scholarship on borders, ranging from political science, to anthropology, to history provides the basis for this chapter. 9 How are borders created and maintained and how does the process of demarcation affect individu al identity? When they became part of France, citizens of the Rhineland found themselves questioning anew where their own culture belonged. They could not completely convince the French of their loyalty, but neither were they completely German. The regi on was too small to imagine itself as a nation on its own. In an era in which nations were forming for the first time, what did it mean to be part of a nation? Each of the individuals that I examine reacted to this important question differently using no tions of cosmopolitanism, legal codes, and ancient myth to make sense of the new challenges that shifting geographic boundaries imposed Living on a border brought the residents of the Rhineland face to face with such questions in a way that those living in other areas of France and Germany could ignore or allow others to answer for them. Their 9 Benedict Anderson, Imagined Communities: Reflections on the Origins an d Spread of Nationalism revised ed. (New York: Verso, 2006); Celia Applegate, A Nation of Provincials: The German Idea of Heimat (Berkeley Calif. : University of California Press, 1990 ); Peter Sahlins, Boundaries: The Making of France and Spain in the Pyr enees (Berkeley Calif. : University of California Press, 1989 ); Donnan and Wilson, Border Approaches ; and Lefebvre, The Production of Space


20 responses helped create the framework for nationalism debates throughout the nineteenth century. However, nationalism was not the only new principle to evolve out of the French Revolution that people had to adapt into older paradigms. In order for principles like equality and freedom that the French Revolution had created and championed to take hold, a legal and educational framework had to be developed to carry th em forward. The Code Napolon was just such a n agent of change, and it permanently transformed how law was imagined in the Rhineland. As a translator of the Code into German, Franz von Lassaulx provided a cultural bridge for his homeland to these new ide as. The Coblenz Law School that Lassaulx also helped create further connected the Rhineland to judicial reform as a generation of new lawyers, including Heinrich Marx, continued to push these innovative legal principles even after the Rhineland reverted t o Prussia. Yet as C hapter 4 demonstrates, translation and adaptation were never easy. Literary scholars like Paul de Man, Jacques Derrida, Walter Benjamin, and Pierre Legrand have highlighted the pitfalls of translation in both literary and legal context s due to the mutability of language 10 Laws were always easier to compose than to put into practice and older, less open ways of thinking continued to dominate. Just as with physical borders and national identity, legal codes could be manipulated and made to 10 Walter Benjamin, Illuminations ed. Hannah Arendt, trans. Harry Zohn (New York: Harcourt, Brace & World, 1968); Yale French Studies Who or What Is Compared? The Concept of s. Eric Prenowitz, Discourse 30, no. 1 2 (2008): 41 50; and Michael Wood, eds., Nation, Language, and the Ethics of Translation (Princeton, N.J.: Princeton University Press, 200 5), 30 5


21 had also been true of visits to Paris, unfulfilled promise could lead to bitter disappointment. The first several decades of the nineteenth century were replete with exciting new ideas about how political and social relationships could be transformed in a more equitable, free society. However, it was soon obvious that such a future w as not guaranteed, especially in the now Prussian Rhineland. Dissatisfaction led Hommer, cross yet another boundary line. Despite the weakening hold of religious fai th in a secularized age, all of these men turned toward religion for answers and opportunities. These conversions which constitute the focus of Chapter 5 took many different forms. As scholars like Karl Morrison Geoffrey Galt Harpham William James, P eter Brown have suggested, 11 conversion is often a long, confusing process with no clear beginning or ending because it is so individualized. In the case of Josef von Hommer and Joseph von Grres, it was a strengthening of older beliefs and a new convictio n that what one had once rejected as a youth actually had value. For other converts like Cerf and Heinrich Marx long standing prejudice pushed them toward Christianity and its ability to legitimize their careers. Yet one cannot merely view these convers ions as taking a step backward into an age that had passed. Rather, there continued to be tangible benefits to being religious because Christianity provided a legitimate alternative to emerging modern ideas about national identity. Lewis Rambo and Gauri Viswanathan, among 11 Karl Morrison, Understanding Conversion (Charlottesville Va. : Universi ty Press of Virginia, 1992); Geoffrey James Olney, ed., Studies in Autobiography ( Oxford, UK: Oxford Univers ity Press, 1988); William James, The Varieties of Religious Experience: A Study in Human Nature (New York: Longmans, Green and Co, 1902; reprint New York: Collier Books, 1961 ); and Peter Brown, Augustine of Hippo: A Biography (Berkeley Calif. : University of California Press, 2 000).


22 others, have highlighted the unsettling role religious conversion can play in establishing modern cultural norms. 12 Conversion also pointed out the role individuals played in defining both religion and nation in a new age because they wi llingly sought membership in two opposing communities simultaneously. Nationalism might one day replace religious identity as the primary form of societal affiliation, but in the early nineteenth century it had not yet done so. Indeed, the boundary betwee n religion and nation was extremely murky In Prussia o ne could not easily be a national citizen without having the correct Protestant religious background Catholicism continued to provide a more comprehensive, broader definition of nation that conflict 13 An arena in which the complex relationship between religion and nation was most contentious was the 1830s battle over interfaith marriages in the Rhineland the focus of the final chapter By asserting that all children of mixe d marriages should be raised in the faith of their fathers (who in the Rhineland were usually Protestant), the Prussian government hoped to solidify the patriotism of their new territory through common religious faith. This plan did not go well and Rhenis h Catholics erupted in protest at this blatant attempt to redefine their nat ional identity for them. As he lay dying, Hommer found himself desperately trying to balance the demands of the state with the demands of his Church. Joseph von Grres composed A thanasius a searing political commentary on the right of Catholics to 12 Lewis Rambo, Understanding Religious Conve rsion ( New Haven Conn. : Yale University Press, 1993 ); and Gauri Viswanathan, Outside the Fold: Conversion, Modernity and Belief (Princeton N.J. : Princeton University Press, 1998 ). 13 Among the many scholars discussing the rise of Catholic religious nationalism are Raymond Anthony Jonas, France and the Cult of the Sacred Heart: An Epic Tale for Modern Times (Berkeley Calif. : University of California Press, 2000 ); Suzanne Desan, Reclaim ing the Sacred: Lay Religion and Popular Politics in Revolutionary France (Ithaca N.Y. : Cornell University Press, 1990 ); and Politics a nd Society 38, no. 4 (2010): 518 21.


23 envision a state that protected their rights. E ven Heinrich Marx felt it necessary to comment on this vital issue because of what it meant to insert state control over something as pri vate as marriage. T hey all recognized that they had a right to help define what future direction their faith and their nation might take. This assertion was perhaps the greatest legacy of the French Revolution a belief that every individual had the ability to contribute to the national dialogue. No boundary line, legal, religious, or national, was above question in the years that followed the French Revolution. Yet it was not just the ideas and events of the French Revolution that brought about th is undermining of societal values and institutions. It was also the people who lived through the era and how they defined their relationships in a rapidly changing world. Earlier generations created their identities through their families, their local co mmunities, their religious faith, their occupations, and a distant king or lord. Now each of these categories was rewritten and all of them were found to overlap with one another. Public and private met in ways that they never had before. professional life could be rewritten by politics or religion. As individuals wove their way through this wealth of choices and new ideas, they made decisions based not on their lives within one of these arenas but upon all of them simultaneously. By watching these junctures and how and why individuals shifted their priorities, we can throughout s ociety.


24 CHAPTER 2 HE DOVE AND THE INTE LLIGENCE OF THE SNAK ADVENTURES IN PARIS, 1789 1807 On a late fall morning in 1799, young Joseph Grres set off for Paris on a quest. Though only twenty three years old, Grres was alr eady an experienced radical, hardened by battles, both in print and otherwise. He had begun writing anti clerical, pro French pieces at age twelve and had spent the previous year as coeditor, along with his future brother in law Franz von Lassaulx, of Cob Das Rothe Blatt and Das Rbezahl Only recently freed from several weeks in prison, Joseph knew that the task ahead of him was a challenging one. Yet Grres embraced the journey whole heartedly, convinced that he could persuade the leadership in Paris that he and his fellow revolutionaries were true republicans who could be trusted to oke hopefully of a scientific amalgamation of the wisdom of German Kantian philosophy and the practical revolution in France. The new philosophical system would generate a truly moral civic society. n oxides, build a philosophical king like the world has never seen, and prolong eternally the jewel of 1 He and his fellow Rhenish patriots would rid Coblenz of the corruption being bred by former lo cal aristocrats and French bureaucrats abusing their power. With help from Paris they could bind the Rhineland to France and make it into a loyal region of the French state. 2 1 Joseph Grres, Gesammelte Schriften ed. Max Braubach, vol. 1, Politische Schriften der Frhzeit, 1795 1800 (Cologne: Gilde Verlag, 1928), 61. 2 Ibid., xix xxvi.


25 This dream would turn into something else as Grres arrived in a chaotic Fren ch capital struggling to make sense of a recent Napoleonic coup and uninterested in any minor problems in distant provinces. He rapidly would be transformed from a hopeful young supporter into an embittered foe of the French, cast adrift in a sea of doubt s as to how to make anything that he had previously fought for a reality. In December, Grres wrote home to his fianc e Katharina von Lassaulx in desperation. then I have become old, old and filled to the brim with experiences. I will return with a silve r head and a white beard and will creep with a cane. face.... I will nestle myself and bend, lick the feet of the powerful and wag to them, echo every nitwit, be a concave mirror for every small minded person, and spit in the faces of the upright who come to me my conscience. On top of that I give my principles up to be bought. Wh en I have a position I will sit myself in the grandfather chair and my child should feed and fatten me until I am so fat that I completely fill my place like a snail 3 Though overly dramatic, Grres was obviously transformed by his experience, be coming much more wise to new realities than he would have desired. What is most interesting here, however, is the role that Paris itself played in this journey to self realization. As a new century began, Paris was a magnet, the center of a web of ideas a nd possibilities that drew people to it from far beyond the boundaries of France itself. Some visitors would end up, as Grres did, disillusioned and forced to find another path to fulfillment. Others would be luckier and would leave the city brimming wi th hope that change was happening and that their life paths could be rewritten. Still others would be drawn out of curiosity and would leave less transformed 3 Joseph Grres, Gesammelte Briefe, ed. Marie Grres, vol. 1, Familienbriefe (Munich: Commission der Literarisch Artistischen Anstalt, 1858), 11 12.


26 by the experiencing of visiting Paris than embarrassed that they had imagined that a brief stay i n a different city could have any real impact upon their lives. While each of these end results is quite different, the ir starting points are the same Paris. Lloyd aris provided, a social intellectual community that facilitated for exiles the development of new theories about their native national cultures, about France, and about themselves. Parisian realities helped to transform the ideas of outsiders who went there, but their ideas also helped to transform the historical meaning and realities of Paris. Exile provokes new forms of interpretation by defamiliarizing the familiar and familiarizing the unfamiliar. 4 W hat existed between visitor and city was a dialog ue, a story that both sides had a critical role in composing and one that could gradually rewire the paradigms of each. Even though the visits of my subjects were quite brief, ranging from a few weeks to a few months, they all added interesting voices int o the mix of what Paris was and what it was to become, through reimagining who they were and what they could become. This chapter examines three specific visits to Paris: Joseph von Hommer in 1786, Joseph von Grres in 1799, and Samuel Marx in 1807. Thou gh these visits occurred at quite different times and for somewhat varied reasons, they nevertheless highlight the central role that Paris could play in how people made sense of their worlds. The city, both the real one and the imagined one, for both thos e who visited and those who only observed it from a distance, riveted the attention of late eighteenth century Europe. It was a door that opened and closed on a regular basis to a future only dimly visible. As 4 Lloyd Kramer, Threshold of a New World: Intellectuals and the Exile Experience in Paris, 1830 1848 ( Ithaca, N.Y.: Cornell University Press, 1 988), 2.


27 such, it fascinated people, drew them in, an d then expelled them again filled with new ideas about themselves and the universe in which they lived. Before looking more closely at these individual visits, one needs to understand both the nature of Paris as a pilgrimage site and the space that the revolutionary city occupied within the minds of its visitors. This task is a surprisingly difficult one. Whereas much has been written about the history of Paris from antiquity to the present 5 and about its visitors, particularly in the nineteenth centur y 6 travelers during the French Revolution itself have not received the same amount of attention. Those who have written about visitors during this era have tended to focus upon American diplomats to Paris. 7 There are several clear reasons behind this ga p in the historiography the upheaval in Paris during the Revolution naturally led to its having fewer visitors and those who did travel to the city tended to have very specific, political projects in mind. Yet even in its season of chaos Paris remained the political and cultural epicenter of Europe. To understand how visitors made sense of the city, and its impact upon their 5 Among the many fine works on the history of Paris are Colin Jones, Paris: The Biography of a City (New York: Viking Press, 2005 ); Pierre Pinon, (Paris: Hazan, 1999); Robert Cole, 3 rd ed. (New York: Interlink Books, 2003); Daniel Roche, The People Of Paris: An Essay in Popular Culture in the Eighteenth Century, trans. Marie E vans and Gwynne Lewis (Berkeley, Calif.: University of California Press, 1987). 6 There have been many recent work s on nineteenth century visitors to Paris including David McCullough, The Greater Journey: Americans in Paris (New York: Simon & Schuster, 2011); Harvey Levenstein, Seductive Journey: American Tourists in France from Jefferson to the Jazz Age (Chicago, Ill.: University of Chicago, 1998); David Harvey, Paris, Capital of Modernity (New York: Routledge, 2003); Nancy Green, French Historical Studies 25, no. 3 (Summer 2002): 423 440; Mary Gluck, Popular Bohemia: Modernism and Urban Culture in Nineteenth Century Paris (Cambridge, Mass.: Harvard University Press, 2005); Jerrold Siegel, Bohemian Paris: Culture, Politics, and the Boundaries of Bourgeois Life, 1830 1930 (New York: Viking P ress, 1986); French Politics, Culture and Society 28, no. 2 (2010): 118 33. 7 Philipp Ziesche, Cosmopolitan Patriots: Americans in Paris in the Age of Revolution (Charlottesvil le, Va.: University of Virginia Press, 2010); and Melanie Randolph Miller, Envoy to the Terror: Gouverneur Morris and the French Revolution (Dulles, V a.: Potomac Books, 2005).


28 way of thinking, it helps to turn to another type of historiographical literature for comparison religious pilgrimage and its pr incipal city, Rome. It is perhaps dangerous to call Paris a pilgrimage site at all. In the revolutionary and Napoleonic eras, the city could certainly not be compared favorably to Rome, the greatest of all Europe an pilgrimage destinations Paris did not rich, layered history or its central place in a religious network extending into every corner of Europe. But by the late eighteenth century the great medieval age of pilgrimage that bound all Christians into a unified whole via Rome had passed, replaced by a confused mix of travelers no longer brought together on roads leading toward a single destination. Religious pilgrimages did continue in the nineteenth century and, as evidenced by Trier, Marpingen, and Lourdes, even inc reased in size well beyond the number of pilgrims in earlier ages. 8 However, there was no longer a single religious city like Rome Paris would slowly evolve into the beacon of Europe, but at the beginning of the nineteenth century it made poor competition for cities like London However, applying some of the language of extensive anthropological and historical studies of medieval Roman pilgrimage to revolutionary Paris can lead to some interestin affairs where ordinary street clothes are insufficiently elegant for this metropolis of th e 8 See David Blackbourn, Marpingen: Apparitions of the Virgin Mary in Nineteenth Century Germany ( New ; Streitschrift von n Georg Droege, Wolfgang Frhwald, and Ferdinand Pauly, eds ., Verfhrung zur Geschichte. Festschrift zum 500. Jahrestag der Erffnung einer Universitt in Trier 1473 1973 (Trier: NCO Verlag, 1973); and Ruth Harris, Lourdes: Body and Spiri t in a Secular Age (New York: Viking, 1999).


29 9 The city in some ways existed outside of itself as an aspiration or dream. Bondanella was fascinated by the way in which the image of Rome could be sculpted by expression, a common heri tage 10 Here the individual self met corporate culture and society and blended into a riotous, colorful, ever changing portrait of private and public realities. Yet it was not just Rome itself that caused this re it was also the mere experience of pilgrimage and travel. All travel contains notions of pilgrimage, though sometimes unfocused. Travelers may not be in search of a specific holy community but they do seek connection s with a wider world beyond their everyday lives. These bonds, like those of pilgrimage, are imagined ones connecting individual and community. Travel necessitates moving away from the stable neighborhood in which one lives to face unstructured new exper iences. One questions previous thought patterns as one meets different people and viewpoints on the same route. Social class and other distinctions weaken as one experiences a new physical community with new companions. Travelers also endanger societal structure because they exist nowhere. There are no governing structures binding them to a given place and set of norms. 11 9 Peter Bondanella, The Eternal City: Roman Images in the Modern World (Chapel Hill, N.C.: University of North Carolina Press, 1987), 4. 10 Ibid., 1. 11 Victor Turner, Drama, Fields, and Metaphors: Symbolic Action in Human Society. (Ithaca, N.Y.: Cornell Uni versity Press, 1974), 168 72. M.A. Thesis, University of North Caro lina at Chape l Hill, 1998). See also Christian Zacher, Curiosity and Pilgrimage: The Literature of Discovery in Fourteenth Century England (Baltimore Md. : Johns Hopkins University Press, 1976).


30 One leaves the known for the unknown in search of something that is missing. Victor Turner, the renowned anthropologist, described the desire to go on a pilgrimage as follows: The need to choose between alternative lines of action in an ever more complex social field, the increasing weight, as he matures, of responsibility for his own decisions and their outcomes, prove too much for the individual to endure on his own, and he seeks some transcendental source of support and legitimacy to relieve him from anxieties about his immediate and ultimate fate as a self conscious entity. 12 The young, those in need of finding a connection to the surrounding world, thus engage assessment, not all travelers find what they seek. While it is impossible to predict which travelers will succeed in locating that mystical bon d, it is obvious that all curious visitors return in some way changed by the experience of leaving the boundaries of the everyday. Cities like Rome or Paris can bring such moments of self reflection and growth into even sharper focus because of the cultura l connections inherent in the myths enveloping them. Certain locations compete among themselves in importance and in the right to claim that they contain that mysterious element which bonds people into a larger whole. Of course, the most prominent of the se spots regularly switch places within the hierarchy of significance, especially at moments in which history seems to be rewriting itself. The French Revolution was one of those moments. Andrew Hussey suggests, 12 Ibid., 200.


31 13 As with Rome, the cultural meaning of Paris was deeply connected to the aspirations of a large segment of society. Yet what was this myth surrounding Paris and how did it develop? Patrice stories that all societies elaborate to 14 So myths evolve over t ime to answer basic societal questions, but what issues are they addressing and do they do so successfully? Higgonet goes on to label Parisian or better a self 15 Su ch a definition is interesting on a number of levels. Although Karl Marx himself did not refer to Paris as a phantasmagoria and was using the term in another age for quite different reasons, Higgonet has unwittingly caused an interesting juxtaposition. O ne subject discussed here, indeed the one who probably Samuel Marx that he desperately wanted to believe ? Higgonet reaches out a bit too far perhaps. Certainly not everyone was taken in by the fantasy Paris created, as is readily seen in 13 Andrew Hussey, Paris: The Secret History (New Yor k: Bloomsbury, 2006), 204. See also Jones, xvi xvii. 14 Patrice Higonnet, Paris: Capital of the World, trans. Arthur Goldhammer (Cambridge, Mass.: Harvard University Press, 2002), 2. 15 Ibid., 5 6.


32 the faade or that the myth o f Paris was created according to a script to fulfill an emotional need. However, one can easily find evidence that in the wake of the French Revolution Paris sought for itself a new role on the world stage the understudy Paris would now replace the def universalizing and secularized sequel to collective religious myths that had begun to 16 Paris would have its pilgrims. Indeed by the mid nineteenth century it would become the most vita l of all European pilgrimage destinations only these journeys would be secular, cultural and intellectual. Yet how did this transformation take place? Upon what foundation would Paris build its reputation? In addition to the critical saga of the Revo lution itself, Paris intentionally turned to Rome as an inspiration for its future greatness. Even in earlier ages, Rome was the archetype for what Paris wanted to become. Philip Augustus linked his new capital Paris to ancient Rome in early 1200s to fir mly solidify his authority. Francis I created triumphal arches in Paris in the mid 1500s to link his own grand parades to those of imperial Rome. 17 During the reign of Louis XIV, Jean Baptiste Colbert had worked to create a New Rome that would ensure the power, law and order through architectural splendor. However, Louis XIV had other 16 Ibid., 3. See also Michael Marrinan, Romantic Paris: Histories of a Cultural Landscape, 1800 1850 (Stanford Calif.: Stanford University Press 2009 ) ; and Christopher Prendergast, Paris and the Nineteenth Century (Cambridge, Mass.: Blackwell, 1992). 17 Jones, 45, 104 5.


33 never completed. 18 Early revolutionaries also found the ir cultural m use for Paris and the French Revolution itself in a different, republican, ancient Rome. Jacques Louis David, the artistic architect of many revolutionary ideals, used Roman heroes and villains like the Horatii and Brutus to go because of him, Paris makes its revolution within the framework of a Greco Roman 19 The destructive power of the Revolution was felt throughout Paris as long standing monuments, p risons and churches were crushed by mob anger. Henri Lefebvre has suggested that having a revolution means clearing a physical space in which it can thrive. A revolution that does not produce a new space has not realized its full potential; indeed, it h as failed in that it has not changed life itself, but has merely changed ideological superstructures, institutions or political apparatuses. A social transformation, to be truly revolutionary in character, must manifest a creative capacity in its effects on daily life, on language and on space though its impact need not occur at the same rate, or with equal force, in each of these areas. 20 Yet no revolution completely devastates what comes before instead it builds on the parts of history that it can acc ept and turn to its own ends. Thus, it was medieval and Gothic Paris that did not survive the Revolution what was viewed as ancient was usually left intact and regularly reproduced. 18 Orest Allen Ranum, Pa ris in the Age of Absolutism: An Essay (University Park, Pa. : Pennsylvania University Press, 2002), 8 9, 337 44. See also Jones, 132, 157 61. 19 Ren Sdillot, Paris (Ottawa: Librairie Arthme Fayard, 1962), 199. See also Hussey, 156. 20 Henri Lefebvre, The Production of Space trans. Donal d Nicholson Smith (Cambridge, Mass. : Wiley Blackwell, 1992), 54.


34 Napoleon continued in a similar vein but with a new emphasis on creat ing a Roman imperial legacy for himself and for Paris. Stirred by his campaigns in Italy and Egypt, Napoleon brought back to Paris not only ancient statuary like Laocon and Apollo Belvedere but also a clear plan to remake the city in Roman style. New hi storic architecture like the Arc de Triomphe, obelisks, and catacombs began dotting the city. Even plans for improving sewer systems and water transportation were based upon what the ancient Romans had done. From women dressed in silky Empire dresses, to using ancient Roman terms like senate, legion, consul and emperor the age was awash in the rich imagery of Rome at its height of power. the 21 Of course, physical changes to the city were slow but the rising prestige of Paris was quite noticeable. By the mid nineteenth century Victor Hugo could write, Ever since historic times, there has always been on the earth what we call the City Beautiful, Rome the Great. Paris is the sum of all three of these great cities. 22 Paris became a critical element in how Eur ope understood itself in both its physical state and its imagined myth, whether in reality or as a phantasmagoria. It had replaced Rome as a bonding agent between individuals and the culture that defined them. 21 Sdillot, 200 204 19. See also Jones 253 5; and Hussey, 216 17. Paris infrastructure improvements are discussed in Nicholas Papayanis, Planning Paris before Haussmann (Baltimore Md. : Johns Hopkins and the Panthon in Paris can be found in Eveline Bouwers, Public Pantheons in Revolutionary Europe: Compa ring Cultures of Remembrance, c. 1790 1840 (New York: Palgrave Macmillan, 2012). For an Female Spectatorship, and the Discourse of Fashion in Franzsische Mischellen (1803), Monatshefte 100, no. 3 (Fall 2008): 351 368. 22 Steven Barclay, ed., A Place in the World Called Paris (San Francisco: Chronicle Books, 1994), 36 37.


35 A few decades earlier, Josef Ludwig Aloys v on Hommer might have visited Rome rather than Paris to learn about the world. He was a young priest only a few years older than Joseph Grres when he visited the French capital in 1786. He had been born in Coblenz in the archbishopric of Trier in 1760, t he son of Johann Friedrich Hommer, Coblenz Hofrat (court councilor), Kanzleidirektor (chancellery director) and archivist. daughter of a Reichskammergericht (Imperial Chamber C ourt) assessor from Cologne. d when his son was thirteen. However, a strong tradition of service to the archbishop of Trier would carry the family into the future. Jos Melchior von Hommer, was seventeen years older than his sibling and would play a Hofrat like his father and Anna married a Dsseldorf lawyer and died in 1803. Josef was raised alongside his younger brother Johann Arnold, who also became a priest. reverently of his parents and their dedic ation to service and piety. His mother, the sons strict obedience. She did not allow her sons to go on school outings, to learn to ice skate, or to wrestle and throw ball s. In his assessment of his father, Hommer he was clever, learned, very experienced in state business, highly respected in the state,


36 23 T he Hommers thus saw themselves as societal linchpins, guardians of proper values and behavior. It would not be a stretch to call books the two blocks from their hous e to the gymnasium. However, Hommer also mentions that his mother used examples of good behavior among the poor to instruct 24 Whether or not h er commentary provided any sense of moral equality among different social classes is difficult to judge, but an abiding concern with a higher ethical code is clear. and his brothe overwhelming wave of childhood religious instruction. Whereas other mothers dressed their sons as Hussars, Ursula dressed hers as Jesuits. Instead of playing soldiers, he and his br other would make believe that they were saying mass, with their parents or older siblings as the congregation. Hommer did not question the validity of such instructional methods, and indeed praised them as a driving force in his life. For myself, I am t hankful to my God that I was born and raised in an age that a religious education had great importance. It worked out in myself that when I later fell into certain errors and many borderline situations, that I, who was mindful of the principles I had lear ned, came once again to the right way of thinking. 25 23 Josef von Hommer, Josef von Hommer, 1760 1836: Meditationes in Vitam Meam Peractam Eine Selbstbiographie ed. and tra ns. Alois Thomas (Mainz: Selbst verlag der Gesellschaft fr Mittelrheinische Kirchengeschichte, 1976), 11 25, 30 + 59. 24 Ibid., 25. 25 Ibid., 41. See also 25 + 31.


37 In 1768, when Josef von Hommer was only eight years old, his father requested an open canon seat for his son at St. Kastorkirche in Coblenz. Normal canon candidates at the church had to be at least four teen and could not become full canons until at least age 21, after receiving holy orders. But Johann Friedrich petitioned Rome for a special dispensation and by July of the same year Josef was already tonsured and installed in his position, ready to becom e a full canon when he was older. After graduating from the gymnasium in 1776, he entered the theological seminary in Trier. In 1781 he became a full canon at St. Kastorkirche and in 1783 he was consecrated as a full priest. By the time that he visited Paris in the mid 1780s Josef von Hommer already had his first parish at Wallersheim and was serving as an actuary for Archbishop Clemens 26 Yet despite his strict upbringing, Josef v on Hommer was less than an ideal young cleric. His autobiography contains example after example of his failure to maintain clerical morality. He often followed the suggestions of others without thinking about the consequences because he wanted to be popu lar. He speaks of ignoring teachers and being forced to learn lessons by personal experience rather than listening to wisdom from the past. Hommer was most interested in the prizes and prestigious positions and would become angry if someone of a lower st ation would get an award that he wanted by working harder. His poor behavior became especially pronounced at seminary where he and his fellow seminarians regularly ignored rules against gambling, card playing and wine drinking. While briefly at Heidelber g studying canon law before entering the priesthood, Hommer wasted 900 Gulden in a year and a half playing tarock 26 Ibid., 53 55 (see n. 32 34), 75 125.


38 and taking horseback riding lessons. Trips into the countryside during this period centered on dancing and joking around with friends while h is mother sat at home praying for his morals. 27 Of course, Hommer highlighted his poor behavior in part, as was true of much of the genre of religious autobiography, to emphasize his failures and Hommer had not fully come to terms with his religious vocation. As is true of many young adults, Josef von Hommer was still searching for himself and his place in the world when he visited Paris in 1786. His older brother Peter Melchior had asked Jose year old son Friedrich to Metz where he would learn French and philosophy as part of his preparation for a career in business. During a stopover in Trier, Josef visited a friend, Johann Peter von Hontheim, who invited Hommer t o accompany him on a trip to Paris leaving in a few days. The who had spent time in the city in his youth. Staadt enthusiastically urged Hommer to go and gave him 40 Lo uisdors in travel money, so he relented and readily agreed to the journey. 28 state as he headed for Paris, one can readily imagine the pull that such a famous city had on a new cleric relatively inexperienced in the ways of the world. Paris could remake an yone who came in contact with it. the capital had built up a specific culture in which habits and behavior were modeled on recent knowledge, and where the chance to meet and 27 Ibid., 29, 33, 71 83 93. 28 Ibid., 130 31.


39 permanent migrant, fo und in Paris more than just a city atmosphere, such as a villager might find spending a few hours at his local county town, he entered upon a life of a quite new and different kind, he could become a different man. 29 Paris was an ever changing source of kno wledge about the world and oneself that drew people in to experience the new and different. A young Russian traveler, Nikolai Mikhailovich Karamzin, who visited Paris a few years after Hommer, speaks to the awe inspiring reputation. There is the ci ty which for so many centuries has been the model for all Europe, the fount of taste and fashion; the city whose name is pronounced with reverence by the learned and the unlearned, philosophers and fops, artists and fools, in Europe and Asia, in America an d Africa, whose name Never have I approached a city with such curiosity, such impatience! 30 Even at this early stage, Paris was a cultural mecca. Louis Sebastien Mercier, author of the most famous Ancien R gime guidebook to the city, was even more poetic in achieve perfection of any sort. Indeed, those who have never visited the capital have rarely excelled in their craft. If I am not mistaken, Paris air must have something special 31 thought, the city drew to it travelers like Josef von Hommer young men of some means seeking a l ittle adventure outside the ordinary, a journey into unknown vistas of city and self. 29 Roche, 197. 30 Nikolai Karamzin, in In Old Paris: An Anthology of Source Descriptions, 1323 1790, ed. and trans. Roger Berger (New York: Italica Press, 2002), 103. 31 Louis S bastien Mercier, Panorama of Paris: Selections from Le Tableau de Paris, ed. Jeremy D. Popkin, trans. Hele n Simpson (University Park, Pa .: Pennsylvania State University Press, 1999), 29.


40 Paris was a sometimes overwhelming kaleidoscope of color and experience that bombarded v In Paris, the highly famous city, the lifestyle of Frenchmen is quite productive but also very restless. There is so much scattering of activity and so many admirable things that the spirit has hardly an y leisure and time for deliberation. Since we did not have any business to settle, every day we lingered in the city, looking and investigating what was remarkable. 32 Finding oneself in Paris would be difficult because one had so little time for introspect ion everything was visceral and on the surface. Hommer would have readily understood 33 A visit to Paris required an impression of distance in order to understand it. While one was there it would be difficult to find that sense of place. One instead relied on the physicality of the moment and hoped that the compilation of experiences could add up to something comprehensible. Hommer was in Paris for around five months and saw a great deal ranging from churches, to institutions for the blind and deaf, to theater performances and the Royal Observatory. Yet his impressions fifty years later focused on tw o main locations: the Palais Royal and Fontainebleau. The largest amount of his time in Paris was spent at the famous Palais 34 Cardinal Richelieu constructed the palace and the area around it remained the 32 Hommer, Meditationes, 131. 33 Karamzin in Berger, 104. 34 Hommer, Meditationes 131. Ot hers had a similar impression. Oliver Wendell Holmes, Sr. commented in the 1830s th at the Palais ( McCullough, 53 )


41 fashionable center of aristocratic life in Paris for the next 200 years. Richelieu donated the property to the royal family and Louis XIV lived there during his childhood until moving out to Versailles. 35 In the 1780s the long time Orlans family residence was a gathering place for all Paris. It had been expanded by Louis Philippe II in the early 1780s and reopened as a huge complex of over 145 shops and cafs in 1784. One could find everything there from bizarre circus productions to theaters to animals, marionettes and shadow productions. There were 40 jewelry shops alone. It is rare to find a Parisian visitor of the era who did not mention it in their account. Some were highly impressed by the artwork found in the palace itsel f, arguing that seeing it could make one cry for joy and made the entire journey worthwhile. 36 For others, however, it was less a location for great art on the walls than a theater for enacting the art of living life in abundance, a place to be dazzled an d a place to be Everything is to be found there; a young man with twenty years of life behind him and 37 Adding to the rich scene of shoppers bustling about in search of the latest cultural treasures were the cafs and their transformative mix of newspapers an d heated political debates. 35 Ranum, 114 6. 36 Robert Isherwood, Farce and Fantasy: Popular Entertainment in Eighteenth Century Paris ( Oxford, UK: Oxford Univer sity Press 1986), 219 38; Anne Felicity Woodhouse, English Travelers in Paris, 1660 1789: A Study of Their Diaries ( Ph.D. diss., Stanford University, 1976), 98. See also McCullough, 28 + 53. 37 Mercier, 202.


42 Museums and clubs held lectures and readings as well. The theatrical scene changed shape as one observed it and swept outsiders into its maelstrom. For all its excitement, however, the Palais Royal, like Paris itself, had a mu ch for spiritual and physical health, every method of swindling those with money and tormen 38 easier. Lying and cheating customers was common, as were bankers speculating in stock s, lawyers trying to drum up business, fights, prostitution, robbery and gambling. brilliance of whose votaries has banished shame, no public place in the world is mor e 39 Many of the criminals were aristocrats so there was little the police could do to control the Palais Royal. 40 What pleasures Hommer engaged in while visiting the Palais Royal is diffi cult to say, but for a man from a provincial German town raised in strict isolation from immorality, the entertainment must have been shocking at a bare minimum. After leaving Paris Hommer could no longer justifiably label himself as pure or nave. At l east in part, he had been corrupted by the theater that was Paris by being a spectator to it. 38 Berger, 128. 39 Mercier, 202 3 and Isherwood, 239 45. 40 Isherwood, 247.


43 Perhaps some slightly guilty feelings about the Palais Royal kept Hommer from commenting in more detail on a place that he visited so often. His reticence did no t The palace had been built as a royal hunting lodge in the twelfth century and had been rebuilt by multiple kings over the centuries. Toward the end of his visit in lat e October, Hommer decided that his journey would not be complete without attempting to see Louis XVI and Marie Antoinette. His companion, Johann Hontheim, had no desire to go so Hommer set off by himself for Fontainebleau, about fourteen miles outside the city. He had been told that the king tended to stop at Fontainebleau at that time of year for a hunting expedition. Due to an early snowstorm the hunt was postponed, and Hommer decided to dress habill en abb and go to see the palace. He freely wander ed the halls and even met the king and queen. Because he was not part of a German tour group, Hommer was forced to speak French but was able to learn more and get closer to the friendly French eager to share their experiences as courtiers. Hommer did not stay at Fontainebleau long and returned to Paris after just one night. 41 Royal and Fontainebleau can be seen in sharp Hommer gave much more space in his narrative to Fontainebleau than to the Palais Royal. The palaces were in competition with one another over who would have cultural and political control of visitors, residents, and ultimately France itself. This battle for cu ltural hegemony was similar to the one between Rome and Paris. On the one side, 41 Hommer, Meditationes, 131 3.


44 there was Fontainebleau and Versailles, focal points of royal authority. Until 1750 Versailles was where the excitement was, the place from which French power emanated and th e magnet for those desiring a glimpse of greatness. But by the time of position at The Court no longer decides which opinions will prevail or which reputations The Court itself, not unaware of the change, no longer dares to pronounce upon a boo k, a play, a new masterpiece, or a singular or extraordinary event. It awaits the declaration of the The Court holds its tongue. Paris talks. 42 Those all important declarations emanated from the salons and cafs of the Palais Royal as a Habermasi an public sphere developed. Habermas argued that in the eighteenth century a new realm of public activity emerged that challenged older ways of thinking. Now continuous state activity corresponded to the continuity of contact among those trafficking in co mmodities and news (stock market, press). Public authority was consolidated into a palpable object confronting those who were merely subject to it and who at first were only negatively defined ; the attri bute no longer of a person endowed with authority but instead t o the func tioning of an apparatus with regulated spheres of jurisdiction and endowed with a monopoly over the legitimate use of coercion. The manorial lo rd's feudal authority was tra nsformed into the ; the private people under it, as the addressees of public a uthority, formed the public. 43 42 As quoted in Higgonet, 28 9. Relations between the crown and Pari s had long been deteriorating. For he monarchy see Arlette Farge and Jacques Revel, The Vanishing Children of Paris: Rumor and Politics before the French Revolution, trans. Claudia Miville ( Cambridge, Mass. : Harvard University Press, 1991). 43 Jrgen Habermas, The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society trans. Thomas Burger (Cambridge, M ass. : MIT Press, 1989), 1 8. See also Lincoln The ory and Society 34, no. 2 (April 2005): 111 Criticism 46, no. 2 (Spring 2004): 207 22.


45 The power of the written and spoken word and its ability to transform France itself became incre asingly evident as the French Revolution drew closer. However, it would not be until October 5, 1789 when Parisian women brought the royal family back to the capital in triumph that the two loci of cultural authority would come together as one whole. The wave from Paris subsumed the court. 44 strongly suggests that even a few years earlier this change was far from finished. Seeing Paris was nice, but his visit was incomplete until he could say that he had seen the king. Royal a uthority, though threatened, remained for many a strong draw. The monarchy was understandable and focused on a single individual rather than spread out among many uncontrollable forces at the Palais Royal. Thus the king was safer, an icon with which one could connect without embarrassment. Yet one cannot forget that Hommer spent more time at the Palais Royal. The Revolution was coming and even a cultural conservative like Hommer could not ignore Paris narrative by far is the lie that he told to himself and his audience. He opened his recollections of Paris by 45 Yet this date is not possible by November 1789 the king and queen were already under virtual house arrest in Paris, not roaming happily on the annual royal hunt. Later in the narrative Hommer gave a clue to the actual date of his trip. He said that he and Hontheim returned to Coblenz in 44 Higgonet, 18 36. 45 Hommer, Meditationes, 129.


46 finished Coblenz residence. This celebration occurred on the 23 rd of November 1786. 46 So why does Hommer place the date of his adventure three y ears later? It is not likely, even with 60 years distance, that Hommer simply misremembered the timing of his trip. He would have known that the Revolution was well underway by the fall of 1789 and that he was not actually part of it. Yet he wanted to b e. The hidden revolutionary within him spoke here. The excitement of being in Paris for so critical a moment in its history was too great for Hommer to resist he had to at least imagine himself being there, if only for a moment. t to Paris can be labeled ambiguous at best. He did not visit the city with an expressed purpose, political or otherwise, and indeed expressed some guilt in taking the trip at all. I became familiar with the way of life of the French, satisfied my cur iosity, saw a great deal which came in handy in my later life. However, generally speaking, this journey was less than necessary. If I had had the word of have stayed at home. 47 Yet hidden beneath this embarrassment in having taken what was in essence a pleasurable vacation was a clear agenda a curious desire to see a place about which everyone was talking. In many ways this masked yearning was indeed fulfilled, much to s chagrin. He had faced a Paris struggling between the polar opposites of good and evil, of open minded discussion and sinful pleasures. Hommer commented at are similar in both their falsehoods and their integrity. It requires the simplicity of the 46 Ibid., n. 238. 47 I bid., 131.


47 dove and the intelligence of the snake in order to operate with all humans of every 48 Josef von Hommer had changed in spite of himsel f. The trip was not worthless because it opened him to vistas previously unimaginable in his sheltered existence. What he did with this new perspective would work itself out over time, but he was innocent no more. Paris marked an awakening jolt to Homme Though time period and motive were considerably different for Joseph von Grres, Paris also had a comparable impact on his consciousness. mid sized German city of about importance increased when Archbishop Wenzeslaus moved his primary residence from Trier to Coblenz in 1777. Located at a critical junctu re of the Rhine and Moselle rivers, the city had a larger number of Italian and French immigrants and an economy heavily based in wine and lumber. Grres was the eldest son of Moritz Grres, a wood merchant, and Helene Therese Mazza, the daughter of a res pected Italian merchant family and sister of a future city mayor. He had two younger brothers and four sisters, 49 The house that he grew up in was at the lower end of t he Rheinstrae, one of the more residence of Adam von Lassaulx, an advisor to the archbishop and father of Katharina 48 Ibid., 133. 49 Jon Vanden Heuvel, A German Life in the Age of Revolution: Joseph Grres, 1776 1848 ( Washington, DC: Catholic University of America Press, 2001), 1 4. See also Joseph Galland, Joseph Grres. Aus Anlass seiner hundertjhrigen G eburtsfeier in seinem Leben und Werken dem deutschen Volk g eschildert (Freiburg im Breisgau: Herder'sche Verlagshandlung, 1876).


48 and Franz von Lassaulx, intimate playmates and future spouse and brother in law to Grres. 50 Thus Joseph von Grres grew up in a household similar to many others who would feel the pull of the French Revolution most strongly a member of a successful bourgeois family eager to shatter the weakened glass separ ating themselves from social and political elites. gymnasium. He entered the school in 1786 at age 10 and was soon recognized as an extremely gifted student, if somewhat pas sionate and a bit of a troublemaker. Yet world, it was uneasy and stormy in the sch ool and one of the most zealous and restless 51 gymnasium was quite different from the one that Hommer had attended sixteen years earlier. Hommer had been given a traditional Jesuit education but with the dispersal of the order and Josephinist Enlightenment reforms, the Coblenz gymnasium now lay at the intersection of efforts to improve ed ucation. Though he would soon regret supporting such a sweeping reorganization of the schools, Archbishop Wenzeslaus himself argued in the early 1780s for a new system. Education was to be more rational 50 Verschwu ndene Grres Sttten in Koblenz, in Grres und Koblenz: Ein Katalog zur Ausstellung, die die Stadtbib liothek Koblenz aus Anla des 200. Geburtstages von Grres am 25.1.1976 veranstaltet ist (Koblenz: Stadtsbibliothek K oblenz, 1976), 48 54. See also Vanden Heuvel, 8. 51 Historisch Politische Bltter fr das katholische Deut schland 27 (1851): 118 See also Georg seiner Lehrer Mittelrheinische Geschichtsbltter 5, no. 4 (1925): 1.


49 and moral, less based in Church dogma, more interes ted in promoting native German 52 In arguing for a new, national German Church, professors at the gymnasium pushed well beyond where many clerical leaders in Trier were comfortab le. These men and their students soon became even more radicalized by the French Revolution. 53 soon welcomed French aristocratic refugees openly and Coblenz became one of the largest migr Klein Versailles The and refusal to follow local laws, coupled with a legitimate fear that the French might attack, created an increasingly tense atmosphere in the city. 54 However, the incident that most clearly helped radicalize Grres was the brief French takeover of nearby Main z in 1792 3. After Wenzeslaus fled, Coblenzers, certain that they would be captured next, sent a deputation to the French begging that they be spared. Led by Peter Ernst von Lassaulx, Coblenz secular Syndikus 55 52 Vanden Heuvel, 13 14. For further information on education in Trier, see Michael Rowe, From Reich to State: The Rhineland in the Revolutionary Age, 1780 1830 ( Cambridge : Cambridge University Press 2003), 26 28. With its four universities, the Rhineland had a higher lite racy ra te than most of Europe. The Trier archbishopric had mandatory education through age 11 and attendance rates of 70%, among the highest in Europe. A 1788 survey found 91% of schoolchildren could read. 53 Joseph Hansen, ed., Quellen zur Geschichte des Rheinla ndes im Zeitalter des Franzsischen Revolution, 1780 1801, vol. 1, 1780 1791 (Bonn: Ver lag P. Hanstein, 1931), 684 8. See also Braubach, Grres: Gesammelte Schriften XVIII XIX. 54 Rowe 44 5. 55 The Syndikus were secretaries for the Stnde the ad visory body to the archbishop. There were two, one secular and one religious for e ach half of the archbishopric. Coblenz religious Syndikus was none other than Josef von Hommer who was heavily involved in discussions over whether to send a group to Mainz a a member of the Mainz group. See Joseph Hansen, ed., Quellen zur Geschichte des Rheinlandes im Zeitalter des Franzsischen Revolution, 1780 1801 vol. 2, 1792 1793 (Bonn: V erlag P. Hanstein, 1933), 508.


50 the group v isited Mainz for several weeks. Although there was no official mention of sixteen year old Joseph being part of this group, it was quite possible. Upon returning from Paris eight years later, Grres stopped in Mainz and recalled an earlier visit there. Where I am right now the first seeds for my enthusiasm were planted eight years ago 56 The deputation did not just speak to French authorities they also visited the Mainz Club, gathering spot for enthusiastic German supporters of the French Revolution. Archbishop Wenzeslaus was furious. When he returned to Coblenz after the French retreat a few months later, he imprisoned Peter Ernst von Lassaulx for treason. Lassaulx was lat er released but remained under suspicion until the French came again and took Coblenz in 1794. 57 teenage Grres no doubt saw the events of 1792 as a turning point. The time had come to choose sides in the debates over his own future, and that of Coblenz and the rest of the world. Joseph and many of his fellow revolutionaries, mostly gymnasium students and professors, established the Coblenz Patriotic Club in 1796. Joseph was particularly enamored with I mmanuel Kant and sought to make his philosophical principles more concrete Kant was the philosophical soul of how Germans made sense of the French Revolution. As was true of many German thinkers, Kant was much more theoretical 56 As qtd. in Hansen, ed., Quellen vol. 2, 508. For another description of this episode see Roger Dufraisse, sociale: de Paris (Bonn: Bouvier Verlag, 1992), 38 68. 57 Ibid., 486, 508 10, + 787. See also Braubach, Grres: Gesammelte Schriften XX; Vanden Heuve l, 23 5; and Rowe, 77 8.


51 than practical. Kan t urged reform but, and evolutionary, scientific development and understood the establishment of civil order 58 existing political framework, even if the people were oppressed, was not progress. He discontent of subjec the highest and most punisha ble 59 Yet as the French Revolution progressed Kant found himself in the awkward position of explaining the Kan encouragement of reform made him enemies in the government and followers among fellow Germans, particularly in the Rhineland, who felt that the time for change had begun. Grres for one, help the French to create the moral government that Kant had first outlined 60 In 1797 Adam von Lassaulx turned over control of his publishing house to his son, and Franz and Joseph soon began printing Das Rothe Blatt a German Jacobin newspaper. The nam e of the paper changed to Das Rbezahl in 1798 in order to avoid French censorship. In these publications young Grres found a home for his fervent 58 Walter Grab, Ein Volk mu seine Freiheit selbst erobern. Zur Geschichte der deutschen Jakobiner ( Verfassung. Kants Staatstheorie vor dem Manfred Buhr, ed., Deutscher Idealismus und Franzsische Revolution (Trier: Karl Marx Haus, 1988) and George Peabody Gooch, Germany and the French Revolution (London: Frank Cass & Co, 1965). 59 Kant as qtd. in Grab, 30. 60 Vanden Heuvel, 25 35. See also Christopher Buchholz, Franzsischer Staatskult 1792 1813 im linkrheinischen Deutschland ( New York: Lang, 1997).


52 voice. search out and give 61 For the rest of his audiences would respond with similar passion. Yet convincing others to follow the path to Kantian mo rality proved quite difficult. The Coblenz Patriotic Society faced two main challenges: lack of support from Rhinelanders and lack of interest from French authorities. One might presume that the absence of Rhenish enthusiasm for revolutionary ideals was due to its provincialism, but actually the opposite was true. Rhinelanders found little appealing in the Revolution because their region already had reformed itself and was quite advanced economically. They saw themselves as already enlightened and did n ot need the rude and burdensome French to tell them otherwise. 62 The question of what the French should do with the Rhineland simmered between 1796 99. The French Directory debated whether the Rhineland should be an independent buffer state modeled on the states already founded by Napoleon or be made part of the French Republic. Such talk inspired Rhenish radicals to embrace an independent Cisrhenian republic They went so far as to create their own flag and plant liberty trees as they worked hard to convince their fellow Rhinelanders. Yet they found scant public ent husiasm there were only about 2,00 0 supporters in the entire 61 Grres, Politische Schriften 193. 62 T.C.W. The Historical Journal 23, no. 4 (Dec. 1980), 990 6. For an examination of this anti revolutionary phenomena in Mainz see Karl Wegert, German Radicals Confront the Common People: Revolutionary and Popular Politics, 1789 1849 (Mainz: Verlag Philipp von Zabern, 1992). See also Grab; Klaus Rheinische Viertelja hrsbltter 54 (1990), 166 9; and Kysti Julku, Die revolutionre Bew egung im Rheinland am Ende des a chtzehnten Jahrhunderts 2 vols., ( Helsinki: Suomalainen tiedegkatemia 1965).


53 Rhineland, 300 (3.5% of the population) in Coblenz. Though the Directory eventually decided in late 1797 in favor of making the Rhineland part of France, Rhenish Cisrhenians like Grres contin ued to hope for something different. Social reforms undertaken by the French allowed the Cisrhenians to keep imagining that they might someday get at least partial control over their own affairs. 63 French occupation certainly did not aid the German Jacob in cause. As T.C.W. certainly a powerful weapon, but it was also clumsy and indiscriminate in its effects, lacerating potential supporters at the same time as it sliced thr 64 Not only did the French brutalize Coblenz and anger residents, they also purposely ignored those most willing to defend them. Each successive French administration was worse. Corruption increased and German radicals found that all the important government positions were being given to the very Old Regime bureaucrats that they were trying to overthrow. Grres cried out in frustration, that only slave hoards li ve on the fertile banks of the Rhine, men who peace and wealth for freedom teach you better? Ha! Give us our integrity again, give us your constitution or a similar one, suppress th e cabals that 63 Rowe, 66 and Grab, 212 67. Other historians have argued that the roots of nationalism can be found in his support of the Cisrhenian republic. While it is true that Grres always felt that Germans were as important as the French in establishing a just state, it was not until his visit to Paris that he began t o imagine the Germans and French as completely separate peoples. See Max Braubach, Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 18 24. 64 Blanning, 999. For the physical and financial damage caused by the French see Rowe, 54 60; and Hansgeorg Molitor, Vom Untertan zum Administr. Studien zur franzsischen Herrschaft und zum Verhalten der Bevlkerung im Rhein Mosel Raum von den Revol utionskreigen bis zum Ende der napoleonischen Zeit ( Weisbaden: F. Steiner, 1980).


54 65 themselves no closer to their goals. Radicals, including Franz von Lassaulx, briefly gained control of the Coblenz town council in the summer of 1799 but were soon subsequent protests landed him in jail for about twenty days. 66 The Coblenz Ja cobins realized that a change in tactics was in order a direct appeal to Paris would be their best hope. When Josef von Hommer went to Paris, he leisurely observed the roiling arguments of the coming Revolution from the sidelines. The atmosphere that Jo seph von Grres breathed, however, was radically different. He visited Paris not as some debate. What had begun in Paris over ten years previously now involved all of Eu rope, and the city could no longer completely control the discussion. Grres also did not visit Paris as a completely innocent or merely curious pilgrim. Rather, his starting tors, th only days before Grres entered the city he wro te home to his fianc e Katharina. 65 As qtd. in Vanden Heuvel, 42. 66 Joseph Hansen, ed., Quellen zur Geschichte des Rheinlandes im Zeitalter des Franzsischen Revolution, 1780 1801 vol. 4, 1797 1801 (Bonn: Verlag P. Hanstein, 1938), 1114 8 and 1205 8; See also Ester Beate Krber, Grres und die Revolution: Wandlungen ihres Begriffs in ihrer Wertung in seinem politischen Weltbild, 1793 1819 (Husum: Matthiesen, 1986), 33; Max Braubach, Rheinische Heimatbltter 5 (1928) : 122 26; Mller, 166 9; Vanden Heuvel, 76 9; and Rowe, 60 1.


55 Tomorrow I enter the land of heroes and cowards, the proudest republicans and the most de based slaves, the great republic and the pitiful people. Here at the threshold I have often cast an eye into the interior, which fills me with wonder and apprehension at what awaits me once I have put myself in the middle of that great swarm of humanity, where the people have grabbed and torn at each other with claws, nails, and teeth... 67 As it had been for Josef von Hommer, Paris embodied the full spectrum of human he approached the city more cautiously, dimly aware of its ability to threaten and change individuals. Yet the young revolutionary also came with considerable hope and enthusiasm, or he would not have made the long journey at all. In his childhood, Grres had dreamed of being a seafaring adventurer in search of distant lands. 68 Paris was not physically with a clear leading role for a dashing hero. He firmly believed that h e had the right and the duty to tell Paris his ideas and have it listen. Whereas Hommer went to learn from the city, Grres went to teach it. However, Grres little realized just how transformative entering the melee of Parisian politics could be. From t he very beginning, Grres was aware that his task might not be an easy one. delegation left for Paris, but they did not find out the news until a stopover in Trier. Originally, repres entatives from the four Rhineland provinces were supposed to gather in Trier before traveling together on to the capital to present their petition. The group desired two things: the dismissal of the most recent French commissioner, Joseph 67 As qtd. in Vanden Heuvel, 82. 68 Guido Grres, 125.


56 Lakanal, and the immediate, complete union of their Rhenish territory with the rest of France. The meeting in Trier in many ways marked the height of their success. Only Grres and General Rudolf Eickemeyer of Mainz decided to continue the journey, the rest declaring th at the trip was now unnecessary. Eickemeyer and Grres arrived in Paris on 30. Brumaire (November 21) and found a city completely unwilling to hear their complaints. Lakanal had already been dismissed, so they attempted to meet with o argue their case. They had little success and soon turned their attention to meeting with Napoleon himself. Parisians, however, regarded the Rhenish delegation with extreme suspicion. A Parisian newspaper, Ami des lois, discontented with the legal government and who had distinguished the mselves through 69 By the 16 th of December Grres had already written home urging his immediate recall since he no longer believed union with the French republic was worthwhile. The Coblenz Jacobins ignored him and Grres f inally decided to leave Paris in early February 1800 without their permission. Because of his military background, Eickemeyer was somewhat more successful. He eventually met with Napoleon twice and was able to secure a more amenable successor to Lakanal, in 70 For 69 Hansen, vol. 4, 1222. See also 1216 7 + 1221. 70 Ibid., 1243 7.


57 Grres, however, the trip was an unqualified disaster that would radically change his view of the world. Joseph von Grres could not have arrived in Paris at a worst mome nt. The previous decade may have freed Paris from the bonds of feudalism, but it did little for its infrastructure. The rapid turnover in governments and the Reign of Terror had left the city in shambles. melt more of filthy 71 The statistics lay out a tale of increasing misery: in 1801 the number of Parisian poor seeking assistance was over 111,000 a huge increase over the 73,000 who had asked for it in 1794. Poor harvests, higher taxes and abandoning the Maximum decimated the population in Paris. It had steadily fallen from approximately 700,000 before the Revolution to an estimated 660,000 in 1795 to only 547,756 in 1801. 72 began, they mig ht not have known what changes Napoleon might bring, but Paris was certain that it would be an improvement. This confidence set up an odd juxtaposition for other, a dance craze had overtaken the city with many of its taverns turned into dance halls where people celebrated long into the night. 73 71 Alistair Horne, Seven Ages of Paris (New York: Alfred Knopf, 2003), 162. 72 David Garrioch, The Making of Revolutionary Paris (Berkeley Calif. : University of Ca lifornia Press, 2002), 309 10. See also Alfred Fierro, La Vie des Parisiens sous Napolon ( St. Cloud: Napolon 1er editions, 2003). 73 Andr Castelot, The Turbulent City: Paris 1783 1871, trans. Denise Folliot (Freeport, New York: Books for Libraries Press, 1962), 73 83. See also Horne, 162 3.


58 For a young, inexperienced provincial like Joseph von Grres what he saw would have been difficult to comprehend. He would have 74 Grres wrote home to his dear Katharina with hi s s enses completely overwhelmed. The horrible noise from morning to evening, the most unfavorable screeching of the Savognards, the newspaper carriers, the fish wives, the fruit sellers, the roles of the thousands of hackney carriages and cabriolets that cros s from all sides of the street, the dull swamps of the crowded houses of the people that no one takes down and still always move, their form changes and they are put up again. E verything gives a chaotic tone that makes me deaf and dumb. It is also winter the death of nature, and a thick fog has blown constantly over us the entire time that we have been here. All of the splendid buildings, all of the luxury and fashion heaped ts horn of plenty: all this is not able to fill the large, large whole in my heart that comes from being so far away from all that I love. 75 Unlike Josef von Hommer, Grres did not have the luxury of relaxation or time to carefully make sense of what he was experiencing. He was on a vital mission and needed to find his feet quickly. Paris, however, did not provide him the opportunity, so Grres became increasingly frustrated with himself and how easily he could be taken in e gotten into the dressing room and have seen the people painting and cleaning themselves and have become angry that I now paint and 76 The drama that Paris embodied fascinated and alarmed both Ho mmer and Grres because they could feel 74 Randolph Miller, 17. 75 Grres, Gesammelte Briefe, 6 7. 76 Ibid., 12.


59 years after the experience could hide his indiscretions or attribute them to his youth, Grres was stuck with an unsavory portrait of himself with which he rapidly had to come to terms. The young revolutionary made sense of his new reality in part by turning to evaluate the actor at the center of the Parisian drama, Napoleon Bonaparte. During and the rest of France remained quite insecure. The new French leader had found only 60,000 francs in the treasury in the wake of his coup. Visitors granted an audience in late December 1799 were shocked to meet with the First Consul in a small, unheate d room. It was not until February 19, Tuileries Palace and began many critical reforms. 77 But by then Grres was most likely on his way back to the Rhineland, so Joseph was l eft to speculate about what was to come. It was clear to Grres that Paris did indeed need some peace and stability, but he was quite concerned about the grandiose thespian offering it. If the ingredients going into the new government were any indication France was moving away from the moral Kantian state that German radicals desired. 78 A few months later Grres predominance of unity, all opposition crushed to death under the glimmer of 79 Yet even in all the uncertainty of Paris shortly after 18. Brumaire, the young visitor from the Rhineland could glimpse that despotism had arrived and the 77 Castelot, 83 9. Reactions by American visitors to Paris at the time were mixed with some seeing Napoleon as a savi or and others as the opposite. See Ziesche, 138 40. 78 Krber, 36 7. 79 Grres, Gesammelte Schriften 584.


60 French Revolution was dead. Confused and disheartened, he returned hom e to make sense of what had happened to Paris and his own dreams and convictions. young German a nd Austrian radicals like Georg Forster, Georg Friedrich Rebmann, Andreas Reidel and Franz Hebenstreit who visited Paris full of expectation and left embittered. 80 Only Grres, however, was able to transform his frustration into such convincing prose. He wrote quickly to answer his many critics, especially among his fellow radicals, to explain why he was giving up the cause. His piece was careful and pure political passi 81 servant of his heart. Despite all its logic, his theory is routed in enthusiasm, and he only wants to pr 82 His pamphlet was printed by May 1800, only three months after he had returned. Afterwards, he retreated into his books and took a position teaching physics at the Coblenz gymnasium. 80 m Gesellschaftsbild n Manfred Buhr, ed., Deutscher Idealis mus und Franzsische Revolution (Trier: Karl Marx Haus, 1988), 183 92. An English visitor who had a similar reaction to visiting Paris during the T error was Mary W ollstonecraft. See Harriet elvin Everest, ed., Revolution in Writing: British Literary Responses to the French Revolution ( Philadelphia, Pa.: Open University Press, 1991 ), 101 20; and Ulrich Brioch, H.T. Dickinson, Eckhardt Hellmuth, and Martin Schmidt, eds., Reactions to Revolutions: The 1790s and their Aftermath (Mnster: Lit Verlag 2007). 81 Krber, 34. 82 Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 38.


61 Grres covered considerable territory in his pamphlet, but there was one predominant theme that would drive his later politics Germany and France were too ethical climate. The flames of the French Revolutio n had burned too brightly and quickly, and France had lost its engine of universalism. Any talk of German and French chemical bonding completely evaporated to be replaced by a clear, nascent German nationalism. During his visit to Paris, Grres began to recognize just how foreign France really was. His letters home to Katharina contained regular comparisons, none favorable, between France and his beloved Rhineland. The only time that he appeared comfortable and enjoying himself was when visiting fellow Germans. sprang suddenly to the banks of the Rhine and I diligently held the illusion that did me 83 To be in Paris for Grres was to be lost, to have abandoned his inner beliefs and culture. To find him self meant rejecting all that Paris and France embodied, to locate his German core. exis 84 Joseph moved to his central, national argument by carefully defining the strengths and weaknesses of the French and German character. The French were : Easily bloody and warm with sensitive organs susceptible to pleasure, light and flimsy glidin g over things, never setting themselves firmly on the same nature that only gently blow the flowers on the upper layer of earth, and do not concern themselves with the treasures to be discovered in a deeper 83 Grres, Gesammelte Briefe, 8. 84 Grres, Gesammelte Schriften 557.


62 85 reacted too much on the surface to make a deep, lasting impact that could fundamentally transform Europe. In contrast was the German: by that expanding fire, his nature is more compact and not capable of quicker i offenses but will also not enthuse him to do great deeds. He will not be that he puts forward for himself is constant, never stormy, never stationary, but also never jumping like his neighbors. 86 What is most interesting here was that Grres did not merely praise the German outlook contributio n to society. However, Joseph no longer recognized the possibility of any different regions, both forcibly fed against each other. They will always remain incomprehensibly puz zling to the other; each will speak a language that only they can understand and feel oppressed by the supremacy of the other one when within their 87 What had begun in Paris in an inability to make sense of his experiences and find inspiratio n for his goals had transformed into discovery of himself as a German. 85 Ibid., 591. For a more general view French Historical Studies 25, no. 3 (Summer 2002) : 423 440. 86 Ibid., 592. 87 Ibid., 593. See also Krber, 38 41; Ingeborg Schnfelder, Die Idee der Kirche bei Josef Grres (bis zum Jahre 1825) (Breslau: Kruppke, 1938), 12; and Gnther Wohler Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 1 6.


63 Paris was a clear disappointment, but it also rewrote who Grres was, just as it had for Josef von Hommer. It opened up new windows by causing Grres to ques tion what he really belie ved. It would take time for the young revolutionary to find himself once more, but rejection of Paris lay at the core of his new self awareness. Yet Grres demanded much more of Paris than Josef von Hommer had he had asked for inclusion in its politica reaction reverberated with his fellow Germans, further deepening the national cultural divide and serious being a city welcoming all pilgrims and having an exclusive right to control the debates within it continued to steer Paris throughout the Napoleonic era. A clear example of this conflict ov er inclusion is the story of a third Rhenish visitor to Paris, Samuel Marx, who visited in February 1807. In many ways, his tale is quite different from the two others because of his Judaism. Whereas both Hommer and Grres have left behind extensive comm entaries that are easily accessible, little nephew Karl, it is doubtful that there would be any real evidence preserved. Yet in putting together the small pieces still avai lable, a fascinating portrait of Paris and its impact emerges, one that both starkly contrasts that of Hommer and Grres but also provides strong links to them. sized community in the Trier had been one of the largest cities in the Roman Empire and had been resident


64 seat of the archbi shopric for hundreds of years before Clemens Wenzeslaus moved to up and down the river. It also had a similar population of around 10,000 residents at the time of the Fre nch Revolution. The Jewish community in Trier was quite tiny. In 1785, twelve Jewish families resided in Trier, most in the vicinity of the synagogue on Weberbachstrae, though they were not legally restricted to any one area of the city. Most of these families rented their properties from Christians. 88 These numbers Hndler ), 17 businesspeople ( Kaufleute ), 9 second hand dealers ( Hausierer Trdler ), 6 Jews without trade, 1 rabbi, 1 doctor, 2 teachers, 1 cantor ( Chazzan recorded in Trier. 89 Adding in families, these numbers probably represent a community of no more than 150 named the site of one of the Napole onic Jewish consistories in 1809, controlling the 90 Samuel Marx was born in October 1775, only a few months before Joseph von Grres. He was the oldest son of Samuel Marx Levi (1746 1804) and Eva Moses Lww 88 Reiner Nolden and Mire Mulloy, eds., The Jews of Trier: A documentation based on the catalogue (Trier: Municipal Library and University Library, 1988), 22. For more on the general conditions of Rhenish Jews under French rule see Jutta Bohnke Kollwitz et. al, eds., Kln und das rheinische Judentum: Festschrift Germania Judaica, 1959 1984 (Cologne: J.P. Bachem, 198 4 ): 87 94. 89 Annette Haller, ed. Das Protokollbuch der Jdischen Gemeinde Trier, 1784 1836: Edition der Handschrift und kommentierte bertragung ins Deutsche ( New York: Peter Lang, 1992), 3 6. 90 Ibid, 34. community had about 200 members. The number of Jews in Trier may have grown during the Napoleonic er a because of its consistory. Hubert Schiel, D ie Umwelt des jungen Karl Marx. Ein unbekanntes Auswanderungsgesuch von Karl Marx (Trier: Verlag Jacob Lintz, 1954), 6.


65 (1753 1823). He had two sisters and five brothers who survived to adulthood. Traditionally commentators have emphasized the rabbinical tradition within the Marx family tree, but some scholars have recently suggested that this focus has been misguide d. The earliest documents mentioning the family date from about 1670 and Skall is listed as a rabbi, but his father Samuel Marx Levi is mentioned in documents as both a ra his father took over for his father in law, Moses Lww, after his death in 1788. supporting multiple r never well off. His father only owed one Reichsthaler 20 Albus and 2 Pfennige or around 4 livres in taxes in 1794. 91 By comparison the entire Jewish community in the Sarre department supplied 2,110 livres in forced contributions that same year. 92 A moderately successful bureaucrat in Coblenz could expect to bring in over 3,000 livres per year during the same period, and Josef von Hommer and Joseph von Grres probably more than this amount. 93 learned and universal man, our te acher and master; a venerated, holy scholar, a priest 91 in Die Familie Marx und die Trierer Judenschaft ( Trier: Karl Marx Haus Trier, 1975), 22 3; and Heinz vokatenanwalt Heinrich Marx: die Berufsausbildung eines Juristen im franzsischen Jahrbuch des Instituts fr Deutsche Geschichte 8 (1979): 126 7 92 Nolden and Mulloy, 23. 93 Etienne Franois, Koblenz im 18. Jahrhundert. Zur Sozial und Bevlkerungsstruktur einer deutschen Residenzstadt ( Gttingen: Vandenhoeck & Ruprecht, 1982), 95.


66 94 influential. Wealth could not be a critical marker among a group as near the edge of bring about any change in status as was true for the Grres family. It would take a political turnover for there to be any real possibility for improvement. The arrival of the French in 1794 meant something different to Samuel Marx family than it had to Josef von Hommer or Joseph von Grres. Samuel was only nineteen years old and probably still undergoing heavy rabbinica l training, as most rabbis of this era studied for 10 years followed by a practical internship. 95 News of the civil emancipation of French Jews in 1791 gave the Jews of Trier solid grounds for anticipating similar freedoms. However, it was not until 1797 when France officially annexed the Rhineland that such a change in status became a reality. 96 Still, being governmental intentions. Years of mistreatment and mistrust at the hands of Christians had taught Rhenish Jewish leaders to be wary of any promises of reform. In some Jewish communities in Alsace, rabbis struggled to maintain control over their 94 Manfred Schncke, ed. Karl und Heinrich Marx und ihr e Geschwister: Lebenszeugnisse, Briefe, Dokumente (Bonn: Pahl Rugenstein Verlag, 1993), 2 13. 95 Rauch, 29. 96 Christopher in Ranier Liedtke and Stepha n Wendehorts, eds., The E mancipation of Catholics, Jews and Protestants: Minorities and the N ation S tate in N ineteenth C entury Europe ( Press, 1999), 125.


67 communities as the new freedoms granted by the French Revolution gave their congregations an excuse to stop contributing or even coming to services altogether. 97 It is not evident that this battle occurred in Trier, but the Levy Marx family no doubt found positives and negatives in being governed from Paris. When the Frenc h did a census in 1801, Samuel Levy Marx lied about the ages of his oldest two sons, Samuel and Heschel, making them nineteen and seventeen respectively, shaving six years off of their actual ages. Other Jews were known to have done the same to avoid the French military draft. 98 Unlike Joseph von Grres who greeted the French probably more cautious and justifiably so. Whereas young Grres could argue blissfully in his newspaper for radical reforms, Samuel, as a future rabbi, had the concerns of an entire Jewish community to put pressure upon his decisions. He needed time to evaluate the intentions of France and their new leader, Napoleon. In the summer and fall of 1804 Napoleon visited the Rhineland as part of a grand rabbi and future head rabbi for France. Napoleon stayed in Trier from October 6 9, 1804 and may have even spent time with Samue l Marx Levy. This scenario is somewhat doubtful, however, as Marx Levy died on October 24 th 99 His twenty nine year old son was named rabbi in his place, but the younger Samuel was not made chief 97 Simon Schwarzfuchs, Napoleon, the Jews, and the Sanhedrin (Boston, Mass.: Routledge, 1979), 39. See al so Monika Grbel and Georg Mlich, eds., Jdisches Leben im Rheinland: Vom Mittelalter bis zur Gegenwart (Cologne: Bhlau, 2005) ; and Michael Zimmerman, ed., Die Geschichte der Juden im Rhineland und Westfalen (Cologne: W. Kohlhammer, 1998). 98 Schncke, 10 99 Rauch, 18 9.


68 been shoved into modernity, their rabbi along with them. The route into the future drove directly through Paris. If Paris was a stage that Josef von Hommer watched as a fascinated spectator and onto which Joseph von Grres attempted to force himself, for Samuel Marx it was the site of a command performance. Napoleon cajoled and demanded until he got his Jewish actors to do almost everything he wanted. Yet French Jews also received a great deal in the bargaining and would come away from Paris with a new s ense of future possibilities. Samuel Marx was no pawn but one who grasped the role that he was to play and attempted to take a radically different path for himself, his family, and the Jews of Trier. Paris changed Grres by disappointing him and altered view of humankind by opening his vision to all sides of mankind. Samuel Marx was different yet again because his eyes were set on the opportunity Paris set before him. Semitic, es pecially against his German speaking Jewish subjects, making whatever he offered them less than ideal. Returning from battle in January 1806, Napoleon spent time in Alsace where farmers outraged him with complaints about Jewish usury and the destruction o he attacked the issue of Jewish citizenship with such overwhelming vigor that his nations Jewish loans in German speaking areas of France. 100 He then called for a meeting of 100 Jay R. Berkovitz, Rites and Passages: The Beginnings of Modern Jewish Culture in France, 1650 1860 (Philadelphia Pa. : University of Pennsylvania Press, 2004), 121.


69 exercise of u seful arts and professions in order to replace, through honest industry, the shameful practices to which many of them have resorted from father to son over many 101 Throughout the months of meetings and debates that followed, remained firm. Untrustworthy Jews would have to earn the right to be citizens of the French empire by transforming themselves occupationally and religiously. France would forcibly assimilate them through law, education and bureaucracy into the body polit ic. Yet Jews found themselves again and again trying to prove their worthiness to the Emperor and never coming close to convincing him. The Assembly of Notables drew together 111 Jewish community leaders from throughout France and its Italian territories and began meeting in July 1806. They were asked to answer twelve questions about their commitment to French citizenship. Polygamy, divorce, intermarriage, military service, usury and the police power of rabbis the list demanded that Jews formally prove that their community ideals were not evil. It only took three weeks for the Assembly of Notables to draft their responses praising the Emperor and assuring him of their loyalty in all areas. However, Napoleon remained unconvinced and demanded further as surances of Jewish fidelity. He decided to call a second group to Paris, a Grand Sanhedrin based upon the ancient rabbinical court in Jerusalem, to make the answers to his questions into points of formal Jewish doctrine. It would have 71 members, 2/3 of whom would be rabbis. Thus 101 As quoted in Ronald Schechter, sh Assemblies, in Howard G. Brown and Judith A. Miller, eds., Taking Liberties: Problems of a New Order from the French Revolution to Napoleon ( Manchester : Manchester University Press, 2002), 147.


70 Napoleon could assure himself that the most powerful and potentially obstructive Jews had signed off on reform. 102 Yet here Napoleon made an error in judgment by presuming that Jewish communities were set up in a similar fashion t o Christian ones. a top down one in which popes, bishops and archbishops held supreme authority over vast, interlocked congregations. while important as teachers in their local com munities did not have the political and financial clout outside their tiny localities that Catholic leaders did. By calling the Grand Sanhedrin and later establishing a consistory system based in rabbinical authority, Napoleon would help establish a new power struggle within and between Jewish communities in the decades that followed. But first Napoleon had to figure out how to get rabbis to attend the Sanhedrin at all. Originally the meeting was planned for October 20, 1806 but did not actually open u ntil February 9, 1807 because qualified candidates willing to attend were difficult to locate. Much of the problem was financial. In calling the Assembly of Notables, the government ignored the financial burden it was placing on participants. It was no t until the Sanhedrin was called that they began to realize that the costs of traveling for months at a time was something delegates simply 102 Schechter, 148 9; Berkovitz, Rites and Passages, 123 34; Frederic Cople Jaher, The Jews and the Nation: Revolution, Emancipation, State Formation, and the Liberal Paradigm in America and France (Princeton N.J. : Princeton University Press, 2002), 122. See also Jay R. Berkov itz, The Shaping of Jewish Iden tity in Nineteenth Century France (Detroit Mich. : Wayne State University Press, 1989); Beth Hatefutsoth, the Nahum Goldmann Museum of the Jewish Diaspora, The Turning Point: The Jews of France during the Revolution and the Napoleonic Era (Tel Aviv: Beth H atefutsoth, 1981); Bernhard Blumenkranz, and Albert Soboul, eds., Les Juifs et la Rvolution franaise: Problmes et Aspirations (Paris: Commission franais des archives juives, 1989); Jean consquences: tat de la qu Jean Marc Chouraqui, Patrick Girard, Nancy Green, L on Rosen and Andr Kaspi, eds., (Paris: Hamor, 1989), 78 106; and Scott Glotzer, Napoleon, the Jews, and the Construction of Mode rn Citizenship in Early Nineteenth Century France ( Ph.D. diss., Rutgers University, 1997 ).


71 could not bear alone. However, instead of paying out of his own coffers, Napoleon demanded that the Jewish communit ies themselves pay for their delegates. 103 In Trier this burden was particularly evident. The local prefect, Maximilian Xavier Kepler, who was already suspicious of the morality of the deputies that he was sending, discovered that it was extremely difficul t to collect the funds quickly enough, or even afterwards. In the end he was only able to pay the delegates about 200 francs per month, though in theory they were allowed to spend 500 francs per month. Though delegates from other departments spend more, the Saar department ended up with the biggest deficit. 104 Whether Samuel Marx attended the Sanhedrin in Paris reluctantly or happily is impossible to ascertain. In his early 30s, Samuel was older than either Josef von Hommer or Joseph von Grres when they v isited the French capital. Yet for a poor Jew from a small, isolated community going to Paris was probably even a bigger step than it had been for Hommer or Grres. As a young rabbi new to actual responsibility, he no doubt depended heavily on support fr om his local community to make the trip. There is some evidence that Samuel was at least minimally happy to be going. Reports from the departmental prefect indicated that Samuel actually left for Paris for the first scheduled meeting in October. It is d ifficult to say whether he waited until the actual Sanhedrin meeting in February or returned home in between. His later expense statement was 103 Schwartzfuchs, 89 90 + 183 6. 104 Cilli Kasper Holtkotte, Jdischer Kultus in napoleonischer Zeit: Aufbau und Organisation der Konsitorialbezirke Krefeld, Koblenz/Bonn, Mainz und Trier ( Vienna: Bohlau Verlag, 1997), 281 90 ; and Robert Anchel, Napolon et les Juifs (Paris: Presses Universitaires de France, 1928), 151.


72 only for five months, while one of his fellow representatives from the area requested funds for nine months. 105 Par is, too, had changed considerably since a disappointed Grres had left seven years previously. In 1807 Napoleon was near the height of his power and had begun some much the city w as a lack of water and proper sanitation, but a new 100 kilometer canal being dug from the River Ourcq would soon improve the situation. The Emperor also widened avenues, added numerous new bridges, arches, statues, fountains, and covered markets. Howeve money to carry through on his ideas completely. War and its attendant costs soon rose again to the top of his agenda, and much work was left for later generations to complete. The emper Napoleon began with a series of grand arcades, inspired by the ancients, to open the boulevard and improve traffic circulation. He did not get far, however medieval streets started again near the Htel de Ville, and it would be decades before the boulevard was opened completely. Yet though the city still did not have proper lighting or roads, it was recovering and would no doubt have presented a more confident face to Samuel Marx t han the exhausted city Grres visited at the turn of the century. 106 Both the Assembly of Notables and the Grand Sanhedrin met in the H tel de Ville in a small, secularized chapel dedicated to St. John located near the back of the 105 Kasper Holtkotte 265 + 283. 106 Horne, 166 9 + 183 6; Hussey, 214 6; Bouwers, 91 3 + 100, Papayanis, 46 9, 60, + 149 50.


73 complex. Though the locati on was originally selected rather hastily, 107 it highlighted much of what Napoleon hoped to accomplish: to simultaneously impress and demean. political center, the city ha ll where so much important history had taken place over the last several decades. Since 1357, the Htel de Ville served as the meeting place for the bureau de ville the elected officials of the bourgeois of Paris, for receiving members of the royal famil y and visiting dignitaries, as well as for keeping city election registers, city seals and militia weapons. During the events of August 10, 1792, the Htel de Ville was under siege and was where Robespierre and his followers were arrested at the end of th e Terror. It would be the future location of much turmoil in 1830, 1848 and 1870 1. Yet Jews were not to be completely welcomed at its doors. The Sanhedrin remained at entra nce. 108 Seating arrangements recalled the ancient Sanhedrin, organized in a semi circular fashion with the chairman at the center, the oldest rabbi member next to him, followed by the next oldest with the lay representatives following in a similar order As the youngest rabbi, Samuel Marx sat between Italian rabbi Jacob Carmi and Parisian layman Saul Crmieux. Dress was also carefully regulated to make the occasion more auspicious: entirely black dress, black silk overcoat, white rabat for rabbis (simila r to that worn by Catholic clergy), and tri cornered hat. At the opening of each meeting, leaders also wore ceremonial swords and were given special military honors. Napoleon 107 Schwartzfuchs, 54. 108 Ranum, 29; Sdillot, 204; Jones, 297, 325; and McCullough, 185, 259 60, 284 6, + 322.


74 placed a guard of honor outside the meeting hall and ordered that guards salute Sanhedrin participants when they saw them on the street. 109 The Emperor recognized that auspicious display could awe deputies into doing as he wished. Yet he meticulously arranged things to make sure that station was firmly maintained. Jewish attendees w ere important but never overly so this presentation was all about the grandeur of its director. Whether or not Samuel Marx recognized exactly what Napoleon was doing is impossible to discern, but he probably welcomed the opportunity to feel important. Jewish deputies and Napoleon engaged in some intriguing back scratching with both getting something that they needed praise and power. Though the youngest rabbinical member Samuel Marx had some connections with some of the leaders of the Sanhedrin that would have given him a sense of influence. The chairman of the Sanhedrin was David Sintzheim, chief rabbi in Strasbourg, and recent successor to Cerf Berr, father in law and recognized leader of the Alsatian Ashkenazi Jews of eastern France. There is some dispute as to whether Sintzheim was born in Trier, but he would no doubt have been someone with whom Samuel Marx would have been quite familiar. Even closer to Marx was Emanuel 110 Th ough far from home 109 Rene Neher Ber nheim and Elisabeth Revel Sanhedrin Bernhard Blum enkranz and Albert Soboul, eds., Le Grand Sanhdrin de Napolon ( Toulouse: E. Privat, 1979), 132 5; Schwartzfuchs, 91; Kasper Holtkotte, 279 + 492; Co ple Jaher, 107 + Revue des etudes juives 83 (1927): 1 21. This article also discusses the impact of the S anhedrin on Jews beyond Paris. For another discussion of foreign Jews attending the Sanhedrin see Daniela Gallingani, ed., Napoleone e gli e di Iacopo Carmi introdotte da Andrea Balletti (Bologna: Biblioteca e uropea della Rivol uzione Francese, 1991). 110 Bernhard Blum enkranz and Albert Soboul, eds., Le Grand Sanhdrin de Napolon ( Toulouse: E. Privat 1979), 119 27; Ren Gutman, ed., Le document fondateur du Judasme franais: Les dcisions doctrinales du Grand Sanhdrin, 1806 1807: (Strasbourg: Presses universitaires de Strasbourg, 200 0), 151; Schwartzfuchs, 90; and Cople Jaher, 123.


75 and no doubt overwhelmed by a distinctly different Parisian scene, Samuel Marx could be comforted by being among his fellow Jews, just as Joseph von Grres had welcomed the company of fellow Germans while traveling. In some ways the San hedrin acted as a glue drawing Jews together as a group across large distances and into a the exact opposite of what Napoleon desired. Napoleon would probably have seen such camaraderie as a plus since he would act as a father to his Jew important facts: Sanhedrin Jews had a vastly different perspective of their meeting and the anti Semitism that the Emperor engendered forcefully blockaded any real integration Napoleon did not set up the Sanhedrin with any possibility for real debate. They met only twice a week over the course of five weeks. Each question that they were to answer was formally presented and then members had eight days in which to submit writt 111 overbearing control did not mean that the Jewish representatives did not find room to make t heir opinions clear. As wi ll be discussed in C hapter 6 the issue of mixed marriages was a particularly challenging one in which compromise was not easy to achieve. Also, Ronald Schechter has argued that the Jewish representatives of the Assembly and the Sanhedrin angrily refuted long standing prejudices against them by See also Simeon J. Maslin, An Analysis and Translation of Selected Documents of Napoleonic Jewry (Cincinnati Ohio : Hebrew Union College Jewish Institute of Reli gion, 1957); and Richard Ayoun, ed., Les Juif 1812) documents, bibliographie et annotations 111 Schwartzfuchs, 91.


76 claiming that they lived by a perfect law code, the Mosaic code given by God himself. They did not deny Napoleon the role of regenerator of the Jewish people, but they were not willing to grant him the position of consummate creator of law. 112 speech at the end of the Sanhedrin was typical. recapturing its antique splendor, and the miraculous bush of our divine legislator burns with a 113 authority were rewritten. First, Napoleon the lawgiver was only the granter of ultimately imperfect human law, not heavenly statue. Second, if the Emperor wished to recall the ancient glory of Rome or Israel, he had to also remember that the ancient world was also made up of complex societies in which there were multiple claimants to authority, political and religious. Whether or not Samuel came away from the Sanhedrin meeting with any sense of empowerment founded in Jewish antiquity is frustratingly difficult to determine without any personal narrative. His actions, however, speak volumes about a slowly burgeoning confidence in or at least acceptance of the infiltration of mo dernity into the Jewish community. A few months after Samuel returned, on the 16 th of August 1807, The local newspaper reported: On the 16 th of August at 9 in the morning the Israelites of th e town of Trier freedom, and as it was the birthday of the glorious Emperor Napoleon the whole synagogue was lit up and decorated. After that a fitting, newly composed canto was sung with music; in between the rabbi led the assembled Israelites in praying certain psalms. Many times, as soon as the 112 Schechter, 152 62. 113 Gutman, 91.


77 director suggested it, all of the assembled cried out: Long live, Emperor Napoleon! Long live, Empress Josephine! The rabbi also preached a fi tting sermon in honor of the Emperor; and at the same time cheerfully urged Jewish youth to learn trades, farming, and the sciences. 114 Though the majority of French synagogues held similar celebrations at the same time out of political correctness and necessity, Samuel had obviously come to terms with new realities. several years. In late 1808 the Emperor officially established a new religious bureaucracy to govern Jewish congre gations. It was based upon a consistory system that had already been established for Protestants. Originally thirteen consistories were established throughout the French empire, each theoretically controlling around 2,000 Jewish residents. Trier was hom e to a consistory overseeing about 3,500 Jews from the Saare, Forts and Sambre Meuse departments and was headed by Samuel Marx and three other trustworthy lay members selected by the government. The consistories had a large number of responsibilities: ma ke sure that all rabbis preached based upon the rulings of the Sanhedrin, take care of all community finances and education efforts, encourage Jews to take up useful professions and serve patriotically in the army, and report any suspicious activity direct ly to proper authorities. The increased bureaucracy of the consistorial system was no doubt difficult for the Trier community and its rabbi to manage. On several occasions, Samuel Marx requested that some of his duties be 114 Schncke, 29. See also Kasper Holtkotte, 280.


78 spread out among other rabbis so the costs and time commitment would not fall just on him and his congregation. 115 The Trier consistory quickly and vigorously began working towards these new goals. As head of the group, Samuel Marx was no doubt heavily involved in its publications and the views. In 1808 the Trier consistory sent an open, passionate letter to its members that recognized both the tragic Jewish past and the possibilities of the future. One let s us sink into the d eepest low level in order to be entitled to degrade us. The reproach of laziness, usury and absence of society spirit that one made against us was only a stinging mockery of our pitiful state. Then one gives us rightly another path than to choose a long and painful death or a miserable and dishonorable life? Finally the heavens awake, a magnanimous and human nation stirred with sympathy for the destroyed ruins of Israel. They picked us up into their laps 116 Yet this opportunity for new life was not something merely handed to Jews they had to reach, grab it and use it to its fullest potential. They were the ultimate arbiters of their own fate. Israelites, residents of the city! See how the sciences, arts, and trade s bloom. May this example fire you up to noble emulation! Let the future vindicate your past performances and serve eternal accusations against those who believed that the name Israelite incompatible with a useful human being. Let your children in their a bilities attend schools and Israelites, residents of this nation! The earth offers her motherly lap she 115 Susanne Zittartz Web er, Zwischen Religion und Staat: Die jdischen Gemeinden in der preuischen Rheinprovinz, 1815 1871 (Essen: Klartext Verlag, 2003), 52; Cople Jaher, 117 9; Berkowitz, 138 40; Kasper Holtkotte, 307 8 + 316. 116 Consistoire de la synagoguede Trves, Le Consist oire de Trves, aux habitans de las circonscription, professant la Religion mosaque. Das Consistorium zu Trier an die Einwohner seines Bezirks, welche sich zur Mosaischen Religion bekennen ([S.l.], 1808), 1 2.


79 say that this way is boring; it requires much time until t his regulation bears fruit; the moment finally is pressing. But do not lose courage over this. It is true that the outer sacrifices are necessary. It is true that years will pass before the fruits ripen. Still these fruits will finally ripen, so you will find them tastier and larger because they will have cost you effort and self abnegation. 117 Attending the Sanhedrin had at least in part awakened him to a world beyond Trier, an d he firmly committed himself to guiding his congregation on a similar path. The city was now intertwined with the nation, Jews with Christian brothers, and new careers with old religion. Marx never forgot the challenges that Jews would face in changing attitudes and altering the way in which they had lived for centuries. Yet his optimism here is omnipresent. If a Jewish rabbi could go to Paris to help guide the great could take the opportunity they were being granted and use it to remake themselves and their society. Napoleon could remain a star for Jews to follow, but without their own brave acceptance of a new world emanating from Paris nothing would happen. What i commitment to change. Rabbis throughout the French empire no doubt exhorted their congregations to try new career paths and show their worthiness as French citizens. Indeed, Napoleon exp ected nothing less in calling the Sanhedrin in the first place. Samuel Marx, however, willingly put his own family forward as pioneers in new professions. His own sons, Marcus and Moses were born in 1812 and 1815, well after the height of Nap oleonic refo rm. Still, Marcus worked the earth as a gardener while 117 Ibid., 4 5. Local French leaders also pushed Jews toward taking up trades. For more on these efforts see Anchel, 334.


80 Moses became a teacher. Even more intere His youngest brother Jakobus took a more traditional path and became a Jewish businessman. Jakobus, however, was much less unde was only four when his father died and accompanied his mother Eva when she got two brothers, Heschel and Cerf, acted much more boldly in the ir career decisions. Heschel first served as a translator in the French courts and then took his law degree even more obvious. Samuel was the only one of the Parisian vi sitors discussed here to return to the city. In 1813 he accompanied Cerf back to Paris to apprentice his twenty three year old brother to a watchmaker there. 118 examined in more depth later, but what is interesting here inspiration in their career choices. Samuel did not merely suggest to his congregations that it was time to begin reforming themselves. He led through the example of his brothers. However, from the very beginning these changes were quite difficult and involved rewriting who the Marx family was. The most obvious example of this was the changing of the family name. When Samuel attended the meeting of the Sanhedrin in Paris, his name was recorded as Samul Marx Lvi. 119 Napoleon, however, as part of integration efforts, decreed on July 20, 1808 that Jews would no longer be able to carry confusing 118 Schncke, 20 33, 430 4, + 475 6. 119 Gutman, 84.


81 double last names or last names that specifically referenced the Old Testament. 120 Thus, in early October of that same year Samuel officially changed the names of himself and his siblings to Marx. Whether this move was painful or merely practical for the Marxes is impossible to discern, but its symbolic impact was far reaching. Family members were now French citizens on paper, not Jewish foreigners wandering far from home. Yet citizenship for Jews in the French Empire remained remarkably illusory and fragmented. However much Samuel Marx accepted and worked toward community regeneration, he c ould never ignore the roadblocks prejudice placed in his path. Napoleon himself erected the most important of these challenges because he did not trust Jews to reform themselves. Only a year after the Sanhedrin ended, on March 17, 1808, the Emperor issue d the Dcret Infame It demanded that for the following decade Jews wishing to engage in business obtain commercial licenses from local authorities, restricted their ability to relocate and kept them from buying army replacements for themselves like other Frenchmen could. Though Jews in other regions of France soon found ways around these restrictions, the German Jews of Alsace and the Rhineland could not. Conditions clearly worsened for Jews like Samuel Marx as they discovered that in order to obtain th eir rights they would have to prove themselves through a decade of good behavior. In 1810, some Trier Jews attempted to get exempted from the new decree, but they were told firmly by the prefect that he would not rule on individual cases. 121 As Frances Mal ino has aptly described, 120 Cople Jaher, 129. 121 Ibid., 127 8; and Anchel, 390.


82 Napoleon had inextricably linked their emancipation to a regeneration demanded only of them. In so doing he had interwoven ancien rgime ambivalence and suspicion of Jews with revolutionary universalism, religious freedom and the application of the constitution to all residents of France. Put somewhat differently, Napoleon ensured the preservation in Jew. 122 nfused Jews trying to do what he wanted. Yet the Marx family must have been confident enough in their eventual emancipation both Heschel and Cerf Marx began their professional training well after this decree was issued in 1808. Dampened enthusiasm was still enthusiasm and that Arnold Ruge, nineteenth century German philosopher and acquaintance of Karl i ntelligence and independence of a man in Germany by his appreciation for 123 formed and has its ev 124 Paris was even more important on this path to self discovery, according to Ruge. These views certainly hold true, at least in part, for Josef von Hommer, Joseph von Grres, and Samuel Marx. All of them had their eyes opened by pilgrima ges to Paris and uncovered new ways of thinking about themselves and their communities. Paris may indeed have made them more independent in their 122 ke and Stephan Wendehorts, eds., The E mancipation of Catholics, Jews and P rotestants: Minorities and the Nation S t ate in Nineteenth C entury Europe (Manchester: Manchester University Press, 1999), 89. 123 As qtd. in Kramer, 18. 124 Ibid., 122 3.


83 views, especially their political ones, because it was the scene of so much action and experimentation. One can also see considerable change over time in comparing these visits. Whereas Paris was open to a wide variety of political debates when Hommer visited, by authority. It c deliberations and even control how Marx responded at all. Paris may have become a great laboratory but the city, especially under Napoleon, successfully made sure that most experim ents performed there did not blow up. Yet for all its real and imagined power, Paris was not the ultimate cultural arbiter for any of the visitors discussed here. For one, as much as Hommer, Grres, and Marx appreciated the city, they were also disappoint ed by it. Neither Hommer nor Grres came away from Paris with a particularly positive impression. Though Marx may have heavily urged reform in his own community based upon his Paris experience, he was not blind to the prejudice being offered alongside th e new opportunity. The city was a mixture of positive and negative, of the dove and the snake. Paris could not live up to the fantasy established around it because it was not always willing to listen to the voices of its spectators. These individuals, n ot corporate culture, would be the decisive decision makers as to how Paris would reshape them. In other words, what happened in Paris was not as important as what happened next. Visiting Paris could inspire or shock, reshape mentalities, but only in way s that fit within a framework established by the past, to be recast again in the future. Thus Paris as the


84 center had to remain in partnership with its peripheries, with those who frequented it and helped rewrite what it was from a distance.


85 CHA PTER 3 OTHER HOUSES WERE BU LISM IN THE RHINELAND, 17 95 1818 A curious document appeared in the Rhin et Moselle department in the summer of 1805 that soon had the eyes of French imperial censors. The Fatherland Paperback of Friends of the Good and Beautiful for Discussion and Instruction was a joint project of two regional printers, Fra nz von Lassaulx of Coblenz and of Ludwig Christian Kehr of Kreuznach. Franz von Lassaulx was the brother in law of Joseph von G rres The censors confiscat ed some pages of the work on July 24, 1805 and though they did not ban it, they were obviously concerned about its content. 1 On the surface, the work was cultural in nature. The authors intended to create a possible forum for future intellectual exchange between French and German elements of the empire. The Rhin et Moselle department was an excellent location for such an endeavor because it lay directly on by water between two opposed nations. Yet the political undertones of the Fatherland Paperback were also quite clear. German philosophical traditions had much to teach the French about the nature of humankind, civic virtue, and freedom. Implementation of German ideals would greatly enhance French society. Also readily evident was the fact Even more suspicious was a short, thinly veiled, anonymous political satire within the work. between two wealthy neighbors, Frank (France) and Hermann (Germany/Prussia). 1 Leo Just, Franz von Lassaulx : ein Stuck rheinischer Lebens und Bildungsgeschichte im Zeitalter der grossen Revolution und Napoleons (Bonn: A. Marcus & E. Weber, 1926), 130 1.


86 When war erupts between his two neighbors (after Frank has attacked his own 2 children begin arguing over whet her they should rebuild their house in the style that refuse to leave. Fighting 3 D suggests starting from scratch because of the poison that Frank and Hermann have introduced. He argues, [do it] alone before everything is ripped apart, those who wanted and could build ag ain united well over the plan possible so that foreigners never will know your situation, your needs and your financial situation well enough to do e nough to your expectations. 4 The characters and story that Lassaulx created highlight beautifully the complicated relationship of the Rhineland with its two bigger, often bullying neighbors. It also gave a clear solution to the problems presented by the F rench Revolution: answers would not come from Paris but from how Rhinelanders responded in crafting their own destinies. 2 Lassaulx as qtd. in Just, 150. 3 Just, 150 1. 4 Lassaulx as qtd. in Just, 151.


87 Whether or not the Rhineland would be allowed to play a role in its future, did not match the reality The last years of the Der Rbezahl described the ir tenuous situation : controlled, in which we now float. Torn off by force from Germany, not adopted by France, our condition is helpless and orphaned. In the center between two nati ons, from both distant and nevertheless not independent, 5 By 1805 the Rhineland was a recognized part of France itself. 6 Eventually, Lassaulx and his fellow Rhinelanders would come to accept Fran to embrace many of the radical reforms introduced by Napoleon. Yet the process was slow with no clearly defined moment of transformation. The Rhineland was a dangerous place in the eyes of its French administrators, one that could no t fully be trusted without careful reeducation. However, Napoleon and his bureaucrats soon recognized that without the help of those they came to rule they could achieve nothing. In the end, Lassaulx was correct: with Rhenish hands, even if its design would remain French for now. How the incorporation of the Rhineland into France occurred on the individual level is at the heart of this chapter. It will examine the integration of two key arenas, the geographic an d the national to make sense of a shifting dialogue between the emperor 5 As qtd. in Walter Grab, Ein Volk mu seine Freiheit selbst erobern. Zur Geschichte der deutschen Jakobiner ( Frankfurt: Buchergilde Gutenberg, 1984), 271. 6 There were four main Rhenish departments during the Napoleonic era: Roer, Mont Tonnerre, Sarre, and Rhin et Moselle. Trier was capital o f the Sarre department and Coblenz was capital of Rhin et Moselle. As stated in the introduction, references to the Rhineland focus on the Trier Coblenz region. This chapter focuses upon Rhin et Moselle.


88 and his distant subjects. The impact of living on a border altered the perceptions of Josef von Hommer, Joseph von Grres, and Franz von Lassaulx. Which changes they agreed to accep t and which they did not were quite individual decisions, yet ones that they had no choice but to make because of where they resided. What is m ost obvious is that as time passed they all became increasingly aware of their own national identities. Such a realization meant that they were now more than mere subjects but active participants in shaping what they envisioned their national culture to be whether French, German, or something completely different. A brief discussion of vocabulary is necessary be fore beginning. There are few terms in social science research today as ubiquitous as borders and its multiple synonyms. Anthropologists refer to frontiers, linguists to liminality, political scientists to peripheries, and historians to all of the above. Scholars use the notion of borders to describe individuals battling restrictive social structures, governments redefining their sovereignty vis vis other nation states, and scientists expanding knowledge with new discoveries. What is perhaps puzzling, however, is our incomplete understanding of people actually living along the boundary lines between nation states. While certain infamous borders like that which divided Germany or that which still separates Korea highlight the many tensions borders can create, we have until now only rarely studied those most affected by them. We implicitly recognize that such individuals inhabit an ambiguous state at best, one that simultaneously excludes and embraces those who live across the arbitrary lines establishe d by nations. We have not, however, taken the time to try to unravel the many opposing forces that underlie such an existence.


89 Studies based in sociology have pointed out the necessity of borders in how ry society produces a space, its own 7 and asserts that boundaries are a necessary element of a space that exists in conjunction with other places that a society must label. duly demarcated and oriented, implies a sup erimposition of certain relations upon 8 It is easy to agree with such a claim, as it is obvious that borders of some form have existed since the beginning of civilization. For instance, in the centuries leading up to the French Revolution, physical and mental borders were omnipresent througho ut society as travellers crossed them to discover new worlds and simply move from town to town. Yet, Maria Boes has pointed out, the role of borders simultaneous interes t in map making led to an increased demarcation of we versus they, of what was foreign and what was not. 9 The French Revolution altered the meaning of borders yet again. Lefebvre paints revolutionary moments as ones in which 10 became real an d space was reorganized. from the moment any action introduces the rational into the real, from the outside, by means of tools which strike, slice and cut and keep doing so until the purpose of their 7 Henri Lefebvre, The Production of Space trans. D onald Nicholson Smith (Cambridge, Mass. : Wiley Blackwell, 1992), 14. 8 Ibid., 193. Periphery and System Boundary: Culturological Jean Gottman, ed., Centre and Periphery: Spatial Variations in Politics ( Beverly Hills Calif.: Sage Publications, 1980). 9 Thomas Betteridge, ed., Borders and Tr avellers in Early Modern Europe (Burlington, Vt. : Ashgate, 2007), 89 93. 10 Lefebvre, 289.


90 11 Demarcation of firmer boundary lines was a critical part of this process. The ferocity of revolution played itself out in the placement of firmer borders between nations and those residing in such areas naturally felt such aggression more intensely. M a ny political scientists and historians have also creatively examined how borders are used politically However, many of them have focused not on the violence of borders but on how to arbitrarily establish ed borders help visualize that is the nation state. Cartography, along with censuses and museums, made formally loose associations more tangible, according to Benedict Anderson. This thinking was a totalizing classificatory grid, which could be applied with endless flexibility t peoples, regions, religions, languages, products, monuments, and so forth. The effect of the grid was always to be able to say of anything that it was this, not that; it belonged here, not there. 12 Thus borders offered to nation ownership and provided them with evidence in asserting national sovereignty. Yet upon closer examination, such claims of immutability rapidly disintegrate. In the wa ke of the breakdown of Cold War borders, more recent political science scholarship has begun 13 This lack of hegemony was equally evident in a peri od like the 11 Ibid. 12 Benedict Anderson, Imagined Communities: Reflections on the Origins and Spread of Nationalism revised ed. (New York: Verso, 2006), 184. See also Malcolm Anderson, Frontiers: Territory and State Formation in the Modern World (Ca mbridge UK : Polity Press, 1996) ; and Barbara Young Welke, Law and the Borders of Belonging in the Long Nineteenth Century United States (Cambridge : Cambridge University Press, 2010). 13 See Paul Ganster, Alan Sweedler, James Scott, Wolf Dieter Eberwein ed s., Borders and Border Regions in Europe and North America (San Diego Calif. : San Diego State University Press and Institute for Regional Studies of the Californias, 1997).


91 Napoleonic era that was just inventing firmer bureaucratic controls. By examining how this grid was placed upon communities at the moment of its conception, one can readily grasp its strengths and weaknesses. Anthropology has also provided rich insights into how border populations function. Hastings Donnan and Thomas Wilson have been particularly helpful in expanding their research on the Irish border to conclusions about the rest of the world. They recognize that border communities act as vessels that both take in and pour out nationalism. border communities are not simply the passive beneficiaries or victims of world state craft. They are often major agents of change in socio political processes of 14 They adopt the approach of another anthropologist, Oscar Martnez, who has examined the US Mexic o border. He suggests several phenomena that delineate border communities from their parent nation due to cultural differences, and an overriding sense of ethnic 15 These characteristics were quite clear in Trier and Coblenz as France and Germany began m aking themselves into modern nations through their borders. 14 Hastings Donnan and Thomas M. Wilson, eds., Border Approaches: Anthropological Perspectives on Frontiers (New York: University Press of America, 1994), 2. See also Fredrik Barth, ed., Ethnic Groups and Boundaries: The Social Organization of Cultural Diffe rence (Prospect Heights, Ill : Waveland Press, 2000). 15 As discussed in Hastings Donnan and Thomas M. Wilson, Borders: Frontiers of Identity, Nation and State (New York: Berg, 1999 ), 5. See also Benjamin Heber Johnson and Andrew R. Graybill, eds., Bridging National Borders in North America: Transnational and Comparative Histories (Durham N.C. : Duke University Press, 2010).


92 Until fairly recently few historians have attempted to apply such interesting concepts to places in the past to test their validity. As Michiel Baud and Willem van Schendel have pointed out, the history of borderlands needs to be studied comparatively across time and space from the perspective of the periphery in order to 16 of these regions. Politics, economics, language and culture are all understood d ifferently along borders than elsewhere. Peter s work on the development of French and Spanish national identities along the border in the Pyrenees has been among the most helpful studies. He examines a stable border that slowly developed from a jurisdictional boundary to a national one between the seventeenth and nineteenth centuries. He highlights how social groups from both sides used the language of nation to promote regional concerns on a national erests in national terms, both peasants and nobles brought the nation into the village, just as they placed themselves within the 17 Sahlins follows a rather broad line of reasoning here: local and national interests coexist in a symbiotic relation ship that makes it difficult to firmly define either. One wonders, however, whether Sahlins really is able to explore the depths of the relationship between local and national after claiming that they are really one and the same. Can one easily point to a moment at which the localized becomes national? He also glosses over some of the real tensions inherent with such jockeying for position and the possibility that some borders are much more disputed than others. The 16 Michiel Baud and Willem van Schendel, Journal of World History 8, no. 2 (1997): 212. T his article also does a nice job summarizing much of the recent social science descriptions and definitions of borderlands. 17 Peter Sahlins, Boundaries: The Making of France and Spain in the Pyrenees (Berkeley Calif. : University of California Press, 1989) 165.


93 French/German border was not only mor e contested during the nineteenth century, it was also home to much greater social and religious diversity than the one that Sahlins Germans also had a different conceptu alization of what nationalism might mean. However, historians working on German nationalism and the French/German border have come to many of the same conclusions as Sahlins. Michael Rowe takes a political approach, arguing that one cannot merely look at the end result of German unification but need to understand the role of the local in that process. The eventual outcome never appears in doubt, despite resistance and continuities that persist several generations before succumbing. Yet, such an accou ignores that politics in Germany at least remained primarily local until the late nineteenth century. It ascribes to the locality the status of victim. It fails to recognise that historically peripheries have often ended up dominating the centre and they produce the small sparks that start great fires, to paraphrase Braudel. 18 local and national in similar terms or that everything was not decided from the political center misses some of the complicated nuances of the story. divided an idea in the early nineteenth century to mean the same thing to different people. 18 Michael Rowe, From Reich to State: The Rhineland in the Revolutionary Age, 1780 1830 ( Cambridge : Cambridge University Press, 2003), 1 2. For more on the Rhineland as border see Karen Denni, Rheinberschreitungen, Grenzberwindungen : die deutsch franzsische Grenze und ihre Rheinbrcken (1861 2006) (Constance: UVK Verlagsgesellschaft, 2008); Manfred Koltes, Das Rheinland zwischen Frankreich und Preuen. Studien zu Kontinuitt und Wandel am Beginn der preuischen Herrschaft (1814 1822 ) ( Ph.D. d iss., Cologne, 1992); John Trumpbour, ed., The Dividing Rhine: Politics and Society in Contemporary France and Germany napolonienne: : tudes de Roger Dufraisse runies l'occassion de son 70e anniversaire (Bonn/Berlin: Bouvier Verlag, 1992)


94 Only by a more careful inve stigation that compares the experiences of individuals can we arrive at a clearer understanding as to how border regions helped create German nationalism. Celia Applegate, in her important work on the Palatinate (slightly below Trier and Coblenz), suggest s just such possibilities. She studies how Germans, beginning with the French Revolution, have labeled and celebrated the interconnected nature of nation and province, state and local, as a love of heimat Although she recognizes the importance of the po litical battle between bureaucracy being imposed from above and local struggles for autonomy, she argues that we need to move beyond these issues to how nationalism might be understood emotionally. In her view, there is a one becomes 19 However, Ap complexity of individual stories. Not only is each interpretation different, but personal views also shift focus when faced with new challenges. Thus it is within these vari ed stories that borders and the nation are birthed and begin to take shape. A recent volume of essays on individuals experiencing borders, Nexus of Empire: Negotiating Loyalty and Identity in the Revolut ionary Borderlands, 1760s 1820s highlights how borde rland loyalties were navigated in the southern United States. Though the tales are quite varied, several important themes emerge. The first is that individuals living on borders had more freedom than others at different times and places 19 Celia Applegate, A Nation of Provincials: The German Idea of Heimat (Berkeley Calif. : University of California Press, 1990), 12.


95 in formulating th e direction that they wanted their lives to go because usual governing structures and value systems were weaker. Thus, In effect, individuals by choice or by necessity often showed themselves both willing and able to modify their identities and loyalties. Nationality was only one of the components of a personal sense of identity, and individuals might consider changing it voluntarily for many different reasons, usually connected with expectations of personal gain or self interest of some sort. However, f or governments and communities, national identity and then, became the practical side of national identity, or the rational expression of patriotic solidarity. 20 So individuals and com munities negotiated a delicate balance of shifting alliances in which both sides played important roles in how new identities developed. Also, national loyalty could easily be compromised by familial bonds, friendships, or just basic survival concerns. 21 a natural affection toward the land and social relations that, together, provided the physical and human 22 in areas of greater cul tural diversity was a difficult dilemma. Certainly the Rhineland did not have anywhere near the diversity of New Orleans or the Florida Gulf Coast in 1800. Nor was the region as disconnected from political authority as the American frontier. However, th border, allowed both groups to view national identity in a somewhat similar fashion. 20 Gene Allen Smith and Sylvia Hilton, eds. Nexus of Empire: Negotiating Loyalty and Identity in the Revolutionary Borderlands, 1760s 1820s (Gainesville Fla. : University Press of Florida, 2010), 5 6. 21 Ibid. 22 Mississippi Valley, 1776 1803 n Smith and Sylvia Hilton, eds. Nexus of Empire: Negotiating Loyalty and Identity in the Revolutionary Borderlands, 1760s 1820s (Gainesville Fla. : University Press of Florida, 2010), 19.


96 Though Josef von Hommer dismissed the idea that the French Revolution had a large ef fect upon h is viewpoints, his commentary highlighted that sense of unpredictability and contained clear political overtones. The succeeding events had no real immediate impact on me. But the beginning of the French Revolution signified that all the polit ical rights and all principles that had up until then governed the people were destroyed and changed, that a new order would be introduced in all Europe. So too everything that included me and my way of life changed. Whoever adheres himself totally to on e party and sets oneself up in opposition in the flood that exists at the time either has to stop being who he is or expose himself to persecution. I stayed true to my inner direction and could luckily walk the middle path between two extremes. So God pr eserved me so that I must attribute His gifts to the almighty God. 23 Von Hommer saw himself as a moderate, one who found his way through the arguments swirling about him by never becoming overly passionate or committed to one side or the other. This reacti on, of course, is one easily understood in terms of borders. Friedlieb, discovered, how ever, that such a balanced existence was far from easy because the two opposing sides would not leave him alone. Von Hommer would have similar problems, despite his protestations to the contrary. The tensions of border living regularly forced him from th e sidelines even as he attempted to fade into the made decisions in favor of one or the other, even if he did not fully recognize that he was doing so. 23 Josef von Hommer, Josef von Hommer, 1760 1836: Meditationes in Vi tam Meam Peractam, Eine Selbstbiographie ed. and tra ns. Alois Thomas (Mainz: Selbst verlag der Gesellschaft fr Mittelrheinische Kirchengeschichte, 1976), 139.


97 If visiting Pari s shook up the sensibilities of Josef von Hommer, the coming of the French to Coblenz catapulted him into a new world and forced him to reimagine his future. In the early years of the Revolution, Hommer attained his first position of real power in the Chu rch when he was named Syndikus or secretary, for the religious Stand in the lower Trier archbishopric. The archbishopric had four Syndikus religious and secular ones for the upper and lower divisions of the diocese. The position paid von Hommer 300 400 Reichsthalern per year, a much The Stnde representatives convened once a year in a general assembly, with smaller committees meeting on a more regular basis to complete the s. Thus as Syndikus Josef von Hommer was heavily involved in government affairs, including negotiating with the French when they first appeared in the Rhineland in 1792. 24 The second, much more permanent, arrival of the French in 1794, had a much greater i by German supporters of the revolution (led by Grres, Lassaulx, and their instructors at the gymnasium) increased, causing tension and confusion. Archbishop Wenzeslaus again fled treasury. Among those making s security. Josef, however, stayed behind and watched as French troops entered the city in October. His first impressions were a mixture of fear and pity. 24 Ibid., 138 + 393. t von Lassaulx


98 [French soldiers] were very poor, without shoes or stockings. They had ripped clothes and nothing to eat. On the first evening, as the French occupied the city gates and guard stations, one of the soldiers on watch came to our house which was not far from a city gate to beg us for bread out of hunger. He was happy with half a loaf. 25 Over the next f ew months, friction over what the French might try to take dominated daily life. Concerned that the French would seize his property, Peter soon returned home for a short interval. Josef von Hommer briefly impris oned after the French demanded a rare ninth century parchment with a cover encrusted with gold and gems. The French angrily discovered that the precious document had already been sent across the Rhine for safekeeping. Though the French eventually accepte d that they could not have what they wanted, the eight days Hommer spent under house arrest were anxious ones. 26 It took some time for Josef life to settle into something not driven by concern over the immediate future, but the border helped d efine the path that he would take. In the early days of the French occupation, the border was quite porous, almost to the point of not really being there. Even three years after the French had entered Coblenz, von Hommer could still travel twice weekly a cross to Ehrenbreitstein, the western side of the river. Yet gradually, perhaps almost imperceptibly, the French grip tightened as peace became more permanent, forcing Josef von Hommer and other members of his family to mak e increasingly tough choices. 25 Ibid., 145. 26 Ibid., 147.


99 autobiography, the reader does not sense the physicality of the b order as much as a sharpening awareness that life would have to change in order for him to survive. The west bank of the Rhine was now part of France and that meant a new set of governing to make a move. Unable to find work to support his large family, Peter moved to Wetzlar on the eastern s help, he became a local assessor. Even without having to worry about anyone beyond himself, Josef v on Hommer soon had similar challenges. Though lucky enough to have not become part of France until after the Terror and the dismantling of the Catholic Church, clerics in the new Rhenish states still faced consider able difficulties. Hommer argued that ma ny religious took secular positions, but others claimed that it was mainly Catholic teachers in the Rhineland who took on lay roles, not priests. Instead clerics sought positions across the border. By 1798 increasing financial desperation and loneliness led von Hommer to also seek a parish on the other side of the river take a lay position. The parish was the only area in which I was sufficiently Limburg, on the opposite side of the Rhine. 27 As will be argu ed in C hapter 5 transformative of his life, a moment in which he truly found his calling in the tranquility of the countryside. What is interesting h turn toward German nationalism. Though he may never have fully accepted or understood how living on the border shaped him, it clearly sent him on different paths 27 Ibid., 147 55, n. 268 (396 7).

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100 than he expected. Only three years after goi ng to Schnberg, Josef von Hommer found himself back at Ehrenbreitstein. The 1801 Peace of Lunville finally confirmed the on the eastern side of the Rhine. Josef w as asked to become pastor at Ehrenbreitstein and resume duties similar to those he had previously held as Syndikus. He reluctantly took the job, even briefly attempting to maintain his parish in the countryside while serving the archbishop. However, soon afterwards the political situation changed once more when the archbishopric was formally disbanded in 1803, and the territory was given to the Duke of Nassau Weilberg. 28 Von Hommer spent the rest of the Napoleonic period at Ehrenbreitstein. It was here th at his national feelings became most readily apparent. In 1807 he composed Historical Notes from Thal Ehrenbreitstein a brief history of the community. His introduction laid out the purpose of the project: me is quite natural, but the history of foreign peoples. How excellently pleasant must it not be for those born in the town and its residents if they receive the opportunity to make acquaintance with the original history of their residence. To this purpose I have undertaken, by the opportunity of the present anniversary, to inform the public of the following historical notes of Thal Ehrenbreitstein. 29 Though much of the introduct ion followed a standardized format, several items are noteworthy here. First, von Hommer clearly recognized that national interests divided groups from one another. However, he also continued to further subdivide local 28 Ibid., 185 93. 29 Josef von Hommer, Historische Notizen von dem Thal Ehrenbreitstein. Der Brgerschaft dasselbten an dem Jubelfeste der dasigen K irchweihe am 25ten October 1807 gewidmet, und zum Besten der dasigen Armen verlegt ([S.l.], 1807), 3.

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101 concerns from national ones, in muc h the same way that Lassaulx had done in his Fatherland Paperback The Rhineland was different. It was clearly not French, but it s assessment of the amalgamation of the local and national, here the region al continued to take precedence because it was not yet clear what the national was. priest s, birth and death rates, etc. However, the end of the work returned to the present day, leaving more tantalizing clues about the place of Ehrenbreitstein and its residents in the wider world. Von Hommer lamented the widespread poverty brought by they 30 Travelers and the French on the other side of the river inspired trade and kept Rhinelanders connected to one another and the world no matter what borders had been decision to write his Ehrenbreitstein history highlights the complicated nature of border life. He took pride in being a Rhinelander, in being neither French nor German, but at the same time connected his region directly into a wider community. The Rhineland was unique because it was cosmopolitan and saw borders as something to be crossed rather than erected. This underlying ability to examine the world more broadly than those living elsewhere may also have inspi red Josef von Hommer to take a slightly different approach to reforming the Catholic Mass than some of his contemporaries. As with many other issues, Hommer sought out a middle ground between those who wanted 30 Ibid., 35 48.

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102 Mass said in German and those desiring it to c ontinue in Latin. Though his views could not be labeled nationalist, it is clear that he recognized the power of language to define a people. He saw the matter as centered around two issues: Church discipline and how the Church connected to people. If priests were allowed to freely select what language they used to say Mass, the Church would lose an important element of control over their congregations. He compared Church discipline to that of the military arguing t will the right or the left foot, he must make the 31 Latin was what brought believers from different cultural backgrounds together. Yet he appreciated the appeal of being able to understand the words being said in the Mass. Everyone recognizes that instructions, admonishments, and prayers agitate the hearts of humans more and must inspire them to piety if they are spoken in an understandable language instead of that of a stranger 32 However, for others, especially older congregation members, Latin was the critical element necessary to make the mysteries of the Mass real. One had to be able to appeal to both groups. He urged that Latin be used for at least part of the peak heart to heart and always have before their eyes 33 refers to nation, his understanding of the principles of communication was much the same as that of any politician of his day. God inspired people from within, but only 31 Hommer, Meditationes 261 32 Ibid. 33 Ib id., 267. See also Wilfried Evertz, Seelsorge im Erzbistum Kln zwischen Aufklrung und Restauration 1825 1835 (Cologne: Bhlau Verlag, 1993), 232 3.

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103 34 Hommer had learned, in part through living on a border between different languages in an era of dramat ic change, that the means that one used to express oneself were essential He used this knowledge of the power of language to alter how congregations in the Rhineland understood the Catholic Mass. During his time at Ehrenbreitstein, Josef von Hommer f lir ted briefly with saying all his M ass es in German. Eventually, however, he reje cted all German M asses for yet another compromise Latin for high, celebratory M asses and German for regular weekly ones. Even more interesting, in 1818 he began compiling a G erman songbook for services. 35 There were over 18 editions of the work, and by 1829 it had taken on a semi official character. In 1846, ten years after his death, over half the parishes in the bishopric were still using his songbook. He did not write man y of the songs himself but instead compiled them from a large number of songbooks already in his collection. 36 Von Hommer recognized that for Catholicism to continue to resonate with believers, the faith had to be expressed in terms all could understand. recommended that one examines this much more as a Volksbuch for use by people 37 Whether or not von Homme 34 Hommer, Meditationes 267. 35 A few of the songs were in Latin but the majority of them were German so it is being labeled German here. 36 Mar Josef von Hommer: Es mu Einheit seyn: Anreden eines Bischofs an die Alumnen seines Seminars (Trier: Paulinus Verlag, 1993), 27 29. 37 Josef von Hommer, ed., Der heilige Gesang, oder Katholisches Gesang und Gebet hbuch zum Gebrauch beym ffentlichen Gottesdienste, in der Dizese Trier (Ehrenbreitstein: Ludwig Jenatz, 1831), ii iii.

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104 musical Volksbuch stemmed directly from living on a border is, of course, impossible to prove. However, one can make the claim that where von Hommer resided helped make a new direction in his way of t hinking possible. Latin was no longer the sole community language of faith and needed replacement by national tongues. Among the people most likely to realize this simple fact were those who lived on national borderlines arenas where cultural and lingu istic competition was more intense than elsewhere. his fellow Rhinelanders because he lived within an international, religious institution. Others were much more likely to att ack the question of national identity head on. As seen in C hapter 2 Joseph von Grres wrestled heavily with how to position himself in nationalism debates after his visit to Paris in 1799 1800. As his cosmopolitanism was threatened Grres found himself awkwardly trying to balance his recognition of German and French cultural differences with a continuing hope for the advancement of humankind. As Gunther Whlers has suggested, The tragedy of the French Revolution made the Coblenze r realize that the principle of power and the force of the Revolution robbed it of all universal, world community interests and the movement from a political perspective world citizen bond was cut through. There was no longer any room for non French within the realm of the French republic. 38 Ziesche comparing American and French understandings of cosmopolitanism and nationalism proposes that the two principles were seen as complementary in both 38 Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtsta g von Joseph Grres (C ologne: J.P. Bachem, 1926), 4. For a discussion of the development of separate German French identities see Michael Jeismann, Das Vaterland der Feinde: Studien zum nationalen Feindbegriff und Selbstverst ndnis in Deutschland und Frankreich, 1792 1918 (Stuttgart: Klett Cotta, 1992).

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105 cultures. Universalism was necessary to unite diverse populations into nations, and idea of human uniformity and moral equality, universalism could take a variety of forms, depend ing on how each negotiated the tension between the belief in human unity and 39 exposed this tension in its crudest state. He had to find a new balance between these tw o forces, something that would allow him to continue to see the world as united but, more importantly, diverse. Grres would spend the Napoleonic era as a wanderer searching the boundaries of science, myth, Romanticism, and even religion for a new directi on for himself and Germany. He would find it in the waters of the Rhine. Throughout his life, Grres spoke in glowing terms of his beloved river Rhine and his psychological need for it. Each time he was away he wrote of his longing to be back home. In a letter from Paris to Katharina, he used the river to speak of his fear of never being able to really return to the pleasures of his youth. that I spent on your hill on the banks of the Rhine, these days of the highest sensit ivity, the lively sensations, the guiltless pleasure. 40 Yet the river was 39 Philipp Ziesche, Cosmopolitan Patriots: Americans in Paris in the Age of Revolution (Charlottesville Va. : Universit y of Virginia Press, 2010), 6. Ziesche concludes (154 66) that Americans visiting Pa ris ultimately concluded, much as Grres would about Germany, that their revolutions offered universal models to the world, but ones that had to adapted to different cultures. Others have argued that Grres took quite a different path from his fellow Rheni sh revolutionaries in abandoning his cosmopolitanism for German nationalism because he refused to become p See Roger Dufraisse, tude de Paris (Bonn : Bouvier Verlag, 1992), 68 9. This assessment is rather harsh not only because of its limited definition of cosmopolitanism but also because Grres did willingly take on smaller government jobs at the gymnasium and law school in Coblenz, though he did not take an active role in Napoleonic government that some of his friends did. 40 Joseph Grres, Gesammelte Briefe, ed. Marie Grres, v ol. 1, Fam ilienbriefe (Munich: Commission der literarisch artistischen Anstalt, 1858), 17 8.

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106 much more to Joseph than a past that could not be relived; it was his treasured German his 1803 Aphorismen ber d ie Organonomie 41 Such sentiments probably caused alarm among French bureaucrats. Yet by this point, it is obvious that Joseph von Grres was hoping desperately for the Grres than it had for Josef von Hommer, who spent the bulk of the French era in German controlled territory. The cleric living in Ehrenbreitstein could more casually talk of German culture and language. For the young R omantic living in France, however, German nationalism was a mission, one made even more serious by the need to bring it about covertly. Thus, for Joseph von Grres, the border was not an edge but a cent er, the core from which a new Germany, and later a morally reformed Europe, could spread. For the next fourteen years after returning home from Paris, Joseph von Grres disappeared from the formal political arena, but his absence was not due to any lack of interest in remaking his world according to Kantian ethics. Instead, Grres weighed the economic and political risks of challenging Napoleonic censorship and kept silent, for the most part. Yet his mind continued to operate in full reform mode and he so on found other, more hidden outlets for his revolutionary ideals. Only four months after returning from Paris in April 1800, Grres accepted a position teaching physics at the Coblenz ast saved my love 41 Grres as qtd. in Wohlers, 8.

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107 42 In September 1801, he married Katharina and had three children: Sophie (1802), Guido (1804), and Marie (1808). At one point he became involved in a failed attempt to build a leaden ware factory. He also continued to write on art, medicine and philosophy and gradually was pulled into the burgeoning Romantic circle around Clemens Brentano, a fellow Coblenzer, renowned for his poetry and short stories. By 1804 Brentano and colleague Achim von Arni m had gathered an important group of philosophers at the University of Heidelberg. Grres became increasingly frustrated by his lack of intellectual freedom in Coblenz and soon tried to join his friends. errible to be trampled from which I held fast to my homeland have been pushed out of the earth by frost and will dry up if they are other means ex to Franconia, which at least is near to my Rhine. 43 He arrived in Heidelberg in the fall of 1806, but without a uni versity degree Grres had trouble finding a position. He was forced to become a private lecturer, given a classroom but only receiving pay from those who decided to come and listen. The first sentence of his course prospectus was three pages long, and, t hough he attracted a crowd of 60 to 70 curious students for his first lecture, the numbers in attendance soon plummeted. His style was too bizarre and long winded to establish himself with the Heidelberg faculty. By 1808 financial pressures had forced Jo seph to return to the stability of the Coblenz gymnasium. He remained in Coblenz for the remainder of the 42 Joseph von Grres, as qtd. in Jon Vanden Heuvel, A German Life in the Age of Revolution: Joseph Grres, 1776 1848 ( Washington, DC: Catholic University of America Press, 2001), 95. 43 Ibid. 124.

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108 Napoleonic era, teaching at the gymnasium and occasionally offering outside lectures at in law, Franz von Lassaulx. Like von Hommer, economic and political forces ultimately decided where Grres resided. 44 Intellectually, however, Joseph von Grres flourished in Heidelberg. The R omantics in Heidelberg sought a new nationalism in German history and culture a nd Grres enthusiastically joined them on their quest. He began compiling German folktales and literature with the express purpose of teaching Germans about their collective past. In the introduction to his Deutschen Volksbuch published in 1807, Grres p reached to the need to unite all German classes in the natural sac redness of German history. His definition of the nation is particularly striking: The nation does not resemble a dead rock upon which a chisel can engrave an image at will; there must be so mething appealing in it that we desire to absorb. and generations, what gives strong, sturdy nourishment to everyone, like great, continuous need must exist in people, to which everyone responds, and that therefore constantly preserves them. 45 For Joseph von Grres, the nation was an organic form, a base from which all of a history had a similar purpose to unite people through their common heritage. Yet remembered correctly, was the only means of saving it as a nation. Precisely the humiliation that has been imposed upon its [German] character through the ineptitude of its leaders must complete the inner division in the essence of the nation. R enouncing what the confusion of 44 Ibid., 125 48. 45 Joseph A. Leslie Willson, ed., Ralph Read, trans., German Romantic Criticism (New York: Continuum, 1982), 167.

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109 recent times has forced upon it, i t must return into itself, to what is most characteristic and worthy within it, casting aside and su rrendering whatever is perverse, so that it will not wholly shatter in the hostile onrush of time. 46 in fully embracing its past. However, that history lay buried beneath layers of the muck of domination by other nations. Grres went digging deeper than most in search of the inspiration that he wanted. One of his oddest works was his Mythengeschichte der asiatischen Welt ways an ancestor to Richard Wagner and Arthur de Gobineau, Mythengeschichte assive, multi volume work showed above all Grres as polymath, a collector of ancient mythical knowledge from around the globe, hampered only by his inability to read any Asian languages. Linguist or not, he used the ancients to explain how history functi oned it was not rational but organic. At its essence history invoked a higher natural truth sprouting from an eternal Godhead. 47 The religious implications of these ideas and their C hapter 5 What is important The nation for Grres had a deep, unchanging essence, much like the Rhine River 46 Ibid., 165. 47 See Joseph Grres, Burton Feldman and Robert D. Richardson, eds., The Rise of Modern Mythology, 1680 1860 (Bloomington Ind. : Indiana University Pre ss, 1972), 381 2; Roman Reie, Grres (1776 1806) Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 58 60; and Vanden Heuvel, 135 48.

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110 itself. Rhinelanders could never be Frenchmen because they were compo sed of different material. By 1814, the time of which Grres had dreamed finally appeared on the horizon when the French left In January of that year he began publishing the Rheinischer Merkur a newspaper that took quite a different fiercely nationali stic path. Living in the Rhineland had enhanced his pugnacious attitude. Borders, in his view, were the broken. The creation of a new Grodeutschland 48 Here the border was again a combat zone, a Grres took quite a different approach to the challenges of being a Rhinelander than Franz von L assaulx did with Friedlieb Biedermann. For Lassaulx, border life was problematic because one was always weak, being bullied into choosing sides, none of which fit properly. His brother in law picked one national camp much more enthusiastically and strove to ingrain German culture in the hearts of his countrymen. For Grres, the Rhinelander was not just a German but the consummate German. Yet Grres also used the Rhineland in an even more ambitious battle plan. In an interesting quote of an unknown dat e, he put the Rhineland into the center of the melee over the future of not only Germany but also all Europe: 48 Vanden Heuvel, 190. The French, of course, had been arguing in a similar fashion about the importance of the Rhine River as border since the Middle Ages. In an interesting, quite polemical, dissertation written in the wake of World War I, Luise Rhenius argued that such an assumption during the French Revolution was inh erently false because France had never controlled the Rhineland except in its they were difficult to cross. See Luise Rhenius, Die Idee der natrlichen Grenzen und die franzsisc hen Revolution 1789 1815 ( Weide i. Th.: Thomas & Hubert, 1918), 1 7.

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111 move to their brothers. Eastward is a course to the beloved land, we stward to a crusade, a holy war. The Rhine has also fenced alongside the Nile and the Jordan, now it should also battle with them to destroy the idol house where they honor Satan in the shape of a poisonous rattlesnake. 49 Despite his disappointment in the French Revolution, Grres could not escape the universalism that living in a cosmopolitan city like Coblenz provided. His world was never a small, closed one but one that recognized the connective moral tissue that bound together Europe. An early article in the Rheinischer Merkur exemplified his optimism. Germany, which lays at the center of Europe, in friendly union with all states, united in one mind and not aiming at conquest, would be the middle sperity of all. And it would be in a position to lash out against fickle, miserable neighbors with grande nation, notre preponderance, frontire naturelle would be driven out. 50 If one could just g et rid of those pesky, attacking neighbors, those who thought only of their own grandeur rather than spreading morality to all humankind, then all Europe could create a worthwhile society. Rhinelanders would lead this reform because they, better than anyo ne else, knew that false pride or insulation from the rest of world were fleeting notions that could no longer survive in a modern world. bellicose because he could finally go on a full scale assault. These were years of triumph for Grres. The Rheinischer Merkur was a successful paper during its short run of January 1814 January 1816 when the Prussians suppressed it. It published every 49 Grres as qtd. in Wohlers, 9 10. 50 zwischen 1814 un d 1822, olfgang K ttler, eds., Revolution und Reform in Deutschland im 19. und 20. Jahrhundert, vol. 2 (Berlin: Trafo V erlag, 2005), 53.

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112 other day with a readership of around 3, 000. Most other papers of the day had print runs of 2,000 5,000. 51 When I look back upon my path up to now, then I must certainly believe, that I am not for nothing, and not without a higher call ing, in the position I am in. It is a pl ac No, I have a holy office to administer. I must do it according to my conscie nce, or give it up If I can no longer follow my convictions and I have to consult another jud ge other than my feelings and my standards, then the spirit abandons me... 52 Though there is a considerable amount of self inflation (and some striking parallels with ot the most influential and ambitious paper ever published in Germany up to that time. Not until 1848 would a German newspaper push the limits of freedom of expression, freedom to criticize the government, as far as Grres had in the Merkur 53 In April 1814, Grres was also named the director of education in the Prussian Rhineland. He held this position until the Prussians issued a warrant for his arrest four years later. Ho a fantasy with which reality increasingly clashed. He was soon just as disillusioned with Prussia as he had been with France, and for very similar reasons. His soaring view of a deeply moral world found ed in justice crashed into the reality of yet another growing bureaucracy that limited the ability of people to speak their minds. The reactionary Congress of Vienna 51 Vanden Heuvel, 184. 52 As qtd. in Vanden Heuvel, 211. 53 Vanden Heuvel, 184 + 214. See also Ester Beate Krber, Grres und die Revolution: Wandlungen ihres Begriffs in ihrer Wertung in seinem politischen Weltbild, 1793 1819 (Husum: Matthiesen, 1986), 74 6.

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113 confirmed tired dynasties stripped of any interest in reform and did not reform nations b ased upon linguistic and cultural boundaries as Grres had advocated. Instead of praising his insights, foreign governments were soon urging Prussia to suppress the Rheinischer Merkur which they did only two years after the paper had begun. He tried to find other means of expressing his opinions. A visit by the Prussian king Friedrich Wilhelm III provided just such an opportunity. Whereas most of his fellow Rhinelanders wrote letters urging the continued use of French laws in the province, Grres took a very unique position. He wanted a thoroughly German constitution and recommended bringing back the old German Stnde as a means of restoring the older Burger freedoms of the Middle Ages. This idea was not well received by anyone. 54 His views were seen as antiquated, a wish to return to a past that had never really existed. On one level living on a border made Grres more broad based and willing to connect his experiences to the rest of the world. Yet his interest in the deep pas t had begun to outweigh any positives that a cosmopolitan openness might bring. Prussia continued to keep Grres on the payroll until 1819, not wanting to see his potent pen put to use by any of their surrounding political rivals. However, he was too dang erous to consider for a university position, so Grres continued to languish near poverty. He then wrote one of his most inflammatory essays, one that would ultimately lead to his exile from his beloved Rhineland for the rest of his life. He published De utschland und die Revolution in September 1819 and again came across as pompous and presumptuous from his opening lines. During the last war, the author of this pamphlet often addressed the nation, and obtained its confidence. Fearing no man, and rejecti ng the timid 54 Mller, 54 7 and Rowe, 234 5.

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114 prudence which never dares to do more than shew (sic) truth by halves, he has always openly disclosed the sentiments of his heart. His search has been solely for truth, and whenever he flattered himself he had found the object of his inquiry, he laid his discovery before the public, because truth, without liberty, is, as the Psalmist says, a barred treasure, a hidden spring, a fountain built up; and liberty, without truth, is a worthless thing in the the spirit which dictates for the approaching dangers, and warn her either to seek a secure harbor, or in due time to stand out into the open sea. 55 roaching the challenge of German nationalism as a moderate, taking a middle path like his brother in winded prose often meant that the beginni ng of a paragraph appeared to have quite a different meaning than the end. If the reader did not struggle to get there, one could easily miss the point entirely. In Germany a new idea is added to those which effected the change in France; --the idea of unity, which will render the ferment stronger than ever it has been elsewhere. A German revolution must terminate with the expulsion of all the reigning families, the overthrow of all ecclesiastical establishments, the extirpation of the nobles, and the introductio n of a But she [Germany] must purchase this revolution with the blood of millions of her people, the destruction of one half of the rising generation; and in the end, she will gain nothing but what she might have obtaine d by a far cheaper sacrifice. 56 He saw Deutschland und die Revolution as merely a warning to the Prussians that if they did not reform, angry citizens with limited options might overthrow their government. The Prussians, quite naturally, viewed his provoca tive suggestions quite differently. Only a few weeks after publication the work was banned and the Prussian 55 Joseph Grres (trans. unknown) Pamphleteer 15 (1820) : 500 1. 56 Ibid., 547.

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115 between Frankfurt, Strasbourg, and Switzerland before eventually set tling in Bavaria. 57 However, Grres had already helped transform German nationalism. Though one of many important early German Romantics, the Coblenzer added considerably to redefining German culture. The nation was now in some ways not only organic, but also indestructible. The nation is bent on unity; and its will is like the growth of the trees, and the blowing of the wind, to which no human effort can oppose a barrier The lightning of heaven has struck the German oak; its crown has lost its verdure, but its trunk is still vigorous, a nd will send forth new branches. 58 Joseph von Grres successfully transmogrified his experiences in the Rhineland because the nation as a concept was so flexible. Moment s of being on a battlefront between opposing ideas, anger at lack of trust of those living on a border, a wider world view based in local trade across language and culture, all combined to create in Grres a fierce emotional connection to Germany. responded to French control with such full scale national vehemence. Others found ways to compr omise with the French, to remake their ideals to fit new circumstances. Any path to new ways of thinking, however, was never easy or straightforward. Both Hommer and Grres often could not see what was coming next because they lived in 57 Vanden Heuvel, 226 8 + 254 65. 58

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116 such ever changing circumstances. Franz von Lassaulx faced quite similar challenges, but he dealt with them in another unique manner. Though his life was quite short and much less at the forefront of power, Franz von iscussed her e. As will be described in C hapter 4 to introduce the Napoleonic Code into the Rhineland from which new legal forms spread to the rest of Germany. He was born into one of the most influential families in Coblenz and, unlike Hommer or Grres, traveled rarely until near the end of his life. He was born on July 21, 1781, the second child of Adam Josef von Lassaulx, a justice of the peace, Hofrat and advisor to Archbishop Clemens von Wenzeslaus and Maria Christine Volmar, daughter of a respected Coblenz family. The archbishop had recruited his grandfather Johann Claudius from the Lorraine in 1750 so, as was true of many in the area, the Lassaulx family had cross cultural roots. Fran z had two sisters, Katharina (future wife of Joseph von Grres) who was two years older and Maria, two years younger. 59 flashes of progressive thought. By 1789 his father was a f government, one of its youngest members, and his grandfather Johann Claudius was one of the oldest. The Lassaulx family was part of the Reading Society in Coblenz, which discussed Enlightenment ideas in a gentile setting. In add ition, they began running a local newspaper in 1777, the Coblenz Intelligenzblatt which occasionally wrote pieces that the archbishop disliked. At such moments, Johann Claudius blamed 59 Just, 8 10.

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117 his inexperienced son Adam and all was forgiven. Adam also had a youn ger brother, Peter Ernst von Lassaulx, who shot up the bureaucratic ranks even faster. Wenzeslaus named the younger Lassaulx to the position of secular Syndikus for the lower archbishopric in 1782 when Peter Ernst was only 25. 60 So the family was well est ablished in the circles of power, dutiful yet also somewhat open to the radical ideas that soon began flooding in from France. About 1793 Franz von Lassaulx Claudius, began receiving school prizes at the gymnasium. They, like Joseph von Grres five years earlier, fell under the influence of instructors like Johann Philip Nikola who introduced his students to Immanuel Kant and the need for moral reform. Though he probably did not join his uncle Peter Erns t von Lassaulx on his disastrous trip to imprisonment no doubt helped further radicalize him. 61 The next several years were quite chaotic as war swirled in and out of the Rhinela nd. It is impossible to tell when and if Franz even graduated from the gymnasium, and it remained difficult for him to plot a proper career path or consider going to university when travel was so dangerous. One of the few remaining intellectual outlets w ere literary discussions in the homes of important Coblenz citizens like Sophie de la Roche, close friend of the Lassaulx family and grandmother of Clemens Brentano. 62 60 Ibid., 9 13. 61 For documents regarding this Mainz episode see Joseph Hansen, ed., Quellen zur Geschichte des Rheinlandes im Zeitalter des Franzsisc hen Revolution, 1780 1801 vol. 2, 1792 1793 (Bonn: P. Hanstein, 1933), 473, 486, + 508 10. 62 Just, 15 25.

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118 It was probably through these meetings and others that Franz felt inspired to attempt som e literature of his own. Though he was never prolific or particularly adept at fiction, he did experiment with a wide variety of genres. In December 1797, he wrote which he mailed to Friedrich Schiller to get his opinion. They had quite a self defacing introduc The judgment of men, upon whom Germany has so much cause to be proud, would be enough to make me 63 The slightly nationalistic tone of his opening, however, did not find any real voice in the poems themselves. Instead, both focused on the horrors of war that he himself had just experienced and hopes for the newly founded Destruction covers the earth, O nly the fire throated lightning B reaks over the death of night T he dull stillness of distant thunder and the dying cattle 64 with almost a desperation for everlasting peace. It is the only point at which the Rhine itself is mentioned as a river upon which a great culture and people can find its rest. It is calm there in the distant bed o f Father Rhine: T hen no corpses cloud your river P A ll people are one family Virtue is their law: S o that future generations O nly know the time when discord divided humans as sayings Forever eradicated is every war: forgotten Would also the most insignificant trace: 63 Ibid., 40. 64 Franz von Lassaulx. Ein Stuck rheinischer Lebens und Bildungsgeschichte im Zeitalter der grossen Revolution und Napoleons (Bonn: A. Marcus & E. Weber, 1926), 238.

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119 T he wish of millions will be filled T he y wish everlasting peace 65 structures : agriculture, business and law. The Rhine is part of this physicality, not as a barrier between peoples, but a place in which a community used the fruits of th e land to find peace. This view is already quite different than his future brother in law Grres. Franz von Lassaulx does not react wi hat comes after the conflict is more important than the battle itself nd However, for Lassaulx this basic interest in peace did not mean any lack of interest in Rhineland border politics Young Franz spent the next 7 or 8 years searching out a place for himself in the contentious political world in two main arenas: journa lism and law. Both areas were in some ways preordained because he followed in his professor of law, in these earlier years it appeared just as likely that he might end up as a printer of newspapers and other political literature In 1797, in addition to composing poetry, Franz von Lassaulx house. It was an opportune moment for a Coblenz publisher. The former arch press could not handle the volume of material that the new French bureaucracy produced T he Lassaulx house rapidly put itself in a place to fill that need because it could print in both German and French. Though another press spra ng up in 1798 t o 65 Just, 240 1.

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120 challenge it, by 1800 the Lassaulx house was the official printer for the French 66 However, Franz von Lassaulx did not limit himself to just being a governmental spokesperson. In 1798, he and Grres began printing Das Rothe Blatt a radical newspaper based in Enlightenment reforms. Though the newspaper began as a cheerleader for the new French leadership, the relationship soon soured and they had ip. Grres, as he would do throughout his life, spoke out quickly and forcefully against any government action that did not meet his standard of morality. The paper only had a distribution of around 500 copies sold in local bookshops and lasted just abou t a year before the young radicals decided to end the endeavor. Still, it was an important part of early efforts to create a paper that had a sharp point of view and was more than an irregular broadsheet. 67 It is impossible to tell how much influence Franz von Lassaulx had over the content of Das Rothe Blatt or whether he actually composed pieces for it. Yet the fact that he printed it, and that his father allowed it, speaks volumes as to the lengths Franz was willing to go In March 1799 the reformers used the Lassaulx press to publish Vintage Songs for 66 Just, 41 3. For more information about the press during the French Revolution see Joan B. Landes, "More Than Words: The Printing Press and the French Revolution," Eighteenth Century Studies 25 no. 1 (1991): 85 98; Robert Darnton and Daniel Roche, eds., Revolution in Print: The Press in F rance, 1775 1800 (Berkeley Calif. : University of California Press, 1989); and Jeremy D. Popkin, Revolutionary News: The Press in France, 1789 1799 (Durham N.C. : Duke University Press, 1990). The historiographical literature on the history of the book tra de is immense. One good overview of the literature is Wallace Book History 1, no. 1 (1998): 283 303. 67 Vanden Heuvel, 56 8.

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121 Republicans for the Celebr ation of the Decadi and Republican Holidays a songbook of inspirational tunes designed to i ncrease Coblenzer patriotism. Like Josef von expressed political purpose, howev er it was not national in focus. Instead French republican models were shoved into German jackets, without much success. publication of Vintage Songs Franz von Lassau lx was appointed to the Coblenz city council as municipal secretary. German radicals were delighted that the French government had finally begu n appointing some liberals to important jobs in the administration. Their joy was short lived. In their enthus iasm, the reformist council began enacting changes that angered the local populace: city records were now open for public scrutiny and increased celebration of republican festivals urged. On October 2 nd the republican city administration was falsely bla med for minor street fighting after a French military victory. Former aristocrats were soon back in power and Grres was in prison for complaining. Though Franz von Lassaulx was later offered his position back, he declined and never again took an act ive role in municipal affairs. Soon his friend Joseph von Grres was on the road to Paris. 68 At that moment the views of Franz von Lassaulx and Joseph von Grres were probably closer ideologically than they would be Paris trip was a turning point for them both, but one that led them in opposite directions with quite different understandings of what it meant to be national. 68 Just, 53 62, 81 5 an d Vanden Heuvel, 76 8.

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122 Still, as the new century began neither Lassaulx nor Grres really had begun to grapple with the complexities of nationality. Franz von Lassaulx wrote multiple letters to his cousin Jean Claude, who was studying medicine in Wrzburg, during this critical juncture. His comments showed an opening up of his national thinking, but they were tentativ e, born out of the bitter disappointment of the previous several months. At the would we not have to be proud of it. Then the French national character leaves me the smallest ho pe that the rogue government in which every small fellow offers up the gold 69 As was true of Grres when he left for Paris, was muted at best. Franz too had begun to see a much starker dividing line between German and French. A few weeks later he reported on visit thus far. expect from every cold German observer. Frivolity and pleasure are the only things that the Parisian businessmen pursue. The good of the nation is such a secondary thought that they casually report for duty and keep half the city busy....Before the end of the month we will have another catastrophe. An amalgamation with such men is not for us Germans they who need freedom only as bait for their shameful egoism and laugh at pure virtue as a figment of the imagination. 70 His tone was almost as bitter as Grres himself despite the fact that Lassaulx did not even visit Paris. The French appeared to have lost all virtue and the time had come to sever all dreams of joint nationality. Yet, a few months later, it is obvious that Lassaulx was just as pessimistic about German prospects. 69 Lassaulx to Jean Claude von Lassaulx, Coblenz, 1 December 1799 in Just, 222. 70 Lassaulx to Jean Claude von Lassaulx, Coblenz, 16 December 1799 in Just, 224.

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123 The hopes for the future are more d reary than they have ever been. You know our people, you know how dumb stubborn and bigoted the farmer is, how narrow minded and small the lowbrow, and how corrupted how immoral the city dweller. Happy families, good marriages daily become more seldom. In France the common man is indeed kind and also on average still honest. But all that gold has it ferments in the whirlpool of business at the highest level of immorality, the scum of mankind. Its influence on the lower classes cannot fail and the ven ereal poison gnaws the government and the whole state machine, to eat the people and to swallow. Is it better in Germany? The morality at least sinks lower by the day, and if the national character opposes itself to the rapid working of the poison, German s still posses s too much phlegm to work against it strongly. And if we see the moral culture dwindle in the same degree, as the forests wish back, where the old German knew to preserve his freedom, his wife and his people against attacks of the Roman legi ons and against the influence of Roman culture. 71 Like Grres, Franz von Lassaulx placed German morality on a precipice, one whose slippery slope led to inevitable cultural decline. Here France was not the evil villain, but merely an example of where Germany was heading. Yet, what was most remarkable is that though Lassaulx highlighted the ancient past that Joseph von Grres would later ism The past was merely the past, unattainable from the reverse side of the mountain of virtue. The future of the German nation was as yet unclear but the answer for Franz von Lassaulx would be found in the medicine of hard work and family. Josef von Hommer and Joseph von Grres spent the first several years of Napoleonic rule wandering ideologically, trying to find a home for themselves in a new political and cultural world quite different from that of their childhoods. Franz v on Lassaulx would do the same. First and foremost, Franz continued to be a publisher and writer. His newspaper, the Koblenzer Zeitung was mildly oppositional but rarely went beyond what the French government would allow. Most news was printed from repo rts 71 Lassaulx to Jean Claude von Lassaulx, Coblenz, 4 April 1800 in Just, 227 8.

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124 out of Paris and Vienna without any real commentary Every so often there was a hint long as I do not tie my bundle and move to the other side of the Rhine, one can count 72 Whether or not Franz was longing for a less complicated life at Ehrenbreitstein like Josef von Hommer or whether he was However, he was quite willing to use the language of the border to increase the impact of his argument. A border dispute with national implications erupted in late 1801 and Lassaulx found himself briefly at the center of it. In his paper Franz criticized the French for refusing Rhinelanders the right to trade wheat with the British, arguing that Rhenish ships faced financial ruin. French authorities threatened to imprison Franz in the Somme department and inspect his news papers in Paris until his father Adam, still a justice of the peace, intervened on his behalf. 73 As a border resident, Lassaulx was much less bothered with the notion of trading with possible enemies than the Napoleonic government in Paris. Still, this moment was only a brief ripple in a sea of increasing tranquility for Lassaulx. By early 1802, he politics anymore. Maybe Bonaparte was never as near his downfall as now, but will it 72 As qtd. in Just, 107. 73 Just, 105 9 and Vanden Heuvel, 156. For a further discussion of the psychological impact of Napoleonic trading restrictions on the development of German national consciousness see Katherine B : Civilian Experiences of Economic Warfare during the Napoleonic era in Soldiers, Citizens, Civilians: Experiences, and Perceptions of the Revolutionary and Napoleonic Wars, 1790 1820 (New York: Palg rave Macmillan, 2009), 118 32. One of the most important historians examining the effects of of the Rhine and a nega tive impact on the right bank. See especially Dufraisse, 193 295.

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125 then be better? It is freely a catastrophe to hope 74 He soon reduced printing the paper from five times per decadi to three times because there was simply not enough news to print in such a peaceful world. A year later, in March 1803, the Koblenzer Zeitung ceased publicatio n all together. In his final issue, Lassaulx countries and times in which it is the vehicle of public opinion: in others it serves only to satisfy the curious. This is 75 Lassaulx was rarely comfortable as a political spokesperson and in an era of increasing censorship, he began to move on to other endeavors. Unlike his brother in law Grres, Franz von Lassaulx becam e an increasingly successful businessman in Coblenz. In addition to studying law, Lassaulx continued to run a publishing house and bookshop. From his presses rolled everything from a history of Egyptian monuments to chemical tables to translations of Vir gil. His bookstore was increasingly associated with larger booksellers in Frankfurt and Paris and he was even able to open a second shop in nearby Andernach. He met a young woman, Benedikte Korbachs, whom he married after several years of trying to convi nce her parents of his worthiness. 76 Lassaulx joined both Josef von Hommer and Joseph von Grres in compiling and editing historical works during this period. Whereas Hommer told the history of a local community, Ehrenbreitstein, and Grres dug deep into ancient mythology in search of 74 Lassaulx to Jean Claude von Lassaulx, Coblenz, 17 January 1802 in Just, 229. 75 As qtd. in Just, 122. See also Michael Rowe, ed., Collaboration and Resistance in Nap oleonic Europe. State Formation in an Age of Upheaval, c. 1800 1815 (Basingstoke UK : Palgrave Macmillan, 2003). 76 Just, 100 4, 110 + 118.

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126 together historical tales from throughout Europe in his Historisches Taschenbuch. The main purpose of the volume was to put the older Roman and newer revolutionary calendars side by side to help the reader find proper dates. Calendars had a much wider readership than many other ki n ds of media in the Rhineland. Whereas a normal print run for a work was around 10,000 copies, calendars were typica lly 50,000 or more. The French Revolution had significantly altered the market for calendars. Whereas previously each calendar had limited regional appeal, now printers competed with one another and began putting in more types of information that would a ttract readers rather than focusing merely upon handing out officially approved advice. 77 Typically calendars included a section of miscellanea near the end that contained proverbs, stories of criminal mischief, or descriptions of the latest agricultural innovations. French authorities, however, banned descriptions of current events. 78 section contained historical stories organized by the day of the year upon which they occurred. His introduction began by recognizing the fervor of t he age. New forms have pushed aside the old. The new again becomes old. devouring crater of the revolutionary volcano. But still continuously rage the hidden embers. The combatant s have made peace, but they do not extend 77 James Brophy, Popular Culture and the Public Sphere in the Rhineland, 1800 1850 (Cambridge, UK : Cambridge Universit y Press, 2007), 24 8. For a discussion of the impact of the French republican calendar on society see Matthew John Shaw Time and the French Revolution: The Republican Calendar, 1789 Year IV (Rochester, N Y T he French Republican American Sociological Review 42, no. 6 (Dec. 1977): 868 877. 78 Brophy, 25 6.

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127 the hand. They have promised to forget everything that was and in every glance they remember the past. 79 Lassaulx rejected many of the revolutionary principles that he had embraced just a few years earlier. Instead he took a somewhat Braudelian approach to history there was a cyclical wholeness in examining the past because within its repetition were the calming answers needed for modern dilemmas. He firmly rejected u sing the past to further inflame the tensions of the present The knowledge of previous generations was not as Paris projected an ancient model of glory. Neither was it as Hommer hinted or Grres boldly insisted a source of pride upon which to build German national identity. Instead history s hould be used as a stabilizing rudder to ride the storm of revolution. But what is good and valuable never ages. The high bravery with which we fight for again achievable freedom in old and new times; the steady, lasting And always we tell 80 Thus in stunning opposition to the principles of the French Revolution, when and where something happened was irrelevant for Lassaulx History did not need to have some unassuming, they [these pages] offer themselves to the devotees of the past. Blind cha 81 Li of nationalism. Instead, like the region in which he lived, Lassaulx felt the greater pull of 79 Franz von Lassaulx, Historisches Taschenbuch, Erster Jahrgang, Jahr 10 oder 1802 (C oblenz: Lassaulx, 1802), 87. 80 Ibid., 88 9. 81 Ibid., 92.

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128 cosmopolitanism, of links across arbitrarily established boundaries of time and space. However, t his broader approach did not mean that Lassaulx was not pro German, merely that his nationalism was as yet ill defined. As a Rhinelander, he saw national difference while also observing the necessity of finding a way around it. These tensions underlay continuing work in various genres. He never entir ely rejected political messages but made them more muted and less partisan. In 1803 he published a novel, Albano Giuletto a rather unsuccessful compilation of much of his earlier poetry and wor k from other places that lamented the confusion and horrors of war. He also wrote a four act comedy, Die Reise zur Hochzeit that remained unprinted. This piece also had some political overtones that were more overtly national. The German bride meets he r betrothed French groom for the first time at a border inn, fianc e eventually rejects to marry her true love, a fellow German. 82 The message would be vaguely repeated in t he 1805 Fatherland Paperback. Both highlighted the border as a neutral zone, a space between two competing national ideals that could never be brought together as one. On first glance, the late date of the Friedlieb Biedermann piece is almost shocking it was printed less than a year before Napoleon named Franz von Lassaulx a professor at his new law school in Coblenz. Yet, in comparing the Biedermann character s. He wanted to be a German nationalist but was not sure what that meant because he lived on the French side of the border. Before him were two 82 Just, 168 78 + 245 6.

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129 opposing camps, views of the world, cultures that do not seem to understand one another. Yet he was asked to choose between them, a verdict that he could not bring himself to make because he was simultaneously drawn to and repelled by both sides. None of this internal discussion made for particularly scintillating literature, but it did give him a space to conti nually try to work out where and what he wanted to be. Malleable and fluid, nationalism could rapidly change directions within nation states and, more importantly, within individuals, and border residents were the ones most likely to recognize this potent fact. What should one do, however, with such important information? Grres saw a need to be an inspirer of such passions, to lead the Rhineland and Germany into a Romantic future in which all would embrace his vision of the past and work together to crea te a just society. Others, however, observing the horrors of war and the chaos of upturned lives, reached out to grasp a to the emergence of nationalism in the Rhinelan Their nationalism, while still quite present, was wider and more embracing than that of their countryman. Von Hommer recognized German culture but was anxious to use it to further a much more international Catholic faith. In crossing the border before the coming of Napoleon, he did not fully experience the height of French bureaucracy and could more readily imagine alternatives to it. Though his life was no doubt turned upside down by events at the turn of the cent ury, his age and position meant that his beliefs were not as fully brought into question as those of the youthful Lassaulx and Grres. Yet that did not mean that nationalism did not play an active role in how the cleric understood

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130 himself. Living on the border meant that Hommer could see the emerging national battle in front of him and that he felt drawn to choose sides. Because nationalism was just emerging, Hommer was given the opportunity to call on the ancient cosmopolitanism of Christianity to hide behind. However, just because he could awareness. For Franz von Lassaulx, nationalism was much more difficult to digest than for Hommer or Grres. In part, this obstacle occurred because Lassaulx could envision a third path, a Rhineland that was neither French nor German, one that built its own house. Yet as a border resident, Franz could also see more clearly t he damage that nationalist passions engendered conflict and war that could rip apart the very fabric of He eventually unearthed the answers to these important questions within his own work on the Napoleonic Code. Law was graspable, definable, something that could be placed on a map like a border, which one chose to follow or ignore. Just as Hommer chose spirituality as his preferred paradigm for making sense of the world, Lassaulx chose law. On first glance all three of these responses to the challenges raised by emerging nationalism on the border appear too different to be able to equate them. Yet wh at I am arguing here is not that their answers to the questions that the world raised were naturally similar because they all lived in the same place. Rather, what is important is that they were being forced to react. Setting arbitrary boundary lines fir mly across territory that had not previously been divided meant that residents had no choice but to

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131 face the reality that nationalism had entered their lives permanently. Older frameworks of family, social structure, religion and politics had to be rewrit ten immediately to include a new way of thinking. However, this fact does not lessen the importance of their the ultimate deciding factor in what nationalism on the border would become.

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132 CHAPTER 4 PPLICATION OF NAPOLE ONIC LAW IN THE RHINELAND 1803 18 35 One has to wonder how Franz von Lassaulx felt as he sat translating yet another Napoleonic decree in the spring of 1808 The young professor of the Code Napolon at the Code civil had first begun appearing in 1803. Yet this piece was different from the civil and commercial codes that ha d emphasized equality before the law, careers based upon talent, and the sanctity of personal property. Some provisions were similar to : Jewish consistories for every 2,000 Jews, the regulati on of synagogue instruction, and demands that Israelites be both morally upright and strong supporters of the Napoleonic state. However, other sections of the Dcret Infame were much more exclusionary and highlighted a complete lack of trust not faced by Catholics or Protestants Unlike their countrymen, Jews could not purchase replacements for military conscription. Their ability to lend money would be heavily regulated. Even more damaging, Jews had to deal with commercial and legal restrictions that s hould have given anyone in favor of the freedoms proffered by the French Revolution, like Lassaulx, serious cause for alarm. From the first day of the coming July and thenceforth, no Jew shall be permitted to devote himself to any business, negotiation, or any type of commerce without having received a specific license from the prefect of the department in which he resides. This license will only be granted on the receipt of precise information and of certification: a) from the municipal council stating that the said Jew does not devote himself to any illicit business; b) from the consistory of the district in which he lives attesting to In other departments of the Empire, no Jew not actually now living in them shall be adm itted to take up residence except in a case where he acquires

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133 a rural property and devotes himself to agriculture, without entering into any commercial or business transactions. 1 We have no knowledge as to how Franz von Lassaulx felt about these words as h e shifted them from one language to another. Perhaps he had no qualms about Jews not being able to move or change jobs without special approval, or he did not recognize, as Jews did, that such laws meant that local anti Semites would keep them from achiev ing any real prosperity. 2 However, as a translator Lassaulx had his hands deep into the easily ignore the broader implications of what he was doing. The French Revolution and the Na poleonic era that followed caused a rupture in the exclusionary, hierarchy bound tradition of the past. Many eager souls jumped into the rift that was created in search of new opportunities. In the Rhineland, the debates were also being written in a new language, French, and it was those who knew it best who had the greatest chance at being channels between cultures and arbiters of new destinies. Franz von Lassaulx and Heschel Marx, brother of Rabbi Samuel Marx and father of Karl Marx, were two of those who willingly took the new path. Both of them, however, were not mere linguists. They recognized the cultural and political power 1 Paul Mendes Flohr and Jehuda R. Reinharz, eds., The Jew in the Modern World: A Documentary History ( Oxford, UK: Oxford University Press 1995), 139 transl ation see Franz von Lassaulx, ed., Annalen der Gesetzgebung Napoleons. Herausgegeben von F. Lassaulx, ordentl. Professor des Codex Napole o n an der Fakultt der Rechte (Coblenz, 1808), 25 34, from Frstlich Waldecksche Hofbibliothek, FWHB III 92e 2, 1808, v ol. 1.1. 2 For further discussion of the impact of the Dcret Infame see Frederic Cople Jaher, The Jews and the Nation: Revolution, Emancipation, State Formation, and the Liberal Paradigm in America and France (Princeton N.J. : Princeton University Press, 2002), 127 Liedtke and Stephan Wendehorts, eds. The E mancipation of Catholics, Jews and Protestants: Minorities and the Nation State in Nineteenth Century Europe (Manchester UK : Manchester University Press, 19 99), 89 91; and Christopher in Ranier Liedtke and Stephan Wendehorts, eds. The E mancipation of Catholics, Jews and Protestants: Minorities and the Nation State in Nineteenth Century Europe (Manchester UK : Manchester University Press, 1999), 126.

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134 behind the new Napoleonic laws and used that civilizing authority to remake themselves in a rapidly shifting world. New law codes and law schools gave peace and permanence to society and confirmed that the radical reforms of the previous decade were now the stable, consolidated foundation for the future It was the dual threads of languag e and law that provided Lassaulx and Marx a world vision that had not existed a generation earlier. It appeared as though they could be whatever they wanted in this new France and neither overlooked the opportunity. Yet this vision was also a fantasy. As Lassaulx may have realized in translating the Dcret Infame hampered by social and political conditions. Older hatreds never really disappeared, and those with authority tried anything th at could be done covertly and overtly to block more of those pre existing social norms with a vengeance, and both Lassaulx and Marx would be forced into challenging situa tions that they had not anticipated. Why did such drastic failures occur? Though the politics of the strong overtaking the weak obviously played a critical role, there were also other deeper, structural concerns at play. What Lassaulx and Marx were doi ng as translators and lawyers brought simultaneous stability and unrest. Inherent within the projects of translation and creating new legal institutions is rewriting, recreating something for a new mode of communication. Like the Rhenish border itself n either language nor law was written in stone. Instead they were malleable like clay, able to be made to fit a given situation. It is doubtful that either Lassaulx or Marx saw what they were doing as destabilizing society indeed they would clearly have argued for the exact opposite. Yet this hidden

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135 current of tension within their burgeoning professional lives could not be made to simply disappear. The interplay between old and new, between security and unpredictability, was a driving force in their liv es and all those around them. Translation is among the most heavily examined issues in recent literary theory, created a platform from which many later discussions into the feasibility of translation have been launched. two languages was impossible. One can even see this in hi s title in which Aufgabe not distance between an original and any attempt to transfer its meaning across linguistic boundaries. Yet Benjamin also did not completely devalue all attempts at translation. Fragments of a vessel that are to be glued together [um sich zusammenfgen zu lassen] must match one another in the smallest details, although they need not be like one another. In the same way a translation, instead of imitating the sense of the original [anstatt dem Sinn des Originals sich hnlich zu machen] must lovingly and in detail incorporate [sich anbilden] the original's mode of meaning, thus making the original and the translation recognizable as fragments of a greater language, just as fragments are part of a vessel 3 3 From the Pacs To Benjamin and Beyond diacritics 35 no. 4 (2005): 70. See also Betsy of Survival: The Translation of Walter Benjamin, SubStance 28 no. 2 (1999): 95 109; and Walter Benjamin, Illuminations ed. Hannah Arendt, trans. Harry Zohn (New York: Harcourt, Brace & World, 1968 ) in Borders and Travellers in Early Modern Europe ed. Thomas Betteridge (Burlington, Vt. : Ashgate, 2007), 113 24.

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136 Here the translation, though necessarily incomplete, continues to culturally link diverse peoples. Thus Benjamin escapes the tough problem of why we should translate items only to fail to grasp their meaning. Other philosophers and literary scholars have approached translation from a definition underpaid, he is p er definition overworked, he is per definition the one history will not really retain as an equal, unles 4 Nevertheless, the translator has a critical role to play. It is this individual that canonizes the original by argui ng that the work is so important that it requires translation. Yet in the process, original from the perspective of a pure language ( reine Sprache ), a language that would be entirely freed of the illusion of meaning 5 A translation, in that language is not owned by any one culture. It is ultimately unstable even for its native speakers. Another key commentator on translation and the mutability of language has been notion of language as a universal code, that there is a n etwork of ideas that unite us. in someone to catalogue knowledge like an encyclopedia, deciding what is acceptable and 4 Yale French Studies 97 (2000): 20. 5 Ibid., 24.

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137 what is not. Comparing literature requires defining what literature is. 6 To Derrida, language belongs to no one; even among its native speakers there is always a sense of tongue as they say, a mother language, and the la nguage is something one cannot appropriate, it is never mine. 7 Yet for all his pessimism, Derrida, like Benjamin, cannot escape the need for translation and communication across cultures. He hopes f to come a 8 How this greatly desired linking of cultures and ideas would occur is not clear, but Derrida cannot imagine language as merely a global Babe l On the surface this literary discussion appears quite esoteric and poetic, a philosophy with little connection to the gritty, practical translation of laws and court room proceedings in which Franz von Lassaulx and Heschel Marx were engaged However, J acques Derrida and others have also applied their theoretical paradigm directly to the issue of the transmutability of law itself. Derrida seamlessly jumps from literature directly to law. Law is an arena that regularly makes claims to universality. If a law is not applicable to all within a community then it can no longer complete its main task, namely the regulation of behavior so that a community can function properly. Yet Derrida points to clear instances, especially in colonial situations, in which the 6 Who or What Is Compared? The Concept of Comparative Literature and the D iscourse 30 no. 1 2 (2008): 41 3, 50. 7 Theory & Event 5 no. 1 (2001): 1. See also The Yale Journal of Cri ticism 16, no. 2 (2003) : 237 262. 8 to Eighteenth Century Studies 40 no. 3 (2007): 453.

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138 application of law goes awry. Colonies face a foreign legal system based in the memory or history of an alien society, thus placing residents at a considerable political and legal disadvantage. 9 Other commentators are even more passionate in their concerns over translating law or moving it from one culture to another. Two hundred years ago, Jeremy Bentham argued, 10 Such concerns hav e continued into the modern era. 11 He argues forcefully against those in the modern European Community who desire a shared law code while ignoring deep differences between legal cultures. Clearly, such assumptions, which rapidly engender a frenetic and hasty search for commonalities that c learly must be there since we wanted them there, propound normalized schemes based on rational and (so called) scientific principles showing small regard for context and none for contingency. confusion between the legitimate desire to overcome barriers of communication across legal traditions and legal cultures, on the one hand, and the alleged need to elucidate presumed similarities on the other. 12 9 3. 10 As qtd. in Barbara Dlemeyer, Heinz Mohnhaupt, and Alessandro Somma, Richterliche Anwendung des Code civil in seinen europischen Geltungsbereichen ausserhalb Frankreichs (Frankfurt am Main: Vittorio Klostermann, 2006), x. 11 n Sandra Bermann and Michael Wood eds., Nation, Language, and the Ethics of Translation (Princeton N.J. : Princeton University Press, 2005), 30 2. 12 Ibid., 33. See also Alan Watson, Legal Transplants : An Approach to Comparative Law 2 nd ed. (Athens, Ga. European Review of Private Law 5 (1997): 5 19 20; and James Boyd White, Justice as Translation : An Essay in Cultural and Legal Criticis m (Chicago Ill. : University of Chicago Press, 1990).

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139 Such a plan, of course, is exactly what Napoleon had intended with the implementation of his own legal code in the first years of the nineteenth century. Equally interesting is who write laws but instead those who apply them using the cultural contexts in which they have been educated. This ascription of meaning is predisposed by the way the interpreter understands the context within which the rule arises and by the manner in which he frames his questions, this process being determined by who and where the interpret er is and therefore, to an extent at least, by what the interpreter, in advance, wants and expects (unwittingly?) the answers to pre judices (in the etymological sense of the term) are actively forged, for example through the schooling process in which law students are immersed and through which they become impressed with the values, beliefs, justifications, and the practical consciousness that allow them to consolidate a cultural code, to fashion their identities, and to become professionally soc ialized. Inevitably, therefore, a significant part of the very real emotional and intellectual investment that presides over the formulation of the meaning of a rule lies beneath consciousness, because the act of interpretation is embedded, in ways that t he interpreter is often unable to appreciate empirically, in a morality, in a culture, and in a tradition, in sum, in a whole ambience 13 Thus law schools, like the one that Franz von Lassaulx led and Heschel Marx att ended, were critical in laying out how laws were conceptualized and put into practice. However, much of this process remained in the subconscious, not readily striking s imilarities that point to an inherent way of thinking that they and their contemporaries shared. Still d ifferences between the two men are also equally important because they highlight the ease with which one could manipulate the new system to fit older p rejudices. Only four years and about 200 kilometers separated their birthplaces. Heschel Marx, second son of Trier rabbi Samuel Marx Levi, was born in 13 Ibid., 35 6.

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140 April 1777 in Saarlouis, a short distance from Trier. He was the younger brother of Samuel Marx, a rab binical member of the Grand Sanhedrin, whose v isit to Paris was discussed in C hapter 2 Franz von Lassaulx, was also born into a local elite family in service to both the Metternichs and Archbishop Clemens Wenzeslaus. Their backgrounds provided both of t hem with obvious advantages as they reached the age in which they chose their occupations. Discrimination against Jews, however, meant that career path could never reach the heights that did, even in the more open social framework of Nap oleonic Europe. 14 After studying briefly in Berlin, Heschel Marx worked first as a secretary for the Jewish consistory in Trier under the authority of his brother Samuel, who naturally would mmunity. However, by 1812 Heschel Marx had become a defense interpreter at the judicial courts in Osnabrck. 15 Though there is no documentary proof, Samuel would most likely have wider, secular society and may have even helped him locate the position. try new career paths and to prove to French authorities that Jews were tr ustworthy as citizens. Who better than his own brother to provide the proper example? Where Heschel Marx learned French or how he got the job are unclear, but it was obvious that he viewed the work as one step toward a future legal career. Eighteen 14 For Heschel Marx see Manfred Schncke, ed., Karl und Heinrich Marx und ihre Geschwister: Lebenszeugnisse, Briefe, Dokumente (Bonn: Pahl Rugenstein Verlag, 1993); and Karl Georg Faber, Zur Biographie von Heinrich und Karl Marx (Wiesbaden: Steiner, 1965). 15 vokatenanwalt Heinrich Marx: die Berufsausbildung eines Juristen im franzsischen Jahrbuch des Instituts fr Deutsche Geschichte 8 (1979): 126 7; and Schncke, ed., 100.

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141 month s after arriving in Osnabrck Marx began preparing for the examination to become a notary, but he soon ran into the bureaucratic roadblock Napoleon had erected with the Dcret Infame Marx needed a citizenship card in order to take the notary exam. Osnabr Marx had not advised Trier authorities of his decision to move, would not grant him the card without a certificate from Trier proving residency. Because he had been in Berlin at the time he would normally have been register ed as a young adult, Marx had n list. Having been born in Saarlouis rather than Trier further complicated the matter. Marx cited a statute that anyone who had lived in a community for a year earned the right to vote and should be registered as a citizen. He protested in vain to Prefect Keverberg in Osnabrck, Thus a Frenchman is robbed of his holy rights, rights that one can only take away by virtue of an explicit law or a legal judgment that would state that he was unworthy. Bec ause of this, the applicant [He schel ] takes for himself the freedom to turn to you, Mr. Prefect, to insistently ask that you cheerfully use your authority to intervene and arrange that he be entered into the citizenship registry for this community so he ca n get his citizenship card that he needs to apply to become a notary. 16 Though Marx did not refer to himself as Jewish in his correspondence, hidden prejudice They could easily manipulate flexible, and sometimes contradictory, laws t o meet their own needs. In disgust, Marx left his job and went to Coblenz in January 1813, where he began studying law at the school now run by Franz von Lassaulx. He also changed his name from the Jewish Heschel to the more French sounding Henry. It wa s not until 16 Heinrich Marx in Schncke, ed. 124.

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142 July 1813 that Henry Marx finally obtained the proper documentation from Trier and Saarlouis and received his citizenship card while in Coblenz. 17 between cul tures provided him a career opportunity that would have been impossible just a few years earlier in the old German archbishopric. Yet just as quickly that opening could be shut down by the manipulation of a new law by narrow minded local authorities. St ill, Heschel Marx soon learned to rearrange the strings of the bureaucratic system himself. Though it took some time to wend his way through the administrative morass, Marx eventually was successful in his efforts to find a path to the legal career that h e desired. Why was Marx granted this opportunity in spite of continuing prejudice? The answer returns us once again to translation and the law. Napoleon was never as strong as he might appear at first glance because he had a need he required as many lo yal citizens as possible to accept the new way of doing things. This issue was more critical in a borderland like the Rhineland in which people had to overcome basic cultural and linguistic barriers. For all of their concern about the impossibility of tr anslation, linguistic scholars like Benjamin, de Man, and Derrida have had to recognize that not to translate empire, whether they were Jewish or not, and Henry Ma rx made a conscious decision to use this need to his advantage. Rhenish translations of French legal ideals had a German cultural sieve, a filter that translators had a modest ability to manipulate. 17 Ibid., 123 8.

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143 The quantity and variety of historical works that examin e the issue of cultural translation on the German/French border during thi s period has been impressive. Examinations of newspapers, the book trade, business, Napoleonic elites, and the formation of scientific linguistic societies all highlight the importa nce of physical and intellectual trade across cultural boundaries. Several items are worthy of note here. First, border communities were much richer arenas of cultural exchange and typically had more interest and need for bilingualism Second, as could be seen in C hapter 2 Paris visitors, up until 1800 France was clearly the dominant player in the German French relationship. However, German intellectuals had begun to be seriously challenge that supremacy by the mid nineteenth century as they developed a national culture that was not entirely dependent upon the French. 18 What happened in the Rhineland during the Napoleonic era was important in helping bring about this shift. Despite border ties, linguistic differences were a considerable hurdle when t he French took over the Rhineland. The law courts were probably the most critical linchpins in the Napoleonic administration because they were where the government directly interacted with people. Not only did criminals come in contact with the law, so t oo did citizens wanting to register births, deaths, and marriages or settle private and public disputes. However, accounts from early in French rule in the Rhineland 18 bedingungen zwischen Deutschland und Frankreich. Konjunkturen in der wechselseitigen Berichterst attung beider Marianne Germania. Deutsch franzsischer Kulturtransfer im europischen Kontext 1789 1914 (Leipzig: Leipziger Universittsverlag, 1998); Frdric Barbier, in Etienne Franois, ed., Marianne Germania. Deutsch franzsischer Kulturtransfer im europischen Kontext 1789 1914 (Leipzig: Leipziger Universittsverlag, 1998); and Karin Angelike, Matthias Beermann and Ren Nohr, Jrgen Lsebrink and Rolf Reichardt, eds., Kulturtransfer im Epochenumbruch: Frankreich Deutschland, 1770 bis 1815 (Leipzig: Leipziger Universittsverlag, 1997).

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144 emphasize the huge challenges that they faced. Though the French began attempting to get the courts to use French from the time that they took over in 1794, it was not until 1803 that they had any real success. French officials began at a serious disadvantage because of th e large number of German judges and lawyers who fled across the Rhine, leading to an edict forbidding those with legal positions to abandon their posts. 19 There also previously had been over 95 overlapping jurisdictions in the Rhineland that had to be thoroughly reorganized. The German justices who remained, the only ones w ith enough knowledge of local affairs to be of use, often did not know French, much less the plaintiffs and defendants that appeared before them. By 1805 all legal proceedings were being recorded in French, but German translators were still offered to som e participants. 20 However, Rhinelanders continued to complain bitterly, and rightfully so, that they were at a distinct disadvantage in the courtroom in a system that supposedly guaranteed freedom before the law. One justice of the peace argued that the issue of language injured the state because it ruined the openness of the court and took away from citizens the right to immediate self expression of their arguments. Witnesses had no proof that their testimony was being translated properly. Whereas uppe r courts could operate more easily in French, lower courts suffered without proper translators. Even those Rhenish citizens who were not part of criminal or civil trials regularly came 19 As cited in Mar cel Erkens, Die franzsische Friedensgerichtsbarkeit 1789 1814 unter besonderer Bercksichtigung der vier rheinischen Department (Cologne: Bhlau, 1994), 137. 20 Ibid., 160 1 + 204 5. See also Howard Blackenburg, The Extension of the Code Napoleon into Germany. ( Ph.D. diss., University of Wisconsin Madison, 1931), 112; and Barbara in Barbara Dlemeyer, Heinz Mohnhaupt, and Ale ssandro Somma eds., Richterliche Anwendung des Code civil in seinen europischen Geltungsbereichen ausserhalb Frankreichs (Frankfurt am Main: Vittorio Klostermann, 2006), 2 3

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145 in contact with notaries in order to register births, deaths, marriage s, and testaments in French. Translation of last wills was among the most critical notary tasks and judging by the large number of wills suddenly filed after the Prussians took over again in 1814, Rhinelanders did not trust French administrators to do it properly. 21 Even Franz von Lassaulx, one of the staunchest defenders of French law in the Rhineland, recognized that Rhinelanders were at a distinct disadvantage in the assessment of testaments in French courts because German testaments were only valid in the presence of French translations. He advised testators to be especially careful to follow French form when they wrote their wills, making sure that all participants (the maker of the will, notary, and witnesses) were in complete agreement when the wil l was signed. 22 Key desires and cultural meanings could be too easily lost in translation. Yet for all these challenges, many Rhinelanders did accept the new French system and flourished under it. Why? Again, several issues were at work. One, of course, was the forced flexibility of French administration due to its linguistic problems. A citizen could easily blame lack of understanding for not following an edict, and the French often could do little because they were so dependent upon local cooperation. New standards had to be introduced slowly for fear of alienating the population. An official document written at the time of annexation cautioned, 21 n den rheinischen in Hans Jrgen Lsebrink and Rolf Reichardt, eds., Kulturtransfer im Epochenumbruch: Frankreich Deutschland, 1770 bis 1815 (Leipzig: Leipziger Un iversittsverlag, 1997), 260 80; and Landesarchivverwaltung Rheinland Pfalz, 200 Jahre Code civil im Rheinland: Eine Ausstellung der Landesarchivverwaltung Rheinland Pfalz (Coblenz: Verlag Landesarchivverwaltung Rheinland Pfalz, 2005), 88. 22 und Erbrechtssachen Dlemeyer, Heinz Mohnhaupt, and Alessandro Somma, eds., Richterliche Anwendung des Code civil in seinen europischen Geltungsbereichen ausserhalb Fr ankreichs (Frankfurt am Main: Vittorio Klostermann, 2006), 160 9.

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146 The introduction of every French law in a land which not only differs from France, but which contains with in itself areas with varying customs and laws, must no longer be attempted without consideration, nor enacted with violence and precipitation! Changes in the law must be preceded by education, by persuasion, and with the authority provided by positive exa mples. 23 Though these lofty ideals were not always put into practice, the French recognized how careful that they needed to be which gave their Rhenish subjects some minor advantages. Yet there were other reasons for some people accepting Napoleonic law. One of with the introduction of a foreign law code writt en by outsiders. Only a few hundred years previously, Roman law had been formally introduced into the Holy Roma n Empire. It had been readily accepted because of the advantages that it offered. Roman law emphasized local sovereignty, promoted a legal hierarchy with lawyers at the top, and helped better systematize the courts. Rhinelanders had become used to using Latin in written court documents, so switching once more to French may not have been seen as a large change for some. 24 However, Roman law as practiced by the Holy Roman Empire had also been tremendously confusing. Though the emperor created the Reichska mmergericht in 1495 as an appeals court to solidify his legal authority, at the time of the French Revolution, Germany consisted of about eighteen hundred separate sovereign states, principalities, cities and signatories. It is true that less than four hu ndred 23 As qtd. The Historical Journal 42, no. 3 (1999): 647. 24 Stein, 264 + 284; and d Travellers: The Tightening of City Borders in Early Modern Germany Borders and Travellers in Early Modern Europe (Burlington, Vt. : Ashgate, 2007), 104 5.

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147 had an appreciable territory and that only about one hundred had even a history. Still, there were those independent, unfettered powers for the making and undoing of laws customary, feudal, Roman, or Canonical. 25 In the Rhineland alone there were o ver 100 competing legal entities with overlapping jurisdictions. The coming of Napoleon straightened out these lines of power and brought stability. 26 As had been true when Roman law was introduced, there were critical economic and social rewards for collaborati n B usinessmen and government officials worked in conjunction with one another to achieve mutual framework in which men compete; t regulations, or just into habits or customs, of the equilibrium achieved among the 27 Napoleon could not have succeeded in the Rhineland or elsewhere without providing an economic balance that people already wanted. Though they lacked any real political power and found their positions increasingly usurped by older elites as time went forward, a very important new bureaucratic class, including both Henry Marx and Franz von Lassaulx, emerged to 25 The German Civil Co de. (Das Brgerliche Gesetzbuch ) Sources. Preparation. The American Law Register (1898 1907) 50, no. 12 (Dec. 1902): 707. 26 644 5. 27 Napoleon and H is Times: S elected Interpretations (Malabar, Fla. : Robert Krieger Publishin g, 1989), 278. Other works on the impact El imperio napolenico y la nueva cultura poltica europea ( Madri d : Centro de Estudios Polticos y Constitucionales, 2011); and Keith Michael Baker, Colin Lucas, Franois Furet and Mona Ozouf eds., The French Revolution and the Creation of Modern Political Culture 4 vols. ( Oxford, UK: Oxford University Press 1987 9).

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148 On the Rhine, as on the Loire, the politics of social assimilation took the old with the new, the rough with the smooth, the good with the bad, and produced its own blend. Notability during the E mpire was not an essence of honour, and less still a moral essence. It was above all a sign of public prominence, of material substance, of duty, if not always partisan loyalty. 28 T hese new elites were above all pragmatic and willing to do what was necess ary to climb to social prominence. The emperor also established commercial law courts and labor boards that Rhenish businessmen gravitated toward because they granted locals considerable authority in resolving their own disputes. Finally, h e reformed arc haic business practices that had limited merchant freedom to operate and make the greatest profit. These efforts, coupled with the connections to the international French empire, meant that older and newer elites had few reasons to reject Napoleonic law. 29 The judiciary was particularly attractive to Rhinelanders seeking influential positions. Napoleon filled the judicial ranks with a combination of former officials from the archbishopric, former republicans seeking a new start and an emerging wealthy cla ss. Rhinelanders dominated these legal posts, especially in the lower judiciary. Citizens trusted the efficient criminal and civil courts because fellow Rhinelanders dispensed justice equitably, kept severe crimes to a minimum, and were occasionally leni ent in cases of popular illegal activity like smuggling. Such institutions protected 28 Lucas, eds., Beyond the Terror: Essays in French Regional and Social History, 1794 1815 (New York: Cambridge, 1983), 266. 29 Jeffry Diefendorf, Busine ssmen and Politics in the Rhineland, 1789 1834 (Princeton N.J. : Princeton Univer sity Press, 1980), 165, 205 7. For a discussion of older versus newer elites in the Napoleonic Rhineland see Roger Dufraisse, (Bonn: Bouvier Verlag, 1992), 409 48. Dufraisse places Lassaulx among the new elite group because of his youthful, but Lassaulx could also be put in the older elite

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149 local interests and made requests by the French Empire like higher taxes and conscription seem a little less burdensome, at least to elites. 30 Thus Henry sion to become a notary, as well as his later one to study law, were obviously led in part by an administrative void that desperately needed filling in addition to his own willingness to try and prove himself on a new playing field. The heights that one could reach by taking such a career path, if one were talented and in the right place, are exemplified in the case of Franz von Lassaulx. As was the case with Marx, it is impossible to say where Lassaulx learned French, as it was not a language that he wa s taught in school. He may have picked it up from French troops residing in his household from the early 1790s. By 1797 young Franz was already connections as a lawyer. which soon became an official press for the French authorities and was also part of efforts by local Jacobins to found a Cisrhenian republic. As the French administration became increasingly bureaucratic in 1798, Lassaulx found himself in a similar position to Marx was his age that was a problem. He was only 17, not the required 25 years old, and the court refused am satisfied that your court, whose exceptions are so great in number, has a law [that would allow me t 31 Laws, Lassaulx realized even from this young age, could 30 53 + 672. 31 Franz von Lassaulx, 25 August 1798 letter to Criminal Tribunal, Rhin et Moselle department in Just, 215 6.

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150 be manipulated to serve individual needs. The desperation of French authorities to find qualified translators was quite evident when they agreed to keep paying him for his work while con tinuing to claim that his employment was illegal. 32 For his part, the young Lassaulx clearly saw politics and the law as critical for expressing his own views and securing a future for himself. He was heavily involved in politics, including a brief stint as municipal secretary, but he became increasingly disillusioned with the coming of Napoleon. Yet, even at this early stage, the spinning assortment of new values swirling around Franz von Lassaulx had begun to influence his thinking, swaying him back and forth between rejecting and accepting what the new French regime offered. By the time that Napoleon had come to power, Lassaulx was already willing to translate some Napoleonic propaganda. He befriended Charles Franois Philibert Masson, a French poet se rving as secretary to the prefect. Lassaulx translated and printed some of To give their law to the astonished people He pushes himself into the arena of kings His flaming glance, before which all monarchies tremble Bleaches the diadem that makes his chest glow. Their path he has flown over in one step, And the barriers in front of him he has pulled down That restricted natural rights. Rights also belong to the weak Who yield to the laws of the powerful That looks after everyone 32 Ibid., 33, 41, 48 50.

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151 And the freedom tree gives the persecuted protection. 33 someone so suspicious of Napoleon and his motives even consider transl ating such a glowing review of someone bent on power? The answer lies in the second and third stanzas in which Masson emphasizes law and the ways in which Napoleon was using it to bring about some sense of social equality This point would ultimately be the one that Franz von Lassaulx would fix himself to: practical law as the means of bringing about long imagined dreams. Lassaulx balanced running a successful print shop with studying law over the next several years. Because of the political upheaval an d new borders, there was nowhere for him to study S o Lassaulx probably a tutor. He had already opened a law office with a former municipal president in late 1801 at age 20 but he did not formally pass his law exam until over a year later When the enactment of the Code Napolon began in 1803, Franz von Lassaulx saw another opportunity for himself. Even before printing of the Code began, he made plans to translate it into German. He, Hei nrich Gottfried Daniels and Peter Franz Cremer first translated portions of the Code civil in their dual language publication Bulletin des lois. By Easter 1805, Lassaulx was publishing his own translation. He was rapidly rewarded for his efforts. One ye ar later he was named 2 nd chair of civil law at the law school Napoleon was opening in Coblenz. In 1810, at less than 30 years old, Lassaulx found 33 Charles Franois Philibert Masson, Die Grndung der Republik. Ode von F. Lassaulx nach der franzsischen des Brgers Ch. Fr. Philibert Masson, Verfassers der Helv etier, welche den vom National Institut von Frankreich ausgesetzten Preis der Dicht Kunst erhalten hat (Coblenz: Lassaulx, 1802), 9.

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152 himself dean of the school. He continued to translate various additions to the Code and publish legal comme ntaries for the rest of his career in Coblenz. 34 That Franz von Lassaulx attached himself to something as transformative to society as the Code Napolon is telling. It put him at the center of vicious debates about the nature of legal reform and the langu age used to express it. The French had been planning to rewrite their legal code since 1789, but until Napoleon made legal reform a priority upon coming to power in 1800, nothing was really accomplished. The 1804 Code Napolon was the most important of h is legal reforms, but commercial, penal and several other minor codes fol lowed. 35 It is clear that Napoleon did not merely institute the freedoms championed in the French Revolution and remake all social distinctions, but also carefully culled those princ iples that he believed would bring about a stable society. As Howard Blank enburg it was neither a revolutionary work, n or the product of an arbitrary will, nor a philosophical system; but rather the result of the progressive develo pment of the law manifested under a new form in order to be in relation with new 36 Thus the Code institutionalized and sheltered 34 Just, 51 62, 100 3, 126 7, 134 6, 179 81; Dlemeyer, 3; Blackenburg, 124 7; Luitwin Mallmann, Franzsische Juristenausbil dung im Rheinland, 1794 1814: Die Rechtschule von Koblenz (Cologne: Bhlau, 1987), 74 83, 97 100, 136; Helmut Festschrift fr Franz Wieacker zum 70. Geburtstag (Gttingen: Vandenhoeck & Ruprecht, 1978), 201; and Landesarchivverwaltung Rhineland Pfalz, 200 Jahre Code civil im Rheinland 80 96. 35 Despite its obvious importance in the legal history of Europe, the Napoleonic Code has not always received a great deal of historical attention in German or English publications, in part due to a nationalistic to change in more recent years. See Elisabeth Fehrenbach, Traditionale Gesellschaft und revolutionres Recht: Die Einf h rung des Code Napolon in den Rheinbundsta a ten (Gttingen: Vandenhoeck & Ruprecht 1974), 9 10; and Werner Schubert, Franzsisches Recht in Deutschland zu Beginn des 19. Jahrhunderts: Zivilrecht, Gerichtsverfassungsrecht und Zivilprozerecht (Cologne: Bhlau, 1977), 9 10. 36 Blackenburg, 81.

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153 the connection between the new business class and the government, solidifying the hold of both groups on power. Isabell Hull describes this reform in terms of how the new laws carefully divided society into state and civil compartments that acted in conjunction with one another. The paradox of the strong state creating and guaranteeing t he non state political principles; civil codes redrew the relations among individuals and inside families within civil society; criminal codes sharply delineated the circumstances unde r which the state might use its monopoly of violence against individuals. Laws drew the line between state and society and ordered their mutual relation. 37 T he secularization of society and equality before the law were confirmed and feudalism was abolished Yet, m uch of the Code focused on protection of the interests of male property holders. Many groups including women, children and laborers lost legal protections that they had had previously. In the case of workers, new classifications meant that their rights, which had never been formalized now could easily be ignored. 38 The introduction of the Code Napolon into Germany reverberated throughout society for decades and directly impacted the direction that the German nation would take. Yet at the begin ning, it was not at all clear that anyone would be interested in power throughout Europe was shown through the coerced implementation of his Code. As one commentator has as a weapon, namely as the means to internal immediate connection of conquered 37 Isabel Hull, Sexuality, State, and Civil Society in Germany, 1700 1815 (Ithaca N.Y. : Cornell Uni versity Press, 1996), 335. 38 Dlemeyer, Heinz Mohnhaupt, and Alessandro Somma, eds., Richterliche Anwendung des Code civil in seinen europischen Geltungsbereichen ausserhalb Frankreichs (Frankfurt am Main: Vittorio Klostermann, 2006), 130 5; Godechot, 280 7; Blackenburg, 72 3, 77 87, 96 8; and Hull, 371 5.

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154 39 In trying to convince the rest of Germany to accept the Code, Franz von 40 Napoleon did not allow for much debate or compromise with anyone who did not see a need for legal reform. Introduction of the Code Napolon into Germanic lands was as much a cultural battle as it was a political one because of the large number of concepts that were alien to Germanic Roman legal traditions. Two areas were of particular concern because they were seen as so vital to daily life: inheritance rights and family law. Debates over these issues were where it was most obvious that the state was mor e willing and able to interfere in civil affairs than ever before. Most controversial, and confusing, was the problem of inheritance. One can observe just how important inheritance was by looking at the large number of dissertations on the topic at Lassa Students were most likely to choose topics that everyone was discussing, and most dissertations were case studies of individual inheritance cases comparing how they would be handled in Roman versus French law. 41 39 Landesarchivverwaltung Rheinland Pfalz, 200 Jahre Code civil im Rheinland 100. 40 Georg Da teutschen Staaten, veranlat durch eine von Hrn. von Almendingen in gegenwrtiger Zeitschrift (36tes Heft S.46.u.f.) an die Unterzeichneten gerichtete Aufforderung D ie Rheinische Bund 16 (1810): 9; and Coing, 207. 41 Mallman, 116 7; Godechot, 280 7; Blackenburg, 72 3, 77 87, 96 8; and Hull, 371 5 Another issue over which French and German legal traditions differed was how they defined public order. See Hans Peter Hafe Dlemeyer, Heinz Mohnhaupt, and Alessandro Somma, eds., Richterliche Anwendung des Code civil in seinen europischen Geltungsbereichen ausserhalb Frankreichs (Frankfu rt am Main: Vittorio Klostermann, 2006), 110 26. See also Jahrhundert zwischen gemeinrechtlicher Tradition und franzsischen Recht Heinz Mohnhaup t und Dieter Simon, eds., Vortrge zur Justizforschung vol. 2 (Frankfurt am Main: Klostermann, 1993), 285 302; and Antonio Grilli, Die franzsische Justizorganisation am linken Rheinufer 1797 1803 (New York:

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155 The French made drastic changes in a number of inheritance areas that needed translation and explanation in a German context. Germans were particularly unhappy about the disinheritance of illegitimate children in the Code. Many also feared new laws that demanded dividi ng inheritance among multiple heirs rather than giving everything to the oldest son. The French, of course, were aiming at creating more equality, but Rhinelanders and others, especially farmers, worried that the continued division of property among their heirs would lead to poverty. Though better husbandry and lower birth rates actually prevented this from happening, at least in the short term, it was something many Germans had difficulty accepting. 42 German nobility also had trouble dealing with new law s that sought to demolish their political and economic authority not only through divided inheritance but also by getting rid of their traditional rights that they supposedly held in perpetuity. The wealthy fought hard against these constraints. Those el ites whose power was based in land had less success, but overall the group was able to retain some of their local authority until the Prussians arrived and reasserted social distinctions. 43 The Code Napolon also had multiple foreign ideas regarding famil y law and opened up German society to a different understanding of morality, especially in P. Lang, 1999). 42 den buerlichen Grundbesitz in and Mathais Schmoeckel, eds., 200 Jahre Code Civil : Die napoleonische Kodifikation in Deutschland und Europa (Cologne: Bhlau, 2005), 18 44. 43 Daniel von Mayenburg and and Mathais Schmoeckel, eds., 200 Jahre Code Civil. Die napoleonische Kodifikation in Deutschland und Europa (Cologne: Bhlau Verlag, 2005), 129 14 2. On some inheritance issues the Code was a clear improvement over Roman l aw and was recognized as such. For instance, the Code allowed the relatives of any solider missing in action to divide his property among those whom he had left in charge of it rath er than having to wait 10 0 years as Roman law required. 133 4.

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156 regards to divorce and marriage annulments. Germans saw marriage in strict, unchanging terms and the Code did not do enough to define the specific obligations that the marriage contract imposed. Divorce, in particular, was a new idea and just how it worked was unclear. Germans were especially confused about divorce cases concerning abuse. The new law ordered a cooling off period between husband and wife of one yea safer location. The law was vague on whether husbands would be allowed to appeal inevitable. Ult imately Germans were more interested in possible reconciliation than problematic. In particular, Germans, including Franz von Lassaulx, were uncomfortable with the requirement s for cases of annulment for reason of sexual incapacity. The French believed that in such cases physicians should examine the women to prove they were deformed. Germans thought such testing was scandalous rather than necessary. 44 Implementing the Code in the rest of Germany would prove a drawn out battle that part of France, like Coblenz and Trier, were the only ones that accepted the Code in its entirety during Napoleon (1794 Allgemeine Landrecht fr die Preussischen Staaten ) and Austria (1812 Allgemeines 44 7, 140 1 + 168 ; Dlemeyer, Heinz Mohnhaupt, and Alessandro Somma, eds., Richterliche Anwendung des Code civil in seinen europischen Geltungsbereichen ausserhalb Frankreichs (Frankfurt am Main: Vittorio Kl ostermann, 2006), 173 93

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157 Brgerliches Gesetzbuch ) in particular, which were also models for modernizing antiquated legal structures in the r est of Germany. Multiple factors played into regional decisions in favor of accepting or rejecting Napoleonic ideals. Most areas chose a careful middle road that gave them the freedom to cho o se the parts of the Code that suited them best. Regions with p reviously liberal leadership, considerable recent administrative structure were the ones most likely to use more of the Code. In addition to being part of France, Coblenz and Trier also had many of these other characteristics making the area a prime territory for easier Code acceptance. 45 Napoleon was able to push for implementation of the Code most heavily in the areas of which he had some authority, in particular, the Confed eration of the Rhine. In 1808 9 Ludwig Harscher von Almendingen, a well respected legal expert from Nassau, organized and hosted a conference in Gieen of all the territories of the Confederation of the Rhine to prepare them to accept the Code Napolon Franz von Lassaulx advised Almendigen, but it is not clear if he was in attendance at the conference. Though in agreement over the necessity of implementing some form of the Code, Almendingen and Lassaulx disagreed strongly over how to do so. Almendingen wanted each area to be able to adapt the Code as they saw fit, while Lassaulx argued for a single version that would better bring together different legal traditions. 46 45 T.T. Arvind and Li eception of t he Code Napoleon in Germany: A F uzzy S et Q ualitative C omparative A The Journal of Legal Studies 30, no. 1 (2010): 1 29. 46 Fehrenbach, Traditionale Gesellschaft 31, 121 2; and Schubert, Franzsisches Recht 59 60, 298 + 346 7.

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158 Westphalia an the first to try to enact the Code. elements of the Code that he wanted to use, leaving in place things like obligatory commun ity service for former serfs and large noble estates that kept powerful groups happy. In Berg the Code was introduced slowly with lots of time between its publication and its enforcement to allow people to become familiar with it. Other states within the Confederation of the Rhine followed suit. Hesse Darmstadt also introduced a version of version of the Code had the most differences from the original and permitted r eigning princes to retain upset by Code provisions that ignored older i nheritance rights, were more lenient toward adultery, and refused to track down illegitimate fathers. Bavaria took yet another approach in agreeing to implement the French penal code rather than the Code Napolon Bavarian reformers like Anton Feuerbach used French ideas to create a separate sphere for civil society, though reformers of later generations seriously wa tered down his ideas. 47 the German people. Not 47 Blackenburg, 179 88, 195 209, 231 43, + 28 9 91; Hull, 335, 356, + 377 8. See also Heinz Otto istoire Moderne et Contemporaine 17, no. 3 (July September 1970): 897 912; August Wilhelm Rehberg, ber den Code Napoleon und dessen Einfhrung in Deutschland (Ha nover, 1814); and Elisabeth Fehrenbach, Die Kampf um die Einfhrung des Code Napolon in den R heinbundstaaten (Wiesbaden: Steiner, 1973). For an interesting comparison see, Alain Wijffels, Balancing Rationality and Tradition: The French Code civil and the Codification of Civil L aw in the Netherlands, 1798 1838 (Bru ssels : Bruylant, 2004).

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159 only did Lassaulx translate all the various parts of the Code and the criminal and commercial variations that followed, he also edited several legal journals that commented on the Code and how it was to be used. The most important of these, the Journal fr Gesetzkunde und Rechtsgelehrsamkeit had other contributors but Lassaulx 48 of the most recent legislation, followed by contributions by various legal scholars and descriptions of some current civil and criminal cases, especially local ones of interest to readers. Other publications, like the Handbuch fr Vormnder oder Unterric ht ber die Verrichtungen dealt with much more specific issues. It explained certain legal principles regarding the 49 The family court would now supervise guardians to make s ure that they did not abuse their power. Whereas some might have hesitated to give the courts such great authority, Franz von Lassaulx 50 For Lassaulx, translation went hand in hand with explanation, and ultimately defense, of Napoleonic principles. The stickiness of the issue of translation and new law codes is readily apparent here. Lassaulx recognized that without interpretation laws were nothing bec ause edicts and law codes were not mere words on a page. Instead, laws were interwoven into the culture and when they were changed they had to be carefully knitted into the existing fabric. 48 es Herausgebers, Journal fr Gese tzkunde und Rechtsgelehrsamkeit 1 no. 3 (1804 5): 190. 49 Franz von Lassaulx, Handbuch fr Vormnder oder Unterricht ber die Verrichtungen, welche Vormnder und Kuratoren nach dem kodex Napoleon zu versehen haben (Coblenz: Pauli, 1807), 14. 50 Ibid., 53.

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160 This need to explain and defend the Code Napolon was a driving force in Franz pamphlet, ber die unterscheidenen Charactere des Code Napoleon which appeared in both French and German editions in 1811. Interestingly, the French pam phlet version appeared first, but Lassaulx based it upon his previous German commentaries on the 51 He focused on comparing the Code directly with the Rom an laws 52 The French pamphlet was popular enough for a German translation in Hamburg by law professor U.C. Wolters who saw a need for the rest of Germany to at least u nderstand the basic principles of the Code and how it was supposed to work in the courtroom. much better position than some others, to judge correctly and without party this large 53 Still, completely enthusiastic and clearly placed Lassaulx in the French rather than in the German camp. For Wolters writte n to explain it 54 and the pamphlet tried to combine theory and practice of the Code. Here 51 Franz von Lassaulx, Des Caractres distinctifs du Code Napolon (Paris: Duminil Lesueur, 1811), 2. 52 Ibid., 3. 53 ber die unterscheidenen Charactere des Code Napoleon (Hamburg: Friedrich Perthes, 1811), v. 54 Ibid., vi vii.

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161 the role of the translator was reversed, with Wolters now being given room to in terpret somehow lost. Indeed, though most of Fr s translation and commentary was fairly colorless with few emotive detai ls, sections of the ber die unterscheidenen Charactere provide a richer portrait of his own thoughts and willingness to defend the Code Napolon convinced through such an examination of the advantages of the new laws and learn to 55 supposed lack of systematic organization, the difficulty of putting the Code into practice, and its apparent contradictions were all unimportant in the lig ht of its most critical duty 56 57 in the complicated world of law. To Lassaulx, Roman law, for all its historical advantages, had become corrupted at the hands of the multiple competing jurisdictions th at made up the old German legal system. I connect myself to candidness and say that the best idea that this [Roman] in my opinion more than once became distanced without proper grounds from the order that instructs every material of the civil code. 58 Again, what impressed Franz von Lassaulx to bring stability out of chaos and disorder. At another point, he labeled the Code as 55 Lassaulx, ber die unterscheidenen Charactere, 9. 56 Ibid., 12. 57 Lassaulx, Des Caractres distinctifs 93. 58 Lassaulx, ber die unterscheidenen Characte re 33.

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162 59 served the same purpose. Language and the law were straightforward tools in the young Germ implements that he could use to help mold a new German society that was more settled and structured. Yet to reach that comfortable zone of peaceful acceptance of the law, one had to use language and translation to eradicate any serious d ifferences, just as Pierre this process was not as smooth as the Coblenz law professor would have hoped because cultural and linguistic differences were so great. 60 Franz v on Lassaulx translation of the Code was never well received. When Napoleon tried to establish his version of the Code was not considered good enough and local administ rators asked for something more official. Other translations were much closer to the spirit of the original. 61 Lassaulx had a number of downright vitriolic reviews. One particularly nasty and groundless 62 Unluckily, it was not just one disgruntled reader. No author could easily endure such a torrent of bad press. Some asserted th at his 59 Lassaulx as qtd. in Fehrenbach, Traditionale Gesellschaft, 76. 60 For an in depth discussion of the lack of German familiarity with French legal precepts see Schubert, Franzsisches Recht, 66 8. 61 Blackenburg, 174; and Schubert, Franzsisches Recht, 67 8. 62 Just, 196.

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163 s 63 Many reviewers complained about tators and other German legal codes. 64 One critic even went so far as to 65 Much of this criticism was no doubt related to nascent German control to keep it that way as long as possible. These concerns transformed easily into attacks upon anyone attempting the politically imperative but dangerous, act of translation. Indeed, Lassaulx himself presumed that his reviewers made little attemp t to understand his work and were prejudiced against him. 66 The sharp criticism stung the mild mannered Lassaulx to the core and caused him to vigorously assert his own German patriotism. No one could be more receptive to fair criticism as myself, but the insulting tone of your answer to my last commentary in the J enaer Lit eratur Zeitung has made me so irritated that I cannot refrain from making a few answering 63 Ibid., 181 2. 64 Ibid. 65 Ibid., 196. 66 Ibid., 197.

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164 borrowed plumes. Even more it hurts me that you threw this up at me in an open paper. 67 much he did not want to admit it, the Code Napolon defend had not arisen on German soil. The feathers of one bird could simply not be placed onto another without it looking somewhat bizarre and unnatural. Lassaulx could not easily force his fellow Germans to see otherwise. His professorial attitude did not help matters and at times he sounded condescending. Though Lassaulx and his fellow law professor Georg Daniel Arnold 68 the ir tone often preached superiority. They viewed themselves, region incorporated not long ago, where we ourselves were witnesses and at time participants in similar changes as public instructors of th e new French civil law, now also transferred to Germany .. 69 Lassaulx even went so far as to claim that his German audience were like the childish French before the Revolution and that he could help ove all the Germans appear to us to be young Frenchmen. We still hold the German motherland in honor and want to 70 Though he often claimed that he 67 Ibid., 232. 68 Arnold and Lassaulx, 5. 69 Ibid., 3. 70 Just, 233.

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165 wanted to be treated as the equal colleague of his fe llow law professors in Germany, his translations put him in a position of power that did not go over well with those he attempted to influence. Much of this debate centered around the critical nexus of universalism versus burgeoning national identity that was inherent in the early nineteenth century and the Code Napolon itself Germans outside of the new French states saw the forced implementation of the Code as further proof of their weakness and feared losing even more of their autonomy. 71 Lassaulx view ed the Code quite differently since it provided a new system whereby 72 Judges would no longer be able to rule arbitrarily and decisions made by one court would be much less likely to be overturned by another. 73 Commentators, however, attacked him on this very point about the universality of law. They agreed 74 However, they did not necessarily feel that Lassaulx had the best civil law is incontestable, and th e practices, the uses and the habits of a nation 75 71 Franzsisches Recht 1 11 + 237 8. 72 Annalen der Gesetzgebung Napoleons 1, no. 1 (1808): 170. 73 Ibid., 169 71. 74 Just, 197. See also Fehrenbach, T raditionale Gesellschaft 163. 75 Ibid., 183.

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166 76 What Lassaulx was mi ssing was flexibility, a recognition that law was not written on an immortal stone tablet but instead had to be practical and sometimes even willing to negotiate This rigid attitude was most apparent in an article that Lassaulx wrote in 1808 for another o f his journals, Annalen der Gesetzgebung Napoleons. In the piece he argued for the complete, unaltered acceptance of the Code by the other German states. It lays in the nature of mankind to love the old and to not want to separate oneself from the forms in which one has been raised. If, however, he has once decided to renounce his old traditional costume would it not be more advisable to fully adopt the new, whose individual components are all connected, instead of ripping a new skirt into many folds in order to hold onto some badly passing nearby parts of the previous clothing? 77 robes 78 but Lassaulx feared tearing the clothing to pieces rather than allowing it to have nuance or threads of a different color. If each individual German land printed their own 79 Again, avoiding chaos was L assaulx, however, went further than this less than open perspective. In his most shocking statement of all, he felt that the Code Napolon should remain in French rather than be translated into German. 76 Ibid. 77 78 Benjamin as qtd in Bishop, 69. 79

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167 Should one have the French text by itself or also set tle on an official translation? I think that it is advisable to recognize only the French text as law because in the case of deviations the translation can never receive the advantage over the original. Also even with the most carefully prepared translat ion chicanery still has room to operate, liking these or those words, narrower or wider to support an appropriate sense of the French original. 80 At first glance, this declaration seems a full scale repudiation of his own work in translating the Code. It recognized that all translations could be manipulated within the hands of their translators to create the message that the translator, rather than the original author, sought to portray. Here Lassaulx is in full agreement with present day literary scholar ship. It is also interesting that he so willingly applied such a harsh judgment to law itself. Why was Lassaulx so willing to put down his own work? The answer came in the next few sentences. The objection of the lack of familiarity with the French la nguage among German businessmen reduces itself before the hand of temporary inconvenience, which is easily remedied by the quantity of translations that we already possess and of which one would have to recommend the best for excellent use. For the future it is omitted completely since rulers can probably demand with so much right that a businessman just starting out prepares himself to understand the Codex Napoleon in the French language as earlier he had to understand judicial digests in Latin. 81 In Lass citizens of France but also for all those Germans residing within the wider French sphere of influence Thus the Code, even in another language, could easily act as a brid Germans that precious unity of legislation, that so long desired national ligament of 80 Ibid., 174. 81 Ibid. Other German legal scholars did feel that the Code did not necessarily have to be translated but none were as optimistic about the ease with which people could co me to understand its contents. See Schubert, Franzsisches Recht, 346 7.

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168 uniform legislation in part, which could prevail as the most beneficial and lasting result 82 Translation was merely a stopgap measure on the greater road to national integration and peace. Lassaulx saw the question as one of education rather than translation. If all people understood French at least as a sec ond language, then the Code Napolon would be sim ple to comprehend and use. With its linguistic thread of Church Latin, t he medieval and early modern Christian past could be an easy model. Roman law had been practiced in Latin, could not French law be us ed in a similar manner? Other German legal experts made similar arguments. Thus the inherent difficulty of translation misunderstanding due to the slippery nature of language would disappear when all citizens were educated within the same cultural fr amework. Indeed, Lassaulx would appear to have readily agree d through the schooling process [students] become impressed with the values, beliefs, justifications, and the practical consciousness that allow them to con solidate a cultural 83 However, whereas Legrand sees this as prob lematic, Lassaulx did not. Another difficulty that Lassaulx did not comment upon was the social distinctions that would be solidified by law codes in two languages. In 1810 Johann Anton Ludwig Seidensticker argued in the Jenaischen Allgemeine Literatur Zeitung that, The C.N. is however to be Germanized, so that the translation will be clothed with judicial reputation lawyers, but the translation is for the people. If the C.N. is not nationalized linguistically so must the nation itself be even nationalized linguistically 82 Lassaulx and Arnold as qtd. in Schubert, Franzsisches Recht, 347. 83 Legrand, 33. See also Dlemeyer, 9.

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169 i.e. they must disabuse their native language and take the French language or then it must have laws that it does not understand, in whose language it does not speak... 84 Lassaulx ignored this challenge and i nstead plunged himself completely into the task of creating just such an educated community separate from the people that would not need translation to understand one another. It was within this collegial setting that Lassaulx would come into direct contact with Henry Marx. The French Revolution had upended the university system in the French Rhineland as well as the rest of France. When law schools at Bonn, Cologne, Mainz and Trier closed, there was no place to receive a formal legal education in the Rhineland from 1798 unt il 1806 Young lawyers like Franz von Lassaulx learned on the job, from their relatives already in the field, or a number of very small private schools that appeared. The task of rebuilding a new legal education system was particularly challenging becaus and French law schools had previously been known for how easily one could buy a degree. Plans for a new higher education system began in 1802, but it was not until 1804 that the organization of twelve law schools throughout France commenced. In 1806, three border in Brussels, Strasbourg, and Coblenz. Considering that Rhenish law schools had previously been centered elsewhere, Coblenz made an interesting choic e. French authorities wanted to make a fresh start by choosing a new Rhenish city to begin a law school, one that was at a proper distance from its other two schools. They also saw it as compensation for Coblenz in losing its status as seat of an archbis hopric and not being selected as the 84 As qtd. in Dlemeyer, 9.

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170 site for a regional appeals court. Soon, the Coblenz school was fully integrated into the French system with its director answerable to the academy in Mainz, which was answerable to the head of the university system in Paris. 85 From the beginning the law school at Coblenz faced considerable problems. The school rented the former familial home of the Metternichs, the Metternicher Hof, and opened in November 1806. The city treasury did not have start up funds for the sch ool, so Bonn was required to contribute monies that had formerly been set aside for its own university, which it did as slowly as it could. French law schools were supposed be financially self sufficient, run strictly on course and examination fees, but t he Coblenz school never had enough students, especially in its early years, to achieve this goal. In 1807/8, for example, the school had 29 students and brought in 5,055 francs, yet it owed its instructors 17,000 francs. In 1810 there was even talk of cl osing the school and transferring the faculty to other locations. The situation improved considerably when the first dean fell ill and Franz von Lassaulx took over, raising the number of students to an average of 40 per year. Lassaulx had advertisements printed in publications all the way up to Hamburg and increased the variety of outside courses that the school offered. Still, between 1806 1813 only 118 students completed their exams at Coblenz. In 1812, one of its better years, Coblenz had only 55 stu dents, Paris had more than 1,600 and the average French law school had 150 200. The school was costly, about 730 francs for three years of study, with a particularly heavy price tag for the final year. Talented young Rhinelanders were often more likely t o try to find better 85 Coing, 195 200; Landesarchivverwaltung Rheinland Pfalz, 200 Jahre Code civil im Rheinland 96; and Mallman, 8, 20 7, 62 70. For a through discussion of the firm bureaucratic control over the Napoleonic l aw schools see Leo von Savigny, Die franzsischen Rechtsfakultten im Rahmen der neueren Entwickelung des franzsischen Hochschulwesens (Berlin: Puttkammer and Mhlbrecht, 1891).

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171 paying jobs directly in the French administration rather than to try to get formal legal education. The school also had a poor library of legal materials and had to depend on legal journals and private collections. Coblenz did not ha ve a large number of surrounding departments with parents willing to send their promising offspring to such a provincial setting. Indeed, cities like Trier and Cologne actively discouraged students from going to Coblenz because they were angered that the law school was not in their cities. 86 The structural issue of translation also heavily plagued the law school at Coblenz throughout its short existence. The heavy bureaucratic control of the law school from Paris meant that any accommodations for German l anguage speakers would be few. Most of the faculty were not French and had a variety of legal experience, yet lectures and class discussions were expected to be in French. Students were tested in their knowledge of French and Latin before being allowed t o enter, but that did not necessarily help them overcome the challenge of understanding a law code originating in a different legal culture than their own. To make matters even worse, a competing school opened in Wetzlar on the opposite bank of the Rhine that offered courses on the Code in German. 87 Lassaulx tried to overcome these difficulties in several ways. All law schools were required to have five professors: three in Code civil one in Roman law, and one in criminal law. Thus Roman law was consider ed merely as a base for the new code 86 Landesarchivverwaltung Rheinland Pfalz, 200 Jahre Code civil im Rheinland, 92 100; Monz, 2, 123, 138, 148 51. 87 Landesarchivverwaltung Rheinland Pfalz, 200 Jahre Code civil im Rheinland 92 6; Coing, 200 3; and Mallman, 105, 111 13.

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17 2 rather than the center that it had been in former German legal training. In the early and suggestions of adding more coursework in Roman an reports to Paris. Lassaulx eventually offered an especially large number of extra courses, lectures that were given on the side, to help his students understand the rigorously different curriculum and provide them a wider range of experiences. One especially vital course provided a bridge for first year students between Roman and civil law and was taught in German to help students grasp key concepts. Coblenz offered more of these outside courses than any of the other Fren ch law schools. 88 So despite all his optimistic talk about the ease with which a French translation of the Code would eventually be understood, Lassaulx clearly recognized the challenges of creating a common space where new laws would be understood. Still his efforts to mold just such an arena of legal discourse did ultimately bear good fruit. This success may be the result of the fact that there were others who felt a similar ability, decision to study at Coblenz in 1813 tested this vision of openness and cooperation. Marx embarked on a career not often open to those of his faith His profe ssional choice s would help prove to Napoleon that Jews could be trusted as French citizens if only given the opportunity to prove themselves. Before the nineteenth century, Jews interested in higher education were limited mainly to the medical field and even here opportunities were severely curtailed. Considering how desperate the Coblenz law 88 Mallman, 107, 111 13; Coing, 199; and Just, 192 5.

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173 school always was for new students, Franz von Lassaulx may have admitted Henry Marx with little thought as to his religion. Still, there were several interesting p oints most prestigious law schools, had only nine probable Jewish students between 1806 1814 and Heidelberg had just five. Marx was also 33 years old when he started at Coblenz, whereas the average age of students was just 21. Finally, he began in late January 1813, rather than in November when the school year commenced. Only one other stu dent out of the 93 enrolled began at this point in the school year. He was only there until the end of the year on August 31 st at which time he began studying for his exams. 89 As a Jew, Marx had to prove his worthiness and seriousness before entering som ething as auspicious as law school. The legal community had to be assured that a Jew could fashion an identity that could match their own if values were to be translated from one culture into another. mely important questions. His law school program was certainly different than that of most candidates. In November 1813, only ten months after entering, Marx took the exam and received his Certificat de Capacit a new kind of legal diploma offered after one year of study of criminal and procedural law that allowed one to just serve as a trial lawyer in an advisory capacity The degree was meant to solve the problem of those without an educational background serving in the courts by providing ho did not have at 89 Adolf Kober, Jewish Social Studies 16 (1954): 151, 171 For more on J of Emancipation (1790 1871) Leo Baeck Institute Yearbook 20 (1975): 69 77.

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174 a vou 90 These students were on average slightly older (age 25) than other students and most had probably already entered the work force It was also not a particularly popular kind of degree only four Coblenz students even graduated with it, Henry Marx being the final one. 91 Making sense of this puzzling set of data is certainly not easy and any answers must be based in conjecture. Because of his religion, Henry Marx faced challenges in receiving an education that Christians did not. Any lack of proper educational credentials had to begin with his faith. The haste with which he finishe d his degree and his lack of interest in studying further may have be en due to some now hidden anti Semitism at the school or from Franz von Lassaulx himself. Yet other scenarios are also possible. Perhaps Henry Marx completed his studies so quickly beca use he had already learned everything on the job and merely needed to pass the exam. Marx most Perhaps Marx planned to return to law school after a brief interval but was unable to when the Prussians retook Coblenz a mere two months after he received his law license. Whatever the case, Henry Marx was granted an opportunity that would have been nearly impossible for Jews a generation earlier. He used law as a brid ge between not only French and German cultures but also as a means to fill the even larger gap between Jewish and Christian ones. Though Marx was not always successful in his 90 Mallman, 122. 91 Mallman, 122.

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175 efforts, his story highlights the inherent tension between the possibilities the new law code offered and the holes within it that allowed prejudices to continue. 92 Unluckily, this chance of overcoming difference and reforming ways of thinking was amorphous and heavily dependent upon political conditions. The coming of the Prussians to Coblenz in January 1814 meant the immediate demise of many dreams for Franz von La particularly disheartening. As the New Year was being rung in, Lassaulx penned a letter to his fellow faculty members saying that circumstances forced him to leave Coblenz temporarily for a sojourn in Paris. The rapid turning of his life must have come as quite a shock. In the previous several years he had been given the title Inspecteur Ordens der Vereinigu ng and had been offered a chair in the Code civil at Gttingen. 93 conditions never allowed it. He wrote to Clemens Brentano in October 1814, It is almost a year since I q uoted you on the Rhine without thinking myself at the time that a year later I would be building my new nest 120 hours away from the old wine gods. Also it appears to me as though I have awoken after a large storm in which I lived through a ship sinking o n open seas and landed unconscious at a distant port. I see everyone around myself that I encountered earlier on the jolly journey of life and I would like each to know that the wild hurricane has not completely devoured me and that thou gh I am far from all I love, I still carry them in my heart. 94 That sense of being turned upside down, of being ripped from the moorings of his old, ordered existence probably never left Lassaulx. He continued to write commentaries on 92 40. 93 Just, 208. See also Just, 200 11, 235 6; and Mallman, 139. 94 Just, 236.

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176 the Code and moved from Paris to Nancy to become rector of the academy in Metz. Yet the school was never particularly successful. Lassaulx spent his final several years lonely and in considerable pain. He died in April 1818 leaving behind a wife and three children, all of whom were dead by the time his brother in law Joseph von Grres died 30 years later. 95 The conservative backlash that followed the Congress of Vienna kept Lassaulx not only from returning home but also from ever really enjoying again the comfort of knowing that the order he had long championed would triumph. defender of the Code Napolon was a complete failure. Law was simply too important in the culture of Germany, and the rest of Europe, for Napo long and broad impact. Anyone who desired political or cultural power had to understand law and its function in society. Even dissertation characters not discussed in this chapter, Josef von Hommer and Joseph von Grres, had strong ties to the legal world. Von Hommer, his father and his brother all studied law at various points. The young priest went to law school at Heidelberg for a year and a half after completing seminary so that he would be able to serve the archbishop. His brother even urged Hommer to go on and get his doctorate in law, but he refused. 96 connection to the law is even more interesting. Despite his hatred of Napoleon and his l. Beginning in 1810, Grres actually taught several outside special courses in logic and natural law at his 95 Ibid., 209 11; and Coing, 201. 96 Josef von Hommer, Jos ef von Hommer, 1760 1836: Meditationes in Vitam Meam Peractam, Eine Selbstbiographie ed. and t ra ns. Alois Thomas (Mainz: Selbst verlag der Gesellschaft fr Mittelrheinische Kirchengeschichte, 1976), 87 95.

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177 brother in education in the Rhineland and he committed himself to ke eping the school open. He though he did alter the schedule considerably to include more traditional training However, students did not return due to the political unrest, and with th Coblenz school was forced to close in 1817. 97 lasting impact upon the legal history of Germany as a whole because the ideas that it engend ered did not die out with it The school and the Code Napolon were part of a much wider effort in the early nineteenth century throughout Europe that professionalized law. Law became more scientific in orientation as the legal community slowly establish ed a much firmer dividing line between highly educated, legal experts and those who had previously practiced law without formal training. Christof Dipper tighter and th 98 One example of this professionalization crusade in the Rhineland occurred with justices of the peace. Though the position was originally supposed to be staffed by lay people, the legal com munity pushed hard to control training and discipline and eventually 99 Influenced by the Enlightenment 97 Landesarchivverwaltung Rheinland Pfalz, 200 Jahr e Code civil im Rheinland 92; Just, 191 4 209; Coing, 205 6; and Mallman 113 160 1. 98 Christof Dipper, ed., Rechtskultur, Rechtswissenschaft, Rechtsberufe im 19. Jahrhundert: Professionalisierung und Verrechtlichung in Deutschland und Italien (Berlin: D uncker & Humblot, 2000), 5. 99 Dipp er, 26. Christof Dipper, ed., Rechtskultur,

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178 and elsewhere attempted to distance itself from religious and political ties so that it could more fully develop its own authority. This increasing power then almost naturally lawyers then could better make the claim that they represented the rational nation. 100 Lutz Raphael describes this process as, One specifically recognizable side of this Janus faced approach was the growing autonomy of the legal system in the academic freedom of the law, the protection of judges against societal (and less: political) pressures and thus the growing independence of the courts, and finally in the retreat of the political power in the administration of justice. The other side shows the increasing state in tervention in economy, culture and society by means of law. 101 Thus, as will be seen in the chapter on mixed marriages, law became even more a tool for the state because of its supposed freedom from the influences of daily life, emotion, and power struggles. Rechtswissenschaft, Rechtsberufe im 19. Jahrhundert: Professionalisierung und Verrechtlichung in Deutschland und Italien (Berlin: Duncker & Humblot, 2000), 63 Friedensgerichtsbarkeit 1789 1814 unter besonderer Bercksichtigung der vier rheinischen Christof Dipper, ed., Rechtskultur, Rechtswissenschaft, Rechtsberufe im 19. Jahrhundert: Professionalisierung und Verrechtlichung in Deutschland und Italien (Berlin: Duncker & Humblot, 2000), 51 62. 100 Christof Dipper, ed., Rechtskultur, Rechtswissenschaft, Rechtsberufe im 19. Jahrhundert: Professionalisierung und Verrechtlichung in Deutschland und Italien (Berlin: Duncker & Humblot, 2000), 14 7; Karl und Justizbeamte auf dem linken Rheinufer whrend der Aus Geschichte und Landeskunde; Forschungen und Darstellungen (Bonn: r Geschichte der Koblenzer Rechtsanwaltschaft 1790 150 Jahre Landgericht Koblenz (Boppard,: H. Boldt 1970) 101 Jahrhundert aus kulturanthropologischer Perspekt in Christof Dipper, ed., Rechtskultur, Rechtswissenschaft, Rechtsberufe im 19. Jahrhundert: Professionalisierung und Verrechtlichung in Deutschland und Italien (Berlin: Duncker & Humblot, 2000), 46.

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179 Franz von Lassaulx and others from his school were clearly part of these professionalization efforts. Both his publications and those of Georg Arnold, another Coblenz professor, continued to influence judicial discussions throughout the nineteenth centur Code. One of their students, Jean Jacques Gaspard Foelix, produced a variety of important French law reviews in later years. Other graduates of the Coblenz program went on to become major players in promoting the judicial reforms of the Code Napolon in the Rhineland and beyond Years of political unrest meant that the though few in number, had considerable influence on the direction that jurisprudence would take. In 1824, 24% of upper court attorneys at Trier and Coblenz were Coblenz school graduates (in Trier alone the number was as high as 37%). In 1834, seven of eleven people with the titl e Justizrat Lawyers trained under Lassaulx were particularly adept at practical application of the law and oral arguments, two skills highly admired in Prussia even if the Prussian leadership disliked other asp ects of the Code itself. Other Coblenz students went on to positions outside of the Rhineland, and there is evidence that at least one of them had some trouble adjusting to being in a non French legal system. 102 Coblenz trained lawyers, as well as other me mbers of the Rhenish judiciary, had to balance their loyalty to the Prussian state with their legal training under Napoleon. Their success in bringing these two, somewhat conflicting directions together speaks not only to their individual skill but also t o the continuing flexibility of law in the early nineteenth century. 102 Mallman, 144, 167 77, 197; Landesarchivverwaltu ng Rheinland Pfalz, 200 Jahre Code civil im Rheinland 104 8; and Coing, 206 7.

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180 The case of Henry Marx prove s this point Despite only achieving a Certificat de Capacit at Coblenz Marx went on to become quite an accomplished lawyer in Trier. His success was a com bination of his own intelligence, work ethic, and some interesting linguistic circumstances. In January 1814, the same month that the Prussians entered Trier, Marx began listing his occupation as a vou In English, German, and French, there is a formal d istinction between judicial titles related to amount of experience. On the lower level is lawyer, a vou or Anwalt. These are lawyers who are allowed to represent clients but not necessarily fully go to court on their behalf and offer final judicial argu ments. Above them are attorneys, avocat or Advokat who have more training and greater responsibilities. 103 With only a Certificat de Capacit Marx obviously fell into the lower category. Yet terminology could shift in translation and Marx most likely exploited some of the gaps. For a brief period during early summer of 1814 Trier was placed under the control of Austria and Bavaria. They got rid of the distinction between a vou and avocat. When the Prussians returned, local judicial officials in Trier continued to follow the policy of not distinguishing between Anwalt and Advokat. Thus by January 1816 Henry Marx was calling himself Advokat despite never having taken any additional coursework or exams. In 1820, Marx rectified this situation somewhat when he took the procedural law exam and became a full Advokatenanwalt or lawyer attorney. 104 However there is no record of Marx ever completing any more legal training at a law school beyond his single year at Coblenz. Much like Franz von 103 8 and Schncke, 104. See also is the difference between an attorney lawyer barrister and esquire.htm and accessed 11. April 2010. 104 6 and A ndreas Weller, Die Einfhrung des Brgerlichen Gesetzbuchs im franzsischen Rechtsgebiet der preuischen Rheinprovinz (Baden Baden: Nomos, 2011) 46 7.

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181 over the requirements of a still emerging legal bureaucracy. A job recomm endation he possesses much knowledge, is industrious, and has a good, thoroughly 105 Marx was head of the Trier Bar for years and in 1831 received the title of Justizrat but he never attempted to move up into higher positions like state attorney or judge. 106 One of the most important legal battles of the early nineteenth century in Prussia was the decision over whether to keep the Code Napolon in the Rhineland. Henry to prom ote the Code a little like Franz von Lassaulx had Some parts of the Rhineland rapidly accepted the Prussian law code or some form of it, but the Governor General for Trier and Coblenz, Johann August Sack, protected the Code in the French Rhenish province s. In June 1816 the Prussians established a committee, the Rhe inischen Immediat Justiz Kommission to decide which laws would be used in their new Rhenish lands. The committee met until 1819 in multiple, contentious sessions, as politics and jurisprudenc e clashed with one the Rhineland and Berlin there were camps in favor and against continued use of the Code. Prussians wanted to rapidly integrate their new territory twenty years under French rule made the region automatically untrustworthy. Many important Prussians wanted to get rid of the Code in the Rhineland when they 105 As qtd. in Mallman, 173. 106 9.

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182 established control, but the discussions of the Immediat Justiz Kommission kept the Code from disappearing. 107 On November 4, 1816 the commission appealed to the public asking for their by the sum of [the] various knowledge and experience the best possible 108 People from throughout the Rhineland quickly responded, including both Joseph von Grres and Henry Marx. Rhinelanders were proud of their unique legal institutions and fought hard to keep them, though under a new title, the Rheinischen Brgerlichen Gesetzbuch rather than the Code civil The judiciary had been a particularly popular French institution in the Rhineland, and lawyers and citizens alike urged retaining French legal procedures like open jury trials and equality b efore the law. Rhenish businessmen also wanted to keep the French commercial court system because they believed that the Prussian system would be much slower, untrustworthy, and more costly. In October 1817 Grres penned a petition to the king signed by 250 Coblenzers urging open courts and freedom of the judiciary. 109 nevertheless significant. In December 1816 he bravely wrote Handelgerichte in den knig to the 107 Diefendorf, 241 55 ; and Ernst Landsberg, ed., Die Gutachten der rheinischen Immediat Justiz Kommission und der Kampf um die rheinische Rechts und Gerichtsverfassung 1814 bis 1819 (Bonn : 1914, Dsse ldorf: Droste Verlag, 2000) 108 As qtd. in Weller, 38 9. 109 Jrgen Mller, Von der alten Stadt zur ne uen Munizipalitt: Die Auswirkungen der Franzsischen Revolution in den linksrheinischen Stdten Speyer und Koblenz (Coblenz: Grres Verlag, 1990), 321; Schubert und Mathais Schmoeckel, eds., 200 Jahre Code Civi l: d ie napoleonische Kodifikation in Deutschland und Europa (Cologne: Bhlau, 2005), vi; Weller, 38 40; and Diefendorf, 223 56.

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183 Immediat Justiz Kommission He began by thanking the government for giving citizens the opportunity to share their views. A government that calls to its citizens for truth is a rare phenomenon. Ours, without suspicion, as well as without fear this is highest and inestimable evidence of confidence in their governed people, and each well minded person must aim therefore to best justify this confidence. 110 Marx went on to strongly urge maintaining the com mer cial court established by Napoleon. Even though they had not existed previously, commercial courts had become increasingly necessary because economic activities had become progressively more complex, Marx argued. Judges and business people did not alw ays understand one another so a specialized forum, a site for translation, was necessary so both sides 111 had also recognized that by putting such affa irs under the auspices of the state, his own influence would increase. Thus Marx implies that Prussian kings also could share in this prestige by joining together with its own business community and watching over it. Finally he claimed that in a world in which faith in business enterprises was regularly undermined by deceit a commercial court would help restore morality and good will. 112 His remarks connected him to the legal and political culture of the age freedom of opinion, interconnected spheres of power economic complexity, and waning ethical standards all equated with the necessity of maintaining the legal system that Napoleon had begun. 110 Henry Marx in Schncke, 154. 111 Ibid., 157. 112 Ibid., 154 61.

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184 they be published in Cologne. Few other pieces received such a high honor as publication. Now Marx faced a dilemma. Henry Marx had not yet converted by this point and writing as a Jew was particularly risky. The head of the commission, Paul von Sethe, knew Marx well enough to have recently written him a job recommendation, but Marx was still concerned about putting his ideas in front of the wider public. Marx asked that his name and city be redacted from the record out of fear of local intolerance. He said that though his comments were very heartfelt they might at times appear somewhat 113 He would not retract anything, But unfortunately my circumstances are su ch that I must be somewhat wary as the father of a family. The sect to which n ature has chained me, has, as is known, no special reputation and the local province is not the most l ittle property until one could decide to believe that a Jew could have some talent and be honorable; so I cannot be blamed if I have become somewhat shy. 114 published in Cologne in 18 17. Though no other records exist of other Coblenz graduates being quite so bold in their defense of French law, others did become more vocal in supporting judicial reforms based on the Code in later decades. 115 To their credit, the Prussians allowed the Napoleonic Code experiment to continue and were willing to grant those who knew it best jobs within their own bureaucracy. The Prussians recognized that the French had greatly advanced the science of proper 113 Ibid.,151. See also Mallman, 176. 114 Henry Marx in Schncke, 151. 115 Mallman, 173 7 ; and Schncke, 152.

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185 government and that French reforms could enhance administrative stability. Though there were few law school chairs in French law after 1815, there was a considerable amount of extra, outside lectures given on the subject at schools throughout Prussia, including a number in Berlin. At Bonn, the school fight to get approval for a chair in French law was a long one. Although there were 86 courses related to Rhenish French law at Bonn between 1819 and 1844, it took until 1844 for a chair to be established. Still with an average of 3.5 courses per semester more in French law than any other Prussian institution, Bonn successfully continued the training begun by Lassaulx at Coblenz. However, having some background in French law was considered necessary for lawyers and la wmakers throughout Prussia, so the 116 After the unification of Germany in 1871, there were at least five different law codes governing the state. 16 million residents lived under Roman law, 21 million under Prussian law, 7 million under French Rhenish law, 2 million under Baden law, 400,000 under Frisian Jute law, 3,000 under Austrian law, all with considerable differences in laws and rights. It would take another 30 years of debate to come up with a code that combined all of these influences. 117 The five parts of the Napoleonic Code remained in force in the Rhineland until the Brgerliches Gesetzbuch replaced them in 1900. Yet even with this German code, lawmakers made provisions for the Rhinel and by introducing the new laws more slowly than elsewhere so Rhinelanders would feel less 116 Hans Schubert und Mathais Schmoeckel, eds., 200 Jahre Code Civ il: die napoleonische Kodifikation in Deutschland und Europa (Cologne: Bhlau Verlag, 2005), 48 69. 117 Smithers, 711 6.

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186 of a need to defend their special version of law. They also allowed Rhinelanders to keep certain smaller regulations from the Napoleonic era, a few even until 1947. Even into the present the memory of the Code Napolon continues to play an important role in German law. The Prussians eventually incorporate d many of the Napoleonic reforms into their own code, especially in areas like legal equality, juries, and court procedures that the Rhinelanders themselves had promoted. 118 Henry Marx overall professional attitude work hard, provide carefully balanced opinions, and show at least outward obedienc e to the system already in place. One biography of his son Karl went so far as to suggest that Henry Marx was an excellent political and legal actor, 119 His courtroom records indicate that he took a variety of cases relating mainly to property and taxes but that he was not overly successful in winning them. Several of his cases, including one involving the Jewish befriended. This par ticular case also involved two other Coblenz trained lawyers, Johann Liebfried and Alexander Hasenclever, so it is clear that Marx had established a 118 Michael Broers, Europe after Napoleon: Revolution, Reaction and Romanticism ( Manchester : Manchester University Press, 1996), 9 14, 23 4; Rowe, 333 5; and Sieburg, 900 + 911 The anniversary of the Code civil in 2004 saw an eruption of German publications discussing its impact. See Johanna Hltl, Die Lckenfllung der klassisch europischen Kodifikatio nen: zur Analogie im ALR, Code Civil und ABGB (Vienna: Lit, 2005); and Diana Catharina Kurtz, Das Institut der Adoption im preussischen Allgemeinen Landrecht und im franzsischen Code civil zwischen Rezeption rmisch rechtlicher Prinzipien und verndertem Familienverstndnis (Frankfurt am Main: P. Lang, 2006). For earlier works see K. T. Bormann and Alexander von Daniels, Handbuch der fr die kniglichen preussischen Rheinprovinzen verkndigten Gesetze: Verordnungen und Regierungsbeschlsse aus der Zeit der Fremdherrschaft, 6 vols., (Cologne: Bachem, 1833); Detlef Schumacher, Das Rheinische Recht in Gerichtspraxis des 19. Jahrhunderts: ein Beitrag zur Auslegung rezepierter Rechtsnormen (Stuttgart: W. Kohlhammer, 1969); Reiner Schulze, ed., Franzsisches Zivi lrecht in Europa whrend des 19. Jahrhundert (Berlin Duncker & Humblot, 1994). 119 Fritz Joachim Raddatz, Karl Marx: A Political Biography, trans. Richard Barry (B oston: Little, Brown 1978), 9.

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187 network of contacts from his law school days that continued to be useful long after. Marx also appears to have had some trouble getting paid for his work, as he often had to ask for reimbursement multiple times before receiving it. However, his various legal titles, as well as his multiple land and home purchases, indicate that overall Marx did quite well as a respected, trustworthy lawyer in the community. He also willingly housed Prussian soldiers on several occasions and donated funds for poor relief, among other activities. 120 He continued to act as a legal translator in the sense that he saw law as a simu ltaneous bulwark of stability and something that could be manipulated to get his own views across. extended beyond career titles and the courtroom. One particular famous incident late in simultaneous supporter of Napoleonic legal reform and the Prussian government. As no. Casinos were popular meeting places throughout the Rhineland in the opening decades of the nineteenth century in much the same way Masonic lodges had been just a few decades earlier. It was where social elites from all spheres bureaucratic, judicia l, military, and commercial came together to forward their own careers, formalize their social status, and read the latest news from elsewhere in Europe. The club was quite rth 120 Schncke, ed., 105 9; and Mallman, 173.

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188 50 60 Taler. Coblenz also had a casino that had been established in 1808 with Franz von Lassaulx among the founding members. 121 Any break of protocol among these elites was serious because of the hierarchy that they represented, and the Prussian state k new to react quickly to all spots of suspicion for its collection of French and Belgian periodicals. 122 Troubles in Trier began on January 12, 1834 when the Casino hosted a b anquet in honor of four oppositional deputies (one of whom was Wilhelm Haw) who had recently returned from a meeting of the provincial diet. As one of five organizers, Henry Marx gave a nebulous political speech at the event that could be interpreted in a variety of ways. Marx was the opening speaker in what appears to have been a carefully organized series of speeches on the role of the people and the monarchy in government. Marx was given the task of honoring the king and ended 123 Marx, however, began by praising his fellow citizens, making the monarch a bit of an afterthought: Gentleman! A feeling unites us in this ceremony. In this moment a feeling inspires the honorable citizens of this city the feeling of gratitude for their deputies whom they believe have fought with word and deed, with z eal and 121 James Brophy, Popular Culture and the Public Sphere in the Rhineland, 1800 1850 ( Cambridge, UK : Cambridge University Press, 2007), 100; Michael Rowe, From Reich to State: The Rhineland in the Revolutionary Age, 1780 1830 ( Cambridge, UK : Cambridge University Press, 2003 ), 237; Mller, 309; Raddatz, 9; and Diefendorf, 336. 122 Diefendorf, 337. 123 As qtd. in Schncke, 227 9.

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189 courage, for truth and right. But before the outpouring of this feeling overwhelms us, we must also meet just as pleasant a sacred duty by expressing our innermost gratitude, our hottest desires toward our benevolent monarch, to whose generosity w e owe the first institution of a people. 124 the king ruled in conjunction with the people penetrate, if not there [the monarchy]? ... But where justice is enthroned, the truth must 125 Marx imagined the Prussian state as a family and, while he thoroughly praised Friedrich Wilhelm III, it was always when the monarch connected to His noble heart will remain just a nd always gracious and open to the reasonable desires of his people 126 While at first glance, such comments are much in line with other official praise of the Prussian monarchy, it is obvious that, coupled with the more bellicose remarks that followed, th ey were interpreted as quite provocative Anti Prussian songs erupted after the speeches had finished and Marx was accused of singing along. The speech was reprinted in the Rhein Mosel Zeitung and the Klnischen Zeitung. The Prussian government was upset by what had happened and used it to point out the dangers of casinos and other private clubs throughout the Rhineland. and the behavior of indivi dual members [acting] in an ignorant and unauthorized 127 In his view, t he problem with these casino meetings was that they would cause 124 Henry Marx in Schncke, 226. 125 Ibid, 226 7. See also Heinz Monz, Karl Marx und Trier : Verhltnisse Beziehungen Einflsse (Trier: Verlag Neu, 1964), 145 ; and Brophy, 100. 126 Henry Marx in Schncke, 227. 127 Justice Minister von Kamptz in Schncke, 230.

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190 both legislative deputies and the public to begin thinking like they did in England where members of Parliament disc ussed important government business freely with people in taverns. 128 It was clear that in the minds of both the Pru ssian administration and the Rhinelanders themselves that the time under French control had changed how Rhinelanders imagined government as a whole. For Rhinelanders the right to participate at least minimally in government, in the legislature and in the courts, had become sacred. Prussians and Rhinelanders continued to argue about just what this involvement might entail. Though Henry Marx soon apologized for his remarks, only a few weeks later an even more serious event occurred. On January 25, 1834, a small, private party at the soon began singing songs which were at first quite acceptable, but the mood shifted after a more patriotic Prussian song started. Someone beg an hissing, hitting the table and started singing the Marseillaise 129 One participant displayed a tricolor handkerchief, while another Without the July Revolution, 130 Some members of the military were also present and reported what had happened to their superiors. Though the incident may have merely been part of efforts to make unwanted military members feel unwelcome at the C asino Prussian authorities 128 Ibid., 230. See also Raddatz, 10; and Schncke, ed., 109. 129 Schncke, ed., 231. 130 As qtd. in Brophy, 100.

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191 treated it seriously. They arrested some participants for high treason and tried them in criminal court, though all were eventually acquitted. In July 1834 the Casino was disbanded, but Henry Marx and Wilhelm Haw were among th ose who reinstituted it the following month. 131 Marx himself may have left before or during the singing and Mayor Haw later defended his actions. But though his involvement was not enough to warrant arrest, it cannot merely be dismissed as drunken misbehav ior. The Prussians did not punish Marx criminally but may have done so socially. In August 1835 a ball was held for Prince Friedrich Karl in Trier that was attended by 490 people, but Henry Marx was not one of them. Perhaps this social slight was due to that he was invited to important events in 1830 and 1836 suggest that Prussian administrators may still have been angry about what had occurred at the Casino the year before. 132 The tension between social stability and the new freedoms suggested Marx was a trusted bulwark of the community, what that role actually entailed continued to evolve. Napoleon hoped to create a European legal sy stem in which one code of law 133 In much the same way there have been attempts by the modern European Community to create a better umbrella of universally accepted laws. The challenges of such an endeavor are 131 Brophy, 101; Schncke, ed., 110; and Raddatz, 10. 132 Monz, Karl Marx und Trier 145; and Schncke, ed., 109 10. 133 As qtd. in Schubert, Franzsisches Recht 603.

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192 much more apparent today than they were in the early nineteenth century because we better recognize the role different legal historical cultures pla y in the direction that future law might take. Yet as Filippo Ranieri has suggested, it is also clear that the legal because people were closer in what they believed a law code s hould contain and do. Their joint Enlightenment and French Revolution history had taught them the necessity of combining stability with certain new freedoms to create a stronger, more just society. 134 The Code Napolon also provided the foundation for a ne w legal language of case law in the nineteenth century that gave judges, professors, and lawyers alike a new source of authority. 135 Marx, Lassaulx, and others translated what had been French into a new context that greatly enhanced the political power of t he legal community. Yet even from the beginning there were large holes within this overall framework. Anton Feuerbach, the Bavarian reformer may have been 136 But that new state then developed in quite different directions. Instituting one code into a large number of culturally diverse areas helped people to better see how different they were from one another. Introduction and translation of foreign code could stimulate, and yes sometimes compel the creation of a modern national legal language and 134 in Werner Schubert und Mathais Schmoeckel, eds., 200 Jahre Code Civil: d ie napoleonische Kodifikati on in Deutschland und Europ a (Cologne: Bhlau, 2005), 122 5. 135 Jean in Werner Schubert und Mathais Schmoeckel eds., 200 Jahre Code Civil: d ie napoleonische Kodifikation i n Deutschland und Europa (Cologne: Bhlau, 2005), 82 3. 136 As qtd. in Hull, 339.

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193 137 One can best obse r ve this transformative process in how the reforms of the Code got interwoven into daily life and decisions made by individuals. A new world may have arrived, but it came muddied and soiled, never as clear even in the lives of its supporters as it appeared from the distance of political statutes and codes. The world in which Franz von Lassaulx and Henry Marx lived had undergone drastic political and structural change as they had entered adulthood, and they both recognized the wider social vistas now open before them because of the French Revolution. Yet moving these visions into a firm er reality involved challenges with which neither of them could fully grapple. Two realities heavily impeded their progress. On the one hand, the laws that they were attempting to translate and put into practice were moving targets, ideas that were not r eadily transferable between cultures and easily manipulated to meet the needs of those using them. This malleability also meant that for all the newness of revolutionary principles, deep rooted ways of thinking could continue to be the main stream through which everything ran. Hints of these underlying, older value systems abounded, but it would take the fall of Napoleon to show how false these promises could be Disappointment with how these legal dreams translated into reality is at t he heart of C hapte r 5 on religious conversion. translation exposed the fluidity of everything that was supposedly so solid and natural. Yet their lives were also found within translation and t he new law school because the ideas upon which reform was based evolved over time. It is this give and take, a willingness to be flexible while searching for more solid ground, upon which new visions 137 Dlemeyer, 19.

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194 like the Code Napolon would eventually take root. Nei ther Marx nor Lassaulx could fully see the outcome of their decision to support Napoleonic reforms, but they did act as conduits across time, space, and linguistic barriers in the creation of a new Europe.

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195 CHAPTER 5 : RELIGIOUS CONVERSION IN THE RHINELAND, 1797 1830 On May 11, 1894, Friedrich Engels wrote a letter to the daughter of Karl Marx, Laura Lafargue, to tell her about a curious tale that had recently appeared in a German socialist newspaper, Die Neue Welt Neue Welt with Vorwarts or any other 1 The anonymous story, while complete fiction, is so rich in emotional detail that it arx 2 and his wife Henriette, but also highlights many of the tensions inherent in the experience of conversion in the wake of the French Revolution the tributaries of the Rh 3 4 in which all sorrow will cease. On ce ashore, the traveling reader happens upon a home where young Karl Marx sits by a window awaiting the return of his father, who is late. Heinrich 1 Friedrich Engels to Laura Lafargue, 11 May 1894, as qtd. in Manfred Schncke, ed. Karl und Heinrich Marx und ihre Geschwister: Lebenszeugnisse, Briefe, Dokumente (Wuppertal: Marx Engels Stiftung. Bonn: Pahl Rugenstein Verlag, 1993), 357. 2 Heinrich Marx was a man of many names. Born Heschel Marx, he took the name Henry during the French occupation, but by the time of his conversion he had chosen to be call ed by the German form Heinrich. 3 Schncke, 343. 4 Ibid.

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196 soon arrives looking despondent and overwhelmed. He says that he has been given the choice of either conve rting to Christianity from Judaism or giving up working as a lawyer. I have long known, that it would come to this, and it hit me today like a lightning strike from the bright heavens. We belong now again to the loving, German fatherland the last words were spoken with unending bitterness and since some have had to pay for this reunification with their lives, it is cheap, that I become a victim for a larger purpose. I still even have a choice between, certainly in my eyes, two equivalent things. 5 He c annot imagine l I love my Fatherland despite everything, with every fiber of my soul, with every beat of my heart I root myself into this earth, that nevertheless so ungratefully and without ackno wledgement of this love, pushe s 6 7 His wife, the practical one, suggests that conversion is a mere f ormality and that they could continue to practice Judaism in their hearts. But to 8 Though he eventually decides t o abandon Judaism with much crying and grief, he worries above all for his I must cause this pain to you! That this should be the payment for all your hard 9 5 Ibid., 345. 6 Ibid. 7 Ibid., 346. 8 Ibid., 347. 9 Ibid., 348.

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197 The reader mig ht think that the story should end here. Certainly all the necessary elements of a didactic tale are readily apparent: the tragedy of being forced into such a God, even the pain of ripping a family apart as one tears oneself from childish pursuit of the faith of the mother to embrace the cold reality of the modern workplace. Yet the melod ramatic scenes. The next part opens on Easter as the Marx family prepares to go heartsick and will go on a walk instead of to church so he can commune with God in na ture. He walks, seemingly without realizing it, to the house and synagogue where he had been raised. He then bitterly remembers the scene when he attempted to reconcile with his family after his conversion to Christianity and they treated him as though he were dead and shut the door in his face. As he stands there he realizes that a crowd has gathered in front of the home and decides to go and ask if anything is wrong. He quickly discovers that his mother Eva is dying and blames himself. His mother nea r death and he her murderer: the grief over him, his fall from the religion that was so intimately merged with her being and nature that one could not say whether her actions came from her personal character or from religious feeling. It was his fall from the holy faith of the Fathers that gave the deadly wound to the inner heart of the old woman, that broke her courage and destroyed the strength of her soul and body. 10 His attempts to go and see his mother on her deathbed are rebuffed by an uncle who asks 11 10 Ibid., 351 2. 11 Ibid., 353.

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198 in the corridor on his knees, mourning his mother. He holds Christianity and Ju daism 12 imate message about learning compassion for all through the struggle against the forces of inequality and narrow mindedness. The day of the funeral arrives. In the wake of a sad, graveside service, Heinrich Marx remains behind, mourning, curled up upon t he fresh earth. His brother Samuel, the town rabbi (the same one who visited Paris in C hapter 2 ), finds him there and feels great pity. Heinrich wonders how his brother can but Samuel shocks him by saying that their mother fo rgave her son for his apostasy and that she asked that Samuel give Heinrich a final kiss for her. Samuel Marx then declares that the brothers must now separate forever, be pleading requ est Samuel makes of his brother: promise me that you will use the influence that your position has brought you to work for your former brothers, tha t you will contribute with all the legal precepts remaining to you to chase away the dark demons of hate, of s uspicion and mistrust that ruin princes and Christian fellow citizens. 13 Samuel Marx then rapidly expand 12 Ibid. 13 Ibid., 356.

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199 vision. 14 Any real attention to his dolls here toys to be played with to create an appealing story. The actual story of murkier and most likely probably did convert to Protestantism because he would have lost his job otherwise, few of the other details from the story can be substantiated. His mother Eva died in May 1823, many years after his probable conversion date and not at Easter. There is also solid evidence that the connectio n between Heinrich Marx and the rest of his family never contact with his multiple Jewis h aunts and cousins throughout his life, often writing to them in search of money. Christianity, which suggests that any family stigma against such an action was probably somewhat mild. 15 This l ack of historical truth, however, does not diminish the importance of certain variety of interesting questions about conversion that can begin to unravel some of the 14 Ibid. 15 Ibid, 21 + 357.

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200 prob lems in fitting conversion into th e wider narrative of individual s lives. One is the notion of hypocrisy. Why are the motives for and the strength of conversion always in doubt? The subject fascinating one. In the story, mot hers represent the culture in which one is raised, the value system and morality that one is supposed to follow. That is the definition that will be used here, rather than one based in the copious psychological and gender related literature suggested by such a violent image. 16 Because all religious conversions involve a recognizable rejection of the past, be overcome easily? What is dying in a conversion the p ast or the present? Equally vital in understanding religious conversion in the early nineteenth century is making sense of it in terms of the social milieu in which it occurs. How does one make the decision to change and what other factors weigh into tha t decision? Is it a question of change possible rather than true religious conviction? Are conversions forms of political statements, personal comments on a world becomin g increasingly bureaucratic and depersonalized? Finally, how does religious conversion happen chronologically? Is it a moment of stark decision as with the fictional Heinrich Marx or a choice that is made more slowly, reverberating imperceptibly across t ime? 16 Some recent literature on matricide includes Alison Stone, "Against Matricide: Rethinking Subjectivity and the Maternal Body," Hypatia 27, no. 1 (2012): 118 138; Amber Jacobs, On Matricide: Matricide, Myth, Psychoanalysis and the Law of the Mother (New York: Columbia University Press, 2007); Lois Cucullo, Expert Modernists, Matricide, and Modern Culture: Woolf, Forster, Joyce (New York: Palgrave Ma cmillan, 2004); Reviews in American History 25, no. 1 (Mar. 1997): 113 The Willia m and Mary Quarterly 61, no. 2 (Apr. 2004): 361 367; Jane O. Renaissance Quarterly 49, no. 1 (Spri ng, 1996): 77 113.

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201 Answers to these questions are frustratingly difficult to locate. Though there are some noteworthy exceptions, few people actually write about the very personal nature conversion is compounded by the mysteries of divine grace and of human personality, which like bottling moonlight, eludes the effort to capture it, which may not always be understood 17 There are also many different types of conversion for different reasons, making it challenging to arrive at any firm conclusions. Four conversion narratives will be discussed here: Josef von Hommer, Joseph von Grres, Cerf Marx, and Heinrich Marx. By beginning with the mildest of the conversion experiences and progressing to the most extreme, I hope to elucidate several important elements in the conversion experience of individuals in the early nineteenth century. Firstly, conversion, in all its manifestations, totters between rejection of the past and pres ent and drawing upon them both serious differences in the nature of their conversions, all of the individuals examined here were radically changed by their decision to convert. Thoug h it may not have happened in a single moment, the conversion experience was for them an answer to the questions society was asking. Finally, the social and cultural surroundings of these individuals played heavily into the choices they made. In particul ar, the French Revolution, which had opened so many doors, also never fully lived up to expectations of what might be achieved. Thus, all of these gentlemen converted, at least in part, because the rubble of the Revolution left them feeling frightened or disillusioned. Also, 17 Dwight Longenecker, ed., The Path to Rome: Modern Journeys to the Catholic Church (Herefordshire UK : Gracew ing, 1999), 98.

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202 the fact that they all lived on the Rhenish border between two national cultures may have opened up their minds to the possibility of going across a religious divide that they might not have done otherwise. This focus on outside cond itions, however, does not mean that religious conviction or belief in divine intercession did not play a role in these conversions. Data on such emotional, personal matters is naturally much more difficult to uncover and analyze. Still, the documents do suggest a conjunction between these private feelings and public influences lie at the center of the conversion experience. Two classic Christian converts are St. Paul and St. Augustine. Their narratives have been the starting point for discussions of co nversions for centuries. Converts have often turned to these saints for inspiration on their own journeys of faith. Yet how realistic are they in a modern setting? How has conversion changed over the last millennium to speak to newer interests and conce rns? One cannot dispute the fact that there is a thread of belief that wends its way through the centuries. However, as Karl place. Consequently, it is important to determine what is called conversion, by whom it 18 Equally vital in making sense of the conversion experience are changes wrought in the early nineteenth century as Christian faith began to battle secularism whole heartedly. Thus, here we are watching how the old thread gets woven into new fabric. The thread itself is not necessarily remade into something different, but it does end up looking quite dissimilar from that which had come before. 18 Karl Morrison, Understanding Conversion (Charlottesville Va. : University Press of Virginia, 1992), 186.

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203 The main story s urrounding ancient converts like St. Paul and St. Augustine was that their conversions were single, identifiable moments in which they were struck by heavenly inspiration. Paul, struck blind by God on the road to Damascus, converts to the faith that he pr eviously attacked and is granted his sight. 19 In his Confessions the end of the s entence, it was as though the light of confidence flooded into my heart 20 Yet, how can we account for those recent commenta tors decry efforts to attempt to see ancient and medieval conversions in modern rational terms, to be skeptical of the supernatural power that so inspired earlier ages. 21 Historians cannot judge whether or not a conversion was miraculous or God driven, but they must keep at the forefront of their discussions that early Christians saw them as such. S cholars have also long pointed out that neither saint was fully transformed at a gh for him to lead the early Christians. Augustine writes the rest of his work as though conversion was a life long journey of slow progress toward God. Peter Brown, in 19 Acts 9:1 31. 20 Saint Augustine, Confessions, Trans. R.S. Pine Coffin (New York: Penguin, 1971), 178. 21 most vehement in this regar d. Yet other historians have made similar James Muldoon, ed., Varieties of Religious Conversion in the Middle Ages (Gainesville Fla. : University Press of Florida, 1997); and Brad Kenneth Mills and Anthony Grafton, eds., Conversion: Old Worlds and New (Rochester N.Y. : University of Roch ester Press, 2003).

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204 particular, has laid out a masterful biography of Augustine as one who takes incremen tal steps toward conversion both before and after his time in the garden. For 22 Many recent works have suggested that we view historical religious conversion as a dual process one that simultaneously invokes a heavenly event and perpetual pilgrimage toward God. The language of religious conversion regularly borrowed from the imagery of arts and crafts, of remolding individuals from one substance into another. 23 However, not a Augustinian conversion. Along with a much longer conversion process came tremendous uncertainty what if one was on the wrong path to sin rather than virtue, what if one embraced the comfortable past the fear of recidivism, of backsliding from a moment of enlightenment, was so terrifyingly real for Augustine that he rhetorically exaggerated his ups and downs. True conversion could only be effected through inc 24 One could easily become hypocritical, believing one thing and saying another. What was true for Augustine was equally true for all converts who followed him. Such an attitude toward the dangers of conversion had clear political implicatio ns. Conversion, especially in the early Middle Ages, often happened as a form of conquest. How could one trust converts who may not have been inspired by God at all? Viewing God as a forceful master compelling obedience probably quelled some doubts, but not 22 Peter Brown, Augustine of Hippo: A Biography (Berkeley Calif. : University of California Press, 2000), 106. 23 Russell, 13; and Morrison, 185 6. 24 Russell, 24.

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205 all. Religious orders also made the slow conversion transformation seemingly less precarious by instituting a careful structure to monitor and transform behavior, becoming quite powerful in the process. 25 By the High Middle Ages it was believed that, all life, rightly lived, was conversion. Conversion was thought to change the entire direction of human existence itself from a movement toward the grave into a transit 26 27 in which people sought to train stubborn emotions over a lifetime to reach toward mystic union with Christ. Thus by the fifteenth century, when people rarely met new converts, the term more often referred to those seekin g to become more religious. 28 This rosy picture of a careful route to communion with God was muddied on several levels. One of the most important was how Christians would deal with those converts they could not trust. This concern was especially true fo r medieval Jewish conversos who could never fully escape their Jewish roots, even if they claimed a 25 Lawrence Compulsion and Conversion from Yahweh to in James Muldoon, ed., Varieties of Religious Convers ion in the Middle Ages (Gainesville Fla : University Press of Florida, 1997), 49 Europe James Muldoon, ed., Varieties of Religiou s Conversion in the Middle Ages (Gainesville Fla. : University Press of Florida, 1997), 1 9. 26 Morrison, xii. 27 Ibid., xvi + 188. 28 John Van Engen, Kenneth Mills and Anthony Grafton, eds., Conversion: Old Worlds and New, (Rochester N.Y. : University of Rochester Press, 2003), 30 3.

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206 29 meaning that accepting anyone from outside their narrow circle of fellow believers was always fraught with danger. Though nineteenth century Jewish converts like Heinrich Marx may not have faced the same exact questions in an increasingly secular world, t hey still dealt with somewhat similar suspicions Other groups, women and native peoples in particular, faced comparable challenges in proving their allegiance, but Jews remained the consummate outsiders. Equally troubling was the underlying current of dissent always present within conversion. The need to convert stemmed from dissatisfaction with the way things were and thus on some Those close family members and friends who were being rejected could not help feeling s lighted. their families, neighbors, and countrymen, all baptized Christians. They left behind, as inadequate, the ordinary parish worship of their neighborhood. Every conversion, eve ry plea for conversion, sprang from this negative dialectic, derived its power in part, implicitly or explicitly from disparaging the ordinary life of the christened. 30 Nearly all conversion narratives, from the time of Christ forward, contained some sense of this disenchantment. 31 Converts had to carefully explain the reasoning and the supernatural elements of their decisions in order to be accepted. Thus conversion in 29 Jonathan Elukin, in James Muldoon, ed., Vari eties of Religiou s Conversion in the Middle Ages (Gainesville Fla. : University Press of Florida, 1997), 179. 30 Van Engen, 35. 31 Arthur Darby Nock, Conversion: The Old and the New in Religion from Alexander the Great to Augustine of Hippo ( London: Oxford U niversity Press, 1933; Reprint: Baltimore Md. : Johns Hopkins University Press 1998 ), 6 8; Russell, 13; Morrison, 188; Van Engen, 33 5.

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207 abil ity to choose their own path and what that meant in how religion would be defined by the corporate whole. While in some cases, like Augustine or Josef von Hommer, such mo ving forward in a new direction that opposed important community assumptions. It is this sense of individual decision and tension with corporate ideals that lies at the heart of this chapter. Yet the anxieties and disagreements that underlie conversion are often subtle and infrequently discussed in full. It is also rare that converts are as aware of their own incremental transformation as historians might hope. Among the most explicit in this regard are those who write autobiographies, like Saint Augus tine. Geoffrey Galt Harpham describes autobiographical conversion as a linguistic, two step that heralds a sense of true self s 32 Without putting the experience down on paper, conversion remains incomplete and unstable because the convert has not yet reentered the societal dialogue surrounding con version. Conversion autobiographies help converts extend themselves by allowing their stories to be read and interpreted by others over their lifetimes and beyond. 33 This literary process is what in large part defines conversion throughout Christian histo ry. Paul was a guide for Augustine, who was a guide for countless medieval and early modern converts leading all the way through Josef von Hommer. Yet i t is implausible 32 Geoffrey James Olney, ed., Studies in Autobiography ( Oxford, UK: Oxford University Press 1988), 43. See also Jean Claude Schmitt, The Conversion of Herman the Jew: Autobiography, History, and Fiction in the Twelfth Century, trans. Alex Novikoff (Philadelphia, Pa.: University of Pennsylvania Press, 2003), 44 67. 33 Ibid., 43 8.

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208 that they necessarily have a more rewarding conversion. However, autobiographical conversions do provide a unique window into how individual converts reject, remake, and become part of the new world around them. Josef von Hommer was among those attempt ing to become part of the rich historical dialogue surrounding conversion. Indeed, he himself saw his Christian journey as both an explication of his own reasoning and a model for future Catholics, and penned his autobiography with St. Augustine as his ob vious prototype In his th to a discussion of how he hoped to emulate the saint. 34 Much of conversion narrative reads like a medieval manuscript of the sinful human struggling to lea d a saintly life. His opening lines set the stage. If every day reminded us to be careful and look back on our past life penitently because every day could be our last, so our present times calls us especially to account for our earlier deeds. Therefore I will start today to recall my entire past life and remind myself of my mistakes. Also I will consider how God through his sage advice has led me through all sorts of mishaps, and how I could have brought about my own eternal salvation if I had followed his direction, or at least virtuously live my remaining days as a gift. The close of my own life in which I will appear in front of the highest Judge stands in front of me. 35 Two items are particularly striking here that relate directly to Geoffrey Galt H suggestions about autobiography and conversion. One is that Hommer clearly saw his autobiography as part of his conversion process. Only by fully embracing his past and 34 Josef von Hommer, Josef von Hommer, 1760 1836: Meditationes in Vitam Meam Peractam, Eine Selbstbiographie ed. and tra ns. Alois Thomas (Mainz: Selbst verlag der Gesellschaft fr Mittelrheinische Kirchengeschichte, 1976), 219 21. 35 Ibi d., 7.

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209 writing it down could he put it within the proper framework of contrition in order to find renewal and holiness. The other is that from his opening sentence onward he clearly viewed his autobiography as much larger than just his own story. The dialogue between sinning humans and their wise deity is a timeless one that Hommer was seeking to enter with his own tale. Augustine, but with some important differences. Like Augustine, Hommer spent considerable time discussing childhood not as a time of innocence, but of culpability. But whereas Augustine was willing to condemn even the nursing child as being a center of sinful self centeredness 36 state, but unable to deal with its rapid shifts. A child knows, and already from a young age, what pleases him and what does not. He is happy and sad, loves and shows dislike for, flatters and is angry with, laughs and cries, and not without knowledge of what one is making use of, not without motive. But what motives they were we forget all too quickly because our unsteadiness keeps us from remaining in one emotional state. 37 Josef von Hommer was more accepting, perhaps, of his own sinful being, but it did not make him unable to see human choice as a determining facto r in the creation of society. ungry, bring rest to 38 n ability to make choices, but 36 Augustine, 27 8. 37 Hommer, 21. 38 Ibid., 13.

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210 house, small for you to enter, but I pray you to enlarge it. It is in ruins, but I ask you to 39 One cannot claim, howeve r, that Hommer was lacking in guilt or that Augustine did not see his own actions as having a role in salvation. Overall, their tone was quite similar and easy to place together despite a time disparity of a millennium and a half. Yet these subtle differe nces between Augustine and Josef von Hommer are quite important in making sense of what has happened to conversion in the intervening autobiography appear lighter, less we ighed down by sin, and more in control of his own destiny? The answer lies in both socio political circumstances and individual temperament. Augustine and Hommer both led lives of privilege and had mothers who gave them a strict Christian upbringing T h e thread of male conversion ran heavily convinced her abusive husband to Protestantism to Catholicism. Monica taught Augus tine Christian values, insisted upon being heavily involved in every decision he made as a young man, and regularly prayed for his conversion. 40 Ursula also demanded obedience to authority and to God, dressing her children as Jesuits and carefully controll ing all possible playmates and activities. Like Moni c a, Ursula wept when her son strayed from the appointed path. 41 Yet Josef von Hommer was rarely as far from Christianity as Augustine sometimes was. 39 Augustine, 24. 40 Ibid., 21 32, 68 70, 100 1, 111 3, 192 205. 41 Hommer, 23 31, 89 97, 209.

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211 Though Christianity was already entrenched by Augusti sharp fire of contentious religious debate but in the milder flames of a tempered, medieval system that had been slowly developed over centuries. Hommer had no Augustinian garden moment, at least not one that he related in his autobiography. Some scholars have pointed to an incident in 1781 when Homm er drank heavily during Fasching festivities, was heavily admonished by his worried mother when he finally returned home, and promised never to repeat such activity. 42 T hough he never celebrated quite so hard again and mourned the fact that his mother died less than a year later, it is not clear that Hommer viewed the episode as permanently altering his behavior. He never argued that the Fasching death. M uch of his early life as a priest appeared burdened by the typical sins of young adulthood: overspending, drinking and card playing. Even as late as 1793 when he was already 33 years old, Hommer did not receive a desired position because of his poor did not yet possess moral seriousness in order to be able to win a good reputation among those more highly 43 His reports of these years read like those of a wealthy, modern day frat boy more interested in having a good time and his r eputation than in his spirituality. 42 Josef von Hommer, Es mu Einheit seyn: Anreden eines Bischofs an die Alu mnen seines Seminars (Trier: Paulinus Verlag, 1993), 17. Hommer himself describes the incident in his autobiography, 99. 43 Hommer, Meditationes 141, also 89 99.

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212 However, it is also quite evident that Josef von Hommer indeed converted, or turned toward God in a much more serious way, in his later life. The second half of his life story was more somber, filled with purpose and de pth. What made this transformation possible and when it occurred are debatable, but Hommer does provide a number of clues. In 1785 Hommer was given his first parish church in Wallersheim, a small community that today is a northern suburb of Coblenz. Bei ng pastor of his own congregation gradually began to change the young cleric. He was able to teach children the catechism, to introduce a new afternoon mass during Lent, and to begin a 44 Yet this congregation was also only a part time re sponsibility. It would take transferring to another congregation during the French Revolution to really transform Hommer into a passionate man of faith. His appointment in 1798 to a small congregation in Schnberg, near present day Klbingen Mllingen a bout 50 kilometers to the east of Coblenz, could not have occurred at a better moment. Josef von Hommer struggled to survive on his diminishing clerical salary, while simultaneously being frightened by the increasingly radical political climate being fome nted by young Joseph von Grres and Franz von Lassaulx and their compatriots. Though it was not necessarily the sole moment of his religious conversion, Schnberg provided an intellectual and psychological respite for Hommer, and he used the precious time to reinterpret and solidify the direction of his life. He moved from the quick life of a city cleric trying to make a name for himself to the much slower pace of a tiny village of less than a dozen households where he had to learn to farm for himself 44 Persch, 19.

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213 des 45 Hommer surprised himself with the ease with which he settled into a life of quiet study and religious community building. the 46 When he was forced to return to the rough world of religious politics at Ehrenbreitstein four years later in 1802, Hommer did so quite unwillingly and regularly reminisced about hi s special time in Schnberg. Josef von Hommer saw his contentment at Schnberg as having two causes, but in reality the roots of his transformation were intertwined. The first catalyst was the French Revolution itself. Much contributed to it [his happiness]: I was disgusted by French rule and their striving for the o verthrow of the Fatherland, and I groaned in silence. Especially recently when the Reign of Terror sought to exalt its leaders, and I was in danger of losing every support, I counted myself lucky to have escaped persecution and to be able to be happy over a peaceful life. 47 48 however, did more than just let Hommer breathe and ignore what was going on around him. As is true of many conversion explore how he could not only live his own life differently but also how he could inspire others to eagerness for the ministry 49 but in reality it too was a reaction to the Fr ench 45 Hommer, Mediationes 157 9. 46 Ibid., 161. 47 Ibid. 48 Ibid. 49 Ibid.

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214 far outweighed any social or economic justice that it might have brought. He sou ght an answer to the moral questions of the day by returning to the solid structures of the past small Christian communities where people cared for one another. It required only a short time, in my way, to instruct the people with honesty, sincerity, an d sociability, with my willingness to be a pastor by visiting schools and the sick, by assisting the poor, to win to myself the hearts of all by my brotherly company. Everyone loved me and I loved them. All were my children and I was their father. 50 Homme r converted to a more complete religious life because he saw the way that modern values were unraveling the social fabric and felt compelled to try and make a difference. His conversion, as well as his efforts to write about it in his autobiography, enter ed him into a long standing dialogue about the nature of spiritual life and its role in improving life on earth. 51 that the Church endured at the beginning of the nineteent h century, did not necessarily equal dechristianization and defeat. Rather, as Horst Carl has argued, The conflict between the churches and the revolutionary state meant that religious practice and beliefs were no longer self evident or taken for granted Instead, adherence to a confession increasingly took on the 50 Ibid. 51 Horst Carl, and the Rhineland eds., Soldiers, Citizens, Civilians: Experiences, and Perceptions of the Revolutionar y and Napoleonic Wars, 1790 1820 (New York: Palgrave Macmillan, 2009), 226. See also Wolfgang Schieder, ed., Skularisation und Mediatisierung in den vier rh einsichen Departements vol.2, Rhein Mosel Departement (Boppard am Rhein: Boldt, 1991).

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215 character of a conscious decision. In a divided society such a decision also had a political dimension. 52 Each European nation responded to the challenge of increasing secularization and decreasing clerical influence a bit differently, but many religious leaders clearly understood the need for political battle. In France, ecclesiastical officials created elab orate missionary revivals, over 1,500 of them between 1815 and 1830, which sought to reconnect the people with their monarchy and their faith. Missionaries used mass spectacles to awe, cajole, and frighten people back to the faith and away from all the va lues of the Revolution that the religious community so heartily rejected. 53 Without a long standing tradition of Catholic religious monarchy and with a less cohesive divis ive. 54 It will be discussed at length in C hapter 6 but religious revival is important to 52 Carl, 227 53 Sheryl Kroen, Politics and Theater: The Crisis of Legitimacy in Restoration France, 1815 1830 (Berkeley Calif. : University of Califor nia Press, 2000), 80 99. Other works discussing the missionary movement in Restoration France include Ernest Sevrin, Les Missions religieuses en France sous la r estauration, 1815 1830, vol. 2: Les Missions, 1815 1830 (Paris: J. Vrin, 1959); Adrien Dansette, Religious History of Modern France, vol. 1: From the Revolution to the Third Republic trans. John Dingle (New York: Herder and Herder, 1961); Thomas Albert Kselman, Miracles and Prophecies in Ninetee n th Century France (New Brunswick, N.J.: Rutgers University Press, 1983); Geoffrey Cubitt, The Jesuit Myth: Conspiracy Theory and Politics in Nineteenth Century F rance ( Oxford, UK: Oxford University Press 1993); Maria Riasanovsky, The Trumpets of Jericho: Domestic Missions and Religious R evival in France, 1814 1830 ( Ph.D. diss., Princeton University, 2001). 54 Some literature on German Catholic religious revivals i ncludes Michael Printy, "The Intellectual Origins of Popular Catholicism: Catholic Moral Theology in the Age of Enlightenment," The Catholic Historical Review 91, no. 3 (2005): 438 461; Richard Schaefer, "True and False Enlightenment: German Scholars and t he Discourse of Catholicism in the Nineteenth Century," The Catholic Historical Review 97, no. 1 (2011): 24 Revival in Nineteenth The Historical Journal 38, no. 3 (Sep. 1995): 647 670; Jonathan Sperber, Popular Catholicism in N ineteenth C entury Germany (Princeton N.J. : Princeton The Journal of Modern History 63, no. 4 (Dec. 1991): 681 716; Roger Aubert,, The Church Between Revolution and Restoration (New York: Crossroad, 1981).

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216 conversion to a more serious faith was in large part due to his recognition of the polit ical/religious war at hand. However, a problem remained. How should one respond to such a drastic challenge? What tools did Josef von Hommer have at his disposal? Hommer was not one for elaborate spectacle like the French. Interestingly, Hommer chose t he same thing that Franz von Lassaulx did education. Though the word conversion rarely education shows up regularly Both Lassaulx and Hommer feared the chaos of lawlessness, but their responses diverged subs tantially. Whereas Lassaulx sought to solidify the gains of the French Revolution permanently by building a cadre of talented lawyers dedicated to the Code Napolon Hommer sought to reestablish another type of community. His time in Schnberg Christian community from the tiniest child to the parish priest. Childhood was where con version to Christian belief began, where a bulwark against heresy and unbelief was even if not immediately, so that they will be protected indirectly, even if othe r religions 55 For Hommer, the child lay at the center of a communal web of learning and understanding. From writing songbooks to learning early forms of communication with the deaf, Hommer sough t to inspire all his congregations to a greater love of God. 56 55 Hommer, Mediationes 23. 56 Persch, 24 7.

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217 Yet the only way that web could remain strong in the buffeting winds of the Revolution was through the proper education of the educators the parish priests. took some time for the Catholic Church to reorganize itself in the Prussian Rhineland. It was not until 1824 that Josef von Hommer was formally appointed the first Bishop of Trier after others had turned down the position. From the very beginning of his tenure, Hommer focused heavily on the instruction of a fervent company of priests. The French Revolution had deeply damaged the Church in Germany, much more so than it had the judiciary that Lassaulx was trying to rebuild. Disbanding religious orders and dismantling older dioceses had led to considerable confusion, fear, and a huge clerical shortage. 57 Hommer saw the need to create a fresh class of religious warriors to fight skepticism and dangers of the modern age brought about by the coming of the Fren ch. We would like to only pay attention to that which is known to all and lays nearby, while the mysterious epidemic marches through the men of the land has loosened and knocked d own the old, venerable tree of belief and obedience which Christ had planted deep in the hearts of men and had poured his own blood upon it, and which lived calmly in the peaceful shadow of our Father, and replanted in its place the freedom tree of unbelie f and insubordination whose boughs strive to spread themselves over the whole world. 58 57 For example, in an 1816 letter exchange between Johann Michael Sailer and Joseph von Grres, Sailer complained that a single diocese (Freysinger) had over 70 vacant positions. Heribert Raab, ed., Joseph Grres (1776 1848): Leben und Werk im Urteil seiner Zeit (Paderborn: Fer dinand Schningh, 1985), 118 9. See also Sperber, 10 36; Nigel Aston, Christianity and Revolutionary Europe, 1750 1830 ( Cambridge, UK : Cambridge University Press, 2002); and Wolfgang Ranier Liedtke and St ephan Wend ehorts, eds., The Emancipation of Catholics, Jews and Protestants: Minorities and the Nation State in Nineteenth Century Europe (Manchester UK : Man chester University Press, 1999). 58 Josef von Hommer, [ Fastenhirtenbrief ] ([Trier]: 1833), 4. For a detailed description of the dual challenges of the Enlightenment and Romanticism to the intellectual climate in Trier see Guido Gross, Trierer Geistesleben unter dem Einfluss von Aufklrung und Romantik, 1750 1850 (Trier: Jacob Lintz, 1956), esp. 159 61.

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218 Converting others to the cause of defending the Church and its traditions inspired not This ideological war cou ld only be fought by an impassioned clergy fully aware of the danger and equipped with the proper tools to do battle. One had to be smarter than hat the Sophists use against Catholi c truth. If we the C hurch want to protect itself against our enemies, we must use 59 Education needed to be a lifelong pursuit for priests who had to strive to lead holy, sober lives, both externally and internally. In lecturing new seminarians Bishop Hommer was firm: He who comes here because it is so customary, because it is a path to a career that one has taken upon oneself, who thinks one or two years goes would tell him: friend you do not belong here. Go home! Your purpose for being here is to make yourself a clergyman; to ministers who are called to represent the high priest of our redemption, to be teachers of the people, and to go before as a light to the Christian community with a good nature. All in the world must be taught. Here you should learn the means. 60 The priestly calling was not for the weak willed, but for the strong minded who could Es mu Einheit sey n center of the defensive shield that the Church had to establish against the forces of 59 Hommer, Mediationes 83. One weapon that Hommer use d in Trier was history itself. Hommer recognized that historical documents could be used to further a Catholic agenda an d actively collected material. He inspired a ge neration of historian clerics. His historical reputation was so strong that Joseph s, 108 9). 60 Hommer, Es mu Einheit seyn 58. See also Ludwig Jakob, Das Trierer Priesterseminar im Restaurationszeitalter, besonders unter Bischof Hommer (Manuscript, Trier Diocese Archive).

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219 modernity. Only by working together and being fully engaged, much like Lass newly trained lawyers, could the clergy succeed. standing tradition of people becoming more religious in response to the changes around them. Certainly such reasoning dro ve Hommer in the same way that it had Paul, Augustine, and many of the medieval converts that followed. He also converted not in a mission came into focus much more c learly. In writing his conversion into his autobiography, Hommer became part of an established dialogue of inspirational conversion literature. Yet, what Hommer reacted to was quite different than anything his predecessors had faced. The power of the me dieval C hurch had gone and a rising secularism was taking its place. Paul and Augustine were also clerical warriors, but they fought for the establishment of the Church rather than trying to find a place for it in a modern world stressing individuality an d personal freedom. Thus, in a way Josef von rather than accepting the increasingly worldly value system that had surrounded him since birth Yet he was not turning awa y from the past, but toward it. As will also be can make as radical a statement about current conditions as stretching out in a new direction. on followed a medieval outline, its path was a much more modern one. T he historiography surrounding modern conversion experiences bears striking resemblance to that of those studying ancient and medieval narratives.

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220 Yet there are also considerable differ peripheral in his consciousness, n ow take a central place, and that religious aims form 61 Conversion could occur slowly or quickly, but involved a crucial change in direction. Yet as Karl Morrison determines, understanding individual conversion is diffi cult because so little occurs verbally, or even consciously. 62 William James suggests, our centre of energy turns like a compass needle, as the present phase of consciousness alt ers to its successor. Our whole past store of memories are the outlines between what is actual and what is only potential at any moment of our conscious life, that it is always hard to say of certain mental elements whether we are conscious of them or not. 63 Focusing on the individuation of the conversion experience is clearly a modern phenomenon that has been widely studied much more so than it has for earlier eras 64 For all his ps ychological insights, however, James focused too heavily on the individual. was not set within any real cultural or pol itical framework and thus 61 William James, The Varieties of Religious Experience: A Study in Human Nature (New York: Longmans, Green and Co, 1902; reprint New York: Collier Books, 1961), 16 5. 62 Morrison, xii xiii. 63 James, 191. 64 See also Alfred Clair Underwood, Conversion: Christian and Non Christian; A Comp arative and Psychological Study ( London: George Allen & Unwin, 1925 ); Ernest White, Christian Life and the Unconscious (New Y ork: Harper & Brothers, 1955); and Michael Moral Life: The Ethical Project of The Varieties of Religious Experience Transactions of the Charles S. Pierce Society 43, no. 1 (Winter 2007): 116 53.

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221 floated amorphously from one position to another. Not only do we not have a moment of conversi on, we lack any real sense of time or the role of difference in experiences. Others have suggested an anthropological or sociological understanding of conversion within its social and political context is necessary. Lewis Rambo argues that modern conversi on is multi dimensional and influenced by a huge variety of factors. cause of conversion, no one process, and no one simple consequence of that 65 Such a viewpoint further complicates an arena of study already made difficult by the very personal nature of conversion. Yet it also allows for a much wider range of experien ces. 66 Beginning with a crisis and a quest for something different, potential convert, like all other people, is motivated by a desire to experience pleasure and avoid pai n, maintain a conceptual system, enhance self esteem, establish gratifying 67 However, they can only successfully complete their search for self fulfillment from within an already established fr amework of interconnected relationships and commitments from their past and present. Sociologists Darren Sherkat and John Wilson suggest that converts are consumers, choosing from an array of religious choices in front of them. Yet the 65 Lewis Rambo, Under standing Religious Conve rsion ( New Haven Conn. : Yale University Press, 1993 ) 66 For example, scholars examining former slave conversion narratives have applied a cultural framework that suggests that slave conversions are less related to Christianity as a faith then they are with a need for converts to see themselves as individuals. Clifton Johnson, ed. God Struck Me Dead: Religious Conversion Experiences and Autobiographies of Ex Slaves (Philadelphia Pa. : Pilgrim Press, 1969), vi xviii. 67 Rambo, 167.

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222 choices that conve rt consumers make are heavily based in past socialization and previous religious consumption. 68 at first glance, is only made possible through the network of mod ern friendships that he built at Schnberg and the atmosphere in which he was raised. While extremely rich in cultural insights, such perspectives still miss a key aspect of the modern conversion experience the political need for an active response to a changed world. Industrialization and nationali sm rewrote older frameworks in such a conversion in India boldly attacks what modern ways of thinking have done to religion. In her view, religion has been rendered impotent by placing it in a carefully constructed, structural box outside of rational behavior. Secularization not only polarizes national and religious identity; it also privatizes belief and renders it subordinate to the claims of reason, logic, and e vidence. Henceforth all these claims are identified with the rationality of the state and its institutions. 69 Viswanathan upbraids historians for ignoring the important role of religious belief in the rsion is arguably one of the 70 Disruptions to a community happen whether conversion is to a majority faith or a minority one, but those dissidents who convert to a less popular faith clearly have concept of fixed, unalterable identities, conversion unsettles the boundaries by which 68 D Social Forces 73, no. 3 (Mar. 1995): 993 1026. 69 Gauri Viswanathan, Outside the Fold: Conversion, Modernity and Belief (Princeton N.J. : Princeton University Press, 1998), 12. 70 Ibid., xi.

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223 selfhood, citizenship, nationhood, and community are defined, exposing these as 71 This is one reason that converts can be accused of living lives of they challenge the border lines of the modern self that are themselves often hypocritical. Other scholars echo this theme of conversion as a political answer to the ch allenges of modern identity. In his study of twentieth century Roman Catholic converts in Britain, Adam Schwartz suggests that converts look back to the only possible resp onse to increasingly frightening, and dominant, ways of thinking. 72 Few converts better exemplify the starkly political decision that a turn toward religion in an increasingly secular age coul d be than Joseph von Grres. As was true of that he was a prolific writer. Yet few could dispute the fact that he was transformed by a rediscovery of Catholicism and tha t he then helped lead the transformation of Roman a national, political force in part because of his own conversion. Joseph von Grres grew up in the same Catholic Coblenz that Josef von Hommer did, though about a decade and a half later. Archbishop of Trier, Clemens Wenzeslaus, 71 Ibid., 16. 72 Adam Schwartz, The Third Spring: G.K. Chesterton, Graham Greene, Christopher Dawson, and David Jones (Washington, D.C.: Catholic University of America Press, 2005) 3 10. This need to convert in reaction to modern confusion i s obviously not just Catholic. Others have suggested similar reasoning behind millenarian conversion. Saver: A Theory of Conversion to a Devi American Sociological Review 30 (1965): 862 74.

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224 atmosphere in the city. One commentator went so far as to sugges t that when Grres ringing of bells in Coblenz. 73 tholicism later in life had its roots in a childhood rich in religious iconography. Yet as Hommer himself mentioned regularly, when the Jesuits fell into disfavor in 1773, gymnasium instruction became increasingly ant i clerical and revolutionary. Hommer lamented the fact that Catholicism was not proactive in its response to the Enlightenment and reform and soon even older professors found themselves having to adapt to the new ways of thinking. 74 By the time that Joseph von Grres entered the gymnasium, t eachers had become much more radical despite the fact that many still had clerical ties. 75 For Grres this shift in attitude meant that though he and his friends were raised tion 76 Yet though he was critical of the Church at times, Grres rarely attacked it with the abandon that some of his compatriots did because he was more interested in the common ideal of civic freedom than in frontal assault s upon 73 1793) Mittelrheinische Geschichtsbltter 6, no. 5 (1926): 4. 74 Hommer, 33, 41 + 63 9. Historisch Politische Bltter fr das katholische Deutschland 27 (1851) : 118 See also Reitz, 4. 75 Joseph Hansen, ed., Quellen zur Geschichte des Rheinlandes im Zeitalter des Franzsischen Revolution, 1780 1801, vol. 1, 1780 1791 (Bonn: Verlag P. Hanstein, 1931), 684 8. 76 Leo Just, Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 40.

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225 the Catholic Church. 77 Gnther Wohlers even suggests that Adam von Lassaulx, in law, may have introduced the young schoolboy to the Church throughout his life. Hontheim in some ways fo reshadowed the German national C hurch that Grres later sought to create. 78 complaints abou t the Church were more about the current condition of the Church than 79 However, to argue that Joseph von Grres had some exposure to th e idea of a universal national C hurch or that he regularly heard church bells does not mean that he Church at all as a youth. One might label him a minimal atheist or perhaps deist, or at least someone who rarely, if ever, attended actual services. At age twelve, after 80 Over the next several years as the F r ench Revolution began affecting Coblenz in earnest, 77 Ibid., 28. 78 Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (C ologne: J.P. Bachem, 1926), 3. For more on Febronianism see Aston, 163 5; Michael Rowe, From Reich to State: The Rhineland in t he Revolutionary Age, 1780 1830 ( Cambridge, UK : Cambridge University Press, 2003 ), 22 4; Jon Vanden Heuvel, A German Life in the Age of Revolution: Joseph Grres, 1776 1848 ( Washington, D C : Catholic University of America Press, 2001), 9 21; and Frank E yck, Religion and Politics in German History: From the Begi nnings to the French Re volution ( 1998 ), 353. 79 Ingeborg Schnfelder, Die Idee der Kirche bei Josef Grres (bis zum Jahre 1825) (Breslau: Kruppke, 1938), 10. 80 uliche Entwicklung des jungen Jo seph Grres (1776 K arl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Co logne: J.P. Bachem, 1926), 47. See also Vanden Heuvel, 3 + 22.

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226 Grres published his opinions at an increasingly furious pace. He often linked the Church with absolutism and highlighted the dangers of clerical involvement in politics. The Church, in his view, had to obey the higher authority of a state constitution based in pure, natural law. 81 Yet overall, Grres tended to use religion to describe other societal problems. In one article, he lumped religion in with a wide range of current cultural movements that see med to have lost their way to rational thought. The trombone voices proceeded loudly: The philosophical century! Jesuits! Kabala! Visionaries! Rosicrucians! Messiahs! Magnetism and Somnambulism! Therein fluttered t he mysterious words, the most miraculous movements originate, which whirl over Europe now. 82 As was true of many thinkers of his age, young Grres felt religion hindered progressive thinking and prevented reform from happening more quickly. Yet he was less bent on its complete destruction than in watching its slow demise in an age that no longer needed it. visit to Paris. His positive view of progress seriously undermined by observing Napoleonic bureaucracy in operation in Paris and Coblenz, Grres began a slow turn toward Catholicism. When he married Katharina von Lassaulx in 1801, they did not have a church wedding. His daughter Sophie was born in 1802 and son Guido in 1804 and neither were baptized. Yet with the birth of his third child Marie in 1808, all three children finally received baptism. 83 81 Ibid., 52 3; and Joseph Grres, Gesammelte Schriften, Max Braubach, ed., vol. 1, Politische Sch riften der Frhzeit (1795 1800) (Cologne: Gilde Verlag, 1928), 48. 82 Grres, Politische Schriften 362. 83 Reie, 53; and Vanden Heuvel, 273.

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227 main quite hidden. However, his actions clearly point to a changing attitude toward the possible role of religion in his life, even if he did not actively attend Catholic mass. By 1810 there were several other indicators that Joseph von Grres had begun searching religion for answers to his philosophical questions. His Mythengeschichte der asiatischen Welt as discussed in C hapter 3 dug deep into Asian myths to find the root explanations, not only for German culture, but also for the human condition as a whole. Knowing these core elements, Grres believed, would help bring understanding of how 84 He h ad come to see the center of all existence as containing an eternally unchanging spiritual force. outwardness it becomes history, and ultimately all history is reli gious history, as all life is 85 While none of his musings were necessarily Roman Catholic in focus, they were catholic in tone he clearly believed in the unity of religion and its followers. Over the next several years Joseph von Grres rem ained on the outskirts of formal allegiance to the Roman Catholic Church. In an 1818 letter to friend Adam Mller, Grres declared, you have Christianity for religion, I however take for a religion the summit, middle, spirit and soul of all the others. Therefore the work of prehistory is for me the childlike Christianity, Judaism, with the mysteries of heathenism, its youth in which I have looked for many eccentric pathways, and finally 84 Joseph Grres, Feldman and Robert Richardson, ed s., The Rise of Modern Mythology, 1680 1860 (Bloomington Ind. : Indiana University Press, 1972), 385. 85 Ibid., 384. beginning see Schnfelder, 14 20.

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228 Christianity the ripening, but that like all grand, historical phoen ixes has no absolute ending. 86 His faith was too broad to be contained within the doctrines of a single church. Yet his political writings had an increasingly religious tone as he began using Catholic imagery much more regularly. Germany and the Revolution (1819) not only moved him firmly out of the Prussian camp and into exile, it also showed a new found appreciation for what Catholicism could offer his ideal nation, and the challenges it faced in Protestant Prussia. The Prussian s, in his view, had injured the Catholic Church even more than the French, and he warned ominously that Catholics could become dissenters under the new regime. 87 Yet he also began linking the Church and state together, as two halves, ideal and real, of the same whole. But the relation between the two spheres [church and state] is such, that the ideal [the Church] is free in its nature, self powerful, reposing on itself, self transparent, and enlightened by ideas which, like stars in the conflux of their l ight, intersect each other, and are bounded and encircled by that serpent, which ever returns to itself. 88 From Catholicism would come morality, which joined with intellect, would found a new, more sober German nation. From the purity of morals which stil l characterizes the Roman Catholic clergy in Germany, an enthusiasm will easily rise, which will once more impart the long forgotten life to all forms. They will find that it is not the persecution of intellect, that noblest gift of Heaven, if but properl y 86 Joseph Grres, G esammelte Briefe, vol. 2, Freundesbriefe, ed. Franz Binder (Munich: Commission der literarisch artistischen Anstalt, 1874), 559. 87 Joseph (trans. unknown) Pamphleteer 15 (1820): 529 30. 88 Ibid., 552.

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229 employed, but its union with religion, that can dispel darkness and frivolity, the hot beds of infidelity. 89 Though other sections of Germany and the Revolution highlight ed clerical abuses Grres had obviously begun exploring how to properly fit Catholicism into his evolving understanding of a universal world. 90 Most scholars, however, point to the years immediately following his forced exile as the period during which Joseph von Grres fully embraced his religious calling. Jon Vanden Heuvel sugge sts several reasons for the transformation: a homesickness for the Rhineland to which he would never return; a growing dislike of Prussian Protestantism and its interest in subordinating the Church to the state, the artistic emotional appeal of medieval c athedrals, and a sense of connecting to the experiences of common people who had never really listened to his message. 91 Grres rarely wrote about his religious conversion, but a letter to a friend in August 1822 does illuminate In religious matters, I have, after deep reflection, decided that it is better to build on the old construct, whose foundations were laid thousands of years 92 The similarities with Josef von Hommer are striking. Grres did not necessarily find God in a remote farming 89 Ibid, 572. 90 Helmut Bieber und Wolfgang Kttle r, eds., Revolution und Reform in Deutsch land im 19. und 20. Jahrhundert, vol. 2, Ideen u nd Reflexionen (Berlin: Trafo, 2005), 61 5. Mller European leaders had failed to build. 91 Vanden Heuvel, 274 8. 92 As qtd. in Vanden Heuvel, 275.

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230 community, but he did locate his faith apart from his hometown like Hommer had, uprooted by political ci rcumstances and forced to reevaluate his beliefs. As Viswanathan suggests, conversion for both men was a politicized reaction to a world that no longer made sense, a world that constructed categories of rational behavior which purposely ignored a past the se men held dear. Their solution was also similar construction of a unified faith community where morality still held center stage. varied. His Prussian enemies felt that he had purposely chosen to attach himself to the 93 Thus they also subtly accused him of hypocrisy and discarding one means of attacking those in power for a nother, not for religious reasons but for practical ones. Another accused him of taking from a variety of traditions to create a dangerous mix, Absorbing an intensity from the Jacobins, the shaggy eavesdropper Grres came to the Romantics, he came from th e sinking yeast to the seething. Sly in the art of agitation, he decided to increase the discovered fermentation by solar heat from the ancient Indian Egyptian religion. 94 Interestingly, they feared Grres not only for his knife like pen but also for his u niversalism. Ultimately Grres never abandoned his central breadth of vision it is what keeps the charge of hypocrisy from sticking and what made him dangerous to the exclusionary status quo. He, and Josef von Hommer for that matter, created a radicall y new understanding of modern society that was at odds with a narrow Prussian nationalism that attempted to eradicate difference rather than accepting it. 93 Konrad E ngelbert lsner, 2. October 1813, as qtd. in Raab, ed., 168. 94 Johann Heinrich Vo, 1826, as qtd. in Raab, ed. 252.

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231 Brentano himself had returned to Catholicism in 1818, spending several years in seclusion at a monastery. In a playful letter to his good friend, Brentano praised the fact that Grres has come back to the Church despite the many obstacles in his path. In everything I know h ow God led you and your family, and give him therefore the innermost thanks that he protected you from decay, burning, weathering, petrifaction, yes from idolization at the time and that you were in the incomplete, but surplus, confused, obliged, polished off, falsely cited library of all discoveries and methods of this fallen, rushed life. Like a good in his Church and on it bellows and hunts wooden and wild devils, wolf in othing, great foxes and menagerie lions, also border stone destroyers. 95 He begged Grres to write of his experiences, urging him to write an autobiographical From the youngest youth you were always an open mouth, ear ly talker and from which you had walked away. I always wish that you would describe 96 autobiography is an interesting one. Joseph von Grres was a prolific writer, and he certainly had written of his own personal disappointments and resulting change of attitude after leaving Paris in 18 00. Perhaps the journey to Catholicism was simply too personal to Grres for public consumption or, in the words of Karl Morrison and William James, it occurred too far in the subconscious to frame on paper. Ingeborg Schnfelder 95 Clemens Brentano, 22. June 1825, as qtd. in Joseph Grres, Gesammelte Briefe, Franz Binder, ed., vol. 3, Freundesbriefe (Munich: Commissi on der literarisch artistischen Anstalt, 1874), 177. 96 Ibid., 178.

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232 argues that Grres saw th e renewed Church as emerging from each private conscience, Christ being reborn in the internal soul. 97 the seminary of Josef von Hommer. In 1824 while in exile in Strasbou rg, he began writing for Der Katholik a struggling Catholic journal based in Mainz. Just like newly appointed Bishop Hommer, Grres saw before him a weak, ineffective Catholic intellectual world unable to defend itself against the incursions of modern cu lture and politics. 98 To strike unexpected, solid blows against the strong Prussian opponent that had forced him from his beloved Rhineland may have given Grres as much of a new life force as any study of the Bible, call from God, or talk with a priest. As will be de scribed further in C hapter 6 Joseph von Grres spent the rest of his life until his death in 1848 as a leading polemist for the growing German Catholic political party. During the mid 1820s he resided in conservative Catholic Strasbourg writ ing for Der Katholik. Grres ranged between pieces comparing Catholicism and Protestantism, to the nature of church state relations, to mysticism, a subject that never ceased to fascinate him. In 1827, he moved to Munich at the behest of the Ludwig I, wh o offered Grres a history professorship at the university just founded by the young B avarian monarch strong Catholic stance appealed to Ludwig who chose him 97 Schnfelder, 76. 98 Sebastian Merkl Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 150. Geburtstag von Josep h G rres (Cologne: J.P. Bachem, 1926), 151 5.

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233 over Leopold von Ranke. Grres soon began writing for Eos a small Bavarian Catholic j ournal that worked hard to keep Ludwig I away from any liberal tendencies. 99 compete on a political battlefield for the morality of a nation. The bulk of his later years wer e spent composing a massive four volume work, Christian Mysticism which appeared between 1837 and 1842. It was not well accepted by any party because of its thoroughly non rational stance that bordered on sensationalism. Yet his mysticism, as biographer Jon Vanden Heuvel describes, was where Grres found his inspiration. For Grres, a vibrant mystical life testified to religious well being. Much of believed that Catholicism coul d only pervade all social institutions, could consciously embracing the myth of another era, sought to underline his sense of alienation from the man made rationalistic world that his contemporaries had built. Grres, as the French writer and historian Edgar 100 Christian traditions and music may have motivated Josef von Hommer, but he was not quite under the spell of the ancients the way that Joseph von Grres was. Yet for both men, it was the past that undergirded their vision of the present, a past whose universalism could challenge the individualism, compartmentalized nationalism, and growing bureaucracy of their age. Grres may not have been murdering his mother but his conversion did radically challenge and undermine the values of his childhood. What he had spent his early life fighting for had failed him and he turned to the past, both imagined and real, in an attempt t o slow the rushing onslaught of modernity. 99 Vanden Heuvel, 278 315. 100 Ibid., 319.

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234 At first glance, the conversion narratives of Heinrich and Cerf Marx from Judaism to Christianity would seem to belong in quite a different category from Hommer and Grres. Hommer and Grres were thoroughly dissa tisfied with modern ways of thinking and sought a return to the past. Neither was forced into conversion and neither was making a radical break with his roots. The Marxes, on the other hand, converted much more out of necessity and were at least in part accepting the role that modernity had pressed upon them. Yet, as stated in the opening story, it would be a mistake to merely see the Marxes as having no control over their own destinies. Like Hommer and Grres, they reacted to a world that disappointed them and their decision to convert was a clear, radically politicized response to that world. Rather than judging Christian and Jewish conversions in different lights, we need to embrace their startling similarities. Conversion was not about the individ ual triumphing over corporate belief or individuals being subsumed by it, but rather how the individual and corporate identities coexisted and reshaped one another in a new age. Only recently have scholars begun calling for a joint examination of Christian and Jewish religious experiences in the nineteenth century. Much of this discussion has of comparison there will be no challenge to accepted paths of thinking and no te st of 101 Others have pointed out that how people from different confessions understood one another was the basis for how they understood themselves. Rather 101 Ranier Liedtke and Stephan Wendehorst, eds., The E mancipation of Catholics, Jews and P rotestants: Minorities and the Nation State in Nineteenth C entury Europe (Manchester UK : Manchester University Press, 1999), 5.

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235 than some form of fading, dull religious feeling, conflict and emotion defined relig ion in the nineteenth century, according to Christopher Clark and Helmut Walser Smith, cultural differentiation constituted the center; that this is what made the nineteenth century a period of cultural collision, and that this was the norm. An analytical framework burdened by the normative ballast of modernization theory and by the dystopia of cultural homogeneity will In the process it will flatten out a history that, for all its unfortunate turns, was in some ways extraordinarily rich. 102 Clark, for one, creates a masterful portrait of the way in which religious prejudice continued to define Jewish emancipation and conversion debates in spite of the Enlightenment, especially among Prussian leaders like Friedrich Wi lhelm III. 103 Yet, one also cannot ignore the fact that Catholics and Jews faced some similar circumstances in the nineteenth century. Protestant Prussia feared both religions as proto national groups threatening their authority. Some Prussians were even willing to go so far as to could really be German. 104 Thus even if Catholics and Jews were often antagonistic toward one another, they shared a certain bond in moments like conversion. Historians of Jewish conversion approach the field somewhat differently than those examining Christian converts, but there are still strong threads that tie the fields 102 Helmut Walser Smith and Christopher Helmut Walser Smith, ed., Protestants, Catholics and Jews in Germany, 1800 1914 (New York: Berg, 2001), 6 7, 16. 103 Christopher M. Clark, Century Prussia Helmut Walser Smith, ed., Protestants, Catholics and Jews in Germany, 1800 1914 (New York: Berg, 2001), 67 84. 104 in Nineteenth Century Germany Helmut Walser Smith, ed., Protestants, Catholics and Jews in Germany, 1800 1914 (New York: Berg, 2001), 59. See also J Catholic and Jewish Rural Comparative Studies in Society and History 40 no. 3 (July 1998): 475 6.

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236 together. Some explanations of Jewish conversion sound markedly simil ar to Christian ones. Gary Porton, for example, lists the circumstances necessary for Jewish conversion to Christianity: before they changed communities, the prospective converts had to They also had to operate normally a religious problem the religious dimension of everyday events. Furthermore, they needed to religious aspects of the e vents they experienced. Additionally, they had to lives. This meant that they could become free of their previous 105 All of these conditions, of course, would be e qually true of converts within Christianity like Hommer and Grres. Porton also highlights the fact that conversions were more likely in times of social upheaval, again ideas which fit equally well within a French Revolution framework. Scholars of Jewish conversion also highlight several issues that are related more directly to the Jewish experience. As discussed earlier, one strong theme in the literature is that of lack of acceptance of Jewish converts by their Christian brethren. This distrust was no t just in the medieval era but continued into the early modern and modern ages. David Graizbord suggests that early modern Jewish converts were liminal figures, existing in the borders between faiths as simultaneous insiders and outsiders They easily ri Conversos were proof that the supposedly rigid outlines of faiths were actually quite permeable. Their willingness to bend boundaries to their needs made Jewish converts a recognized threat to their communities. In terestingly, Graizbord also argues that historians need to 105 Gary G. Porton, The Stranger within Your Gates: Converts and Conversion in Rabbinic Literature (Chicago Ill. : University of Chicago Press, 1994), 202.

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237 religious border crossers, who at times responded to cultural constraints with acceptance and at times revolted ag ainst them. 106 One could, of course, make similar arguments about Christian converts like Hommer and Grres. Though they were not forced into conversion, they did go back some times sounding hypocritical Gauri Viswanathan takes this duality one step further in claiming, regardless of whether conversion is an assimilative or an oppositional gesture, the specific circumstances, historical context, and political climate in which conversion occurs might suggest a more complicated trajectory. In somewhat paradoxical fashion, assimilation may be accompanied by critique of the very culture with which religious affiliation is sought. Equally, dissent may aim at reforming and rejuven ating the culture from which the convert has detached himself. 107 Thus, Jewish or Christian conversions are markedly similar in using a combination of conversions, the indiv idual convert marshals the social forces surrounding them in making unique decisions that consent to and react against the world. by the issue of political emancipation. As described in C hapter 2 the French Revolution 106 D avid Graizbord, Souls in Dispute: Converso Identities in Iberia and the Jewish Diaspora, 1580 1700 (Philadelphia Pa. : University of Pennsylvania Press, 2004), 2 7, 172 8. Jews that converted were also traditionally not accepted any longer by their former families and neighbors who were to consider them dead. However, at the same time, converted Jews could not escape their Jewishness they were to be perpetual heretics. Se e Shulamit Magnus, in Susan A. Gl enn and Naomi B. Sokoloff, eds., Boundaries of Jewish Identity ( Seattle, Wash. : University of Washington Pr ess, 2010), 134 5 107 Viswanathan, 39.

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238 and Napoleon had opened up a new era of political rights for Jews in granting them a level of citizenship. The height of this movement was the calling of the 1807 Parisian Grand Sanhedrin during which Jews pr ofessed their allegiance to the French state in return for being granted occupational and legal freedoms that had previously been impossible. Other European states were not far behind. Prussia emancipated its Jews the Civil Conditions of Jews in the Prussian communal authority. Jews could not keep business records in Hebrew or have their own courts. They also had to take German surna mes and perform all required civic duties. 108 Implementation of any new rights also proved difficult. As Christopher Clark The removal of Jewish legal disabilities was a drawn out, haphazard affair that proceeded with halting steps at varying speeds in different times and places. It was off concessions that could be delayed, 109 Moments like the anti Semitic Hep! Hep! riots in 1819 further clouded Jewish hopes for eman cipation. In the Rhineland, Prussia continued to apply French anti usury and residency restrictions for more than 50 years Local interests, rather than state concerns, controlled how Jews were treated. 110 108 Frederic Cople Jaher, The Jews and the Nation: Revolution, Emancipation, State Formation, and the Liberal Paradigm in America and France (Princeton N.J. : Princeton University Press, 2002), 131 2. 109 Christopher Clark in Ranier Liedtke and Stephan Wendehorst eds., The E mancipation of Catholics, Jews and P rotestants: Minorities and the Nation State in Nineteenth C entury Europe (Manchester UK : Manchester University Press, 1999), 123. See also Heinz Monz, Karl Marx und Trier: Verhltnisse Beziehungen Einflsse (Trier: Verlag Neu, 1964), 23. 110 Ibid., 126 41. See also Michael Ragussis, Nati onal Identity (Durham N.C. : Duke University Press, 1995), 89 90.

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239 In addition to the theme of legislative confusion and inactivity, historians have highlighted several other things in making sense of German Jewish emancipation in the first half of the nineteenth century. They range from how emancipation impacted nation formation to how it affected individual converts. Some scholars have focused on how the nation state defined itself through the qualifications it created for religious minorities wishing to join it. 111 Others explain the impact of emancipation upon the Jewish community as a whole because emancipation f ocused on individual Jewish actions, communal bonds between Jews weakened considerably. 112 This growing acculturation into Christian based value systems also meant that Jewish conversion was a less radical step in the nineteenth century than it had been ear lier. 113 Still other historians reject the notion that Judaism necessarily weakened with the coming of modernity, but instead see the faith as responding in a variety of different, very individualized ways. 114 Integration for Jews was never easy there were always blockades, seen, unseen, and forever evolving, which were placed in the paths of Jews trying to take advantage of emancipation. 115 The final, and most important issue for this discussion, was that 111 Liedtke and Wendehorst, 3 6. Bildung and Yehuda Reinharz and Walter Schatzberg, eds. The Jewish Response to German Culture: From the Enligh tenment to the Second World War (Hanover, N.H. : University Press of New England, 1985), 2. For a description of similar conditions in England see Ragussis, 1 22. 112 Vicki Caron, Between France and Germany: The Jews of Alsace Lorrain e, 1871 1918 (Stanford Calif. : Stanford University Press, 1988), 1 2. 113 Elisheva Carlebach, Divided Souls: Converts from Judaism in Germany, 1500 1750 (New Haven Conn. : Yale University Press, 2001), 228 9. Magnus also discusses this changing attitude t oward converts in Russia who could be accepted because of how they continued to assist the Jewish community (Magnus, 132 7). 114 Jewish Social Studies 9, no. 1 (2002): 1 20. 115 Borut and Heibronner, 477 88.

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240 emancipation often disappointed Jews who by 1817 had already began feeling that conversion was the only remaining route to real acceptance. 116 The age in which the Marx conversions took place was one of considerable upheaval for Prussian Jews and Christians alike. Jews faced tremendous pressure from all side s to convert. Not only did Jews face anti Semitic rioting and virulent polemics, but they also had to deal with concerted efforts by a powerful bloc of Prussian administrators to convert them. Prussian leaders including Kaiser Friedrich Wilhelm III and t conversion as an answer to the question of whether Jews could truly be truste d with citizenship The Prussian monarch refused to appoint any Jews to state positio ns and offered money to any Jew who converted and listed him as a godfather. Only through conversion could all doubts about national trustworthiness be put to the side. 117 A number of Jews, including members of some prominent families in Berlin, converted during this era and wrote about their difficult decisions in a variety of different ways. As many as 4,000 Prussian Jews converted between 1812 and 1846. 118 At the beginning of his career in 18 19, Jewish lawyer and historian Eduard Gans, attempted to 116 See Alfred Low, Jews in the Eyes of the Germans: From the Enlightenment to Imper ial Germany (Philadelphia Pa. : Institute for the Study of Human Issues, 1979); Kaplan, 18 20; and Lothar Kahn 33 Schatzberg, eds. The Jewish Response to German Cultur e: From the Enligh tenment to the Second World War (Hanover, N.H. : University Pre ss of New England, 1985), 120. As Todd Endelman describes, this process of complete assimilation began earlier in England. Todd Endelman, Radical Assimilation in English Jewish H istory, 1656 1945 (Bloomington Ind. : Indiana University Press, 1990). 117 74. See also Deborah Sadie Hertz, How Jews Became Germans: The History of Conversion and Assimilation in Berlin (New Have n Conn. : Yale University Press, 2007) ; and Susanne Zittartz Weber, Zwischen Religion und Staat: Die jdischen Gemeinden in der preuischen Rheinprovinz, 1815 1871 (Essen: Klartext Verlag, 2003), 270 3 118 Lewis Feuer, [London: Heinemann, 1972]. Also attached to Jewish Journal of Sociology 14, no. 2 (December 1972), 154.

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241 get a professorship at class of human beings, which is hated because it is uneducated, and persecuted 119 His protests were to no avail and he was forced to convert in order to te ach. Heinrich Heine went even further in blaming his conversion directly on the political forces surrounding him. The baptismal certificate is the ticket of admission to European culture. My becoming a Christian is the fault of those Saxons who suddenly changed saddles at Leipzig, or of Napoleon, who really did not have to go to Russia, or of his teacher of geography at Brienne, who did not tell him that Moscow winters are very cold. 120 Yet not all Jews saw their conversions merely in terms of politics or economics. Joseph 121 The Enlightenment had also altered how many Jews felt about faith in general Moses existence, felt that the prick of conscience was a guide to proper behavior and faith was a natural desire to do good. Thus, he explains his decision to have his ch ildren raised Protestant as, We have educated you and your brothers and sister in the Christian faith, because it is the creed of most civilized people, and contains nothing that can lead you away from what is good, and much that guides you to love, 119 Flohr and Jehuda Reinharz, eds., The Jew in the Modern World: A Documentary Hi story ( Oxford, UK: Oxford University Press 1980), 190. 120 Flohr and Jehuda Reinharz, eds., The Jew in the Modern World: A Documentary History ( Oxford, UK: Oxford University Press 1980), 223. 121 Flohr and Jehuda Reinharz, eds., The Jew in the Modern World: A Documentary History ( Oxford, UK: Oxford University Press 1980), 223.

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242 obedi ence, tolerance, and resignation, even if it offered nothing but the example of its Founder, understood by so few, and followed by still fewer. 122 If faith was not based in God driven definitions of right and wrong, but instead in human ones, then changing f aiths was simpler. Exactly what combination of these ideas helped Cerf and Heinrich Marx to make their decisi ons is impossible to tell. However, t he redefinition of religious and national frameworks and disenchantment with emancipation reforms were clea rly at the heart of and the longest source on his life is quite biased, one can piece together quite an interesting conversion tale. Cerf was a younger brother of Samue l and Heinrich Marx, born in 1790 when his brothers were fifteen and thirteen, respectively. As a younger son of a rabbi, Cerf would probably have received training in more traditional Jewish occupations if his father had not died when he was fourteen and the French Revolution had not opened new career paths. He was obviously a bright boy, winning multiple top took twenty three year old Cerf to Paris so he could begin traini ng as a watchmaker. Cerf spent the next seven years training in Paris, London and Luxembourg. He met his wife Henriette Medex in Luxembourg while living with his mother who had moved there after the death of her second husband. By 1820 Cerf and Henriett e had moved to and Cerf began attempting to set up a hood and cap/watch making business of his own. 123 122 in Paul Mendes Flohr and Jehuda Reinharz, eds., The Jew in the Modern World: A Documentary History ( Oxford, UK: Oxford University Press 1980), 222 3. 123 Schncke, ed., 429 32.

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243 The roadblocks began almost immediately. Aachen continued to enforce Dcret Infame demanding Jews apply for business license long after the e was listed among those deemed worthy enough to receive one. Over the next several years he continued to retain his license, but his financial position became increasingly precarious. In 18 23 he requested his tax bill of 8 Thaler be lowered because: 1. It is to be known that for the last of a year, I have had no hood and cap shop anymore, which I have declared multiple times. 2. I have no watch shop, but instead I am a watchmaker whose bus iness right now is so poor that I can only provide the barest necessities for my wife and two children through my handiwork. Another proof of this is that my sad state makes me feel compelled to sell my apartment and live in the room where I from now on m ust also do my work. 124 Though there are no records of Cerf requesting further assistance in the years that followed, it is obvious that his finances remained precarious. By 1830 he had five ge of two months 125 may have been the trigger that led him finally to firmly consider conversion. 1831, Leonh ard Nellessen, priest of St. Nik olaus Hauptpfarrkirche in Aachen, 126 his own hand was a moment to be celebrated because he had convinced a man who 124 Cerf Marx in Schncke, ed., 441. 125 Ibid., 442 5. 126 Nellessen was trained in Hebrew by a rabbi, but much of the rest of his biography is that of a strongly conservative priest fighting for the reestablishment of the Jesuit order in Aachen and against anything threa tening the unity of the faith. See NBD/ABD Deutsche Biographie, http://www.deutsche accessed August 12, 2011.

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244 was the grand had saved one more Jewish family from its own self imposed destruction. Nellessen h 127 and reproach that the Jews were only hucksters and did not want to learn any ha 128 Yet, according to Nellessen, underwriting this secular career choice 129 Cerf, obviously, may have felt quite differently and v iewed his career as being free to do something of his own choosing or as a political statement of his worthiness to be a citizen. Nellessen continued his focus on God directed conversion rather than increasing societal openness as his tale moved the Marxe s closer to Christianity. The Marx family had spent the previous ten years in Aachen and had earned the respect of both Jewish dissatisfied with Judaism, no longer atten ding the synagogue regularly and sending his children to Catholic school. In 1829, Cerf first visited Nellessen and expressed interest 127 Leonard Nellessen in Schncke, ed., 447. 128 Ibid. Se in Die Familie Marx und die Trierer Judenschaft ( Trier: Karl Marx Haus Trier, 1975), 25 6. 129 Nellessen in Schncke, ed., 447

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245 in converting, but his wife Henriette was not yet ready. Nellessen urged him to 130 and wai t until she changed her mind, but the priest also began instructing Cerf and gave him a New Testament to read. Henriette, 131 of the Evangelists, eventually agreed to become a catechumen along with her husband and daughters. Several items he glossed completely over any social, economic, or political advantages that conversion clearly held for Cerf Marx and his family. Nellessen also ign ored the fact that others might have had different levels of religious experience and commitment than his own. That Cerf no longer went to the synagogue regularly or sent his children for religious instruction was most likely more an indication of an incr easingly secular age than necessarily a strong dislike for the faith of his childhood. The same could also be said ba ptism and conversion. It s largest problem was its focus on conversion as a single moment of divine revelation and change rather than the lifelong process that it really and offered tantalizing clues as to what this moment may have meant to the Marxes. ruggles that they had to earn the right to call themselves Christian. the 130 Ibid., 448. 131 Ibi d.

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246 132 As such, they were examples to both Jews and Christians of what faith could be. Yet what they had been was now dead. They had crossed an abyss between the faiths. As part of their baptism, Cerf and Henriette had to remarry and the entire family took on new names. Henceforward Cerf would be known as Heinrich Paulus Marx and his wife as Clara Henrika Marx. 133 be understood? Was it, as Nellessen saw it, a complete break with the p ast? It is difficult to tell, because after converting Cerf and his family disappear completely from the historical record. It is as if Nellessen used them in much the same way as th account. The Marxes were merely play actors that Leonhard Nellessen used to create the message that he wanted. There are hints going in both directions as to whether and rejecting the past, or not. Nellessen himself mentions one line of continuity between past and present there were Jews in attendance at the conversion ceremony. 134 However, any close relationship with the impoverished nephew Karl had had any contact with the family in Aachen, he certainly would have written to them begging for funds as he did with all of his other relatives. 132 Ibid., 466. 133 baptism registry. It is hard to imagine why this was the case. Perhaps anti Semitism played a role here or maybe a simple error was mad e. 134 Ibid., 448.

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247 conversion is what caused a breakdown with relatives in Trier. It could have happened earlier and for completely diff erent reasons that have been lost in time. toward a new life, was also a decision retaining strong connections to his past. Did beliefs while actually clinging to another in his heart? We cannot know, but it is clear that his conversion, for all its sense of disappointment and rejection, was also what Viswanathan would label a threa society could be in offering emancipation and then qualifying it with such a list of hearted, as it likely was, it also pointed out the fact that society could control only some parts of his decision making. Cerf himself always controlled the level of commitment that he was willing to make. One could argue that his brother Heinrich responded in a similar way to s imilar circumstances. Because of his famous son Karl, the conversion of Heinrich Marx has been a topic that has long fascinated historians, and the discussion has been rich enough for historians to develop a separate historiography for it. Yet the proble m with previous scholarship has been a focus not on Heinrich as an individual, but rather how and will even be discussed briefly toward the end of this chapter, a differen t approach is necessary to understand Heinrich in his own context. Otherwise, Heinrich remains what someone living towards the future rather than in his own present and as such someone lacking in control over his own destiny.

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248 The end of French rule in Trier brought changes to Jews and the community as a whole. The city now had about 13,000 residents (up from 10,000) and had a Jewish population that had grown from twelve families to around 200. Mayor Wilhelm Haw reported that relations between the faiths in Trier were quite smooth, and there is no indication from other sources that large problems existed. In fact, visitors and residents 135 However, th ere were important underlying tensions in the community. As was true of other areas of the The Rhineland had done well under the Continental System because it did not ha ve to compete with English goods. New economic competition coupled with a series of harvest failures and decreasing production of iron meant that by 1837 there were only 136 The lack of concern among the Prussian lead ership for their new territory and the new seemingly arbitrary regulations they ciety incident described in C hapter 5 their dis pleasure, even if they sometimes got in trouble for it. 137 Wilhelm Haw that less than 50 Jewish c hildren in the entire consistory had the funds to 135 Hubert Schiel, Die Umwelt des jungen Karl Marx. Ein unbekanntes Auswanderungsgesuch von Karl Marx (Trier: Verlag Jacob Lintz, 1954), 5 7 and Monz, Karl Marx und Trier, 107 8. The same could not be odds with one another throughout the first half of the nineteenth century. 136 Fritz Raddatz, Karl Marx: A Political Biography, tran s. Richard Barry (Boston Mass. : Little Brown and Company, 1978), 8. See also Monz, Karl Marx und Trier 30 1, 37 8. 137 Ibid., 9 10.

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249 attend school. 138 In 1815 Heinrich penned an impassioned letter to the Prussian occasion of the happy union of our country with th petitioning for some relief from the onerous regulations of Jews. 139 The document holds commenced by urging tolerance, arguing that in modern ti mes anything else would be 140 During the French Revolution tolerance was threatened because demagogues controlled the state, scaring people into false beliefs about Jews in order to further their own power. But evil politicians could not succe ed in taking away the Then, with infinite thanks to the Eternal One, we were and are still who after such a long oppression is not totally degenerated carries the unmistakable stamp of noble humanity; there lies in his bosom the ineradicable seeds of virtue, and a spark from God inspires his spirit. It is true and it gives me pleasure to confe ss it loudly; it was not due to our spirit of Christianity can often become dark through fanaticism; the pure morals of the gospel stained through ignorant priests. But it could not b e missing that also in the darkest times such gentle teachings could not 141 Here two faiths united as one since neither could renounce that inherent, sacred spirit which gave them life. In much the same way as Josef von Hommer and Joseph von 138 Samuel Marx in Schncke, ed., 37 8. 139 Historical works discussing this document include: Francis Wheen, Karl Marx: A Life (New York: W.W. Norton, 1999), 10; Pierre Birnbaum, Geography of Hope: Exile, the Enlightenment, Disassimilation, trans. Charlotte Mandell, (Stanford Calif. : Stanford University Press, 2008), 49; Feuer, 154 6; and Rauch, 19. See also Karl Georg Faber, Zur Biographie von Heinrich und Karl Marx (Wiesbaden: Steiner, 1965); and Jahrbuch des klnischen Geschichtsvereins 14 (1932): 111 125. 140 Ibid., 141. 141 Ibid., 142.

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250 Grres, Heinrich had imbibed a universal religious spirit that saw faith as a broad band across time and space. Yet the piece drew equally upon the secular universalism of law in arguing against the Dcret Infame using reasoning that Franz von Lassaulx would have praised Laws, by definition, could be neither capricious nor exclusive; they had to apply to all people equally or risk being accepted by no one. Laws were firm lines drawn in the sand tha t kept a society whole, connecting the tissue of local affairs to universal societal values. legislation. If deviation is inevitable in some nearby items, then every confusi on must 142 When law did not fulfill this basic function, when it singled out individuals or groups without reason, then it risked angering and disheartening the very people it was trying to make citizens. Thus under Napoleon, enough to continue to change finally in old age let their hands sink in despair as they saw too late that they were not strong enough by themselves to defy the dominant spirit 143 Heinrich and other Jews hoped that a new age of universal law and faith had finally opened in Prussia. As had been true for Josef von Grres, Heinrich Marx found the universal aims of Enlightenment and revolutionary reforms decimated in the wake of the Congress of Vienna. Heinrich, however, had already endured enough during his struggles to 142 Ibid. 143 Ibid., 143 6.

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251 become a lawyer to recognize that any reforms would b e difficult. In June 1815, shortly l citizens and prove them worthy of their 144 acceptance would allow him to better assist his fellow Jews on the path to emancipation and citizenship. 145 Yet he could not ne cessarily help himself. In 1815 Friedrich Wilhelm III decreed that Jews were to be banned from public office, and by 1822 he had banned them from 146 urged that the justic e minister make an exception for Heinrich Marx and two other court who characterized Hein 147 Sethe had met him personally and was impressed even though he only met him briefly: t he three Israelites are natives. T hey have rightfully attained their employment ; they have confidence in the law, which does not exclude Jews from public offices, selected this branch of trade. T hey will become unemployed if they lost it A lso they have the royal assurance given without 144 Ibid., 147. 145 Ibid. 146 Raddatz, 6. 147 Paul von Sethe in Schncke, ed., 148.

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252 restriction by certain officials, that if the y behaved in an incorruptible 148 to be anti Semitic, that was not necessarily the case with officials in Trier. Unluc kily, such an open attitude toward Jewish emancipation did little good. The Prussians insisted upon conversion for Heinrich to continue to be a lawyer in their courts. 149 As was true for Josef von Hommer and Joseph von Grres, confirming an actual date of something that happened in stages without firm chronological boundaries. An exact marker like a baptismal date is missing, in part because Marx converted to the Lutheran Church, w hich was not yet strong enough in Trier to have precise baptismal records. written in April 1816 and before his own children were baptized in August 1824. The baptismal document stated that a Prussian military pastor named Mhlenhoff had baptized Heinrich earlier. 150 148 Ibid., 148 9. 149 The anecdotal evidence that he converted, at least in part, to re main a lawyer is overwhelming. Multiple relatives recalled in later years When Trier became part of Prussia, he was given so I was told the choice by the Prussian government, to allow himself to be bap tized or give up his position. He did the former and converted to Christianity with his wife In 1896 Wilhelm Liebknecht, a close friend and (Schncke, 357 and Feuer, 150). randson, repeated t he tale in 1949 (Schncke, 359). Georg Families Heinrich Mar x zum evangelischen Christentum, Sonderdruck aus dem 14. Jahrbuch des K lnischen Geschichtsvereins. Cologne, 1932: 126). Other historians of Marx have also accepted this scenario including Raddatz, 49; Wheen, 10; Schncke, 104 ; and Jerrold Journal of Interd isciplinary History III, no. 3 (Winter 1973): 481. 150 Schncke, 833.

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253 in Berlin to grant Heinrich Marx the right to be a lawyer. 151 Hans Stein went further in another minister replaced Mhlenhoff and an official Lutheran congregation was founded in Tri er. 152 These dates are probably the best possible guess as to when Heinrich converted, but they are not the only possibility. Stein offers no proof that Mhlenhoff necessarily left Trier immediately. Heinz Monz argued that Mhlenhoff could have remained for quite some time since the new Lutheran minister was serving several area congregations and would have needed assistance. Up until 1818 it was even possible for Protestant children to be baptized by Catholic priests in Trier because the Lutheran Church was not yet completely established. 153 Even more important, if we view member of the Jewish debt commission, a body charged with the tricky task of assessing Jewish tax debts. Richard Laufner has proposed that Heinrich could not have converted before this work was complete because the commission would not have accepted a non Jew as a member. 154 Of course, Laufner could easily be mistaken 151 The Hibbert Journal (November 1956): 340; Feuer, 150; Raddatz, 4; Birnbaum, 46; Siegel, 481. 152 Stein, 128 9. The congregation met in a chamber of the Oberappellationsgerichtes until 1819, so Heinrich may have been baptized in the very courtroom where he argued cases. Ulrich Hahn, Blick ber den Zaun: Juden und evangelisch e Christen in Trier (Trier: unknown, [1987]), 6. 153 Monz, Karl Marx und Trier, 135. 154 Richard in Die Familie Marx und die Trierer Judenschaft ( Trier: Karl Marx H aus Trier, 1975), 17.

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254 suggest, however, is that the demarcatio n line between Christian and Jew was porous. As a border figure, Heinrich Marx acted as a bridge between the two worlds for quite some time. The issue of Jewish taxes and protection money owed to Christian authorities had existed for centuries, but it bec ame more confusing in the wake of the French Revolution as governments kept changing, taxes were uncollected in periods of unrest, and Jews relocated. By 1817 assessed Jews complained that their communities that Jews who had moved should also have to pay, and that they did not have the funds. T his delicate situation became even more so in 1819 when local authorities decided to reject the work that had been done previously and develop yet another list. Lawsuits s oon followed. Heinrich Marx was the lawyer for Mayor Haw and the Jewish debt commission and represented them in civil trials beginning in 1825. By the time the case ended up in the appeals court in Cologne in 1829, Marx no longer headed up the defense bu t continued to do work on the case. Heinrich had to ask multiple times to receive an honorarium for his work and was finally granted 67 Taler in 1831. 155 as a whole continued well after he converted, whatever the actual date of his baptism was. rate at which he turned away from past associations, but by his slow movement toward the Prussian Lutheran sphere as part of his grow ing successes as a lawyer. At first 155 Ibid., 12 6.

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255 1825 in Trier 11,927 residents (94.1%) were Catholic, while only 500 (2.9%) were Lutheran. Yet Prussia made noticea ble inroads in Trier over the next 25 years, more than doubling their membership. 156 decisions as to what faith to choose had clear, pragmatic roots in the direction he wished his career to progress. In October 1819 Marx purc hased his first home, a comfortable dwelling in the Simeonsgasse near the Porta Nigra, the ancient city gates. 157 As described in C hapter 5 he successfully completed the state exam in procedural law to becom e an Advokatenanwalt or lawyer attorney in July 1820 after being recommended by someone in the upper judiciary Marx was now a fully certified attorney able to go to court and represent clients by himself. 158 It is also possible that Marx converted shortly before this exam took place because he viewed t he test as an important career stepping stone for which he was willing to convert. However, t he most interesting moment in his conversion journey was the conversion of Heinrich Ma August 26, 1824. One day after conversion, Heinrich Marx was listed among the enrolled attorneys for the 159 This moment marked the final formal step in his 156 Karl Marx und Trier, 39 41. See also J.F. Gerhard Goe Monatshefte fr evangelische Kirchengeschichte des Rheinlandes 39 (199 0): 25 31. 157 Schncke, 166 8. 158 Jahrbuch des Instituts fr Deutsche Geschichte 8 (1979): 137 8 ; and Schncke, 104. 159 Schncke, 105 6. Of the five c ouples who served as godparents for the Marx children, three were lawyer families and an additional one was a member of the government (Monz, Karl Marx und Trier 134 5).

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256 conversion process. Jewish conversions to Christianity were usually seen as incomplete until their chil dren had converted. 160 Had Marx been told that his legal standing would only be secure if he proved his loyalty through the conversion of his children? becomes mute. Marx may also ha ve waited for this moment to have his children convert for other reasons. His mother had died the year before. His wife Henriette did not convert until the following year, after the death of her own parents. One might indeed accuse him of hypocrisy, of waiting until part of his older life had died, before fully embracing the new. Yet, as stated earlier, Marx neither abandoned his connections to the Jewish community or those with his own family. Those threads, however loosely woven they became with his conversion, did not break because they were bound across familial generations. What Heinrich had been, what Karl would become, could not be severed by a conversion that was incomplete, even if formally certified by signatures on a baptism document. Heinr Eleanor that he had to convert. Eleanor, however, was drawn to Judaism herself. She was known to give lectures in Yiddish to proletariat crowds in Whitechapel and once urged 161 Eleanor might have easily adapted anything 160 Carlebach, 149. 161 As qtd. in Birnbaum, 79. See also Feuer, 150 2 and Birnbaum, 49. Kapp, argued that Eleanor was indifferent to the plight of Jews early in life but became increasingly

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257 that she heard from her father about her grandfather into a mold of tragic, forced sion in the entirely different light of the Enlightenment. In 1907 she paternal grandfather renounced the Jewish religion for Protestantism in 1824: he did so freely and no t in obedience to any official edict. He believed in God, he told his son, as 162 It is true that as a well educated, liberal lawyer Heinrich Marx would have embraced many Enlig htenment philosophical principles, ideas that could have led him away from the faith of his ancestors. At his death his library contained (in addition to copious numbers of legal codes and foreign language dictionaries) works by Schiller, Thomas Paine and Herder among others 163 However, Lafargue may have had just as narrow a vision of by the Enlightenment as Judaism, so it is difficult to believe that Marx would find o ne faith more appealing than another for strictly philosophical reasons. 164 involved in their cause in the 1890s in the wake of pogroms in Russia and the Dreyfus Affair. In a letter accepting a Yiddis Eleanor worked as a translator at several International Congresses, and viewed learning Yiddish as a better way to convince Jewish women in Whitechapel to accept the sociali st cause than trying to teach them English. Yvonne Kapp, Eleanor Marx vols. 1 2 (New York: Pantheon Books, 1976), 174 5 + 510 526. 162 As qtd. in Feuer, 151. 163 Schncke, 293 6. 164 Feuer, 152.

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258 is most realistic Church, but that none the less both had accurately apprehended parts of the 165 Heinri His decision was not just because he was being forced to convert, not just because he at the cente r of all these concerns and as such was as much self motivated as it was controlled by the world around him. Late in life Heinrich Marx wrote a series of letters to his beloved son Karl, then attending universities in Bonn and Berlin, that allow us to pro be more deeply into 166 Yet th e overall impression from someone with a heartfelt, underlying spirituality that he wished to impart upon his offspring. Shortly after Karl Marx began his university career, his father wrote in November 1835, That you remain morally good, that I do not really doubt. Still, a great lever for morality is the pure belief in God. You know that I am anything but a fanatic. But this belief is for man, early or late in li fe, a genuine need, and there are moments in life when even an atheist [ Gottesleugner ] is drawn to 165 Ibid., 156. 166 141, among others.

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259 pray to the All Highest. for that in which Newton, Locke, and Lei must submit to. 167 Here we observe religi ous sensibilities at their deepest. Heinrich Marx was not trying to convince a wider public of the importance of religion as Josef von Hommer or Joseph von Grres did after their conversions. Marx wanted instead to impress his feelings about faith upon h is own child. Yet there remains a connection between what Marx was doing and what Hommer and Grres had done. As Geoffrey Galt Harpham might have moment for himself i n which writing down what he believed helped confirm it. Sharing his views also meant hoping that they would spread, if only to his son. confident depth of Josef von d, it was a hesitant belief of a prudent man more at home in day to day realities than in the pondering of the eternal. In another letter t you know that I, a practical man, am not altogether so unpolished as to be insensitiv e to the Noble and the Good, but nonetheless I do not willingly withdraw from the earth, where I have a base, exclusively into the ethereal 168 his existence, it did have a breadth easily equal to that of many of his contemporaries. A few months before his death and a few days before the death of another of his sons, Eduard, Heinrich again wrote to Karl about his understanding of how the puzzle pieces of life fit together. 167 Heinrich Marx (Trier) to Karl Marx (Bonn) 18 November 1835, The Letters of Karl Marx, trans. and ed. Saul Padover (Englewood Cliffs, N J : Prentice Hall, 1979), 491 2. Also Schncke, 233. 168 Heinrich Marx (Trier) to Karl Marx (Berlin) 2 March 1837, Padover, 501.

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260 One is a man, a spiritual being, a memb er of society, and a citizen, hence physical, moral, intellectual and political ennoblement. Only when there is and attractive whole be pr girl, and which can be called a genuine picture with more truth and 169 For Heinrich Marx, his religious life was all about balance how could he best create an overall moral code by which to live. Thus, conversion for him was a form of reestablishing an internal equilibrium after circumstances had undermined his old one. The process of religious change was made easier by the fact that what he con verted from and what he converted to were similar puzzle pieces because they both recognized an eternal, moral presence and his uncertainty was derived in part from the amor phous nature of his own conversion experience. Though he converted to Protestantism at the age of six, Karl Marx could never completely escape his Jewish roots, despite his earnest efforts to paint himself otherwise. His writing about Judaism was often b itter and contradictory. tside the boundaries of society. But the Jew likewise can only adopt a Jewish attitude, i.e. that of a foreigner, towards the state, since he opposes his illusory nationality to a ctual nationality, his illusory law to actual law. He considers it his right to separate himself from the rest of humanity; as a matter of principle he takes no part in the historical movement and looks to a future which has nothing in common with the fut ure of mankind as a whole. 170 Jew s were naturally hypocritical and their loyalties were always to be questioned, making their fate inescapable without conversion. His letters also sometimes contained 169 Heinrich Marx (Trier) to Karl Marx (Berlin) 9 December 1837, Padover, 508. 170 Kar The Marx Engels Reader ed. Robert Tucker (New York: W.W. Norton, 1978), 27.

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261 anti Semitic remarks about his opponents and he regular ly equated Jews with everything that he despised about the bourgeoisie in general. 171 Yet one could not argue that he completely ignored his own connection to Judaism. With his uncle and fellow convert to Christianity, Lion Philips, Karl Marx discussed the Pentateuch and Spinoza. 172 He eagerly courted his Jewish aunts and other relatives when he was short on money. 173 a moniker that he seemed to have readily accepted. His daughter Eleanor willingness to learn Yiddish late in life to speak to Jewish crowds also shows a small, continued connection to Judaism across generations 174 So was Karl Marx Jewish or not? If we only use baptismal and confirmation records as evidence, then we must s ee him as a Protestant. However, one striking element in modern literature on Karl Marx is the number of scholars who not only highlight the challenges that he faced in declaring that he was not Jewish, 175 but also some who continue to unapologetically labe l him a Jew. 176 This rigid classification continues despite the horrors of the Holocaust and the recognition that the Nazis regularly mislabeled Jewish converts to Christianity and those who intermarried as still 171 Kamenka, 349; Birnbaum 71; and Feuer, 164. 172 Reformed Church in 1826 along with the rest of his family. Karl Marx stayed with Philips for two weeks while visiting Europe after the death of his mother. 173 Schncke, 317, 384, 398, 419; and Padover, 172 3. 174 Birnbaum, 78. See also Kapp, vol. 2, 510 26. 175 Julius Carlebach, Karl Marx and the Radical Critique of Judaism (Boston Mass. : Routledge & Kegan Paul, 1978), 310 2; Monz, Karl Marx und T rier 180 1; Birnbaum, 48 50, 70 1; Feuer 157; Kamenka, 344 5. 176 Endelman, 115.

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262 Jewish. Why? One obvious reason was the ag e at which Karl Marx converted he was too young to have chosen conversion for himself. Calling Marx Jewish also speaks to the racialization of Jewish identity, especially in the nineteenth century, which prevented Jews from ever escaping their fate. Ye reaction to religion was not based in the rigid boundaries between faiths, but in the fluidity of those borders when faced with the challenge of conversion. Trier in the 1820s and 1830s lay at the intersection of diff erent religions. One can most readily observe this phenomenon in walking the city and reading its placards. The Jewish synagogue of Samuel, Heinrich and Cerf Marx at Weberstrasse 183 was only a few houses away from the back of the Jesuit founded gymnasiu m attended by Karl to the newly founded Protestant congregation in Trier. Thus, Heinrich watched his son being confirmed in the Evangelical Church only a few blocks away from where he himself had learned Jewish traditions. When faced with so many different options both in the city and in his own home, Karl Marx came away confused and lacking in a feeling of religious belonging. 177 Cynicism and questioning the necessity of having religion at all were natural byproducts. For the previous generation, however, the religious and social freedoms proffered by the French Revolution meant quite a different reaction to the question of faith. Josef von Hommer, Joseph von Grres, Cerf Marx and Heinrich Marx lived an age of 177 Monz, Karl Marx und Trier 180 3.

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263 expanding possibilities in which previous limits or boundaries came into question. As was true of religious conversions throughout the ages, all of these gentlemen converted in part out of dissatisfaction with the status quo, a sense of disappointment in what they had hoped the Revolution could achieve. The reasons behind their discomfort ranged from the religious concerns of Hommer to the political ones of Grres to the social ones of Cerf and Heinrich Marx. Yet all of their conversions also spoke to the radically nebulous nature of conversion, and ultimately religion, itself. In none of these cases can one point to a moment in which conversion was complete, in which their former selves ceased to exist or pla y a role in their lives because they were now enlightened As converted Jews, Cerf and Heinrich Marx (and Karl to his extreme frustration) never fully escaped the distrust traditionally heaped upon Jews. Heinrich especially lived most of his life in a religious borderland in which he at times crossed back over the confessional dividing line to help Jews in need. There is only a single record of Heinri ch ever taking communion. 178 Joseph von Grres also faced complaints that his newfound Catholic polemic was merely that a recently discovered way to continue battling against something, anything that could allow him to see himself as a warrior with a pen. 179 Josef von Hommer, now a religious bishop carefully guarding his flock, did not completely abandon the ways of his aristocratic upbringing. One person complained long after 178 3 June 1827, Schncke, 195. 179 Konrad Engelbert lsner, 2. October 1813, as qtd. in Raab, ed., 168 and Johann Heinrich Vo, 1826, as qtd. in Raab, ed. 252.

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264 he had become bishop 180 Such questions, however, are not meant to insinuate that any of these converts were without religious conviction or even that such beliefs could not be driving forces in reconfiguring their lives. The main argument here is that rewrit was a balancing act between past and present, meaning that no conversion was ever finished. So if the convert can never be completely converted, if conversion, as they say, is a journey rather than a destination, what does that mean for reli gion itself, especially in such a tumultuous age like the French Revolution? of a societal paint by number, then the answe r would have to be yes. However, if we view conversion instead from the viewpoint of converts then the answer would be no. Instead, individual converts themselves become cultural arbiters and play a role in defining what religious faith is and where the boundaries are between different confessions. Social, political, and religious forces do set standards of behavior, create ceremonies of induction and regularly provide warnings as to what might happen to those who wander fr om the flock. Indeed, Chapter 6 will focus on another of these borderlines, that of mixed marriages, and how even converts like Hommer, Grres and Marx found it necessary to comment upon them and rigorously defend them. However, individuals who convert undermine such standards merely by their presence because they wash away such divisions in the incompleteness of their conversions. 180 Monz, Karl Marx und Trier 47.

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265 And if religious converts are crossing boundaries established between faiths in the aftermath of the French Revolution, what does that say about other bou ndaries, like national ones, that are being created at the same time? As Gauri Viswanathan argues, the key factor lies in the multiple affiliations opened up by conversion the possibilities of occupying several positions in relation to both nation and re ligion. The blurring between the objects to which the convert assimilates and those he (or she) challenges with a free crossover between assent and dissent is precisely the source of the power of conversion. 181 Ultimately, however, it is not about making a ll things relative, but instead about making all things relevant only if that meant rewriting societal e xpectations. One could equally write the reverse, that these gentlemen were embracing societal ideals, the ones that they found pertinent in their own lives. Conversion was not the stark imagery of one life chosen over another, but rather the more compli cated and rich picture of lives, religions, and peoples interwoven together. 181 Viswanathan, 42.

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266 CHAPTER 6 THE COLOGNE TROUBLES AND DEFINING THE GER MAN NATION: DEBATING MIXED MARRIAGES IN T HE RHINELAND, 1817 1840 Near the end of his life, seventy seven year old Bish op of Trier Josef von Hommer position, had not always been smooth. The French Revolution, the Napoleonic era and now the Prussians had all challenged his sense of place a nd duty. Events had led him from being a rather self satisfied young clergyman to a new role as a regional Catholic leader on a mission to rebuild and defend the Church against the challenges of modernity. Through it all, Hommer had sought compromise, tr ying to be aware of both where the Church needed reform and where it needed to stand its ground. Although the Church, so much as it is a human institution, particularly in the area of discipline is penetrated by many abuses like all human mechanisms tend to unavoidably be, it is nevertheless better to bear the abuse than destroy unity through its removal. There are bad states of affair everywhere. Remedy one, and another comes. 1 He was neither in favor of ideological lines drawn in the sands n or of bom bastic preachers purposely antagonizing their opponents because both could destroy Church unity. Instead he sought quietly, but firmly, to educate the next generation of Catholics trusting that God would provide the change of heart necessary to bring peo ple back to the Church. Now he was confronted with an unavoidable difficulty from an unlikely source his beloved brother, Peter Melchior von Hommer. Peter had been a second father to 1 Josef von Hommer, Josef von Hommer, 1760 1836: Meditationes in Vitam Meam Peractam, Eine Selbstbiographie ed. and trans. Al ois Thomas (Mainz: Selbst verlag der Gesellschaft fr Mittelr heinische Kirchengeschichte, 1976), 277.

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267 Josef 2 and Friedrich, only thirteen years younger than his uncle, would probably have been more like a younger sibling to Josef than a nephew. Friedrich had had a career in the French and Austrian militaries had settled in Hungary with his wif e and three dau ghters, and had become a government lawyer. In June 1835, Friedrich wrote his 3 ughter Lina had recently received a marriage proposal from the son of a close friend, Herr von Brderssohn. The match would be an advantageous one in which his daughter would be well provided for. The problem was that the bridegroom was Lutheran rather t han young man had persisted. Friedrich then suggested that he might allow the couple to wed if they agreed to raise any children as Catholics, but the man said that hi s parents would not consent to such conditions. Living in a small community, Friedrich knew that he would make enemies if he did not allow the marriage. However, he feared for his daughter and any possible grandchildren would they be teased and become indifferent to their faith? Would he be giving too great an advantage to the Protestants and above all, would he be risking what 4 Friedrich begged his uncle to write back as without any consideration of nearness but 2 Ibid., 203. 3 Friedrich von Hommer as qtd. in Peter Weber, Trierer Theologische Zeitschrift Pastor Bonus 35 (1922/23): 284. 4 I bid., 285.

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268 5 Friedrich desired an answer that was definitive, something upon which he could hang his faith and his decision proudly, without any doubts. In fact, he so often mentioned t he need for clarity in his letter that one wonders grandfather Johann Cramer had converted from Protesta ntism to Catholicism. now raising her children as Lutherans in Norway. 6 nephew, while somewhat generous in his praise of Protestantism, d rew a tentative line between the two faiths. The bishop recognized that Lutherans were pious with strongly held beliefs. I was a good man who loved her, he might not make any overly harsh criticism of her different fait h. Yet problems would arise, Josef von Hommer warned, when children entered the picture. to the raising of children there is something quite different. Differences in religion are always an obstacle to spouses loving each other as they 7 If Friedrich had had sons rather than daughters, the situation would be easier since men were masters of 8 Life in a mixed marriage wo uld be difficult and would not allow the couple to focus on what was ultimately most important God. 5 Ibid. 6 Hommer, Meditationes 209. 7 Josef von Hommer as qtd. in Weber, 286. 8 Ibid.

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269 I cannot tell you that your grandchildren would be of different faiths or that a similar danger happens, that they have none. The time that we live on ea rth is short. Money, goods and fortune do not make us happy or satisfied. Nothing can make us content except a view above where a judge 9 marriage nor considered it a fully viable option for a healthy union. Instead he turned to God as an ultimate heavenly judge. obviously wanted a firm condemnation of mixed marriage that he could take back to his 10 his lingering doubts had led him to consult other Ca tholic writings on equivocation on mixed marriages was sinful such unions were forbidden. He gently admonished his uncle for providing such a cautious response to his que stion. Also you, dear Herr Oheim, have not been totally candid with me in this re spect. T hen otherwise how you could have not added your disapproval of such mixed marriage in your letters that we exchanged over this issue ? Your statements should not be w ritten as if I could have other opinions. Am I allowed to have another opinion than that of the Church? 11 For Friedrich, the answer was now clear he must find another suitable Catholic mate for Lina. Although the young Protestant man tried once more to months later, Friedrich declined, saying that their family friendship was now at an end. 9 Ibid., 287. 10 Friedrich von Hommer as qtd. in Weber, 287. 11 Ibid., 288.

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270 In June 1836, Friedrich wrote one last time to Josef that his daughter had finally married a good Catholic. 12 What could be considered a simple family matter had much broader historical implications. The issue of mixed marriages between Catholics and Protestants roiled the Rhineland in the mid to late 1830s. Josef von Hommer did not just face questions from his nephew but was confronted with ser ious pressure from all sides on the issue, even on his deathbed. Tensions reached their climax in November 1837 with the arrest allow Catholic priests in his diocese to perf orm such unions. Pamphlets and books from both sides rolled off the presses as anyone of any importance felt the need to comment. Joseph von Grres, now a rising Catholic polemicist, made the most important and long reaching political contribution to the debate with his seminal piece, Athanasius Even Heinrich Marx, then also near death, found the strength to give his own legal impressions of the matter. The whirlwind of the French Revolution unleashed yet another critical debate that ultimately center ed on the validity of borderlines drawn between different groups. With all of its societal questioning, the events of 1789 had already opened new vistas into and man aged. critical societal building blocks like marriage. Simon Schwartzfuchs has suggested that this fundamental shift seriously undermined all religious authority. Before the French Revolut ion and the introduction of civil marriage, mixed marriages had been an impossibility, a legal nonsense, as it was impossible 12 Ibid.

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271 to marry two persons who did not belong to the same faith: one of them llow them to marry. This was not necessary any more. As a consequence, mixed marriages, which did not involve apostasy on either side, had become possible. Their number grew without any possibility of counter action, except moral persuasion, on the part of the community. 13 As was also true of religious conversion, the issue of interfaith marriage in the Rhineland showed just how porous group boundaries could be in a world of changing allegiances. Not since the Reformation several centuries earlier had de bates over who belonged to what faith been filled with such vitriol and significance. Yet arguments were now about much more than sinning against God. What had previously been a personal ity, had now taken on national significance. Could an emerging Germany be both Protestant and Catholic? Or were mixed marriages a path to secular disinterest with children doubting the necessity of faith in a modern world? What role should state politic s play in matters of personal conviction? Where better place to ask such questions than a region that was alre ady on the outskirts of Prussia ? As a center of legal, linguistic, and political change, the Rhineland was a prime arena for such difficult dis cussions. Rhinelanders knew better than most could interact across boundary lines arbitrarily drawn by distant politicians. Yet intermarriage in the Rhineland was an i ssue over which many felt that lines of distinction should be strengthened rather than erased. Both Josef von Hommer and Joseph von 13 Simon Schwarzfuchs, Napoleon, the Jews, and the Sanhedrin (Boston Mass. : Routledge, 1979), 191. Marriages between different cultures have som e of the same characteristics. One interesting volume on the challenges of mixed cultural marriages is Rosemary Breger and Rosanna Hill, eds., Cross C ultural Marriage: Identity and C hoice (New York: Berg, 1998).

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272 Grres, to varying degrees, argued against Prussian nationalists who felt that one of the best routes to national integrati on was through religious intermingling. Rhinelanders feared not only for their Catholic faith, but also for the ultimate direction that this new, more open way of thinking might be taking them. The gradual slope towards less distinct faith boundaries was inexorable, but only when viewed from the present. Dissenters would prove multiple times that new directions were only as solid as the support behind them. The issue of religious integration as national policy was shaped by the French Revolution ary experience. Many religious wars had been fought throughout Europe over which region would belong to what faith. However, it was not until the early nineteenth century that the state began to take such a keen interest in how to instill national pride amo ng culturally diverse religious groups. As seen in Chapter 2 nhedrin clearly demonstrated his strong desire to overcome any sense of Jewish religious exclusivity and make them into loyal French citizens. The assimilation of Jews into the polity challenged nation states for decades to follow. The Jewish question raised many of the same issues about private versus public affairs, the societal role of religion and how governments could achieve enduring national integration While Catholics and Protestants were never as far apart as Jews and Christians, similarities between how these groups discussed emerging national and religious interests, especially in regards to mixed marriages, are striking.

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273 Napole 14 into the French state required multiple lines of attack. From drafting Jews into the army to creating Jewish consistories of community leaders who reported directly to the go vernment, Napoleon sought to diminish Jewish cultural ties in favor of national ones. His most radical and far reaching recommendation dealt with intermarriage should be] on ly two between Jew and Jewess and one mixed marriage between Jew and Christian. If the application of this disposition should prove to be too difficult, measures must be taken to engage to instruct, to encourage, to command in order to 15 16 The emperor embraced the only real physical means of joining two such culturally diverse peoples forcing them to marry one another in order to erase a difference that was inherent in their very blood. Unlike being in the army or working in a sacrificing their children up to the nation by marrying them into it. There could be no turning b citizens. No question evoked more disagreement between Napoleon and the Grand Sanhedrin than that of intermarriage. Like the emperor, the Sanhedrin recognized that mixed marriages were of vital interest in defining what Jewish faith and culture would 14 Napoleon Bonaparte as qtd. in Jay R. Berkovitz, Rites and Passages: The Beginnings of Modern Jewish Culture in France, 1650 1860 (Philadelphia Pa. : University of Pennsylvania Press, 2004), 121. 15 Napoleon Bonaparte as qtd. in Sc hwarzfuchs, 98. 16 Ibid., 100. See also Berkovitz, 123.

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274 become in the future. French government representatives knew that some of ideas for fear of sca ring or angering the Jews. 17 Napoleon had Jewish leaders assemble in two meetings the Assembly of Notables in May 1806 and the Grand Sanhedrin in February 1807. The second meeting brother Samuel, was merely meant to affirm t he results of the first with a larger number of Jewish leaders. Napoleon asked Jewish leaders to confirm their loyalty to the French state by responding to twelve questions based upon guidelines that the emperor provided. Only one question caused the any real hesitation or debate intermarriage. At both meetings, conservative and liberal factions battled over how to interpret Mosaic Law in a changed world. Some rabbis argued that marriage was a religious act, so both partners had to be of the same faith Others felt that since the Bible did not expressly forbid such unions, they should be allowed. One particularly astute would result from such marriages; but has a word been said of the great political advantages they would produce? If both should be put into the scale, could the 18 In the end, Napoleon got some, but not all, of what he wanted. The Sanhedrin refused to give its blessi ng to mixed marriages 19 but 17 Ibid., 101. 18 Paris grand sanhdrin, Transactions of the Parisian Sanhedrim or Acts of the Assembly of Israelitish Deputies of France and Italy, convoked at Paris by an imperial and royal decree dat ed May 30, 1806, trans. M. Diogene Tama (London: C. Taylor, 1807; New York: University Press of America, 1985), 146. See also Frederic Cople Jaher, The Jews and the Nation: Revolution, Emancipation, State Formation, and the Liberal Paradigm in America and France (Princeton N.J. : Princeton University Press, 2002), 110. 19 Berkovitz in particular focuses on the fact that rabbis still re fused to grant religious sanctio n to mixed marriages and thus were stronger in opposing Napoleon than usually they receive credit for (Berkovitz, 125).

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275 they agreed to recognize such civic unions as legally binding and not excommunicate any Jewish mixed marriage partners: Such is the opinion of the Rabbies [ sic ] members of this assembly. In general they would be no more inclin ed to bless the union of a Jewess with a Christian, or of a Jew with a Christian woman, that Catholic priests themselves would be disposed to sanction unions of this kind. The Rabbies [ sic ] acknowledge, however, that a Jew, who marries a Christian woman, does not cease on that account, to be considered a Jew by his brethren, any more than if he had married a Jewess civilly and not religiously 20 the Middle Ages, marriage moment sanctified by God. Now civil authorities claimed their own rights over marriages and demanded that the institution be redefined in a more open manner. Jews could do little to control this shift in authority. 21 It ultimately meant that they could not really reverse the direction that modernity was taking them, though they would make multiple efforts to slow it down. The Prussians were much slower and more deliberate than the French in considering Jewish Christian intermarriages, and it was not legalized until 1875. Much of the historiographical literature on German Jewish mixed marriages after this date concentrates not on those actually marrying outside the faith, but on the general impact that mixed marriages had on the faith as a whole. 22 Statistical analyses of the number of intermarriages, where and when they occurred, and whether they were more 20 Ibid., 156. See also Ren Gutman, ed., Le document fondateur du Judasme franais: Les dcisions doctrinales du Grand Sanhdrin, 1806 Sintzheim et le Grand Sanhd rin de Napolon (Strasbourg: Presses uni versitaires de Strasbourg, 2000 ), 29 42. 21 Cople Jaher, 124 6. 22 One of the scholars who examines the German Jewish mixed marriage issue is Alan Levenson, Jewish Reactions to Intermarriage in Nineteenth C entury Germany ( Ph.D. diss., Ohio State, 1990).

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276 prevalent among men or women dominate the discussion. 23 Other historians focus on whet her Jewish Christian mixed marriages were radical or mainstream and lump marriage issues together with those surrounding conversion, claiming that both were 24 reasons. Steven Lowenstein uses his data to disprove such a simplistic analysis of intermarriage and asserts that intermarriage rates overall remained low when compared with Catholic Protestant and endogamous marriage rates, despite strong communal fears. 25 Above all, and with due cause, historians have emphasized the role of anti Semitism in this process. Some even go so far as to argue that mixed marriages have not been widely studied because those Jews who did intermarry were not going to be accepted by non Jews anyway. Thus, the issue of assimilation becomes m oot since it was ultimately impossible to achieve. 26 While all these interpretations add considerably to the historical record, they ignore the wider framework of the debate what role did the state play in allowing mixed marriages and how did intermarria ge fit into a wider view of the changing societal place of religion? Critical to this discussion is more comparative analysis of Jewish and 23 See Zipperstein, eds., Assimilat ion and Community: The Jews in Nineteenth C entury Europe (Cambridge, UK : Cambridge University Press, 1992), 216 23; Marion Jewish Social Studies 9, no. 1 (2002): 1 20; and Steven Modern Judaism 25, no. 1 (2005) : 23 61. For an interesting counterpoint discussion of American Jews and intermarriage see Lila Susan A. Glenn and Naomi B. Sokoloff, eds. Boundaries of Jewish Identity (Seattle Wash. : University of Washington Press, 2010) 96 7 24 Todd M. Endelman, Radical A ssimilation in English Jewish H istory, 1656 1945 (Bloomington Ind. : Indiana University Press, 1990), 4 6. 25 Lowenstein, 23 40. 26 Levenson, 2.

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277 defined minorities was symptom atic of changing notions of citizenship and shifting balances in the perception and reality of relations between the civic and religious 27 In the early nineteenth century und er Napoleon, Catholics could argue that the radical paradigm shift in definitions of citizenship only applied to Jews, a recognizable threat to national integration. But it would not be long before authorities would make the same requests of Catholics. A s Catholic leaders in the Rhineland would discover, it was difficult to balance civil and religious commitments once the nation state had intervened. Throughout the nineteenth century, the Prussian nation state carefully cultivated and labeled religious a option was rarely taken until the early twentieth century. 28 In other words, the burgeoning state used reli gion as a tool to force citizens to categorize themselves. faith, especially among minorities. As seen in C hapter 5 Friedrich Wilhelm III and Friedrich Wilhelm IV we re both heavily involved in effort s to solidify Protestant Prussia through the control of religious minorities. The issue of mixed marriages was one of their largest battlefronts. Friedrich Wilhelm III did not formally declare the state to be Christian t he way that his successor would, but he did subtly push a Protestant agenda. 27 Ranier Liedtke and Stephan Wendehorst, eds., The E mancipation of Catholics, Jews and Protestants: Minorities and the Nation State in Nineteenth C entury Europe (Manchester UK : Manchester University Press, 1999), 4. 28 ; and Lowenstein, 24.

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278 direct conflict with the Rechtsstaat he also sought to establish a state based upon co nstitutional law that applied to everyone. This ambiguity was especially apparent around issues like mixed marriage. 29 Part of building any nation state is simultaneous belief in inclusivity and exclusivity. One establishes borders and cultural boundary l ines to keep some people out, while at the same time strengthening the connections between citizens by increasing their loyalty to the state. Intermarriage highlights the challenge of joining together such opposing principles. As Adrian Hastings has poin undoubtedly in some circumstances threaten the very existence of a community, just as in others it can threaten its purity and act as a red rag to a bull in actually exacerbating 30 Mixed marriages are proof that the carefully constructed boundary lines between people are arbitrary and without historical basis. In examining how the British dealt with religious mixed marriages in India Gauri Viswanathan ntly, the focus lingers on the notion that an undivided community preceded the disruptions wrought by mixed marriages, which also posed 31 Decisions made by individuals call into question the cultural hegemony of the state. 29 Chris topher M. Helmut Walser Smith, ed. Protestants, Catholics and Jews in Germany, 1800 1914 (New York: Ber g, 2001), 77 81. 30 Adrian Hastings, The Construction of Nationhood: Ethnicity, Religion and Nationalism ( Cambridge, UK : Cambridge University Press, 1997), 206. 31 Gauri Viswanathan, Outside the Fold: Conversion, Modernity and Belief (Princeton N.J. : Princeton University Press, 1998), 168.

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279 Then why was Napoleon, and later Prussia, so willing to promote mixed marriages ? 32 Perhaps it is because they recognized how society could be reconfigured to better match their nation dangerous tool. If they were mismanaged, one could create indifference or even opposition to nationalism. But if used properly, intermarriage could break down competing forms o f identity like the exclusivity of Judaism or the universalism of Catholicism. Individuals could be made more loyal to the state. Plans of developing national pride based in Protestantism did not always succeed, but they were an underlying force in Pruss Many Prussian nationalists also studied theology and regularly mined religious imagery in their efforts to spread national ideals. The nation was merely the highest imagining of Biblical creat slowly but surely eradicated. 33 Whereas many Prussian Protestants intellectuals heavily invoked religion in developing their understanding of nationalism, markedly fewer Catholic int ellectuals did so, with the notable exception of Joseph von Grres, as w ill be discussed below. German Catholics looked much more towards the Habsburg past to make sense of the German nation. To Catholics, Germany needed to embody the ideals of a univers al state with strong ties to the Church, rather than being a liberal, individualistic entity that 32 Hastings, 206. 33 century Germany in Helmut Walser Smith, ed. Protestants, Catholics and Jews in Germany, 1800 1914 (New York: Berg, 2001), 52 3. See also Anton Rauscher, ed., Probleme des Konfessionalismus in Deutschland seit 1800 (Paderborn: Schningh, 1984 ).

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280 was ultimately exclusionary. Even into the present era, German Catholics have had a different cultural code and are willing to defend their understanding of morality any time that it is jeopardized For Catholics, the state can only function within the larger Catholic moral order. When the embodiment of the nation in its state constitutes a permanent violation of cultural norms, threatens the survival of the p eople who make up the nation, and when it is a violation of divinely revealed and natural law, then the nation is in opposition to the state and thus the Catholic individual should oppose the state. 34 obv iously hegemony over nation building. 35 However, at first glance the Rhineland did not seem to be an ideal hotspot for a religious battle over the definition of nationhood. Due to its lack of a firm centralized government, Germany ha d long had considerable religious diversity. The Rhineland, while heavily Catholic, had a tradition from the early modern period of accepting renegade Protestants in their midst. These Protestants, who were trying to prove themselves, built a solid reput reputation for religious toleration. 36 Jonathan Sperber estimates that in the early nineteenth century 75% of the population in the Prussian Rhineland was Catholic, 1.5% was Jewish, and the rest Protes tant. On the left bank of the Rhine including Trier and Coblenz, 95% of the population was Catholic, but there remained important pockets of 34 Thy Will Be Done: German Catholics and National Identity in the Catholic Historical Review 91, no 2 (April 2005): 306. 35 Altgeld 52 7. 36 Helmut Walser Smith, ed., Protestants, Catholics and Jews in Germany, 1800 1914 (New York: Berg, 2001), 43.

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281 Protestantism. 37 Throughout Prussia, the upheaval of the French Revolution and its aftermath only increased this tendency toward religious mixing as soldiers and administrators from elsewhere socialized with locals. For instance, in Coblenz in 1808 Protestants made up 3% of the population, a seemingly small number, but Protestants had only been 1% of the population less than fifteen years earlier. 38 Yet despite tendencies toward religious toleration in the Rhineland, Prussian rule in the Rhineland was marked from the beginning by clashes between Catholics and Protestants over a variety of issues. While most of th ese arguments remained local ones and generally did not spark widespread protest, they were important markers of a growing distrust between the two sides. 39 Though Friedrich Wilhelm III had promised to protect his Catholic citizens as well as his Protestan t ones, his administration did little to instill the confidence of Rhenish Catholics. Catholic bishops, now chosen by Prussian authorities, were carefully watched to ensure that their allegiance to the state was stronger than their allegiance to the pope. Rhenish Catholics found themselves heavily discriminated against when applying positions of power within the civil service or judiciary. Prussians argued that former Rhenish bureaucrats could not be trusted since 37 As cited in James Brophy, Popular Culture and the Public Sphere in the Rhineland, 1800 1850 (Cambridge, UK : Cambridge University Press, 2007), 257. 38 Etienne Franois, Koblenz im 18. Jahrhundert. Zur Sozial und Bevlkerungsstruktur einer deutschen Reside nzstadt ( Gttingen: Vandenhoeck & Ruprecht, 1982), 129. There were other locations during the same era in which a sudden influx of Protestants into Catholic territory drastically altered social relationships including 1803 New Orleans. For an excellent pie ce discussing these cultural challenges of Will Gene Allen Smith and Sylvia Hilton eds., Nexus of Empire: Negotiating Loyalty and Identity in the Revolutionary Borderlands, 1760s 1820s (Gainesville Fla. : University Press of Florida, 2010). 39 eds., The E mancipation of Catholics, Jews and P rotestants: Minorities and the Nation State in Nineteenth Century Europe (Manchester UK : Manchester University Press, 1999), 106.

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282 they had previously served the hated Fre nch. Additionally, the Prussians gave more money to Protestant schools than to Catholic ones. Large celebrations of Lutheran commemoration of the Augsburg Confession also incr eased confessional animosity. As exaggerated before the late 1830s, Catholic Rhinelanders never doubted that the monarchy was essentially Protestant. Prussia was not their state, but that of their 40 Non religious, economic problems in the Rhineland further diminished any strong sense of Rhenish Prussian nationalism. The situation in Trier provides an excellent example of some of the tensions between Catholics a nd the incoming Prussian bureaucrats. Despite the fact that Trier had a reputation for religious toleration, several issues rankled Catholic residents. The number of Protestants in Trier increased rapidly so by 1817 the group was large enough to found a congregation. However, finding a proper home for their church was not easy. At first they met in a courtroom in the appeals court and then from 1819 56 at the Jesuitenkirche Catholics, however, wanted their church back and regularly suggested other mee ting places for the Protestants, including a church that was in ruins and was being used as a horse stable. All of these locations were rejected until Friedrich Wilhelm IV, in an effort to connect his legacy to ancient Rome, decided to rebuild the 40 Michael Rowe, From Reich to State: The Rhineland in the Revolutionary Age, 1780 1830 ( Cambridge, UK : Cambridge University P ress, 2003), 250. See also Brophy, 258 + 279; Political Protestantism in Nineteenth Century Germany: The Awakening of Political Consciousness and the Beginning of Political Activity in the Protestant Clergy of Pre March Pruss Church History 34, no. 4 (1965): 423 44; Jonathan Sperber, Popular Catholicism in Nineteenth Century Germany (Princeton N.J. : Princeton University Press, 1984), 11 + 37 Protestantismus. Zum Verhltnis 19. Schieder, ed., Religion und Gesellschaft im 19. Jahrhundert (Stuttgart: Klett Cotta, 1993), 157 90.

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283 ruined Constantine basilica for the Protestant congregation. Lutherans have remained there to the present day. Other areas of contention included the Trier gymnasium where a Protestant female teacher was brought in to teach Catholic girls and Catholic and Prote stant hospitals treating patients of the opposite faith. There were also disagreements over the religious distribution of government funds to the poor. Protestants were able to give out money as they saw fit, while Catholics were carefully regulated and had to give their money out to anyone requesting it. 41 Catholics had several means of reacting to overbearing Prussian rule, but their methods also sometimes exacerbated tensions. Some Catholic priests saw Protestant anniversary celebrations as a real thr eat that had to be addressed from the pulpit. In 1827 Prussian authorities banned controversial sermons, but they continued to be a problem. In July 1831 after several demands that he do so, Josef von Hommer finally told his priests to tone down their la nguage and avoid political preaching. By its very nature, it is clear that the comprehensive subject of religious change cannot be properly handled in a sermon. Orations of this kind can only be one and Christian meaning will not be spread but, rather, destroyed, as the most bishopric have zealously and unlovingly neglected to do this, this is not cause for you to do the same. 42 Even if the Prussians gained some control o ver Catholic leadership they did not always have the same success with the general Catholic population. Authorities feared large 41 Blick ber den Zaun: Juden und evangelische Christen in Trier (Trier: [unknown],1987), 6 7 and Heinz Monz, Karl Marx und Trier. Verhltnisse Beziehungen Einflsse (Tr ier: Verlag Neu, 1964), 101 7. For more information on the founding of new Protestant congregations in the Rhineland during this period see J.F. Gerhard Goe Monatshefte fr evangelische Kirchengeschichte des Rheinlandes 39 (1990): 25 31. 42 Josef von Hommer as qtd. in Brophy, 282.

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284 Catholic demonstrations and tried to ban pilgrimages using decrees from Catholic archbi shops and bishops. Such efforts were not particularly successful and private pilgrimages continued unabated into the 1840s. At times, such processions showed Catholic power in impressive numbers. In 1844 an official pilgrimage to the Holy Robe in Trier involved 500,000 pilgrims in six weeks, over 10,000 a day. 43 Pious Catholics refused to let the Prussian state dictate the boundaries of their faith. The largest area of tension between Catholics and Protestants in the Rhineland by far was that of mixed m arriages. Although it was not until the 1830s that true conflict broke out between the two camps, seeds of the debate had been planted much earlier. Prussia had first codified mixed marriages in 1803 when it ordered that children of interfaith marriages be raised in the religion of the father when any conflict arose. Catholics in eastern Prussia had not really objected to this idea, but it caused instant tension when it was introduced into the Prussian Rhineland. A long standing tradition in the Rhinela nd held that interfaith couples marrying in front of priests normally raised their children Catholic. However, in August 1816, only months after takin g over the region, the Prussians were already allowing mixed marriage couples to marry in front of Protes tant ministers if Catholic priests refused to marry couples who would not formally pledge to raise children Catholic. In April 1819 the Kaiser began extending the 1803 law of paternal religious decision making into his western provinces. Because of the 43 Brophy, 260 5 and Jon Vanden Heuvel, A German Life in the Age of Revolution: Joseph Grres, 1776 1848 ( Washington, D C : Catholic University of America Press, 2001) 337. Prussian authorities also attempted to heavily regu late pilgrimages in this period without much success. See Wilfried Evertz, Seelsorge im Erzbistum Kln zwischen Aufklrung und Restauration 1825 1835 (Cologne: Bhlau, 1993), 169 70 + 190 1 98 for a description of the broader b attle. See also Sperber, 21 29.

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285 increasing number of Prussian soldiers and bureaucrats in their towns, Rhenish Catholics saw the rule as a tool of conversion. 44 The Trier Generalvikar timidly responded in 1822. He argued that only the pope could decide the legitimacy of mixed marriages and feared the rejection of older traditions would break apart a long standing peace between faiths. Other priests were much less conciliatory. Father Leonhard Nellessen of Aachen, the same priest who would later triumphantly convert Cerf Marx from Juda ism to Catholicism, was among the most outspoken critics of the new Prussian policy. In 1819 he was already refusing to baptize children of mixed marriages with Protestant godparents. By the 1820s he had begun preaching controversial sermons on the issue and was investigated ten times between 1827 37 for possibly promoting civil disobedience. However, Nellessen was careful never to go too far and get himself arrested. The fact that he came from a powerful, old Aachen family probably helped in this regar d. 45 It was into this increasingly acrimonious situation that Josef von Hommer was appointed Bishop of Trier in August 1824. The Catholic Church in the Rhineland had been reorganized in 1821 with the Archbishop of Cologne put in control of the bishoprics o f Trier, Mnster and Paderborn. However, general disorganization and a lack of suitable candidates led to a prolonged search for a new bishop in Trier. As seen in C hapter 5 Hommer found a bishopric in need of serious reform. He also recognized 44 Rowe, 249 and Monz, 104 5. Trierer Theologische Zeitschrift (1949): 77 Hommer von Trier Zeitschrift der Savigny Stiftung fr Rechtsgeschichte, Bd. 48. Kanon. Abtl. 17 (1928) : 559 566. 45 Brophy, 284 5 and Monz, 105.

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286 from ear ly in his tenure that his position was a very political one with multiple possible pitfalls. I feared that because I had received this honor from a non Catholic king that the people would consider and believe that I would adhere more easily to the princip les of the Protestants and neglect the protection of the Catholic religion. But this fear was unfounded. This honor has not changed my right understanding in the least. I remain the same true Catholic and will always remain so. 46 eresting here. He assumed a natural connection between somewhat disconnected from his beliefs Being named to his position by Protestants created a bond between the bishop and the Prussians that he could not shake off so easily. covered a variety of issues. The largest o There were two main camps at the beginning of the nineteenth century. One side was based in tradition and a strong association with the Holy See and centered around Clemens Brentano. The other group focused on reform and adaptation to the dual challenges of Lutheranism and secularism. 47 The new Trier bishop fell into this later category. Febronianism and Hermesianism, two major reform 46 Hommer, Meditationes, 233. 47 Trierer Theologische Zeitschrift Pastor Bonus 35 (1922/23): 1.

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287 views. Febronianism was linked to Johann Nikolaus von Hontheim, the mid eighteenth century auxiliary bishop from Trier who wrote a boo k challenging papal authority and infallibility. The complaints of Hontheim and other Rhenish bishops led to a meeting at Ems in 1786 in which papal nuncios agreed to less interference in the affairs of local German bishops. Although young priest Hommer probably did not attend this meeting, he received his first clerical tonsure from Hontheim at age eight and visited Paris with 48 reform had deep personal roots. Georg Hermes (1775 1831) was a clerical reformer from Bonn whose rational theology also appealed to Josef von Hommer. A major task that Hommer undertook early on was a rebuilding of the Trier Priesterseminar Not all Catholic Enlightenment principles att racted Hommer, but he did recognize that replacement of old school instructors was essential and felt that the Hermesian school in Bonn was where his own into their posi tions and create an enthusiastic priesthood better able to cope with the challenges of the age. 49 In one of his lectures to seminarians, Hommer introduced the new way of thinking, Now a new philosophy, Hermesi ani sm, has distinguished itself and is suitabl e to work against both rationalism and mysticism; alone it requires a 48 Hommer Es mu Einheit seyn: Anreden eines Bi shof s an die Alumnen seines Seminars (Trier: Paulinus Verlag, 1993), 21; and Hommer, Meditationes, 53 + 129 33. For more on Febronianism see Nigel Aston, Christianity and Revolutionary Europe, 1750 1830 ( Cambridge, UK : Cambridge University Press, 2002), 16 3 5; Rowe, 22 4; Vanden Heuvel, 9 21; and Frank E yck, Religion and Politics in German History: From the Begi nnings to the French Revolution ( New ), 353. 49 Persch, 38.

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288 good head and is misunderstood by many. Therefore it must still be explained and also for weaker talents to make it more popular .. 50 ns Brentano argued that called talented 51 Quite antagonistic to all who opposed him, Hermes created a bitter controversy in the Rhineland and the Church at large. instructors were later replaced by his successor. 52 However, Josef inflame controversy in an age full of dogmatic battles. In the summer of 1831 two clerical reformers in Trier, encouraged by a burgeoning reform movement in Hesse Darmstadt and Baden Wrttembe rg, wrote letters to the Cologne archb ishop urging a stronger German C hurch, the abolition of celibacy, and a German mass and breviary. They intimated that Hommer and other bishops supported their efforts but would not sign on to the movement officially o ut of fear of their superiors. More conservative clergy and the press soon came out in opposition to these ideas. Both sides demanded a response from Hommer. One newspaper goaded Hommer to do something soon: One cannot fail to notice that the Bishop, wh o spends a large part of the year on visitations in his diocese, should not have had in this whole period 50 Hommer, Es mu Einheit seyn 82. 51 Meditationes 2. 52 ., 7 December 2011. See also Bernard M.G. Reardon, Religion in the Age of Romanticism : Studies in E arly Nineteenth Century Thought ( Cambridge, UK : Cambridge University Press, 1985), 119 30; and Christoph Weber, Aufklrung und Orthodoxie am Mittelrhein 1820 1850 (Munich: Schn ingh, 1973).

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289 open their eyes and see the abyss that opens in front of them. They must carr compromise. 53 In September, Hommer finally sent out a pastoral letter, but his even handed response against wholesale reform of clerical tradition satisfied neither side. 54 putation for civility was widespread and thoroughly praised, but it also meant that he was seen as weak and ineffective in moments of crisis. One religion excellent reputation in the religious community. All speak of his kindness. The one demerit that one can m ake against him is his timid nature and his lack of important guts 55 character was Jose ph von Grres himself. In his Athanasius Grres described Hommer sympathetically but also critically, Growing up under conditions in the first half of his life that were quite different than today He did not gain every steel rod of character that the pr esent times require. He could be weak and through pretenses win for himself a false peace and let himself be intimidated through threats from disadvantages that the Church would be afflicted. But upright, sincere, and true as he was, and with religious c haracter, he could, as open minded as he always was, satisfy his conscience for a time on the grounds that defined him, but at length did not bring him peace but deafness. 56 Unluckily, interfaith marriage would prove to be the issue that most defined Homme tenure as bishop because it highlighted his inability to be dogmatic. As a border 53 Kempkes, 6. See also 2 5. 54 Ibid., 7 9. 55 Meditationes 2. 56 Meditationes 2 3, also qtd. in Kempkes,13 4.

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290 resident, Hommer understood better than most the inef fectiveness of inflexibility and usually sought the path of pragmatic compromise. H owever, h e could not easily convince others to follow him. mainly local in nature. After several years of inaction on the issue, Prussian authorities inflamed passions once more in August 1825 when they confir med that laws for eastern Prussia also applied to the Rhineland mixed marriage children were to be raised in the faith of their fathers. The government also threatened to remove any priests who refused to perform marriage ceremonies for couples not agre eing to raise their children Catholic. 57 In Trier, Wilhelm Torsch, priest of the city parish of St. Gangolf, began using tendencies set in early. In response to Hom great devotion toward the state, the principles of the Congress of Ems, reformation in respect to the liturgy, light attitude toward abstinence and also in regards to mixed marriages which the same should perceive more seriously. The Trier clergy see themselves as slighted, as idiots... 58 Torsch, in a letter signed by five other priests, complained in 1826 to the bishop about not being able to preach about mixed marria followers firmly advocated caution. You know which decrees concerning mixed marriages have been issued by our mighty and gracious King. You also know which settlements we have 57 Rowe, 249; Monz, 105; and K empkes, 10. 58 Wilhelm Torsch as qtd. in Georg Reitz Trier Theologische Zeitschrift 36 (1925), 227. See also J. Heckel, von Trier und die Mischehenfrage Zeitschrift der Savigny Stiftung fr Rechtsgeschichte, Bd. 48 Kanon. Abtl. 17 (1928) : 559 566.

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291 given in particular cases so that we bot h comply with the wishes of the King and also will salve our consciences. So we forbid you to touch upon this material of mixed marriages in public lectures and mainly because the poorly educated people usually falsely understand and interpret such measur es. If you believe that you must in certain cases admonish people, do this in domestic and private remonstrances. Everyone, no matter what confession they are, dissuade against mixed marriage as disadvantaging both sides of religion. But if at once the bridal pair is determined to marry, dazzled by mutual love, so it is to choose between the lesser of two evils and namely that which will best protect the peace [my emphasis]. 59 For Hommer, one could be both a citizen of Prussia and a good Catholic only th rough reasoned compromise and careful consideration of individual cases. To do otherwise was to risk returning to the chaos of the French Revolution in which passion overcame the need for societal stability and peace. desire for harmony. In 1827 Torsch was husband did not want to raise his children Catholic. After Torsch refused to recommend another priest to the couple who would marry, Ho mmer granted the couple a formal dispensation to wed. He also warned Torsch and his followers that they risked prosecution from the government for their continued protest. Torsch continued to preach on the issue and in 1828 raised new objections regardin g last rites for non baptized children. Again Hommer urged caution. Hommer did not want to reject families in a weak moment by refusing last rites He believed that a more compassionate response might actually bring wayward followers back to the Church. Throughout the rising tensions of the early 1830s, Torsch continued to remind Hommer 59 Hommer as qtd. in Reitz, 228.

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292 of his duty to protect Catholicism at all costs, while Hommer continued to proceed thoughtfully 60 Bishop Hommer wrote at length on his views of mixed marriage in his 182 8 autobiography. His comments were a mixture of pragmatism and anger and highlight just how important Catholics felt that intermarriage could be in defining their future. Hommer began his discussion of mixed marriage from a similar point of other opponen ts of the practice frustration over anti Catholic Prussian views and their whose job was dependent upon Prussian approval. They [Protestants] threw intolerance before themse lves and usurped for themselves the highest power against the Catholics in confidence of the religion of the king. They were not afraid to set up that old principle: His whose rule, also the religion. Thus the Catholics stood strongly under an obligation to slave like obedience. They did not want to release larger hatred against themselves by opposition or calling on their old freedoms. 61 Unlike the Jews who had long faced prejudice, Rhenish Catholics must have felt lost in a new world in which they clear ly did not hold the upper hand. Hommer and the faithful that he served had to negotiate new boundaries as to what would be acceptable compromises with authority and where they would stand up for themselves. Hommer clutched the past in an effort to underst and a radically different present. He reminisced about interfaith marriages of old, claiming that he could remember no instances where the Catholic requirement for mixed marriage children being raised Catholic ever causing tension in families or the wider community. 62 Increasing numbers 60 Reitz, 229 61 Hommer, Meditationes 235. 62 Ibid.,

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293 of mixed marriages and new Prussian rules about them had altered that sense of harmony. Hommer had little doubt that the Prussian king and his administration had designed their regulations with the explicit purpose of conv ersion. the first and strongest of the non Catholic princes [the Prussian king] believes himself to be especially called by God to spread the religi on of the Protestants. H e personally is devout and his confession is correspondingly religio us. H e believes without doubt that the Augsburg Confession is the only true one, and that his duty is to win more believers and where possible, all men, to the faith. Because he cannot achieve this with force, he attempts to reach his goal through indire ct machinations [like mixed marriages]. 63 Whether the Prussians were openly or circuitously attempting to increase the number of Protestants in the Rhineland, they naturally saw things a little differently than Hommer. What is interesting is that Hommer di d not use national language in describing what the Prussian monarch was attempting to do. For Hommer, the debate was centuries old all rulers saw themselves as individual protectors and expanders of their religious views. For Prussians, however, nation al religion meant national security. The closer everyone was culturally and religiously the more likely they were to unite behind a joint vision of the future. explicitly rel igious tone. His arguments ranged from the impact of mixed marriages on were bound to be unhappy since the couple did not agree on the most personal and holy of issues and marr ied for lust or money rather than true love. Children would be raised in religious confusion, leading to an increasing indifference to Catholicism. Thus every faith would be weakened as all religious beliefs became equal and emotional 63 Hommer, Meditationes 239.

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294 connection to faith was lost. Then the state itself could be destabilized. Another portion inability to control their own lives because of their weak societal position. Here he argued that under Roman law women had the same rights as men in the home since they were the ones that raised young children. Now those rights were being stripped in favor of ri gid patriarchy. A better solution, argued Hommer, would be if the majority faith in any area would be the faith in which mixed marriage children were raised. 64 Yet for all of his religious concerns and the ways in which he used the past to understand the present, Josef von Hommer also remained someone who recognized the need to reform and the ways in which political systems operate. He could not have perspective and compro mise were essential. 65 The Catholics were in a very tenuous position and he knew it. Dogmatism was a much greater risk than finding a middle ruthless actions, he who can rem ove priests and close churches, or permitting marriages, which can never be completely prevented and avoided, without such 66 If a Catholic priest refused to marry a couple, they could easily go to a 64 Ibid., 239 49. 65 Franz Groner, ed., Die Kirche im Wandel der Zeit. Festgabe fr Joseph Kardinal Hffner zur Vollendung des 65. Lebensjahres am 24. Dezember 1971 (Cologne: J. P. Bachem, 1971); and Alexander Schntgen, s religis kirchliche Leben im Rheinland unter den Bishfen von Hommer und Graf Spiegel Annalen des Historischen Vereins fr den Niederrhein 119 (1931) : 121 169. 66 Hommer, Meditationes, 251.

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295 Protestant minister or to civil authorities to perform the ceremony. Thus the Catholic partner could be drawn even further away from the faith and towards Protestantism. Couples marryi are no longer obligated to fulfill the lowly more suitable and ready to 67 Mixed marriages were still valid no matter what the priest did and ceremonies in front of civil authorities also made divorce easier. There was also the question of what to do wit h women once they had married a Protestant. Were they to be accepted by the Church? Could they go to confession or had they sinned too deeply? It was difficult to cut them off if their marriages were valid. Also, it would be impossible to draw their ch ildren back into the Church if they were treated too harshly. 68 Intermarriage needed to be treated with careful concern, not rigid policy because it was not going to go away simply because priests refused to marry dried out and half dead man, who has no idea 69 Hommer recognized that the world had changed with the coming of the French Revolution and its aftermath. The Catholic Church had no choice but to adjust itself. Religious conversions after the French Revolution highlighted the tenuous dividing line between faiths as converts moved back and forth between them. So too did mixed marriages. Josef von Hommer was clearly not willing 67 Ibid., 301. 68 Ibid., 253 7. 69 Ibid., 305. The challenge of how the church should deal with advising mixed marriage couples has had a lon Two nice contrasting pieces by clerical leaders in diffe rent eras are Francis Janssens Catholic Diocese of Natchez (Miss), I nstruction on M ixed M arriages (Natchez, Miss: s.n., 1884); and Catholic Church United States Conference of Catholic Bishops, When a Catholic M arries a Protestant (Washington, D C : USCCB Publishing: 2007).

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296 to go so far as to make all faiths equal, but he did accept the fact that the Church could no longer count on the denominational wall being as stable as it once was. Again, compromise and patience were critical. Though one general policy covering all mixed marriages would lessen confusion on the issue, priests and bishops needed to recognize that each situation was different. One had to create balance between the requirements of the state and the requirements of the Church. The virtue the truth lays in the middle. Bishops should hold onto and defend regulations and principles that bridal pairs of different religions can only get married with Catholic rites when the non Catholic partner promises to raise children of both sexes in the Catholic faith. If his royal majesty issues and threatens even stronger decrees, he will not accomplish what he Still bishops should instruct their pastors in such cases not to proceed tyrannically and uncivilly, but instead request a reflective explanation in a fine manner. If the non Catholic bridegroom refuses such an explanation with explicit words, then they should very politely dismiss the bridal pair with the remark that it is n ot permitted for them to assist in the marriage ceremony. If the declaration of the non Catholic partner is doubtful or conditional, then the minister should continue the discussion as though he 70 Thus, for Hommer, ambiguity was essenti al. One should not ask too many questions of a couple just get a general sense that they would probably agree to raise their children Catholic. Only if the bridegroom explicitly stated that he would not follow the normal Catholic practice would the cou ple be denied permission to marry. This policy is a vaguely discomforting one that bordered on deceit, or at least a level of insincerity on the part of the priest and the bridal pair. What did Hommer hope to accomplish? He optimistically dreamed of a b 70 Hommer, Meditationes 258 9.

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297 71 If Josef von Hommer had learned anything from living on a border during the French Revolution, it was that any situation could change very quickly. Careful watching and waiting, an ability to adapt, were critical to the survival of anything one truly he ld dear. impractical. He knew that in eastern Prussia the Catholic position was treated much more respectfully than in the Rhineland. Eastern Catholic bishops had control over dispensations offered for mixed marriages and could thus better manage the process. 72 Unluckily, geography played a critical role as tensions continued to mount from all sides, eventually engulfing Hommer himself. As a distant borderland, the Rhinela nd could not be trusted, particularly with a majority Catholic population. The Prussians knew their own minority Catholics and did not view them as a similar threat to the creation of a German nation. Both the Rhenish clergy and the Prussians waited eag erly for the papacy to decide the issue of mixed marriages more permanently. In March 1830, one year after not well respected in Rome mixed marriage policy was totally rejected. The most that the pope would offer was a vague policy that spoke of desiring mixed marriage children to be raised Catholic without laying out the specifics on how best to achieve this goal. Pius VII was prepar ed to accept and not censure such unions, but he was not willing to go so far as to allow Catholic marriage 71 Ibid., 301. 72 Tho and Thomas, ed., Meditationes, 436.

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298 ceremonies for couples reluctant to commit to raising children Catholic. The Prussians were not at all pleased with the contents of the papal procl amation, knowing that it would be used as grounds for priests to stop performing all mixed marriages. Indeed, when Josef von Hommer published the papal document, conservative clergy like Wilhelm Torsch immediately asserted that no mixed marriages or bapti sms could occur 73 Berlin did not immediately forward t he papal instructions onto the Rhenish bishops and returned their representative immediately to Rome to renegotiate, but the pope declined to meet with him. Prussia then turned up the pressure on the Rhenish bishops themselves to interpret the papal rulin g more mildly and closer to own wishes. a desire for compromise. He was somewhat resigned to what was coming. In October have to bear, what I will not be able to prevent. Time and circumstance contribute in order to make a people sensitive to strange things and innovation. All that happens super fast has its dangers, especially in religious things that are the holy, common 74 He still spoke in terms of the disadvantages to the Church of closing the door to mixed marriage couples. 73 Hommer, Es mu Einheit seyn, 48; Kempkes, 10; Monz, 105; Reitz, 231; Thomas, ed., Meditationes, 8; and Weber, 288. 74 As qtd. in Heinrich Schrrs, Die Klner Wirren (1837) Studien zu ihrer Geschichte (Berlin: Dmmlers, 1927), 138. See also Rudolf Amelunxen, Das Klner Ereignis (Essen: Ruhrlndische Verlagsgesellschaft, 1952); Albert Eer, Kirche, Staat und ffentlichkeit: die Klne r Ereignis (1837) [erschienen anlssl. Die 27.12.1987 im Klnischen Stadtmuseum] (Cologne: Kln. Stadtmuseum, 1987); Friedrich Keinemann, Die Klner Ereignis und die Klner Wirren (1837 1841):

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299 I do not know a direct and absolute way out, but perhaps there could nevertheless be modifications that could prevent some convinced that the children will be educated Catholic. For what then is the requirement? There are some for which one is certain that they will soon move to Protestant lands and will no t let their children be raised Catholic. Should one let the Catholic woman move without priestly benedictions? Do we attribute so little power to this benediction to make it completely in order to save the principle and not run the risk of giving up the same completely? 75 Yet despite his reservations about rigid interpretation of the papal ruling and vigorous pleading by Prussian officials, Hommer (along with his fellow bishops) continued to formally oppose mixed marriages without a guarantee of raising children Catholic. 76 how ineffective they were in bringing the Rhineland firmly into the Prussian state. They decided to go after the weakest link in the Catholic chain Archbishop of Cologne, Graf Ferdinand von Spiegel. In June 1834, only a year before his death, Spiegel was ordered to Berlin fo r a meeting. The results of this Berliner Konvention showed just how vulnerable the Catholic position had become. Spiegel, at the urging of the Prussians, 77 Priests were no longer to inquire about how couples might raise future offspring. Clergy could also only refuse to officiate such unions when the arrangement clearly had an air Weichenstellungen, Entsch eidungen und Reaktionen mit besonders Bercks ichtigung Westfalens (Hamm : [Selb stverl.], 1986). 75 Ibid., 138 9. 76 90; and Thomas, ed., Meditationes 436. 77 Thomas, ed., Meditationes 437.

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300 78 around it or when it would not ha ve been permitted for other reasons like pregnancy or age of the couple. position. Hommer and his fellow bishops at Mnster and Paderborn had no choice but to wade deep into t he controversy and declare their allegiance with one side or the other. By mid July 1834, the other two bishops had agreed to support Spiegel and the Prussians and began drafting new instructions to their clergy. Josef von Hommer took some more convincin g, and it was not until the end of July at a meeting with Spiegel and Prussian officials in Coblenz that he reluctantly signed the document. 79 In a letter in late August 1834 to Mnster bishop Caspar Maximilian von Droste zu Vischering, Hommer hoped that t he agreement would calm down the rhetoric and protect the Church from deeper injury. My decision is founded in my hope that the fate of the Catholic Church would become improved and the character of the Protestants made milder. I also believed that every promotion of a counter demand provoked casual Protestants who before would have been willing to raise their children made the issue a personal affair, would proceed from distant insubor dination (Widersetzlichkeit) to strong precautionary measures, as he already sometimes threatened and would make the situation worse for Catholics. 80 and the need for compromise and patience, despite the fact that he so wanted to remain loyal to the Church and the papacy. As Alois Thomas has pointed out, Hommer had 78 Monz, 105. See also Brophy, 254; Kempkes, 10; Thomas, ed., Mediations 437 8; Rowe, 249; Schrrs, 160; and 62. 79 Persch, 48; Thomas, ed., Meditationes, 438; Kempkes, 10. 80 5.

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301 grown up in an era in which politics and religion were bound together in the figure of the archbishop of Trier. Thus, for Hommer, giving allegiance to secular authority, even if that authority belonged to a different faith, was as important as the allegiance that he owed the Church. 81 The French Revolution had divided politics and religion in a way that Homm er could not fully grasp. It greatly troubled him to have to try to decide between two sides of what he had always viewed as a single coin. When forced to chose, Hommer relied upon friendships, especially that with Archbishop Spiegel, the continued embod iment of religious and secular power, to hopefully lead him in the right direction. Josef von Hommer regretted his choice for the rest of his life. To Droste t his issue lays heavily on my heart an by the th 82 Though both the Rhenish clerical leadership and the Prussian government had good reason to keep the June/July 1834 agreement as quiet as possible, Hommer was already writing by October of that year that the secret negotiations would not remain so much longer. He was correct in his assessment. By April 1835, Der Katholik had reported on the meeting and other conservative Cathol ic newspapers were soon condemning the accord. Reaction was particularly strong near the Rhenish border with Belgium, centered around Leonhard Nellessen in Aachen. 83 Bishop Hommer also faced challenges from Wilhelm Torsch in 81 82 As qtd. in Kempkes, 10 83 Thomas, ed., Meditationes, and Brophy, 272.

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302 his own diocese. Torsch accus ed Hommer and his fellow bishops of now answering to the Prussian authorities and continued to refuse to perform any mixed marriages. 84 The death of Archbishop Spiegel in August 1835 temporarily put the mixed marriage issue to the side. Prussia controlled the archbishop election process from the beginning, but they found few suitable candidates to replace Spiegel. Eventually they settled on Clemens August von Droste zu Vischering, the brother of the bishop of Mnster, and had him elected by the cathedral chapter. The new archbishop had previously been the auxiliary bishop of Mnster and had been living in seclusion due to earlier disagreements with the Prussian authorities. His election was a bit of a surprise but was seen as a move by the Prussians to o ffer mild concessions to the Catholic nobility in order to get their support. 85 The papacy heard the rumblings of insubordination and Prussian threats and by March 1836 were demanding some explanation. Prussia quickly sent letters assuring Pope Pius VII t hat there was no new agreement between Berlin and the Rhenish bishops and that any misunderstanding was entirely the fault of the papal secretary who had mistranslated documents. The Prussians then set about pushing the bishops to write letters to Rome af firming that they would uphold the basic principles of the 1830 papal letter, making no mention of the 1834 Berliner Konvention The other bishops obediently wrote their letters. However, a government representative sent to Trier on 84 Kempkes, 231 2; and Thomas, ed., Meditationes, 439. 85 Schrrs, 213. On the ballot Droste Vischering was opposed by Hommer, but it was a false choice set up by the government since Hommer was recognized to be too old to actually become archbishop. See also Catholic Enc yclopedia (1913) Vis chering accessed 5.25 .2012

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303 September 30, 1836 fo und Josef von Hommer on his deathbed. The representative st 86 Joseph von Grres later described the dramatic scene in Athanasius : The Oberregierungsrat Schmedding meet in Trier on 1 October, the death date of the earlier Trier bishop, Saint Nicetius, his present day successor who was himself near death, having chosen to receive last rites Entering cathedral chapter. When Schmedding came back two hours later in order to present him with the known final remarks and multiple words of thanks, the bishop refused to sign, begging that he be left alone for his few remaining days. He only signed after being assured that it was only a formality and after he had seen the signatures of the other bishops. 87 The world refused to give Hommer peace on the mixed marriage issue, even as he I hold you to be a truthful man. You see what condition I am in. Since you have the most exact knowledge of the whole thing, I give you my trust. I will sign what you have 88 One dying bishop was not going to stand in the way of Prussian national religious integration. Yet Josef von Hommer ended up, at least in part, doing exactly that. Though he had already received last rites, Hommer did not die for another six weeks. As his real death drew nearer, Hommer continued to be bothered by the choice s that he had made and sought to bring closure to all remaining areas of tension from his life. He called Wilhelm Torsch to his bedside and they made peace. To the associates surrounding gious parents. I had 86 Thomas, ed., Meditationes 439. 87 As qtd. in Kempkes, 13. See also Schrrs, 439. 88

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304 the best teachers. I received very many and large mercies and did not use them. Oh, if 89 In the end he decided that his soul could not be right with God if he did not make some kind of amends in regards to the mixed marriage issue. On November 10, 1836, the day before he died, Hommer wrote another letter to Pius VII, this time in his own hand. He reported exactly what was going on in Prussia, which allowed the pope finally to react fully to the truth rathe r than the lies that the Prussian government was spreading. 90 He said that he was in error and recanted both signing the 1834 Berliner Konvention and the letter from the beginning of October. He began by discussing why he agreed to sign the 1834 document before explaining his change of heart. For my part, then moved by persuasion and the pursuit of peace, so the But now disease has corrected in the point of truth, enlightened by divin e Church and therefore as far as this very important matter I have erred reluctantly. In free mind and of my own initiative, led by repentance, I most humbly ask Thee, Holy Father for the good of my flock, that Thou would 91 thought God might be telling him changed as rapidly as the world around him. Because of the tensions unleashed by the French Revolution, the firm borders, both denominational and geographical, with which Hommer began life no longer existed by the time his life closed. Hommer attempted to live his life in peace, negotiating his way 89 Ibid., 372. 90 Thomas, ed., Meditationes 440; Monz, 106; Reitz, 232; and Schrrs, 438 9. 91 As

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305 through conflict rather than attacking to prove his point. Though he found tranquility in death, it is interesting that it took until right before his life ended to bring that sense of order. One wonders how long any sense of serenity could have lasted for Hommer because societal dividing lines were too contentious and unsettled. On the issue of mixed marriages, Josef von Hommer may have even left a larger, more bellicose mark than he himself intended. Though he took a stand to bring himself inner peace the effects of his decision to recant were felt much more broadly. The Prussian government found itself on the defensive with officials in Rome. The signs of his view s rather than the deathbed declaration. The bishop of Trier had found especially, even until his end, not alone no occasion to change practice that he had willingly adopted and established. Instead he had much more his conviction over the necessity of i t and how on the day on which he had taken the Host and believed he was departing this world. But the dignified bishop lived another six weeks, although in outer exhaustion. If th en after his death a letter, obviously not written by him but only a signed letter to the Pope from his death date comes to light, in which his conscience scruples with regards to mixed marriages is printed to pass judgment (as though such a publications s hould be bet ter believed than a whole life) 92 Schmedding claimed that Hommer had merely asked for his assistance in composing the October papal letter and that its content was what Hommer himself had intended. 93 However, it was clear that few believed the reputation for genuine sincerity and faithfulness to the Church made it clear to 92 As qtd. in Kempkes, 13. 93

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306 observers that his conscience had troubled him to the point that renouncing what he had previously signed was his only viable option. In Athanasius Grres wrote, So shows one man, that one must personally have known, to feel the whole es of his lack of and that it did not cease until he got rid of it through the solemn rec ognition of that heavy burden. One will not neglect to make the objection that his view was made muddy by his fears and unrest as death neared and that it should be considered less than what he had decided and done while he was healthy and fully aware. T his is already inadmissible and one must grant full belief to the judgment of the dying that he spoke of his decision in calm words as the most truthful and incorruptible even if the matter that he refers to is unknown to us. 94 ion is most likely accurate, it is also clear that he is willing to used in a plea for toleration and compromise, as he himself would have wished, but as part of an inspirational call to arms that would ignite Catholics throughout Germany. archbishop, Clemens Droste zu Vischering. A Prussian official asked Droste Vischering before his election whether he woul d abide by earlier mixed marriage agreements. Not entirely clear what they contained, Droste Vischering agreed only to realize afterwards that he had been misled. The new archbishop looked to Rome for advice and, after upport, Droste Vischering decided to take a stand and ignore all previous concessions that had been made. In May of 1837, six months after Vischering to step down as archbishop for his refusal to endo rse mixed marriages. When he ignored them, the Prussians ordered his arrest. On November 20, 1837 the archbishop was surrounded 94 ; and Kempkes, 13 4.

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307 by twenty four troops, taken to the citadel town of Minden, and placed under house arrest without a civil trial. 95 Droste Visc hering had not been a particularly popular choice for archbishop so at first there was little protest, but after the pope objected to the arrest widespread turmoil grew in the Rhineland. Catholic reaction took many forms, some of them quite violent. Eccl esiastical authorities supporting the Prussians faced Katzenmusik with men singing anti Protestant songs at their windows during the night and throwing rotten food at them. Some mixed marriage couples, both before and during the crisis, had excrement anon ymously smeared on their houses. In Trier, the new bishop Wilhelm Arnoldi preached against the earlier agreements from the pulpit and government placards announcing the arrest of the archbishop were pulled off walls during the night. Though there were s ome efforts at compromise, small waves of religious violence continued to rock the Rhineland over the next several years. In October 1838 in Cologne there was bloodshed after the rumored arrest of a Catholic priest for urging Catholics to defend themselve s. The Prussians called in 300 troops, nine protesters were wounded and over 50 were arrested. In Aachen in 1839 Catholic residents fought soldiers in the streets as they attempted to halt a mixed marriage by stoning the bridal pair. 96 Popular songs abo ut the crisis flooded the streets from both sides, each a mixture of fervent patriotism and loathing of their opponents. Das katholische Herz called Catholics to arms. 95 Brophy, 254. See also Catholic Encyclopedia (1913) Visch Vischering accessed 5.25.2012. 96 Brophy, 139 4 + 253 and Rowe, 250.

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308 Our band holds a dance of death; And holy is the victory in fight, The band, which hea ven blesses And raises up the flag of faith Loyally united Catholic hearts You still battle on the edge of the grave For bishops, pope and Christendom. 97 The first kernels of a popular German Catholic nationalism were inherent in the angry lyrics. The Catholics had their own flag, their own music and dance, blessed by an eternal spirit of connectedness. Songs from the Protestant side taunted Catholics for the attempting to crea te a separate space and for inserting religion into a secular moment. For sticking your nose in all things That is none of your business Want to make everything Catholic Interfering between man and woman. 98 The two sides were no longer speaking the same la nguage. The Protestant Prussians could not imagine that the Catholics needed a national space of their own. Medieval religion had been overcome in a new, modern secular age had it not? By turning the argument away from the fact that conversion of all non believers to Protestantism was their hidden national objective, the Prussian government made the Catholic cause appear specious and unworthy of consideration. To be good Prussians, Catholics would have to abandon their faith. German Catholics needed more than a few rocks, songs, or even a fervent archbishop to make the claim that Prussian nationalism could have more than one 97 As qtd. in Brophy, 89. 98 As qtd. in Brophy, 90.

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309 definition. Their cause needed better roots, ones founded in the new definitions of state and nation as laid out by Napoleon. The pamphlet war unleashed by the mixed marriage crisis was a fertile breeding ground for reimagining Catholic religious identity. The paper battle began almost as soon as Droste anonymously a nd then more publically, published a justification for the actions and attached multiple letters of support and documentation to it. Rome soon followed suit with its own carefully laid out arguments. Readers could now place the two views side by side and decide for themselves. Over 300 mixed marriage pamphlets survive from an astonishing variety of perspectives Commentators included presiding judges from Bessel, Cologne diocesan historians, theologians and lawyers from Munich, rationalist Protestant th eologians from Jena, French historian s and publicists, and Prussian C hurch leaders in Berlin. 99 As Thomas Nipperdey described it, the pamphlet war, great rhetorical pathos popularized, simplified, sharpened, and polarized the concrete legal questions that established fu ndamental distinctions between c hurch and state, 100 Local arguments between Protestants and Catholics became wider debates of national self definition that brought in voices from throughout the Rhineland a nd Germany at large. Surprisingly, one person who thought that the mixed marriage crisis was important enough to comment upon was none other than Heinrich Marx. As a local lawyer from mphlets was 99 See Franz Rudolf Reichert and Heinz Rttgen, eds., Von der katholischen Aufklrung bis zu den Klner Wirren. Ein Verzeichnis von Flug und Str eitschriften aus der Bibliothek des Trierer Priesterseminars (Trier: Bibliothek des Priesterseminars, 1978). 100 As qtd. in Brophy, 269 70.

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310 probably not more than a drop in the proverbial bucket. However, the fact that he wrote at all is critical. The French Revolution had opened the door to political participation in a way completely unknown to previous generations. Now anyone could contribute to political discourse and feel pride in any small nuance that they added to the argument. As had been true for Josef von Hommer, the battle over intermarriage was a bookend 837 and early 1838 slowly dying from liver disease, to which he would finally succumb on May 10, 1838. He rarely left his bed from the beginning of that year until his death. Yet in the spring of 1838, he felt well enough to pen a short response to the i ssue of mixed marriage. It was his only known writing from this period besides a few letters to his son Karl. 101 Why did such a sick man, one who had been born Jewish and was only a somewhat tepid Protestant, feel it necessary to write about a private, rel igious matter? It was because he and many others in the Rhineland considered the mixed marriage debate at its core to be neither private nor religious. marital rights as part of hi s larger argument against interfaith marriages, lawyer Heinrich Marx saw the issue in completely legal and political terms. Marx may not have been a completely enthusiastic convert to Christianity, but he was a determined convert and preacher of the legal principles introduced by Napoleon. He began his piece by describing its purpose: to reduce all the complicated arguments surrounding mixed 101 Manfred Schncke, ed., Karl und Heinrich Marx und ihre Geschwister: Lebenszeugnisse, Briefe, Dokumente (Wuppertal: M arx Engels Stiftung. Bonn: Pahl Rugenstein Verlag, 1993), 113 See also Stephan Brassloff, Die Rechstfrage im preussischen Mischehenstreit (Vienna: M. Perles, 1929).

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311 consider, will be pushed aside. 102 He protested about the arena in which interfaith marriages were being debated. For Marx, law was a rarified setting of only the highest was ripped out of its 103 One needed to return the issue to politics, where it belonged. nature to appreciate more closely its regulations and pronounce them loudly where a simple public law, polit 104 Code Napolon and the Enlightenment is obvious. The law could not be used to push a certain agenda because then it would be moving target based in political whims. Of course, the tension of the Code Napolon Revolution had made clear that the malleable bonds between law and politics were not easily broken. After his bold rapidly moved in quite a different, and quite political, direction. As described in Chapter 4 he acted in much the same manner as the rest of the burgeoning legal community. Because law exis view, the most likely to be rational, and thus it was the most qualified to comment upon issues otherwise tainted by power struggles and emotion. Marx decided to explore the 102 Heinrich Marx in Karl und Heinrich Marx und ihre Geschwister: Lebenszeugnisse, Briefe, Dokumente, ed. Manfred Schncke (Wuppertal: Marx Engels Stiftung. Bonn: Pahl Rugenstein Verlag, 1993), 280. 103 Ibid., 281. 104 Ibid.

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312 legal foun dations of political rule as it related to mixed marriages. He deftly interwove basic legal principles and political contingencies throughout the rest of his discussion. The real political question is this: May the regent of a country in urgent, dictatori al cases regarding the well being and security of this land seize upon such regulations that are not in full accordance with common law or even more injure the common law? Actually this question is neither new nor doubtful. The preservation of peace and security in the state is unconditionally the first law of regents. T herefore his first responsibility is the prevention of all that endangers this peace and security. 105 Thus, at first Heinrich Marx appears quite the Prussian apologist. In the mixed marria ge crisis, the monarch had a legal right to do as he pleased if he felt as though the stability of Prussia was at stake. Only a ruler had the wisdom and breadth of vision to overstep normal legal boundaries. Marx asserts that o ne could not deny that eve n in republican governments, political threats, both internal and external, could dictate abandoning legal principles temporarily. A most basic principle of law was ultimately that rule of law itself could under certain circumstances be briefly abandoned. World history is here and everywhere world law. The same principle holds true u nder all people and under all forms of government and in the strongest republics sometimes the infringement of the law treads on the agenda So is one truly inclined with astonishment to ask: Where does this this laughable, pitiful cry against the decree of a n unlimited monarch come from while similar foundational principles in a so called constitutional state are not even superficially depen ded upon? 106 105 Ibid. 106 Ibid, 281 2.

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313 For Marx, as had been true for Napoleon, societal stability was an underlying foundation of legal principle everywhere. All governments had a duty when their society turned toward chaos or disruption to temporarily forsake other legal rights. The type of government was ultimately less important than keeping people safe. Yet Heinrich Marx was not a mere apologist for all forms of supreme authority Moments in which a society threatened to crumble were rare and the mixed marriage crisis was not necessarily one of them. By debating mixed marriages on such narrow legal grounds as societal stability its opponents were missing the wider implications of then on what grounds do these dwarfs take the liberty to so bitterly criticize a common law far less injurious than the Prussian king celebrating the enjoyment of full state power that he portrays as necessary and 107 The Prussian king was doing more than just claiming complete authority in a moment of crisis he was asserting his full rights over the public and private lives of his citizens in perpetuity. Prussian citizens had a right and duty to complain about subjec ts the actions of its king to such hard criticism. O ne cannot contest the legal union of executive and legislative authority [in the king] because he [actually] injure s 108 ev ident, in all its complexity. Monarchs had great authority but only if they did not infringe upon the fundamental private rights of their subjects 107 Ibid., 282. 108 Ibid., 281.

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314 how amorphous the divide between public power and private liberti es, and between st ability and chaos, really was if he was in favor of Catholic Protestant weddings or against them. However, what ultimately concerned Marx in the mixed marriage debate had little to do with religion or conversion. For him, a n issue like mixed marriage highlighted how private emotiona l bonds could be forced into a public, national arena. Heinrich Marx attempted to lay bare the essential dilemma between public and private born out of the French Revolution but he did not necessarily succeed in solving it. The question was larger than the legal principles that Marx so heartily embraced or the religious answers for which Hommer so desperately prayed. It demanded a response founded not only in law, religion, or politics, but one that drew from all three areas to help create another defin ition of German nationalism. That responsibility would fall to Joseph von Grres. By 1837 Grres was in exile in Munich and hard at work on what he considered his most important composition, his four volume Christian Mysticism. His previous works only r arely mentioned mixed marriage, but he approached the issue of interfaith relations from his own, typically the conclusion that most faiths had a strong, underlying connection to one another. This tendency was equally true of Protestantism and Catholicism. In his 1819 Germany and the Revolution appears, so in this respect Protestantism and Catholicism are related to each other as

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315 109 Yet despite these natural bonds, Prussian Protestants were using r ationalism to treat Catholics with contempt and to attempt to relegate Catholicism to obscurity. Prussians presumed, that Catholicism was dead and gone, and had only forgotten to get itself buried; and which now offers out of compassion, as it were, to do honor to the deceased, by attending the funeral, and to assist in breaking the chain which has enslaved the human mind, and overthrowing the tyrant. 110 Thus the Prussians did not treat Catholics any better than the revolutionary French had, and the condition of Catholics had in some cases worsened. As Josef von Hommer had also highlighted, Grres recognized that Prussian promises of religious equality had not been certain extent t he old official style; but the Christian maxim of giving to every one his 111 So from early on in the Rhenish Prussian era, Grres desired religious cooperation on some level, yet he distrusted the Prussians to meet Catholics at the negotiating table. Though Joseph von Grres had been deeply engrossed in writing his next volume of Christian Mysticism the arrest of Droste Vischering caused him to switch directions rather quickly. Within eight days of the arrest of the archbishop, Grr es had committed himself to composing a piece on mixed marriages and Catholic politics. Yet Grres approached mixed marriages much more carefully than he might have in his younger years. Before writing he thoroughly reviewed all the existing materials on the topic so that he could properly inform his reading public. Indeed, as one of the German 109 Jo seph ( trans. unknown) Pamphleteer, 15 (1820): 528. 110 Ibid. 111 Ibid., 529.

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316 the public would turn to him expecting both an explanation and response. G rres had been writing pro Catholic pieces for Der Katholik and Eos since the beginning of his it hard 112 Grres, however, hesitated just a bit to be sure that he had both the support of the pope and the people of the Rhineland. Getting people to listen to him was easy, getting them to act in concert with one another by listening to h is inspirational words was quite another. 113 Four weeks and 160 pages later Athanasius was finally complete In January 1838 Grres wrote to close friend Josef von Giovanelli about how much he did not want 114 However, he felt commanded to, Take the feather to the hand and write what should be said! And so I have made no short work of it and have written and written four weeks long and now you can see what has come out it. How I see it now two days lat er and interpret it, angering myself over the mistakes, I wonder myself now and t hen how the issue will turn out It will cut deeply into rotting meat, and this 112 As qtd. in Schrrs, 557. Ernst was the son of Johann Claudius von Lassaulx, cousin and childhood playmate of Katharina and Franz von Lassaulx. Grres and Ernst had regular correspondence throughout the 1830s with Grres offering Ernst regular advice. Ernst himself e dited other pamphlets during the mixed marriage crisis. Ernst was a well traveled academic who had multiple appointments in ancient philosophy throughou t Germany during his lifetime. For further information see Reichert and Rttgen; Joseph Grres, Gesammel te Briefe. ed. Franz Binder, vol. 3, Freundesbriefe (Munich: Commission der literarisch artistischen Anstalt, 1874), 394 448; and Literarischer Handweiser zunchst fr alle Katholiken ...,vols., 43 44, 53 7, UYV0yOIFHC oTiKXJaD Y&ei=Tb6dTq_hGYXkiALLl9X9CQ&ct=result&id=SuEaAAAAYAAJ&ots=ekZYP4rkhZ&output=text accessed 2 .25.2012. 113 Schrrs, 557 60. 114 Grres, Gesammelte Briefe 485.

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317 is always very sensitive, highly painful to hear, but compassion be cause of this would be horri ble.. 115 battle had not faded over the years. He may have been more careful in how he phrased his ideas, but he still did so with a certain amount of vitriolic glee. Athanas ius marked a Catholic faith. laid out his text as straight forward ly and rational ly as poss ible. Grres named his piece in honor of St. Athanasius, Bishop of Alexandria (296 373). Athanasius had been heavily involved in the controversy surrounding Arianism and endured at least four periods of exile as governments regularly switched positions o n what version of the faith to follow. 116 By using such a venerable example of careful orthodoxy, Grres laid the foundation for his own meticulous argument. His introduction to Athanasius claimed, to see things ba sed in Thus it does not excite, then the truth does not excite. It calms much more in that through the awarding of rights. W here rights are found, it grants the mind the 117 Grres was determined above all to push his Catholic readers into a sluice of his own design, from which any thoughtful mind would see no need to escape as he pushed them firmly toward action. The Catholics ne eded a plan 115 Ibid., 485 6. 116 accessed 2.22.12. 117 Joseph Grres, Athanasius, 2 nd ed. (Regensburg: G. Joseph Manz, 1838), iii.

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318 of offensive attack, a way to vent their anger properly at how th ey were being treated and Grres would provide it for them. a serious thing which requires a serious word, which we want to turn in these pages to it, so that if continuing passion arms itself against passion they find the terrain between themselves occupied by some 118 The Prussians would only completely argument if it were reconfigured for the modern age. Otherwise, Protestant leaders in Berlin would continue to dismiss the Catholic cause as antiquate d, irrational, and unconnected to the driving forces of the nineteenth century: nationalism and individualism. Thus Grres centered all his arguments on the newer ideas of the Enlightenment and the French Revolution. The question to be asked about mixed marriages was 119 Josef von Hommer had been mainly interested in survival of the Church how could they compromise on mixed marriages in order to keep the faith as intact as possible? Grres, on the other hand, sided with Heinrich Marx and boldly went immediately to the heart of the matter by asking a question central to the French Revolution itself wh ere did power end and individual rights begin? Marx, however, had attempted to rationally view all sides of the complicated issue. Ever the polemist, Grres went straight for the emotional heart. 118 Ibid., 1 2. use the masses in promoting his religious agenda see Vanden Heuvel, 329 32. 119 Ibid., 2.

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319 Grres knew what common cultural language to use in orde r to best make his case. The Catholics should be united behind a single cause. Then they all have one and the same goal and this goal is: the complete and whole realization of solemnly granted religious freedom, and the promised political and civic equality of the confession to its fullest extent 120 As Heinrich Marx had also recognized, l egal and political parity and freedom to practice s o far as to suggest that Grres, was neither on the Prussian nor the anti confessional attitude that Grres put forward as his position in the Cologne Affair; his platform was only and along the old liberal attitude of tol erance the Frankfurt Parliam ent wanted to give the German people fundamental rights. 121 Prussians would have difficulty defending their own anti Catholic biases when faced with the issues of human rights and equality that the majority of citizens now believed to be inherent and natural Yet defeat of the Catholic position on mixed marriages was still relatively certain without the creation of a much firmer, more recognizable Catholic party. Modern politics did not just involve private freedoms being trampled upon. It also meant taking individual concerns and making them corporate by creating larger political entities to advance their cause. The driving force behind all of these efforts was nationalism. 120 Joseph von Grres, Ein Leben fr Freiheit und Recht: Auswahl aus seinem Werk, Urteile von Zeitgenossenen, Einfhrung und Bibliographie ed. Heribert Raab (Paderborn: Schningh, 1978), 200. 121 Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 17.

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320 Each group strove simultaneously to prove their own national credentials while mai ntaining the primacy of their distinctive interests. As the religious faith of generations, Catholicism was in a unique position to translate religious bonds to national ones. The line of historical scholarship linking the birth of nationalism with Catho licism has been long and distinguished, especially in regards to France. Colette Beaune has examined the interweaving of Catholic religious imagery into the creation of French national symbols. 122 David Bell has suggested that the French Revolution did not so much destroy religion as use religion as a rich treasure trove for ideas and practices that would help revolutionaries convert France into a national community. 123 Catholics in France and elsewhere pushed back hard against definitions of the emerging na tion revival in the Yonne argues that radical efforts to reclassify what was sacred in national terms often backfired, causing local populations to revolt and remake such imagery as th ey saw fit. 124 However, one of the strongest in making connections between Catholicism and clashing definitions of the nation state has been Raymond Jonas. His examination of the cult of the Sacred Heart from its foundation during the French Revolution th rough its growth in the nineteenth century presents a strong imagined national Catholic community that clearly competed with a secular one. The symbolism of the Sacred 122 Colette Beaune, The Birth of an Ideology: Myths and Symbols of Nation in Late Medieval France trans. Susan Ross Huston (Berkeley Calif. : University of California Press, 1991). 123 David Avrom Bell, The Cult of the Nation in France: Inventing Nationalism, 1680 1800 (Cambridge, Mass : Harvard, 2001). 124 Suzanne Desan, Reclaiming the Sacred: Lay Religion and Popular Politics in Revolutionary France (Ithaca N.Y. : Cornell University Press, 1990).

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321 Heart bound together a community of like minded individuals in sharp opposition to a ch Coeur answered compelling needs: the need to make choices, the need to seek protection, the need to break out of a sense of embattled isolation. Pinning on the Sacr Coeur expressed conviction, secured com 125 For Catholics, community had much deeper roots in a tradition that could be remolded and shaped to counteract all attempts to disconnect them from the nationalism debates that swirled about them. alistic career had been bound up in questions of political authority and the nation state, so it was fairly easy for him to convert a religious Catholic sense of community to a new national stage in Athanasius He pointed out that Catholics already had th e weapons with which to fight against the encroachment of mixed marriages. 126 Yet to make such a claim would merely affir m the right of Catholics to defend themselves, but not the ability to go out on the offensive, as Grres wanted them to do. Thomas Nipperdey has argued that Athanasius popularized, simplified, sharpened, and polarized the c oncrete legal questions that established fundamental distinctions between church and state, Catholicism and 127 However, I would argue that in order for Grres to succeed he actually also had to do the exact opposite prove just how connecte d and critical 125 Raymond Anthony Jonas, France and the Cult of the Sacred Heart: An Epic Tale for Modern Times (Berkeley Calif. : University of California Press, 2000), 86. 126 nd ed., 157. 127 As qtd. in Brophy, 270.

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322 Catholicism could be to the future of the German state. Catholicism was more than the faith of a German minority it was an essential plank upon which German nationalism of the German people. It should not be lost but instead must keep for itself other times, while the current confusion passes over it and everyone finds their right place in the improved 128 As Josef von Hommer had done, Grres hoped for a b etter future in which Catholicism could be restored. him with the frame of reference to see a much wider historical continuum, one in which the past was inextricably linked with the present. Yet his vision was not just vertical, but also horizontal. This vision across divergent religious and cultural groups allowed Grres to go much further than Hommer in connecting his dreams to something more tangible the emerging German nation state. Though at times i n Athanasius Grres attempted to argue that what he was doing was not political but religious 129 he dismissed the notion that the modern state was incompatible with the faith of generations. One could not simply replace the Church with the state or vice ve rsa because the two were bound up together. The teaching of the complete separation of church and state, as has been erected in modern times, is a through and through invalid, tactless, and completely objectionable false teaching objectionable in theory because it comes from empty and vain abstractions, objectionable in practice because it was thought up by political and religious revolutionaries who simultaneously sought to ruin the church and the state. 130 128 nd ed., 159. 129 See Schrrs, 561. 130 Ein Leben fr Freiheit und Recht 192.

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323 Historically each side had protected the other be cause their ultimate aims were so similar maintaining peace and societal order. More recently, Prussia and the Catholic Church had confirmed their allegiance to one another through formal treaties that supposedly guaranteed religious freedom. 131 Enlight enment thought and the French Revolution could not easily dismantle such a bond. The current antagonistic lebendige Durcheinanderspielen 132 or lively, back and forth games. The two sides did not always have to agree with one another but they did have to use the past to rebuild their long standing connection. Athanasius reverberate with German Catholics, and ultimately receive some recognition from Prussian Protesta nts, was not just his claims of a historical relationship between the state and the Catholic Church. He was also willing to firmly place the two faiths at the same national table. Catholics and Protestants had to find some grounds for cooperation because they were part of the stand with each other, and they can promote this without prejudice to their 133 If both sides were willing to work together then a strong, modern German identity based on toleration could be established that would bring more people and their blatant disregard for Catholic religious freedom, he al so attacked Catholics for 131 Ibid., 192 5. 132 As qtd. in Schrrs, 162. 133 nd ed., 160.

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324 their inability to move beyond traditional ways of thinking that kept the faithful propel forward the old mischief in the way that it has been do 134 Just like the Prussians, Catholics had to accept that the world had changed and that older prejudices and hierarchies were no longer viable. At first glance, Athanasius appears to wander drunkenly between past and present, embracing one or the other wherever Grres felt the need to make a point. Sometimes the pa st provided examples of proper c hurch state relations or Catholic community. At other times it was an insufferable agent of inertia that was preventing needed change from getting underway through prejudice and old ways of thinking. Ultimately, however, it was this movement between past and present that made Revolution has often been imagined as a breaki ng marker between the early modern and modern eras, those living through the era did not necessarily see it as such. Instead the culture and language of the age took from past and present simultaneously, rarely seeing a radical conflict between them. Gr res drew on these tendencies in suggesting a path for the future. It did not take long for Athanasius to become a critical document underpinning a new direction that German Catholics would pursue for decades. Historians have been loquacious in their prais Athanasius 134 Ein Leben fr Freiheit und Recht 198.

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325 135 God enthused s 136 137 Its popularity was impressive. Only four months after printing began there were already four editions with over 10,000 copies in print a huge number considering how many hands each co py probably passed between. 138 About a year after Athanasius, Ludwig I of Bavaria ennobled Joseph von Grres for his service to the state. Two elements were work did not just a ppeal to religious Catholics, but to secular ones as well, because of the way in which he combined legal and national concerns in new ways. 139 The other, as his biographer Jon Vanden Heuvel proposes, was his ability to give the local national significance. experience of the Rhenish Catholics, a minority in a Protestant state whose time honored rights had been transgressed, Grres transposed onto the big screen of German and European poli 140 He did not have to wait long for the German public to respond to his trumpet blast. 135 Schrrs, 557. 136 J oseph Galland as qtd. in Schrrs, 559. 137 Martin Spahn Karl Hoeber, ed., Grres Festschrift. Aufstze und Abhandlungen zum 15 0. Geburtstag von Joseph Grres (Cologne: J.P. Bachem, 1926), 253. 138 Schrrs, 564. Grres went on to write other pieces in response to Athanasius and the arrest of th e archbishop. The most important of these was Joseph von Grres, Zweites Jahresgedchtni des zwanzigsten Novembers 1837 (Regensburg: G.J. Manz, 1840). 139 Brophy, 271; Vanden Heuvel, 349; and Reardon, 133 4. 140 Vanden Heuvel, 349.

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326 Catholics throughout Europe responded to Athanasius enthusiastically, relieved that someone had finally stood up effectively to the Prussian threat. Early newspap er Allgemeine Zeitung oing to 141 Athanasius ? You have found the right and timely expression for that which for two lifetimes has moved every Catholic breast. What by thousand reasons in sighs and wails, in pleading and imagination, in quarreling and angry words you yourself have 142 Some saw the work as a true call to arms. Carl Johann Greith, a friend of G 143 after reading Athanasius and suggested an even better title would cardinal. There were ot her Catholic leaders who thought that Grres was giving up too much in suggesting that the Church needed to modernize itself. Johannes Theodor Laurent, an Aachen ultramontane cleric who supported Leonhard Nellessen, called 141 14 February 1838, Allgemeine Zeitung, Auerordentliche Beilage Nr. 82 3 as cited in Heribert Raab, ed ., Joseph Grres (1776 1848): Leben und Werk in Urteil Seiner Zeit (Paderborn: Ferdinand Schningh, 1985), 372. 142 Josef von Giovanelli in Joseph von Grres, Gesammelte Briefe 487. 143 Carl Johann Greith to Joseph von Laberg, 23 February 1838 as cited in Raab, ed ., Joseph Grres : Leben und Werk 375.

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327 Athanasius 144 In 145 Yet was clearly a minority one. Catholics throughout Germany recognized the new possibilities that Athanasius opened for them in their battle over mixed marriages and beyond. Those on the Prussian side also recognized the importance of Athanasius if a bit m ore reluctantly and much more angrily. Karl Varhagen von Ense, an important political Berlin commentator, probably read the work almost immediately after it was published. He wrote bitterly in his diary, Athanasius from Grres, an adverse whistled writi ng [Pfaffenschrift] full of bad cunning and lies! Once a hero, Mr. Grres, now an angry old woman! Outdated!...Leibnitz, Kant 146 Other government agents who were paid to keep on top of any possible disturbances were also quic k to read it and report back to their superiors. An anonymous agent in Frankfurt attempted to simultaneously alert his superiors and play down the threat. but can only be read, that means will be understood, by a small portion of the public. His language is too difficult, too bombastic but the introduction, for example, is very good, although strong. The name Grres has little resonance still in Germany it is long since worn out publically. 147 144 Johannes Theodor Laurent to Joseph Laurent, 28 February 1838 as cited in Raab, ed ., Joseph Grres: Leben und Werk 376. 145 Ibid., 377. 146 Karl August Varnhagen von Ense, 18 February 1838 diary as cited in Raab, ed ., Joseph Grres: Leben und Werk 373. 147 Anonymous agent report, Frankfurt, 13 February 1838 as cited in in Raab, ed ., Joseph Grres: Leben und Werk 373.

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328 Others viewed the work in much starker terms. August Hermann Graf Dnhoff, a Prussian diplomat residing in Munich, advised Friedrich Wilhelm III that Athanasius 148 In his changed colors and from a demagogue has become a religious fanatic. The purpose stays the same war on all governments, especially the Prussian. It is becaus e of the outbreak of an accumulated, twenty year old, held back hatred that at the moment there 149 Renowned Leipzig philosophy professor Wilhelm Traugott Krug had already written on the subject of mixed marriages before book was published. In a long winded response, Krug venomously attacked the strong connection that he imagined between Grres and the pope, as well as the entire manner in which Grres presented his case. To Krug, Athanasius throws with brutal violence, with mistaken stubbornness, with sophisticated whitewash, with absurdities and atrocities, with extreme monstrosities and hideousness, with crude and uncouth eruptions of a rigid skeleton, with an angry ghost that will not stop going around the P russian state and causing understanding, so that like other howling, snapping, hunger whipped 150 dis missed by Krug. For many Prussians, to accept Athanasius as anything more than 148 August He rmann Graf Dnhoff to Friedrich Wilhelm, 10 February 1838 as cited in Raab, ed., Joseph Grres: Leben und Werk 370. 149 Ibid., 370 1. 150 Wilhelm Traugott Krug, Gregor VII und Gregor XVI. Oder: Neues Papstthum. Eine kritische Parallele, Athanasius, nebst Vorschlgen zur Gte (Leipzig, 1838) as cited in Raab, ed., Joseph Grres: Leben und Werk 379. For an interesting Prussian counterpoint to the religious attacks that Athanasius endured is Karl Gutzkow, Die rothe Mtze und die Kapuze: zum Verstndnis des (Hambu rg: Hoffmann und Campe, 1838). Gutzkow basically attacked all religion as non rational but was particularly against Catholicism.

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329 the musings of an irrational man who had always sought to stir up controversy would be to accept the legitimacy of a Catholic German identity. To cast aside or vilify Grres was the easiest way to deal with the fury that he had unleashed. Unluckily for the Prussians, the impact of Athanasius was wide and deep. The book clearly furthered the coalescence of a national German Catholic interest. By the end of January 1838, only days after the printing of Athanasius began, Joseph von Grres was already hopeful about the direction that German Catholicism seemed to be leaning. In his letter to Josef von Giovanelli, Grres optimistically suggested a brighter future for the faith. Th e local Prussian legation has already suggested confiscation three weeks ago but it was properly dismissed [by the Bavarian king] The king holds himself strongly and protects free discussion so that the war against Gog and Magog is led courageously from here, and as they see, with good results. The best, however, happens in stillness, and the news from the Rhine about it is highly pleasant. Everything returns to the Church that no one has visited for 40 years, they have found themselves in it, and the a ngry scabies that has been attached to it for so many years flakes off, and the healthy flesh takes hold once more. In Coblenz alone, which harbors 12000 residents, 1500 more are revol utionary connections of which I speak. In Rome too, the attitude is excellent. In short, everything goes as it should, midnight is gone and the 151 Of course, even in his enthusiasm Grres probably recognized that a spike in religiosity or church attendance would not necessarily last. Protestants could comfort themselves with the fact that once the furor over mixed marriages subsided, as it was sure to do eventually, keeping up the long term intere st in the Catholic cause would be much more difficult. They would be a bit mistaken. 151 Grres, Gesammelte Briefe 486.

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330 The mixed marriage crisis did slowly die down, albeit with a few more controversial moments. On April 22, 1839 almost two years after being placed under house arrest i n Minden, Droste Vischering was finally released, ostensibly due to his poor health. He was allowed to remain archbishop in name, yet he was forced to have a coadjudicator to handle the daily affairs of the archdiocese and he remained in practical exile f or the rest of his life. In October of the same year, M artin von Duni n, archbishop of Posen mixed marriages. Friedrich Wilhelm IV ascended the throne in 1840, signali ng a softening of the Prussian attitude toward mixed marriages. By 1841 a legal settlement between the two sides had been reached in favor of the Catholics and a celebration at the Cologne Cathedral in 1842 officially ended the hostilities over intermarr iage. 152 However, lessening tension in one arena did not mean that the issue of Catholics within a Protestant Prussian state had really been solved. Instead the Cologne Troubles were the opening salvo in a battle that would rage throughout the nineteenth ce ntury. Prussians continued pushing for religious integration, and they had some notable successes. The Civil Marriage Law of 1874 made civic marriages mandatory for all citizens. By 1910, 10% of all German marriages were interfaith and 45% of bureaucrat ic divisions had religious minorities of 10% or more. 153 Yet, a s the massive turnout for the 1844 pilgrimage to the Holy Coat of Trier revealed, Catholic religiosity 152 Brophy, 2 55 6; accessed 5.25.2012 ; and Catholic Encyclopedia (1913) Clemens August von Droste Vischering, Vischering accessed 5.25.2012. 153 Hlscher, 42. For more on Prussian reactions to the threat of Catholicism see Michael B. Gross, The War Against Catholicism: Liberalism and the Anti Catholic Imagination in Nineteenth Century Germany (Ann Arbor Mich. : University of Michigan Press, 2004).

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331 among the masses continued to grow unabated. A small number of Catholic leaders recognized the need to harness that energy. They pushed for new devotion to the pope, became increasingly involved in popular belief culture, and founded a number of Catholic journals and associations to further their cause. Though at times the outlook of the Cath olic leadership and the masses diverged, overall they were able to construct a distinctive culture at increasingly sharp odds with the rest of Germany. 154 As industrialization took hold in the later nineteenth century, Catholics put forward an anti modern p osition that, though ultimately somewhat ineffective in keeping change at bay, did represent a legitimate challenge to Prussian Protestant national hegemony. Joseph von Grres continued to be at the forefront of this movement until his death on January 29, 1848. In the national Catholic political cause, Grres had finally found a home in which he could inspire people to action. His old friend Clemens Brentano described him as a, 155 In 1838, shortly after Athanasius was published, Grres founded Historisch Politische Bltter a major Catholic political journal that continued long after he was gone. He delighted in the growing popular Catholic piety that he saw emerging around him, contending that it was a means of proving to the government just how powerful the Catholic movem ent could be politically. His 1845 essay, The Pilgrimage to Trier was 154 Altgeld, 107 21. Among the most important works on the g rowth of mass Catholic movements in the nineteenth century are Sperber; David Blackbourn, Marpingen: Apparitions of the Virgin Mary in Nineteenth Century Germany ( Revolution: Sozialgeschichtliche Aspek Archiv fr Sozialgeschichte 14 (1974): 419 54; and Anton Rauscher, ed., Religis kulturelle Bewegungen im deutschen Katholizismus seit 1800 (Paderborn: Schningh, 1986). 155 As qtd. in Vanden Heuvel, 346.

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332 another polemical gem that argued crowds had gathered not as an emotional, idol worshipping mob, but as a movement to conserve the Church and show just how little control the state act ually had. To Grres the folk traditions of lower class Germans were much closer to the real Germany than anything imposed from above. These were the people that could reinvigorate the Church and then the state at large. 156 At first glance, the beginning and ending of this chapter might appear to have little to do with one another. How did we get from a Catholic priest advising his nephew about marriage to striking a new, nationalistic path for German Catholics? What is stunningly clear in this story is just how interwoven different spheres had become by the late 1830s. What was an individual dilemma had regional implications and regional dramas played themselves out on national stages. A religious debate was much more than a battle between faiths beca use questions of law, sovereignty and the composition of a nation were bound up within any question of who could marry whom and why. Josef von Hommer, Heinrich Marx and Joseph von Grres all understood and used these connections to varying degrees in resp onding to the challenge of a changed world. All three of these gentlemen could also readily point to the cause of this rapid realignment of societal values and cultural systems the French Revolution and its aftermath. There were several outcomes of the revolution that they found particularly distasteful. Hommer, Marx and Grres all complained, directly or indirectly, about the ways in which the state was centralizing its power in the nineteenth century. Hommer 156 Vanden Heuvel, 33 7 40. Zur historischen Einordnung einer n Georg Droege, Wolfgang Frhwald, and Ferdinand Pauly, eds ., Verfhrung zur Geschichte. Festschrift zum 500 Jahrestag der Erffnung einer Universitt in Trier 1473 1973 (Trier: NCO Verlag, 1973).

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333 disliked the ways in which the state had t aken over the religious act of marriage. Marx complained about how politics now influenced the rarified world of law. Grres argued that states now based themselves in competition rather than in the harmony that underlay earlier ages. Political battlefi elds were also directly linked to burgeoning the cash nexus of the marketplace was a revolutionary solvent of traditional social relations, an acid that ate away at the bonds of family, Ch 157 Of course in making this economic argument, Grres and other Catholics sound ed remarkably like warfare and would have preferred a ret urn to the past, Catholic leaders in Germany had similar reasons for desiring change. However, in rejecting the increasing antagonisms wrought by the French Revolution, Catholics did not shun its accompanying principles of civic equality and individual lib erty. Instead they used these ideals to point out the hypocrisy of Prussian politics. This ability to use the values of the age against their purveyors is what made the Catholic party dangerous. They used the issue of mixed marriages to their fullest ad vantage. Early in the debate a popular pamphlet, The Catholic Brother and Sister League for Pure Catholic Marriages: An Easter Present for Boys and Girls from Dsseldorf proposed establishing a league in which Catholics would pledge to only marry fellow Catholics. Group prayers argued that Catholics could engage in civil disobedience because they answered to a higher power than the state, hymns urged reb 157 Ibid., 353.

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334 158 While their message was one of separation from modern values, their tactics were clearly influenced by what radicals had used during the French Revolution. As Jame s Brophy has pointed out the creation of a Catholic political party did not just mean, a Catholic world retreating behind closed doors, shunning secular streamed into the lives of Rhenis h Catholics. They sang songs and read texts and participated in festivities that had little to do with religious 159 Along with many other arenas in the nineteenth century, religion became politicized becau se of the weakened divide between private and public, and between secular and sacred. Yet to see such a large shift in consciousness merely in terms of the defeat of older, worn out values is to miss the wider picture. Catholics purposefully reshaped new ways of thinking to meet their own needs. In the process they created a national threat to Prussian Protestant hegemony. The Cologne Troubles of the 1830s were only the beginning of long process of Catholic politicization that would not reach its height until the 1870s. By 1874, four out of five German Catholics voted in parliamentary elections for the Center party, the German Catholic political party. In an interesting piece comparing nineteenth century political German Catholicism and the politicizati on of Turkish Islam in the 1970s, sociologist asserts that there are three interlocking stages for the politicization of faith: reaction 160 One began with a religious 158 Brophy, 276 8. 159 Ibid., 306 7. 160 Politics and Society 38, no. 4 (2010): 518 21. The body of literature on the growth of the

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335 revival that threated secular political power, wh ose leaders then oppressed the religious movement. Using the networks established by the revival, religious leaders reacted by creating a political organization to protect their interests. However, though Altinordu recognizes that the events of the 1830s were an important precursor to the politicization of Catholicism after 1848, he dismisses the earlier period as not having enough organization to be really effective. 161 This assessment is no doubt true the Cologne Troubles were no Kulturkampf The viol ence of reactions on both sides of the issue and the amount of people involved in political religious controversy clearly increased after Cologne Troubles. Perhaps it wo uld be better to view Catholic politicization more in terms of ever tightening circles of reaction Catholic leaders like Hommer, Droste Vischering, and Grres did not necessarily have the clout to rewrite Prussian politics to inc lude Catholicism. But they did start a process of changing how Catholics could locate their identity within a new Germany. Catholic party after 1848 is too extensive to do more than scratch the surface here. Just a few of the more interesting pieces include: Comparative Politics 32, no. 4 (2010): 379 98; Stathis N. Kalyvas, The Rise of Christian Democracy in Europe (Ithaca N.Y. : Cornell University Press, 1996); Jos Casanova, Taiwan Journal of Democracy 1 no. 2 (2005): 89 108; Carolyn M. Warner, Confessions of an In terest Group: The Catholic Church and Political Parties in Europe (Princeton N.J. The Journal of Modern History 63 no. 4 (1991): 6 82 89. 161 Ibid., 521 30. Jonathan Sper ber makes a similar argument 8 37.

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336 CHAPTER 7 CONCLUSION In October 1870 at the height of tensions between France and Germany o ver the famous Alsace Lorraine border region Fustel de Coulanges, a French historian penned a passionate letter in response to German historian Theodor Mommsen. De present and speak to the challenges of trying to make rational sense of nationality or any other form of identity when they have a community of ideas, of interests, of affections, of memories and 1 Living on an ever changing border, embroiled in th e ardor of war and its aftermath, de Coulanges argued in a way Joseph von Grres Josef von Hommer, Franz von Lassaulx, and Cerf, Samuel, and Heinrich Marx would have understood. They had all watched and participated in the contentious debates about what shape their national community might take next and whether they would be invited to join it. With nationalism 2 Yet just as the border itself was not an immobile line drawn in the sand, so too w ere the emoti ons that nationalism and other forms of identity engendered. Responses to societal structures and historical change were naturally quite individualized and contradictory. might impos e itself upon their daily lives or what they might to do to become citizens was certainly different than Grres, Hommer or Lassaulx. Grres looked with disdain 1 Philip Riley, Frank Gerome, Henry Myers, and Chong Kun Yoon eds., The Global Experience: Readings in World History since 1550 vol. 2, 5 th ed. (Upper Saddle River, N.J.: Prentice Hall, 2006), 137. 2 Ibid.

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337 understood his bro ther in It is also clear that however they might have defined nation at the beginning of their lives was probably different than how they defined it at the end. Thus we can only understand nationalism as an amalgamation o f quite divergent emotional and rational responses that change over time. Further complicating national identity is that fact that its many forms simultaneously intersect and compete with one another within society and within each individual personality As Adrian Hastings has convincingly pointed out, the rise of nationalism in the nineteenth century cannot be understood apart from the Christian religion from whence it came. Though the modern nation state in many ways grew in opposition to medieval Chris and its way of thinking. The use of boundary lines is just one example of the ways in which nation and religion mingled: one wide ranging context for the religious shaping of nationalism is th at of a existence by the advance of a power committed to another religion, the political conflict is likely to have superimposed upon it a sense of religious conflict, almost crusade, so that national identity becomes fused with religious identity. 3 Thus early nineteenth century national border clashes in the Rhineland could easily be transferred linguistically and culturally back to preexisting religious battlegrounds between faiths. J ews and Catholics had not historically been part of a Lutheran Prussian understanding of community. Now that they were to be part of the same 3 Adrian Hastings, The Construction of Nationhood: Ethnicity, Religion and Nationalism ( Cambridge, UK : Cambridge University Press, 1997), 1 90.

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338 nation and no longer shuttled off into separate ghettos or divided into tiny cuius regio, eius religio political states, how could these divergent groups come to trust and understand one another? The battle for each individual soul was critical in establishing this new kind of kinship with each other. In attempting to attract more individuals into the national fold the state was forced to grapple with yet another dilemma. If national identity can be fused with religious identity what does that say about identity in other forms like legal identity, local identity, or revolutionary identity? Are all forms of identity interchangeable despite of, or culture? The stories told throughout this dissertation strongly suggest that this rather unsettling notion is true. Individuals do indeed mix different forms of identity regularly to create lives that are meaningful to them, especially at unsettling times like the French Revolution. Joseph von Grres was at times the most fervent of nationalists, while at other times the most dedicated of revo lutionaries, while at still other times the most passionate of Catholics. Yet such an assertion did not merely mean that he could not make up his mind. All of his identities were quite real to him as he lived in the moment, searching for meaning and trut h. Nor was he alone in this ever evolving existence. Heinrich Marx and both of his brothers had multiple identities that conflicted with one another as they strove to balance their faith, their careers, and their national allegiances. Franz von Lassaulx moved from being a radical trying to bring down the government to someone who fully embraced the rule of law. In imagining his future as a young man, Josef von Hommer probably did not see himself trying desperately to balance political and religious comm itments even on his deathbed

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339 One might claim, as critics of Lassaulx, the Marxes Hommer and Grres did, that be trusted. Hommer was accused of being too willing to c ompromise. Lassaulx was considered not German enough to understand that French law codes would not fit a religious transformation was called disingenuous and self serving. Heinrich Marx (and most likely his brother Cerf) was nev er fully accepted as an could extend beyond a single generation. In a way, such critique is valid, but not just for the characters discussed here. Commitment to any cause or organization can always be called into question because the reasons behind group membership, as well as how that membership is defined, are so individualized. The ability to cross borders and shift societal boundaries to meet in dividual needs is what provides us all with the opportunity to undermine society and change its direction. It is what makes each of us dangerous assertion of control over our allegiances Yet to make such claims is not to argue that societal structures are meaningless. At times, people assert older forms of identity in an effort to hold back change that through the French Revolution and its aftermath could a t first glance be viewed as that of a lost soul, struggling against the forces of modern life that were bound to overwhelm his mild mannered search for compromise. His story, however, was much richer than ully possible one, was that structures from the past could be rebuilt to fit the future and identities remolded to create a just world. Joseph von Grres also looked to the past, albeit a much deeper mythological

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340 one, for answers that he was certain would transform the present. For other people, like Franz von Lassaulx and Heinrich Marx because it offered up new ways to imagine what society and individual s themselves might become. However, vers ion of the future was based in new law codes and thus was Marx had to prove his loyalty to society just in order to survive. persuasive because it provided securi ty and a sense of place that people needed to make sense of their daily lives. Gene Allen Smith and Sylvia Hilton have suggested another definition of identity that may be more helpful: social groups within the community. This means that membership in any collective interest of any community to try and know and exert some control over the different personal identities of its members, but individuals may reject socially assigned identities, and sometimes they can try to keep one or more identities partially or wholly hidden. 4 Thus the individual and the collective work together in identity creation. By allowing both sides equal weight in defining history, we can better make sense of how history was lived. History can not exist without biography, and biography cannot be made real without the structures that undergird it. Such a claim does not mean that non 4 Gene Allen Smith and Sylvia Hilton, eds., Nexus of Empire: Negotiating Loyalty and Identity in the Revolutionary Borderlands, 1760s 1820s (Gainesville Fla. : University Press of Florida, 2010), 347. Related discussions of structure versus narrative and experience versus social construction can be found Peter Burke, ed., New Perspectives on Histori cal Writing 2 nd ed. (University Park, Penn.: Pennsylvania State University Press, 2001 ), 289 91; Alan Forrest, Karen Hagemann and Jane Rendall, eds ., Soldiers, Citizens, Civilians: Experiences, and Perceptions of the Revolutionary and Napo leonic Wars, 1790 1820 (New York: Palgrave Macmillan, 2009), 7 17.

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341 biographical historical works are necessarily less authoritative. However, in order for the historical discipline to survive and continue to be valid in a rapidly changing world it must recognize its responsibility to allow individual voices to be heard through the din of post modern thinking. Readers of history, both academic and non academic, are in search of mea ning, and the people of the past are critical in providing grappling hooks with which one can make sense of the world. The lives discussed in this dissertation have had much to tell us about how we can reorganize categories and create connections across bo undary lines. Many more questions remained to be asked. One particularly challenging hurdle is that of public versus private concerns. Hommer, Lassaulx, Grres and the Marxes wrote down their thoughts for posterity at moments they found particularly tro ubling, when they believed that their voices might persuade others to change direction. Thus we are left with large gaps in their tales the times at which their many different competing identities seemed to better balance one another and they were conte nt. These stories all give off the appearance of profound discomfort of pieces of a puzzle that did not fit together, but it is doubtful that any of these men were completely disenchanted with how their lives ended up. Instead, their daily lives were pr obably filled with equal amounts of compromise, more mundane issues, and a desire to improve themselves and their world. The historical record, which survives on influence and chance, also leaves sizeable voids This situation is particularly dire with t he Marx family whose records and thus lack some of the depth of my other characters who wrote (and whose thoughts

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342 were preserved) much more regularly What happened to Cerf Marx and his family in Aachen after they converted? Did they receive the acceptance and the stabilization of their livelihoods that they so desper ately needed? What about the stories of women within these families Katharina von Lassaulx, F Benedikte Korbachs, Franz von Maria Anna Gert rud Hommer, the and finally Michle Brisac, Henriette Presborg, and Henrietta Medex, wives of the three Marxes? They all profoundly impacted the lives of the men discussed here, yet only their names really remain In thinking about these women one soon uncovers other holes in the family stories We cannot even tell if these gentlemen got along with one another, particularly after they made radical decisions that put them on different paths. When Franz von Lassaulx decided to join the Napoleonic administration how did it alter his friendship with Joseph von Grres who was so opposed to the French? How much could Heinrich Marx talk with his rabbi brother aft er he converted to Protestantism? The little evidence that we do have suggest that none of the se relationships broke down completely, but they were no doubt transformed in important ways that we can no longer fully understand. One must also ask whether if what has been learned from these cases could be applied to others. It is clear that despite such a diverse range of experiences similar concerns over religion, law, marriage, borders, and the openings offered by the French Revolution were vital societa l issues in Trier and Coblenz. Other individuals living in these communities engaged these societal changes and spoke out about them, trying to convince others to join them. Yet there were also no doubt other problems that weighed equally heavy on people minds like economic concerns, disease, family rivalries, and

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3 43 scientific/technological growth. Indeed, adding just a few more issues and case studies onto the table would no doubt mean reexamining my characters and uncovering new things about their iden tities If our range of vision expanded slightly either geographically or chronologically, other things might be learned. Just how far did the French/German border really extend? Would there be similar responses if one examined individuals in Bonn, Fra nkfurt or Munich? While it is difficult to ascertain anything for certain, it is probable that some reactions would be stronger in Trier and Coblenz because of their border position s particularly those regarding national status, but others would be diffe rent. What would happen if one added the Enlightenment or 1848 into the discussion? Again, the French Revolution created and used a certain language that would not be found in other eras but certain situations and responses were true across time. All o f this uncertainty, however, points once again to a key point of this dissertation: boundary lines are porous and not easily demarcated. The French Revolution was a period of intense instability in which individuals could not escape the fact that they we re being given the ability to try something different and change the language through which society had previously been understood. Now they could make laws more equitable, have careers that their fathers could not imagine, change their faith, and become members of a national community. As society shifted, individuals in the Rhineland shifted with it and became members of new communities whose boundaries were especially permeable The period points out, above all, just how possible it is for people to re write the direction of their lives and simultaneously question and possibly redirect the direction of society as a whole.

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344 While other historians have pointed out the ways in which the French Revolution allowed people to rewrite their own life directions an d begin remaking society, the stories of this dissertation have revealed a more complicated story. One cannot merely observe one aspect of a life or of society because it is at the intersection of various identities, past and present, that life is lived. We can never entirely make sense of this process because so much of it occurs subconsciously, but in making an effort we can see threads that begin to make patterns. The French Revolution opened an avenue to reidentification and reconfiguration of our beliefs and paradigms that has continued into the present. It attempted to establish new boundary lines between nations, between faiths, and between people that ultimately did the reverse of what their orginato rs probably envisioned. These new borders brought into question not only the way society had previously been arranged but also the new ways of thinking that everyone was supposed to embrace. This sense of permanent reexamination and doubt, so present in the lives of Joseph von Grres, Josef von Hommer, Franz von Lassaulx, and the Marxes, is the ultimate legacy of the French Revolution.

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345 LIST OF REFERENCES Primary Sources Arnold, Georg Daniel and Franz von Lassaulx. Codex Napoleon in teutschen Staaten, veranlat durch eine von Hrn. von Almendingen in gegenwrtiger Zeitschrift (36tes Heft S.46.u.f.) an die Die Rheinische Bund 16 (1810 ): 9. Augustine, Saint Bishop of Hippo. Confessio ns. Translated by R.S. Pine Coffin. New York: Penguin, 1971. Ayoun, Richard, ed. 1812) documents, bibliographie et annotations Berger, Roger, ed. and trans. In Old P aris: An Anthology of Source Descriptions, 1323 1790. New York: Italica Press, 2002. Bormann, K.T. and Alexander von Daniels. Handbuch der fr die kniglichen preussischen Rheinprovinzen verkndigten Gesetze: Verordnungen und Regierungsbeschlsse aus der Z eit der Fremdherrschaft. 6 vols. Cologne: Bachem, 1833. Consistoire de la synagoguede Trves. Le Consistoire de Trves, aux habitans de las circonscription, professant la Religion mosaque. Das Consistorium zu Trier an die Einwohner seines Bezirks, welche sich zur Mosaischen Religion bekennen [S.l.], 1808. vol. 2 of The Global Experience: Readings in World History since 1550 E dited by Philip Riley, Frank Gerome, Henr y Myers, and Chong Kun Yoon 5 th edition. Upper Saddle River, N.J.: Prentice Hall, 2006. Gallingani, Daniela, ed. Parigi e dei Verbali del Gran Sinedrio, con le lettere di Iacopo Carmi introdotte da Andrea Balletti Bologna: Biblioteca europea della Rivoluzione Francese, 1991. Grres, Joseph. Athanasius. 2 nd ed ition Regensburg: G. Joseph Manz, 1838. ---------. German Romantic Criticism. Edited by A. Leslie Willson. Translated by Ralph Read. New York: Continuum, 1982. ---------Pamphleteer 15 (1820) : 500 45.

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346 ---------. Gesammelte Briefe. Edited by Marie Grres. Vol. 1. Familienbriefe. Munich: Commission der literarisch artistischen Anstalt, 1858. ---------. Gesammelte Briefe. Edited by Franz Binder. Vol. 2 3 Freundesbriefe Munich: Commission der literarisch artistischen Anstalt, 1874. ---------. Gesammelte Schriften Edited by Max Braubach. Vol. 1. Politische Schriften der Frhzeit, 1795 1800 Cologne: Gilde Verlag, 1928. ---------. The Rise of Modern Mythology, 1680 1860. Edited by Burton Feldman and Robert D. Richardson. Bloomington Ind. : Indiana University Press, 1972. ------. Zweites Jahresgedchtni des zwanzigsten Novembers 1837. Regensburg: G.J. Manz, 1840. Gutman, Ren, ed. Le document fondateur du Judasme franais: Les dcisions doctrinales du Grand Sanhdrin, 1806 et de Joseph David Sintzheim et le Grand Sanhdrin de Napolon. Strasbourg: Presses universitaires de Strasbourg, 2000. Gutzkow, Karl. Athana sius. Hamburg: Hoffmann und Campe, 1838. Haller, Annette, ed. Das Protokollbuch der Jdischen Gemeinde Trier, 1784 1836: Edition der Handschrift und kommentierte bertragung ins Deutsche. New York: Peter Lang, 1992. Hansen, Joseph ed. Quellen zur Geschichte des Rheinlandes im Zeitalter des Franzsischen Revolution, 1780 1801. Vol. 1. 1780 1791 Vol. 2. 1792 1793 Vol. 4. 1797 1801 B onn: Verlag P. Hanstein, 1931 8. Hommer, Josef von. [ Fastenhirtenbrief ]. [Trier]: 1833. ----------, ed. Der heilige Gesang, oder Katholisches Gesang und Gebethbuch zum Gebrauch beym ffentlichen Gottesdienste, in der Dizese Trier. Ehrenbreitstein: Ludwig Jenatz, 1831. ----------. Historische Notizen von dem Thal Ehrenbreitstein. Der Brgerschaft dasselbte n an dem Jubelfeste der dasigen Kirchweihe am 25ten October 1807 gewidmet, und zum Besten der dasigen Armen verlegt [S.l.]: 1807. ----------. Josef von Hommer: Es mu Einheit seyn: Anreden eines Bischofs an die Alumnen seines Seminars Trier: Paulinus Ve rlag, 1993.

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347 ----------. Josef von Hommer, 1760 1836: Meditationes in Vitam Meam Peractam, Eine Selbstbiographie Edited and translated by Alois Thomas. Mainz: Selbstverlag der Gesellschaft fr Mittelrheinische Kirchengeschichte, 1976. Jakob, Ludwig. Das T rierer Priesterseminar im Restaurationszeitalter, besonders unter Bischof Hommer. Manuscript, Trier Diocese Archive. Janssens, Francis. Cat holic Diocese of Natchez (Miss). Instruction on M ixed M arriages. Natchez, Miss : s.n., 1884 Landsberg, Ernst, ed. Die Gutachten der rheinischen Immediat Justiz Kommission und der Kampf um die rheinische Rechts und Gerichtsverfassung 1814 bis 1819. Bonn: 1914. Dsseldorf: Droste Verlag, 2000. Lassaulx, Franz von ed. Annalen der Gesetzgebung Napoleons. Herausgegeben v on F. Lassaulx, ordentl. Professor des Codex Napole o n an der Fakultt der Rechte Coblenz, 1808 : 25 34, from Frstlich Waldecksche Hofbibliothek, FWHB III 92e 2 ( 1808 ) vol. 1.1. ---------. Des Caractres distinctifs du Code Napolon. Paris: Duminil Lesueu r, 1811. ---------Annalen der Gesetzgebung Napoleons 1, 1 (1808): 170. ---------. Handbuch fr Vormnder oder Unterricht ber die Verrichtungen, welch e Vormnder und Kuratoren nach dem kodex Napoleon zu versehen haben Coblenz: Pauli, 1807 ---------. Historisches Taschenbuch, Erster Jahrgang, Jahr 10 oder 1802. Coblenz: Lassaulx, 1802. ---------es Herausgebers. Journal fr Gese tzkund e und Rechtsgelehrsamkeit 1, 3 (1804 5) : 190. ---------. ber die unterscheidenen Charactere des Code Napoleon Translated by U.C. Wolters. Hamburg: Friedrich Perthes, 1811. Marx, Karl and Frederick Engels. The German Ideology, Part One. Edited by C.J. Arthur. New York: International Publishers, 1970. ----------. n The Marx Engels Reader Edited by Robert Tucker. New York: W.W. Norton, 1978

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348 Maslin, Simeon J. An Analysis and Translation of Selected Documents of Napoleoni c Jewry Cincinnati Ohio : Hebrew Union College Jewish Institute of Religion, 1957. Masson, Charles Franois Philibert. Die Grndung der Republik. Ode von F. Lassaulx nach der franzsischen des Brgers Ch. Fr. Philibert Masson, Verfassers der Helvetier, we lche den vom National Institut von Frankreich ausgesetzten Preis der Dicht Kunst erhalten hat. Coblenz: Lassaulx, 1802. Mendes Flohr, Paul R. and Jehuda Reinharz, eds. The Jew in the Modern World: A Documentary History New Yor k: Oxford University Press, 1 980 Mercier, Louis Sbastien. Panorama of Paris: Selections from Le Tableau de Paris. Edited by Jeremy D. Popkin. Translated by He len Simpson. University Park, Pa. : Pennsylvania State University Press, 1999. Nolden, Reiner and Mire Mulloy, eds. The Jews of Trier: A documentation based on Archives and Library in 1988. Trier: Municipal Library and University Library, 1988. Padover, Saul, ed. and trans. The Letters of Karl Marx Englewood Cliffs, N J .: Prentice Hall, 1979. Paris grand sanhdrin, Transactions of the Parisian Sanhedrim or Acts of the Assembly of Israelitish Deputies of France and Italy, convoked at Paris by an imperial and royal decree dated May 30, 1806. Translat ed by M. Diogene Tama. London: C. Taylor, 1807; Reprint: New York: University Press of America, 1985. Raab, Heribert, ed. Joseph von Grres, Ein Leben fr Freiheit und Recht: Auswahl aus seinem Werk, Urteile von Zeitgenossenen, Einfhrung und Bibliographie Paderborn: Schningh, 1978. ---------. Joseph Grres (1776 1848): Leben und Werk im Urteil seiner Zeit. Paderborn: Ferdinand Schningh, 1985. Rehberg, August Wilhelm. ber den Code Napoleon und dessen Einfhrung in Deutschland Hanover: n.p., 1814. Reichert, Franz Rudolf and Heinz Rttgen, eds. Von der katholischen Aufklrung bis zu den Klner Wirren. Ein Verzeichnis von Flug und Streitschriften aus der Bibliothek des Trierer Priesterseminars. Trier: Bibliothek des Priesterseminars, 1978 Schieder, Wolfgang, ed. Skularisation und M ediatisierung in den vier rhein i s chen Departements 1803 1813: Edition des Datenmaterials der zur verussernden

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377 BIOGRAPHICAL SKETCH Dawn Lynn Shedden was born on November 29, 1968 in Cherry Hill, New Jersey. She grew up in New Jersey and graduated in 1987 from West Morris Central High School. She received her B.A. in history from Wellesley College in Massachusetts in 1991, graduating magna cum laude with honors and elected to Phi Beta Kappa. She then attended the Universitt Hannover in Hanover, Germany for one year. She spent several years working as Education Director at the St. Petersburg Museum of History before returning to school. In 1998 she received he r M.A. in European History from the University of North Carolina at Chapel Hill. She has taught since 2000 as an a djunct instructor at Eckerd College while raising three children and working to finish her degree.