Document No. 2
English resumed version sent by Gyorgy Ujlaki, Budapest, Hungary
Hungarian Jews were emancipated by the force of Law 1867:XVII.
Toleranzpatent - Act of Emancipation
Details of the Austro-Hungarian Act of Emancipation of Jews. Down below are two articles I found in the Encyclopedia Judaica sent by Tom Venetianer from Brasil.TOLERANZPATENT, edict of tolerance issued by Emperor Joseph II on Jan.2,1782 for Vienna and Lower Austria (and subsequently for other provinces of the empire). It was one of a series of patents granted to the major,non-Catholic denominations of Austria, guaranteeing existing rights and obligations and laying down additional ones.
The final version was less liberal than Joseph II's original drafts. The Toleranzpatent confirmed existing restrictions against any increase in the number of tolerated Jews; however, they were encouraged to engage in large-scale business, to set up factories, and to learn trades (although becoming a master craftsman remained prohibited); to establish schools and attend universities. Upperclass Jews were encouraged to integrate socially.
The concluding article exhorted the Jews to be thankful and not to misuse their privileges, particularly not to offend christianity in public, an offense which would result in expulsion. At the same time insult or violence done to a Jew would be punished.
With its leitmotif of making the Jews useful to society and the state through education and the abolishment of economic restrictions, the Toleranzpatent influenced much contemporary legislation in Germany.
Although welcomed by N. H. Wessely and other luminaries of the Haskalah, it was viewed with misgiving in conservative Jewish circles, in particular by Ezekiel Landau, who characterized it as a gezerah ("a disaster"); he was especially troubled by the order that within two years no document in Hebrew would be legally valid. Even Moses Mendelssohn expressed misgivings over the new type of Christian enticement. Nonetheless, the edict was a significant milestone on the road to full emancipation.
Bibliography: P. P. Bernard, in: Austrian History Yearbook, 4-5 (1968-69), 101-19 EMANCIPATION IN AUSTRIA AND HUNGARY. The first period of emancipation in Austria made no change in the status of the Jews. But on the basis of the general constitution of the empire (March 4, 1849), which contained an article on "civic and political rights" being "not dependent on religion," all restrictions on Jews were abolished. With the abrogation of this constitution on Dec. 31, 1851, however, the ancient disabilities were renewed in aspects of life ranging from the acquisition of real estate (Oct. 20, 1853) to the employment of mate and female Christian domestics. It was only during the 1860s that emancipatory laws were reinstituted.
On Dec. 21, 1867, emancipation was achieved in Austria with the promulgation of the new fundamental laws in which article 14 assured "complete freedom of religion and conscience for all" and that "the benefits derived from civic and political rights were not dependent on faith and religion. "In any event," the article continued, "religious faith should not collide with the fulfilment of civic obligations."
In Hungary the townspeople tended to oppose granting rights to the Jews, whose numbers were constantly increasing. However, the lower aristocracy, whose economic progress was connected with the commercial activity of the Jews, and who were generally the standard-bearers of national liberalism, actively supported the Jews. As a result of their influence the demand "to give to the Jews all those rights from which the on-aristocratic population benefits" was included in the instructions of the provincial assemblies to their delegates in parliament, These instructions resulted in the law making the Jewish religion a "government recognized religion,"abolishing the "tolerance-tax," and declaring "the Jews equal in their civic rights to the other citizens who were not of the nobility." Therefore, public and government offices, including positions in the war ministry, which were not reserved for the nobility, could be occupied by Jews (1840). The Upper House however did not ratify the law, and the king would not even agree to the abolition of the "tolerance-tax."
The Austrian government consented only to the extension of the right of residence to the Jews. Magyarization was made a prerequisite for Hungarian Jewry before it could achieve emancipation. The Jews have "to speak the language of Hungary and to sing its songs" so as "to cleave to the fatherland, which we have acquired for ourselves." But Orthodoxy, in the words of a Moses Sofer, claimed that emancipation "having III the same rights as the other inhabitants of our country -- proves that it is the Will of God to maintain His people in the Exile for a prolonged period, therefore the Jews should be roused to ask for mercy and pray for Redemption.
The assimilationists and reformers claimed that declarations of the Orthodox had "strengthened the opponents of equality," and had caused the Upper House in 1844 to deny even the abolition of the "tolerance-tax" (abolished two years later by the Austrian government, after exacting "compensation" from the Jews for losses anticipated as a result of the abolition), Direct negotiations conducted by the Jews with the Austrian government, without taking into consideration the national rule in Hungary, angered the Hungarian nationalists and brought about a deterioration in their relations with the Jews.
During the first days of the Revolution in 1848, the Hungarian Parliament deliberated on the issue of equality for the Jews. Even the Liberals, who in principle demanded it, were mostly of the opinion that such equality must be gradual and conditional to preliminary "reform" of the Jews. The Parliamentary Assembly, on March 14, 1848, decided to grant to the Jews the right to vote, but had to rescind this decision because of demonstrations and riots against Jews in several Hungarian towns (in most cases in connection with the admission of the Jews into the National Guard)[***].
The riots were not suppressed by the government, which even exerted pressure on the Jews to relinquish their rights "of their own free will."
The patriotic activity, however, of many Jews during Hungary's war of independence created a bond between the Hungarian national cause and the Jews, strengthened by severe fines imposed on the Jewish communities by the victorious Austrians. On July 28, 1849, the government presented a motion to the Founding Assembly in Szegedin (Szeged) stating that "every believer in the Mosaic faith born on the soil of Hungary, or who has settled on it legally, shall benefit from all those civic and political rights which the believers of other religions enjoy."
This emancipation turned out to be only a gesture, because the rule of the Hungarian government was rapidly disintegrating. Jewish emancipation was to become, legal only with the establishment of Austria-Hungary as a dual monarchy. The two Hungarian houses of parliament, on Dec, 20/27, 1867, declared one of the fundamental laws of Hungary to be that "the Israelite inhabitants are equal to the Christian inhabitants in their civic and political rights" (art. 1) and that "all the laws, usages, and decrees which are in contradiction with these are hereby abrogated" (art. 2)
Bibliography: N. Katzburg, in: Antishemiyyut be-Hungaryah 1867-1914, (1969)
[***] NB from me: being a "Hungarian Jew"? Well all these laws of emancipation were abolished after WWI.Hungary was also one of the first countries to implement "numerus clausus". That much for the Magyar tolerance of Jews!!!
Document No. 3
Original Name Change Document issued in Hungary on 26.9.1787
Sent by Henry Wellisch from Toronto, Canada
|Surname||First Name||Date of Death|
|BERLIENER||Panna Breindl bas Slomo||13 elul 5693|
|EISENBERG||Reizel bas Jaakov Josef Zena Meir||6 nisan 5692|
|GOLDSTEIN||R'Avruhom||28 svat 5678|
|GOLDSTEIN||Jehosua Smuel R'Aser Jehuda ben Ri||16 sivan 5664|
|GOLDSTEIN||Jicchok ben R' Aser Jehuda||4 sivan 5779|
|GOLDSTEIN||M' Jechuel ben M' Jochanan||8 ijar 5679|
|GOLDSTEIN||M'Avruhom ben M' Jochanan||????|
|GOLDSTEIN||R'Jehuda Ariel bn R'Jicchok Eizik||3chesvn 5698|
|GOLDSTEIN||Feige Cvetl bas Jesiahu Zena Aser Ari||????|
|GOLDSTEIN||Jicchok B' Jesiahu||2 ros chodes 5698|
|GOLDSTEIN||Avruhom ben Mose||9 adar 5690|
|HUBSCHMANN||R'Zeev ben R'Alex Zuse||19 chesvan 5696|
|HUBSCHMANN||R'Chaim ben R' Avruhom aba Greimann B R'Avruhom||4 svat 5696|
|HUBSCHMANN||Jicchik ben R' Cvi Nebel||12 av 5696|
|LUSTBADER||Mine bas Slomo Zena Cvi||ros chodes tamuz 5681|
|RITTER||Pinchus ben R' Chaim Josef||21 tamuz 5686|
|SCHONFELD||M'Pinchus ben M' Jisruel||4 av 5684|
|SCHONFELD||Reizel bas Jisruel||12 tevet 5701|
|SCHONFELD||Perl bas Pinhas Zena||10 adar bejs 5595|
|SCHONFELD||Chlapec ben Pinches||6 tamuz 5685|
|WOHL||R' Eliezer ben Cvi||9 chesvan 5679|
|WOHL||Baruch DrJechuelben R'Mordechaj||28 tevet 5696|
|WOHL||Ruchel Bile bas Naftali Jesiahu Zena Nachman||13 elul 5679|
|WOHL||Jisruel ben Smuel||20 adar 5701|
|WOHL||Hendel bas Mose Zena||26 av 5700|
|WOHL||Rivke bas Avruhom Zena Cvi||25 adar bejs 5687|
|WOHL||Cvi ben Eliezer||4 nisan 5682|
|Surname||First name||Maiden name||Birth date||Death date|