Part 10

Now, if the illustrations I gave make people draw the inference that a multitude can be only temporarily attracted to centers of faith, of business, or of amusement, the reply to their objection is simple. Whereas one of these objects by itself would certainly only attract the masses, all these centers of attraction combined would be calculated permanently to hold and satisfy them. For all these centers together form a single, great, long-sought object, which our people has always longed to attain, for which it has kept itself alive, for which it has been kept alive by external pressure--a free home! When the movement commences, we shall draw some men after us and let others follow; others again will be swept into the current, and the last will be thrust after us.

These last hesitating settlers will be the worst off, both here and there.

But the first, who go over with faith, enthusiasm, and courage will have the best positions.

OUR HUMAN MATERIAL

There are more mistaken notions abroad concerning Jews than concerning any other people. And we have become so depressed and discouraged by our historic sufferings that we ourselves repeat and believe these mistakes. One of these is that we have an immoderate love of business. Now it is well known that wherever we are permitted to take part in the rising of classes, we give up our business as soon as possible. The great majority of Jewish business men give their sons a superior education. Hence, the so-called "Judaizing" of all intellectual professions. But even in economically feebler grades of society, our love of trade is not so predominant as is generally supposed. In the Eastern countries of Europe there are great numbers of Jews who are not traders, and who are not afraid of hard work either. The Society of Jews will be in a position to prepare scientifically accurate statistics of our human forces. The new tasks and prospects that await our people in the new country will satisfy our present handicraftsmen, and will transform many present small traders into manual workers.

A peddler who travels about the country with a heavy pack on his back is not so contented as his persecutors imagine. The seven-hour day will convert all of his kind into workmen. They are good, misunderstood people, who now suffer perhaps more severely than any others. The Society of Jews will, moreover, busy itself from the outset with their training as artisans. Their love of gain will be encouraged in a healthy manner. Jews are of a thrifty and adaptable disposition, and are qualified for any means of earning a living, and it will therefore suffice to make small trading unremunerative, to cause even present peddlers to give it up altogether. This could be brought about, for example, by encouraging large department stores which provide all necessaries of life. These general stores are already crushing small trading in large cities. In a land of new civilization they will absolutely prevent its existence. The establishment of these stores is further advantageous, because it makes the country immediately habitable for people who require more refined necessaries of life.

HABITS

Is a reference to the little habits and comforts of the ordinary man in keeping with the serious nature of this pamphlet?

I think it is in keeping, and, moreover, very important. For these little habits are the thousand and one fine delicate threads which together go to make up an unbreakable rope.

Here certain limited notions must be set aside. Whoever has seen anything of the world knows that just these little daily customs can easily be transplanted everywhere. The technical contrivances of our day, which this scheme intends to employ in the service of humanity, have heretofore been principally used for our little habits. There are English hotels in Egypt and on the mountain-crest in Switzerland, Vienna cafes in South Africa, French theatres in Russia, German operas in America, and best Bavarian beer in Paris.

When we journey out of Egypt again we shall not leave the fleshpots behind.

Every man will find his customs again in the local groups, but they will be better, more beautiful, and more agreeable than before.

_V. Society of Jews and Jewish State_

NEGOTIORUM GESTIO

This pamphlet is not intended for lawyers. I can therefore touch only cursorily, as on so many other things, upon my theory of the legal basis of a State.

I must, nevertheless, lay some stress on my new theory, which could be maintained, I believe, even in discussion with men well versed in jurisprudence.

According to Rousseau's now antiquated view, a State is formed by a social contract. Rousseau held that: "The conditions of this contract are so precisely defined by the nature of the agreement that the slightest alteration would make them null and void. The consequence is that, even where they are not expressly stated, they are everywhere identical, and everywhere tacitly accepted and recognized," etc.

A logical and historic refutation of Rousseau's theory was never, nor is now, difficult, however terrible and far-reaching its effects may have been. The question whether a social contract with "conditions not expressly stated, yet unalterable," existed before the framing of a constitution, is of no practical interest to States under modern forms of government. The legal relationship between government and citizen is in any case clearly established now.

But previous to the framing of a constitution, and during the creation of a new State, these principles assume great practical importance. We know and see for ourselves that States still continue to be created. Colonies secede from the mother country. Vassals fall away from their suzerain; newly opened territories are immediately formed into free States. It is true that the Jewish State is conceived as a peculiarly modern structure on unspecified territory. But a State is formed, not by pieces of land, but rather by a number of men united under sovereign rule.

The people is the subjective, land the objective foundation of a State, and the subjective basis is the more important of the two. One sovereignty, for example, which has no objective basis at all, is perhaps the most respected one in the world. I refer to the sovereignty of the Pope.

The theory of rationality is the one at present accepted in political science. This theory suffices to justify the creation of a State, and cannot be historically refuted in the same way as the theory of a contract. Insofar as I am concerned only with the creation of a Jewish State, I am well within the limits of the theory of rationality. But when I touch upon the legal basis of the State, I have exceeded them. The theories of a divine institution, or of superior power, or of a contract, and the patriarchal and patrimonial theories do not accord with modern views. The legal basis of a State is sought either too much within men (patriarchal theory, and theories of superior force and contract), or too far above them (divine institution), or too far below them (objective patrimonial theory). The theory of rationality leaves this question conveniently and carefully unanswered. But a question which has seriously occupied doctors of jurisprudence in every age cannot be an absolutely idle one. As a matter of fact, a mixture of human and superhuman goes to the making of a State. Some legal basis is indispensable to explain the somewhat oppressive relationship in which subjects occasionally stand to rulers. I believe it is to be found in the _negotiorum gestio_, wherein the body of citizens represents the _dominus negotiorum_, and the government represents the _gestor_.

The Romans, with their marvellous sense of justice, produced that noble masterpiece, the _negotiorum gestio_. When the property of an oppressed person is in danger, any man may step forward to save it. This man is the _gestor_, the director of affairs not strictly his own. He has received no warrant--that is, no human warrant; higher obligations authorize him to act. The higher obligations may be formulated in different ways for the State, and so as to respond to individual degrees of culture attained by a growing general power of comprehension. The _gestio_ is intended to work for the good of the _dominus_--the people, to whom the _gestor_ himself belongs.

The _gestor_ administers property of which he is joint-owner. His joint proprietorship teaches him what urgency would warrant his intervention, and would demand his leadership in peace or war; but under no circumstances is his authority valid _qua_ joint proprietorship. The consent of the numerous joint-owners is even under most favorable conditions a matter of conjecture.

A State is created by a nation's struggle for existence. In any such struggle it is impossible to obtain proper authority in circumstantial fashion beforehand. In fact, any previous attempt to obtain a regular decision from the majority would probably ruin the undertaking from the outset. For internal schisms would make the people defenceless against external dangers. We cannot all be of one mind; the _gestor_ will therefore simply take the leadership into his hands and march in the van.

The action of the _gestor_ of the State is sufficiently warranted if the common cause is in danger, and the _dominus_ is prevented, either by want of will or by some other reason, from helping itself.

But the _gestor_ becomes similar to the _dominus_ by his intervention, and is bound by the agreement _quasi ex contractu_. This is the legal relationship existing before, or, more correctly, created simultaneously with the State.

The _gestor_ thus becomes answerable for every form of negligence, even for the failure of business undertakings, and the neglect of such affairs as are intimately connected with them, etc. I shall not further enlarge on the _negotiorum gestio_, but rather leave it to the State, else it would take us too far from the main subject. One remark only: "Business management, if it is approved by the owner, is just as effectual as if it had originally been carried on by his authority."

And how does all this affect our case?

The Jewish people are at present prevented by the Diaspora from conducting their political affairs themselves. Besides, they are in a condition of more or less severe distress in many parts of the world. They need, above all things a _gestor_. This _gestor_ cannot, of course, be a single individual. Such a one would either make himself ridiculous, or--seeing that he would appear to be working for his own interests--contemptible.

The _gestor_ of the Jews must therefore be a body corporate.

And that is the Society of Jews.

THE GESTOR OF THE JEWS

This organ of the national movement, the nature and functions of which we are at last dealing with, will, in fact, be created before everything else. Its formation is perfectly simple. It will take shape among those energetic Jews to whom I imparted my scheme in London.[B]

The Society will have scientific and political tasks, for the founding of a Jewish State, as I conceive it, presupposes the application of scientific methods. We cannot journey out of Egypt today in the primitive fashion of ancient times. We shall previously obtain an accurate account of our number and strength. The undertaking of that great and ancient _gestor_ of the Jews in primitive days bears much the same relation to ours that some wonderful melody bears to a modern opera. We are playing the same melody with many more violins, flutes, harps, violoncellos, and bass viols; with electric light, decorations, choirs, beautiful costumes, and with the first singers of their day.

This pamphlet is intended to open a general discussion on the Jewish Question. Friends and foes will take part in it; but it will no longer, I hope, take the form of violent abuse or of sentimental vindication, but of a debate, practical, large, earnest, and political.

The Society of Jews will gather all available declarations of statesmen, parliaments, Jewish communities, societies, whether expressed in speeches or writings, in meetings, newspapers or books.

Thus the Society will find out for the first time whether the Jews really wish to go to the Promised Land, and whether they must go there. Every Jewish community in the world will send contributions to the Society towards a comprehensive collection of Jewish statistics.

Further tasks, such as investigation by experts of the new country and its natural resources, the uniform planning of migration and settlement, preliminary work for legislation and administration, etc., must be rationally evolved out of the original scheme.

Externally, the Society will attempt, as I explained before in the general part, to be acknowledged as a State-forming power. The free assent of many Jews will confer on it the requisite authority in its relations with Governments.

Internally, that is to say, in its relation with the Jewish people, the Society will create all the first indispensable institutions; it will be the nucleus out of which the public institutions of the Jewish State will later on be developed.

Our first object is, as I said before, supremacy, assured to us by international law, over a portion of the globe sufficiently large to satisfy our just requirements.

What is the next step?

THE OCCUPATION OF THE LAND

When nations wandered in historic times, they let chance carry them, draw them, fling them hither and thither, and like swarms of locusts they settled down indifferently anywhere. For in historic times the earth was not known to man. But this modern Jewish migration must proceed in accordance with scientific principles.

Not more than forty years ago gold-digging was carried on in an extraordinarily primitive fashion. What adventurous days were those in California! A report brought desperados together from every quarter of the earth; they stole pieces of land, robbed each other of gold, and finally gambled it away, as robbers do.

But today! What is gold-digging like in the Transvaal today? Adventurous vagabonds are not there; sedate geologists and engineers alone are on the spot to regulate its gold industry, and to employ ingenious machinery in separating the ore from surrounding rock. Little is left to chance now.

Thus we must investigate and take possession of the new Jewish country by means of every modern expedient.

As soon as we have secured the land, we shall send over a ship, having on board the representatives of the Society, of the Company, and of the local groups, who will enter into possession at once.

These men will have three tasks to perform: (1) An accurate, scientific investigation of all natural resources of the country; (2) the organization of a strictly centralized administration; (3) the distribution of land. These tasks intersect one another, and will all be carried out in conformity with the now familiar object in view.

One thing remains to be explained--namely, how the occupation of land according to local groups is to take place.

In America the occupation of newly opened territory is set about in naive fashion. The settlers assemble on the frontier, and at the appointed time make a simultaneous and violent rush for their portions.

We shall not proceed thus to the new land of the Jews. The lots in provinces and towns will be sold by auction, and paid for, not in money, but in work. The general plan will have settled on streets, bridges, waterworks, etc., necessary for traffic. These will be united into provinces. Within these provinces sites for towns will be similarly sold by auction. The local groups will pledge themselves to carry the business property through, and will cover the cost by means of self-imposed assessments. The Society will be in a position to judge whether the local groups are not venturing on sacrifices too great for their means. The large communities will receive large sites for their activity. Great sacrifices will thus be rewarded by the establishment of universities, technical schools, academies, research institutes, etc., and these Government institutes, which do not have to be concentrated in the capital, will be distributed over the country.

The personal interest of the buyers, and, if necessary, the local assessment, will guarantee the proper working of what has been taken over. In the same way, as we cannot, and indeed do not wish to obliterate distinctions between single individuals, so the differences between local groups will also continue. Everything will shape itself quite naturally. All acquired rights will be protected, and every new development will be given sufficient scope.

Our people will be made thoroughly acquainted with all these matters.

We shall not take others unawares or mislead them, any more than we shall deceive ourselves.

Everything must be systematically settled beforehand. I merely indicate this scheme: our keenest thinkers will combine in elaborating it. Every social and technical achievement of our age and of the more advanced age which will be reached before the slow execution of my plan is accomplished must be employed for this object. Every valuable invention which exists now, or lies in the future, must be used. By these means a country can be occupied and a State founded in a manner as yet unknown to history, and with possibilities of success such, as never occurred before.

CONSTITUTION

One of the great commissions which the Society will have to appoint will be the council of State jurists. These must formulate the best, that is, the best modern constitution possible. I believe that a good constitution should be of moderately elastic nature. In another work I have explained in detail what forms of government I hold to be the best. I think a democratic monarchy and an aristocratic republic are the finest forms of a State, because in them the form of State and the principle of government are opposed to each other, and thus preserve a true balance of power. I am a staunch supporter of monarchial institutions, because these allow of a continuous policy, and represent the interests of a historically famous family born and educated to rule, whose desires are bound up with the preservation of the State. But our history has been too long interrupted for us to attempt direct continuity of ancient constitutional forms, without exposing ourselves to the charge of absurdity.

A democracy without a sovereign's useful counterpoise is extreme in appreciation and condemnation, tends to idle discussion in Parliaments, and produces that objectionable class of men--professional politicians. Nations are also really not fit for unlimited democracy at present, and will become less and less fitted for it in the future. For a pure democracy presupposes a predominance of simple customs, and our customs become daily more complex with the growth of commerce and increase of culture. "_Le ressort d'une democratic est la vertu_," said wise Montesquieu. And where is this virtue, that is to say, this political virtue, to be met with? I do not believe in our political virtue; first, because we are no better than the rest of modern humanity; and, secondly, because freedom will make us show our fighting qualities at first. I also hold a settling of questions by the referendum to be an unsatisfactory procedure, because there are no simple political questions which can be answered merely by Yes and No. The masses are also more prone even than Parliaments to be led away by heterodox opinions, and to be swayed by vigorous ranting. It is impossible to formulate a wise internal or external policy in a popular assembly.

Politics must take shape in the upper strata and work downwards. But no member of the Jewish State will be oppressed, every man will be able and will wish to rise in it. Thus a great upward tendency will pass through our people; every individual by trying to raise himself, raising also the whole body of citizens. The ascent will take a normal form, useful to the State and serviceable to the National Idea.

Hence I incline to an aristocratic republic. This would satisfy the ambitious spirit in our people, which has now degenerated into petty vanity. Many of the institutions of Venice pass through my mind; but all that which caused the ruin of Venice must be carefully avoided. We shall learn from the historic mistakes of others, in the same way as we learn from our own; for we are a modern nation, and wish to be the most modern in the world. Our people, who are receiving the new country from the Society, will also thankfully accept the new constitution it offers them. Should any opposition manifest itself, the Society will suppress it. The Society cannot permit the exercise of its functions to be interpreted by short-sighted or ill-disposed individuals.

LANGUAGE

It might be suggested that our want of a common current language would present difficulties. We cannot converse with one another in Hebrew. Who amongst us has a sufficient acquaintance with Hebrew to ask for a railway ticket in that language? Such a thing cannot be done. Yet the difficulty is very easily circumvented. Every man can preserve the language in which his thoughts are at home. Switzerland affords a conclusive proof of the possibility of a federation of tongues. We shall remain in the new country what we now are here, and we shall never cease to cherish with sadness the memory of the native land out of which we have been driven.

We shall give up using those miserable stunted jargons, those Ghetto languages which we still employ, for these were the stealthy tongues of prisoners. Our national teachers will give due attention to this matter; and the language which proves itself to be of greatest utility for general intercourse will be adopted without compulsion as our national tongue. Our community of race is peculiar and unique, for we are bound together only by the faith of our fathers.

THEOCRACY

Shall we end by having a theocracy? No, indeed. Faith unites us, knowledge gives us freedom. We shall therefore prevent any theocratic tendencies from coming to the fore on the part of our priesthood. We shall keep our priests within the confines of their temples in the same way as we shall keep our professional army within the confines of their barracks. Army and priesthood shall receive honors high as their valuable functions deserve. But they must not interfere in the administration of the State which confers distinction upon them, else they will conjure up difficulties without and within.

Every man will be as free and undisturbed in his faith or his disbelief as he is in his nationality. And if it should occur that men of other creeds and different nationalities come to live amongst us, we should accord them honorable protection and equality before the law. We have learnt toleration in Europe. This is not sarcastically said; for the Anti-Semitism of today could only in a very few places be taken for old religious intolerance. It is for the most part a movement among civilized nations by which they try to chase away the spectres of their own past.

LAWS

When the idea of a State begins to approach realization, the Society of Jews will appoint a council of jurists to do the preparatory work of legislation. During the transition period these must act on the principle that every emigrant Jew is to be judged according to the laws of the country which he has left. But they must try to bring about a unification of these various laws to form a modern system of legislation based on the best portions of previous systems. This might become a typical codification, embodying all the just social claims of the present day.

THE ARMY

The Jewish State is conceived as a neutral one. It will therefore require only a professional army, equipped, of course, with every requisite of modern warfare, to preserve order internally and externally.

THE FLAG

We have no flag, and we need one. If we desire to lead many men, we must raise a symbol above their heads.