1883's Josef (Marc Rissmann), the leader of the German and Romani settlers in the caravan, claims that it was illegal to swim where they came from.
Warning: the following contains SPOILERS for 1883.
1883 is filled with all sorts of historical facts about the late 19th century—including the fact that it was apparently illegal to swim in Germany at the time. This spelled trouble for the caravan of German, Romani, and American settlers being led by Shea Brennan (Sam Elliot), Thomas (LaMonica Garrett), and James Dutton (Tim McGraw) across the Wild West. During the first half of 1883 season 1, various members of the caravan had already died because of bandit attacks, rattlesnake bites, smallpox and cholera, and many of the other dangers that seem to be ever-present in the frontier. In 1883 season 1, episode 3 “The Crossing,” as the caravan prepares to cross the dangerous Brazos River, the laws that prevented the German settlers from learning to swim back home now threaten their survival.
As the leader of the German settlers Josef (Marc Rissmann) explains, not only was it illegal to swim, the bodies of those who drowned were even whipped before they were buried, as punishment for getting in the river in the first place. The caravan leaders manage to find a relatively shallow part of the Brazos River for the intended crossing. James and Margaret Dutton (Faith Hill) make their way across the river earlier than the rest of the group, not just to secure their own family, but also to be able to provide a safety rope for the others. Despite this, as 1883 is based on the true stories of pioneers in the late 19th century, many of the immigrants drown in the Brazos River because they don't know how to swim.
1883's depiction of the plight of German immigrants is based on historical facts–but not from the 19th century. While the Scandinavian and Germanic people developed swimming skills throughout the centuries, the frequency of accidental drownings prompted German schools and universities to impose a total ban on the activity. Situated on the Danube river, the university town of Ingolstadt punished drowned offenders by whipping their bodies before burial. However, this started in the 1530s, and in the centuries that followed, German attitudes towards swimming became more amiable. There were even instructional books about swimming that were released in the 17th century, not just in Germany but across Europe. This means that Josef's claim that it was illegal to swim where they came from is another one of 1883's history errors. Although some European governments still frowned upon swimming during the late 19th century, by that time, the laws against the activity had long been overhauled.
On the other hand, it could be that Josef was simply trying to earn sympathy for himself and his fellow immigrants. Throughout nearly every step of the journey, Josef and the German immigrants have been nothing but trouble for Shea, who's never shy about expressing his disappointment for those who have no business being in the frontier. Knowing that American cowboys would know nothing about local European laws and customs, Josef's claims about the German swimming ban could've been a subtle request of better treatment from Shea, or even a request for the caravan leaders to find a shallower place to cross.
1883 dives deeply into the lives of the pioneers who braved the American frontier in the late 19th century. Most pioneers had no clear route or plan because information about the frontier was highly limited at the time, which meant that they mostly relied on improvisation. Josef could have been doing the same when he claimed that the German immigrants couldn't swim because of their government's laws, and, to be fair, Shea nor any of the other caravan leaders didn't press the matter any further.
More: 1883: Why James Has No Problem With Elsa Wearing Pants
