History of the Jews in America: From the Period of the Discovery of the New World to the Present TimeWiernik, Peter
History
History of the Jews in America: From the Period of the Discovery of the New World to the Present Time
Wiernik, Peter
Jews -- America -- History; Jews -- United States -- History
The provision in Article VI of the Constitution of the United States
(§3) that “no religious test shall ever be required as a qualification
to any office or public trust under the United States” settled the
matter only as far as the National Government was concerned. Each
of the independent and sovereign States could solve this problem in
its own way, though most of them have already adopted full religious
freedom. But it must be remembered that the basic institutions of the
States were not directly changed by the Revolution, and in some of
them they were not changed at all. In some instances Royal Charters
remained, with some alterations, as State Constitutions; English common
law remained in force even to this day, unless otherwise provided for
by special enactment. The colonies were too free originally to require
or desire a sudden radical change when they threw off the British yoke.
They kept on progressing by the slow process of evolution, but not at
an equal pace, each emphasizing the questions in which its inhabitants
were mostly interested. Uniform or simultaneous action was not to be
expected under such conditions.
Virginia, the State of Washington and of Jefferson, the “mother of
presidents” and the home of the framers of the National Constitution,
began to consider the question of religious liberty seriously soon
after peace was declared. It was not a new question even then, for
as early as 1776, when a new Constitution for the Commonwealth was
drafted, there occurred a significant discussion about the difference
between toleration and rights. The Declaration of Rights, reported by
a committee of which Colonel Mason was chairman, contained a provision
relative to religious liberty whose authorship is attributed to Patrick
Henry (1736–99). It provided that all men should enjoy the fullest
toleration in the exercise of religion. Madison strongly opposed the
use of the word toleration, which recognized liberty of worship not
as a right but as a favor granted to dissenting denominations. At
his instance the provision was amended to read: “All men are equally
entitled to the free exercise of religion, according to the dictates
of conscience.”
Public-domain text, read in full here on John Shaqi.
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