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
This article was doubtless aimed primarily at Roman Catholics: but
the prohibition being a sweeping one, it necessarily included Jews,
Quakers, Mohamedans, Deists, etc. While there was some opposition
to the adoption of this section, it seems to have expressed the
predominating opinion of the State on that point, for, as it was
noted above (page 86), the delegates of North Carolina voted at the
Federal Constitutional Convention of 1787 against the clause abolishing
religious tests. The entire question was again discussed at the State
Convention which was called in 1788 to ratify the Constitution of the
United States, and the narrower view prevailed. The Convention resolved
neither to ratify nor reject the Constitution, but that a Declaration
of rights be laid before Congress and twenty-six amendments proposed.
North Carolina was therefore unrepresented in the extra session of the
first Congress which adopted the first amendment, “That Congress shall
make no laws respecting the establishment of religion or prohibiting
the free exercise thereof.” This amendment was partly a concession
to that State, implying a guaranty that even should a Papist or a
Mohamedan be elected President, he should not be able to force his
religion on those unwilling to accept it. After its adoption, North
Carolina adopted the Constitution, in November, 1789.
Despite all this prejudice, section 32 of the State Constitution soon
came to be regarded a dead letter. As a matter of fact, a Catholic was
elected Governor in 1781. It was not until 1809 that the whole subject
again came prominently to the front in the case of Jacob Henry, a Jew,
who was elected a member of the Legislature for Carteret County. He had
served throughout the year 1808 and had apparently been re-elected for
1809, and then a fellow member asked to have his seat declared vacant
on account of his faith.
Henry delivered a notable address in the Assembly in defense of his
rights to his seat. It made a strong impression at that time, and was
later republished as an example of fine composition in a work known
as the _American Orator_.[23] He was permitted to retain his seat, but
the principle at issue was rather avoided than settled. It was decided
that the article prohibiting non-Protestants from holding office in any
civil department of the State did not exclude such persons from serving
in the Legislature, because the legislative office was above all civil
offices. The view was more pointedly defined by saying that Catholics
and Jews could make the laws, but could neither execute nor interpret
them. Actually, however, both executive and judicial offices were held
by non-Protestants, before and after that incident.
Public-domain text, read in full here on John Shaqi.
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