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
7 ‒ Judge Daly himself, however, sees no ground for inferring
that the decision proceeded from aversion. He thinks it
was simply a question of law. The law of New York colony
was especially modeled upon that of the mother country.
New York was a conquered province, and when it was taken
from the Dutch, the English mode of procedure in all
matters of law and government was introduced bodily; and
from this circumstance English forms, precedents and modes
of proceeding came into use to an extent that did not
prevail in other colonies where the people themselves
had been left to originate and frame such a system of
government and laws as was suggested by their wants
and most conducive to their interests. The Legislative
Assembly was therefore simply declaring the law as it
existed in England at that time. (l. c.)
8 ‒ Oscar S. Straus, “The Origin of the Republican Form of
Government in the United States,” p. 48.
9 ‒ See Oppenheim, “The Jews and Masonry,” in “Publications”
XIX, pp. 9 ff., for an interesting treatment of the
discussion about the authenticity of this statement.
10 ‒ For a list of their names see “Publications” XVII,
pp. 168–69.
11 ‒ Lecky, _Rationalism in Europe_, vol. II, 168, quoted in
Straus, _Origin of Republican Form of Government in the
United States_, pp. 19 _ff._, which see for an extensive
treatment of this subject.
12 ‒ Another great American clergyman, Dr. Henry M. Field
(1822–1907), who wrote about a century later, also found
in the Jewish polity much that was later adopted in the
Constitution of the United States. In his work _On the
Desert_ (New York, 1883), he says: “Perhaps it does not
often occur to readers of the Old Testament that there is
much likeness between the Hebrew Commonwealth and the
American Republic.... At the bottom there is one radical
principle that divides a republic from a monarchy or an
aristocracy; it is the natural equality of men――that “all
men are born free and equal”――which is fully recognized in
the laws of Moses as in the Declaration of Independence.
Indeed, the principle is carried further in the Hebrew
Commonwealth than in ours; for not only was there equality
before the laws, but the laws aimed to produce equality of
condition in one point, and that a vital one――the tenure
of land, of which even the poorest could not be deprived,
so that in this respect the Hebrew Commonwealth approached
more nearly to a pure democracy.” See a more extensive
quotation in Simon Wolf’s _The American Jew as Patriot,
Soldier and Citizen_, pp. 494–98.
13 ‒ A drawing of this design is printed as the frontispiece of
Mr. Straus’s above-named work.
Public-domain text, read in full here on John Shaqi.
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