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(Continued
from p. 55.)
The
early Israelitish settlers in America, we refer to those chiefly in New
York, Newport, Charleston, and Savannah, were conforming to the Portuguese
ritual, the very Minhag Sephardim of which Judge Butler speaks; and the
German Jews, or those acquainted with the Minhag Ashkenaz, who happened to
be among them, likewise conformed to the same standard, for the very good
reason, that, as there is no doctrinal difference between the two classes,
and but a slight variation in their ceremonial observances, owing more to
local causes than a religious difference, and the variation existing in
the prayerbook, the liturgy, not being of that momentous order as to
induce the few Jews then here to establish different congregations: They
could readily harmonize in their public worship, though actually “some
came from Poland, and some from Spain.” The very difficulty of which the
learned judge speaks did occur; and what was the consequence? For more
than a hundred and fifty years, there was but one congregation in New
York; we forget how long the same was the case in Philadelphia, where the
establishment of a congregation was
long posterior to New York; ninety years in Charleston, and in the same
ratio in the few other places where Israelites dwelt in the early period
of this country; and “whilst professing to be governed by the same
rituals, they actually did find themselves fully able to
understand each other in their observance of them.” The manner of
proceeding was probably this, and though we speak from probability only,
we are sure that we do not make a misstatement. The majority, or the most
influential and learned, belonged to the Portuguese ritual, and when the
question arose as to the manner of celebrating the offices of religion,
the liturgy, which is known as that of the Sephardim, was adopted. It must
by no means be inferred that there was any relinquishment of principle in
this union of persons from different countries and of different habits in
regard to public worship; for, as said already, the prayerbooks of both
the main divisions of Israelites, and all minor subdivisions of the
orthodox school, contain all the same material prayers, and are
distinguished only in the poetical pieces of more modern days, though
ancient when compared with protestant Christianity, and the variation in
the phraseology of the other prayers which all have in common. The writer
of this, himself, was educated in his native land, in the custom there
prevailing, to wit, the German; but he never felt it any difficult matter
to harmonize with the worship which he found established in his first
place of sojourn in this country, Richmond; nor did he ever consider it
any violation of conscience to employ the prayer-book of any congregation,
be this the German, Polish, or Portuguese, where he happened to be. It is
truly unfortunate, that, where so little real difference exists, there
should still be established congregations of different denominations; but
this is consonant with human nature, that each person will insist upon
what he is the best acquainted with, without often weighing whether by so
doing he does not actually retard the progress of the cause which he
considers the best. Judaism would truly flourish were our minor
differences lost sight of; but this may not be expected for a long time to
come; hence we must be satisfied to let things take their course, and
endeavour to bend existing circumstances, with Heaven’s blessing, to the
best possible advantage of our cause.
But
we are wandering somewhat from our subject. When, therefore, the Jews of
Charleston, among other congregations, united for the formation of a
Jewish form of worship, they could have legitimately adopted any one of
the customs to which the Israelites usually conform. But, having once made
their selection, they were all bound to abide by their choice, especially,
as they enacted as the fundamental principle ín their constitution,
(which being made under the charter obtained from the legislature of South
Carolina, Judge Butler calls a by-law,) that no change should be made in
that instrument, unless with the concurrence of three-fourths of the
members present at a meeting, and that such meeting should have been
convened for the particular purpose of altering the constitution. We quote
from memory; but we are safe in thinking that we state the case correctly.
There is, accordingly, but one method of revoking the article relating to
public worship, no less than that referring to the mode of electing
officers and members; and if this must be done in the manner pointed out
by the constitution, the other must undergo the same ordeal, or else it
stands unrepealed. To read Judge Butler’s remarks, one would be led to
believe that the constitution of the congregation at Charleston was of so
ancient a date, that the present members could not possibly understand the
forms of their remote ancestors who founded the Synagogue, and that hence
there might possibly be a process of getting rid of them other than the
requirements of the constitution, without conforming to which, otherwise,
no one has a right to say a word in the premises. But really it is
surprising to us, that the highest judicial dignitary of a sovereign and
enlightened state, should talk such nonsense. Before the Judge had
committed himself thus, he ought to have examined, at least, the members
of the congregation, whether or not they understood the “ancient rites
and forms as they were practised by their remote ancestors who founded the
Synagogue,” and whether those ancestors were indeed so remote as to
produce such a lamentable lapse of memory. It may be urged, that the state
of the law-suit did not permit such an examination to be gone into; very
true; but then there was no
warrant either to bring the subject thus prominently forward in the
opinion of the court. This was only to refer to the case as proved, not to
a philosophical notion respecting Judaism, which had not been put on its
trial, however this view might agree with the Judge’s preconceived
opinion. The matter established by evidence was, that four out of seven
trustees had, in the absence of the legal president of their body,
proceeded to elect certain persons as corporators, which persons were then
on trial under the appeal respecting their claimed rights to take part in
the concerns of the corporation. It mattered not to the judges to whom
they appealed, whether they were Jews or Turks, members of a Synagogue or
a society of bankers; in any case, they claimed their right as citizens of
the State of South Carolina, and if the laws were against there, they of
course had to submit; and to this point the opinion of the court shuld
have been confined, since to that only they were permitted to give
evidence before the inferior tribunal, which, the opinion avers, acted
correctly in refusing to hear or read other testimony. But as respects the
truth of the philosophical notion, the court erred amazingly. The origin
of the Synagogue of Charleston is of so recent a date, that the present is
but the third generation from its founders; consequently there can be no
plea of forgetfulness urged as an excuse for abrogating the mode of
worship established about a hundred years ago only; and then we doubt
whether the majority of the Israelites at present in that place are not as
well acquainted with it as were “their remote ancestors;” and hence
there had occurred nothing to make one apply the maxim cessante ratione
cessat ipsa lex; (when the reason ceases, the law itself ceases;) the
reason for maintaining the form of worship under which the predecessors of
the present corporators had united into a congregation yet exists; the
unwillingness of a portion to abide by it is no correct motive for putting
it aside, except by the constitutional method pointed out in the charter
and by-laws; and till this be applied there is no possible way of
rendering it inoperative by the mere will of the minority or even a
majority,—one absolutely less than that pointed out in the articles of
agreement under which the parties to the covenant act as a corporation.
(To
be continued.)
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