USA > South Carolina > Charleston County > Charleston > The Jews of South Carolina; a survey of the records at present existing in Charleston > Part 2
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The communal history of K. K. Beth Elohim of Charleston dates back to 1750, but I am satisfied that several years at least before this date the
Jews of Charleston met regularly for public wor- ship.
In my investigation into the history of this community I was puzzled to know where the old settlers who had died here- and i know of many-were laid to rest. The oldest tombstone we have is that of the Right Rev Moses Cohen, D. D., tho first Chief Rabol of the congregation, in the Coming Street Cemetery, and bears the date 17/2. As. I Just observed, many Jews died here before that time. Where were they interred?
After UNigent inquiry I was told that there was an old burial-ground in Arch- dale street, which tradition said belonged to the Jews. I went on a tour of Inves- tigation to the place indicated and only after several visits din I one day And the large gate open, so that I could goin ac-
cess. I was already enjoying the antici- pated delight of making a find. But, alas, for the vanity of an antiquarian's hopes. The graveyard was full of O'Hooligans, O'Briens, O'Shaughnessys and O'Flynns and I came away convinced that I had made a mistake "When you are investi- gating," I said to myself, 'investigate for yourself and don't beileve all that people tell you, or you will often be fooled." I have several times since experienced the profound truth of this graveyard medita- tion.
I was as far from solving the mystery as I was before, but subsequent reflection made the matter clear to me. I had vis- ited an old plantation not long ago and had noticed a pilot rafied off, which was the family burial -round. 'Might not the Jews likewise have cad theie private burial-grounds in olden times?" I thoughr. I know now that there were several such in Charleston. The Tobias family e. g. buried their dend on their plantation a: Hobcaw, near Mount Pleasant, but this has long since been turned into a ploughed field. Our oldest cemetery a.t. Coming street, we are told in the
originally purchased in 1754 by Isaac Da Costa, "For a private burying-piace for his own family." Then there is the Han- over street ground, which Isaac Da Costa afterwards purchased in place of the former, for the same purpose: This hrines me to the subject of my article,
I was fortunate enough not long ago to find a copy of the old Constituvon of K. K. Beth Elohim of 1820 in New York. There is none here, and as I could not ob- tain the original I had a transcript made of it. It is a most interesting document, and I shall have a good deal to say of it at some future time. Rule IX of that Constitution reads as follows:
"There shall be Che Congregational Burial Ground only, wherein all the de- ceased members of this Congregation shall be interred, provided, that this law shall not extend to any family place of inter- ment already established; namely, that of the Tobias family, in which no other than that family and its nearest relatives may be Interred with the honors of this Con- gregation.
This law considers the Burial Ground, heretofore called the Da Costa's, to be properly belonging to the family of. Isaac Da Costa, sen., deceased, Into which his
near relatives are permitted to be interred and no other person, not even such per- sons as have relations already deposited there; provided nothing in this law shall extend to the exclusion of Mr Emanuel De La Motta, his wife and children." * * *
We know the Da Costa ground, which is still used, but where was the "place of Interment of the Tobias family?" I don't know. The Tobias family doesn't know. The oldest member of K. K. Beth Elohim doesn't know. Here comes the next link in the puzzle.
I was examining an old Charleston di- rectory of a little earlier date than the constitution to which I referred. I was struck by the following items:
HEBREW BURIAL GROUND (PUB- LICO COMING ST.
HEBREW BURIAL GROUND (PRI- VATE) 2. HANOVER ST.
Was this a printer's mistake? Likely enough, seeing that there were many typographical errors in the book Or were there really two burial grounds on Han- over street? Was the other one that of the Tobias family, long forgotten? For some days I was too busy to find out, but the thing worried me and at last I went to look for myself. It was no easy matter to discover what I was looking for, but at last, at the end of a small lot hilden from view from the street, I saw tombstones, and after climbing over a dilapidated brick wall I found myself in reality in an old eighteenth century private Jewish Burial Ground! Here are the inscriptions of the tombstones:
In Memory of-Samuel Levy-of Cam- den-who departed this life-June 20th, 1799-aged 13 years.
In Memory of -- Abraham S. Abraham- son of Samuel Abraham-who departed this life -- on Edisto Island -- September the 26th 1809-aged 20 years one month and 15 days.
To the -- Memory -- of -- Mr Henry Moses- who departed this life on Monday the - 11th February 1814-In the 68th year of his age.
Sacred-to the-Memory-of-Mrs Eliza- beth Moses-who departed this life on the -13th day of January 1819-in the 75th year of her age.
Sacred-to the Memory of-Mrs Miriam Hyams-wife of-Samuel Hyams --- and daughter of-Eleazer and Judith Levy- Born in Charleston So. Ca. in the-year
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1780 and a resident there-until her death on the-1) of January 1821 * * *
In memory of-Eliza Henrietta Levy- the intant daughter of Chapman and Flora Levy-who departed this life-the ith day of March 1:22-aged 1 year and 17 days.
Rosalie Lambert-third daughter of Wil- Ham and Rachel Lambert died 30th Aug. 1835 (child.)
Marion J. Tobias died 19th July
1836 (child.)
Sacred-to the Memory-of-Henry .J Harby Sen .- Born 12th October 1790-died 14th September 1941. (?)
Charles Ferdinand Smith-Son of Thomas and Everieen Smith (infant) d. July 1849.
Henry J. Harby Junr-Born 1543 d. 1852.
Sacred-to the Memory of-My mother- Rebecca Harby-Born 24 Oct 17% -- lied 31st Dec 1834-aged ×7 years 2 months 20 days.
Sacred-to the memory of -- Catherine Frances-wife of C. F. Whippey-dled ith Nov 18,58.
Isaac Tobias-Born Feb 10th 1796-died Jan 23th 1860.
Tobias Harby-born Sept 22nd 1836- died April 1ith 1960.
Sophie Tobias-died Feb 13, 1966 (child.)
Sacred -- to the Memory of-Miss Caro- line D'L. Harby --- Born May 4th 1001-Died Jan 6th 1876.
I thought that I had solved the mystery of the Tobias burial ground, but no one to whom I spoke of the matter could give me any information about it. With the kind assistance of my friend, Mr Henry De Saussure, I searched the title and found that this cemetery was conveyed in 1708 by Betzje Henrickson to Henry Moses. Solomon Moses, Meyer Derkheim, Samuel Hyams, Benjamin Tores and Solomon Harby in trust "as a burying ground and place of interment for the said * * * and their descendants, and also such other person and persons professing Judaism. as the Trustees for the time being or a majority of them shall for that purpose approve of.''
Strange it is, however, that the consti- tution of 120, should not have referred to this ground ard stid stranger in it that none of the old members of Beth Elohim should know anything about a Jewish burial ground that has been used as late ALS 18.5. Barnett A. Elza3.
[Reprinted from The News and Courier.]
CONSTITUTION
BY THE
HEBREW CONGREGATION
KAAL KADOSH
BETH-ELOHIM,
HOUSE OF GOD
- --
(CHARLESTON, (S. C.)
M,DCCCIX.
Reprinted by Dr. Darnett A. Elzas. Rabbi ot K. K. Betkelohim. 1904.
CONSTITUTION
OF THE
HEBREW CONGREGATION
OF
KAAL KADOSH
BETH-ELOHIM,
OR
HOUSE OF GOD.
CHARLESTON, (S. C.)
M.DCCCXX.
Reprinted by Dr. Barnett A. Elzas. Rabbi of K. K. Bethelohim, 1904.
145
PREFACE.
The following Constitution of the Congregation Beil Elohim, dated 120, is a most interesting document to the student of the development of Judaism in America. It gives a very good picture of what Judaism was in America at the time of the birth of the Return ment. It is. I believe, the oldest printed Constipation in America with the exception of one of the Courant- tion Shearith Israel of New York, which is dated i'm. It is reprinted from what is. as far as I have iren gl ... to ascertain, a unique copy. To J. Quintus Cohen Fri. of New York, who owns this copy. my best thanks ar expressed for the transcript, which I have carefully com. pared with the original before reprinting.
BARNETT A. ELZAS,
Charleston. S. C .. January. 1004.
PREAMBLE.
WHEREAS. it becomes no has proper than necessary, that all Inen institutions, and legal provisions for the government of men. when united into societies, should receive such additions, and undergo such altera- tions and naprovement ... as important changes and lal circumstances may require: No less so. though with greater caution. as regards those regulations that ar formel and established for upholling and main- taining the sacred principles of RALPHON !- for pro- moting HARMONY and samal love among the wor- slippers of the Almighty Rudler of the World-ior per- potuating the due exercise of those rites and ceremo- rin- which characterize and will, it is hoped, immortal- ize JUDAISM !!
These having been the solemn convictions of all the Nachidim of Kaal Kadosi Beth-Elohim. they. at a gen- eral preting, constituted twenty-five members. elected from their whole body. to act. cooler certain ravindra- tiens. on their LEGAL REPRESENTATIVES: nul in- tested Them with full authority to frame for this Hebrew congregation. a new Constitution. Proceeding. theretore. under sach authority. this wwwiy, henceforth to be recognized as the only GENERAL ADJUNTA, with due regard to the sacredness of the trust reposed in u -. by our Constituents, convened from time to time, for the purpose of executing the great object contem- jared; and, after innch mature deliberation and dis- mutation agreed to, and adopted the following Laws, as the Constitution. of the Hebrew Congregation of Char- leston South Carolina.
ABRAHAM ALEXANDER. SOLOMON HYAMS. MARKS LAZARUS. LYON MOSES.
EMANUEL DE LA MOTTA, ISALAH MOSES.
MYER MOSES.
JONES COHEN.
SIMION LEVY.
H. M. HURTZ.
JACOB DE LEON,
ISAAC LYONS.
NATHAN HART.
DAVID CARDOZA.
MOSES C. LEVY.
SIMON MAIRS.
PHILIP COHEN.
JJACOB LAZARUS,
AARON MOISE. HYAM HARRIS.
SAMUEL SBDNS. S. M. HART.
LYON LEVY, JOSEPH JOSEPH.
ABRAHAM LIPMAN.
RULE I.
That this congregation be known and continued by the name of Kaal Kadoch Beth Elohim. or House of find: according to the Minhag Sephardim, as heretotore practised in this city.
RULE IL.
The fundamental power of this Congregation shall be rested in a General Adjunta, to consist of twenty-five Yachidim, now in office. or suon as shall be in office, at the adoption of this Constitution, who shall continue for three years; and. together with the Parnassi and the Private adjunta. hereatter named, shall have the sale management of all the fonctions formerly exer- vised by the people at large; and in any meaney shall happen in this way. Le death, resignation, election to Private Adjunta, or any other occurrence. the remain- der of that body, or a quorum, to consist of at least fifteen members shall within ten ders fill up such varaney from among the Yachidim at large. for the un- expired term of such member, who may die, resign, be elected in Private Adjunta, or any other circumstances that may occur to create such vacancy.
RULE III.
On the first Sunday in Ehud. the General Adjunta shall ronvone, and when a quorum. as aforesaid. is present. they shall commence the general election. They shall elect from among themselves. r the Vas hidim at large. seven men- bers for a Private Adjunta, out of which number shall be chosen. by ballot. a Parnass Presidenta. a Parnass Resi- denta. and a Gabor to serve for one year. from the en- suing Rosanna. The Parnass Presidenta to preside for the first six months from his entrance into office and the Parnass Residenta to preside the remaining six months; and if any vacaner shall occur. in consequence of elect- ing persons out of their own body. the same shall be filled up as before directed, or immediately thereafter, if thought expedient.
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And on the first Sunday in Elal. every fourth year the soil federal Adjunta, in conjunction with the Pri- vare lajunta. att p he convened by the Parnass Presidenta, or the wedding officer. as before directed: and when a queram, consisting of at least tourteen members of the Pu'de and four of the Private Adjunta. are present. they shall, previously to going into the Seetion of a Privare Adjunta, oleet from anone their own body. not more thin eighteen persons, or as many as are willing to wand for the next three years, and from among the lethidim at large. seven members. to
rate Alienta. Parnassin and Gabor, for one year: and if any vacancy -hall happen. in consequence of a mail to serve. the spine shall be tilend up
i. " realiately if thought necessary: so that the Benerl Adjunta be at all times in and Poruplete
RULE IV.
All members of the congregation shall be obliged to sulactive at least claves dollars annually.
!!! To seite In the loopogte shall be vacated: and. after being classed and assessed by a committee. shall be sold at public vuction for the benefit of the Congresstion. Sunt wat- shall be held for these years. and the same proceedings for the Ladies Beate, shall be repeated every succeeding there years. Each salecrib- ing menther in this toutregation shall be compiled to pardon a rent for his wife. under the penalty of being Enprivat of his rights and privileges, and when the said sale of tears takes place, the pre-emption money shall then be paid.
The Committee to be appointed for the purpose of classing and assessing the seats, and making urgen- ments for their disposal, shall consist of nine Des na. to wit: two from the Private Adjunta, three from the Public Adjunta, and four from the Yachidim at large; five of whom shall form a quorum.
Any subscriber mas purchase one or more seats: pro- vidal he declares immediately a- they are cried off to hin: the nanie of the person for whom he purchased: which may be permitred, provided the persons to occupy them are his wife, sisters, aunts or other relations, who
--
·ze subscribing members, and those persons residents. ar inzending to become residents of this city. The wives ar detcenters of non-subscribers can not be permitted to have seate purchased for them by any person what-
RULE Y.
The General Adjunta, together with the Paruassim and Private Adianta, shall, from time to time, and ar all times. when necessary. be authorized to elect the Throat. secretary Hfatah- tmn. Haton Butsheth Gator of Kaaren Ravenatt, Parnass of Beth-Mian. the Trustees and every other Tivel requisite in this Congregation, from among their !ale: 17 from among the people generally; but no diver andew eleted from the Private Adjunta. Haztu. Socket, Sharp -- or Secretary, shall be considered as creating a vevaney in the General Adjunta nadler per. with the exception of Hazan, shall naderso an annual election.
RULE VT.
The Parnass Presidente shall have the sole direction in the arnager, during divine service, and all officers under par shall be under his control. He shall provide at all public meeting- texcepting cases of appeal .: He hall inspect the Caboy's accounts. whenever he thinks proper se to do and may order the same to be kid before the Private or Publis Adjunta, as often as infor- mation is required respecting the finances. He shall be authorized to call before the Private Adjunta any person or persons who may misbehave either in Sonmangue. it- enlosme- during divine service, or other legal an -- ions of meeting, and moreover shall make it his indispen- sable duty to support. protect, and defend this Cia-ti- tution, and all any one to account who shall violate the same. Ho -hall be bound to convene the Private Adjunta at least once every month, and call extra meetings whenever necessary for the interest of the Congregation: and he may also, with the consent of the Private Aljunta, convene the General Adjunta as often as may be proper, and expedient for the benefit of this Congregation.
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RULE VII.
The Private and Public Adjunta, at their first meet- ing. shall make a solemn declaration, to be entered on record by the Secretary, that they will in good con- science, adjudge all entes brought before them. without fear, favor or affection: and otherwise will faithfully di-charge the several duties of their station, to the extent of their abilities and best judgment. They shall have the disposal of all went seats in the Synagogue. he empowered to make all by -laws, and alter and amend the same. for the government of allofficers and every other person under the par of the Congregation: and much other byland as may be found necessary. and which being first carried before the General Aljunta. and approved by them, shall be considered of full force and Finding.
The said Private Adianta mar suspend Have Ander pay unul their triti or appeal is finally decided. and asumir ali offenders inclusive or exclusive of the disa- bilities land down in this Constitution. They may. at their discretion. inhict a fine not exceeding rwenty dol- lars.
And. if any new and imforsoen case -hal arise and comme before them, for which this Constitution does not expressly provide. they shall be empowered to investi- gate the same. according to their best judgment and discretion, and if necessary for the good example and advantage of this Congregation. the said Private Al- junta shall place the offenders under disabilities. and inther a fine not exceeding one hundred dollars; and all persona whatsoever coming under the penalty of the laws, shall absolutely be deprived of their honor -. rights and privileyes, m and out of Synagogue, until he. she or they comply with the fine. disability & or other- wise be reconciled to the Congregation. Provided. that no persons shall be deprived of the right or appeal, nor remain under the punishment of the law. until such appeal is decided. All appeals must be marle to the Parnass Presidenta. in writing. within three days; and within eight days, or sonner it convenient to the Par- nass. the General Adjunta shall be convened by him. when the merits of the case shall be investigated; the same shall then he decided. and when so decided, shall
be considered conducive, and tinally binding on all parties.
In all my of appeal from the decision of the Private Adjunto. the General Adjunta, chee constituting a Court .. Apple, shall have power to reject or confirm the de ision of the Private Adjunta, or, if they think m. et Hoy mitigate or increase the punishment by amere. meat; provided in no care. the fine determined on by the Court of Appeals. shall exceed double the amount of the sum inflicted by the Private Adjunta.
RULE VIII.
In person or persons shall be sanctioned to combine for the purpose of erecting any other Synagogue or for uniring in any other unlawful Minyan. within five miles af Char pyron: nor shall any person or persons, under The joi-beton of this Congregation. be permitted, in- der any pretence whatever to aid. join. or assist at any such unlawful Janvan de Combination.
All strangers arriving here, who do not. after the lape a time oflived by the Constitution. become med- of the Congregation. shall be liable to all the penalti -- ind restris ion- that members are subject to, and chal not be admitted members, until such restrictions are re- moved. And if any person under the privdiction of this fungregaton. be guilty of sich an arrocions offenve. as either to be concerned. aid. or assist as aforestill. he -hall. on suficient proof thereof before the Private A4- iuma. forteit all his rights and privileges in this Con- procation. and be subject to a time not exceeding in .. hundred dollars; and such offender or cifeature skal Rever be reinstated into his or their rights and privi- leges, and moreover be deprived the right of burial in- side of the Beth Hiam, until he or they by themselves, "Veentors. or administrators. relation or friend par up and settle the fine that may be indicted. And any person or persons placing themselves into such predica- ment, shall incur the penalty. inasmuch as the same. either in joy or in sorrow. shall extend to the whole family under his or their control and jurisdiction.
RULE IX.
There shall be one Congregational Burial Ground only. wherein all the deceased members of this Congregation
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-well be interred, provided that this law shall not extend to any family place of interment already poral hated: ramely, that of the Tobi's family, in which no other than that Gorily, and its nearest relations may be in- terred with the honors of this Congregation.
Any person or persons persisting to art con Tery. to the intention of this law. shall be deprived the officers of the Congregation: nor shall the Hnzen attend on the uocasion.
This law considers the Burial Ground. heretofore called the Da Costa's, to be properly belovens to the family of Inac Da Costa. sen deceased. iu . : ich his near relations are permitted to be interval cat no other person. not even such persons as bare non we already deposited there: provided nothing in this bir chall es- tend to the exclusion of Mr. Emanuel De Lo Vina. his wife and children. And. any person or persons heving charge of the foregoing Burial Grounds FW .1 per- mit at enfor any person to he wanted. w. I s ieinal- ter or rejected by this Connection, Je che op thet . feeling, shall be enlivet to a fine in a -B : PO than two hundred, and not exceeding fre Winfred del- lars, without the right of any appeal what soever.
RULE X.
All officers under pay of this Congregation, shall receive such compensation as the General Aguanta shall think proper to allow, consistent with the funds and circumstances of the Congregation. The Private Ad. junta shall not make and loan. contract, or inour ex- penses amounting to any sum exceeding one hundred dollars for one specific object. without Gyer submitting the same to the tieneral Adjunta for their concurrence.
RULE XI.
On or about a fortnight before Rosanna in every year. the Gaboy shall attend, according to the practice heretofore, at some convenient place at the songogne or its inclosures, to receive payment for seats aph-cribed for, and open the subscription Het for the en-ning year. when every rachid of this Congregation shall attend and subscribe any sum not less than eleven dollars (exclusive of the amount of his wife's or family's seat-
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for the support of this tangatime for which are
* * Sig while at the end of every your. . ! see and Funich Din self with a com and setti
set in the Spracogne, and he deprived of every ris until such anon- ar> >std; and. If any vachill
arthur with his band's ond rights, such person or .. win- shall be charged tive de dar it every month !! wirin, as long as to ane or they will have with !!! Hp support from the Cureregation and should I. sur ae ther de, mely such delinquentes. he, she or ti shall be deprived of banal inside the Bern Hiam, weil all anears are with.
RULE XH.
Al troelites new in Charleston, who are not Facul- im. and such as that arrive hereafter, aper oud residence shall be bound in subscribe to the suleri; i :. and provide themakes and wives if any; weare des aterosaid, which shall conter or them all Mother- and priviley - mand out of Strenge. ( he 1 je ex sorrow : but neither och as are in this situation .. 1 pour array in the wife".
·fine de honor. until after A redone of two when anen person shall arady in writing to the Pali.
otherwise shall such person or persons become Yaki. inn of the Congregation; it is, however, to be Home ,and that son- on Yachtlon shall. if admitted. par les. Ten dollars. This lax embraces all persons inte- ately above twenty-one years of age. under an chien.
- Form mit : #
tion. as before stated. to give their support towards this Congregation.
BULE XIII.
No person being called to the Sephar, having Portos- fochel, or going up there to offer. sball leave the amp. without offering at least one shilling for the Parnass Presidenta, and prosperity of the Congregation. nor shall any ridiculous or unusual aføring be permitted.
Any person ofending in either of these cases, shall be called before the Private Adiante, and at their divers tion aned. or dealt with according to the nature and aggravation of the offence, and shall continue under all disabilities in aul out of Synagogue. until neh derision in complied with.
RULE XIV.
should any low of this Constitution prove derrimen- tal to the interest of this congregation, or require an alteration: or, if any new low be found notary Parnassi and Adjunta, shall have power to all, or be a petition of two-thirds of all the subscribing Yenil- im. exclusive of the members of Public or Private AL- junta. the General Adjunta in conjunction with the Pri- vate VIjunta, who shall convene to take into considera- tion. such alteration. amplement. of new IRW: WWWDry of whom shall form a quorum, and being adopted we two- thirds of them. and not otherwise, shall become birding and of tull force in this Congregation.
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