USA > South Carolina > The Jews of South Carolina, from the earliest times to the present day > Part 16
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On October 9, 1836, the Rev. Gustavus Poznanski was
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elected to the pulpit of Beth Elohim. Born of respectable parentage in Storchnest, Poland, he had been educated in Hamburg, where he became imbued with the spirit of the Hamburg Temple, then the foremost exponent of the re- form movement in Europe. He was occupying a small position in New York, where he had been living for some years, when he was called to Charleston. Among those who recommended him was Isaac Leeser, who afterwards regretted it. Poznanski was a scholar, a good speaker and writer, an able controversialist, and a gentleman. At first his ministrations met with signal success. He was accept- able to both parties and his advent was followed by a marked religious revival. Even one of his bitterest op- ponents testifies that when he came to Charleston "laxity in attending to religious observances gave place to a strict attention to time-honored observances.'' 1 But there was soon to be a "rift within the lute."
In the great fire of April 27, 1838, the Synagogue was burned to the ground and steps were soon after taken to rebuild it. The corner-stone of the new building was laid on January 2, 1840. Poznanski had meanwhile been elected for life in 1838.
On July 14, 1840, before the new building was completed, the trustees were called on to act upon a petition signed by thirty-eight members, which had been presented to them, praying "that an organ be erected in the Synagogue to assist in the vocal parts of the service."
This petition was deemed by the trustees to be an in- fringement of the first article of the Constitution. At a general meeting of the Congregation, held on July 26th, the trustees were overruled by a vote of forty-seven to forty, and the prayer of the petitioners granted. This led to a division in the Congregation, and nearly forty mem-
1 The Occident, Vol. 2, p. 151.
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bers withdrew. We will not recite at length the events of that troublous period, the plotting and the counter-plot- ting that took place. The minute-books of Beth Elohim are now available and they contain the story in the fullest detail.º Suffice it to say, that in 1843 the case was carried to the courts by the seceders, the most brilliant legal talent of the day being arrayed on either side.3 The dominant party gained the verdict, which was affirmed when the case reached the Court of Errors and Appeals in 1846. The opinion was delivered by Judge Butler and is a magnificent document. O'Neall, in his Bench and Bar, calls special attention to it as a fine specimen of Judge Butler's style of judicial reasoning. The following extract will well repay careful perusal even at this late day :
" It is almost impossible to reduce matters growing out of a difference of opinion to. such a definite form as to subject them to judicial cog- nizance. Rights and franchises are such matters as have legal existence and may be protected by law. Speculative disputes must be left, in some measure, to the arbitrament of opinion. To suppose that an uninter- rupted harmony of sentiment can be preserved under the guarantee of written laws and constitutions, or by the application of judicial authority, would be to make a calculation that has been refuted by the history of all institutions like that before us. Neither is it practical to frame laws in such a way as to make them, by their arbitrary and controlling influ- ence, preserve, in perpetuity, the primitive identity of social and religious institutions.
" The granite promontory in the deep may stand firm and unchanged amidst the waves and storms that beat upon it, but human institutions cannot withstand the agitations of free, active, and progressive opinion. Whilst laws are stationary, things are progressive. Any system of laws that should be made without the principle of expansibility, that would, in some measure, accommodate them to the progression of events, would
" These minute-books will be published by the author in the near future. " The case was argued below before Judge Wardlaw in 1844, Messrs. King and Memminger appearing for the appellants, and Messrs. Petigru and Bailey contra. That the case was carried to the courts at all was mainly due to Isaac Leeser. (See The Occident, Vol. 10, p. 226.)
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have within it the seeds of mischief and violence. When the great Spartan law-giver gave his countrymen laws, with an injunction never to change them, he was a great violator of law himself. For all laws, how- ever wise, cannot be subjected to Procrustean limitations. Cesante ratione cessat lex is a profound and philosophical principle of the law. These remarks are more particularly true in reference to matters of taste and form. Let the oldest member of any civil or religious corporation look back and see if he can, in any instance, trace the original identity of his institution throughout its entire history. Those who now, in the case before us, insist with most earnestness on a severe observanee of ancient rites and forms would hardly recognize or understand the same, as they were practised by their remote ancestors, who founded the Synagogue. The Minbag Sephardim was a ritual of Spanish origin; and, although it may yet obtain in different countries, yet how differently is it observed. If two Jewish congregations, one from Poland and the other from Spain, were to be brought together, whilst professing to be governed by the same rituals, they would probably find themselves unable to understand each other in their observances of them.
" The Jews in every part of the world, by whatever forms they may be governed, could, no doubt, recognize the general spirit and prevailing principles of their religion to be essentially the same. But in mere form a resemblance could not be traced with anything like tolerable uniformity.
" As practised and observed in Charleston in 1784, and for many years afterwards, exercises in Spanish were connected with it. They have been long since discontinued; long before the commencement of this contro- versy. Religious rituals merely, not involving always essential principles of faith, will be modified to some extent by the influence of the political institutions of the countries in which they are practised. In a despotism, where toleration is a sin to the prevailing religion, religious exercises will be conducted in secret or in occult forms. Faith and doctrine may take refuge in these for safety. On the contrary, in a country where toleration is not only allowed, but where perfect freedom of conscience is guaranteed by constitutional provision, such devices will not be resorted to. Language itself is continually undergoing changes; clumsy expressions of rude language will give way to modern refinement. There are those in every church who would be shocked at the change of expression in respect to the tablets or books that contain the prayers and more solemn forms of religious rituals. At this time there are many who oppose any change of style in the editions of the Bible. It is not surprising that those who have been accustomed to one form of expression should have associations with it that they could not have with another. And it is so of all religious
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forms and ceremonies. The feelings of such persons should never be treated with indifference or rudeness. They deserve respect and are to be regarded as useful checks on reckless innovation. Matters of this kind must necessarily belong, and should be committed, to the jurisdiction of the body that has the right of conducting the religious concerns of ecclesiastical corporations. Charters are granted to such corporations upon the ground that they can carry out their ends with greater efficiency than if they were left to individual exertions and the operation of the general laws of the land. The parties before us who are opposed to reform contend that dangerous changes have been made in the form of their worship, particularly as it respects the introduction of instrumental music. It is not pretended but that the organ, the instrument complained of, was introduced by the constituted authorities; but the ground taken is, that this authority has been exercised to do that which is against the provisions of the charter, which guarantees that the Minhag Sephardim should be a ritual of the Congregation, and that it did not allow of instrumental music as a part of it. The objection is to the mere form in which the music is used and practised in this Congregation. I suppose it might be admitted that in its origin such a ritual was practised without the aid of instrumental accompaniment, but to suppose that the exact kind of music that was to be used in all former time had been fixed and agreed upon by the Jewish worshippers who obtained this charter would be to attribute to them an impracticable undertaking. That such music was not used is certain; but that it might not in the progress of human events be adopted, would be an attempt to anticipate the decision of posterity on matters that must be affected by the progress of art and the general tone of society, and which could not be controlled by arbitrary limitation. As this was a subject that could not be well reached, much less continually controlled, by the judgment of this Court, we think the Judge below very properly excluded all evidence in relation to it.
" Evidence was offered on a graver subject, touching the faith and relig', ious professions of the majority that introduced and established the organ. It might be sufficient to say that the party which has been charged with heterodoxy in this respect profess to adhere to the ancient faith of the Jews. They do not occupy the position of those who openly disavow the faith of the founders of the Synagogue. If they were to do so, it would be time for the Court to say how far it would take cognizance of the rights of the minority under the terms of their charter. How can a Court ascertain the faith of others except by their professions? Can it be done by the opinions of others, and if so, by whose opinions? It is said that no two eyes can see exactly at the same distance, and, perhaps,
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no two minds have exactly the same conceptions of the same subjects, particularly of matters of faith and orthodoxy. The unexpressed senti- ments of the human mind are hard to be found out, and it is a delicate office to assume a jurisdiction over its operations when they are to be reached by the opinions of others or conjectural inference. Expressions and aets may give tolerable information, upon which the judgment may act and determine.
"In this case suppose the Judge below had opened the inquiry as to the faith and doctrines of the dominant party, where would he have looked for information ? Surely not to the minority or any others who might occupy an adversary position. Could he have trusted to the testimony that might have been procured and given from other sects and denomi- nations of Jews in other countries? And, if so, should he have con- sulted those who live in Palestine, in Germany, in England, or in the United States? He might have assumed the power to do this, but it would have been a wilderness of power with scarcely a compass to guide him. It would have been to go into the labyrinth of curious and recon- dite learning. without a clue by which he could escape from its bewildering perplexities. He would have had another difficulty, that is, to determine whose testimony he would have taken, for both parties, no doubt, had ready and able advocates for their respective doctrines. It seems to me it would have been hard for a civil magistrate to give a definite, much less a satisfactory, judgment on such subjects. We, therefore, concur in the propriety of the course pursued by the Judge below in respect to these matters. If the Court can be called upon to settle by its decision such disputes, it would be bound to require parties to conform to its standard of faith -- a judicial standard for theological orthodoxy."4
The seceders had meanwhile, in 1843, formed a new Con- gregation, Shearith Israel (The Remnant of Israel), under the leadership of the Rev. J. Rosenfeld. They had their own place of worship on Wentworth Street, though for some time previously, while the case was pending, they had occupied the old Synagogue on alternate Sabbaths. So bitter was the feeling between the parties, that all inter- course between them was practically at an end. The se- ceders even went so far as to acquire their own cemetery,
' Richardson: South Carolina Law Reports, Vol. 2, pp. 270-274. See also Elzas: Pamphlet Reprint, The Organ in the Synagogue.
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which adjoined that of Beth Elohim, but which was separated from the latter by a high wall. It was a lament- able condition of affairs. But further trouble had been brewing in Beth Elohim,
On the first day of Passover, 1843, Poznanski, who had approved the proposition to erect the organ, preached a sermon in which he declared the observance of the second days of the festivals to be unnecessary and recommended their abandonment. The Congregation was not prepared for such a radical step and a special meeting of the trus- tees was called on April 19, 1843, when resolutions were adopted that the proposition was "a violation of the Con- stitution and calculated to create discord and anarchy." Poznanski was further requested to inform the trustees "whether he intended in his future lectures to propose or advise innovations of the established form of service as observed by us, and all other congregations of Jews throughout the world." In a letter to the trustees Poz- nanski declared that he had been authorized by a former resolution of the trustees "to make such remarks and ob- servations as I might deem proper," and that the majority of those who had voted in favor of the resolution of dis- approval had previously well known his opinion on the subject in question. As lecturing was no part of his duty, he declined to lecture any more. This letter was voted unsatisfactory. In a subsequent letter he wrote that "with the sole view of restoring and preserving peace and har- mony in our Congregation," he would advise no further innovations "until the general desire of the Congregation to hear the truth on any religious subject, and to have our holy religion divested of all its errors and abuses, shall be expressed to me through their representatives, your honorable board." The matter was referred to the Con- gregation, and the course of the trustees approved "with- out any reflection upon the Rev. Hasan." At this same
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meeting a resolution was offered: "That the established service of this Congregation embraces all the Mosaic and Rabbinical laws." It was rejected by a vote of twenty-four to twenty-seven. This caused a further secession, the seceders joining the "Remnants."
Thus was Judaism in Charleston in 1840 and for many years thereafter a house divided against itself. There were now two Congregations. Both were weak, though Shearith Israel, marked by a greater unity of purpose, showed greater strength. The dissensions of the Syna- gogue were carried into the family -- son being arrayed against father and brother against brother. Though in- cessantly persecuted, Poznanski wisely ignored his public critics. Their criticism was mainly of a personal nature, certainly not such as would carry conviction to any intelli- gent mind.5 Everything that malice could invent was charged against, him. Even the character of his father was aspersed, only to be triumphantly vindicated.6 In 1843, with a view of restoring peace, he resigned and for
5 See. e. g., The Occident, Vol. 2, pp. 150-3, 210-12, 297-9; Vol. 9, pp. 203-21.
The following certificate in German and English appears upon the minutes of the meeting of Sept. 26, 1841:
"We, the undersigned, President of the Hebrew Congregation of this city [Storchnest] do hereby certify that Mr. Joseph Poznanski, a resident of this city, married his wife Sarah (who died 3 June, 1836), as a virtuous Jewish virgin, that his marriage took place according to the Jewish laws and with the usual ceremonies, and that he had by her the following legitimate children, namely, Gustavus, Leah, Rebecca, Frederika, Heiman, Hinde, and Gershon.
"We further certify that the said Joseph Poznanski has been a member of our Congregation not only since, but long before he married the said Sarah, his wife, and that up to this day he has been esteemed by all as a highly respectable gentleman & a pious Israelite.
" STORCHNEST, 29th June, 1841.
" LEISER LERESBAUM, G. H. LEVIN,
" Pres. of Corporation ;
Shochet and Rabbi ;
R. HOFFMAN.
Pres. of Representation."
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four months ceased to officiate as Minister. When, how- ever. the privilege of occupying the Synagogue on alternate Sabbaths was accorded the seceders, he officiated gratui- tously for his old Congregation. Needless to say, his mo- tive was misinterpreted."
At a meeting held on January 3, 1847, Poznanski appeared before the trustees and strongly urged the propriety of his retiring from office, setting forth at the same time the rea- sons why such a course was inexpedient before. The mat- ter was fully discussed and referred to a general meeting held on January 10, 1847. At this meeting it was resolved "that the suggested resignation of the Minister would be equally disastrous to the Congregation and the cause of Jewish Reform." Poznanski yielded to the wishes of his friends and continued to officiate for several months. Still feeling that he ought to resign, a meeting of the Congrega- tion was called on November 14, 1847. A committee of five was appointed, of which Poznanski was chairman, for the purpose of taking steps "to procure a Hazan in every way competent to be at the head of this Congregation." Adver- tisements were inserted in The Occident and the London Jewish papers, in the Archives Israelites, and in the Allge- meine Zeitung des Judenthums. Four applications were received, from the Rev. B. C. Carrillon, of Kingston, Ja- maica, from Mr. Mayer Stern, of Liverpool, from Dr. W. Sopher, Minister at Colthen, Germany, and from Dr. Julius Landsberger, of Breslau, who was strongly endorsed by Dr. Geiger. [August 17, 1848.] The application of Dr. Landsberger was favored and considerable correspondence took place between himself and the committee, ending in his election. When he was expected, it was discovered from the German papers that he had accepted another po- sition at Brieg, Germany. [October 28, 1849.] No reason
" The Occident, Vol. 2, pp. 297-9.
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was assigned for his change of purpose. Possibly the com- mittee had failed to answer his many questions satisfac- torily. In one of his letters he inquires about "the sanitary state of those climates, in order to give some comfortable affirmation to my old parents, who love me dearly and ten- derly and who are in an intense fear of the yellow fever and other horrors."
The circular was published again on January 7, 1850: At a meeting held on February 5, 1850, the President stated "that a letter had been received from Dr. Isaac M. Wise, of Albany, N. Y .. dated January 24, 1850, applying for the situation of Minister of K. Beth Elohim, expressive of his ability to meet the requisitions of the circular, dated the 13th November, 5610, and proffering to visit the Congregation, to put himself on trial, should they deem it advisable." This letter was accompanied by a report from Poznanski strongly endorsing the application, though the applicant was not personally known to any of the committee. Dr. Wise's letter contained various conditions, one of which was the extension of the probationary term to five years, and another, "the furnishing of a house in a manner as would comport with the dignity of his position." He was invited to come on a visit "in order to afford the Congre- gation the pleasure of forming his acquaintance and of hear- ing him preach the Word of God, ardently hoping that his visit might result in his election." Dr. Wise arrived in Charleston on February 22, 1850. Dr. Raphall, who was to deliver a series of lectures by subscription, had arrived on the 18th and met with a most enthusiastic reception. The Courier spoke of him as a "scholar, critic, orator, and artist." All the papers gave extended notices of his lectures and he was even praised editorially.8 Beyond the
" See The Courier, Feb. 1S, 23, 25, 1850. The Mercury, Feb. 22, March 9. The Evening News, Feb. 20, 25, 27; March 1, 4, 5, 8, 19.
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announcement of the arrival of "J. Wise," Dr. Wise's visit to Charleston is unnoticed in the local press. He preached in the Synagogue on Sabbath and made a good impression.º While in Charleston he was an auditor of the Raphall- Poznanski debate, a very distorted account of which he has given us in his Reminiscences.10
Dr. Wise returned to Albany. At a meeting held on March 12, 1850. he was elected Minister of Beth Elohim. At the meeting of April 24th it was reported that Dr. Wise would remain at Albany. Poznanski tendered his services to the Congregation, in a private capacity, until a Minister could be procured, refusing to accept any remuneration. Rev. Julius Eckman, of Richmond, was invited to Charles- ton and elected on May 29, 1850. At the meeting held on May 5, 1850, strong resolutions of condemnation were passed against Dr. Wise and transmitted to Albany. The Congregation soon forgave him, however, and when, some years later, Dr. Wise preached in Charleston again he re- ceived a most cordial welcome.
Poznanski now retired from the pulpit permanently, after thirteen consecutive years of valiant and faithful service. He became a member of the Congregation and continued to serve it with his counsel and encouragement until he removed to New York some years later. At a public meet- ing held on June 6, 1850, complimentary resolutions were passed on his retirement, referring in fitting terms to his past services.
Dr. Eckman's pulpit ministrations proved disastrous. His views were disappointing. He was constantly "ar- raigning individual opinions on doctrinal grounds" and frequently indulged in violent denunciation. What was left of the Congregation was once more divided. Petitions for
' The Occident, Vol. S, pp. 217 et seq., pp. 249-257.
1º For further notices of this debate see Sinai, Vol. 1, p. 178, also The Occident, Vol. S. p. 257.
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his resignation were presented and counter petitions. He resigned in 1851 and Mr. Moses Rubenstein, of New York, was appointed temporary Hasan.
In March, 1852, Dr. M. Mayer was called to the pulpit of Beth Elohim and elected permanently in 1857. He was a scholarly man, but, like his predecessor, frequently in- dulged in personal allusions, impugning the conduct of his members. This kept the Congregation in a constant. state of ferment. All interest was gone and the financial con- dition of the Congregation was desperate. On August 21, 1858, Dr. Mayer left for New York on account of ill-health and in 1859 he resigned. For nearly two years the services were conducted by laymen, until Rev. Abraham Harris was elected on February 12, 1860. None of his successors had the tact of Poznanski and the Congregation was now in its poorest estate. Shearith Israel, however, was prosperous. Its members were united and it was fortunate in its Minis- ters, among whom were Rev. Ellis Lyons (1852-3), Rev. Solomon Jacobs (1853-8), and Rev. Henry S. Jacobs (1858- 1861). The breaking out of the war and the removal from the city of many of its members, however, put an end to its prosperity and caused the Synagogue to close its doors. Neither Congregation was now able to stand alone and the way was thus paved for reconciliation and amalgamation. Of this we shall tell in a later chapter.11
" There is an interesting reference in the literature that probably belongs to this period. Naphtali Zebi Judah Berlin (1817-1993), the chief of the rabbinical school at Volozhin, was consulted by a Charleston Rabbi as to whether minors or Sabbath breakers might be included in the making of a Minyan (religious quorum of ten men). His answer, rather unfavorable to both, is to be found in his volume of Responsa Meshibh Dabar ( Warsaw, 1894), Part 1, No. 9, p. 15. It bears no date.
There is an interesting account of the organ controversy in Life and Times of C. G. Memminger, pp. 175-S. It is likewise worthy to note that the first American edition of Salomon's Twelve Sermons, ete., was pub- lished in Charleston in 1840.
CHAPTER XII-THE WAR BETWEEN THE STATES
HE list of South Carolina Jews who remained true to their country and to their country's cause in the darkest hours and who proved their fidelity and patriotism by laying down their lives upon the field of battle could be greatly . extended. Their names are graven upon many a monument throughout the land and their prowess in arms is a part of the military glory of the country. As Montaigne says, the virtue and valor of a man consist in the heart and in the will, and by this rule the Hebrew soldiers of South Carolina may be fairly judged. What they had they gave freely to the State, and on many a bloody field did they prove the high quality of their courage. They possessed what Napoleon called . the two o'clock in the morning courage,' and they followed the flag with superb loyalty to victory and defeat. When the history of South Caro- lina's part in the great struggle is written and the books are finally posted, we are sure that the Hebrew soldiers of this State who wore the grey will have their full meed of praise."-The Sunday News, Charleston, S. C., Jan. 3, 1892.
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