Location: Front Street in Beaufort
County: Carteret
Original Date Cast: 2011
Jacob Henry, the first Jewish representative in the North Carolina House of Commons, served in 1808 and 1809, a time in which people were bound constitutionally to affirm the “truth of the Protestant religion” before holding any public office or “place of trust or profit in the civil department.” A resident of Beaufort, he was elected to represent Carteret County. Although many details of his early life are lacking, it is known that he was the son of Joel and Amelia Henry, who moved to North Carolina from Charleston by the time of the 1790 census.
Young Henry rose to importance in the state’s history not only as the first Jewish legislator, but, as such, he inadvertently became a defender of religious liberty. A Federalist, Henry was first elected in 1808, served the term without incident, and was reelected the following year. Hugh C. Mills, a newly elected Republican representative from Rockingham County, took issue with Henry’s religious affiliation and, on December 5, 1809, introduced a resolution to vacate Henry’s seat. At issue were sections 32 and 12 of the state constitution (affirming the Protestant religion and taking a proper oath of office).
The legislators decided to take up the resolution the next day, giving Jacob Henry time to prepare his defense. Without specifically mentioning Judaism, Henry gave a rousing speech in which he waxed about “natural and inalienable rights” and equalized religious sects with phrases such as, “the ruler of the universe would receive with equal benignity, the various offerings of man’s adoration if they proceed from an humble spirit and sincere mind.”
One of Henry’s most ardent defenders was William Gaston, who, as a Catholic, had reason to be interested in the outcome of the debate. Gaston maintained that the religious requirements did not apply to legislative office, and therefore Henry had not violated the Constitution. Ultimately Jacob Henry was allowed to retain his seat. His inspiring and eloquent speech on December 6, 1809, has been published and quoted frequently ever since. It is considered a touchstone of religious rights and tolerance.
Jacob Henry married Esther Whitehurst of Beaufort in 1801. The Federal era house that he built at 229 Front Street in Beaufort still stands. The Henrys had seven children before moving to Charleston around 1817. Henry did not engage in politics after the 1809 session. He died in 1847 and is believed to have been buried alongside his mother and wife in a “Hebrew cemetery” in that city. Tombstones have not been found.
References:
Leonard Rogoff, Down Home: Jewish Life in North Carolina (2010)
Text of Jacob Henry’s 1809 speech at: http://books.google.com/books?id=DwQlVoyHac8C&lpg=PA41&ots=PjZZfefSld&d… ()
Seth Barrett Tillman, A Religious Test in America?: The 1809 Motion to Vacate Jacob Henry’s North Carolina State Legislative Seat—A Re-Evaluation of the Primary Sources, 98(1) North Carolina Historical Review 1–41 (Jan. 2021)
Seth Barrett Tillman, What Oath (if any) did Jacob Henry take in 1809?: Deconstructing the Historical Myths, American Journal of Legal History (2022)
https://academic.oup.com/ajlh/article/61/4/349/6500253?login=true
Ira Rosenswaike, “Further Light on Jacob Henry,” at http://www.americanjewisharchives.org
William S. Powell, ed., Dictionary of North Carolina Biography, III, 113-114—sketch by Alice R. Cotton