Friday, May 24, 2013

Memorial Day and Who is a Citizen?


As I said, I read an odd assortment of books – some of which are very old, and others of strange subjects. While searching my family’s genealogical roots, I have come across some books with historical gold hidden the pages. I’d like to tell you about one such book.

 

Names of Persons

Who Took The

Oath of Allegiance

To the

State of Pennsylvania

Between the Years 1777 and 1789

With

A History of the “Test Laws” of Pennsylvania

By

Thompson Westcott

Originally Published In Limited Edition of 250 Copies

Philadelphia 1865

 

I bought this book searching for family members who fought for the Pennsylvania Militia during the Revolutionary War. What I found and did not expect, was a history of the writing of the Constitution of the United States of America. Just as great works of literature are edited for the best possible content, so, the laws regulating our brand new nation were also edited, to insure the best possible content.

In the original laws and arguments for and against what should be included in the Constitution, I found many of the same issues that still face America today.

If you were to take the Oath of Allegiance, and become a Citizen of the United States of America today, this is the Oath that you would recite:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

 

But – this oath is fairly new, and very different from the Oath that was first proposed, and which many of our families signed – including my own family.

Here are some of the early Oaths of Allegiance.

 

In the one of the earliest test laws of the State of Pennsylvania, - where the delegation who were writing the Constitution met - the Oath was very different. It read:

 

“ I, ____ ____, do swear or affirm, that I renounce and refuse all allegiance to George the Third, King of Great Britain, his heirs and successors; and that I will be faithful and bear true allegiance to the Commonwealth of Pennsylvania, as a free and independent State, and that I will not at any time do or cause to be done any matter or thing that will be prejudicial or injurious to the freedom and independence there of, as declared by Congress; and also that I will discover and make known to some one Justice of the Peace of said State all treasons or traitorous conspiracies which I now know or hereafter shall know to be formed against this or any of the United States of America.”

September 28, 1776.

 

This had been changed from the very first oath which read;

 

“I, ___ ___, do profess faith in God, the Father and in Jesus Christ his Eternal Son, the true God, and in the Holy Spirit, one God blessed evermore, and do acknowledge the sacred Scriptures of the Old and New Testament to be given by Divine inspiration.”

Written June 18, 1776.

Struck down, July 15, 1776

 

Heated debate followed when the argument was made that striking this version of the Oath would allow a government where  -

 

“a belief in Jesus Christ was not required, which would admit professed Deists, Jews, Mohammedans, and other enemies of Christ into the Assembly, and whether there is not in fact a firmer establishment for anti-Christ, and all the damnable errors, than the Quebec bill, for Popery, let the world judge.”

 

I find it fascinating that in 2013, we are still trying to figure this out.

 

On December 23. 1783, Rabbi, Ger Seixas of the Jewish Synagogue in Philadelphia, Simon Nathan, the Parnass, or President, Asher Myers, Bernard Gratx, and Haym Saloman, The Mohammed, or Associates of the Council in behalf of themselves and brethren, addressed the Council of Censors in relation to the declaration required to be taken by each member of the Assembly, which affirmed that ‘the Scriptures of the Old and New Testament were given by divine inspiration;” and that no other religious test should be required of any civil magistrate in the State.”

 

The Jewish and Muslim communities brought evidence of their willingness to support and defend the fledgling country; including documentation of the men of their individual faiths who had died in the American Revolution. The assembly comprised mainly of Christian men, took note of good and committed men, and upheld their petition.

 

The oath has changed over the years, but American’s from other countries still raise their right hand, and swear as they repeat the Oath of Allegiance.

 

 In 1808, my great times 4th grandfather, took the following Oath when he became no longer a citizen of Germany, but a citizen of the United States of America.

Page 1 –

The Petition of Paul Phy a native of Germany

Respectfully shewith

That your Petitioner was residing within the limits and under the jurisdiction of the United States between the eighteenth day of June one thousand seven hundred and ninety eight and the fourteenth day of April one thousand eight hundred and eight and has resided within the limits and under the jurisdiction of the United States for ten year last past within the State of Pennsylvania. That he wishes to become a Citizen of the United States and never has borne any hereditary title or been of any of the orders of nobility in the kingdom from whence he came or elsewhere.

He therefore humbly 
prays
 that on his making the proofs and taking the oaths prescribed by law he may be admitted to become a Citizen of the United States of America and he will pray.

Signed:

Paul Phy

Page 2 –

I Paul Phy the within Petitioner do upon my solemn oath before this Honorable Court declare that I will support the Constitution of the United States; that I do hereby renounce and relinquish any title or order of nobility to which I am or hereafter may be entitled; and that I do absolutely and intirely renounce and abjure all allegiance and fidelity to any foreign Prince Potentate State or Sovereignty whatever and particularly to the Emperor of Germany of whom I was before a subject.

Signature:

Paul Phy

Sworn in open Court this
30th day of Sept 1808

A. Caldwell - Clerk District Court

 

 

 

Today, we are still trying to decide who should and should not be a citizen based on their faith, their beliefs, and their national origin.

 

I think I like the words of President George Washington in his final address when he praised, “Citizens by birth and citizens by choice.” George Washington was a first generation American, the child of an immigrant, who came to America from England.

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