For, as we have seen,
Congregation Shearith Israel
decided to incorporate under the
1784 law. After incorporation,
the congregation elected six
trustees, divided into three
classes. The terms of office of
these classes expired in
successive years, so that a new
pair of trustees was elected
each year in place of the pair
whose service ended. Originally
in accordance with the terms of
the law which was concerned only
with financial affairs and
property matters, these trustees
were to conduct only
"temporalities." The spiritual
affairs of the congregation were
to be conducted, as of old, by
the president and the Junta.
Needless to say, these two
governing bodies could not
function in harmony. In 1786, a
dispute arose over the request
of the Hebrah Gemilut Hasadim to
have offerings made for it in
the synagogue. Both the trustees
and the Junta claimed
jurisdiction and disagreed in
their decisions, one granting
the permission requested, the
other countermanding the
permission. Within a few years,
the president and Junta were
meeting jointly with the
trustees. In 1791, the Junta was
abolished; the trustees now
chose one of themselves as
president, and matters spiritual
as well as temporal were placed
in their hands. For a time, this
board met as "trustees" when
conducting general affairs and
as "Junta" when attending to
religious matters. By 1805, this
cumbersome fiction was dropped,
and all matters were decided by
the board sitting as trustees.
Thus it took Shearith Israel
twenty years to abolish the last
remnants of its old system of
government and to readjust the
management of its affairs to the
new order. From this time forth,
all New York congregations,
save, for a time, Emanu-El,
operated under a board of
trustees chosen by the electors
as provided by the state law,
giving no consideration to
European traditions except in
the election of a president (parnass).
Emanu-El's government in its
early years differed some-what
from that of the other
congregations. This synagogue
organized itself with a board of
trustees, called Direction, and
an advisory board, called
Beirath. In 1847, the organic
law of the synagogue was amended
to provide for two boards: one
of directors, the other of
deputies, whose members were
elected by the membership. These
two democratically chosen boards
met either separately or
jointly. When they met together,
under the name of
Verwaltungsrath they constituted
the real governing body of the
congregation. The directors,
meeting separately, were more or
less an executive committee to
carry out the resolutions of the
larger group. The deputies, when
they met separately, passed on
the admission of new members, on
large financial outlays, on the
sale or purchase of property;
they also examined the accounts
of the board of directors. In
the early 1850s, this clumsy and
top-heavy system broke down of
its own weight. Emanu-El then
fell in line with the policy of
the other congregations by
creating a single board of
trustees to direct its affairs.
The number of trustees elected
by the New York congregations
ranged from five to nine. As
time went on, the tendency was
to have a larger rather than a
smaller board. The trustees met
frequently, in some
congregations as often as once a
week; in other cases, the stated
meetings of the board were
bi-weekly or monthly; special
meetings were often called to
decide pressing matters. In
general, the trustees took into
their hands, not only those
matters expressly committed to
them by the state law, but also
all matters not definitely given
to the electors for decision.
They may fairly be said to have
taken the responsibilities of
their office very seriously and
to have acted most scrupulously
and conscientiously. Thus, in
1828, when the Society for the
Education of Poor Children
petitioned Shearith Israel for
the use of the synagogue
building and innocently asked to
take complete charge for the
day,
the trustees replied that they
were always in charge of all
synagogue property and could not
relinquish their charge even for
a moment. The society disclaimed
any intention of usurping the
power of the trustees; restored
to their full dignity, the
trustees granted permission for
the meeting. At Anshe Chesed, in
1848, the trustees dismissed Dr.
Lilienthal from his position as
rabbi because of a controversy
which involved their prestige.
Since they took their position
so seriously, the trustees made
every effort to live up to it.
In a majority of the New York
synagogues, a separate minute
book was kept for the
transactions of the board of
trustees. In keeping with the
state law, the board elected a
treasurer for the synagogue
funds and appointed a clerk to
keep their minutes. The trustees
levied fines on themselves for
not attending meetings and for
not coming to order. The
trustees of Shearith Israel and
of Anshe Chesed drew up laws
governing their own procedure,
and periodically renewed or
revised these rules. Infractions
of synagogue regulations were
judged by the trustees sitting
as a body; the board had the
power to levy fines on the
synagogue members and to declare
membership defaulted on the
non-payment of dues or similar
cause. All synagogue
expenditure, including charity,
was under their control; there
was one
slight exception, the president
could give a small sum to an
applicant for charity without
the endorsement of the board.
The rental of seats, burial in
the cemetery, care of synagogue
property, permission for
weddings and the collection of
offerings and dues, all came
under their supervision. In some
synagogues, in the event of an
emergency when no meeting of the
board could be called, the
president had the right to grant
permission for burial; this
permission had to be ratified at
the very next meeting of the
board of trustees.
As early as the 1820s, the
trustees of Shearith Israel set
up permanent committees on
finance, cemetery, building and
other recurring matters. Several
of the newer synagogues imitated
the parent body. Other
synagogues, however, preferred
to appoint committees as matters
requiring attention arose. At
all of the synagogues the
treasurer was required to give
security, usually the bond of a
wealthy member; the collector,
too, who was as a rule the
sexton, was required to give
bond. It does not seem to have
been customary in the early days
for the synagogue to maintain a
bank account; the treasurer
mixed congregational funds
with his own and gave a periodic
accounting of the financial
standing of the synagogue.
Later, regular accounts were
kept in banks, as the more
businesslike procedure of
keeping synagogue funds distinct
from private funds was adopted.
The business of all boards of
trustees was conducted in closed
session and kept confidential.
No member of a synagogue was
permitted to attend any session
of the board without express
invitation. Before the group who
formed Bnai Jeshurun had
actually seceded from Shearith
Israel, there was a desire among
them to hold open meetings; once
their own synagogue had been
organized, they, too, fell in
line with the parent body. The
formalization of business of the
boards of trustees was notable;
at Shearith Israel, very early
in the nineteenth century, it
was ruled that all matters which
were brought to the attention of
the board by individuals had to
be communicated in writing.
The president of the ruling body
of the synagogue was called the
parnass; this term originated in
the Talmudic era and continued
in use in Europe through the
Middle Ages into modern times.
In eighteenth-century New York,
he wielded considerable power.
He presided at the services, he
was blessed at the reading of
the Torah, and he expected
obedience from the worshippers.
At times, two presiding officers
were chosen: one functioning
from Sukkot to Passover, the
other from Passover to the next
Sukkot. Under this arrangement
the man in office was called
Parnass Presidente; the other
was called Parnass Residente. By
the second
decade of the nineteenth century
this practice was abolished; a
single presiding officer
functioned, usually for a year.