Fifty-nine votes cast in the 1807 election for the Legislative Assembly of Lower Canada elevated Ezekiel Hart to public office, marking a significant flashpoint in colonial political history. As a Jewish citizen, Hart challenged the rigid requirements of the oath of allegiance, triggering a protracted legislative battle that questioned the definition of parliamentary eligibility in British North America.
Background and Commercial Ventures
Born on May 15, 1770, in Trois-Rivières, Hart was the son of Dorothea Judah and Aaron Hart. His father, a former member of British military forces, established a foundation in fur trade and regional business. In 1796, Ezekiel partnered with his brothers, Moses and Benjamin, to open a brewery. Beyond this enterprise, he managed a general store, engaged in import-export trade, and expanded his landholdings, including the acquisition of the seigneury of Bécancour.
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Hart secured his initial election victory on April 11, 1807. Upon attempting to take his seat in January 1808, his decision to swear an oath on the Tanakh while wearing a hat invited immediate resistance from members like attorney general Jonathan Sewell. Opponents argued that the required oath of abjuration, featuring the phrase "on the true faith of a Christian," rendered him ineligible. Despite his willingness to perform the oath as requested by the house, the assembly voted 35 to 5 on February 20, 1808, to exclude him.
Expulsion and Political Precedent
Re-elected in 1808, Hart attempted to conform to standard oath-taking procedures to bypass further scrutiny. Nevertheless, the assembly remained hostile. Following arguments by Pierre-Stanislas Bédard, who characterized the inclusion of Jewish members as incompatible with the assembly's structure, the house expelled Hart again in 1809. The controversy, known as L'Affaire Hart, highlighted deep-seated tensions within the political landscape of Lower Canada regarding the intersection of religious practice and state authority.
Later Years and Legislative Change
After his exit from electoral politics, Hart focused on his business interests and military service, rising to the rank of colonel in the 8th Battalion of the Trois-Rivières militia by 1830. He participated in the War of 1812 under Lieutenant Colonel Charles-Michel d'Irumberry de Salaberry. His advocacy eventually bore fruit on June 5, 1832, when the Legislative Assembly passed the Emancipation Act. Championed by Louis-Joseph Papineau and supported by petitions from figures including his son, Samuel Becancour Hart, the bill granted full rights to Jewish citizens.
Fast facts
- Born: 15 May 1770, Trois-Rivières
- Died: 16 September 1843, Trois-Rivières
- Occupation: Politician and entrepreneur
- Legislative tenure: 1807–1809
- Military rank: Colonel
- Spouse: Frances Lazarus
- Historical status: Person of National Historic Significance
Questions readers ask
Why was Ezekiel Hart denied his seat in the Legislative Assembly?
Fellow members argued his Jewish faith prevented him from swearing the mandatory oath of office, which required an affirmation on the true faith of a Christian.
When were full rights granted to Jewish citizens in Lower Canada?
The Legislative Assembly passed the Emancipation Act on June 5, 1832, granting full rights to those practicing the Jewish faith.
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