Hart petitioned the legislature, saying that, while he believed that he was justified in the law in taking a seat by means of the oath used by Jews in the courts, he was willing to swear the oaths used for those elected to the assembly. After some deliberation, however, on February 20, 1808, the assembly resolved by a vote of 35 to 5 that "Ezekiel Hart, Esquire, professing the Jewish religion cannot take a seat, nor sit, nor vote, in this House."