Newspaper of The New York Herald, February 14, 1844, Page 1

Newspaper of The New York Herald dated February 14, 1844 Page 1
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T HJ Vol. X; No. 41?Whole Bo. 3619. MR. WEBSTER'S ARGUMENT on the GIRARD WILL CASE. UNITED STATES SUPREME COURT. Washington Cmr^ Saturday night, ^ The Supreme Court room was crowded literally almost to suffocation; hundreds and hundreds went away, unable to obtain admittance; there never were so many persons in the Court room since it waa built; over 200 ladies were there, crowded, squeezed, and some almost jammed, in that little nf Tiiilfyfu nnH thfi rUUIIJ f 414 ? Judges, in front of Mr. Webster and behind him, and on each side of him, were rows and rows of beautiful women, dressed " to the highest." Senators, Members of the House, whigs and locos, Foreign Ministers, Cabinet officers, old and young, all kinds of people, were thete. Both the President's sons, with a cluster of handsome git Is, were present; John Quincy Adams sat through the whole of it, listening attentively to every word. Mr. Crittenden Hat on Webster's left side, and Hurace Binaey on his right. The body of the room, the sides, the aisles, the entiances, all were blocked up with people. And it was curious to see on the bench a row of beautiful women, seated, and filling up the spaces between the chairs of the Judges, so as to look like u second and a female bench of beautiful Judges. But 1 have no time to describe to-days, and I know not if there is time for me to send the whole argument. After reporting four hours (he spoke from 11 till &) in that hot crowded Court, (stuck in between about a dozen beautiful women, I felt quite sick and used up; and I have actually had to lie down from sheer fatigue before I could begin to write out my notes. As it is, 1 shall have to write all night, to send this off by Sunday morning's mail. But to the Argument of Sir. Webster. Mr. Wcbitcr?May it please the Honorable Court? , Before proceeding to the discussion of the important questions involved in this case, I shall make a few remarks upon matters which, in themselves, are not very important; but which, having been alluded to by the gentlemen on the other side, require some notice from me. The plaintiff's on this record are tiie heirs at law, and next of kin to Stephen Girard. They come here to try the validity of a devise in the will of Mr. Girard, by which devise a large amount of property is disposed, which, if not undivised, or ineffectually devised, would come to them. That de viie purport* to be made to a charity. And 1 wa? sorry to hear the opposite counsel represent these persons as being actuated by unworthy motives, and using arguments calculated to impugn their character and respectability. The nature ot this controversy naturally involves a discussion on religion and religious charity; and 1 was sorry to hear my learned iriend un the other side say that the religion of these parties consisted in their attempt to steal the bread of orphans. They are his own neighbors I presume they have committed no offence by comiug here. They stand here before your honors perfectly respectable. They have a constitutional right to be here.? They expect to obtain nothing from the Court but what is clearly right But it has been asked why did not these parties stay at home. Why did they not try the cause in Philadelphia. Sir, the immediate plaintiffs are foreigners. They have a right secured to them of coming here by the constitution, it is one of the principles of th? constitution that a foreigner has a right to coine here lor the trial of his cause before the highest Judicial Tribunal in Uie land. But my learned friend has answered his own question much more eftectually than 1 could possibly do. lie says that this question is esteemed so plain in Pennsylvania that nobody would oven listen to the plaintiffs there in any attempt they might make to obtain their rights. Now, Sir, if the minds of every one in Pennsylvania is made up on this subject, so that theso parties could not even obtain a hearing. 1 think that is a very good reason why they should come here where they will be listened to It certainly is not their duty to go where they will not he patiently listened to. But there is another reason why these parties should prefer coming here to submitting their case to the Courts in Pennsylvania. A question ol a nature similar to this arose before in that btate. It was in the case of Mrs. Yohe* will. It was argued at some length in the Cir cuit court;fend judgment was pronounced in menu oy one of the Associate Judges ol' this Court (Baldwin) and - that judgmeat was adverse to the claim of the view taken by the plaintiffs in-the cause. Therefore, it was thought best to take this cause at once before that Court which will have the final decision of it; and of which the presiding Judge of the Circuit Court of I'ennsylvania is a member. In the absence of my learned friend who opened this cause (Jones) I will advert to another topic, in which, by some process of reasoning, or speech, my learned friend was assailed as being a citizen ol the District of Columbia, and this poor District was made to sutt'er for the sius ol others. A question was put interrogatorily by my learned friend as to who is the parent patria of Pennsylvania ? Now, in England it is sometimes the case that the Chancellor, acting for the king, he is parent patriit, but he said that this could not exist in 1'eunsylvania but by statute, or in any popular form of government. The learned counsel on the other side immediately turned round to my lriend, General Jones, and said, who is the parent patria of the District of Columbia?(which I solemnly beliave is the worst governed portion of the country) who is the parent patria of this unfortunate District, that could not pay ita own debts I A reply rose to my lips which 1 suppressed, suid which I mean to suppress, because the gentleman soon after made other remarks in relation to an important subject of the deepest Interest to this whole country, that do him honor. It was said that one local decision would suifice forOhio, and one local decision suifice for Tennessee ; but General Jonas argued that it must be shown by a series of decisions, to establish the local law in Pennsylvania, was a system of chancery administration in Courts of Judicature, which lias no featurecfequity, us 1 shall show hereafter. They said there was a system of law in Pennsylvania quite competent lor adjudicature?all cases of charitable uses established by legislative action, and by judicial dacisions. One argument used by my learned friend was. that these devises cannot stand uoonthedoc trine of common law. They argued on the other side that I they can Hand upon the doctrine of common law, that they do (tana and ought to stand upon that doetrine. It ?t alio argued that the statute of Elizabeth, as a statute, does not exist;in Pennsylvania; but that a system of law has sprung up there which is fully competent to adjudicate in all these cases of trusts and devises for charitable uses. fc Again, we were asked, why we did not go to the Register of wills in Philadelphia ut the proper time, and get this , will of Mr. Girard's broke. Why, what on earth has the Register of wills to do with this matter 1 It is his duty to see that there is the right signature, the right witnesses, the right seal in the right place, but he cannot decide on the validity oi a devise. |i Now, ol all men that I know of to provoke the remarks made by the learned counsel, Edward Jones is the very last man. None of your honors have been on the bench so;iong|BS he has practiced at this bar; none of your honors have practiced in anti-court so long as my learned friend has?lie is eminently distinguished for his learning, profound judgment, legal acumen, untiring industry and unceasing research ; none has sustained himself with more reputation lor the long period of his practice at this bar, mingling with the greatest lights of this Court, from the time of C harles, Piuckney, Harlord, Key, Dexter, Stockton, Wirt?who has sustained the high reputation for keen logic of the law. for perspecuity of reasoning, for amenity of manner, and perfect loveliness of character; who, among the greatest lias sustained all this in a man tot Biinarwir ft* t iuniiro 1 lunns t It has been objected by the other side that these plaintiff'* should have brought an action of ejectment instead of meing for the real estate. Why, there was an aAer purchase of eatatet. Ar_d the objection has no bearing upon the case. Again, It was gravely said, that Pennsylvania should be let alone. That she should be allowed to manage this charity in her own way I The answer to this is that Pennsylvania cannot be let alone The Constitution ol the United States says that she shall not be let alone?it says that all those who are foreigners shall have the right to come here with their causes, and to submit all t their just claims, and that they shall lie heard?and they P are heard, and they do obtain juatice by so comii g. piHaving said thus much ia regard to those matters,which I, , may 1>? considered the "skirmishing of the case," I leave that part of it, and proceed to those considerations which are of much more importance. Now, we say that the Sflth, the :21st, and 54th clauses in the will?those which establish the college, are invalid. It is enough to say here that after enumerating various legacies, lor different persons, charities, hospitals, and so forth, to the total nmount of $1421,000 or$IM),ono, Mr Oirard proceeds to give the rest ol his property to the city ol Philadelphia in trust, ami the trusts of that devise are sundry. Hut that which we have to deal with more particularly, are the trnsta to the corporation of I'hiladelphia. of two millions for a college. In the 20th clause of the win, Mr. Oirard proceeds to devise >'2,000,000 and a square of ground for the erection and maintenance of a permanent college. And he goes on at length to describe the carpentry, and other work of the building, very minutely, according to a precise model laid down by himself Passing hy all these matters, we come to where he proceeds to prescribe certain conditions attached to this devise The 1st is the provision for the college ; and the Id part ,describes that "no eerie si as He, missionary, or minister of any sect whatsoever, shall evir hold or txrrriie any station or duty whaln rr in he laid colli ft ; nor shall any swh person ever he admitted for any purpose, or as a visitor, within the premises appropriated to i the purpofes nf the said college In msking this restriction, 1 do not mean to cast any reflection upon any sect or person whatsoever: hut, as there is such a multitude of sects, and such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans, who are to derive advantage from this bequest, free from the excitement which clashing doctrines and sectarian controveray are so apt to produce ; mv de lira ia, that all the instructors and teacher* in the college i I I E NE NEW 1 hall take pains to iaatil into the mlada of the acholara M? I purest nrincivUt of morality, bo that, on their entrance into I active life, they may, from inclination and habit, evince I bent valence towordo their ftUow creator ts, and u lait of I truth, oobriety, and industry, adopting at the aame time < auch religious tenets as their matured reason may enable I them to prefer." I Then there are other regulations for the admission of I the children to this college. And by these it is provided i that they must he poor white male orphans between the i ages of and 10 when admitted ; and they are to remain I to a period between the ages of 14 and 18 ; when they are 1 to be bound out to suitable trades and professions. j Mr. Girard then goes on to say in this will that the I square of ground on which the oollego is to be erected is to be surrounded by a wall; that there are to be a certain I number of entrances and no more. < And by a codicil to this will, the sita was afterwards I changed ; it was carried out of the city ; the space to lie 1 enclosed by the wall was to comprise 44 acres of land ; and the codicil enjoins that all the details relative to the i college shall be carried out as in the body of the will. ! I have read the devise. It is particular in mentioning i that this bequest is for the erection of a college for instruct- i ing in a certain system ol education poor white male or- ] phaii children, of certain ages, under the direction of the City of Philadelphia, and is also most particular in the i restrictions relative to clergymen, which 1 before mentioned. Before I proceed to discuss the other parts of the case, < there are two points which I propose to submit to your i honors for your deliDerate and solemn judgment. In the first place, I ask your honors to decide?Can this devise be sustained otherwise than as a charity? If it be a good limitation of law?if it require none of the privileges which, in courts of law, all legal charity bequests do require?then there is an end of the question. But 1 take it that this is conceded?that it is so. This hequest can't stand, or he regarded, except us a privileged testament ; unless this is so, we can't regard it with that special favor which all charitable bequesta are treated with in courts of equity. Thisbaquest, then, if it stand at all must stand upon these peculiar privileges. I now, therefore, shall proceed most conscientiously to argue a proposition which is certainly one of the highest in magnitude that this court was ever called upon to adjudicate?one of the highest and most solemn that this court probably ever will be called upon to adjudicate. It j is, whether, in the rue of jurisprudence, this he a charity at all' i And 1 contend that neither by any judicial law, neither by any decisions of the courts, neither by any process of general reasoning, can this be considered a charity at all. i I agree that the courts of Pennsylvania have full power in this matter?that they have tire power of parens patriot and all the rest. But this question turns not on the jurisdiction of the court, but on the inherent and manifest character of the devise itself. On these points I wish to express myself accurately, clearly. What I say, I have considered and shall stand by. I repeat that this is no charity at all! It is not a charity, because it is derogatory to the Christian religion ; it tends to weaken men's reverence for that religion?it tends to weaken their conviction of Us authority and importance, and thereiore tends to mischievous and not desirable ends. It subverts the only foundation of pure morals, and is therefore subversive of the constitution, public law, and the public policy of the nation. And although not so closely connected with the abstract merits of the question as some other topics to which I shall advert, I cannot, with propriety, omit to notice that this will, this devise, is pointedly opprobrious to tlie clergy of the whole United Status, it brands them all without distinction of sect or party. wo have heard it aaid that Mr. oirard, r>v this win, distributed bis charity without distinction of sect or party. However that may bo, Sir, he certainly has dealt out opprobrium to the whole profession of the clergy, without regard to sect or party. By this minister of the Oospel of any sect or denomination whatever, can l>e authorised or allowed to hold uny'ottice within the College; and not only this, hut no minister or clergyman of any sect can for any purpose whitever enter witnin the walls that are to surround this college. If a clergyman has ? sick, nephew or a sick frandson, he can't, upon any pretext, be allowed to visit im within the walls of the college. The expression is nothing more nor nothing less than this: "You shan't eome here, even as a visiter." Now, I will not arraign Mr. Girard or his motives for this here:I will not enquire into Mr.tlirard's opinions upon religion. But lfeel bound to say-the occasion demands that I should say?that this is the most opprobrious?the most insulting, and unmerited stigma that ever was cast or attempted to be cast upon the preachers of Chiristianilyfrom North to South, from East to West, the length and breadth of the land, in the history of the country. When have they deserved it t Where have they deserved it f How have they deserved it 1 They are not to be allowed even the ordinary rights o( hospitality '. Not even to tie Iiermitted to put their foot over thu threshold of this Colege. It is marvellous, indeed. Sir, lltake it upon myself to say, that in no country in the world,upon either continent, enn there be found a body of ministers of the gospel who perform so much service to man in such a full spirit of self denial -under so little encouragement from government of any kind, and under circumstances, always much straitened and often distressed as the Ministers of the Oospel in the United States, of an nenommauoDS : They form no part of any established order of religion -they form no hierarchy of the government?they enjoy no peculiar privilege*?in some of the ftatca they are even chut out from all participation in the right and privi lege* enjoyed by their fellow citizen*?they enjoy no titties?no public provision of any kind. And except here and there, in large cities, were a wealthy individual occasionally makes them a donation, what have they to depend upon I They have to depend entirely on the voluntary contributions of those who go to hear them. And thi* body of clergymen has shown, to the eternal honor of their own country, and to the astonishment oi the hierarchies of the old world, that it is practicable in free governments to raise and sustain a body of clergymen?that far devotedncss to their sacred calling, for purity of life and character,for learning, intelligence, piety, and that wisdom which Cometh from above?inferior to none and superior to most others?by voluntary contributions alone. I|hope that our learned man linve done something for the honer of literature abroad. I hope that the members of the bar of this country have done something to elevate the character of the profession?I hone that the discussions above (Congress) have done something to ameliorate the con lition of the human race,to secure and extend the great charter of human rights,and to strengthen and advance the great principles of human liberty. Jlut I contend that no literary efforts; no judication;no constitutional discussions; nothing that has been done, or said in favor of the great interests of universal man, has done this country more credit at home and abroad,than the establishment of our hody of clergymen and their support by voluntary contributions. That great truth has been thus proclaimed and proved? (a truth which I liolieve will in time totcome shake all the hierarchies of Kurope) that the voluntary support of such a ministry, under free institutions, is a practicable Idea. Anil yet evorv one of these is by this devise denied the privileges which are at the same time open to the vilest ol our race?every one is shut out from this?I had almost said, minctum?but I will not profane that word, by such a Did the man ever live that had a respect for the chrhtian religion and yet had no regard for any one of it? ministers' Did that system of instruction ever exist that denounced the whole body of christian teachers, and yet call itself a system of Christianity I The learned counsel on the other side see the fallible points of this caso. They are not blind They have, with the aid of their great learning, industry and research, gone back to the time of Constantme?of the Roman Emperors ?the dark ages and the intervening period?down to the settlement of these colonies; they have explored every nook and comer of religious and christian history to find out the various meanings and uses of christain charity ; aud yet, with all their skill and nil their research, they have not been able to find out anything which has ever been regarded as a christian charity, which sets such an opprobrium upon the forehead of all its ministers. If, with all their endeavors, they can find anyone thing which lias been so regarded, they may have their college, and make the most of it. The thing doesn't exist?it never had a being?history doesn't record it?common sense revolts at it. It certainly is not necessary for me to make an ecclesiastical argument in support of this proposition. The thing is so plain that it must instantly commend itself to your honors. It has been said that Mr Oirard was charitable. I am not now going to controvert this. I hope he was. I hope he has found his reward. It has also been anked, " Can'' Mr (lirard he allowed to have his own will?to devise his property according to his own desire. P' Certainly he can in any legal devise, and tlio law will sustain him therein But it is not for him to overturn the law of the land. The law cannot be altered to please Mr. (lirard lie found that out, I believe, in two or three instances in his life-time. Nor can the law he altered tor the magnitude and munificence of the bounty. What is the magnitude and munificence of that bounty which touches the very foundations of human society?which touches the very foundations of ( hristian charity ? which touches the very foundations of public law, and the constitution, and the whole welfare of the State ' What is charity 1 It has givtn to it various significations. In the larger and broader sense it means the kind- 1 ly exercise of the social affections all the good feelings i which man entertain* towardsfman?charity'is love?this i s that charity which is the foundation ol that love the i disciples bore for their Master?of the teachings of the < apostles?this i< that charity which covereth tnesinsof ( men?11 that inftereth nil ttiimm hnneth fill Ihinffs"?or i in a pure popular sense,ft is mareiy aim* giving needs ol I kindness done to others. But the question for your honor* to decide upon is? " whet are charitable use* f)n thi* point we have been referred to thoso mentioned in the statutes of K.lizaheth and other*. There in no doubt a achool of learning is a charity, it is one of those mentioned in the statutes. Such a school of learning as was contemplated by the statute* of Rli/.ibeth. was a charity ; and all inch have borne that name to thi* day. 1 mean to confine myaelf to that deacriptlon ol charity that i* thu* treated of. And to apply that deacription to this case nlone The deviie before us propofes to establish, a* its main object, a school of learning, a college. There are provisions hut all else is subsidiary. The great object is the instruction of the young. And in addition to this proiKjie* to give the children better lood and elothes and lodg ing, and proposes that the system ol education shall be somewhat better than that which is usually provided for the poor and destitute In our public institutions generally. The great object, then, is to establish a school of learning for children, beginning with them at n very tender age, and retaining them under that svstnm till they are on the verge of manhood, when they have expended more thaa oat third part of the average duration ol human W V ( 5T0RK, WEDNESDAY M ire. For if they take them at six and keen them till they : ire eighteen, a period ol' twelve year* will he expended in 1 hit college, which in much more than a third part of the iverage of human existence. These children, then, nre ;o l>e taken almost before they learn their alphaliet, and )e discharged about the time that men enter on the activo susiness of life. At six, many do not know their alphaset. John Wesley didn't know u letter till after he was lix years old, and his mother then took him on her Ian, tnd taught him his alphabet ut a single lesson And this s the case with a majority of narents, and many still Ihink that any attempt to instil the rudiments of education into tha mind of a child, eveu at that early age, is little Setter than labor thrown away. The great object, then, which I wish your honors to Sear in mind?that Mr. (Jirurd seemed to have in view, was toItake these orphans at this very tender age, and to keep them within his walls until they were entering manhood. I never, in the whole course of my life, listened with more sincere delight than to the remarks of my learned incmi nuu uj.cucm inn uu inn limine unaciinrac.ier of true charity. I agree with every word he said on that lubject. I almost envy him his power of expressing so happily what his miad conceived so clearly and correctly, lie is right when lie speaks of it as an emanation of the Christian religion, lie is right when he says that it has its origin in the Word oi <>od. He is right when he says that it was unknown through all the globe till the first dawn of Christianity, lie is right, pre-eminently right, as ho was pre-eminently happy in his power of clothing his thoughts and feelings on the subject. And 1 maintain, that in any institution whore the authority oftiod is disowned, and the duties of Christianity derided and despised, and its ministers shut out from all participation in its proceedings, there can no more be charity?true charity?found to exist, than evil cau spring out of the Uible, error spring out of the bosoiu of truthhatred and animosity come forth from the bosom ot perfect love. No, Sir ! No, Sir ! If charity denies its birth and parentage?if it turns infidel to the great doctrines of the Christian religion?if it turns unbeliever?it is no longer charity ! It is a contradiction in terms ! There is no charity either in a Christian sense, or in the sense of jurisprudence. For it separates itself from the fountain of its own creation. There is uothlug in the history of the Christian religion?there is nothing in the history of liumun laws? either before or after the conquest?there can be found no such thing as a school of instruction from which the Christian religion is excluded. And it is because of this connexion between the charity of a school of instruction and Christianity?it is for that reason that the charity is to he regarded as enti'led to peculiar prviileges in courts oflaw And without this adjunct, it is not a charity. What I say I have considered. And am piepared to stand by. 1 will not say there may not be a charity for instruction in which there is no positive provision lor (he Christian religion. But I do say and do insist that there is no such thing in the history of religion?no such thing in the history of human law?as a charity?a school ot instruction from which the Christian religion and Christian teachers are excluded. It is deprived of that vitality whir.h rnii?:t'?i it to ho rucnnlpfl n rlmritv mid hv ?>u. son of which it is entitled to the special favor of the courts of law. This is the vital question which lias to lie decided by thiR Court. It is vital to the understanding {of what the law is?it is vital to the validity of this devise. If history be true?if there can be no charity in that which opposes Christianity?then it goes far to decide this case. I take it that this Court, in looking at this subject, will see the important bearing of this point upon it. The learned counsel said that the State of Pennsylvania was not an infidel State It is true that she is not an infidel State. She has a Christian origin?n Christian code of laws?a svstem of legislation founded on nothing else, in many of its important bearings upon human society, than the belief of the people of Pennsylvania?their firm and sincere belief in the divine authority and great importance of *he truths of the Christian religion. And she should the more carefully seek to preserve them pine Now, let us look at the condition and prospects ?t these tender children, that are to tie submitted to tl is experiment ol instruction without Christianity. In the first place they are orphans?have no parents to guide or instruct them in the way in which they should go?in that course whose ways arc pleasantness and all her paths are |>eace? no father, no doting mother, to lead them to the pure fount of Christianity?they are orphans ! If they were only poor there would be somebody bound by the ties of human affection to look alter their spiritual welfare?to see that they imbibed no erroneous opinions on the subject of religion ?thut they run into no excessive iw.. ?f i.... .....II ... ?nna../.? *l... ;I.I .......1.1 have lti father or mother to teach it to lisp the name ol iti Creator in prayer, or hymn His praise. But in this experimental school of instruction, if the children have any friends or connexions able to look after their welfare, it shuts them out It is made the duty of the governors of the institution, on taking the child, so to make out the indentures of apprenticeship as to keep it from any after interference in its welfare on the pait of Siardian* or relatives?to keep these from withdrawing em from the school, or interfering with tHrir Instruction whilst thev are in the school. The school or college is to be surrounded by high walls; there are to be two gates in these walls, and no more ; they are to he of iron within and iron-bound or covered without?thus answering more to the description of a castle than any thing else that can be imagined from the provisions. These children are then to be thus guarded for twolveVyean in this?I do not mean to 'say a prison, nor do I mean to say that this is exactly close confinement ; hut it is much more, much closer confinement than ordinarily is met with under thu rules of any institution at present, and has a resemblance to the monastic institutions of past ages, rather than any schoolj for instruction of a enlightened period. All is to be within one great enclosure ; all that is done for the bodily or mental welfare of the child is to he done within this enclosure. It has been said that the children could attend (public worship elsewhere. Where is the proof of this I There is no such provision in the devise : there is nothing said about it in any part of Mr. Oirard's Will: and I shall show presently that any such thing was just as adverse to Mr. Oiraru's whole scheme, as ft would he to preach the doctrinee of Christianity within the walls of the college. These children, then, are taken before they know the alphabet. Thev are kept till the period of early manhood and then sent out into the world to enter upon its business scene*. By this time his character will have been stamped. For if there is any truth in the Bible; if there is any truth in those oracles which soar above all human authority?in this first third of human life, the chatacter is formed. And what sort of a character is it likely to he made by this process, this experimental system of instruction f I have read the two provisions of Mr. (lirard's Will in relation to this feature of his school. The first excludes the Christian religion and all its ministers (rom his walls. The second explains the whole principles upon which he pur poses to conduct his school. It was to try an experiment in education, never before known to the Christian world.' It had been recommended often enough among those who did not belong to the Christian world. Iiut it was never known to exist among?never adopted by anybody even professing a connection w ith Christianity! And leant do better in order to show the tendency und object of this institution, than to read from a paper byBishop White, which has been referred to by thu other side. [Mr Webster here read a long extract relative to Mr. (lirard's will from the life ol Bishop White, page -.133 ] Now, in order to a right understanding of what was Mr. (lirard's real intention, and original design, we have only to read carefully the words of the clause I have referred o. lie enjoins that no ministers of religion, of certain sects which he names, Methodists, Baptists, Presbyterians Stc., Ice , shall he allowed to enter his college on any pretence whatever. And it is worthy of special remark that ill these sects which he speuks of. ami lays restrictions upon, are those belonging to the ministers ot Christianity only. Any of the followers of Voltaire or D'Alembert may have admission into this school whenever theypleased ?Voltaire,belonging to no sect of religion ^while the minis ters of any Christian creed or doctrine are to be now and for ever excluded. The doors are to be opened to the ami raa.lan of (' )l ri?t in n IIV in avarr form ,.,..1 shape. and "hut to its supporter*. While the voice of the upholder of Christianity is never to he heard within the walla, the voicea of those who impugn Christianity may he mined high and loud, till they shake the marble roof of the building ! It ia no more insulting thug to exclude the one and to idmit the other, than it would he to make a positive pro vision and all the necessary arrangements for lectures and lessons and teachers lor all the details ol the doctrines el infidelity. It ia equally derogatory?it ia the same in principle thus to shut the door to one party?and opea the loor to the other. We must|renaon as to the results of such a system accord mg to natural consequences. They say on the other side 'hat infidel teachers will not he admitted in this school (low do they know that t What is the inevitable tendency of such an education as is hare prescribed I What is likely to occur I The Court cannot suppose that the trustees will act in a manner so as to break this will. If they accept the trust, they must fulfil it, and carry out the details of Mr. (iirard's plan. Vow, what is likely to be the efiect of this system on the minds of these children, thus 1%-ft solely to its pernisions influence! With no one to care for their spiritual welfare in this world or the next ! They are to he left ntlrely to the tender mercies of those who will try this experiment of moral philosophy or philosophical mornliy. Morality, without the least benevolence of sentiment llrnevolriicetownrd* man without a sense of duty owards (Jod ! The dutio' of this life performed without any reference to the life which is to come. Half of these poor children may die before the term of heir education evnires Still those who survive must tie iriiiitfht up imbued fully with the inevitable tendencies if thin system. It ha* been said that there may be lav-preacher* among hem. Lay preachers | This Is ridiculous enough in 11 ountry ol Christianity and religion (Here some one landed Mr. Webster n note ) A friend informs me that in our of the principal religion* sect* in thin country?the Kpiscopalinns, Presbyterians, Methodist* and Baptis's? hey allow no lav preacher* ; and these four constitute a arge majority of the religious and christian portion of the leopleofthe United States And, besides, lay preaching vas just a* adverse to Mr Oirard'f original object and vhole plan, as professional preaching ' It is lust as plain -a* plain as language can he made ? hat he did not intend to allow tho minds of these children o be troubled about religion of any kind at all. whilst hey were within the college And why ' lie himself issi'gns the reason. Because of tho difficulty and trouble ic says, that might nrisa from the multitude of sects and ;reed?, and teachers, and the various clashing doctrine* ind tenets advanced by the different preacher* of rhrisianity. Therefore,he said that their mind* should be kept ree from all bias of any kind in favor of any description IRK 1 ORNING, FEBRUARY 14, of christian creed, till they arrived at manhood and Lett his walls Now, are not laymen equally sectarian in their views as clergymen I And it would be just as easy to prevent sectarian doctrines from being prenched by a clergyman, as being taught by a layman ? It is idle, therefore, to speak ol lay preaching. Mr. here rose anil said that they on their side k Uil wt\t lltti'Pftii nna akat?t* 1 aw.ttrosso K ini* 1* ?>o? lay teaching they spoke of.

Mr. Wehster?Well, I'd Just an soon take it that way as the other?tracking at preaching Is not the teaching of laymen as tec arian as the preacning of clergymen?? What is the difference between unlettered laymen and lettered clergymen on this? Every one knows ihat laymen are as violent controversialists as clergymen So this, while it is a little more ridiculous, is equally obnoxious ? (Here there was quite a burst of laughter in the court) According to my experience, a layman is just as likely to launch out into sectarian views, and to advance clashing doctrines, and violent bigoted prejudices, and even a littlo more ?o, than professional^ readier* And the introduction, therefore, of these controversies by laymen, would not be a very edifying mode of teaching, nor would it bo a very edifying example. But there ia no provision in any feature of Mr. Girard'a will forthe introduction of any lay teaching on religious matters whatever. The children ere to get their religion when thuy leave his school, and they are to hare notliing to do with religion before they do leave it. They are then to choose their religious opinions, and not before. Mr. Bihxev?"Choose their tenets'' is the expression Mr. Wkiistrx.?Tenets are opinions, I believe. The mass of one's religious tenets make up one's religion. Now, it is evident, that Mr. Oirard meant to found a school of morals without uny reference to or connexion with religion. But alter all, there is uothiiig original in this plan of his. it has its origin in u deistical source, but nut from the highest school of infidelity. Not fioin ilolingbroke. or Shaftesbury, or Gibbon; not even Irom Voltaire,or D'Alembert. It is from two persons, who were probably known to Mr Uirard in the early part of his life ?it is from Mr Thomas Paine, and Mr Volney. Mr. Thomas Paine in his Age oi Reason says, " Let us dovise means to establish schools of instruction, that we may banish the ignorance that the ancient regime oi kings and priests have spread among tlin people. Let us propagatu morality unfettered by superstition " Mr. Bimsehv.?What do you got that from ? Mr. Wxiister.?The same place that you got Mr. Girard's will from. Paine's Age of Reason The same phraseology in effect is here. Paine disguised his real meaning, it is true. lie said, "let us devise means to establish schools to propagate morality unfettered by superstition " Mr. Uirard, who had 110 disguise about him, uses the plain language to express the same meaning. Let us establish schools of morality, said he, unfettareirby religious tenets lit- nay*, let un givo these children a system of pure morals before they adopt any religion. The ancient regime Paine spoke of as obnoxious was that of kings ami priestr.. That was the popular way he had of making anything oh. noxious that he wished to destroy. Now, if he had nurr. ly wished to get rid of the dogmas which he say * were es' tublished by kings and priests?if he hail had no desire to abolish tho Christian religion?he could iiave thus ex pressed himself:?"Let us rid ourselves of the errors of kings and priests, and plant morality on the plain text of the Christian religion, with the simplest forms of religious worship." I do not intend thus to leave this part of tho cause, however, if my strength holds out And 1 trust I ahull not be considered presumptuous, or as trenching upon the duties that properly belong to another profession. But I deem it due to the cuuse of Christianity to take up the notions of this scheme of Mr. (lirnrd's, and show how mistaken is the idea of calling it a charity?in a more distinct form 1 say this scheme is derogatory to Christianity. because it rejects Christianity from the education of youth, by rejecting its teachers?by rejecting the ordinary agencies of instilling tho Christian religion into the mind* of youth. I do not say that in order to make this a charity there should be a positive provision foi the teaching of Chris'ianiiy. But I say it is derogatory, because there is a positive lefei tion of Christianity?because it rejects tho ordinal y mean* ami agencii s of Christianity. And he who reject* the oidinary means ol accomplishing an end, means to defeat that end itselt, or else he has no meaning. And thai ran la- proven And it will not be supposed, I ti u^t, I am trenching on ground belonging to another profession, if I enlarge a little on that proposition. He who reject* the ordinary means of accomnlishincr mi end. intends to defeat the end itself ? And I say thHt this is trne, although the mean* originally Iw means of human a|>|>ointtiivnt and not attaching or resting on any higher authority For example, if the New Testament contained a setnl principle* of morality and religion, without reference to the mean* by which those principles were to he established; and yet, if in the course of time a system of means hud sprung up, become identified with the history of the world, become general, sanctioned by continued use and custom, then he who rejects those means, would design to reject, and would reject morality and religion itself. This is strictly true, where the end rested on divine authority. and human agency devised and used the means But il the means themselves lie of higher authority, then the subject becomes much more imi*>rtunt?it becomes in its twtiMtviwaie* even nwtul t w lieu vtiese means o( teaching the gospel are appointed by the same authority as the gospel of the New Testament itself. There is not in tho New Testament a religious truth ?there is not in the New Testament a precept of morals more plain?more authoritatively laid down to man than is this doctrine oi the appointment of the Christian ministry. There can lie no such tiling in any intelligent and just view of the Christian religion as to separate the precept?its fulfilment from the authority itself. It is not necessary, your Honors, that I should proceed to argue this to you. Is it not indelibly stamped on the lace of the Christian religion I Was not the Divine command given when the disciples were sent out to preach the Gospel to the lost sheepof the house of Israel? " When they shall hear your words," 8te., was the injunction laid on the Apostles. And alter the resurrection, the proclamation was sent forth that the Christian religion should become the universal religion, instead of being, as heretofore, the narrow inheritane of the Jews?thecommand was given, 1 Go ye into all the world, and preach the gospel to everj creature." 1 say, therefore, lhat there is no authority more clearly set forth, than the authority of appointing the Christian minister; and lie who docs not be lievo the one, cannot, and does not, helieve the other. The mode of annointinir the ministers of the gospel, it ittrtie.ii set forth in different forms hy different sects, but still the authority used hy all is the authority of God himself, as declared to us in his revealed won! Then I can't sec why any attempts should now lie sanctioned to overturn this important arrangement and order of things, resting ns it does on such authority. Why should we shut our eves to the whole history ol this matter? Why do we, this day. enjoy the lights and b-nelits of the'Christian religion. We owe it to the early. successful and continued labors of the f'hristjAn Ministry. Departing from Asia Minor, traversing Asia, Africa, through Kurnpeto Greenland, Iceland, almost to the vers Poles of the Karth, suffering all things, enduring all things, hoping all things, in order to eatry with them the blessings of the Christian religion. And where was the christian religion ever received?where was the Chris'ian rclfgiotiV.-ver planted, or where did it ever take root, but by means of a Christian Ministiy f Did we ever hear of?does the. history of the world accord an instance of a single speck of earth thRt was ever Christianised, hy the elfurts of lay teachers'? Descending from cities down to narishes and villages, we find that the Christian religion was carried every where hy hum in agency, and that igency waa the ministers of the gospel. And the history if the operation teaches us that every where the greatest results have been produced by the early administration ol i hristian tiuths to small circles and in small quantities I maintain, therefore, that this devise is defeclive so lai is regards it being entitled to the legal term of a charity by this leading principle which runs throughout it?the rejection of all the appointed means by which Christianity has been taught since the creation (if the world This plan, as laid down hy Mr Girard, was to place morals iqioii some ground, independent of religion. Because we are told that these youths are to he made very good moralists liefore they get any religion nt all That providon, in itself, is highly derogatory to the Christian reli <lon, because it removes that foundation which all sects regard as the purest and only true foundation for true morality. It says, in effect, that religion is not necessary 'o form sound morality. What can he a higher insult, or more derogatory to Christianity, than this? Is it not es'ahlished as a truth throughout the civilized world, that s system of educntion, in order to inculcate true morality, must have its foundation in religion or religions truths' \nd the system of education that rejects that must be derogatory to Christianity. But at what ageol the ( hristian era have those who professed to tench the Christian reli {ion not insisted on the eai ly teaching of its precepts? to inspire youth at an early age with love and reverence foi 'he Christian religion? In what age?by what sect? where?when?win the ay-item of instruction in religious 'ruths struck out from the education of youth? Whv, no ' No where ! Never! It is the very essence?the vitality-of all our systems of education ! Kronrr this doctrine, Mr. Girard dissents. Tie declares in his Will that it Is not necessary to make it effectual; and therefore f say the devise i? derogatory to Christianity. And he dissents not only from these sentiments?not only from nil 'he admitted and received authorities on the resultN ol Christianity and Christian education? lint lie dissent* from still higher authority?that of the llitde itself. My learned friend who is opposed to me, has quoted to your honors the second commandment in the Bible. But there I is a first eoitiman I nont, which is the Inundation of all reI iigion end all mo-.iti'v It teaches man the great, the aw I fill trnth.t' et thi re i< li'lt ona'rod and the propriety of wor shipping tHut one i ?r>,l I s n I this fes' commandment of (he DptbIoriI" i< lh<< foundation of nil tl.c moral* in (ho fhrl? tian worl '. And when the irutpired founder gave thin liecalogne, he coupled if with'It*- Injunction -"And these words, wiilrlt I command tine ?hi* i' iv, shall be in thj heart And tliou ahalt t?-:ich them dllicC*Dtly onto tin children, and ahalt talk of them when thou ittest in tin house and when thou wulkest by the way. and when thou licet down, Bud when 'hou riseat up And Ihon shah hind them for B sign upon thv hand, nnd they shall!?' n frontlets between thine eye* " I shall now proceed to an authority which. If possible Is even still more sacred, in refer to what occurred when little children came unto the presence of the <*on ol Hod. Many persons, his disciples and others, oiu around Him, and some were for sending them away : but he said ? "flutter them to come onto m* J" I'nto ! Me did not send them to a school of mnrnHty first he did not send them awav to get an education first hi lid not send them to read the philacteral garments of tin nriests to learn the difference of creeds- he did not sat to his disciples, "Make them (food moralists and then bring them to me " But he said " Suffer little children to come unto wis"?to me, at once Ami that injunction addrosses Itself this day to ns with erjtial force?it is held euoally Imperative on every Christian mind It proceed ed from the same authority?the Throne above as proceeded the rest of the commands of the Bible, And not only my heart and judgment tella me that this great pre HERA , 1844. c.ept should be enforced?but the ideals ?o sacred?the solemn thoughts connected with it, so crowd upon me?it it to utterly at variance with this system of philosophical morality which wu have heard advocated?that I stand and ! tpeak herein leur of being influenced by my feelings to exceed the proper line 01 my duty at an advocate. Go tli v way, at this time, ia the language of philosophical morality, uud I will aeud for thee at a more convenient season. Thit it the langiiagu of Mr. Girard in hit will. At if man's duty and destiny, and the most urgent and crying wants of our intellectual nature, did not demand that this should lie the first attended to, and the earliest instilled, in the education of au immortal I eing. When au intellectual huing finds himself on this earth, as soon as the faculties of reason operate, one of the first enquiries of his mind is, " Shall I he here al way s t" "Shall 1 bo here l'or ever I" And those writers who hnve been celebrated for their essays on the dignity of human reason. say that, of all sentient beings, nisn only is competent of knowing that ho is to die. Mis Muker has made mini I only able to come to the knowledge of the tact. Ifefore | hu^kuows hi*origin and destiny, he knows that he is to I die ! Then comus that most urgent and solemn demand | lor light that ever entered the mind ol man, which is net forth in that moat incomparable composition, the Book of Job?" Kor there ii hope of a true, if it be cut down, tliut it will sprout again, and that the tender branch thereof will not cease ; that through the scent of water it will bud and bring forth houghs like a plant.? But if man die, shall he live again 1" And that question nothing hut God, and the religion of God, can solve. Heligion does solve it, and teaches to even' nan thnt the duties of this life have reference to the life w hich is to come?that moral conduct,founded on this great religious truth la, the end the object of hi* destiny. And hence,since the introduction of Christianity, it has been the duty,,as it lias been the elfort ot the great and the good, to sanctify human knowledge ; to bring it, as it were, to the baptismal Ibunt?to baptise letters with the sacred influence of the '"hristion religion; to bring all, the early arid the lute, to the same sacred source, and sanctify them for the use and blessing of the human race. [Here Mr. Wv.Bsrr.n stated that he would trouble the Court by reuding a passage from 'Coleridge's Lay 8er mons," having reference to this peculiar purt of the argument ; but alter searching for somu time, he could not find tho passage which hu wanted ] Another important point involved in this question is, that if this is to be considered a charity, what then lie comns of the Sabbath day?the Christian SubbuHi ! I do not mean to say that this stands on the same authority us tho Christian religion; but I mean to say '.lint tho observance of the .Sabbath is h part uf Christianity in all its forms. All Christians admit the observance of the Sabbath. All admit that ttiero is a Lord's Day, although there may be a difference in toe belief as to which i? the right day to beobsrrved. Now, I say that in this institution, under Mr, Girard's scheme, the ordinary observance of the Sabbath could not take place, because the ordinary means of observing it, employed by clergymen, are excluded. I know that 1 shall be told here,al?o, that lay teachers would come in again ; and I say again, in reply, that where the ordinary means oi attaining an end are excluded, the intention is to exclude the end itself. There can be no Sabbath in this College?there can be 110 religious observance of the Lord's Uav; for there are no means for attaining that end. It will be said that they would be permitted to go out. There is nothing seen of this permission in Mr. Girard's Will And 1 say again, that it would be just us much opposed to Mr. Girard's whole scheme, to allow these children to go out and ui tend places of public worship on the Sabbath day, as it would be to have ministers ol religion to preach to them within the w alls ; because, if they go out to hear preach iug.thny will hear just ns much about religious contioversies, ami clashing doctrines. and more than if appointed preachers hfcliHortU in the College. But lus object, as he states, wns to Iteep their minds fret; from all religious doctrines and sects?and he would just a* much defeat his ends by sending them out as though he hnd a religious establishment u ithin his walls. Where then arethese little children to go I Where cro they go to learn the truth? to reverence the Sabhnthf They are far from their friends?they have no one to accompany them to any proper place?no one to show them the right from the wreng course?their minds must be kept clear from all bias on thu subject?and they are just as lar from the ordinary observances of the Sabbath, as though there was no Sabbath day at all. And in connexion w ith this subject 1 will observe, that there has been recently held a large convention of clergymen and laymen in ( ultimhus, Ohio, to hung the minds of thu Christian public to the importance of u more pur ticular observance of the Christian Sabbath; ami I will read, as part of my argument, an extract (rom thu address which bear* with peculiar force ujion this case. " It is alike obvious that the Sabbath exerts its snlu nrv |<owur by making the population acquainted with the being, perfections and laws of tfod ; with our relations to Him as his creatures, and our obligations to Him as rational, accountable subjects, and with our character as sinners, for w hom His mercy has provided a Saviour ; under whose government we live to be restrained Irom sin and reconciled to (iod.and titled by His word and spirit lor the inheritance above. I " It is by thu reiterated instruction and impression which the fsnbbath imparts to the population ol ? notion by Iho n?oral principle which it form* ? by theConscience which it maintains by the habit* of method, ch auliness Hint industry' 't creates?by the rest and renovated vigor it bestows on exhausted animal nnture?by the lengthened life and higher health it aflords?by the holiness it inspire*, and cheering hopes of heaven, and the protection and favor of God which it* observance insures?that the Sabbath is rendered the moral conservator of nations. " The omnipresent influence the Sabbath exerts, however, by no secret charm or compendious action, upon masses ol unthinking minds ; but hv arresting the stream of worldly thoughts, interests and affections- stopping the din of business? unlading the mind of it* cares and re spansihilities, and the body of its burdens, while Ood ?peaks to inen, and they attend and hear and fear, urid learn to do His wilt. " You might ns well put out the sun, and think to enlighten tlie world with tapers?destroy the attraction ol gravity, and think to wield the universe by human powers, a* to extinguish the moral illumination ol the Sabhath, and break this glorious mainspring of the moral government of God." And I would ask, would any ChriFtian man consider it desirable for his orphan children, alter hi* death, to find refuge within this usylum, under nil the circiim*t?iice? and character and characteristics which belong to it ?? Are there, or will there he any (Christian parents who would desire that their children should he placed in this school, to tic for I j years exposed to the certain exposure to those pernicious influences which mns" be hiought to hear on his mind ? I very much doubt if there is any IJhrielian father wno hears me this day. and I am unite sure that there is no ( liriatian mo'her. who, if they were now call ed upon to lie down on the bed of death, although they had to leave their children as poor us children can be left who would notjrather trust them to theChristiun charityoi the world, however uncertain it ha* been said to bp, than to place them where their physical wants and comforts would he abundantly attended to, but awny Irorn the solaces, the consolations, the graces and the grace of the Christian religion! They would rather trust them to the mercy and kindness of that spirit which, when it had nothing else left, gave ? cup of water in the name of h disci pie-to that spirit which had it* origin in the fountain ol *11 good, atul of which we have oil record an example the most beautiful, the most touching, the most intcnscls affecting that the world's history coetains?I mean the ottering, of the poor widow who threw tier tun miteairitr tlie treasury ! What more touching, morn solemnly nf (ecting example could we find than w as here exemplified by that poor woman, whose name we know not?whose f tribe wo know not?whence she came, or whither she went?of whom there is nothing left upon recoid hut this sublimely simple story, that w hen the rich came to can their proud offerings into the treasury, this poor woman nmo also, and cast in her two mites ; one farthing I And that example has heen read, unit told, and gone?sunk deep into a hundred millions of tiearts since the commence, tnetil of the Christsan Kra?and that example has done more good than mold tie accomplished hy a thousand marble palaces?because it was charity mingled with trui lienevolence?given in the fear, the love, the service, and honor of her (tod- because it wns charity ?as all true charitv has?that had ita origin in the law of (tod he, cause it whs a gift to the honor and glory of (tod! In many legacies that have been left, they have been spe cially denominate ' a gift to Ood ? anil they have comi under the term, for charitable uses Itut can that la truly called a charity which flies in the face nf all (to haws of (tod, and all the usages of Christian man 1 I irraign no man for mixing up a love of distinction and notoriety ol character with his charities I blame not Mr 'brand because he desired to raise a splendid marble pnlac> in the neighborhood nf a beautiful city, ttiat should enlore for nges. and transmit his name and fame to posterity His charities may have Iwen well intentioned. hut it is no' o be valued, if it has not fhn chastening Influences ol rue religion?if it has no fragrance of the spirit ot ( hri? tianity. It is not a charity, for It has not that whicl sjves to charity its vitality. I now come to the consideration of the second part nl this clause in the Will the reasons assigned by Mr fit rued (fir mnlfiiifr tliese restriction* Teifli refrnrd tn tlie mln liter* of religion ; and I aav that thc*r are an ilerogator) to t hrintianily as i* the main provision Itaelf rgrludiriir them. lie nay* tliHt there in auch n multitude of ?cr.t> and diveralty r.f oninion that he will cicliula all religion and all ita miniater* In order to heep the mind* of the rldl dren tree from claahing controvertie* Now, doe* not tliin tend to auhvert all belief in the tine of teaching the Chriatian religion to youth at all I To any that the evil reuniting to youth from tb<> dilTerencraof aorta and erred* overbalance* all th?* henofita which the brut of education* enn (five them > Rrrau?e ol the variety of root* and brain lira, and lieeHine they orcamonally commingle with or rroia each other, that, therefore, they will reject tin hody nl Christianity it"elf t That all the root* anil branches of the tree of ridiglniu knowledge are an twi t ed, and twined, and commingled. and all ?o run inli ind over each other, that there |a, therefore no remedy Imt to lav the ate to the root of the tree (tariff It meana that?and nothing more thnn that toil nothing le*a; Now, if there ran he any tl me more di rogatory to the Chriatian lellginn than thli, I should like to aee it. Now in 11M thi* we * the attaek made upon the religion lt?elf. through the alleged min nndtirt of it* memhera And that'a tin objection urged hv all the lower and mere vulgar school* of infidelity throughout the world In all those -liooN railed schools of Rationalism In Oermanv fociili?m ir Krgland, and varum* other name* in varimi* cnuntne* vhich they infe?t The firat aten of all the?e phi'nsnphi al moralists and regenerator* of the I uman rare, |? to it 'ark the agrnrv through which religion and t liristianlC i* ?dmlni?tere I to man Hut in thi< there i? nothing nee or original VVe find the tame mo le of attack and remarV in Pninn'a " tee of Reaton " At page 33rt, tie sav* " Thi Bramln, the follower of Zomaster the lew, the Mahometan, the Miurch of Rome, the (irrrk Church, the Prote?t tant Church aplit into several hundred rontradirtorv sectarie*. preaching in aoma inatancea damnation against each other, all cry out, ' Our Ao/y rtlipoit," JLD. Prteo Two Coo to. A rid the aame wn tind in VoJney'a Rulnaof Empire* Hh array i in a aemirircle (ha different and conflicting re ligiona of the world. "And, tint," tayi be. "auirotiudad by a group, iu vanuu* tuutaaiic dreia, that contused on*ture ol violet, led, white, black, and apecklrd geimeuia, with bead* uhaved, with tonauie*, or with boitbaiia, with red hata, aquare tionueta, pointed nutrea, or long boaida, ia the atui.dard ol the itomau 1 omit! On hi* right, ) on ace the Greek I'ontul, and on the aie the a.enUhida ol two rtcent cbiela, iLutLer and Calvin,) who, .baking otlayoku that hud tiecome tyianulcal, bad tailed alUr agaiuat altar in their reloriu, know levied hall ol Euiova lioin itie Pope, lit hind theae aie tlie vtiLaitein Mat*, vobdivided tioiu the principal diviun nu the Neuioilana, Euty chtHua, Jacobnaa, Icouociavta, AnabvplivU, iieubyteriuua, VVickhltliea, Oriandiiani, .Vauithceui., I'ltiivu, Adauillea, the t outcinpleuvet, the (<lieh. la, the Vt ttpera, and a hun.uad otheia, all ol Ulatinct partica, peiutcunng, wbuil vtiong, tolerant when weak, Luting each other in the name ol the (tod ol peace, loimnig each a., ehcluaiva heaven in a lejigion ol univeiaui chanty, dawning each other tu pains without end in a lutuiu statu, and realizing hi tins world thu imaginary hell ot tin- other " Can It bo doubled lor an invtaai that sentiments like these am de-rogalury to tl??* ihustiau teltgiou I Andyet ou grounds and leasons, exactly Ihttc?not tile these?but ixuiily thmI?Mr. Girard bun; , tin excuse lor excluding Cliiikiiauuy and its minister* fiuui his school ; and yet expects that this Court will decide tins to le a chanty w the meaiiiug ot the lavs, and as such entitled to the peculiar privileges ol ail thiisnau divines lor chailiable uses. These aie his own words, las own reasons, stated heie by the learned counsel, giving to them all the foice ol their own weight ot Chaiactur and earnestness ol aigument could give them, and wliut have they lound that can be said In re in tutor ol thu devise that bus not lieen argued by Mr. Girard himself iu his own Willi K has heeu said that Mr. Girard was iu u ditficulty? that he was the judga and dispost rof his own propeity. We have nothing to do wiui his dilhcullles. it has been said, that hemust have done us ho did do, because there could he no ugieement, otlurwtse? agieemeut 1 among whom? about what I lie was at hourly to make a cnarity as lar as be could do so, with his views, lie had to consult no one us to what he should do in the matter. And 11 he had wished to muke that chanty so that it might obtain the especial favor of the courts ol law, he had only to word the devise so as to ensure that lesuit. But the learned gentleman went even farther than this, and to an extent that 1 legrelted ; he said that there waa as much dispute about the Bible, as about any thing else iu Ibc world No ! thank God, that is uot the case ! iitvnxi.?The disputes about the meaning ol words and passages ! yon will udmit tbul ? Wsrsixh ? Well, there is u dispute about ths translation of certain words ; but if this be tiuo, theie's just aa much dispute about it out ol .Vlr. Gitaid's institution us there would he 1' it was in it And if this plan la to lie advocated and susluined, why don't every niau Weep his children trom attending all plue'cs of public woishi|i until they are over 18) eurs ol age I He says (hat a piudeat parent k-e-ps his child liom the iulluencu of sectarian doc n... ->v Uil.irh I mil- l,ini t? mean thole leasts that are u] po-ed to hi* ow u. U ell, 1 don t know but w bet that plan i* a> likely to make bigots aa it la likely to makn uny thing else. 1 grant thai the miud of youtu should be kept p.iiu.t, and lieetrom ull undue and eirontuus influence*?lliut it aliould have aa muck play aa la conaiateiit with prudence ; but put it wheie it can obtain the elanientary prinoiplt a ol religious truth at any rate?those broud and geuurril precupta which ore admitted by ail Christians. But beio in t bit ache me of Mr. On aid a, all aecta ami all cieeda are denounced. And would not a prudent father rather send his child w hern he could get . ny fuim of the Christian leligion rather than none at ail I There are many instances of uiatitutiona. protesting otto leading creed, educating youths ut ditieieiit aecta 1 ha Uaptiat College in llhude Island leceives and educatea y outha of all teligioua aecta und ull belieis. The colleges all over New hi.gland ditlrr in ceituin minor poiuta of belief, nnu yet that it held aanogiuund lor excluding thu youth with other forma ol belul, and other religious view* und sentiments. So with the Methodists? and with all creed*. But this objection to the. multitude aud differences of sect* i* but thu old story ?the old infidel argument. It 1* notorious that there uie certain great religious truth* which arn admitted und brlieved by ail C hi isiiuns ! All bcheve in the existence of u Uod. All believe in the immortality of the soul! All b< lirvn in the tesponaihUltyin another world torour conduct in this. Ah believe us the Divine authority of the New Testament. Aud Dr. I'uytie (although not very high as a Divine) says that a single pea-age from the New Testament shuts up the uiouih of human ipiuatiouing. und concludes the amount I of human reasoning. And cant all these great tint tie hu taught to children without thfir minds being jierplexed with clashing doctrine* and sectarian contiuvarsw* 1? Muit cut tunny they can .And to compare secular with religion! rnottrri, what would become ol the organizutiun ol society I what Would become ut mnn as a lociai being, in connexion with the social we applied this modeot r< atoning to htm in his social relations / We have u coniti'iilional govern ment, about the poweri, and limitation!, ami utet ol u lilch there is a \ list amount ol diiterencea ut belief. A our honor* have a body ol law*, in relation to which dilUrviicas of opinion almost innumeiuble are daily spiewd before iho court*?in all these we hi e clashing doctiiuei and opinion! advanced daily to us great an extent ai in the reli gioui world. And apply the reasoning advanced by Mr. (jtrard to human institutions, and you will tear them all up by the root ; as you would inevitably tear all Divine institutions up by the loot, if inch reasoning is to i cceive the sanction of lew At ibe meeting of the first Cong ie?? there was a doubt in the mindi ut many abuut the piopnety of opening the name w ith pray er.and the reason assigned wai as heie, that there w as so much diversity ol opinion and religious belief Until at lust, Mr bnmind Adam-, with his gray hairs hanging about hi* shuiildeis, and with an impressive' venerabletiesi now seldom to be mil with? (I suppose ow ing lo the diflerence ol habits)?rose in that assembly, and with the air of a perfect Pmilan, said it did not become men? piolessing to bet hiistian men?w bo had come thero for solemn deliberation in tin* hour of their say that there was so wide a dilTeiencc in their religious lieliet that they could not as one man bow the knee in prayer to the Almighty , whose advice and they bojted to obtain. And, indeja-ndi nt as be was, and an enemy to all prelacy as he wai known to 1 e, he moved that the Rev Mr. Dushay ,< f the Episcopal Church, should address the 'i hrone of Oiace in pisy er And that lohri Adams, in his letter to hi* wile, say* that ue nevtr saw u more moviug spectacle. Mr. Dushay read the I'niicopnl servne of the Church of England, and then as if moved by the occasion, he broke out into exlem|otaneous prayer. And those men who then wete about to re- uit to lorce to obtain their rights were moved to tears; and flood* olteara ran dow n the cheeks ol the pacilic Quekei* who loimed part of that must interening usatmblv. And depend upon it, that where there is a spn it of < hriatianity. that tlieie t* .1 spirit w hich rises above form, above ceistnonii *. independent ot sect or cteed, and the controversy of clashing doctrines. And according to the argument of my learned friend, the consolations of religion cannot ever be administered to any of these sick and dying children Bub it it said that lie can be carried out beyond the walls of the school Ha ' an he carried out. To a hostelry?or hovel, anil there receiv these rights of the Christian religion which cannot he performed within those w alls, even in his dy ing liour why, it would he a desecration of all the riies of he I hrislisn religion, to huvethem obtained and ptrloimcd in this way Rut it it iikui<il uhflt rmild Mr r*irt*rr! Itovo /Innnf lit* ' oulil have ('one ait lias been done in Lonibardy by lb* Knipcrorof Austria?wherein a large institution the priniple is established of teaching the ? It -metitar y principle* of theChristian religion-ol enforcing bun an dutlsi by lit inn obligation*? and carefully ahs'ainirg in all case* from interfering with sects or the inculcation of sectarian lortrines. How have they done in the schools of New Knglandl There the grent elements of Christian truth are taught in every school,as far as I am acquainted with hem. The |.arable* the sermon on the Mount and a vast .leal of other matter of n similar nature, are allowed to be read and taught in all of them I shall close this part of my argument by reading eritrHftn Irnm ati Lnglish writer, one of the most pro'nuna (linkers of the age- a friend of reloimation in the government and laws Jonn Foster, the friend and associate of Hubert Hall Looking forward to the abolition of the present dynasties ot the old world, and desirous to see now the ordsr and welfare of society is to be preserved in the absence of this present great onservative principle he says? " Undoubtedly ihe zealous fr lend* of popular education iccotint know lei'ge s aluable absolutely. s? being the apprehension of things as they are; a pretention of delusion ; and so far a fitness for right volitions. ' Rti' thev consider n Ugh n (besides heir e ('self fhe primary and infinite!) the most important p*rt o! k' ow ledge) >s a mini Inlr indjsnen-ahle for sernrii a the full hem fir i I <111n?* mat II li ilrtiinl, and mdrnvnii d that tl e under landing* 0^ these open dig minds rr ny he t hen po?ses>ton if bv just and solemn idens of their relation to the Kterual Almighty Bring ; that they nioy bo taught to apprehend it a* tin awful reality; that they nrr perpetually unlor Hi* inopection ; atul ? a certainty. that they mint at length appear before Him in judgment and find. In ano 'her life, the consequences of what they are in opirit and conduct here It i? to be impressed on them, that Hi* will la the supreme law, that Hi* derlnrntiono are the moot momentous tiutha known on earth ; and Ilia favor and conlemnation the greatest good and evil Under an aaeend inoy of thia divine wiadom it ia. that their dloeipline in an r other knowledge ia < aligned to be conducted ; lot ft nothing in the mode ?f 'beir instruction may have (tendency contrary o it. and every thing lie taught in a manner rerogninng the relation with |f. aa far no ohall conaiat w ith a natural unforced way ol keeping thia relation in view Tlitl* It i? '"tight In l-cirrured. that a' the pupil's mind grow o atronger and multipliea ita reaonrv'e* atid he her?fore h >? necesaat ily more pow er and meano for what 10 wrong the) mat be luminously presented to him. a* ,f celestial eyeo vi?ib|v heamed ujion him, the most solemn dea* that rtin enforce what is tight such jo the discipline meditated frr preparing the hi. ina'e clio io to pursue their individual welfare, III I net their part as membersot the community All this ia to be taught in msnv instances directly. in vthero tiv re'erepee fur conformation from the (loir ?crtp ures from which authority will also lie inrested sll he while the principles of n-'iglnn \nd relic on while to vrun I cnticnn is u i'h the ustr of the onul towards riod and eternal Interests yet takes every ptinciple and nle of morals nnde^ro iieremptnn osnctjon; trakog'he ' Imnr. obligation and n-spen?il ility he towards Ood,of VI rv thing 'hat Is a dtitv ? |th r<-spect to men An that with the sub net* of this duration the source trpr ipri'M shall tie conoeienre the consideration of how 'hey ought to be regulated in their rnndnrf as a part of he community, shall he the recollection that their temfor ti heaven, dictates the laws of that eonduct and will Jttliciallyhold them amenable for every part of it. " tnd ia it not a discipline thus addressed to the purpose of fixing religions principles in ascendancy, as far as that diflicult object li w ithin the powar of diictpLna,

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