The second of these restrictions is in the following words:--

"Secondly. I enjoin and require _that no ecclesiastic, missionary,

or minister, of any sect whatever, shall ever hold or exercise any

station or duty whatever in the said college; nor shall any such

person ever be admitted for any purpose, or as a visitor, within

the premises appropriated to the purposes of the said college_.

"In making this restriction, I do not mean to cast any reflection

upon any sect or person whatsoever; but, as there is 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

controversy are so apt to produce; my desire is, that all the

instructors and teachers in the college shall take pains to instil

into the minds of the scholars _the purest principles of morality_,

so that on their entrance into active life they may, _from

inclination_ and habit, evince _benevolence towards their

fellow-creatures, and a love of truth, sobriety, and industry_,

adopting at the same time such religious tenets as their _matured

reason_ may enable them to prefer."

The testator having, after the date of his will, bought a house in Penn

Township, with forty-five acres of land, he made a codicil, by which he

directed the college to be built on this estate, instead of the square

mentioned in the will, and the whole establishment to be made thereon,

just as if he had in his will devoted the estate to that purpose. The

city government has accordingly been advised that the whole forty-five

acres must be enclosed with the same high wall as was provided in the

will for the square in the city.

I have now stated, I believe, all the provisions of the will which are

material to the discussion of that part of the case which respects the

character of the institution.

The first question is, whether this devise can be sustained, otherwise

than as a charity, and by that special aid and assistance by which

courts of equity support gifts to charitable uses.

If the devise be a good limitation at law, if it require no exercise of

the favor which is bestowed on privileged testaments, then there is

already an end to the question. But I take it that this point is

conceded. The devise is void, according to the general rules of law, on

account of the uncertainty in the description of those who are intended

to receive its benefits.

"Poor white male orphan children" is so loose a description, that no one

can bring himself within the terms of the bequest, so as to say that it

was made in his favor. No individual can acquire any right or interest;

nobody, therefore, can come forward as a party, in a court of law, to

claim participation in the gift. The bequest must stand, if it stand at

all, on the peculiar rules which equitable jurisprudence applies to

charities. This is clear.

I proceed, therefore, to submit, and most conscientiously to argue, a

question, certainly one of the highest which this court has ever been

called upon to consider, and one of the highest, and most important, in

my opinion, ever likely to come before it. That question is, _whether,

in the eye of equitable jurisprudence, this devise be a charity at all_.

I deny that it is so. I maintain, that neither by judicial decisions nor

by correct reasoning on general principles can this devise or bequest be

regarded as a charity. This part of the argument is not affected by the

particular judicial system of Pennsylvania, or the question of the power

of her courts to uphold and administer charitable gifts. The question

which I now propose respects the inherent, essential, and manifest

character of the devise itself. In this respect, I wish to express

myself clearly, and to be correctly and distinctly understood. What I

have said I shall stand by, and endeavor to maintain; namely, that in

the view of a court of equity this devise _is no charity at all_. It is

no charity, because the plan of education proposed by Mr. Girard is

derogatory to the Christian religion; tends to weaken men's reverence

for that religion, and their conviction of its authority and importance;

and therefore, in its general character, tends to mischievous, and not

to useful ends.

The proposed school is to be founded on plain and clear principles, and

for plain and clear objects, of infidelity. This cannot well be doubted;

and a gift, or devise, for such objects, is not a charity, and as such

entitled to the well-known favor with which charities are received and

upheld by the courts of Christian countries.

In the next place, the object of this bequest is against the public

policy of the State of Pennsylvania, in which State Christianity is

declared to be the law of the land. For that reason, therefore, as well

as the other, the devise ought not to be allowed to take effect.

These are the two propositions which it is my purpose to maintain, on

this part of the case.

This scheme of instruction begins by attempting to attach reproach and

odium to the whole clergy of the country. It places a brand, a stigma,

on every individual member of the profession, without an exception. No

minister of the Gospel, of any denomination, is to be allowed to come

within the grounds belonging to this school, on any occasion, or for any

purpose whatever. They are all rigorously excluded, as if their mere

presence might cause pestilence. We have heard it said that Mr. Girard,

by this will, distributed his charity without distinction of sect or

party. However that may be, Sir, he certainly has dealt out opprobrium

to the whole profession of the clergy, without regard to sect or party.

By this will, no minister of the Gospel of any sect or denomination

whatever can be authorized or allowed to hold any office within the

college; and not only that, but no minister or clergyman of any sect

can, for any purpose whatever, enter within the walls that are to

surround this college. If a clergyman has a sick nephew, or a sick

grandson, he cannot, upon any pretext, be allowed to visit him within

the walls of the college. The provision of the will is express and

decisive. Still less may a clergyman enter to offer consolation to the

sick, or to unite in prayer with the dying.

Now, I will not arraign Mr. Girard or his motives for this. I will not

inquire into Mr. Girard's opinions upon religion. But I feel 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 Christianity, from

north to south, from east to west, through the length and breadth of the

land, in the history of the country. When have they deserved it? Where

have they deserved it? How have they deserved it? They are not to be

allowed even the ordinary rights of hospitality; not even to be

permitted to put their foot over the threshold of this college!

Sir, I take it upon myself to say, that in no country in the world, upon

either continent, can 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 almost always much straitened and often

distressed, as the ministers of the Gospel in the United States, of all

denominations. They form no part of any established order of religion;

they constitute no hierarchy; they enjoy no peculiar privileges. In some

of the States they are even shut out from all participation in the

political rights and privileges enjoyed by their fellow-citizens. They

enjoy no tithes, no public provision of any kind. Except here and there,

in large cities, where a wealthy individual occasionally makes a

donation for the support of public worship, what have they to depend

upon? They have to depend entirely on the voluntary contributions of

those who hear them.

And this body of clergymen has shown, to the honor of their own country

and to the astonishment of the hierarchies of the Old World, that it is

practicable in free governments to raise and sustain by voluntary

contributions alone a body of clergymen, which, for devotedness to their

sacred calling, for purity of life and character, for learning,

intelligence, piety, and that wisdom which cometh from above, is

inferior to none, and superior to most others.

I hope that our learned men have done something for the honor of our

literature abroad. I hope that the courts of justice and members of the

bar of this country have done something to elevate the character of the

profession of the law. I hope that the discussions above (in Congress)

have done something to meliorate the condition 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. But I contend that no

literary efforts, no adjudications, 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 body of clergymen, their support by

voluntary contributions, and the general excellence of their character

for piety and learning.

The great truth has thus been proclaimed and proved, a truth which I

believe will in time to come shake all the hierarchies of Europe, that

the voluntary support of such a ministry, under free institutions, is a

practicable idea.

And yet every one of these, the Christian ministers of the United

States, is by this devise denied the privileges which are at the same

time open to the vilest of our race; every one is shut out from this, I

had almost said _sanctum_, but I will not profane that word by such a

use of it.

Did a man ever live that had a respect for the Christian religion, and

yet had no regard for _any one_ of its ministers? Did that system of

instruction ever exist, which denounced the whole body of Christian

teachers, and yet called itself a system of Christianity?

The learned counsel on the other side see the weak points of this case.

They are not blind. They have, with the aid of their great learning,

industry, and research, gone back to the time of Constantine, they have

searched the history of the Roman emperors, the Dark Ages, and the

intervening period, down to the settlement of these colonies; they have

explored every nook and corner of religious and Christian history, to

find out the various meanings and uses of Christian charity; and yet,

with all their skill and all their research, they have not been able to

discover any thing which has ever been regarded as a Christian charity,

that sets such an opprobrium upon the forehead of all its ministers. If,

with all their endeavors, they can find any one thing which has been so

regarded, _they may have their college_, and make the most of it. But

the thing does not exist; it _never had a being_; history does not

record it, common sense revolts at it. It certainly is not necessary for

me to make an ecclesiastical argument in favor of this proposition. The

thing is so plain, that it must instantly commend itself to your honors.

It has been said that Mr. Girard 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 asked, "Cannot Mr. Girard be allowed to have his own will, to

devise his property according to his own desire?" Certainly he can, in

any legal devise, and the 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. Girard. He found that out, I believe, in two or three

instances in his lifetime. Nor can the law be altered on account of the

magnitude and munificence of the bounty. What is the value of that

bounty, however great or munificent, which touches the very foundations

of human society, which touches the very foundations of Christian

charity, which touches the very foundations of public law, and the

Constitution, and the whole welfare of the state?

And now, let me ask, What is, in contemplation of law, "a charity"? The

word has various significations. In the larger and broader sense, it

means the kindly exercise of the social affections, all the good

feelings which man entertains towards man. Charity is love. This is that

charity of which St. Paul speaks, that charity which covereth the sins

of men, "that suffereth all things, hopeth all things." In a more

popular sense, charity is alms-giving or active benevolence.

But the question for your honors to decide here is, What is a charity,

or a charitable use, in contemplation of law? To answer this inquiry, we

are generally referred to the objects enumerated in the 43d of

Elizabeth. The objects enumerated in that statute, and others analogous

to them, are charities in the sense of equitable jurisprudence.

There is no doubt that a school of learning is a charity. It is one of

those mentioned in the statutes. Such a school of learning as was

contemplated by the statutes of Elizabeth is a charity; and all such

have borne that name and character to this day. I mean to confine myself

to that description of charity, the statute charity, and to apply it to

this case alone.

The devise before us proposes to establish, as its main object, a school

of learning, a college. There are provisions, of course, for lodging,

clothing, and feeding the pupils, but all this is subsidiary. The great

object is the instruction of the young; although it proposes to give the

children better food and clothes and lodging, and proposes that the

system of education shall be somewhat better than that which is usually

provided for the poor and destitute in our public institutions

generally.

The main object, then, is to establish a school of learning for

children, beginning with them at a very tender age, and retaining them

(namely, from six years to eighteen) till they are on the verge of

manhood, when they will have expended more than one third part of the

average duration of human life. For if the college takes them at six,

and keeps them till they are eighteen, a period of twelve years will be

passed within its walls; more than a third part of the average of human

life. These children, then, are to be taken almost before they learn

their alphabet, and be discharged about the time that men enter on the

active business of life. At six, many do not know their alphabet. John

Wesley did not know a letter till after he was six years old, and his

mother then took him on her lap, and taught him his alphabet at a single

lesson. There are many parents who think that any attempt to instil the

rudiments of education into the mind of a child at an earlier age, is

little better than labor thrown away.

The great object, then, which Mr. Girard seemed to have in view, was to

take these orphans at this very tender age, and to keep them within his

walls until they were entering manhood. And this object I pray your

honors steadily to bear in mind.

I never, in the whole course of my life, listened to any thing with more

sincere delight, than to the remarks of my learned friend who opened

this cause, on the nature and character of true charity. I agree with

every word he said on that subject. I almost envy him his power of

expressing so happily what his mind conceives so clearly and correctly.

He is right when he speaks of it as an emanation from the Christian

religion. He is right when he says that it has its origin in the word of

God. He is right when he says that it was unknown throughout all the

world till the first dawn of Christianity. He is right, pre-eminently

right, in all this, as he was pre-eminently happy in his power of

clothing his thoughts and feelings in appropriate forms of speech. And I

maintain, that, in any institution for the instruction of youth, where

the authority of God 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 can spring out of the Bible, error out of truth, or hatred and

animosity come forth from the bosom of 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! There is no longer 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 nothing in the history of the Christian religion; there is

nothing in the history of English law, either before or after the

Conquest; there can be found no such thing as a school of instruction in

a Christian land, from which the Christian religion has been, of intent

and purpose, rigorously and opprobriously excluded, and yet such school

regarded as a charitable trust or foundation. This is the first instance

on record. I do not say that there may not be charity schools in which

religious instruction is not provided. I need not go that length,

although I take that to be the rule of the English law. But what I do

say, and repeat, is, that a school for the instruction of the young,

which sedulously and reproachfully excludes Christian knowledge, is no

charity, either on principle or authority, and is not, therefore,

entitled to the character of a charity in a court of equity. I have

considered this proposition, and am ready to stand by it.

I will not say that there may not be a charity for instruction, in which

there is no positive provision for the 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 of

instruction for children, from which the Christian religion and

Christian teachers are excluded, as unsafe and unworthy intruders. Such

a scheme is deprived of that which enters into the very essence of human

benevolence, when that benevolence contemplates instruction, that is to

say, religious knowledge, connected with human knowledge. It is this

which causes it to be regarded as a charity; and by reason of this it is

entitled to the special favor of the courts of law. This is the vital

question which must be decided by this court. It is vital to the

understanding of what the law is, it is vital to the validity of this

devise.

If this be true, if there can be no charity in that plan of education

which opposes Christianity, then that 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, a Christian code of

laws, a system 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 the truths of the Christian religion. And she should

the more carefully seek to preserve them pure.

Now, let us look at the condition and prospects of these tender

children, who are to be submitted to this experiment of 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, no

father, no religious mother, to lead them to the pure fount of

Christianity; _they are orphans_. If they were only poor, there might be

somebody bound by ties of human affection to look after their spiritual

welfare; to see that they imbibed no erroneous opinions on the subject

of religion; that they run into no excessive improprieties of belief as

well as conduct. The child would have its father or mother to teach it

to lisp the name of its Creator in prayer, or hymn His praise. But in

this experimental school of instruction, if the orphans have any friends

or connections 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 him

from any after interference in his welfare on the part of guardians or

relatives; to keep them from withdrawing him from the school, or

interfering with his instruction whilst he is in the school, in any

manner whatever.

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 be of iron within,

and iron bound or covered without; thus answering more to the

description of a castle than a school-house. The children are to be thus

guarded for twelve years in this, I do not mean to say a prison, nor do

I mean to say that this is exactly close confinement; but it is much

closer confinement than ordinarily is met with, under the rules of any

institution at present, and has a resemblance to the monastic

institutions of past ages, rather than to any school for instruction at

this period, at least in this country.

All this is to be within one great enclosure; all that is done for the

bodily or mental welfare of the child is to be done within this great

wall. It has been said that the children could attend public worship

elsewhere. Where is the proof of this? There is no such provision in the

devise; there is nothing said about it in any part of Mr. Girard's will;

and I shall show presently that any such thing would be just as adverse

to Mr. Girard's whole scheme, as it would be that the doctrines of

Christianity should be preached within the walls of the college.

These children, then, are taken before they know the alphabet. They are

kept till the period of early manhood, and then sent out into the world

to enter upon its business and affairs. By this time the 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, or if

any thing be established as a general fact, by the experience of

mankind, in this first third of human life the character is formed. And

what sort of a character is likely to be made by this process, this

experimental system of instruction?

I have read the two provisions of Mr. Girard's will in relation to this

feature of his school. The first excludes the Christian religion and all

its ministers from its walls. The second explains the whole principles

upon which he purposes 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. But it was never known to exist, never adopted by

anybody even professing a connection with Christianity. And I cannot do

better, in order to show the tendency and object of this institution,

than to read from a paper by Bishop White, which has been referred to by

the other side.

In order to a right understanding of what was Mr. Girard's real

intention and original design, we have only to read carefully the words

of the clause I have referred to. He enjoins that no ministers of

religion, of any sects, shall be allowed to enter his college, on any

pretence whatever. Now, it is obvious, that by sects he means Christian

sects. Any of the followers of Voltaire or D'Alembert may have

admission into this school whenever they please, because they are not

usually spoken of as "sects." The doors are to be opened to the opposers

and revilers of Christianity, in every form and shape, and shut to its

supporters. While the voice of the upholders of Christianity is never to

be heard within the walls, the voices of those who impugn Christianity

may be raised high and loud, till they shake the marble roof of the

building. It is no less derogatory thus to exclude the one, and admit

the other, than it would be to make a positive provision and all the

necessary arrangements for lectures and lessons and teachers, for all

the details of the doctrines of infidelity. It is equally derogatory, it

is the same in principle, thus to shut the door to one party, and open

the door to the other.

We must reason as to the probable results of such a system according to

natural consequences. They say, on the other side, that infidel teachers

will not be admitted in this school. How do they know that? What is the

inevitable tendency of such an education as is here prescribed? What is

likely to occur? The court cannot suppose that the trustees will act in

opposition to the directions of the will. If they accept the trust, they

must fulfil it, and carry out the details of Mr. Girard's plan.

Now, what is likely to be the effect of this system on the minds of

these children, thus left solely to its pernicious influence, with no

one to care for their spiritual welfare in this world or the next? They

are to be left entirely to the tender mercies of those who will try upon

them this experiment of moral philosophy or philosophical morality.

Morality without sentiment; benevolence towards man, without a sense of

responsibility towards God; the duties of this life performed, without

any reference to the life which is to come; this is Mr. Girard's theory

of useful education.

Half of these poor children may die before the term of their education

expires. Still, those who survive must be brought up imbued fully with

the inevitable tendencies of the system.

It has been said that there may be lay preachers among them. Lay

preachers! This is ridiculous enough in a country of Christianity and

religion. [Here some one handed Mr. Webster a note.] A friend informs me

that four of the principal religious sects in this country, the

Episcopalians, Presbyterians, Methodists, and Baptists, allow no lay

preachers; and these four constitute a large majority of the religious

and Christian portion of the people of the United States. And, besides,

lay preaching would be just as adverse to Mr. Girard's original object

and whole plan as professional preaching, _provided it should be

Christianity which should be preached_.

It is plain, as plain as language can be made, that he did not intend to

allow the minds of these children to be troubled about religion of any

kind, whilst they were within the college. And why? He himself assigns

the reason. Because of the difficulty and trouble, he says, that might

arise from the multitude of sects, and creeds, and teachers, and the

various clashing doctrines and tenets advanced by the different

preachers of Christianity. Therefore his desire as to these orphans is,

that their minds should be kept free from all bias of any kind in favor

of any description of Christian creed, till they arrived at manhood, and

should have left the walls of his school.

Now, are not laymen equally sectarian in their views with clergymen? And

would it not be just as easy to prevent sectarian doctrines from being

preached by a clergyman, as from being taught by a layman? It is idle,

therefore, to speak of lay preaching.

MR. SERGEANT here rose, and said that they on their side had not

uttered one word about lay preaching. It was lay teaching they

spoke of.

Well, I would just as soon take it that way as the other, _teaching_ as

preaching. Is not the teaching of laymen as sectarian as the preaching

of clergymen? What is the difference between unlettered laymen and

lettered clergymen in this respect? Every one knows that laymen are as

violent controversialists as clergymen, and the less informed the more

violent. So this, while it is a little more ridiculous, is equally

obnoxious. 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, as a professional preacher, and even more

so. Every objection to professional religious instruction applies with

still greater force to lay teaching. As in other cases, so in this, the

greatest degree of candor is usually found accompanying the greatest

degree of knowledge. Nothing is more apt to be positive and dogmatical

than ignorance.

But there is no provision in any part of Mr. Girard's will for the

introduction of any lay teaching on religious matters whatever. The

children are to get their religion when they leave his school, and they

are to have nothing to do with religion before they do leave it. They

are then to choose their religious opinions, and not before.

MR. BINNEY. "Choose their tenets" is the expression.

Tenets are opinions, I believe. The mass of one's religious tenets makes

up one's religion.

Now, it is evident that Mr. Girard meant to found a school of morals,

without any reference to, or connection with, religion. But, after all,

there is nothing original in this plan of his. It has its origin in a

deistical source, but not from the highest school of infidelity. Not

from Bolingbroke, or Shaftesbury, or Gibbon; not even from Voltaire or

D'Alembert. It is from two persons who were probably known to Mr. Girard

in the early part of his life; it is from Mr. Thomas Paine and Mr.

Volney. Mr. Thomas Paine, in his "Age of Reason," says: "Let us devise

means to establish schools of instruction, that we may banish the

ignorance that the ancient _régime_ of kings and priests has spread

among the people. Let us propagate morality, unfettered by

superstition."

MR. BINNEY. What do you get that from?

The same place that Mr. Girard got this provision of his will from,

Paine's "Age of Reason." The same phraseology in effect is here. Paine

disguised his real meaning, it is true. He said: "Let us devise means to

establish schools to propagate morality, unfettered by _superstition_."

Mr. Girard, who had no disguise about him, uses plain language to

express the same meaning. In Mr. Girard's view, _religion_ is just that

thing which Mr. Paine calls _superstition_. "Let us establish schools of

morality," said he, "unfettered by religious tenets. Let us give these

children a system of pure morals before they adopt any religion." The

ancient _régime_ of which Paine spoke as obnoxious was that of kings and

priests. That was the popular way he had of making any thing obnoxious

that he wished to destroy. Now, if he had _merely_ wished to get rid of

the dogmas which he says were established by kings and priests, if he

had no desire to abolish the Christian religion itself, he could have

thus expressed 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 to leave this part of the cause, however, without a

still more distinct statement of the objections to this scheme of

instruction. This is due, I think, to the subject and to the occasion;

and I trust I shall not be considered presumptuous, or as trenching upon

the duties which properly belong to another profession. But I deem it

due to the cause of Christianity to take up the notions of this scheme

of Mr. Girard, and show how mistaken is the idea of calling it a

charity. In the first place, then, I 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 the Christian religion into the minds of the young. I do not

say that, in order to make this a charity, there should be a positive

provision for the teaching of Christianity, although, as I have already

observed, I take that to be the rule in an English court of equity. But

I need not, in this case, claim the whole benefit of that rule. I say it

is derogatory, because there is a positive rejection of Christianity;

because it rejects the ordinary means and agencies of Christianity. He

who rejects the ordinary means of accomplishing an end, means to defeat

that end itself, or else he has no meaning. And this is true, although

the means originally be means of human appointment, and not attaching to

or resting on any higher authority.

For example, if the New Testament had contained a set of principles of

morality and religion, without reference to the means by which those

principles were to be established, and if in the course of time a system

of means had sprung up, become identified with the history of the world,

become general, sanctioned by continued use and custom, then he who

should reject those means would design to reject, and would reject, that

morality and religion themselves.

This would be true in a case where the end rested on divine authority,

and human agency devised and used the means. But if the means themselves

be of divine authority also, then the rejection of them is a direct

rejection of that authority.

Now, I suppose there is nothing in the New Testament more clearly

established by the Author of Christianity, than the appointment of a

Christian ministry. The world was to be evangelized, was to be brought

out of darkness into light, by the influences of the Christian religion,

spread and propagated by the instrumentality of man. A Christian

ministry was therefore appointed by the Author of the Christian religion

himself, and it stands on the same authority as any other part of his

religion. When the lost sheep of the house of Israel were to be brought

to the knowledge of Christianity, the disciples were commanded to go

forth into all the cities, and to preach "that the kingdom of heaven is

at hand." It was added, that whosoever would not receive them, nor hear

their words, it should be more tolerable for Sodom and Gomorrha than for

them. And after his resurrection, in the appointment of the great

mission to the whole human race, the Author of Christianity commanded

his disciples that they should "go into all the world, and preach the

Gospel to every creature." This was one of his last commands; and one of

his last promises was the assurance, "Lo, I am with you alway, even to

the end of the world!" I say, therefore, there is nothing set forth more

authentically in the New Testament than the appointment of a Christian

ministry; and he who does not believe this does not and cannot believe

the rest.

It is true that Christian ministers, in this age of the world, are

selected in different ways and different modes by different sects and

denominations. But there are, still, ministers of all sects and

denominations. Why should we shut our eyes to the whole history of

Christianity? Is it not the preaching of ministers of the Gospel that

has evangelized the more civilized part of the world? Why do we at this

day enjoy the lights and benefits of Christianity ourselves? Do we not

owe it to the instrumentality of the Christian ministry? The ministers

of Christianity, departing from Asia Minor, traversing Asia, Africa, and

Europe, to Iceland, Greenland, and the poles of the earth, suffering all

things, enduring all things, hoping all things, raising men everywhere

from the ignorance of idol worship to the knowledge of the true God, and

everywhere bringing life and immortality to light through the Gospel,

have only been acting in obedience to the Divine instruction; they were

commanded to go forth, and they have gone forth, and they still go

forth. They have sought, and they still seek, to be able to preach the

Gospel to every creature under the whole heaven. And where was

Christianity ever received, where were its truths ever poured into the

human heart, where did its waters, springing up into everlasting life,

ever burst forth, except in the track of a Christian ministry? Did we

ever hear of an instance, does history record an instance, of any part

of the globe Christianized by lay preachers, or "lay teachers"? And,

descending from kingdoms and empires to cities and countries, to

parishes and villages, do we not all know, that wherever Christianity

has been carried, and wherever it has been taught, by human agency, that

agency was the agency of ministers of the Gospel? It is all idle, and a

mockery, to pretend that any man has respect for the Christian religion

who yet derides, reproaches, and stigmatizes all its ministers and

teachers. It is all idle, it is a mockery, and an insult to common

sense, to maintain that a school for the instruction of youth, from

which Christian instruction by Christian teachers is sedulously and

rigorously shut out, is not deistical and infidel both in its purpose

and in its tendency. I insist, therefore, that this plan of education

is, in this respect, derogatory to Christianity, in opposition to it,

and calculated either to subvert or to supersede it.

In the next place, this scheme of education is derogatory to

Christianity, because it proceeds upon the presumption that the

Christian religion is not the only true foundation, or any necessary

foundation, of morals. The ground taken is, that religion is not

necessary to morality, that benevolence may be insured by habit, and

that all the virtues may nourish, and be safely left to the chance of

flourishing, without touching the waters of the living spring of

religious responsibility. With him who thinks thus, what can be the

value of the Christian revelation? So the Christian world has not

thought; for by that Christian world, throughout its broadest extent, it

has been, and is, held as a fundamental truth, that religion is the only

solid basis of morals, and that moral instruction not resting on this

basis is only a building upon sand. And at what age of the Christian era

have those who professed to teach the Christian religion, or to believe

in its authority and importance, not insisted on the absolute necessity

of inculcating its principles and its precepts upon the minds of the

young? In what age, by what sect, where, when, by whom, has religious

truth been excluded from the education of youth? Nowhere; never.

Everywhere, and at all times, it has been, and is, regarded as

essential. It is of the essence, the vitality, of useful instruction.

From all this Mr. Girard dissents. His plan denies the necessity and the

propriety of religious instruction as a part of the education of youth.

He dissents, not only from all the sentiments of Christian mankind, from

all common conviction, and from the results of all experience, but he

dissents also from still higher authority, the word of God itself. My

learned friend has referred, with propriety, to one of the commands of

the Decalogue; but there is another, a first commandment, and that is a

precept of religion, and it is in subordination to this that the moral

precepts of the Decalogue are proclaimed. This first great commandment

teaches man that there is one, and only one, great First Cause, one, and

only one, proper object of human worship. This is the great, the ever

fresh, the overflowing fountain of all revealed truth. Without it, human

life is a desert, of no known termination on any side, but shut in on

all sides by a dark and impenetrable horizon. Without the light of this

truth, man knows nothing of his origin, and nothing of his end. And when

the Decalogue was delivered to the Jews, with this great announcement

and command at its head, what said the inspired lawgiver? that it should

be kept from children? that it should be reserved as a communication fit

only for mature age? Far, far otherwise. "And these words, which I

command thee this day, shall be in thy heart. And thou shalt teach them

diligently unto thy children, and shall talk of them when thou sittest

in thy house, and when thou walkest by the way, when thou liest down,

and when thou risest up."

There is an authority still more imposing and awful. When little

children were brought into the presence of the Son of God, his disciples

proposed to send them away; but he said, "Suffer little children to come

unto me." Unto _me_; he did not send them first for lessons in morals

to the schools of the Pharisees, or to the unbelieving Sadducees, nor to

read the precepts and lessons _phylacteried_ on the garments of the

Jewish priesthood; he said nothing of different creeds or clashing

doctrines; but he opened at once to the youthful mind the everlasting

fountain of living waters, the only source of eternal truths: "Suffer

little children to come _unto me_." And that injunction is of perpetual

obligation. It addresses itself to-day with the same earnestness and the

same authority which attended its first utterance to the Christian

world. It is of force everywhere, and at all times. It extends to the

ends of the earth, it will reach to the end of time, always and

everywhere sounding in the ears of men, with an emphasis which no

repetition can weaken, and with an authority which nothing can

supersede: "Suffer little children to come unto me."

And not only my heart and my judgment, my belief and my conscience,

instruct me that this great precept should be obeyed, but the idea is so

sacred, the solemn thoughts connected with it so crowd upon me, it is so

utterly at variance with this system of philosophical _morality_ which

we have heard advocated, that I stand and speak here in fear of being

influenced by my feelings to exceed the proper line of my professional

duty. Go thy way at this time, is the language of philosophical

morality, and I will send for thee at a more convenient season. This is

the language of Mr. Girard in his will. In this there is neither

religion nor reason.

The earliest and the most urgent intellectual want of human nature is

the knowledge of its origin, its duty, and its destiny. "Whence am I,

what am I, and what is before me?" This is the cry of the human soul, so

soon as it raises its contemplation above visible, material things.

When an intellectual being finds himself on this earth, as soon as the

faculties of reason operate, one of the first inquiries of his mind is,

"Shall I be here always?" "Shall I live here for ever?" And reasoning

from what he sees daily occurring to others, he learns to a certainty

that his state of being must one day be changed. I do not mean to deny,

that it may be true that he is created with this consciousness; but

whether it be consciousness, or the result of his reasoning faculties,

man soon learns that he must die. And of all sentient beings, he alone,

so far as we can judge, attains to this knowledge. His Maker has made

him capable of learning this. Before he knows his origin and destiny, he

knows that he is to die. Then comes that most urgent and solemn demand

for light that ever proceeded, or can proceed, from the profound and

anxious broodings of the human soul. It is stated, with wonderful force

and beauty, in that incomparable composition, the book of Job: "For

there is hope of a tree, if it be cut down, that 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 boughs like a plant. _But

if a man die, shall he live again?_" And that question nothing but God,

and the religion of God, can solve. Religion does solve it, and teaches

every man that he is to live again, and that the duties of this life

have reference to the life which is to come. And hence, since the

introduction of Christianity, it has been the duty, as it has been the

effort, of the great and the good, to sanctify human knowledge, to bring

it to the fount, and to baptize learning into Christianity; to gather up

all its productions, its earliest and its latest, its blossoms and its

fruits, and lay them all upon the altar of religion and virtue.

Another important point involved in this question is, What becomes of

the Christian Sabbath, in a school thus established? I do not mean to

say that this stands exactly on the same authority as the Christian

religion, but I mean to say that the observance of the Sabbath is a part

of Christianity in all its forms. All Christians admit the observance of

the Sabbath. All admit that there is a Lord's day, although there may be

a difference in the belief as to which is the right day to be observed.

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 are excluded. I know that I shall be told

here, also, that lay teachers would come in again; and I say again, in

reply, that, where the ordinary means of attaining an end are excluded,

the intention is to exclude the end itself. There can be no Sabbath in

this college, there can be no religious observance of the Lord's day;

for there are no means for attaining that end. It will be said, that the

children would be permitted to go out. There is nothing seen of this

permission in Mr. Girard's will. And I say again, that it would be just

as much opposed to Mr. Girard's whole scheme to allow these children to

go out and attend places of public worship on the Sabbath day, as it

would be to have ministers of religion to preach to them within the

walls; because, if they go out to hear preaching, they will hear just as

much about religious controversies, and clashing doctrines, and more,

than if appointed preachers officiated in the college. His object, as he

states, was to keep their minds free from all religious doctrines and

sects, and he would just as much defeat his ends by sending them out as

by having religious instruction within. Where, then, are these little

children to go? Where can they go to learn the truth, to reverence the

Sabbath? They are far from their friends, they have no one to accompany

them to any place of worship, no one to show them the right from the

wrong course; their minds must be kept clear from all bias on the

subject, and they are just as far from the ordinary observance of the

Sabbath as if there were no Sabbath day at all. And where there is no

observance of the Christian Sabbath there will of course be no public

worship of God.

In connection with this subject I will observe, that there has been

recently held a large convention of clergymen and laymen in Columbus,

Ohio, to lead the minds of the Christian public to the importance of a

more particular observance of the Christian Sabbath; and I will read, as

part of my argument, an extract from their address, which bears with

peculiar force upon this case.

"It is alike obvious that the Sabbath exerts its salutary power by

making the population acquainted with the being, perfections, and

laws of God; with our relations to him as his creatures, and our

obligations to him as rational, accountable subjects, and with our

character as sinners, for whom his mercy has provided a Saviour;

under whose government we live to be restrained from sin and

reconciled to God, and fitted by his word and spirit for the

inheritance above."

"It is by the reiterated instruction and impression which the

Sabbath imparts to the population of a nation, by the moral

principle which it forms, by the conscience which it maintains, by

the habits of method, cleanliness, and industry it creates, by the

rest and renovated vigor it bestows on exhausted human nature, by

the lengthened life and higher health it affords, by the holiness

it inspires, and cheering hopes of heaven, and the protection and

favor of God, which its 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 of unthinking

minds; but by arresting the stream of worldly thoughts, interests,

and affections, stopping the din of business, unlading the mind of

its cares and responsibilities, and the body of its burdens, while

God speaks to men, and they attend, and hear, and fear, and learn

to do his will.

"You might as well put out the sun, and think to enlighten the

world with tapers, destroy the attraction of gravity, and think to

wield the universe by human powers, as to extinguish the moral

illumination of the Sabbath, and break this glorious main-spring of

the moral government of God."

And I would ask, Would any Christian man consider it desirable for his

orphan children, after his death, to find refuge within this asylum,

under all the circumstances and influences which will necessarily

surround its inmates? Are there, or will there be, any Christian parents

who would desire that their children should be placed in this school,

to be for twelve years exposed to the pernicious influences which must

be brought to bear on their minds? I very much doubt if there is any

Christian father who hears me this day, and I am quite sure that there

is no Christian mother, who, if called upon to lie down on the bed of

death, although sure to leave her children as poor as children can be

left, who would not rather trust them, nevertheless, to the Christian

charity of the world, however uncertain it has been said to be, than

place them where their physical wants and comforts would be abundantly

attended to, but away from the solaces and consolations, the hopes and

the grace, of the Christian religion. She would rather trust them to the

mercy and kindness of that spirit, which, when it has nothing else left,

gives a cup of cold water in the name of a disciple; to that spirit

which has its origin in the fountain of all good, and of which we have

on record an example the most beautiful, the most touching, the most

intensely affecting, that the world's history contains, I mean the

offering of the poor widow, who threw her two mites into the treasury.

"And he looked up, and saw the rich men casting their gifts into the

treasury; and he saw also a certain poor widow casting in thither two

mites. And he said, Of a truth I say unto you, that this poor widow hath

cast in more than they all; for all these have, of their abundance, cast

in unto the offerings of God: but she of her penury hath cast in all the

living that she had." What more tender, more solemnly affecting, more

profoundly pathetic, than this charity, this offering to God, of a

farthing! We know nothing of her name, her family, or her tribe. We only

know that she was a poor woman, and a widow, of whom there is nothing

left upon record but this sublimely simple story, that, when the rich

came to cast their proud offerings into the treasury, this poor woman

came also, and cast in her two mites, which made a farthing! And that

example, thus made the subject of divine commendation, has been read,

and told, and gone abroad everywhere, and sunk deep into a hundred

millions of hearts, since the commencement of the Christian era, and has

done more good than could be accomplished by a thousand marble palaces,

because it was charity mingled with true benevolence, given in the fear,

the love, the service, and honor of God; because it was charity, that

had its origin in religious feeling; because it was a gift to the honor

of God!

Cases have come before the courts, of bequests, in last wills, made or

given to God, without any more specific direction; and these bequests

have been regarded as creating charitable uses. But can that be truly

called a charity which flies in the face of all the laws of God and all

the usages of Christian man? I arraign no man for mixing up a love of

distinction and notoriety with his charities. I blame not Mr. Girard

because he desired to raise a splendid marble palace in the neighborhood

of a beautiful city, that should endure for ages, and transmit his name

and fame to posterity. But his school of learning is not to be valued,

because it has not the chastening influences of true religion; because

it has no fragrance of the spirit of Christianity. It is not a charity,

for it has not that which gives to a charity for education its chief

value. It will, therefore, soothe the heart of no Christian parent,

dying in poverty and distress, that those who owe to him their being may

be led, and fed, and clothed by Mr. Girard's bounty, at the expense of

being excluded from all the means of religious instruction afforded to

other children, and shut up through the most interesting period of their

lives in a seminary without religion, and with moral sentiments as cold

as its own marble walls.

I now come to the consideration of the second part of this clause in the

will, that is to say, the reasons assigned by Mr. Girard for making

these restrictions with regard to the ministers of religion; and I say

that these are much more derogatory to Christianity than the main

provision itself, excluding them. He says that there are such a

multitude of sects and such diversity of opinion, that he will exclude

all religion and all its ministers, in order to keep the minds of the

children free from clashing controversies. Now, does not this tend to

subvert all belief in the utility of teaching the Christian religion to

youth at all? Certainly, it is a broad and bold denial of such utility.

To say that the evil resulting to youth from the differences of sects

and creeds overbalances all the benefits which the best education can

give them, what is this but to say that the branches of the tree of

religious knowledge are so twisted, and twined, and commingled, and all

run so much into and over each other, that there is therefore no remedy

but to lay the axe at the root of the tree itself? It means that, and

nothing less! Now, if there be any thing more derogatory to the

Christian religion than this, I should like to know what it is. In all

this we see the attack upon religion itself, made on its ministers, its

institutions, and its diversities. And that is the objection urged by

all the lower and more vulgar schools of infidelity throughout the

world. In all these schools, called schools of Rationalism in Germany,

Socialism in England, and by various other names in various countries

which they infest, this is the universal cant. The first step of all

these philosophical moralists and regenerators of the human race is to

attack the agency through which religion and Christianity are

administered to man. But in this there is nothing new or original. We

find the same mode of attack and remark in Paine's "Age of Reason." At

page 336 he says: "The Bramin, the follower of Zoroaster, the Jew, the

Mahometan, the Church of Rome, the Greek Church, the Protestant Church,

split into several hundred contradictory sectaries, preaching, in some

instances, damnation against each other, all cry out, 'Our holy

religion!'"

We find the same view in Volney's "Ruins of Empires." Mr. Volney arrays

in a sort of semicircle the different and conflicting religions of the

world. "And first," says he, "surrounded by a group in various fantastic

dresses, that confused mixture of violet, red, white, black, and

speckled garments, with heads shaved, with tonsures, or with short

hairs, with red hats, square bonnets, pointed mitres, or long beards, is

the standard of the Roman Pontiff. On his right you see the Greek

Pontiff, and on the left are the standards of two recent chiefs (Luther

and Calvin), who, shaking off a yoke that had become tyrannical, had

raised altar against altar in their reform, and wrested half of Europe

from the Pope. Behind these are the subaltern sects, subdivided from the

principal divisions. The Nestorians, Eutychians, Jacobites, Iconoclasts,

Anabaptists, Presbyterians, Wickliffites, Osiandrians, Manicheans,

Pietists, Adamites, the Contemplatives, the Quakers, the Weepers, and a

hundred others, all of distinct parties, persecuting when strong,

tolerant when weak, hating each other in the name of the God of peace,

forming such an exclusive heaven in a religion of universal charity,

damning each other to pains without end in a future state, and realizing

in this world the imaginary hell of the other."

Can it be doubted for an instant that sentiments like these are

derogatory to the Christian religion? And yet on grounds and reasons

_exactly these_, not _like_ these, but EXACTLY these, Mr. Girard founds

his excuse for excluding Christianity and its ministers from his school.

He is a tame copyist, and has only raised marble walls to perpetuate and

disseminate the principles of Paine and of Volney. It has been said that

Mr. Girard was in a difficulty; that he was the judge and disposer of

his own property. We have nothing to do with his difficulties. It has

been said that he must have done as he did do, because there could be no

agreement otherwise. Agreement? among whom? about what? He was at

liberty to do what he pleased with his own. He had to consult no one as

to what he should do in the matter. And if he had wished to establish

such a charity as might obtain the especial favor of the courts of law,

he had only to frame it on principles not hostile to the religion of the

country.

But the learned gentleman went even further than this, and to an extent

that I regretted; he said that there was as much dispute about the Bible

as about any thing else in the world. No, thank God, that is not the

case!

MR. BINNEY. The disputes about the meaning of words and passages;

you will admit that?

Well, there is a dispute about the translation of certain words; but if

this be true, there is just as much dispute about it out of Mr. Girard's

institution as there would be in it. And if this plan is to be advocated

and sustained, why does not every man keep his children from attending

all places of public worship until they are over eighteen years of age?

He says that a prudent parent keeps his child from the influence of

sectarian doctrines, by which I suppose him to mean those tenets that

are opposed to his own. Well, I do not know but what that plan is as

likely to make bigots as it is to make any thing else. I grant that the

mind of youth should be kept pliant, and free from all undue and

erroneous influences; that it should have as much play as is consistent

with prudence; but put it where it can obtain the elementary principles

of religious truth; at any rate, those broad and general precepts and

principles which are admitted by all Christians. But here in this scheme

of Mr. Girard, all sects and all creeds are denounced. And would not a

prudent father rather send his child where he could get instruction

under any form of the Christian religion, than where he could get none

at all? There are many instances of institutions, professing one leading

creed, educating youths of different sects. The Baptist college in Rhode

Island receives and educates youths of all religious sects and all

beliefs. The colleges all over New England differ in certain minor

points of belief, and yet that is held to be no ground for excluding

youth with other forms of belief, and other religious views and

sentiments.

But this objection to the multitude and differences of sects is but the

old story, the old infidel argument. It is notorious that there are

certain great religious truths which are admitted and believed by all

Christians. All believe in the existence of a God. All believe in the

immortality of the soul. All believe in the responsibility, in another

world, for our conduct in this. All believe in the divine authority of

the New Testament. Dr. Paley says that a single word from the New

Testament shuts up the mouth of human questioning, and excludes all

human reasoning. And cannot all these great truths be taught to children

without their minds being perplexed with clashing doctrines and

sectarian controversies? Most certainly they can.

And, to compare secular with religious matters, what would become of the

organization of society, what would become of man as a social being, in

connection with the social system, if we applied this mode of reasoning

to him in his social relations? We have a constitutional government,

about the powers, and limitations, and uses of which there is a vast

amount of differences of belief. Your honors have a body of laws, now

before you, in relation to which differences of opinion, almost

innumerable, are daily spread before the courts; in all these we see

clashing doctrines and opinions advanced daily, to as great an extent as

in the religious world.

Apply the reasoning advanced by Mr. Girard to human institutions, and

you will tear them all up by the root; as you would inevitably tear all

divine institutions up by the root, if such reasoning is to prevail. At

the meeting of the first Congress there was a doubt in the minds of many

of the propriety of opening the session with prayer; and the reason

assigned was, as here, the great diversity of opinion and religious

belief. At length Mr. Samuel Adams, with his gray hairs hanging about

his shoulders, and with an impressive venerableness now seldom to be met

with, (I suppose owing to the difference of habits,) rose in that

assembly, and, with the air of a perfect Puritan, said that it did not

become men, professing to be Christian men, who had come together for

solemn deliberation in the hour of their extremity, to say that there

was so wide a difference in their religious belief, that they could not,

as one man, bow the knee in prayer to the Almighty, whose advice and

assistance they hoped to obtain. Independent as he was, and an enemy to

all prelacy as he was known to be, he moved that the Rev. Mr. Duché, of

the Episcopal Church, should address the Throne of Grace in prayer. And

John Adams, in a letter to his wife, says that he never saw a more

moving spectacle. Mr. Duché read the Episcopal service of the Church of

England, and then, as if moved by the occasion, he broke out into

extemporaneous prayer. And those men, who were then about to resort to

force to obtain their rights, were moved to tears; and floods of tears,

Mr. Adams says, ran down the cheeks of the pacific Quakers who formed

part of that most interesting assembly. Depend upon it, where there is a

spirit of Christianity, there is a spirit which rises above forms, above

ceremonies, independent of sect or creed, and the controversies of

clashing doctrines.

The consolations of religion can never be administered to any of these

sick and dying children in this college. It is said, indeed, that a

poor, dying child can be carried out beyond the walls of the school. He

can be carried out to a hostelry, or hovel, and there receive those

rites of the Christian religion which cannot be performed within those

walls, even in his dying hour! Is not all this shocking? What a

stricture is it upon this whole scheme! What an utter condemnation! A

dying youth cannot receive religious solace within this seminary of

learning!

But, it is asked, what could Mr. Girard have done? He could have done,

as has been done in Lombardy by the Emperor of Austria, as my learned

friend has informed us, where, on a large scale, the principle is

established of teaching the elementary principles of the Christian

religion, of enforcing human duties by divine obligations, and carefully

abstaining in all cases from interfering with sects or the inculcation

of sectarian doctrines. How have they done in the schools of New

England? There, as far as I am acquainted with them, the great elements

of Christian truth are taught in every school. The Scriptures are read,

their authority taught and enforced, their evidences explained, and

prayers usually offered.

The truth is, that those who really value Christianity, and believe in

its importance, not only to the spiritual welfare of man, but to the

safety and prosperity of human society, rejoice that in its revelations

and its teachings there is so much which mounts above controversy, and

stands on universal acknowledgment. While many things about it are

disputed or are dark, they still plainly see its foundation, and its

main pillars; and they behold in it a sacred structure, rising up to the

heavens. They wish its general principles, and all its great truths, to

be spread over the whole earth. But those who do not value Christianity,

nor believe in its importance to society or individuals, cavil about

sects and schisms, and ring monotonous changes upon the shallow and so

often refuted objections founded on alleged variety of discordant creeds

and clashing doctrines. I shall close this part of my argument by

reading extracts from an English writer, one of the most profound

thinkers of the age, a friend of reformation in the government and laws,

John Foster, the friend and associate of Robert Hall. Looking forward to

the abolition of the present dynasties of the Old World, and desirous to

see how the order and welfare of society is to be preserved in the

absence of present conservative principles, he says:--

"Undoubtedly the zealous friends of popular education account

knowledge valuable absolutely, as being the apprehension of things

as they are; a prevention of delusions; and so far a fitness for

right volitions. But they consider religion (besides being itself

the primary and infinitely the most important part of knowledge) as

a principle indispensable for securing the full benefit of all the

rest. It is desired, and endeavored, that the understandings of

these opening minds may be taken possession of by just and solemn

ideas of their relation to the Eternal Almighty Being; that they

may be taught to apprehend it as an awful reality, that they are

perpetually under his inspection; and, as a certainty, that they

must at length appear before him in judgment, and find in another

life the consequences of what they are in spirit and conduct here.

It is to be impressed on them, that his will is the supreme law,

that his declarations are the most momentous truth known on earth,

and his favor and condemnation the greatest good and evil. Under an

ascendency of this divine wisdom it is, that their discipline in

any other knowledge is designed to be conducted; so that nothing in

the mode of their instruction may have a tendency contrary to it,

and every thing be taught in a manner recognizing the relation with

it, as far as shall consist with a natural, unforced way of keeping

the relation in view. Thus it is sought to be secured, that, as the

pupil's mind grows stronger, and multiplies its resources, and he

therefore has necessarily more power and means for what is wrong,

there may be luminously presented to him, as if celestial eyes

visibly beamed upon him, the most solemn ideas that can enforce

what is right."

"Such is the discipline meditated for preparing the subordinate

classes to pursue their individual welfare, and act their part as

members of the community...."

"All this is to be taught, in many instances directly, in others by

reference for confirmation, from the Holy Scriptures, from which

authority will also be impressed, all the while, the principles of

religion. And religion, while its grand concern is with the state

of the soul towards God and eternal interests, yet takes every

principle and rule of morals under its peremptory sanction; making

the primary obligation and responsibility be towards God, of every

thing that is a duty with respect to men. So that, with the

subjects of this education, the sense of _propriety_ shall be

_conscience_; the consideration of how they ought to be regulated

in their conduct as a part of the community shall be the

recollection that their Master in heaven dictates the laws of that

conduct, and will judicially hold them amenable for every part of

it."

"And is not a discipline thus addressed to the purpose of fixing

religious principles in ascendency, as far as that difficult object

is within the power of discipline, and of infusing a salutary

tincture of them into whatever else is taught, the right way to

bring up citizens faithful to all that deserves fidelity in the

social compact?...

"Lay hold on the myriads of juvenile spirits before they have time

to grow up through ignorance, into a reckless hostility to social

order; train them to sense and good morals; inculcate the

principles of religion, simply and solemnly, as religion, as a

thing directly of divine dictation, and not as if its authority

were chiefly in virtue of human institutions; let the higher

orders, generally, make it evident to the multitude that they are

desirous to raise them in value, and promote their happiness; and

then, _whatever_ the demands of the people as a body, thus

improving in understanding and sense of justice, shall come to be,

and _whatever_ modification their preponderance may ultimately

enforce on the great social arrangements, it will be infallibly

certain that there never _can_ be a love of disorder, an insolent

anarchy, a prevailing spirit of revenge and devastation. Such a

conduct of the ascendent ranks would, in this nation at least,

secure that, as long as the world lasts, there never would be any

formidable commotion, or violent sudden changes. All those

modifications of the national economy to which an improving people

would aspire, and would deserve to obtain, would be gradually

accomplished, in a manner by which no party would be wronged, and

all would be the happier."[1]

I not only read this for the excellence of its sentiments and their

application to the subject, but because they are the results of the

profound meditations of a man who is dealing with popular ignorance.

Desirous of, and expecting, a great change in the social system of the

Old World, he is anxious to discover that conservative principle by

which society can be kept together when crowns and mitres shall have no

more influence. And he says that the only conservative principle must

be, and is, RELIGION! the authority of God! his revealed will! and the

influence of the teaching of the ministers of Christianity!

Mr. Webster here stated that he would, on Monday, bring forward

certain references and legal points bearing on this view of the

case.

The court then adjourned.

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