THIRD DAY.

I shall now, may it please your honors, proceed to inquire whether there

is, in the State of Pennsylvania, any settled public policy to which

this school, as planned by Mr. Girard in his will, is in opposition; for

it follows, that, if there be any settled public policy in the laws of

Pennsylvania on this subject, then any school, or scheme, or system,

which tends to subvert this public policy, cannot be entitled to the

protection of a court of equity. It will not be denied that there is a

general public policy in that, as in all States, drawn from its history

and its laws. And it will not be denied that any scheme or school of

education which directly opposes this is not to be favored by the

courts. Pennsylvania is a free and independent State. She has a popular

government, a system of trial by jury, of free suffrage, of vote by

ballot, of alienability of property. All these form part of the general

public policy of Pennsylvania. Any man who shall go into that State can

speak and write as much as he pleases against a popular form of

government, freedom of suffrage, trial by jury, and against any or all

of the institutions just named; he may decry civil liberty, and assert

the divine right of kings, and still he does nothing criminal; but if,

to give success to such efforts, special power from a court of justice

is required, it will not be granted to him. There is not one of these

features of the general public policy of Pennsylvania against which a

school might not be established and preachers and teachers employed to

teach. That might in a certain sense be considered a school of

education, but it would not be a charity. And if Mr. Girard, in his

lifetime, had founded schools and employed teachers to preach and teach

in favor of infidelity, or against popular government, free suffrage,

trial by jury, or the alienability of property, there was nothing to

stop him or prevent him from so doing. But where any one or all of these

come to be provided for a school or system as a charity, and come before

the courts for favor, then in neither one, nor all, nor any, can they be

favored, because they are opposed to the general public policy and

public law of the State.

These great principles have always been recognized; and they are no more

part and parcel of the public law of Pennsylvania than is the Christian

religion. We have in the charter of Pennsylvania, as prepared by its

great founder, William Penn,--we have in his "great law," as it was

called, the declaration, that the preservation of Christianity is one of

the great and leading ends of government. This is declared in the

charter of the State. Then the laws of Pennsylvania, the statutes

against blasphemy, the violation of the Lord's day, and others to the

same effect, proceed on this great, broad principle, that the

preservation of Christianity is one of the main ends of government. This

is the general public policy of Pennsylvania. On this head we have the

case of Updegraph v. The Commonwealth,[4] in which a decision in

accordance with this whole doctrine was given by the Supreme Court of

Pennsylvania. The solemn opinion pronounced by that tribunal begins by a

general declaration that Christianity is, and has always been, part of

the common law of Pennsylvania.

I have said, your honors, that our system of oaths in all our courts, by

which we hold liberty and property, and all our rights, is founded on or

rests on Christianity and a religious belief. In like manner the

affirmation of Quakers rests on religious scruples drawn from the same

source, the same feeling of religious responsibility.

The courts of Pennsylvania have themselves decided that a charitable

bequest, which counteracts the public policy of the State, cannot be

sustained. This was so ruled in the often cited case of the Methodist

Church v. Remington. There, the devise was to the Methodist Church

generally, extending through the States and into Canada, and the trust

was declared void on this account alone; namely, that it was

inconsistent with the public policy of the State, inconsistent with the

general spirit of the laws of Pennsylvania. But is there any comparison

to be made between that ground on which a devise to a church is declared

void, namely, as inconsistent with the public policy of the State, and

the case of a devise which undermines and opposes the whole Christian

religion, and derides all its ministers; the one tending to destroy all

religion, and the other being merely against the spirit of the

legislation and laws of the State, and the general public policy of

government, in a very subordinate matter? Can it be shown that this

devise of a piece of ground to the Methodist Church can be properly set

aside, and declared void on general grounds, and not be shown that such

a devise as that of Mr. Girard, which tends to overturn as well as

oppose the public policy and laws of Pennsylvania, can also be set

aside?

Sir, there are many other American cases which I could cite to the court

in support of this point of the case. I will now only refer to 8

Johnson, page 291.

It is the same in Pennsylvania as elsewhere, the general principles and

public policy are sometimes established by constitutional provisions,

sometimes by legislative enactments, sometimes by judicial decisions,

and sometimes by general consent. But however they may be established,

there is nothing that we look for with more certainty than this general

principle, that Christianity is part of the law of the land. This was

the case among the Puritans of New England, the Episcopalians of the

Southern States, the Pennsylvania Quakers, the Baptists, the mass of the

followers of Whitefield and Wesley, and the Presbyterians; all brought

and all adopted this great truth, and all have sustained it. And where

there is any religious sentiment amongst men at all, this sentiment

incorporates itself with the law. _Every thing declares it._ The massive

cathedral of the Catholic; the Episcopalian church, with its lofty spire

pointing heavenward; the plain temple of the Quaker; the log church of

the hardy pioneer of the wilderness; the mementos and memorials around

and about us; the consecrated graveyards, their tombstones and epitaphs,

their silent vaults, their mouldering contents; all attest it. _The dead

prove it as well as the living._ The generations that are gone before

speak to it, and pronounce it from the tomb. We feel it. All, all,

proclaim that Christianity, general, tolerant Christianity, Christianity

independent of sects and parties, that Christianity to which the sword

and the fagot are unknown, general, tolerant Christianity, is the law of

the land.

Mr. Webster, having gone over the other points in the case, which

were of a more technical character, in conclusion,

said:--#/

I now take leave of this cause. I look for no good whatever from the

establishment of this school, this college, this scheme, this experiment

of an education in "practical morality," unblessed by the influences of

religion. It sometimes happens to man to attain by accident that which

he could not achieve by long-continued exercise of industry and ability.

And it is said even of the man of genius, that by chance he will

sometimes "snatch a grace beyond the reach of art." And I believe that

men sometimes do mischief, not only beyond their intent, but beyond the

ordinary scope of their talents and ability. In my opinion, if Mr.

Girard had given years to the study of a mode by which he could dispose

of his vast fortune so that no good could arise to the general cause of

charity, no good to the general cause of learning, no good to human

society, and which should be most productive of protracted struggles,

troubles, and difficulties in the popular counsels of a great city, he

could not so effectually have attained that result as he has by this

devise now before the court. It is not the result of good fortunes, but

of bad fortunes, which have overriden and cast down whatever of good

might have been accomplished by a different disposition. I believe that

this plan, this scheme, was unblessed in all its purposes, and in all

its original plans. Unwise in all its frame and theory, while it lives

it will lead an annoyed and troubled life, and leave an unblessed memory

when it dies. If I could persuade myself that this court would come to

such a decision as, in my opinion, the public good and the law require,

and if I could believe that any humble efforts of my own had contributed

in the least to lead to such a result, I should deem it the crowning

mercy of my professional life.

[Footnote 1: Foster's Essay on the Evils of Popular Ignorance, Section

IV.]

[Footnote 2: The effect of this remark was almost electric, and some one

in the court-room broke out in applause.]

[Footnote 3: 2 Pickering, p. 433.]

[Footnote 4: 11 Sergeant & Rawle, p. 394.]

The Great Speeches and Orations of Daniel Webster With an Essay on Daniel Webster as a Master of English Style · 第 139 / 210 题