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

THE NEW YORK HERALD. Vol, X., No. 45—Wholo No. 3615. MR. WEBSTER'S ARGUMENT ON THE GIRARD WILL CASE. UNITED STATES SUPREME COURT. Curry, Saturday night, ‘WasuincTon igre 10, 1843. ‘The me Court room was crowded literally stuck hamenaae hundreds and hundreds went away, unable to obtain admittance; there never were so many persons in the Court room since it was built; over 200 ladies were there, crowded, squeezed, and some almost jammed, in that little room; in front of the Judges, and behind the 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.” Sena- tors, Members of the House, whigs and locos, Fo- reign Ministers, Cabinet officers, old and young, all kinds of people, were there. Both the President’s sons, with a cluster of handsome gitls, were pre- sent; John Quincy Adams sat through the whole of it, listening attentively to every word. Mr. Crit- tenden sat on Webster’s left side, and Horace Binney on his right. The body of the room, the sides, the aisles, the entrances, 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 a 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 fer 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, I shall have to write all night, to send this off by Sunday morning’s mail. But to the Argument of Mr. Webster, Mr. Wanetza—-Muy. it; plete, et [om ploteree Court— Before proceeding to the discussion of important ques- tions acvived in this ci hall make a few remarks upon matters which, in themselves, are not very impor- tant; but which, having been alluded to by the gentlemen on the other side, require some notice from me. The plain. tiffs on this record are the 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 ix disposed, which, if not undivised, or ineffectually devised, would come to them. That de- vise purports to be made toa charity. And I was sorry to hear the opposite counsel represent these persons a3 being actuated by unworthy motives, and using arguments caleulated to impugn their ‘character and respectability. re controversy naturally involves a jon and religious charity; and I was ed friend vn the other side say that rties consisted in their attempt to steaithe bread of orphans. brisep are his own neighbo: Iprosumethey have committed no vffence by coming here. ‘They stand here before your honors perfectly re- sees ‘They have a constitutional right to be here.— ‘hey 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 hiladelphia. Sir, the immediate plaintiffs are foreigners. ‘They havea right secured to them of coming here by the constitution. It is one of the principles of the constitution ‘The nature ol discussion on reli sorry to hear m: the religion of these that a foreigner hus aright to come here for the trial of his cause belore the highest Judicial Tribunal in the land. But my learned friend has answered his own question much more effectually than I could possibly do, He says that this question 18 esteemed so plain in Pennsylvania that nobody would oven listen to the plaintifts 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, 60 exe parties could not even obtain Shoaring, 1 think that ie a very geod rewon why they should come here where they will be listened to. It certain- Jy ia not their duty to go where they will not be patiently listened to. But there is another reason why these parties should prefer coming here to submitting their case to the Courts 4 Pennsylvania, A question of a nature similar to in that state. I Mi in the case of this arose: Mrs. Yohe%s will. It was argued at some length in the Cir- Fe <a a ag 8 was pronounced in these by one of the Associate Jud; of thie Court (Baldwin) and verse to the claim of the view taken bj in:the cause. Therefore, it was thony ‘at once before that Court will have the final decision of it; and of which Judge of the Circuit Court of Pennsylvania is 0 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 assailed as being a citizen of the District of Columbi and this poor District was made to suffer for the sins o! others. A question was put ineneatonly. by my learn. ed friend as to who is the parens patrie of Peansylvania? Now, in England it is sometimes the case that the Chancellor, acting for the king, he is parens patria, but he said that this cuuld not exist in Pennsylvania but by statute, or in any popular form of government. The learned counsel on the other side immediately turned round to my iriend, General Jones, and said, who is the parent taped of the District of Columbia—(which I so- lemniy believe is the worst governed portion of the coun- try) who is the parens patria of this unfortunate District, fee athe pay itsown Feil z reply apes to my ips w! suppressed, and w! 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 suffice forOhio, and one local decision suifice for Tennessee ; but General Jones argued that it must be shown by a series of deci- sions, to establish the local law in sylvania, was —_ of chancery administration in Courts of Judicature, which has no feature ef equity, as I shall show hereafter. ‘They said there was a system of law in Penn- sylvania quite competent for adjudicature—all cases of table uses established by legislative action, and by udicial decisions. One argument used by my learned iend was, that these devises cannot stand upon the doc- ofcommon law. They argued on the other side that can stand upon the doctrine of common law, that they do stand and ought to stand upon that dostrine. It was also argued that the statute of Elizabeth, as a statute, does not exist; in Pennsylvania; but that a system of law has res up there which is fully competent to adjudicate in all these cases of trusts and devises for chari- table uses. A , we were asked, why we did not goto the Regis- ter 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? It is his duty to see that there is the right signature, the right witnesses, it seal in the right place, but he cannot decide on y of a devis w, o1 all men that I know of to provoke the remarks by the learned counsel, Edward Jones in the ver; last man. None of your honors have been on the benc! ngfas he has practiced at this bar; none of your honors ticed in anti-court so long as my learned friend she is eminently distinguished for his learning, pro- found judgment, legal acumen, untiring industry and un- ceasing research ; none has sustained himself with more reputation for the long period of his practice at this bar, — with the greatest lights of this Court, from the time of Charles, Pinckney, Harford, Key, Dexter, Stock- ton, Wirt—who has sustained the’ high’ reputation for keen logic of the law, for perspecuity of reasoning, for amenity of manner, and perfect love! of character; who, among the greatest has sustained all this in @ man- ner superior to General Jones ? Ithas been objected by the other side that these plain- tiffs should have brought an action of ejectment instead of sueing for the real estate. Why, there was an after pur- pe ofestates, Ard 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! The answer to this is thut Pennsylvania cannot be let alone. The Constitution of 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 and to submit all their just claims, and that they nd they are heard, and they do obtain justice by so com 4 ‘said thus much in reyard to those matters, which i he case,” I Jeave that part of it, and proceed to those cor which are ofmuch more Importance. ; Now, we say that the 20th, the 2ist, and 24th clauses in the will—those which establish the college, are invalid. itis enough to say here that after enumerating various legacies, for different persons, charities, hospitals, and #0 forth, to’ the total amount of $140,000 or $150,000, | Mr. Girerd eods to give the rest of his property to the city of Philadelphia 4 trust, and the trusts of that devise are sundry. But that which we have to deal with more particularly, are the trusts to the corporation of Philadel- phia, of two millions for a college, Inthe 20th clause of the will, Mr. Girard 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's precise model laid down by himtelt. Passing by alf these matters, we come to where he proceeds to prescribe certain conditions attached to this devise. The Ist is the provision for the college ; and the 2d part prescribes that ‘no ecclesiashe, missionary, or minister of any sect whatsoever, shal hold or exercise any station or duty whatever in ‘he said col- lege ; nor shall any such person ever he admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the’ said college In making this restriction, 1 do not mean to cast any reflection upon any ‘sect or person whatsoever; but 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 be- quest, free from the excitement which clashing doctrines and sectarian controversy are so apt to produce ; my de- sire is, that all the instructors and teachers in the e NEW YORK, WEDNESDAY MORNING, FEBRUARY 14, 1844. shall take pains to instil into the minds of the scholars the feeitin of, ity, 8o that, on their entrance into Setive life, may, from inclination and habit, evince benevolence towords their fellow ereatures, and a love of truth, sobriety, and industry, adopting at the same time such religious tenets as thelr sauna reason may enable them to prefer.” ‘Then there are other regulations for the admission of the children to this college. And by these it is provided that they must be poor white male orphans between the ages of 6 and 10 w! admitted ; and they are to remain to a period between the ages of 14 and 18; when to be bornd out to suitable trades and professions. Mr, Girard then goes on to say in this will that the square of ground on which the college is to be erected is to be surrounded by a wall ; that there are to be a certain number of entrances and tio more. And by a codicil to this will, the site was afterwards changed ; it was carried out of the city ; the space to be enclosed by the wall was to comprise 45 acres of land ; and the codicil enjoins that all the details relative to the college shall be carried out as in the body of the will. Thave read the devise. It is particular in mentioning that this bequest is forthe erection of a college for instruct- ing in acertain system of education poor white male or- han children, of certain ages, under the direction of the ‘ity of ego psy and is also most particular in the ree ictions relative to clergymen, whieh I before men- ned. Before I proceed to discuss the other of the case, there are two points which I propose to submit to your honors for your delinerate and sulemn judgment. In the first e, | 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 courte of law, all charity bequests do require—then there is an end of the question. But Itake it that this is conceded—that it is #0. ‘This bequest can’t stand, or be regarded, except as a privileged testament ; unless this is so, we can’t regard it with that special favor which all charitable bequests are treated with in courts of equity. , ‘This bequest, then, if it stand at all must stand upen these peculiar privileges. I now, th re, shall woes most conscientiously to rgue a proposition which is certainly ove of the highest in magnitude that this court was ever called upon to ad- judicate—one of the highest and most solemn that this court probably ever will be called upon to adjudicate. It is, whether, in the eye of jurisprudence, this be a charity at all? And I 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 churity at all. I agree that the courts of Pennsylvania have full power in this matter—that they have the power of parens patrie und all the rest. But this question turns not on the juri diction of the court, but on the |inherent and manife 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. 1 repeat that this is no charity at all! It is nota charity, because it is derogatory to the Christian religion ; ittends to weaken men’s re- verance for that religion—it tends to weaken their convic- tion of its anthority and importance, and therefore tends to mischievous and not desirable ends, It subverts the only foundation of pure morals, and is therefore subversive of the constitution, public law, und the public policy of the nation. And although not so closely connected with the abstract merits of the question as some other topica to which I shall advert, I cannot, with propriety, omit to notice that this will, this devise, is pointedly’ opprobrious to the clergy of the whole United States, Jt brands them all thout distinction of sect or party. We have heard it said that Mr. Girard, ry this will, dis- tributed his charity without distinction of sect or party. However that may be, Sir, he cain has dealt out op- probrium to the whole profession of the clergy, without ind to sect or party. y this will, no minister ofthe Gospel ofany sect or de- nomination whatever, can be authorised or allowed to hold anyfoffice within the College ; and not only this, but no minister or clergyman of any sect can for any purpose whatever enter within the walls that are to surround this If a clergyman has « sick nephew or a sick mn, 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; Iwill not enquire into Mr.Girard’s opinions upon religion. But {feel bound to ay --the occasion demands that I should say—that this is the most opprobrious—the most insulting, and unmerited stigma that ever was cast or at- tempted to be cast upon the preachers of Chiristianityfrom North to South, from East to West, the length and breadth of the land, in’ the history ofthe 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 right of hospitality! Noteven to itted to put their over the threshold of this Col loge. ir, It is marvellous, indeed. Hitake 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 e full spirit of self denial under so little en- couragement from government of any kind, and under cireumstances, always much straitened and often distress. ed asthe Ministers of the Gospel in the United States, of all denominations ! ‘They form no part of any established order of religion --they form no hierarchy ofthe government—they enjoy no peculiar privileges—in some of the states they are even shut out from all participation in the right and privi leges enjoyed by thelr, fellow citizens—they enjoy no tithes—no public provision ofany kind. And except here and there, in large cities, were a wealthy individual oc- casionally makes them a donation, what have they to de- pend upon? They have to depend entirely on the volun- tary contributions of those who go to hear them. nd this body of clergymen has shown, to the eternal honor of their owncountry, and to the astonishment of the hierarchies of the old world, that it is practicable in free governments to raise and sustain a body of clergy- men—that for devotedness to their sacred calling, for pu- rity 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 contribu- tions alone. ype that our learned men have 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 hope that the discussions above (Congress) have done something to ameliorate th: contition 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 contend that no li- terary efforts; no judication;no constitutional discussions; nothing that has been done or said in favor of the great in- terests of univergal man, has done this country more cre- dit at home and abroad,thun the establishment of our body of clergymen and their support by voluntary contribu- tions. ‘That great truth has been thus proclaimed and proved— (a truth which I believe will in time toscome shake all the rarchies of Europe) that the voluntary support of such inistry, under free institutions, is a practicable iden. And yecevury one of these 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 | will not profane that word, by such a use of it. Did the 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 that denounced the whole body of christian teachers, and yet call itself 0 system of christianity? i ‘The learned counsel on the other side seo the fallible points of this case. They are not blind. They have, with the aid of thelr great learning, industry and research, gone back to the time of Constantine—of the Roman Emperors cite 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 varions meanin; uses of christain ‘charity; and yet, with all their skill and all their research, they have not been able to find out anything which has over been rearded as a christian charity, which sets such an opprobrium upon the forehead of all its ministers, If, with all their endeavors, they can find any one thing which haa heen so regarded, they moy 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 ecclesi- astical 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 Girard was charitable. not now going to controvert this. I hope he wi hope he has found his revyard. _ It has also been anked, n't 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 life-time. Nor can the law be altered for the magnitude and muni- ficence of thebounty. What is the magnitude and muni- ficence of that hounty which touches the very founda. tions of human society—which touches the very founda. tions of Christian charity—which touches the very foun- dations of public law, and the constitution, and the whole welfare of the State ? ‘What is charity 7 It has given to it various significa. tions. In the larger and broader sense it means the kind. ly exercise ofthe social affections—all the good feelings which men entertains towardsfman_—oherity islove—this is that charity which is the foundation of that love the disciples bore for their Master—of the teachings of the apostles—this ie that charity which covereth the sins of Tam men—" that reth all things, hopeth all things”—or in a pure popular sense,it is merely alma giving—-ueeds of kindness done to others. But the question for your honors to decide upon is— « what are charitable nsés ?” On this point we have been referred to those mentioned in the statutes of Elizabeth and others. ‘There is no doubt 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 Eliza. beth, was acharity ; and all such have borne that name to this day. I mean to confine myself to that description of charity that is thus treated of. And to apply that description to this case alone The devise before us propores to extablish, asits main ob- ject, a school of learning, a college. There are provisions— hut all else is subsidiary. The reat object is the instruction of the young. And in addition to this education, it pro- poses to give the children better food and clothes and lodg. ing, and propores that the system of education shall be somewhat better than that which is usuully provided for the poor and destitute in our public institutions generally. ‘The great object, then, is to establish a school of learn- ing for children, beginning with them at avery tender age, and retaining them tinder that systom till they are on the verge of manhood, when they have expended more than one third part of the average duration of humen them till they ; perio be expended in which is much more than a third part of the e of human existence, ‘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 alphi bet. John Wesley didn’t know a letter till after he six years old, aud his mother then took him on her In and taught lim his alphabet at a single lesson. And this iv the case with @ majority of parents, and many still flew nptne vente instil the rudiments of education ¢ mind of a cl |, even at that ear! better than labor thrown away. netstie Pes The great object, then, which I wish your honors to bear in mind—that Mr. Girard seemed to have in view, was tojtake these orphans at this very tender age, and to keep them within his walls until they were entering man- 1 never, in the whole course of my life, listened 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 happily what his mind conceived ko clear} He is right when he speaks of it as an «i Christian religion. He is right when he its origin in the Word of God. He is right when he says that it wasunknown through all the globe till the first dawn of Christianity. He is right, preeminently nght, as he was proeminently happy in his power ef clothing his thoughts and feelings on the subject. AndI maintain, that in any institution where the an- thority of God is disowned, and the duties of Christianit derided and despised, and itt, ministers ehut out from all participation in its'proceedings, there can no more be charity—true charity—found to exist, than evil can spring out ofthe Bible, error spring out of the bosom of truth— hatred and animosity come forth from the bosom of per- feet Jo 0, fe. For if they take them at six and kee aes @ period of twelve years wil: aver ! No, Sir! If charity denies its birth and pa- rentage—if it turns infidel to the great doctrines of the Christian religion—if it turns unbeliever—it is no longer charity! It is contradiction in terms! There is no charity wither in a Christian sense, or in the sense of ju- risprudence. For it separates itself from the fountain of its own creation. Thereis nothing in the history of the Christian reli- gion—there is nothing in the history of humun laws— Cither before orafter the conquest—there can be found no such thing as a achool of instruction from which the Christian religion is excluded. And itis because of this conuexion between the churity of a school of instruction and Christianity—it is for that reason that the charity is to be regarded ay 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 prepared to stand by Iwill not say there may not be a chority for instruc- tion in which there is no positi sion lor the Chris. tian 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 in- struction from which the Christian religion and Christi teachers are excluded. It is deprived of that vi which causes it to be regarded as. a charity; and by r son of which it is entitled to the special favor of the courts of law. ‘This is the vital question which has to be decided by this Court. It is vital to the understanding fof 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 de- cide thie case, 1 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 istrue that she ix not aq in- fidel State, She has a Christian origin—a Christian code of laws—a Ce ga 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 und great impor- tance of *he 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 childven, that are to. bo eubmittod (o tt ia experi- ment of instruction without christianity. In the first place thoy are orphans—have no parents to guide or instruct them in the way in which they should go—in that course whose ways are pleasantness and all her paths are peace— no father, no doting mother, to lead them to the pure fount of Christianity—they are orphans! Ifthey were only poor there would be somebody bound by the ties ofhuman 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 proprieties of belief ¢s well as conduct—the child would ve its father or mother to teach it to lisp the name of eatur in prayer, or hymn His praise. it in this experimental school of instrnction, if the children have any friends or connexions able to look after their welfare, it shuts them out. Iti« made the duty of the governors of the institution, on taking the child, s0 to make out the indentures of apprenticeship as to keep it from any after interference in its welfare on the part of ardians or relatives—to keep these from withdrawing them from the school, or interfering with their instruction whilst they 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 be of iron within and iron-bound or covered without—thus answering more to the description of a castle than an; thing oles that can be imagined from the provisions. These children are then 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 confine- ment ; but it is much more, much closer confinement than ordinarily is met with under the rules of any institution at present, and has a resemblance to the monastic institu- tions of past ages, rather than any school} for instruction of a enlightened period. Allis 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 enclosure. It has been said that the children could attend foutlic worship elsewhere. Where is the proof of this? ‘There is no such provision in the devis there is nothing said about it in any part of Mr. Girard’s Will: snd I shall show presently that any such thin was just as adverse to Mr. Girard’s whole scheme, as it would be to preach the doctrines of Christianity 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 scenes. By this time his character will have been stamp- ed. For if there is any truth in the Bible; if there is any truth in those oracles’ which soar above all hw autho- rity—in this firet third of human life, the character is formed, And what sort of a character is it likely to be made by this process, this experimental system of hestrae: tion I have read the two provisions of Mr. Girard’s Will in re- lation to this feature of his school. The first excludes the Christian religion and all its minieters from his walls. The second explains the whole principles upon which he pur poses to conduct his school. It wasto try an experiment in education, never before known to the Christian world! Ithad been recommended often enough among those who did not belong to the Christian world. But it was never known to exist’ among—never adopted by anybody even professing a connection with Christianity! And I can’t do better in order to show the tendency and object of this institution, than to read from a paper by be pn White, which has been referred to by the other side, Mr. Webster here read a long extract relative to Mr. Girard’s will frum the life o1 Bishop White. page 233 ] Now, 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 | have referred to. He enjoins that no ministers of religion, of certain sects which he names, Methodists, Baptists, Presbyteri &e., ke , shall be allowed to enter his college on any pre- tence whatever. And it is worthy of special remark that all these sects which he #peaks of, and lays restrictions upon, are those belonging tothe ministers ot Christianity only. Any of the followers of Voltaire or D’Alembert mayhave 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 he now and for ever excluded. The doors are to he opened to the op- posers and revilers of Christianity ta 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 he raised high and loud, till they shake the marble roof of the building! It isno more insulting thus to exclude the one and to admit the other, than it would be to make a positive pro vision and all the necessary arrangements for lectures and lessons and teachers for all the details of the doctrines cf infidelity. It is equally derogatory—it is the same in principle thus to shut the door to one party—and open the Jor to the other. We mustfreason as to the results of such a system accord- ing 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 tenden- cy of such an education ax is here prescribed? What is likely to occur? The Court cannot suppose that the trus. tees will act in a manner so as to break this will. If th accept the trust, they must fulfil it, and carry out the de- tails of Mr. Girard’s plan. Now, what is likely to be the effect of this xystem on the minds of these children, thus left solely to its perni- cions 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 thore who will try this experiment of moral philosophy or philosophical morali- ty. Morality, without the least benevolence of senti- ment. Benevolencetowards man without a sense of duty towards God! The duties 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 their education expires. Still those who survive must be brought up imbued fully with the inevitable tendencies of this system. It has been said that there Wy ‘be Iay-preachers among them. Lay preachers! This is ridiculous enough ina countey christianity and religion. (Here some one Mr. Webster a note.) A friend informs me that in four of the principal religions sects in this country—the Episcopalians, Presbyterians, Methodists and Baptists— they allow no lay preachers ; and these four constitute » large majority of the religious and christian portion of the people of the United States. And, besides, lay preaching was just aa adverse to Mr. Girard’s original object and whole plan, as professional preaching ! It is Just as 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 at all, whilst they were within the college. And why ? He himself aarigne the reason. Because of the difliculty and tronble he ys, that mi ht arise from the multitude of sects and oe and teachers, and the various clashing doctrines and tenets advanced by the different preachers of chris- tianity. Therefore,he said that their minds should be kept free from all bies of any kind in favor of sny description of christian creed, till they arrived at manhood and left his walls | Now, are not a ag equally sectarian in their erage charayndn And it would be just as easy to prevent sectarian doctrines from being ‘preached by a clergyman, as being taught by a layman? It is idle, the: lo speak of lay preaching. Mr, Sancesr here rose and on their side had not uttered one word about lay-preaching. It was lay teaching they spoke of ir. Wewsrer—Well, I'd just as soon take it that way as the other—teaching as preaching Is not the teaching of laymen as sec arian as the preacning of clergymen?— ‘hat ia the diffuronce between unlettered laymen and let- tered clergymen on this? Every one knows that laymen are as violent controversialists as clergymen So this, while it is a little more ridiculous, is equaily 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, andeven a little more so, than professionaljpreachers And the introdus- tion, therefore, of these controversies by laymen, would not be a very edifying mode of teaching, nor would it be avery edifying exampl But there is no provision in any feature 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 lave his school, and they are to have nothing todo with religion before they do leave it. They are then to choose their religious opinions, and not before. Mr. Bixxevy—“Choose their tenets” is the expression Mr. Wensrea.—Tenets are opinions, | believe. The mags of one’s religious tenets make up one’s religion. Now, it.és evident, that Mr, Girard meant to found a cept should be enforced—but the idea is so sacred—the so- { lemn 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 | stand and | speak here in fear of being influenced by my feelings to exceed the proper line of my duty as an advocate. ° Go | thy way, at this time; iv the language of philosophical mo- | rality, and | will send for thee at a ; son, ‘This is the language of Mr, if man’s duty and destiny, and the most urge: wants of our intellectual nature, did not demand that this should be the first attended to, aud the earliest instilled, in the education of an immortal being. When an intellectual being finds himself on this earth, as soon as the faculties of reason operate, one of the first | enquiries of his mind is, “ Shall | be here always?” “Shall | Ibe here for ever?” And those writers who have been celebrated for their essays on the dignity of human rea- | y that, of all se t beings, men only is competent ing that he is to die, His’ Maker hi ableto come to the knowledge of the fact. onl he,knows his origin and destiny, Ke knows that he die! Then comes that most urgent and solemn demand for light that ever entered the mind of man, which is set forth in that most 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 man die, shall be live again 7” And that question nothing but God, and the religion of God, can solve. Re: ligion does selve it, and teaches to every man that the duties of this life have reference to the life which is to come—that moral conduct,fonnded on thia great religious truth is, the end the object of his destiny. And hence,since schoel of morals without any reference to or connexion with religion, But after ail, 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 Shattesbury, or Gibbon ; not even from Voltuire,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 Reaxon says, “ Let us devise means to establish schools of instruction, that we may banish the ignorance that the ancient regime of kings and priests have spread among the people. Let us propagate morality unfettered by superstition.” Mr. Bixsxuy.--What do you get that from ? Mr. Wxoster.—The same place that you got Mr. Gi- rard’s will from. Paine’y Age of Reason. “The same phra- seology in effect is here. Paine disguised his real mean- ing, itis true. He said, “let us devise means to establish schools to propenate morality unfettered by superstition.” Mr. Girard, who had no disguise about him, uses the plain language to express the same Henning. Let us establish schools of morality, said he, unfettered by religious tenets He says, let us give these children a system of pure mo- rals before they adopt any religion. mt i i Paine spoke of as obnoxious was that of kings and prieste., ‘That was the popular way he had of making anything ob. noxious that he wished to destroy. Now, if he had mere. ly wished to get rid of the dogmas which he says were ew tablished by kings and priests—if he had had no desire to abolish thé Christian religion—he conld have thus ex: pressed himself :— Let us rid ourselves of the errors of ings and priests, and plant morality on the plain text of the Christian religion, with the simplest forms of religious worship.” Ido not intend thus to leave this part of the cause, however, if my strength holds out. And I trust 1 shall not be considered presumptuous, or as trenching upon the duties that properly belong to another profeasion. But | deem it due to the cause of Christianity to take up th notions of this scheme of Mr. Girard’s, and show how mistaken is the idea of calling it a charity—in a more dit tinct form. 1 say this sc’ e is derogatory to Chri tianity, becausy it rejects ianity from the education of youth, by reje 8 teachers—by rejecting the ordi nary agencies of instiiling the Christian religion into th minds of youth, Ido not say that in order to make this a charity there should be a positive provision for the teach- ing of Christianity. But I say it is derogatory, because there is a positive rejection of Ch rejects the ordinar And he who rejee anend, means to defeat that ¢ 'y means of accomplishing itseli, or elee he has no wea,’ And it will not be ng on ground belong- supposed, [ trust. alittleon that pro- ing to another profes position, He who rejects the ordinayy means of accom- plishing an end, igtends to defeat’ tho end itself — ‘And I say thut this is trne, although the means originally be means of human appointment and not attaching or resting on any higher authority For sammy, if the New Testament contained a set of principles of merality and religion, without reiere the means by which those principles were to be establish ed; and yet, ifin the course of time a system of means had sprung up, become identified with history of the world, become general, sanctioned by continued use and custom, then he who rejects those means, would design 4 would reject morality and religion itself, trictly true, where the énd rested on divine au- thority, and human agency devised und used the means But if the means themselves be of higher authority, then the subject becomes much more important—it becomes iO He importance even awlil! when these means of teaching the gospel are appointed by the same authority as the gospel of the New Testament itself. There is not in the New Testament a religions truth —there is not inthe New more plain—more authoritatively laid down to man than is this doctrine of the appointment of the Christian minis. There can be no such thing in any intelligent and | Sabbath ix rendered the moral conservator of nations. just view of the Christian religion as to separate the pre- It is not ne- your Honors, that [ should proceed to argue this amped on the face of the e Divine command given spel to ey shall junction laid on the try. cept—its fulfilment from the authority itself. © when the disciples w the lost sheep of the house of Israel hear your words,” &e., was the i Apostles. And after the resurrecti nt out to preach the “When 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—the command was given, “Go yi creature.” the Christian minister; and he who does not be lieve the one, cannot, other. ‘The mode of ‘appointing the ministers of the gospel, it is true, is set forth in different forms by different sects, but still the authority used by all is oy authority of God himself, as declared to us in his re ord. Then! can’t see why any attempts should be sanctioned to overturn this important arrang ent and order of things, resting ax it does on such authority. Why should we shut our eyes to the whole history of this matter? Why do we, this day, enjoy the lights and benefits of the’Christian religion. We owe it to the early successful and continued labors of the Christian Minis- try. Departing from Asia Minor, traversing Asia, Africa, through Europe to Greenland, Iceland, almost to the ver Poles of the Harth, suffering’ all things, enduring all things, hoping all things, in order to carry with them the blessings of the Christian religion. And where w Christian religion ever received—where was th tian religiongever planted, or where did it ever take root but by of—does the history of the world accord an i efforts of lay teachers? Descendin parishes and villages, we find that the « was carried every ‘where by agency was the ministers of the gorpel. res Christian truths to small circles and in amall I maintain, therefore, that this devise is defe wsregards it being entitled to the legal term of a charity by th ing principle which runs throu ty has been taught since the creation of the world This plan, as laid down by Mr. Girard, wax to place mo- rals upon some ground, independent of religion. Becanse we are told that these youths are to be made very good ‘That provi- moralists before they get any religion at all sion, in itself, is highly derogatory to the Christian reli dion, because it removes that foundation which all sects regard asthe purest and only true foundation for true morality. It says, in effect, that religion is not necessary to form ‘sound morallty. What can be a higher insult, or a more derogatory to Christianity, than this? 1s it not e: tablished as a truth throughout the civilized world, th ‘system of education, in order to inculcate true moralit: must have its foundation in religion or religious truths? And the system of education that rejects that must be de- rogatory to Christianity. But at what age of the Christian era have those who professed to teach the Christian reli zion not inristed on the early teaching of its precepta—to inspire youth at an early age with love and reverence for the Christian religion? In what age—by what sect— where—when—was the system of instruction in religious truths struck out from the edneation of youth? Why, no! Nowhere! Never! It is the very essence—the vitality of all our systems of education! “From this doctrine, Mr Girard dissents. He declares in his Will that it is not n cessary to make it effectual; and therefore I say the de- vise is derogatory to Christianity. And he dissents not these sentiments—not only from all d authorities on the results of 1 Christian education—bnt he dissents rauthority—that of the Bible itself, My 4 who is opposed to me, has quoted to your honors the second commandment in the Bible. But there is a first commantnent, which is the foundation of all re- ligion ond ell morality. It teaches man the gr ful truth,that there is hat onefiod.and the propriety of wor- shipping that one God tnd this first commandment of the Decalogue is the foundation of all the morals in the Chris: tian worl?. And when the ingpired foander gave this De. calogne, he coupled it withthe iajnnetion—" And these words, which leommand thee this day, shall be in thy heart.’ And tho It teach them diligently unto thy children, and shalt talk of them when thou sittest in thy house, and when thou walkest by the way, and when thon liest down, and when thon risest up. And thon sha! hind them for asien upon thy hand, and they shal be a frontlets between thine eyes.” T shall now proceed to an authority which, if possible is even still more sacred, Let ws refer to what oce when little children came unto the presence of the So God. Many persons, his disciples and others, were around Him, and some were for sending them away but he said—“Snffer them tocome unto me! Unto me! He did not send them to a school of morality first he did not end them away to get an education firet—he lid not send them to read the philacteral garments of the priests—to learn the difference of creeds—he did not say to his disciples, " Make them good moralists. and then bring them to me” But he said “ Suffer little children to come unto me”—to me, atonce. And that injunction ad. dresses itself this day tous with equal force—it is held equally imperative on every Christian mind. It proceed ed from the same authority—the Throne above—as pro- ceeded the rest of the commande of the Bible, And not only my heart and judgment tells me that this great pre- ly f the admitted and re Christianity @ precept of morals at there is no authority more clearly set forth, than ‘the authority of appointing stance of o single speck of earth that was ever Christianised, by the from cities downto jan religion humon agency, and that And the history of the operation teaches us that every where the greatest its have been produced by the early administration of it—the rejection of all the appointed means by which Christiani- 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 1t, a8 it were, to the baptia- mal fount—to baptise letters with the sucred influence of the Christian religion ; to bring all, the early and the late, to the same sacred source, and sanctify them for the use and blessing of the human race. {flere Mr. Wansten stated that would trouble the Court by reading a passage from “ Coleridge's Lay Ser mons,” having reference to this peculiar purt of the argu- ment ; but after searching for some time, he could not Price Two Cents, And the same we find in Volney’s Ruins of Empires He arrays in a semicircle the ‘aigereat und conflicung re gions of the world. “And, first,” suys he, “surrounded by a group, ly various fantastic dress, thet coniused mi ture of viviet, ted, white, black, and speckled garments, with heads shaved, with’ tonsures, or with sLort hairs, with red hats, square bonnets, pointed mitres, or long beards, is the standerd of the Koman Fonuff Ou his right, you see the Greek Pontilt, and on the leit wre the simdurds ottwo recent chiefs, (Luther and Caivin,) who, shaking off a yoke that had become tyrannicel, had rased alter ‘agaist altar in their reform, aad wrested Lali ot Luope fom the Fope, Behind these we the subaltern seats, sub- divided from the principal divisious. ‘The Nestorians, Eutycheans, Jacobiws, iconociasts, Anabepusts, Presby- terians, Wickuitives, Onandians, Menicheans, Preuste, Adamites, the Contempleuves, the Quékers, the W eepers, and a hunured others, all of distinct purues, persecuung, when strong, tulerunt When Weuk, baupg each other in the name of the God of peace, lorming euch ms exclusive heaven in @ religion of universal charity, damamg each other to pains withuut end in a future state, and realizing in this World the imaginary hell of the other.” Can it be doubted tor an instanc that sentiments like these are derogatory to the Christian religion 7 And yet on grounds and reasons, exactly these—not lake thene— but exactly 1Hx9%—Mr. Girard bases his excuse for excluding Chrisuanity and its ministers from his achool ; and yet expects that this Court will decide this to be a charity a he meaning of the law, and as such entitled to the pecu- privileges of all Christian divines ior charitable uses. hese are his own words, his own reasons, stated here by the learned counsel, giving to them ali the force of their own weight of character and earnestness of argument could give them, and what have they found that cun be said here in favor of the devise that has not been argued by Mr. Girard himself in his own Will? It has been said that Mr. Girard was in @ ditticulty—that he was the judge and disposer of bis own property. We have nothing 10 do with his difficulties. it has been sed, that he must have done as he did do, because there could be no agive- ment, otherwise—agreen among whom? sbout what? He was at livert ake a charity as teres he could do 60, with his vie He had to cunsult no one as to what he should do in the matter. And if he had wished to make that charity so that it might obtain the especial to find the passage which he wanted. Another important point involved in this question is, that if this is to te gcse a charity, what then be- comes of the Sabbath day—the Christian Sabbath? Ido not mean to say that this stands on the same authority as the Christian religion; but I mean to say that the obsery- ance of the Sabbath is a part of Cl nity in all its forms. All Christians admit the observance of the Sab- bath, All admit that there is a Lord's , although there may be difference in tne belief as to which is the right day to beobserved. Now, | say that in this i ‘i under Mr, Girard’s scheme, the ordinary observar the Sabbath could not take place, bec the ordinary means of observing it, employed by clergymen, are ex ded, I know that I shall be told here, also, that lay te ers would come in again ; and I say again, in reply, that where the ordinary means of attaining an end are exclu- ded, the intention ix to exclude the end itself, There can be no Sabbath in this College—there can be no religious observance of the Lord's Vay; for there are no means for attaining thatend. 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 [ say again, that it would be just as much opposed to Mr. Girard whole scheme, to allow these children to go out and ar tend places of ‘public worship on the Sabbath day, ae it would be to have ministers of religion to preach tothem within the walls ; because, if they go out to hear preach. ing, they will hear just as much about religious contro- versies, and clashing doctrines, and more than if appointed preachers held forth in the College. But his object, as he states, was to Keep their minds free from all religions doc- trines and sects—and he would jnst ax. much defeat his ends by sending them out as thongh he had a religious es- tablishment within his walls. Where then are these little children to go? Where can they go to learn the trath— to reverence the Sabbath? They are far from their friends—they have noone 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 biaa on the subject—and they are just as far from the ordi- Dery, observances of the Sabbath, as though there was no Sabbath day at all. And in connexion with this subject 1 will observe, that there has been recently held a Jarae convention of clergy- men and laymen in Columbus, Ohio, to bring the minds of the Christian public to the importance of a more par ticular observance of the Christion Sabbath; and I wall read, as part of my argument, an extract (rom the address which bears with peculiar force upon this case. “It is alike obvious that the Sabbath exerts its salu'ary power by making the population acquainted with the be- ie perfections and laws of God; with our relations to his creatures, and our obligations to Him as ration- r able subjects, and with our character as sin- ners, for whom His mercy has provideda 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. “Tt is by the reiterated instruction and impre: ybath imparts to the population of 9 je which it forms—by the cans by the habit nethod, cleanliness and industry it creates—by the rest and renovated vigor it bestows on exhausted animal nature—by the lengthened life and higher health it affords—by the holiness it in- spires, and cheering bopes of heaven, and the protection and favor of God which its ubservance insures—that the “The omnipresent influence the Sabbath exerts, how- ever, by no secret charm or compendious action, upon masses of unthinking minds ; but by arresting the stream of worldly thoughts, interests and aifections— stopping the din of b uniading the mind of its cares and re sponsibilities, and the body of its burdens, while God speaks to me they attend and hear and fear, and learn to do His will. “ You might as well put out the sun, and think to en. lighten the world with tapers—destroy the attraction of gravity, and think to wield the universe by human pow- ers, as to exting! the moral illumination of the Sab- bath, and break this glorious maiuspring of the moral go- vernment of God.” And I would ask, would any Christian man consider it desirable for orphan children, after his death,to find to all the world, and preach the gospel to every, T say, therefore, th ene u and does not, believe the | refuge within this asylum, under all the circumstances and character and characteristics which belong to it ?- Are there, or will there be any Chris nh parents who would desire that their children should pinced in thir school, to be for 12 years exposed tothe certain exposure to pernicious influences which mus: be brought to bear on his mind? I very much doubt ifthe tian father who bears me this day, and | am q there is no Christian mother, 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 as children can be left who would notfrather trust them to theChristinn charity of the world, however uncertain it has been said to be, than to place them where their physical wants and comforts would be abundantly attended to, but away from the so. laces, the consolations, the graces and the grace of the Christian religion? They wonld rather trust them to the mercy and kindness of that spirit which, when it had no- thing else left, gave a cup of water in the name of u disci ple—to that spirit which had its origin in the fountain all good, and of which we have on record an exai most beautiful. the most touching, the most inte: yi affecting that the world’s history contains—I mean the offering, of the poor widow who threw her two mites into the treasury! What more touching, more solemnly af fecting example could we find than was here exemplified hy that poor woman, whose name we know not—whore tribe we know not—whence she came, or whither she went—of whom there is nothing Jeft upon record but this <ublimely simple story, that when the rich came to cast their proud offerings into the treasury, this poor wor Iso, and cast in her two mites! one farthing! And ample has teen read, and told, and gone—sunk deep into a hundred millions of hearts since the commence- ment of the Christsan Era—and that example has more good than could be accomplished by a tho marble palaces—hecause it was charity mingled with true benevolence—given in the feor, the love, the service, and honor of her God—because it was charity—as all true charity has—that had its origin in the Jaw of God. be. cause it was 2 gift to the honor and glory of God! In many legacies that have been left, they have been spe cially denominate? a gift to God—and they have com underthe term, for charitable uses. But can that be in the face of all the of Christian man? 1 nrraign no man for mixing wp a love of distinction and notoriety of character with hia charities. | blame not Mr Girard because he desired to reise agplendid marh in the neighborhood of abeantiful city, lure for ages, and transmit his name and fame to posterity Hie charities may have been well intentioned, but it is no! to be valued, if it has not the chastening influences of mie religion—if it has no fragrance of the epirit of Chris: tionity. Itis not a charity, for it has not that which gives to charity its vitality. I now come to the consideration of the second part of this clause in the Will—the reasons assigned by Mr. Gi rard for making these ri with regurd to the min istera of religion ; and these are ax derogatory to Christianity as is the main provision itself exeluding them. He says that there is such a multitude of sects and diversit: vill exclude all religion and all its ministers in order to: pthe minds of the eliil dren free from clashing controversies! Now, does not is tend to snbvert all belief in the use of teaching the mn religion to youth at all? ‘To «ay that the evil Iting to youth from the differences of sects and creeds overbalances all the benefits which the best of educations can give them? Because of the variety of roots and branches, and b e they occasionally commingle with or cross each other, that, therefore, they will hody of Christianity itself? ‘That all th branches of the tree of religions knowledge ed, and twined, and commingle all so run i and over each’ other, that there is, therefore means of a Christion Ministry? Did we ever hear no remedy but to lay the axe to the root of the tree itself? [t means that—and nothing more than that uid nothing less! Now, if there ean he any thing nore derogatory to the Christian religion thar this, J should like to see it, Now, in all this we see the attack made upon the religion itself, through the alleged misconduct of itt members. And’ that's the objection urged hy allthe lower and more vulgar schools In all those of infidelity throughout the world Sociali called schools of Rationalism in Rngland, and varions oth: which they infest. The fire cal moralists, and reqenerators of the b tack the agency throngh which religion and Christianity is alminiatere) to man. But in this th nothing new or original. We find the same mo le of attack and remark in Paine’« Age of Reason” At page 936, he says, “The Bramin, the follower of Zoroaster. the Jew, the Mahome- tan, the Church of Roma, the Greek Church, the Protest tant Church split into several hundred contradictory sec- taries, preaching, in some instances, damnation ags each other, all cry out, Our holy religion.” favor of the courts of law, he had only to word the devise so as to ensure that result, But the learned gentleman went even farther than this, and to an extent that | regretted ; he said that there was as much dispute about the Bible, 4s about any thing else in the world. No! thank God, that is not the case! Bixney.—The disputes about the meaning of words and passages! you will admit that? Wensien.— Well, there is a dispute about the transla. tion of certain words ; butaif this be true, there’s just ea much dispute abuut it out of Mr. Girard’s institution as there would be f it was init. Andal this plan is to be advocated and sustuined, why don’t every man keep bis children from attending all pluces of public worshay until they are over 18 years of age? He says thut @ prudent parent kveps his Child from the influence of secturun doc- trine»—dy which I suppose him to mean thote tenets that are opposed to his own, Well, [don t know but what that plan wus Likely to make bigots as it is Lkely to make anything else. I grunt thac the mind of youth should be kept paaut, and free trom all undue und erroueous in- fluences—-that it should have as muck play us is consistent with prudence ; but put it where it Can obtain the ele mentary principles of religious truth at any rate—those broud and general precepts which are adinitted by ail Christians, But here in this scheme of Mr. Girard’s, all sects and all creeds ere denounced. And would not @ prudent father rather seud his child where he coula get eny furm of the Christian religion rather than none at ail? ‘There are many instances of institutions, prolessiug 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 colieges all over New kngiand ditier in certain minor pomts of belief, and yet that is held as no ground for excluding the youth with other forms of belict, and other religious views and sentiments. So with the Methodista—and with all creeds, But thia objection to the multitude and differences of secta is but the old story—the old infidel argument. Itia notorious that there are certain great religious truths which are admitted and believed by all Chreuens! All believe in the existence of a God. All believe in the im- mortality of the soul! All believe in the responsibility in another world torour conduct in this. Ali bebevein the Divine authority of the New Testament. And Dr. Payne (although not very high as a Divine) says that single passage from the New Testament shuts up the mouth of human questioning, and concludes the amount of humén reasoning. And can’t all these great truths be taught to children without their minds belug perplexed with clashing doctr and sectarian contioversies 1— Most certainly they can ! ‘And to compare secular with religious motters, what would become of the organization oi society? what would become of man as u sucias being, in Connexion with the social system, if we applied this mode of reasoning to him in his social relations? We have @ constitutional govern ment, about the powers, and limitations, und uses of which there is a vast amount of differences of belief, Your hon- ors have a body of laws, in relation to which differences of opinion almost innumerable are daily spreud before the courts—in all these we sce clashiug doctrines and opi- nions advanced daily to us great an extent asin the reli gious world. And 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 Div; stitutions up by the oot, ifsuch reasoning is tu receive the sanction oflaw. Atibe meeting of the first Congress there waxadonbtin the minds of mauy about the propriety of opening the same with pray er;and the reason assigned was as here, that there was so much diversity of opinion and religious belief. Until at last, Mr. Samuel Adam, with his gray hairs hanging about his shoulders, impressive venerableness now seldom to pore owing to the difference of habite nly, and with the air of a perfect Puriian, wid it did not become men—professing to beChristian men—who hud come there fur solemn deliberation in the hour of their exe tremity,to say that there was so wide a difference in their religious beliet that they conid not as oue man bow the knee in prayer to the Almighty, whote advice and assist- ance they boped to obtain. And, independent as be w and an enemy to ail prelacy as he was known to be, bi moved that the Rev. Mr, Dushay cf the Episcopal Church, should address the ‘Ihrone of Grace in prayer. And that John Adams, in his letter to his wile, says thet ue never & more moving epectacie. Mr. Dushay read the Episcopal service of the Church of England, and then as if moved by the oc casion, he’ broke out into extemporancous prayer. And those men who then were urt to force to obtain their rights were moved to ran down the cheeks of the pacific Quekers who formed part of that most interesting assembly, And depend upon it, that where there is a spirit of Christianity, thet there is a' spirit which rises above form, sbove ceremonies, inde- pendent of sect or creed, and the controversy of clashing doctrines. ‘And acconding to the argument of my learned friend, the consolations of religion cannot ever be administered to any of these sick and dying children. But. it is said that out beyond the walls of the school je ¢ carried out. To a hostelry—or hovel, and there these rights of the Christian religion which can- Performed within thove walls, even in his dyin Vhy, it would be a desecration of all the rités of receiv not be hour. the Christian religion, to have them obtained and perform: ed in thia wrt But it is asked, what could Mr Girard have done? He could have done as has been done in Lombardy by the Emperor of Austrin—w na large institution the prin- iple is established of teaching the elementary principles of the Christian religion— of enforcing human duties by divine obligations—and carefully abstaining in all from interfering wi orthe inculcation of secta loctrines, How have th: England? There the great elements of Chri are taught in every school,os far a& | am acquat them. The parables, the sermon on the Mount, end a vast Jeal of other matter of 4 similar nature, are allowed to be read and taught in all of them, 1 shall close this part of my argument by readin; extracts from an English writer, one of the most profoun thinkers of the age= a friend of retormation in the govern- ment and Iaws—Jonn Foster, the friend and associate of Robert Hall Looking forward to the abolition of the present dynarties of the old world, end desirous to see now the order and welfare of society is to be preserved in the absence of this present great vonsereative principle. he | roys— “Undoubtedly the zealous friends of popular eduestion unt knowledge valuable absolutely, ax being the ap- ension of things ms they are; a prevention of delu- ; ond eo far a fitness for right volitions. “But they consider religicn (besides being iteelf the pri- nary and infinitely the most important part of krowledee) 1 a principle indispensable for securing the full benefit ef ‘ll the rest. It is desired, and endeavored, that the nnders tandings of these opening minds may he teken possession of by jnst and solemn ideas of their relation to the Eter- nal Almighty Being ; that they may be taught to appre- hend it as an awful reality; that they are perpetvally un: ler His inspection ; and as a certainty, that they must at length appear before Him in judgan ther life, the consequences of what th conduct here. It is to be impress is the supreme law, that His declaration mentous truths known on earth ; and H Jemnation the greatest good and evil ond find, in ano « the most mo- or and con. ranascend - Und mey of this divine wisdom it is, that their diseipline in anv other knowledge is designed to be conducted ; sot rt nothing in the mode of their instruction may have @ tend. eney contrary oit, and every thing be tanght in a manner tecognizing the relation with jt, as far os shall consist with anatural unforced way of keeping this relation in tis cought to be cecured, that ax the pupil's ronger and multiplies its resources. and he vecessarily more power and means for what minously presented to him, 9» ed upon him, the most solemn fs right is the discipline meditated for preparing the classes to puraue their individual wellare, ir part as members of the community ris is to be taught. in many instances directly, in nformation from the Holy Scrip: Will else be impressed, wll igion. And religion, while ta grand concern ix wi state of the coul towards od and eternal interests. yet take® every principle and nie of morale nndeg ite peremptory eanotion; making the primare obligation and responcibility be towards God, of duty, with respect fo men f thie eineation, the conree of propriety shall he conselence—the coneiferation of how. shey ought to de reeniated in their conduct as ® part of he community, shall be the recollection that their master n heaven, dictates the lowe of that condiect. and will ju. licinlly hold them amenable for every part of it. “And is it not a discipline thus addressed to the pnr- pose of fixing religions principles in ascendancy, as far ‘as that difficult object is within the power of discipline ives. from which authority he while, the principles o