The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-14

such religious their mairtd may enable
Then there are other regulations for the admission of
the children to this college And by these provided
that they must be poor white male orphans between the
ages OF and 10 when admitted and they are to remain
period between the ages Of IA and when they are
to be bound out to suitable trades and professions
square Of ground on which the college to be erected
surrounded by wall that there are to be certain
And by a codic to this WILL the site was afterwards
changed it carried out Of the city the space be
enclosed by the wall was to comprise IS of land
and the codcl enons that all the details relative to the
college shall carried out as in the body Of the will
have read the devise. It Is particular in mentioning
that this bequest Is for the erection Of college for
ing in certain system OF education poor white male
phan children of certain under the direction Of the
City of Philadelphia and also most particular in the
restrictions relative to clergymen, whish before men,
toned
Before proceed to discuss the other parts Of the case
honors for your deliberate and solemn judgment.
In the first place, ask your honors to decdsCan this
devise be sustained otherwise than a. a charity
II be good Limitation of law-if it require none OF
the privileges which, in courts of law all legal charity
requests do requrehen there an end Of the question
But take it that this is cOnceded-that 1t il 30.
This bequest can't stand or be regarded except as
privileged testament unes. this i So we can't regard
with that special favor which all charitable requests are
treated with in courts of equity
This bsquest, them il it stand at all must stand upon
these peculiar privileges; :.
argue proposition which is certainly OF the highest
magnitude that this court called upon adj
court probably will be called upon to adjudicnte II
Ss1e ~ me % d DC charity ys Sa
by any decisions of the courts neither by any process Of
general reasoning this be considered charity at all
agree that the courts of have full power
in this matterthat they have the Of Patc
and all the rest But this question turns not on the urs
dction Of the court but on the inherent and manifest
express myself accurately, clearly. What say. have
considered and shall stand by. repeat that this is no
IN theC hriat 10
for that regont tends to weaken their convic
ton Of its authority and and therefore tends
to mischevous and not desirable ends.
subverts the only foundation of pure morals and
therefore subversve of the constitution public law und
the public policy Of the nation.
And although not closely connected with the abstract
merits Of the question other topics to which
shall advert cannot with propriety omit to notice that
this WILL this devise, pointedly opprobrious to the
clergy of the whole United States. 1t brands them all
without distinction of sect or party: -,
trbuted his charity without distinction Of sect party
However that may be- Sir he certainly has dealt out OPP
probrum to the whole profession of the clergy, without
regard to sect or party.
By this will no minister ofthe Gospel ofany sect de-
nomination whatever, be authorised or allowed &c
hold anyofce within the College, and not only this bu
minister clergyman of any sect for any purpose
whatever enter within the walls that to surround this
grandson he can't upon any pretext, be allowed visit
him within the walls Of the college. The expression ID
nothing nothing less than this :" You shanN
come here even al visitor"
Now will not arraign Mr. Girard or his motives fol
this here Twill enquire into Mr. Girards opinions upon
religion But eel bound 1.-The occasion demands tina
should saythat this is the most opprobrioushe most
insulting and unmerited stigma that cast or at
Ss cast upon s as d
of the land in the history Of the country When have
they deserved III Where have they deserved it
How have they deserved it They to be allowed
the ordinary rights Of hospitality Not even to be
permitted put their foot the threshold of this Col
lege. It is marvellous indeed.
Sir Itake it upon myself to say that in country in
the world upon either continent there be found body
Of Of the gospel who SO much Service ,,,
courasement from government of any kind and under
circumstances always much straened and often distress
ed the Ministers the Gospel in the United States OF
all denominations
They form part of any established order Of religion
they form hierarchy ofthe governmentthey enjoy
no peculiar priveges-in Of the states they are
shut out from all participation in the right and priv
eges enjoyed by their fellow citizen'.thsy enjoy nc
and there in large cities wealthy individual oc
casionally makes them donation what have they de-
pend upon They have to depend entirely on the volun
tary contributions Of those who go to hear them.
And this body Of ciergymen has shown TO the eternal
the hierarches Of the old world that il is practicable in
free governments to raise and sustain body OF clergy
menhat for devotedness to their sacred calling for
rty Of life and character for learning intelligence ptey
and that wisdom which cometh from above-inferior to
and superior to most othersby voluntary contrbu
tons alone
Hope that our learned men have done something for
the homer Of literature abroad hope that the members
Of the bar Of this country have done something to
the character of the hone that the
above Congres have done something to ameiiorae the
Of the human to secure and extend the great
charter of human rights to strengthen and advance
great principles of human liberty But contend that no IL
erary eorts no indications no constitutional
erests universal man. has done this country
dit at home and abroad than the establishment body
Of clergymen and their support by voluntary contrbu
tons.
That great truth has been thus proclaimed and proved
Ia truth which believe will in time o'come shake all the
herarches Europe that the voluntary support Of such
ministry under free institutions, is practicable idea
And YET every of these by this devise denied the
privileges which are at the same time open the vest o.
said sarctumbu will not proane that word by such
use of it.
religion and yet had no regard for one Of its ministers
Did that system of instruction exist that denounced
the whole body of christian teachers and yet call itself
The learned counsel on the other side the fallibe
points of this They not blind They have with
the aid Of their great learning industry and
back to the time of Constantneo the Roman Emperors
the dark ages and the intervening period-down to the
settlement Of these coonies they have explored every
nook and corner Of religious and Christian history find
out the various meanings and Of christian charity
and yet with all their skill and all their research. they
have not been able to find out anything which has ever
opprobrium upon the forehead Of ali its ministers r.
with all their endeavors they find any one thing
which has been regarded, they may hare their college,
and make the most Oft
The thing doesn't exist-it nerer had 5eing-hisory
doesn't record it-common sense revolts at it.
certainly is not necessary for me to make an eccles
asca argument in support of this proposition. The
thing plain that it must instantly commend itself to
your honors.
II has been said that Mr. Girard was charitable. ] am
not now going to conrovert this lhope he was hope
he has found his reward II has also been asked, Cant
Mr. Girard be allowed to have his own wi-to devise his
property according to his desire :" Certainly he
in any legal devise and the law will sustain him therein
But ii Is not for him to overurn the law of the land The
law cannot be altered to please Mr. Grard He found that
out, believe in two three instances in his lifetime
Nor the law be altered Tor the magnitude and NUM-
fcence Of the bounty What the magnitude and NUM-
cence Of that bounty which touches the very founda-
tons of human socetywhich touches the very fonnda.
tons of Christian charitywhich touches the very foun
dstons of public law, and the constitution, and the whole
welfare of the State?
What is charity 1t has given to it various signfca.
TONS In the larger and broader it the kind
y exercise ofthe social aectonsal the good feelings
which man entertains towardsl is loveths
that charity which is the foundation Of that love the
sciple bore for their Masterof the teachings Of the
aposesthis il that charity which covereth the sins OF
men" that sufereth all things, hopeth all things'or
in pure popular seusc is merely aims givingdeeds Of
Kindness done to others.