The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-16

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sity of Phadephia has in the matter And not onys this
the proper reading Of the win here but tho drasghtman
subssqusnty that nothing in this dsvsng Of the rssdve
Is to touch or alter the original grant Of any part
property to the College The , special ,;nn ne Ss
clause of the win and it is devise to the city OF ~
may remain (aiter certain contingsncies) which rs
given specifically to improve her police snd 10 cim nh
the burthens of taxation, and and here agaii
will says this shall only be given after the College
postponing all bsnefsiary interest to the city TN
every want Of the College is supplied; Then Mr.
the trust shall wily violate any ofits provisions,
he says give devise and beqneath and this real =
Of internal Improvement; but adds again this provso
always except the rents Of his real estate which Int
that II the city could execute this trust she has con-
gent interest in the rents and profit: Of this real a
SSsry Interest ss e. But r~ she fail to execute
residue goes to the State Of Pennsylvanla, es as
rents and SO on before named which are to g' ,eus
ton j. not to follow the rest All these rea srssl
estate in the City and County Of phadepts e goto
se bsoTs enyP hen again
he says, should the State Of Psnnsyvss fail to comply
hs s rsns = sspe'ai- . the United
States of America! And thsn, yea hqncu will per-
the management and publ'csi.on u them are all
to be kept separate and thas your honors must
to leave any general residuary for any purpose
whatever There another very important point which
rge that fatal s ys Of the sysn o
any object, specific devise given for specific pur.
pose Now what the use of that, we may ask If it
intention Of the tesaior to keep these funds
from being blended together Why did he not say give
the residue the remainder to the city of Philadelphia
and put the matter of the Delaware avenue the
head of that trust That would have been his course If
he had contemplated such disposition OF II as the opPos-
are that the College be provided for first by the d.
rect sum- and secondly by the contingent sum- any
the ctv of PHILADELPHIA at all.
leave that part Of the with single remarla-I
the city city Of philadelphia, nor am 50 competent to
advise her to her to be pursued for her
but may show in addition to all these points, that she can
hore no possible in this resduary denise at ALL
possible contingency And draw your honors attention
to the provisions Of the will to show how in case this de-
wise relating to the College held Valid the whole OF this
residue of the remainder must be disposed Of refer to
the 9th clause making the original grant of square Of
ground of certain numder of acres for the site OF the
college, know not how many
Mr. BINNEv.-Four acres and a half is the size
Mr. WEBSTER Qaughingly)-Wel then il appears that
on this BEAUTIFUL ,fuLTrIicATior TABLE, for such
always consider the city Of Philadelphia to resemble the
TOR tine e o he Snw by the
will, Mr. Grard proposes to Gil this square mp with as
many buildings as this square can accommodate and there
be funds sustain and Now by turning to the 33d
page Of the record, You will your honors. that
tract of land is purchased Of Mr.. w: Parker, con;
sisting of forty.fve acres and by codic to the will
this site the College removed 10 this plot of 45 acres
in extent Now, the important question arises is
that larger to be covered all over with as many
buildings as will conveniently hold, provided the funds
for their support hold ont" and according to the
q be- and way " avoiding this
provided there be funds enough For thu codoc direct
the transfer is part Of the will and whilst the transfer
covering the site all over with buildings is LETT un
aud holds good and must be obeyed or no part
can be executed For Mr. Girard explicitly in that
codoc "Anl devote this a for the same purpos
es and according to the same plan as devoted said
square al acres) to all intents Just though had devo-
led said square to said purpose" Now, how are You
going to get this The wording OF the will plain
ing ing to ,i the original provisions Of the viii, the
rs though it was the original place of location
sdysSa that he Kind Of wall with iron gates
ought to be built Sc And therefore it is that emphati
cally contend that this Will can be successfully main
tanned it is certain that the whole fund.- residue Of the
ander rents and ALL must be devoted to the covering OF
this As with buildings and the urherance Of the
Isaid, yesterday that there was great difficulty
ng in the way Of corporations such as Philadelphia a
inanca arrangements for matters that not contem
plated by their charter And this In cases OF DEAL
cation can the city be taxed to make It good But
against the city what would be the effect on these
trusts am informed that in Pennsylvania, whilst you
o.opsry Or on those II their hands il Is pro;
been there is elsewhere the common law process IN
regard to debts ande this from case that has re-
sntly srsen At Bridgeport the authorizes OF
Iousaonc Railroad and they issued City Bonds in pay
nent for the same payable, with interest &c. The
nue. accrued and the holders of these bonds on the
city for payment What DONE The question arose
the city S sa ne he
Of city government has been decided that she has
right and the holders Of the bonds have seized on p
vate property TO indemnify themselves And have re-
Gently been called in this city and consulted ny gen.
emen from Bridgeport who have had their property their
furniture taken Of their houses by the bond holders
And this will always be the in popular governments
where large votes can easily be obtained for popular pur
GENERALLY embracing those Who pay the least taxes and
have the least TO lose and will always be wiling 10 pay
out Of the city % lot
smaller portion and to enjoy the larger portion for
the good Of their country and sometimes orthe good OF
themselves (Aiuch laughter in court)
In conclusion therefore, would press upon the aten
ton OF the Court that there Is object more important
than that the law regards these charters should be
strictly enforced and maintained to the letter end That
as well a. the letter thereof Whilst there is nothing
more dangerous in its tendency or more supversive Of
than to hold Or sanction amy arnn
money for any purposes out Of the express oil
TAX. ecne Of tAis cause. [Great sensation y look
Tor no good Whatever from the establishment Of this
school-ths college schemethis experiment of an
education in practical morality" unhlesed with the in
uences Of religion 1t sometimes happens TO to at
for good by accident that which he could not achieve
continued exercise of industry and ability And
lis said even Of the skilfu and the of genius that
accident he will sometimes snatch grace beyond the
reach Of art And do think that II Mr. Girard had given
years to the study Of mode by which he could dispose
his vast fortune that good could arise to the
; general cause of charity mo good to the general
ed struggles, troubles, and difficulties in the popu-
lar councils Of great city, he could not so efectu-
ally have attained that result he hasIby this devise
in issue before the Conrt II Is not the result Of good
fortunes but Of bad fortunes which have oyerriden
and cast down whatever of good might have been
pshed by different disposition OF it. Ibelieve that this
plaintiffs shemewas unblesscd in all its purposes and
in It's original plans Unwse in all its frame and theory
aud while il lives it will lead annoyed end troubled
le and leave an unblessed memory when dies II
could believe that this Court would come to such deer
zion as the public good and the law requires believe
inst eny humble efforts Of my hsd contributed in the
east to lead TO such result anticipate and as the
public laws ana wefsro demand, should deem 1t the
crowning mercy Of my professional HE
Mr. Webster spokc THIS day for an hour and hail. and
for seven hours and half the tw o preceding days
Immediately arer he concluded all the ladies rose and left