Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1844-02-17
The Girsrd VIII Case.

dent that the Supreme Court Room was so
much throngcd on Friday with lawyers, ladies',
members, &c, that it was impossible almost TO
get within sight or hearing Of Mr.. Sergeant af-
ter his argument was commenced. The "pri.
vilcged seats were entirely occupied by the Ia
dies, who looked as grave as the Judges, and
special indication of assent to that part OF MIR.
Sergean,'s argument, which showed laymen
and loyWomcn were as competent 10 give reli-
gious instruction as the ministers the Gospel,
who were excluded, by the will of Mr.. Girard,
from the office of instruction. BY the way, the
whole of Mr. Sergeant's argument on this i'm
portant point, which was so much urged by the
counsel on the other side, was admirable. lie
contcndcd against the idea that there could be
no religion nor religious instruction without
ministers, and he showed that the VIII did not
exclude the Bible and instructions in it, which
was the source of pure morals and true religion.
lie contended, too, that the gentleman who was
at the head of the institution now in the ser.
vice of the United States, was competent, be-
ing himself a religious man, TO expound TO his
pupils the truths Of the Gospel.
We copy from New York paper the con-
tinuation OF Mr.. Binney's argument upon the
Grard Will Case.
Supreme Court, Feb. 7-Mr Binney pro.
ceeded TO his second point in the series of pro-
positions laid down yesterday. Supports this
by saying
That the charitable uses of England fell with
the monasteries, and that after the reformation
public charities having been perverted into pri
vate charities, and otherwise msused, TO effect
restoration Of these charities 10 their proper
uses, this 80 Eiz ch. SO was passed. TO show
this the preamble read 43 Eiz chap. A then ci-
ted. The first covers all sorts of charities. The
second only enumerates twentyone kinds OF
charities This concludes the statuury of the
doctrine trusts.
The cases at common law next came on Mr..
Bnney has never been able to find case, in
which the validity of charitable use has been
doubted. The question has been whether the
use was in good condition. What in your
books is called a condition, about Elizabeth
Judges called trusts. On this point Mr.. Web
ster looks puzzled scratches his ear, and rubs
his forehead AS Mr.. Binney reads his cases
otcharitable uses, some of them, such as an use
10 keep from priests praying forever, he sets the
ladies' laughing. CA pretty girl in the corner
seems to think ogling much better trust.) The
statute of 23 Henry Sth was purposely written
ambguously, being the first act, destroying su.
perstitious uses towards the Pope Mr.. Choate
Senator, comes into court, and Mr.. Webster
and he, retiring into corner have five minutes
talk-probably on Senatorial use.
The common law extends generally in Penn
syvania, and those who allege an exception
must show it. Mr.. Binney gives sketch o
the history ofthe Hamilton family, as growing
ont Of case in Sergeant and Rawle, ilustra
ting this view.
This is not an ant-christian trust. The bill
in Chancery does not allege this. WITH sen
sble religious man, should argue this case plea
surably. But here these claimants having frs
got all they could under the will it is their re
ligion 10 plead the irreligion ofthe will, and rol
the orphan to help themselves They did not
until their legacies were paid, discover the i'm
piety of the will and did not, as a religious
man should have done, refuse the legacy becaus,
1t was tainted by its source. am here very de
licately situated, and let all who hear me re
member | am here to show the difficulties tha
met Mr. Girard in drawing his will SO as /,
cover his views.
Mr.. Glrard had two plans to follow lst, II
fix on sect. ID, To say nothing about reli
gion. Review these plans and their Difficult
ties. The fundamental error of Mr. Grard
in my opinion, was in endeavorng to bring
all SectS into his college. But he had righ
TO do il; ; and having adopted this view, thel
he did best in the course he pursued. | vii
now show what Mr. Girard has done ther
what he has not done and then Ourned L
Mr.. Webs,er) / will leave my friend to shov
what he ought to have done,
Nothing in the will to prevent children &c
ing to church-the provision is, that layme
shall instruct within the walls ef the asylum
This argument in detail puts quite move
aspect on this case. The conscience OF tn
gver is the test where those who as rt
ceivers have a choice TO accept or refuse NJ
Webster dissents by shaking his head
[On concluding this point, MIR. Binney oper
ed portfolio holding about ream of brief, an
proceeds whereat the faces OF the Judg,
NJ \Vahetor lS FIR mara m