The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-15
UNITED STATES SUPREME COURT.
WASHINGTON, Tuesday, Feb. Ii.
Mr.. Websters Argument Continu ed.

shall now, may it please your honors proceed to in
qure whether there in the State Of Pennsy any
settled public policy which thus School i ny
if there be any settled public policy in the Laws of Penn
sylvania then any school, scheme system which
Se Of Court Of Equity will not be denied
that there general public policy in that as IN all states
deemed that any scheme school Of education which d
recty opposes this il not to be favored by the courts
Pennsy wanna is free and independent state She has
popular government-a system Of trial by jury, OF free
and universal suffrage of vote by ballot Of aenabiiy
Of property and Onal these form part Of the general
Ru' , s'y S aa spssi na %
he pleases against popular form Of government free
dom Of suffrage trial by jury and against any or all Of
mina But he does that which, if case arises in coAse
quence thereof in which he is supposed to seek redress
the courts will not grant that favor There Of
these features of the general public policy Of Pennsyva
MA but what school might be established and preachers
and teachers employed to teach az nst it. That might
in certain sense considered school of education but
would not be charity And if Mr. Girard in his life
preach and teach in favor Of ndely or against popular
government free suffrage trial by jury, or the aiena'
by of property there was nothing to stop him. or pre-.
vent him from doing But where any one or all OF
these come to he established in school system as
charity and before the courts for favor then in
neither one all they'll favored because they
opposed to the general public policy and public law Of the
State.
These great principles have always been recognised
lie law Of than is the Christian Religion
But we have the Charter as prepared
by S s es at the very Of the whole
ernmen that the of christianity is one Of
the great and leading ends Of government This is de-
Pennsylvaniahe statutes against Basphemy the viola
ton Of the Lords Day. and others to the same effect pro-
coed this great broad principle that the Of
Christianity and the consequent suppression Of ndey)
is one of the great ends Of government This the gene
raj public policy Of Pennsylvania. On this head we
have the case OF Updigra against the
Sargent Rawle, p 1874 here decision in accordance
with this whole doctrine given by the Supreme Cour
of Pennsylvania. The solemn opinion given by that tri
buna begins by general declaration that Christianity il
and has always been part of the Common Law Of Pennsyl
vania it is very elaborae goes into the first constitution
and the ID constitution; the foundation the great charter
and the intentions Of its great founder PENN treats
the whole subject, and concludes in solemn manner
with the declaration that Christianity part Of the con-
mon law Of Pennsylvania
have said your Ionors that our system of oaths ir
all Courts, by which we hold liberty and property
and all privileges founded on or rest on Chris
tianity and religious belief So does the affirmation
Quakers-tha rests religious scrupes drawn from thu
The courts Of Pennsylvania have always decided tina
charitable bequest which counerscts tho public policy
Of the state cannot be sustained We have instance
this in the often cited If the Methodist Chrrch agans
Rvingon al This devise to the Methodist church
generally extending through the States and into Canada
and the trust was declared void this alone;
was with the public policy of the Statein
consistent with the general laws Of PeDnsylvana.-
And this decision was rightt was founded on the law
law of 1891 and the law of $780, and other statutes
But Is there any comparison TO be made between thai
ground which devise to church is declared void
because il is merely inconsistent with the public policy
ofthe State and that devise which undermnes and op
poses the whole Christian and deries the whole
fits ministers The tending to destroy all re
gon-and the other merely against the spirit OF e
gation and laws of the State and its general public 20
icy ofgovernmeu Can he shown that this devise OF
piece ground to the Methodist Church can he opposed
and not be shown that such devise as that OF Mr. Gi
rards which tends to overn well az oppose the pub
lie policy and laws Of Pennsylvania can also be opposed
Sir there are many other American cases which
could cite to the Courn support Of this point Of the case
will now only refer to 8 Johnson. p: 29i.
is the same in Pcnnsy lvania as esewhere-the gene
raj principles and public policy are sometimes established
BY constitutional provisions by legislative
,cments-s sometimes by judicial DECISIONS and sometime
nv general consent But how, when it may be esta
tanty than this general principle that Christianity Par
If the law Of the land This was the case among the
Purans of England, the Episcopaans OF the southern
States the Pennsylvania Qnakcrs, the Bapsts the mas'
If the followers Of Wcklife and Wesley 20 our snores
the Presbyteriansa llall brought and all adopted hi
any religious sentiment amongst men at a-this soh,i
ment Incorporates itself with the law Epery nane ae
.iares IL The massive Cathedral Of the Cathoc, the
Epscopaian Church with it's lofty spire pointing heayen-
ward the plain temple Of the Quaker the log church
he hardy pioneer OF the wilderness the mementos anu
COMMISSIONERS silent vaultstheir mouidering con
,cnts The dead prope az rel as the hiring Iht
generation that Is gone before speak to II and pro
oounce II from the tomb We feel 1t All-all,-
~nroclaim that Christianity general tolerant Chris
ianity-Christisnty independent OF sects and par
faggot are unknown-genera tolerant Christianity Ia