"_Washington, February 13, 1844._

"GENTLEMEN,--I have the honor to acknowledge the receipt of your communication. Gentlemen connected with the public press have, I believe, reported my speech in the case arising under Mr. Girard's will.

I will look over the report of that part of it to which you refer, so far as to see that it is free from material errors, but I have not leisure so to revise it as to give it the form of a careful or regular composition.

"I am, Gentlemen, with very true regard, your obedient servant,

"DANIEL WEBSTER.

"To Messrs. P.R. FENDALL, HORACE STRINGFELLOW, JOSHUA N. DANFORTH, R.R. GURLEY, WILLIAM RUGGLES, JOEL S. BACON, THOMAS SEWALL, WILLIAM B. EDWARDS."]

The following mottoes were prefixed to this speech, in the original pamphlet edition.

"_Socrates._ If, then, you wish public measures to be right and n.o.ble, _virtue_ must be given by you to the citizens.

"_Alcibiades._ How could any one deny that?

"_Socrates._ _Virtue_, therefore, is that which is to be first possessed, both by you and by every other person who would have direction and care, not only for himself and things dear to himself, but for the state and things dear to the state.

"_Alcibiades._ You speak truly.

"_Socrates._ To act justly and wisely (both you and the state), YOU MUST ACT ACCORDING TO THE WILL OF G.o.d.

"_Alcibiades._ It is so."--_Plato._

"Sic igitur hoc a principio persuasum civibus, dominos esse omnium rerum ac moderatores, deos."--_Cicero de Legibus._

"We shall never be such fools as to call in an enemy to the substance of any system, to supply its defects, or to perfect its construction."

"If our religious tenets should ever want a further elucidation, we shall not call on atheism to explain them. We shall not light up our temple from that unhallowed fire."

"We know, and it is our pride to know, that man is, by his const.i.tution, a religious animal."--_Burke._

MAY IT PLEASE YOUR HONORS:--

It is not necessary for me to narrate, in detail, the numerous provisions of Mr. Girard's will. This has already been repeatedly done by other counsel, and I shall content myself with stating and considering those parts only which are immediately involved in the decision of this cause.

The will is drawn with apparent care and method, and is regularly divided into clauses. The first nineteen clauses contain various devises and legacies to relatives, to other private individuals and to public bodies. By the twentieth clause the whole residue of his estate, real and personal, is devised and bequeathed to the "mayor, aldermen, and citizens of Philadelphia," in trust for the several uses to be after mentioned and declared.

The twenty-first clause contains the devise or bequest to the college, in these words:--

"And so far as regards the residue of my personal estate in trust, as to two millions of dollars, part thereof, to apply and expend so much of that sum as may be necessary in erecting, as soon as practicably may be, in the centre of my square of ground, between High and Chestnut Streets, and Eleventh and Twelfth Streets, in the city of Philadelphia, (which square of ground I hereby devote for the purpose hereinafter stated, and for no other, for ever,) a permanent college, with suitable out-buildings sufficiently s.p.a.cious for the residence and accommodation of at least three hundred scholars, and the requisite teachers and other persons necessary in such an inst.i.tution as I direct to be established, and in supplying the said college and out-buildings with decent and suitable furniture, as well as books, and all things needful to carry into effect my general design."

The testator then proceeds to direct that the college shall be constructed of the most durable materials, avoiding needless ornament, and attending chiefly to the strength, convenience, and neatness of the whole; and gives directions, very much in detail, respecting the form of the building, and the size and fashion of the rooms. The whole square, he directs, shall be enclosed with a solid wall, at least fourteen inches thick and ten feet high, capped with marble, and guarded with irons on the top, so as to prevent persons from getting over; and there are to be two places of entrance into the square, with two gates at each, one opening inward and the other outward, those opening inward to be of iron, and those opening outward to be of wood-work, lined with sheet-iron.

The testator then proceeds to give his directions respecting the inst.i.tution, laying down his plan and objects in several articles. The third article is in these words:--

"3. As many poor white male orphans, between the ages of six and ten years, as the said income shall be adequate to maintain, shall be introduced into the college as soon as possible; and from time to time, as there may be vacancies, or as increased ability from income may warrant, others shall be introduced."

The fifth direction is as follows:--

"5. No orphan should be admitted until the guardians, or directors of the poor, or a proper guardian or other competent authority, shall have given, by indenture, relinquishment, or otherwise, adequate power to the mayor, aldermen, and citizens of Philadelphia, or to directors or others by them appointed, to enforce, in relation to each orphan, every proper restraint, and to prevent relations or others from interfering with or withdrawing such orphan from the inst.i.tution."

By the sixth article, or direction, preference is to be given, first, to orphans born in Philadelphia; second, to those born in other parts of Pennsylvania; third, to those born in the city of New York; and, lastly, to those born in the city of New Orleans.

By the seventh article, it is declared, that the orphans shall be lodged, fed, and clothed in the college; that they shall be instructed in the various branches of a sound education, comprehending reading, writing, grammar, arithmetic, geography, navigation, surveying, practical mathematics, astronomy, natural, chemical, and experimental philosophy, and the French and Spanish languages, and such other learning and science as the capacities of the scholars may merit or want. The Greek and Latin languages are not forbidden, but are not recommended.

By the ninth article it is declared, that the boys shall remain in the college till they arrive at between fourteen and eighteen years of age, when they shall be bound out by the city government to suitable occupations, such as agriculture, navigation, and the mechanical trades.

The testator proceeds to say, that he necessarily leaves many details to the city government; and then adds, "There are, however, some restrictions which I consider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said college is made, and to be enjoyed."

The second of these restrictions is in the following words:--

"Secondly. I enjoin and require _that no ecclesiastic, missionary, or minister, of any sect whatever, shall ever hold or exercise any station or duty whatever in the said college; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college_.

"In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever; but, as there is such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans who are to derive advantage from this bequest free from the excitement which clashing doctrines and sectarian controversy are so apt to produce; my desire is, that all the instructors and teachers in the college shall take pains to instil into the minds of the scholars _the purest principles of morality_, so that on their entrance into active life they may, _from inclination_ and habit, evince _benevolence towards their fellow-creatures, and a love of truth, sobriety, and industry_, adopting at the same time such religious tenets as their _matured reason_ may enable them to prefer."

The testator having, after the date of his will, bought a house in Penn Township, with forty-five acres of land, he made a codicil, by which he directed the college to be built on this estate, instead of the square mentioned in the will, and the whole establishment to be made thereon, just as if he had in his will devoted the estate to that purpose. The city government has accordingly been advised that the whole forty-five acres must be enclosed with the same high wall as was provided in the will for the square in the city.

I have now stated, I believe, all the provisions of the will which are material to the discussion of that part of the case which respects the character of the inst.i.tution.

The first question is, whether this devise can be sustained, otherwise than as a charity, and by that special aid and a.s.sistance by which courts of equity support gifts to charitable uses.

If the devise be a good limitation at law, if it require no exercise of the favor which is bestowed on privileged testaments, then there is already an end to the question. But I take it that this point is conceded. The devise is void, according to the general rules of law, on account of the uncertainty in the description of those who are intended to receive its benefits.

"Poor white male orphan children" is so loose a description, that no one can bring himself within the terms of the bequest, so as to say that it was made in his favor. No individual can acquire any right or interest; n.o.body, therefore, can come forward as a party, in a court of law, to claim partic.i.p.ation in the gift. The bequest must stand, if it stand at all, on the peculiar rules which equitable jurisprudence applies to charities. This is clear.

I proceed, therefore, to submit, and most conscientiously to argue, a question, certainly one of the highest which this court has ever been called upon to consider, and one of the highest, and most important, in my opinion, ever likely to come before it. That question is, _whether, in the eye of equitable jurisprudence, this devise be a charity at all_.

I deny that it is so. I maintain, that neither by judicial decisions nor by correct reasoning on general principles can this devise or bequest be regarded as a charity. This part of the argument is not affected by the particular judicial system of Pennsylvania, or the question of the power of her courts to uphold and administer charitable gifts. The question which I now propose respects the inherent, essential, and manifest character of the devise itself. In this respect, I wish to express myself clearly, and to be correctly and distinctly understood. What I have said I shall stand by, and endeavor to maintain; namely, that in the view of a court of equity this devise _is no charity at all_. It is no charity, because the plan of education proposed by Mr. Girard is derogatory to the Christian religion; tends to weaken men's reverence for that religion, and their conviction of its authority and importance; and therefore, in its general character, tends to mischievous, and not to useful ends.

The proposed school is to be founded on plain and clear principles, and for plain and clear objects, of infidelity. This cannot well be doubted; and a gift, or devise, for such objects, is not a charity, and as such ent.i.tled to the well-known favor with which charities are received and upheld by the courts of Christian countries.

In the next place, the object of this bequest is against the public policy of the State of Pennsylvania, in which State Christianity is declared to be the law of the land. For that reason, therefore, as well as the other, the devise ought not to be allowed to take effect.

These are the two propositions which it is my purpose to maintain, on this part of the case.

This scheme of instruction begins by attempting to attach reproach and odium to the whole clergy of the country. It places a brand, a stigma, on every individual member of the profession, without an exception. No minister of the Gospel, of any denomination, is to be allowed to come within the grounds belonging to this school, on any occasion, or for any purpose whatever. They are all rigorously excluded, as if their mere presence might cause pestilence. We have heard it said that Mr. Girard, by this will, distributed his charity without distinction of sect or party. However that may be, Sir, he certainly has dealt out opprobrium to the whole profession of the clergy, without regard to sect or party.

By this will, no minister of the Gospel of any sect or denomination whatever can be authorized or allowed to hold any office within the college; and not only that, but no minister or clergyman of any sect can, for any purpose whatever, enter within the walls that are to surround this college. If a clergyman has a sick nephew, or a sick grandson, he cannot, upon any pretext, be allowed to visit him within the walls of the college. The provision of the will is express and decisive. Still less may a clergyman enter to offer consolation to the sick, or to unite in prayer with the dying.

Now, I will not arraign Mr. Girard or his motives for this. I will not inquire into Mr. Girard's opinions upon religion. But I feel bound to say, the occasion demands that I should say, that this is the most opprobrious, the most insulting and unmerited stigma, that ever was cast, or attempted to be cast, upon the preachers of Christianity, from north to south, from east to west, through the length and breadth of the land, in the history of the 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 rights of hospitality; not even to be permitted to put their foot over the threshold of this college!

Sir, I take 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 a full spirit of self-denial, under so little encouragement from government of any kind, and under circ.u.mstances almost always much straitened and often distressed, as the ministers of the Gospel in the United States, of all denominations. They form no part of any established order of religion; they const.i.tute no hierarchy; they enjoy no peculiar privileges. In some of the States they are even shut out from all partic.i.p.ation in the political rights and privileges enjoyed by their fellow-citizens. They enjoy no t.i.thes, no public provision of any kind. Except here and there, in large cities, where a wealthy individual occasionally makes a donation for the support of public worship, what have they to depend upon? They have to depend entirely on the voluntary contributions of those who hear them.

And this body of clergymen has shown, to the honor of their own country and to the astonishment of the hierarchies of the Old World, that it is practicable in free governments to raise and sustain by voluntary contributions alone a body of clergymen, which, for devotedness to their sacred calling, for purity of life and character, for learning, intelligence, piety, and that wisdom which cometh from above, is inferior to none, and superior to most others.