Another important point involved in this question is, What becomes of the Christian Sabbath, in a school thus established? I do not mean to say that this stands exactly on the same authority as the Christian religion, but I mean to say that the observance of the Sabbath is a part of Christianity in all its forms. All Christians admit the observance of the Sabbath. All admit that there is a Lord's day, although there may be a difference in the belief as to which is the right day to be observed.

Now, I say that in this inst.i.tution, under Mr. Girard's scheme, the ordinary observance of the Sabbath could not take place, because the ordinary means of observing it are excluded. I know that I shall be told here, also, that lay teachers would come in again; and I say again, in reply, that, where the ordinary means of attaining an end are excluded, the intention is to exclude the end itself. There can be no Sabbath in this college, there can be no religious observance of the Lord's day; for there are no means for attaining that end. It will be said, that the children would be permitted to go out. There is nothing seen of this permission in Mr. Girard's will. And I say again, that it would be just as much opposed to Mr. Girard's whole scheme to allow these children to go out and attend places of public worship on the Sabbath day, as it would be to have ministers of religion to preach to them within the walls; because, if they go out to hear preaching, they will hear just as much about religious controversies, and clashing doctrines, and more, than if appointed preachers officiated in the college. His object, as he states, was to keep their minds free from all religious doctrines and sects, and he would just as much defeat his ends by sending them out as by having religious instruction within. Where, then, are these little children to go? Where can they go to learn the truth, to reverence the Sabbath? They are far from their friends, they have no one to accompany them to any place of worship, no one to show them the right from the wrong course; their minds must be kept clear from all bias on the subject, and they are just as far from the ordinary observance of the Sabbath as if there were no Sabbath day at all. And where there is no observance of the Christian Sabbath there will of course be no public worship of G.o.d.

In connection with this subject I will observe, that there has been recently held a large convention of clergymen and laymen in Columbus, Ohio, to lead the minds of the Christian public to the importance of a more particular observance of the Christian Sabbath; and I will read, as part of my argument, an extract from their address, which bears with peculiar force upon this case.

"It is alike obvious that the Sabbath exerts its salutary power by making the population acquainted with the being, perfections, and laws of G.o.d; with our relations to him as his creatures, and our obligations to him as rational, accountable subjects, and with our character as sinners, for whom his mercy has provided a Saviour; under whose government we live to be restrained from sin and reconciled to G.o.d, and fitted by his word and spirit for the inheritance above."

"It is by the reiterated instruction and impression which the Sabbath imparts to the population of a nation, by the moral principle which it forms, by the conscience which it maintains, by the habits of method, cleanliness, and industry it creates, by the rest and renovated vigor it bestows on exhausted human nature, by the lengthened life and higher health it affords, by the holiness it inspires, and cheering hopes of heaven, and the protection and favor of G.o.d, which its observance insures, that the Sabbath is rendered the moral conservator of nations.

"The omnipresent influence the Sabbath exerts, however, by no secret charm or compendious action, upon ma.s.ses of unthinking minds; but by arresting the stream of worldly thoughts, interests, and affections, stopping the din of business, unlading the mind of its cares and responsibilities, and the body of its burdens, while G.o.d speaks to men, and they attend, and hear, and fear, and learn to do his will.

"You might as well put out the sun, and think to enlighten the world with tapers, destroy the attraction of gravity, and think to wield the universe by human powers, as to extinguish the moral illumination of the Sabbath, and break this glorious main-spring of the moral government of G.o.d."

And I would ask, Would any Christian man consider it desirable for his orphan children, after his death, to find refuge within this asylum, under all the circ.u.mstances and influences which will necessarily surround its inmates? Are there, or will there be, any Christian parents who would desire that their children should be placed in this school, to be for twelve years exposed to the pernicious influences which must be brought to bear on their minds? I very much doubt if there is any Christian father who hears me this day, and I am quite sure that there is no Christian mother, who, if called upon to lie down on the bed of death, although sure to leave her children as poor as children can be left, who would not rather trust them, nevertheless, to the Christian charity of the world, however uncertain it has been said to be, than place them where their physical wants and comforts would be abundantly attended to, but away from the solaces and consolations, the hopes and the grace, of the Christian religion. She would rather trust them to the mercy and kindness of that spirit, which, when it has nothing else left, gives a cup of cold water in the name of a disciple; to that spirit which has its origin in the fountain of all good, and of which we have on record an example the most beautiful, the most touching, the most intensely affecting, that the world's history contains, I mean the offering of the poor widow, who threw her two mites into the treasury.

"And he looked up, and saw the rich men casting their gifts into the treasury; and he saw also a certain poor widow casting in thither two mites. And he said, Of a truth I say unto you, that this poor widow hath cast in more than they all; for all these have, of their abundance, cast in unto the offerings of G.o.d: but she of her penury hath cast in all the living that she had." What more tender, more solemnly affecting, more profoundly pathetic, than this charity, this offering to G.o.d, of a farthing! We know nothing of her name, her family, or her tribe. We only know that she was a poor woman, and a widow, of whom there is nothing left upon record but this sublimely simple story, that, when the rich came to cast their proud offerings into the treasury, this poor woman came also, and cast in her two mites, which made a farthing! And that example, thus made the subject of divine commendation, has been read, and told, and gone abroad everywhere, and sunk deep into a hundred millions of hearts, since the commencement of the Christian era, and has done more good than could be accomplished by a thousand marble palaces, because it was charity mingled with true benevolence, given in the fear, the love, the service, and honor of G.o.d; because it was charity, that had its origin in religious feeling; because it was a gift to the honor of G.o.d!

Cases have come before the courts, of bequests, in last wills, made or given to G.o.d, without any more specific direction; and these bequests have been regarded as creating charitable uses. But can that be truly called a charity which flies in the face of all the laws of G.o.d and all the usages of Christian man? I arraign no man for mixing up a love of distinction and notoriety with his charities. I blame not Mr. Girard because he desired to raise a splendid marble palace in the neighborhood of a beautiful city, that should endure for ages, and transmit his name and fame to posterity. But his school of learning is not to be valued, because it has not the chastening influences of true religion; because it has no fragrance of the spirit of Christianity. It is not a charity, for it has not that which gives to a charity for education its chief value. It will, therefore, soothe the heart of no Christian parent, dying in poverty and distress, that those who owe to him their being may be led, and fed, and clothed by Mr. Girard's bounty, at the expense of being excluded from all the means of religious instruction afforded to other children, and shut up through the most interesting period of their lives in a seminary without religion, and with moral sentiments as cold as its own marble walls.

I now come to the consideration of the second part of this clause in the will, that is to say, the reasons a.s.signed by Mr. Girard for making these restrictions with regard to the ministers of religion; and I say that these are much more derogatory to Christianity than the main provision itself, excluding them. He says that there are such a mult.i.tude of sects and such diversity of opinion, that he will exclude all religion and all its ministers, in order to keep the minds of the children free from clashing controversies. Now, does not this tend to subvert all belief in the utility of teaching the Christian religion to youth at all? Certainly, it is a broad and bold denial of such utility.

To say that the evil resulting to youth from the differences of sects and creeds overbalances all the benefits which the best education can give them, what is this but to say that the branches of the tree of religious knowledge are so twisted, and twined, and commingled, and all run so much into and over each other, that there is therefore no remedy but to lay the axe at the root of the tree itself? It means that, and nothing less! Now, if there be any thing more derogatory to the Christian religion than this, I should like to know what it is. In all this we see the attack upon religion itself, made on its ministers, its inst.i.tutions, and its diversities. And that is the objection urged by all the lower and more vulgar schools of infidelity throughout the world. In all these schools, called schools of Rationalism in Germany, Socialism in England, and by various other names in various countries which they infest, this is the universal cant. The first step of all these philosophical moralists and regenerators of the human race is to attack the agency through which religion and Christianity are administered to man. But in this there is nothing new or original. We find the same mode of attack and remark in Paine's "Age of Reason." At page 336 he says: "The Bramin, the follower of Zoroaster, the Jew, the Mahometan, the Church of Rome, the Greek Church, the Protestant Church, split into several hundred contradictory sectaries, preaching, in some instances, d.a.m.nation against each other, all cry out, 'Our holy religion!'"

We find the same view in Volney's "Ruins of Empires." Mr. Volney arrays in a sort of semicircle the different and conflicting religions of the world. "And first," says he, "surrounded by a group in various fantastic dresses, that confused mixture of violet, red, white, black, and speckled garments, with heads shaved, with tonsures, or with short hairs, with red hats, square bonnets, pointed mitres, or long beards, is the standard of the Roman Pontiff. On his right you see the Greek Pontiff, and on the left are the standards of two recent chiefs (Luther and Calvin), who, shaking off a yoke that had become tyrannical, had raised altar against altar in their reform, and wrested half of Europe from the Pope. Behind these are the subaltern sects, subdivided from the princ.i.p.al divisions. The Nestorians, Eutychians, Jacobites, Iconoclasts, Anabaptists, Presbyterians, Wickliffites, Osiandrians, Manicheans, Pietists, Adamites, the Contemplatives, the Quakers, the Weepers, and a hundred others, all of distinct parties, persecuting when strong, tolerant when weak, hating each other in the name of the G.o.d of peace, forming such an exclusive heaven in a religion of universal charity, d.a.m.ning each other to pains without end in a future state, and realizing in this world the imaginary h.e.l.l of the other."

Can it be doubted for an instant that sentiments like these are derogatory to the Christian religion? And yet on grounds and reasons _exactly these_, not _like_ these, but EXACTLY these, Mr. Girard founds his excuse for excluding Christianity and its ministers from his school.

He is a tame copyist, and has only raised marble walls to perpetuate and disseminate the principles of Paine and of Volney. It has been said that Mr. Girard was in a difficulty; that he was the judge and disposer of his own property. We have nothing to do with his difficulties. It has been said that he must have done as he did do, because there could be no agreement otherwise. Agreement? among whom? about what? He was at liberty to do what he pleased with his own. He had to consult no one as to what he should do in the matter. And if he had wished to establish such a charity as might obtain the especial favor of the courts of law, he had only to frame it on principles not hostile to the religion of the country.

But the learned gentleman went even further than this, and to an extent that I regretted; he said that there was as much dispute about the Bible as about any thing else in the world. No, thank G.o.d, that is not the case!

MR. BINNEY. The disputes about the meaning of words and pa.s.sages; you will admit that?

Well, there is a dispute about the translation of certain words; but if this be true, there is just as much dispute about it out of Mr. Girard's inst.i.tution as there would be in it. And if this plan is to be advocated and sustained, why does not every man keep his children from attending all places of public worship until they are over eighteen years of age?

He says that a prudent parent keeps his child from the influence of sectarian doctrines, by which I suppose him to mean those tenets that are opposed to his own. Well, I do not know but what that plan is as likely to make bigots as it is to make any thing else. I grant that the mind of youth should be kept pliant, and free from all undue and erroneous influences; that it should have as much play as is consistent with prudence; but put it where it can obtain the elementary principles of religious truth; at any rate, those broad and general precepts and principles which are admitted by all Christians. But here in this scheme of Mr. Girard, all sects and all creeds are denounced. And would not a prudent father rather send his child where he could get instruction under any form of the Christian religion, than where he could get none at all? There are many instances of inst.i.tutions, professing one leading creed, educating youths of different sects. The Baptist college in Rhode Island receives and educates youths of all religious sects and all beliefs. The colleges all over New England differ in certain minor points of belief, and yet that is held to be no ground for excluding youth with other forms of belief, and other religious views and sentiments.

But this objection to the mult.i.tude and differences of sects is but the old story, the old infidel argument. It is notorious that there are certain great religious truths which are admitted and believed by all Christians. All believe in the existence of a G.o.d. All believe in the immortality of the soul. All believe in the responsibility, in another world, for our conduct in this. All believe in the divine authority of the New Testament. Dr. Paley says that a single word from the New Testament shuts up the mouth of human questioning, and excludes all human reasoning. And cannot all these great truths be taught to children without their minds being perplexed with clashing doctrines and sectarian controversies? Most certainly they can.

And, to compare secular with religious matters, what would become of the organization of society, what would become of man as a social being, in connection with the social system, if we applied this mode of reasoning to him in his social relations? We have a const.i.tutional government, about the powers, and limitations, and uses of which there is a vast amount of differences of belief. Your honors have a body of laws, now before you, in relation to which differences of opinion, almost innumerable, are daily spread before the courts; in all these we see clashing doctrines and opinions advanced daily, to as great an extent as in the religious world.

Apply the reasoning advanced by Mr. Girard to human inst.i.tutions, and you will tear them all up by the root; as you would inevitably tear all divine inst.i.tutions up by the root, if such reasoning is to prevail. At the meeting of the first Congress there was a doubt in the minds of many of the propriety of opening the session with prayer; and the reason a.s.signed was, as here, the great diversity of opinion and religious belief. At length Mr. Samuel Adams, with his gray hairs hanging about his shoulders, and with an impressive venerableness now seldom to be met with, (I suppose owing to the difference of habits,) rose in that a.s.sembly, and, with the air of a perfect Puritan, said that it did not become men, professing to be Christian men, who had come together for solemn deliberation in the hour of their extremity, to say that there was so wide a difference in their religious belief, that they could not, as one man, bow the knee in prayer to the Almighty, whose advice and a.s.sistance they hoped to obtain. Independent as he was, and an enemy to all prelacy as he was known to be, he moved that the Rev. Mr. d.u.c.h.e, of the Episcopal Church, should address the Throne of Grace in prayer. And John Adams, in a letter to his wife, says that he never saw a more moving spectacle. Mr. d.u.c.h.e read the Episcopal service of the Church of England, and then, as if moved by the occasion, he broke out into extemporaneous prayer. And those men, who were then about to resort to force to obtain their rights, were moved to tears; and floods of tears, Mr. Adams says, ran down the cheeks of the pacific Quakers who formed part of that most interesting a.s.sembly. Depend upon it, where there is a spirit of Christianity, there is a spirit which rises above forms, above ceremonies, independent of sect or creed, and the controversies of clashing doctrines.

The consolations of religion can never be administered to any of these sick and dying children in this college. It is said, indeed, that a poor, dying child can be carried out beyond the walls of the school. He can be carried out to a hostelry, or hovel, and there receive those rites of the Christian religion which cannot be performed within those walls, even in his dying hour! Is not all this shocking? What a stricture is it upon this whole scheme! What an utter condemnation! A dying youth cannot receive religious solace within this seminary of learning!

But, it is asked, what could Mr. Girard have done? He could have done, as has been done in Lombardy by the Emperor of Austria, as my learned friend has informed us, where, on a large scale, the principle is established of teaching the elementary principles of the Christian religion, of enforcing human duties by divine obligations, and carefully abstaining in all cases from interfering with sects or the inculcation of sectarian doctrines. How have they done in the schools of New England? There, as far as I am acquainted with them, the great elements of Christian truth are taught in every school. The Scriptures are read, their authority taught and enforced, their evidences explained, and prayers usually offered.

The truth is, that those who really value Christianity, and believe in its importance, not only to the spiritual welfare of man, but to the safety and prosperity of human society, rejoice that in its revelations and its teachings there is so much which mounts above controversy, and stands on universal acknowledgment. While many things about it are disputed or are dark, they still plainly see its foundation, and its main pillars; and they behold in it a sacred structure, rising up to the heavens. They wish its general principles, and all its great truths, to be spread over the whole earth. But those who do not value Christianity, nor believe in its importance to society or individuals, cavil about sects and schisms, and ring monotonous changes upon the shallow and so often refuted objections founded on alleged variety of discordant creeds and clashing doctrines. I shall close this part of my argument by reading extracts from an English writer, one of the most profound thinkers of the age, a friend of reformation in the government and laws, John Foster, the friend and a.s.sociate of Robert Hall. Looking forward to the abolition of the present dynasties of the Old World, and desirous to see how the order and welfare of society is to be preserved in the absence of present conservative principles, he says:--

"Undoubtedly the zealous friends of popular education account knowledge valuable absolutely, as being the apprehension of things as they are; a prevention of delusions; and so far a fitness for right volitions. But they consider religion (besides being itself the primary and infinitely the most important part of knowledge) as a principle indispensable for securing the full benefit of all the rest. It is desired, and endeavored, that the understandings of these opening minds may be taken possession of by just and solemn ideas of their relation to the Eternal Almighty Being; that they may be taught to apprehend it as an awful reality, that they are perpetually under his inspection; and, as a certainty, that they must at length appear before him in judgment, and find in another life the consequences of what they are in spirit and conduct here.

It is to be impressed on them, that his will is the supreme law, that his declarations are the most momentous truth known on earth, and his favor and condemnation the greatest good and evil. Under an ascendency of this divine wisdom it is, that their discipline in any other knowledge is designed to be conducted; so that nothing in the mode of their instruction may have a tendency contrary to it, and every thing be taught in a manner recognizing the relation with it, as far as shall consist with a natural, unforced way of keeping the relation in view. Thus it is sought to be secured, that, as the pupil's mind grows stronger, and multiplies its resources, and he therefore has necessarily more power and means for what is wrong, there may be luminously presented to him, as if celestial eyes visibly beamed upon him, the most solemn ideas that can enforce what is right."

"Such is the discipline meditated for preparing the subordinate cla.s.ses to pursue their individual welfare, and act their part as members of the community...."

"All this is to be taught, in many instances directly, in others by reference for confirmation, from the Holy Scriptures, from which authority will also be impressed, all the while, the principles of religion. And religion, while its grand concern is with the state of the soul towards G.o.d and eternal interests, yet takes every principle and rule of morals under its peremptory sanction; making the primary obligation and responsibility be towards G.o.d, of every thing that is a duty with respect to men. So that, with the subjects of this education, the sense of _propriety_ shall be _conscience_; the consideration of how they ought to be regulated in their conduct as a part of the community shall be the recollection that their Master in heaven dictates the laws of that conduct, and will judicially hold them amenable for every part of it."

"And is not a discipline thus addressed to the purpose of fixing religious principles in ascendency, as far as that difficult object is within the power of discipline, and of infusing a salutary tincture of them into whatever else is taught, the right way to bring up citizens faithful to all that deserves fidelity in the social compact?...

"Lay hold on the myriads of juvenile spirits before they have time to grow up through ignorance, into a reckless hostility to social order; train them to sense and good morals; inculcate the principles of religion, simply and solemnly, as religion, as a thing directly of divine dictation, and not as if its authority were chiefly in virtue of human inst.i.tutions; let the higher orders, generally, make it evident to the mult.i.tude that they are desirous to raise them in value, and promote their happiness; and then, _whatever_ the demands of the people as a body, thus improving in understanding and sense of justice, shall come to be, and _whatever_ modification their preponderance may ultimately enforce on the great social arrangements, it will be infallibly certain that there never _can_ be a love of disorder, an insolent anarchy, a prevailing spirit of revenge and devastation. Such a conduct of the ascendent ranks would, in this nation at least, secure that, as long as the world lasts, there never would be any formidable commotion, or violent sudden changes. All those modifications of the national economy to which an improving people would aspire, and would deserve to obtain, would be gradually accomplished, in a manner by which no party would be wronged, and all would be the happier."[1]

I not only read this for the excellence of its sentiments and their application to the subject, but because they are the results of the profound meditations of a man who is dealing with popular ignorance.

Desirous of, and expecting, a great change in the social system of the Old World, he is anxious to discover that conservative principle by which society can be kept together when crowns and mitres shall have no more influence. And he says that the only conservative principle must be, and is, RELIGION! the authority of G.o.d! his revealed will! and the influence of the teaching of the ministers of Christianity!

Mr. Webster here stated that he would, on Monday, bring forward certain references and legal points bearing on this view of the case.

The court then adjourned.

SECOND DAY.

The seven judges all took their seats at eleven o'clock, and the court was opened.

Mr. Binney observed to the court, that he had omitted to notice, in his argument, that, in regard to the statutes of Uniformity and Toleration in England, whilst the Jewish Talmuds for the propagation of Judaism alone were not sustained by those statutes, yet the Jewish Talmuds for the maintenance of the poor were sustained thereby. And the decisions show that, where a gift had for its object the maintenance and education of poor Jewish children, the statutes sustained the devise. In proof of this he quoted 1 Ambler, by Blunt, p. 228, case of De Costa, &c. Also, the case of Jacobs v. Gomperte, in the notes. Also, in the notes, 2 Swanston, p. 487, same case of De Costa, &c. Also, 7 Vesey, p. 423, case of Mo Catto v. Lucardo. Also, Sheppard, p. 107, and Boyle, p.

43.

Another case was that of a bequest given to an object abroad, and in the decision the Master of the Rolls considered that religious instruction was not a necessary part of education. See, also, the case of The Attorney-General v. The Dean and Canons of Christ Church, Jacobs, p. 485.

Mr. Binney then quoted from Noah Webster the definition of the word "tenets," to show that Mr. Webster did not give the right definition when he said that "tenets" meant "religion."

Mr. Webster then rose and said:--#/

The arguments of my learned friend, may it please your honors, in relation to the Jewish laws as tolerated by the statutes, go to maintain my very proposition; that is, that no school for the instruction of youth in any system which is in any way derogatory to the Christian religion, or for the teaching of doctrines that are in any way contrary to the Christian religion, is, or ever was, regarded as a charity by the courts. It is true that the statutes of Toleration regarded a devise for the maintenance of poor Jewish children, to give them food and raiment and lodging, as a charity. But a devise for the teaching of the Jewish religion to poor children, that should come into the Court of Chancery, would not be regarded as a charity, or ent.i.tled to any peculiar privileges from the court.

When I stated to your honors, in the course of my argument on Sat.u.r.day, that all denominations of Christians had some mode or provision for the appointment of teachers of Christianity amongst them, I meant to have said something about the Quakers. Although we know that the teachers among them come into their office in a somewhat peculiar manner, yet there are preachers and teachers of Christianity provided in that peculiar body, notwithstanding its objection to the mode of appointing teachers and preachers by other Christian sects. The place or character of a Quaker preacher is an office and appointment as well known as that of a preacher among any other denomination of Christians.

I have heretofore argued to show that the Christian religion, its general principles, must ever be regarded among us as the foundation of civil society; and I have thus far confined my remarks to the tendency and effect of the scheme of Mr. Girard (if carried out) upon the Christian religion. But I will go farther, and say that this school, this scheme or system, in its tendencies and effects, is opposed to all religions, of every kind. I will not now enter into a controversy with my learned friend about the word "tenets," whether it signify opinions or dogmas, or whatever you please. Religious tenets, I take it, and I suppose it will be generally conceded, mean religious opinions; and if a youth has arrived at the age of eighteen, and has no religious tenets, it is very plain that he has no religion. I do not care whether you call them dogmas, tenets, or opinions. If the youth does not entertain dogmas, tenets, or opinions, or opinions, tenets, or dogmas, on religious subjects, then he has no religion at all. And this strikes at a broader principle than when you merely look at this school in its effect upon Christianity alone. We will suppose the case of a youth of eighteen, who has just left this school, and has gone through an education of philosophical morality, precisely in accordance with the views and expressed wishes of the donor. He comes then into the world to choose his religious tenets. The very next day, perhaps, after leaving school, he comes into a court of law to give testimony as a witness.

Sir, I protest that by such a system he would be disfranchised. He is asked, "What is your religion?" His reply is, "O, I have not yet chosen any; I am going to look round, and see which suits me best." He is asked, "Are you a Christian?" He replies, "That involves religious tenets, and as yet I have not been allowed to entertain any." Again, "Do you believe in a future state of rewards and punishments?" And he answers, "That involves sectarian controversies, which have carefully been kept from me." "Do you believe in the existence of a G.o.d?" He answers, that there are clashing doctrines involved in these things, which he has been taught to have nothing to do with; that the belief in the existence of a G.o.d, being one of the first questions in religion, he is shortly about to think of that proposition. Why, Sir, it is vain to talk about the destructive tendency of such a system; to argue upon it is to insult the understanding of every man; _it is mere, sheer, low, ribald, vulgar deism and infidelity_![2] It opposes all that is in heaven, and all on earth that is worth being on earth. It destroys the connecting link between the creature and the Creator; it opposes that great system of universal benevolence and goodness that binds man to his Maker. _No religion till he is eighteen!_ What would be the condition of all our families, of all our children, if religious fathers and religious mothers were to teach their sons and daughters no religious tenets till they were eighteen? What would become of their morals, their character, their purity of heart and life, their hope for time and eternity? What would become of all those thousand ties of sweetness, benevolence, love, and Christian feeling, that now render our young men and young maidens like comely plants growing up by a streamlet's side,--the graces and the grace of opening manhood, of blossoming womanhood? What would become of all that now renders the social circle lovely and beloved? What would become of society itself? How could it exist? And is that to be considered a charity which strikes at the root of all this; which subverts all the excellence and the charms of social life; which tends to destroy the very foundation and frame-work of society, both in its practices and in its opinions; which subverts the whole decency, the whole morality, as well as the whole Christianity and government, of society? No, Sir! no, Sir!

And here let me turn to the consideration of the question, What is an oath? I do not mean in the variety of definitions that may be given to it as it existed and was practised in the time of the Romans, but an oath as it exists at present in our courts of law; as it is founded on a degree of consciousness that there is a Power above us that will reward our virtues and punish our vices. We all know that the doctrine of the English law is, that in the case of every person who enters court as a witness, be he Christian or Hindoo, there must be a firm conviction on his mind that falsehood or perjury will be punished, either in this world or the next, or he cannot be admitted as a witness. If he has not this belief, he is disfranchised. In proof of this, I refer your honors to the great case of Ormichund against Barker, in Lord Chief Justice Willes's report. There this doctrine is clearly laid down. But in no case is a man allowed to be a witness that has no belief in future rewards and punishments for virtues or vices, nor ought he to be. We hold life, liberty, and property in this country upon a system of oaths; oaths founded on a religious belief of some sort. And that system which would strike away the great substratum, destroy the safe possession of life, liberty, and property, destroy all the inst.i.tutions of civil society, cannot and will not be considered as ent.i.tled to the protection of a court of equity. It has been said, on the other side, that there was no teaching _against_ religion or Christianity in this system. I deny it. The whole testament is one bold proclamation against Christianity and religion of every creed. The children are to be brought up in the principles declared in that testament. They are to learn to be suspicious of Christianity and religion; to keep clear of it, that their youthful heart may not become susceptible of the influences of Christianity or religion in the slightest degree. They are to be told and taught that religion is not a matter for the heart or conscience, but for the decision of the cool judgment of mature years; that at that period when the whole Christian world deem it most desirable to instil the chastening influences of Christianity into the tender and comparatively pure mind and heart of the child, ere the cares and corruptions of the world have reached and seared it,--at that period the child in this college is to be carefully excluded therefrom, and to be told that its influence is pernicious and dangerous in the extreme. Why, the whole system is a constant preaching against Christianity and against religion, and I insist that there is no charity, and can be no charity, in that system of instruction from which Christianity is excluded. I perfectly agree with what my learned friend says in regard to the monasteries of the Old World, as seats of learning to which we are all indebted at the present day. Much of our learning, almost all of our early histories, and a vast amount of literary treasure, were preserved therein and emanated therefrom. But we all know, that although these were emphatically receptacles for literature of the highest order, yet they were always connected with Christianity, and were always regarded and conducted as religious establishments.

Going back as far as the statutes of Henry the Fourth, as early as 1402,[3] in the act respecting charities, we find that one hundred years before the Reformation, in Catholic times, in the establishment of every charitable inst.i.tution, there was to be proper provision for religious instruction. Again, after the time of the Reformation, when those monastic inst.i.tutions were abolished, in the 1st Edw. VI. ch. 14, we find certain _chantries_ abolished, and their funds appropriated to the instruction of youth in the grammar schools founded in that reign, which Lord Eldon says extended all over the kingdom. In all these we find provision for religious instruction, the dispensation of the same being by a teacher or preacher. In 2 Swanston, p. 529, the case of the Bedford Charity, Lord Eldon gives a long opinion, in the course of which he says, that in these schools care is taken to educate youth in the Christian religion, and in all of them the New Testament is taught, both in Latin and Greek. Here, then, we find that the great and leading provision, both before and after the Reformation, was to connect the knowledge of Christianity with human letters. And it will be always found that a school for instruction of youth, to possess the privileges of a charity, must be provided with religious instruction.

For the decision, that the essentials of Christianity are part of the common law of the land, I refer your honors to 1 Vernon, p. 293, where Lord Hale, who cannot be suspected of any bigotry on this subject, says, that to decry religion, and call it a cheat, tends to destroy all religion; and he also declares Christianity to be part of the common law of the land. Mr. N. Dane, in his Abridgment, ch. 219, recognizes the same principle. In 2 Strange, p. 834, case of The King v. Wilson, the judges would not suffer it to be debated that writing against religion generally is an offence at common law. They laid stress upon the word "generally," because there might arise differences of opinion between religious writers on points of doctrine, and so forth. So in Taylor's case, 3 Merivale, p. 405, by the High Court of Chancery, these doctrines were recognized and maintained. The same doctrine is laid down in 2 Burn's Ecclesiastical Law, p. 95, Evans v. The Chamberlain of London; and in 2 Russell, p. 501, The Attorney-General v. The Earl of Mansfield.

There is a case of recent date, which, if the English law is to prevail, would seem conclusive as to the character of this devise. It is the case of The Attorney-General v. Cullum, 1 Younge and Collyer's Reports, p.

411. The case was heard and decided in 1842, by Sir Knight Bruce, Vice-Chancellor. The reporter's abstract, or summary, of the decision is this: "COURTS OF EQUITY, IN THIS COUNTRY, WILL NOT SANCTION ANY SYSTEM OF EDUCATION IN WHICH RELIGION IS NOT INCLUDED."

The charity in question in that case was established in the reign of Edward the Fourth, for the benefit of the community and poor inhabitants of the town of Bury St. Edmunds. The objects of the charity were various: for relief of prisoners, educating and instructing poor people, for food and raiment for the aged and impotent, and others of the same kind. There were uses, also, now deemed superst.i.tious, such as praying for the souls of the dead. In this, and in other respects, the charity required revision, to suit it to the habits and requirements of modern times; and a scheme was accordingly set forth for such revision by the master, under the direction of the court. By this scheme there were to be schools, and these schools were to be closed on Sundays, although the Scriptures were to be read daily on other days. This was objected to, and it was insisted, on the other hand, that the masters and mistresses of the schools should be members of the Church of England; that they should, on every Lord's day, give instruction in the doctrines of the Church to those children whose parents might so desire; but that all the scholars should be required to attend public worship every Lord's day in the parish church, _or other place of worship, according to their respective creeds_.

The Vice-Chancellor said, that the term "education" was properly understood, by all the parties, to comprehend religious instruction; that the objection to the scheme proposed by the master was not that it did not provide for religious instruction according to the doctrines of the Church of England, but that it did not provide for religious instruction at all. In the course of the hearing, the Vice-Chancellor said, that any scheme of education, without religion, would be worse than a mockery. The parties afterwards agreed, that the masters and mistresses should be members of the Church of England; that every school day the master should give religious instruction, during one hour, to all the scholars, _such religious instruction to be confined to the reading and explanation of the Scriptures_; that on every Lord's day he should give instruction in the liturgy, catechism, and articles of the Church of England, and that the scholars should attend church every Lord's day, _unless they were children of persons not in communion with the Church of England_. In giving the sanction of the court to this arrangement, the Vice-Chancellor said, that he wished to have it distinctly understood that the ground on which he had proceeded was not a preference of one form of religion to another, but the necessity, if the matter was left to him judicially, to adopt the course of requiring the teachers to be members of the Church of England.

This case clearly shows, that, at the present day, a school, founded by a charity, for the instruction of children, cannot be sanctioned by the courts as a charity, unless the scheme of education includes religious instruction. It shows, too, that this general requisition of the law is independent of a church establishment, and that it is not religion in any particular form, but religion, religious and Christian instruction in some form, which is held to be indispensable. It cannot be doubted how a charity for the instruction of children would fare in an English court, the scheme of which should carefully and sedulously exclude all religious or Christian instruction, and profess to establish morals on principles no higher than those of enlightened Paganism.