The next object of that revolution was an increase of revenue. It was notorious that, for the several last years, the expenditures for the administration of government had exceeded the receipts; in other words, government had been running in debt, and in the mean time the operation of the compromise act was still further and faster diminishing the revenue itself. A sound revenue was one of those objects; and that it has been accomplished, our thanks and praise are due to the Congress that has just adjourned.

A third object was protection, protection incidental to revenue, or consequent upon revenue. Now as to that, Gentlemen, much has been done, and I hope it will be found that enough has been done. And for this, too, all the Whigs who supported that measure in Congress are entitled to high praise: they receive mine, and I hope they do yours; it is right that they should. But let us be just. The French rhetoricians have a maxim, that there is nothing beautiful that is not true; I am afraid that some of our jubilant oratory would hardly stand the test of this canon of criticism. It is not true that a majority, composed of Whigs, could be found, in either house, in favor of the tariff bill. More than thirty Whigs, many of them gentlemen of lead and influence, voted against the law, from beginning to end, on all questions, direct and indirect; and it is not pleasant to consider what would have been the state of the country, the treasury, and the government itself, at this moment, if the law actually passed, for revenue and for protection, had depended on Whig votes alone. After all, it passed the House of Representatives by a single vote; and there is a good deal of eclat about that single vote. But did not every gentleman who voted for it take the responsibility and deserve the honor of that single vote? Several gentlemen in the opposition thus befriended the bill; thus did our neighbor from the Middlesex District of this State,[5] voting for the tariff out and out, as steadily as did my honored friend, the member from this city.[6] We hear nothing of his "coming to the rescue," and yet he had that one vote, and held the tariff in his hand as absolutely as if he had had a presidential veto! And how was it in the Senate? It passed by one vote again there, and could not have passed at all without the assistance of the two Senators from Pennsylvania, of Mr. Williams of Maine, and of Mr. Wright of New York. Let us then admit the truth (and a lawyer may do that when it helps his case), that it was necessary that a large portion of the other party should come to the assistance of the Whigs to enable them to carry the tariff, and that, if this assistance had not been rendered, the tariff must have failed.

And this is a very important truth for New England. Her children, looking to their manufactures and industry for their livelihood, must rejoice to find the tariff, so necessary to these, no party question. Can they desire, can they wish, that such a great object as the protection of industry should become a party object, rising with party, and with the failure of the party that supported it going to the grave? This is a public, a national question. The tariff ought to be inwrought in the sentiments of all parties; and although I hope that the pre-eminence of Whig principles may be eternal, I wish to take bond and security, that we may make the protection of domestic industry more durable even than Whig supremacy.

Let us be true in another respect. This tariff has accomplished much, and is an honor to the men who passed it. But in regard to protection it has only restored the country to the state in which it was before the compromise act, and from which it fell under the operation of that act. It has repaired the consequences of that measure, and it has done no more. I may speak of the compromise act. My turn has come now. No measure ever passed Congress during my connection with that body that caused me so much grief and mortification. It was passed by a few friends joining the whole host of the enemy. I have heard much of the motives of that act. The personal motives of those that passed the act were, I doubt not, pure; and all public men are supposed to act from pure motives. But if by motives are meant the objects proposed by the act itself, and expressed in it, then I say, if those be the motives alluded to, they are worse than the act itself. The principle was bad, the measure was bad, the consequences were bad. Every circumstance, as well as every line of the act itself, shows that the design was to impose upon legislation a restraint that the Constitution had not imposed; to insert in the Constitution a new prohibitory clause, providing that, after the year 1842, no revenue should be collected except according to an absurd horizontal system, and none exceeding twenty per cent. It was then pressed through under the great emergency of the public necessities. But I may now recur to what I then said, namely, that its principle was false and dangerous, and that, when its time came, it would rack and convulse our system. I said we should not get rid of it without throes and spasms. Has not this been as predicted? We have felt the spasms and throes of this convulsion; but we have at last gone through them, and begin to breathe again. It is something that that act is at last got rid of; and the present tariff is deserving in this, that it is specific and discriminating, that it holds to common sense, and rejects and discards the principles of the compromise act, I hope for ever.

Another great and principal object of the revolution of 1840 was a restoration of the currency. Our troubles did not begin with want of money in the treasury, or under the sapping and mining operation of the compromise act. They are of earlier date. The trouble and distress of the country began with the currency in 1833, and broke out with new severity in 1837. Other causes of difficulty have since arisen, but the first great shock was a shock on the currency; and from the effect of this the country is not yet relieved. I hope the late act may yield competent revenue, and am sure it will do much for protection. But until you provide a better currency, so that you may have a universal one, of equal and general value throughout the land, I am hard to be persuaded that we shall see the day of our former prosperity. Currency, accredited currency, and easy and cheap internal exchanges,—until these things be obtained, depend upon it, the country will find no adequate relief.

And now, fellow-citizens, I will say a word or two on the history of the transactions on this subject. At the special session of Congress, the Secretary of the Treasury, Mr. Ewing, arranged a plan for a national bank. That plan was founded upon the idea of a large capital, furnished mainly by private subscriptions, and it included branches for local discounts. I need not advert, Gentlemen, to the circumstances under which this scheme was drawn up, and received, as it did, the approbation of the President and Cabinet, as the best thing that could be done. I need not remind you, that he whom we had all agreed should hold the second place in the government had been called to the head of it. I need not say that he held opinions wholly different from mine on the subjects which now came before us. But those opinions were fixed, and therefore it was thought the part of wisdom and prudence not to see how strong a case might be made against the President, but to get along as well as we might. With such views, Mr. Ewing presented his plan to Congress. As most persons will remember, the clause allowing the bank to establish branches provided that those branches might be placed in any State which should give its consent. I have no idea that there is any necessity for such a restriction. I believe Congress has the power to establish the branches without, as well as with, the consent of the States. But that clause, at most, was theoretical. I never could find anybody who could show any practical mischief resulting from it. Its opponents went upon the theory, which I do not exactly accord with, that an omission to exercise a power, in any case, amounts to a surrender of that power. At any rate, it was the best thing that could be done; and its rejection was the commencement of the disastrous dissensions between the President and Congress.

Gentlemen, it was exceedingly doubtful at the time when that plan was prepared whether the capital would be subscribed. But we did what we could about it. We asked the opinion of the leading merchants of the principal commercial cities. They were invited to Washington to confer with us. They expressed doubts whether the bank could be put into operation, but they expressed hopes also, and they pledged themselves to do the best they could to advance it. And as the commercial interests were in its favor, as the administration was new and fresh and popular, and the people were desirous to have something done, a great earnestness was felt that that bill should be tried.

It was sent to the Senate at the Senate's request, and by the Senate it was rejected. Another bill was reported in the Senate, without the provision requiring the consent of the States to branches, was discussed for six weeks or two months, and then could not pass even a Whig Senate. Here was the origin of distrust, disunion, and resentment.

I will not pursue the unhappy narrative of the latter part of the session of 1841. Men had begun to grow excited and angry and resentful. I expressed the opinion, at an early period, to all those to whom I was entitled to speak, that it would be a great deal better to forbear further action at present. That opinion, as expressed to the two Whig Senators from Massachusetts, is before the public. I wished Congress to give time for consultation to take place, for harmony to be restored; because I looked for no good, except from the united and harmonious action of all the branches of the Whig government. I suppose that counsel was not good, certainly it was not followed. I need not add the comment.

This brings us, as far as concerns the questions of currency, to the last session of Congress. Early in that session the Secretary of the Treasury sent in a plan of an exchequer. It met with little favor in either House, and therefore it is necessary for me, Gentlemen, lest the whole burden fall on others, to say that it had my hearty, sincere, and entire approbation. Gentlemen, I hope that I have not manifested through my public life a very overweening confidence in my own judgment, or a very unreasonable unwillingness to accept the views of others. But there are some subjects on which I feel entitled to pay some respect to my own opinion. The subject of currency, Gentlemen, has been the study of my life. Thirty years ago, a little before my entrance into the House of Representatives, the questions connected with a mixed currency, involving the proper relation of paper to specie, and the proper means of restricting an excessive issue of paper, came to be discussed by the most acute and well-disciplined understandings in England in Parliament. At that time, during the suspension of specie payments by the bank, when paper was fifteen per cent below par, Mr. Vansittart had presented his celebrated resolution, declaring that a bank-note was still worth the value expressed on its face; that the bank note had not depreciated, but that the price of bullion had risen. Lord Liverpool and Lord Castlereagh espoused this view, as we know, and it was opposed by the close reasoning of Huskisson, the powerful logic of Horner, and the practical sagacity and common sense of Alexander Baring, now Lord Ashburton. The study of those debates made me a bullionist. They convinced me that paper could not circulate safely in any country, any longer than it was immediately redeemable at the place of its issue. Coming into Congress the very next year, or the next but one after, and finding the finances of the country in a most deplorable condition, I then and ever after devoted myself, in preference to all other public topics, to the consideration of the questions relating to them. I believe I have read every thing of value that has been published since on those questions, on either side of the Atlantic. I have studied by close observation the laws of paper currency, as they have exhibited themselves in this and in other countries, from 1811 down to the present time. I have expressed my opinions at various times in Congress, and some of the predictions which I have made have not been altogether falsified by subsequent events. I must therefore be permitted, Gentlemen, without yielding to any flippant newspaper paragraph, or to the hasty ebullitions of debate in a public assembly, to say, that I believe the plan for an exchequer, as presented to Congress at its last session, is the best measure, the only measure for the adoption of Congress and the trial of the people. I am ready to stake my reputation upon it, and that is all that I have to stake. I am ready to stake my reputation, that, if this Whig Congress will take that measure and give it a fair trial, within three years it will be admitted by the whole American people to be the most beneficial measure of any sort ever adopted in this country, the Constitution only excepted.

I mean that they should take it as it was when it came from the Cabinet, not as it looked when the committees of Congress had laid their hands upon it. For when the committees of Congress had struck out the proviso respecting exchange, it was not worth a rush; it was not worth the parchment it would be engrossed upon. The great desire of this country is a general currency, a facility of exchange; a currency which shall be the same for you and for the people of Alabama and Louisiana, and a system of exchange which shall equalize credit between them and you, with the rapidity and facility with which steam conveys men and merchandise. That is what the country wants, what you want; and you have not got it. You have not got it, you cannot get it, but by some adequate provision of government. Exchange, ready exchange, that will enable a man to turn his Orleans means into money to-day, (as we have had in better times millions a year exchanged, at only three quarters of one per cent,) is what is wanted How are we to obtain this? A Bank of the United States founded on a private subscription is out of the question. That is an obsolete idea. The country and the condition of things have changed. Suppose that a bank were chartered with a capital of fifty millions, to be raised by private subscription. Would it not be out of all possibility to find the money? Who would subscribe? What would you get for shares? And as for the local discount, do you wish it? Do you, in State Street, wish that the nation should send millions of untaxed banking capital hither to increase your discounts? What, then, shall we do? People who are waiting for power to make a Bank of the United States may as well postpone all attempts to benefit the country to the incoming of the Jews.

What, then, shall we do? Let us turn to this plan of the exchequer, brought forward last year. It was assailed from all quarters. One gentleman did say, I believe, that by some possibility some good might come out of it, but in general it met with a different opposition from every different class. Some said it would be a perfectly lifeless machine,—that it was no system at all,—that it would do nothing, for good or evil; others thought that it had a great deal too much vitality, admitting that it would answer the purpose perfectly well for which it was designed, but fearing that it would increase the executive power: thus making it at once King Log and King Serpent. One party called it a ridiculous imbecility; the other, a dangerous giant, that might subvert the Constitution. These varied arguments, contradicting, if not refuting, one another, convinced me of one thing at least,—that the bill would not be adopted, nor even temperately and candidly considered. And it was not. In a manner quite unusual, it was discussed, assailed, denounced, before it was allowed to take the course of reference and examination.

The difficulties we meet in carrying out our system of constitutional government are indeed extraordinary. The Constitution was intended as an instrument of great political good; but we sometimes so dispute its meaning, that we cannot use it at all. One man will not have a bank, without the power of local discount, against the consent of the States; for that, he insists, would break the Constitution. Another will not have a bank with such a power, because he thinks that would break the Constitution. A third will not have an exchequer, with authority to deal in exchanges, because that would increase executive influence, and so might break the Constitution. And between them all, we are like the boatman who, in the midst of rocks and currents and whirlpools, will not pull one stroke for safety, lest he break his oar. Are we now looking for the time when we can charter a United States Bank with a large private subscription? When will that be? When confidence is restored. Are we, then, to do nothing to save the vessel from sinking, till the chances of the winds and waves have landed us on the shore? He is more sanguine than I am, who thinks that the time will soon come when the Whigs have more power to work effectually for the good of the country than they now have. The voice of patriotism calls upon them not to postpone, but to act at this moment, at the very next session; to make the best of their means, and to try. You say that the administration is responsible; why not, then, try the plan it has recommended. If it fails, let the President bear the responsibility. If you will not try this plan, why not propose something else?

Gentlemen, in speaking of events that have happened, I ought to say, and will, since I am making a full and free communication, that there is no one of my age, and I am no longer very young, who has written or spoken more against the abuse and indiscreet use of the veto power than I have. And there is no one whose opinions upon this subject are less changed. I presume it is universally known, that I have advised against the use of the veto power on every occasion when it has been used since I have been in the Cabinet. But I am, nevertheless, not willing to join those who seem more desirous to make out a case against the President, than of serving their country to the extent of their ability, vetoes notwithstanding. Indeed, at the close of the extra session, the received doctrine of many seemed to be, that they would undertake nothing until they could amend the Constitution so as to do away with this power. This was mere mockery. If we were now reforming the Constitution, we might wish for some, I do not say what, guards and restraints upon this power more than the Constitution at present contains; but no convention would recommend striking it out altogether. Have not the people of New York lately amended their constitution, so as to require, in certain legislative action, votes of two thirds? and is not this same restriction in daily use in the national House of Representatives itself, in the case of suspension of the rules? This constitutional power, therefore, is no greater a restraint than this body imposes on itself. But it is utterly hopeless to look for such an amendment; who expects to live to see its day? And to give up all practical efforts, and to go on with a general idea that the Constitution must be amended before anything can be done, was, I will not say trifling, but treating the great necessities of the people as of quite too little importance. This Congress accomplished, in this regard, nothing for the people. The exchequer plan which was submitted to it will accomplish some of the objects of the people, and especially the Whig people. I am confident of it; I know it. When a mechanic makes a tool, an axe, a saw, or a plane, and knows that the temper is good and the parts are well proportioned, he knows that it will answer its purpose. And I know that this plan will answer its purpose.

There are other objects which ought not to be neglected, among which is one of such importance that I will not now pass it by; I mean, the mortifying state of the public credit of this country at this time. I cannot help thinking, that if the statesmen of a former age were among us, if Washington were here, if John Adams, and Hamilton, and Madison were here, they would be deeply concerned and soberly thoughtful about the present state of the public credit of the country. In the position I fill, it becomes my duty to read, generally with pleasure, but sometimes with pain, communications from our public agents abroad. It is distressing to hear them speak of their distress at what they see and hear of the scorn and contumely with which the American character and American credit are treated abroad. Why, at this very time, we have a loan in the market, which, at the present rate of money and credit, ought to command in Europe one hundred and twenty-five per cent. Can we sell a dollar of it? And how is it with the credit of our own Commonwealth? Does it not find itself affected in its credit by the general state of the credit of the country? Is there nobody ready to make a movement in this matter? Is there not a man in our councils large enough, comprehensive enough in his views, to undertake at least to present this case before the American people, and thus do something to restore the public character for morals and honesty?

There are in the country some men who are indiscreet enough to talk of repudiation,—to advise their fellow-citizens to repudiate public debt. Does repudiation pay a debt? Does it discharge the debtor? Can it so modify a debt that it shall not be always binding, in law as well as in morals? No, Gentlemen; repudiation does nothing but add a sort of disrepute to acknowledged inability. It is our duty, so far as is in our power, to rouse the public feeling on the subject; to maintain and assert the universal principles of law and justice, and the importance of preserving public faith and credit. People say that the intelligent capitalists of Europe ought to distinguish between the United States government and the State governments. So they ought; but, Gentlemen, what does all this amount to? Does not the general government comprise the same people who make up the State governments? May not these Europeans ask us how long it may be before the national councils will repudiate public obligations?

The doctrine of repudiation has inflicted upon us a stain which we ought to feel worse than a wound; and the time has come when every man ought to address himself soberly and seriously to the correction of this great existing evil. I do not undertake to say what the Constitution allows Congress to do in the premises. I will only say, that if that great fund of the public domain properly and in equity belongs, as is maintained, to the States themselves, there are some means, by regular and constitutional laws, to enable and induce the States to save their own credit and the credit of the country.

Gentlemen, I have detained you much too long. I have wished to say, that, in my judgment, there remain certain important objects to engage our public and private attention, in the national affairs of the country. These are, the settlement of the remaining questions between ourselves and England; the great questions relating to the reciprocity principle; those relating to colonial trade; the most absorbing questions of the currency, and those relating to the great subject of the restoration of the national character and the public faith; these are all objects to which I am willing to devote myself, both in public and in private life. I do not expect that much of public service remains to be done by me; but I am ready, for the promotion of these objects, to act with sober men of any party, and of all parties. I am ready to act with men who are free from that great danger that surrounds all men of all parties,—the danger that patriotism itself, warmed and heated in party contests, will run into partisanship. I believe that, among the sober men of this country, there is a growing desire for more moderation of party feeling, more predominance of purely public considerations, more honest and general union of well-meaning men of all sides to uphold the institutions of the country and carry them forward.

In the pursuit of these objects, in public life or in a private station, I am willing to perform the part assigned to me, and to give them, with hearty good-will and zealous effort, all that may remain to me of strength and life.

[Footnote 1: The office of Representative in Congress.]

[Footnote 2: Lord Ashburton.]

[Footnote 3: Mr. Edward Everett.]

[Footnote 4: Mr. Andrew Stevenson.]

[Footnote 5: Mr. Parmenter.]

[Footnote 6: Mr. R.C. Winthrop.]



THE LANDING AT PLYMOUTH.

A SPEECH DELIVERED ON THE 22d OF DECEMBER, 1843, AT THE PUBLIC DINNER OF THE NEW ENGLAND SOCIETY OF NEW YORK, IN COMMEMORATION OF THE LANDING OF THE PILGRIMS.

[The great Pilgrim festival was celebrated on the 22d of December, 1843, by the New England Society of New York, with uncommon spirit and success. A commemorative oration was delivered in the morning by Hon. Rufus Choate, in a style of eloquence rarely equalled. The public dinner of the Society, at the Astor House, at which M.H. Grinnell, Esq. presided, was attended by a very large company, composed of the members of the Society and their invited guests. Several appropriate toasts having been given and responded to by the distinguished individuals present, George Griswold, Esq. rose to offer one in honor of Mr. Webster. After a few remarks complimentary to that gentleman, in reference to his services in refuting the doctrine of nullification and in averting the danger of war by the treaty of Washington, Mr. Griswold gave the following toast:—

"DANIEL WEBSTER,—the gift of New England to his country, his whole country, and nothing but his country."

This was received with great applause, and on rising to respond to it Mr. Webster was greeted with nine enthusiastic cheers, and the most hearty and prolonged approbation. When silence was restored, he spoke as follows.]

MR. PRESIDENT:—I have a grateful duty to perform in acknowledging the kindness of the sentiment thus expressed towards me. And yet I must say, Gentlemen, that I rise upon this occasion under a consciousness that I may probably disappoint highly raised, too highly raised expectations. In the scenes of this evening, and in the scene of this day, my part is an humble one. I can enter into no competition with the fresher geniuses of those more eloquent gentlemen, learned and reverend, who have addressed this Society. I may perform, however, the humbler, but sometimes useful, duty of contrast, by adding the dark ground of the picture, which shall serve to bring out the more brilliant colors.

I must receive, Gentlemen, the sentiment proposed by the worthy and distinguished citizen of New York before me, as intended to convey the idea that, as a citizen of New England, as a son, a child, a creation of New England, I may be yet supposed to entertain, in some degree, that enlarged view of my duty as a citizen of the United States and as a public man, which may, in some small measure, commend me to the regard of the whole country. While I am free to confess, Gentlemen, that there is no compliment of which I am more desirous to be thought worthy, I will add, that a compliment of that kind could have proceeded from no source more agreeable to my own feelings than from the gentleman who has proposed it,—an eminent merchant, the member of a body of eminent merchants, known throughout the world for their intelligence and enterprise. I the more especially feel this, Gentlemen, because, whether I view the present state of things or recur to the history of the past, I can in neither case be ignorant how much that profession, and its distinguished members, from an early day of our history, have contributed to make the country what it is, and the government what it is.

Gentlemen, the free nature of our institutions, and the popular form of those governments which have come down to us from the Rock of Plymouth, give scope to intelligence, to talent, enterprise, and public spirit, from all classes making up the great body of the community. And the country has received benefit in all its history and in all its exigencies, of the most eminent and striking character, from persons of the class to which my friend before me belongs. Who will ever forget that the first name signed to our ever-memorable and ever-glorious Declaration of Independence is the name of John Hancock, a merchant of Boston? Who will ever forget that, in the most disastrous days of the Revolution, when the treasury of the country was bankrupt, with unpaid navies and starving armies, it was a merchant,—Robert Morris of Philadelphia,—who, by a noble sacrifice of his own fortune, as well as by the exercise of his great financial abilities, sustained and supported the wise men of the country in council, and the brave men of the country in the field of battle? Nor are there wanting more recent instances. I have the pleasure to see near me, and near my friend who proposed this sentiment, the son of an eminent merchant of New England (Mr. Goodhue), an early member of the Senate of the United States, always consulted, always respected, in whatever belonged to the duty and the means of putting in operation the financial and commercial system of the country; and this mention of the father of my friend brings to my mind the memory of his great colleague, the early associate of Hamilton and of Ames, trusted and beloved by Washington, consulted on all occasions connected with the administration of the finances, the establishment of the treasury department, the imposition of the first rates of duty, and with every thing that belonged to the commercial system of the United States,—George Cabot, of Massachusetts.

I will take this occasion to say, Gentlemen, that there is no truth better developed and established in the history of the United States, from the formation of the Constitution to the present time, than this,—that the mercantile classes, the great commercial masses of the country, whose affairs connect them strongly with every State in the Union and with all the nations of the earth, whose business and profession give a sort of nationality to their character,—that no class of men among us, from the beginning, have shown a stronger and firmer devotion to whatsoever has been designed, or to whatever has tended, to preserve the union of these States and the stability of the free government under which we live. The Constitution of the United States, in regard to the various municipal regulations and local interests, has left the States individual, disconnected, isolated. It has left them their own codes of criminal law; it has left them their own system of municipal regulations. But there was one great interest, one great concern, which, from the very nature of the case, was no longer to be left under the regulations of the then thirteen, afterwards twenty, and now twenty-six States, but was committed, necessarily committed, to the care, the protection, and the regulation of one government; and this was that great unit, as it has been called, the commerce of the United States. There is no commerce of New York, no commerce of Massachusetts, none of Georgia, none of Alabama or Louisiana. All and singular, in the aggregate and in all its parts, is the commerce of the United States, regulated at home by a uniform system of laws under the authority of the general government, and protected abroad under the flag of our government, the glorious E Pluribus Unum, and guarded, if need be, by the power of the general government all over the world. There is, therefore, Gentlemen, nothing more cementing, nothing that makes us more cohesive, nothing that more repels all tendencies to separation and dismemberment, than this great, this common, I may say this overwhelming interest of one commerce, one general system of trade and navigation, one everywhere and with every nation of the globe. There is no flag of any particular American State seen in the Pacific seas, or in the Baltic, or in the Indian Ocean. Who knows, or who hears, there of your proud State, or of my proud State? Who knows, or who hears, of any thing, at the extremest north or south, or at the antipodes,—in the remotest regions of the Eastern or Western Sea,—who ever hears, or knows, of any thing but an American ship, or of any American enterprise of a commercial character that does not bear the impression of the American Union with it?

It would be a presumption of which I cannot be guilty, Gentlemen, for me to imagine for a moment, that, among the gifts which New England has made to our common country, I am any thing more than one of the most inconsiderable. I readily bring to mind the great men, not only with whom I have met, but those of the generation before me, who now sleep with their fathers, distinguished in the Revolution, distinguished in the formation of the Constitution and in the early administration of the government, always and everywhere distinguished; and I shrink in just and conscious humiliation before their established character and established renown; and all that I venture to say, and all that I venture to hope may be thought true, in the sentiment proposed, is, that, so far as mind and purpose, so far as intention and will, are concerned, I may be found among those who are capable of embracing the whole country of which they are members in a proper, comprehensive, and patriotic regard. We all know that the objects which are nearest are the objects which are dearest; family affections, neighborhood affections, social relations, these in truth are nearest and dearest to us all; but whosoever shall be able rightly to adjust the graduation of his affections, and to love his friends and his neighbors, and his country, as he ought to love them, merits the commendation pronounced by the philosophic poet upon him

"Qui didicit patriae quid debeat, et quid amicis."

Gentlemen, it has been my fortune, in the little part which I have acted in public life, for good or for evil to the community, to be connected entirely with that government which, within the limits of constitutional power, exercises jurisdiction over all the States and all the people. My friend at the end of the table on my left has spoken pleasantly to us to-night of the reputed miracles of tutelar saints. In a sober sense, in a sense of deep conviction, I say that the emergence of this country from British domination, and its union under its present form of government beneath the general Constitution of the country, if not a miracle, is, I do not say the most, but one of the most fortunate, the most admirable, the most auspicious occurrences, which have ever fallen to the lot of man. Circumstances have wrought out for us a state of things which, in other times and other regions, philosophy has dreamed of, and theory has proposed, and speculation has suggested, but which man has never been able to accomplish. I mean the government of a great nation over a vastly extended portion of the surface of the earth, by means of local institutions for local purposes, and general institutions for general purposes. I know of nothing in the history of the world, notwithstanding the great league of Grecian states, notwithstanding the success of the Roman system, (and certainly there is no exception to the remark in modern history,)—I know of nothing so suitable on the whole for the great interests of a great people spread over a large portion of the globe, as the provision of local legislation for local and municipal purposes, with, not a confederacy, nor a loose binding together of separate parts, but a limited, positive general government for positive general purposes, over the whole. We may derive eminent proofs of this truth from the past and the present. What see we to-day in the agitations on the other side of the Atlantic? I speak of them, of course, without expressing any opinion on questions of politics in a foreign country; but I speak of them as an occurrence which shows the great expediency, the utility, I may say the necessity, of local legislation. If, in a country on the other side of the water (Ireland), there be some who desire a severance of one part of the empire from another, under a proposition of repeal, there are others who propose a continuance of the existing relation under a federative system: and what is this? No more, and no less, than an approximation to that system under which we live, which for local, municipal purposes shall have a local legislature, and for general purposes a general legislature.

This becomes the more important when we consider that the United States stretch over so many degrees of latitude,—that they embrace such a variety of climate,—that various conditions and relations of society naturally call for different laws and regulations. Let me ask whether the legislature of New York could wisely pass laws for the government of Louisiana, or whether the legislature of Louisiana could wisely pass laws for Pennsylvania or New York? Everybody will say, "No." And yet the interests of New York and Pennsylvania and Louisiana, in whatever concerns their relations between themselves and their general relations with all the states of the world, are found to be perfectly well provided for, and adjusted with perfect congruity, by committing these general interests to one common government, the result of popular general elections among them all.

I confess, Gentlemen, that having been, as I have said, in my humble career in public life, employed in that portion of the public service which is connected with the general government, I have contemplated, as the great object of every proceeding, not only the particular benefit of the moment, or the exigency of the occasion, but the preservation of this system; for I do consider it so much the result of circumstances, and that so much of it is due to fortunate concurrence, as well as to the sagacity of the great men acting upon those occasions,—that it is an experiment of such remarkable and renowned success,—that he is a fool or a madman who would wish to try that experiment a second time. I see to-day, and we all see, that the descendants of the Puritans who landed upon the Rock of Plymouth; the followers of Raleigh, who settled Virginia and North Carolina; he who lives where the truncheon of empire, so to speak, was borne by Smith; the inhabitants of Georgia; he who settled under the auspices of France at the mouth of the Mississippi; the Swede on the Delaware, the Quaker of Pennsylvania,—all find, at this day, their common interest, their common protection, their common glory, under the united government, which leaves them all, nevertheless, in the administration of their own municipal and local affairs, to be Frenchmen, or Swedes, or Quakers, or whatever they choose. And when one considers that this system of government, I will not say has produced, because God and nature and circumstances have had an agency in it,—but when it is considered that this system has not prevented, but has rather encouraged, the growth of the people of this country from three millions, on the glorious 4th of July, 1776, to seventeen millions now, who is there that will say, upon this hemisphere,—nay, who is there that will stand up in any hemisphere, who is there in any part of the world, that will say that the great experiment of a united republic has failed in America? And yet I know, Gentlemen, I feel, that this united system is held together by strong tendencies to union, at the same time that it is kept from too much leaning toward consolidation by a strong tendency in the several States to support each its own power and consideration. In the physical world it is said, that

"All nature's difference keeps all nature's peace,"

and there is in the political world this same harmonious difference, this regular play of the positive and negative powers, (if I may so say,) which, at least for one glorious half-century, has kept us as we have been kept, and made us what we are.

But, Gentlemen, I must not allow myself to pursue this topic. It is a sentiment so commonly repeated by me upon all public occasions, and upon all private occasions, and everywhere, that I forbear to dwell upon it now. It is the union of these States, it is the system of government under which we live, beneath the Constitution of the United States, happily framed, wisely adopted, successfully administered for fifty years,—it is mainly this, I say, that gives us power at home and credit abroad. And, for one, I never stop to consider the power or wealth or greatness of a State. I tell you, Mr. Chairman, I care nothing for your Empire State as such. Delaware and Rhode Island are as high in my regard as New York. In population, in power, in the government over us, you have a greater share. You would have the same share if you were divided into forty States. It is not, therefore, as a State sovereignty, it is only because New York is a vast portion of the whole American people, that I regard this State, as I always shall regard her, as respectable and honorable. But among State sovereignties there is no preference; there is nothing high and nothing low; every State is independent and every State is equal. If we depart from this great principle, then are we no longer one people; but we are thrown back again upon the Confederation, and upon that state of things in which the inequality of the States produced all the evils which befell us in times past, and a thousand ill-adjusted and jarring interests.

Mr. President, I wish, then, without pursuing these thoughts, without especially attempting to produce any fervid impression by dwelling upon them, to take this occasion to answer my friend who has proposed the sentiment, and to respond to it by saying, that whoever would serve his country in this our day, with whatever degree of talent, great or small, it may have pleased the Almighty Power to give him, he cannot serve it, he will not serve it, unless he be able, at least, to extend his political designs, purposes, and objects, till they shall comprehend the whole country of which he is a servant.

Sir, I must say a word in connection with that event which we have assembled to commemorate. It has seemed fit to the dwellers in New York, New-Englanders by birth or descent, to form this society. They have formed it for the relief of the poor and distressed, and for the purpose of commemorating annually the great event of the settlement of the country from which they spring. It would be great presumption in me to go back to the scene of that settlement, or to attempt to exhibit it in any colors, after the exhibition made to-day; yet it is an event that in all time since, and in all time to come, and more in times to come than in times past, must stand out in great and striking characteristics to the admiration of the world. The sun's return to his winter solstice, in 1620, is the epoch from which he dates his first acquaintance with the small people, now one of the happiest, and destined to be one of the greatest, that his rays fall upon; and his annual visitation, from that day to this, to our frozen region, has enabled him to see that progress, progress, was the characteristic of that small people. He has seen them from a handful, that one of his beams coming through a key-hole might illuminate, spread over a hemisphere which he cannot enlighten under the slightest eclipse. Nor, though this globe should revolve round him for tens of hundreds of thousands of years, will he see such another incipient colonization upon any part of this attendant upon his mighty orb. What else he may see in those other planets which revolve around him we cannot tell, at least until we have tried the fifty-foot telescope which Lord Rosse is preparing for that purpose.

There is not, Gentlemen, and we may as well admit it, in any history of the past, another epoch from which so many great events have taken a turn; events which, while important to us, are equally important to the country from whence we came. The settlement of Plymouth—concurring, I always wish to be understood, with that of Virginia—was the settlement of New England by colonies of Old England. Now, Gentlemen, take these two ideas and run out the thoughts suggested by both. What has been, and what is to be, Old England? What has been, what is, and what may be, in the providence of God, New England, with her neighbors and associates? I would not dwell, Gentlemen, with any particular emphasis upon the sentiment, which I nevertheless entertain, with respect to the great diversity in the races of men. I do not know how far in that respect I might not encroach on those mysteries of Providence which, while I adore, I may not comprehend; but it does seem to me to be very remarkable, that we may go back to the time when New England, or those who founded it, were subtracted from Old England; and both Old England and New England went on, nevertheless, in their mighty career of progress and power.

Let me begin with New England for a moment. What has resulted, embracing, as I say, the nearly contemporaneous settlement of Virginia,—what has resulted from the planting upon this continent of two or three slender colonies from the mother country? Gentlemen, the great epitaph commemorative of the character and the worth, the discoveries and glory, of Columbus, was, that he had given a new world to the crowns of Castile and Aragon. Gentlemen, this is a great mistake. It does not come up at all to the great merits of Columbus. He gave the territory of the southern hemisphere to the crowns of Castile and Aragon; but as a place for the plantation of colonies, as a place for the habitation of men, as a place to which laws and religion, and manners and science, were to be transferred, as a place in which the creatures of God should multiply and fill the earth, under friendly skies and with religious hearts, he gave it to the whole world, he gave it to universal man! From this seminal principle, and from a handful, a hundred saints, blessed of God and ever honored of men, landed on the shores of Plymouth and elsewhere along the coast, united, as I have said already more than once, in the process of time, with the settlement at Jamestown, has sprung this great people of which we are a portion.

I do not reckon myself among quite the oldest of the land, and yet it so happens that very recently I recurred to an exulting speech or oration of my own, in which I spoke of my country as consisting of nine millions of people. I could hardly persuade myself that within the short time which had elapsed since that epoch our population had doubled; and that at the present moment there does exist most unquestionably as great a probability of its continued progress, in the same ratio, as has ever existed in any previous time. I do not know whose imagination is fertile enough, I do not know whose conjectures, I may almost say, are wild enough to tell what may be the progress of wealth and population in the United States in half a century to come. All we know is, here is a people of from seventeen to twenty millions, intelligent, educated, freeholders, freemen, republicans, possessed of all the means of modern improvement, modern science, arts, literature, with the world before them! There is nothing to check them till they touch the shores of the Pacific, and then, they are so much accustomed to water, that that's a facility, and no obstruction!

So much, Gentlemen, for this branch of the English race; but what has happened, meanwhile, to England herself since the period of the departure of the Puritans from the coast of Lincolnshire, from the English Boston? Gentlemen, in speaking of the progress of English power, of English dominion and authority, from that period to the present, I shall be understood, of course, as neither entering into any defence or any accusation of the policy which has conducted her to her present state. As to the justice of her wars, the necessity of her conquests, the propriety of those acts by which she has taken possession of so great a portion of the globe, it is not the business of the present occasion to inquire. Neque teneo, neque refello. But I speak of them, or intend to speak of them, as facts of the most extraordinary character, unequalled in the history of any nation on the globe, and the consequences of which may and must reach through a thousand generations. The Puritans left England in the reign of James the First. England herself had then become somewhat settled and established in the Protestant faith, and in the quiet enjoyment of property, by the previous energetic, long, and prosperous reign of Elizabeth. Her successor was James the Sixth of Scotland, now become James the First of England; and here was a union of the crowns, but not of the kingdoms,—a very important distinction. Ireland was held by a military power, and one cannot but see that at that day, whatever may be true or untrue in more recent periods of her history, Ireland was held by England by the two great potencies, the power of the sword and the power of confiscation. In other respects, England was nothing like the England which we now behold. Her foreign possessions were quite inconsiderable. She had some hold on the West India Islands; she had Acadia, or Nova Scotia, which King James granted, by wholesale, for the endowment of the knights whom he created by hundreds. And what has been her progress? Did she then possess Gibraltar, the key to the Mediterranean? Did she possess a port in the Mediterranean? Was Malta hers? Were the Ionian Islands hers? Was the southern extremity of Africa, was the Cape of Good Hope, hers? Were the whole of her vast possessions in India hers? Was her great Australian empire hers? While that branch of her population which followed the western star, and under its guidance committed itself to the duty of settling, fertilizing, and peopling an unknown wilderness in the West, were pursuing their destinies, other causes, providential doubtless, were leading English power eastward and southward, in consequence and by means of her naval prowess, and the extent of her commerce, until in our day we have seen that within the Mediterranean, on the western coast and at the southern extremity of Africa, in Arabia, in hither India and farther India, she has a population ten times as great as that of the British Isles two centuries ago. And recently, as we have witnessed,—I will not say with how much truth and justice, policy or impolicy, I do not speak at all to the morality of the action, I only speak to the fact,—she has found admission into China, and has carried the Christian religion and the Protestant faith to the doors of three hundred millions of people.

It has been said that whosoever would see the Eastern world before it turns into a Western world must make his visit soon, because steamboats and omnibuses, commerce, and all the arts of Europe, are extending themselves from Egypt to Suez, from Suez to the Indian seas, and from the Indian seas all over the explored regions of the still farther East.

Now, Gentlemen. I do not know what practical views or what practical results may take place from this great expansion of the power of the two branches of Old England. It is not for me to say. I only can see, that on this continent all is to be Anglo-American from Plymouth Rock to the Pacific seas, from the north pole to California. That is certain; and in the Eastern world, I only see that you can hardly place a finger on a map of the world and be an inch from an English settlement.

Gentlemen, if there be any thing in the supremacy of races, the experiment now in progress will develop it. If there be any truth in the idea, that those who issued from the great Caucasian fountain, and spread over Europe, are to react on India and on Asia, and to act on the whole Western world, it may not be for us, nor our children, nor our grandchildren, to see it, but it will be for our descendants of some generation to see the extent of that progress and dominion of the favored races.

For myself, I believe there is no limit fit to be assigned to it by the human mind, because I find at work everywhere, on both sides of the Atlantic, under various forms and degrees of restriction on the one hand, and under various degrees of motive and stimulus on the other hand, in these branches of a common race, the great principle of the freedom of human thought, and the respectability of individual character. I find everywhere an elevation of the character of man as man, an elevation of the individual as a component part of society. I find everywhere a rebuke of the idea, that the many are made for the few, or that government is any thing but an agency for mankind. And I care not beneath what zone, frozen, temperate, or torrid; I care not of what complexion, white or brown; I care not under what circumstances of climate or cultivation,—if I can find a race of men on an inhabitable spot of earth whose general sentiment it is, and whose general feeling it is, that government is made for man,—man, as a religious, moral, and social being,—and not man for government, there I know that I shall find prosperity and happiness.

Gentlemen, I forbear from these remarks. I recur with pleasure to the sentiment which I expressed at the commencement of my observations. I repeat the gratification which I feel at having been referred to on this occasion by a distinguished member of the mercantile profession; and without detaining you further, I beg to offer as a sentiment,—

"The mercantile interest of the United States, always and everywhere friendly to a united and free government."

Mr. Webster sat down amid loud and repeated applause; and immediately after, at the request of the President, rose and said:—#/

Gentlemen, I have the permission of the President to call your attention to the circumstance that a distinguished foreigner is at the table to-night, Mr. Aldham; a gentleman, I am happy to say, of my own hard-working profession, and a member of the English Parliament from the great city of Leeds. A traveller in the United States, in the most unostentatious manner, he has done us the honor, at the request of the Society, to be present to-night. I rise, Gentlemen, to propose his health. He is of that Old England of which I have been speaking; of that Old England with whom we had some fifty years ago rather a serious family quarrel,—terminated in a manner, I believe, not particularly disadvantageous to either of us. He will find in this, his first visit to our country, many things to remind him of his own home, and the pursuits in which he is engaged in that home. If he will go into our courts of law, he will find those who practise there referring to the same books of authority, acknowledging the same principles, discussing the same subjects which he left under discussion in Westminster Hall. If he go into our public assemblies, he will find the same rules of procedure—possibly not always quite as regularly observed—as he left behind him in that house of Parliament of which he is a member. At any rate, he will find us a branch of that great family to which he himself belongs, and I doubt not that, in his sojourn among us, in the acquaintances he may form, the notions he may naturally imbibe, he will go home to his own country somewhat better satisfied with what he has seen and learned on this side of the Atlantic, and somewhat more convinced of the great importance to both countries of preserving the peace that at present subsists between them. I propose to you, Gentlemen, the health of Mr. Aldham.

Mr. Aldham rose and said:—"Mr. President and Gentlemen of the New England Society, I little expected to be called on to take a part in the proceedings of this evening; but I am very happy in being afforded an opportunity of expressing my grateful acknowledgments for the very cordial hospitality which you have extended to me, and the very agreeable intellectual treat with which I have been favored this evening. It was with no little astonishment that I listened to the terms in which I was introduced to you by a gentleman whom I so much honor (Mr. Webster). The kind and friendly terms in which he referred to me were, indeed, quite unmerited by their humble object, and nothing, indeed, could have been more inappropriate. It is impossible for any stranger to witness such a scene as this without the greatest interest. It is the celebration of an event which already stands recorded as one of the most interesting and momentous occurrences which ever took place in the annals of our race. And an Englishman especially cannot but experience the deepest emotion as he regards such a scene. Every thing which he sees, every emblem employed in this celebration, many of the topics introduced, remind him most impressively of that community of ancestry which exists between his own countrymen and that great race which peoples this continent, and which, in enterprise, ingenuity, and commercial activity,—in all the elements indeed of a great and prosperous nation,—is certainly not exceeded, perhaps not equalled, by any other nation on the face of the globe. Gentlemen, I again thank you for the honor you have done me, and conclude by expressing the hope that the event may continue to be celebrated in the manner which its importance and interest merit."

Mr. Aldham sat down amid great applause.



THE CHRISTIAN MINISTRY AND THE RELIGIOUS INSTRUCTION OF THE YOUNG.

A SPEECH DELIVERED IN THE SUPREME COURT AT WASHINGTON, ON THE 20TH OF FEBRUARY, 1844, IN THE GIRARD WILL CASE.

[The heirs at law of the late Stephen Girard, of Philadelphia, instituted a suit in October, 1836, in the Circuit Court of the Eastern District of Pennsylvania, sitting as a court of equity, to try the question of the validity of his will. In April, 1841, the cause came on for hearing in the Circuit Court, and was decided in favor of the will. The case was carried by appeal to the Supreme Court of the United States, at Washington, where it was argued by General Jones and Mr. Webster for the complainants and appellants, and by Messrs. Binney and Sergeant for the validity of the will.

The following speech was made by Mr. Webster in the course of the trial at Washington. A deep impression was produced upon the public mind by those portions of it which enforced the intimate connection of the Christian ministry with the business of instruction, and the necessity of founding education on a religious basis.

This impression resulted in the following correspondence:—

"Washington, February 13, 1844.

"SIR,—Enclosed is a copy of certain proceedings of a meeting held in reference to your argument in the Supreme Court of the case arising out of the late Mr. Girard's will. In communicating to you the request contained in the second resolution, we take leave to express our earnest hope that you may find it convenient to comply with that request.

"We are, Sir, with high consideration, yours, very respectfully,

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

"HON. DANIEL WEBSTER."

"At a meeting of a number of citizens, belonging to different religious denominations, of Washington and its vicinity, convened to consider the expediency of procuring the publication of so much of Mr. Webster's argument before the Supreme Court of the United States, in the case of Francois F. Vidal et al., Appellants, v. The Mayor, Aldermen, and Citizens of Philadelphia, and Stephen Girard's Executors, as relates to that part of Mr. Girard's will which excludes ministers of religion from any station or duty in the college directed by the testator to be founded, and denies to them the right of visiting said college; the object of the meeting having been stated by Professor Sewall in a few appropriate remarks, the Hon. Henry L. Ellsworth was elected chairman, and the Rev. Isaac S. Tinsley secretary.

"Whereupon it was, on motion, unanimously resolved,

"1st. That, in the opinion of this meeting, the powerful and eloquent argument of Mr. Webster, on the before-mentioned clause of Mr. Girard's will, demonstrates the vital importance of Christianity to the success of our free institutions, and its necessity as the basis of all useful moral education; and that the general diffusion of that argument among the people of the United States is a matter of deep public interest.

"2d. That a committee of eight persons, of the several Christian denominations represented in this meeting, be appointed to wait on Mr. Webster, and, in the name and on behalf of this meeting, to request him to prepare for the press the portion referred to of his argument in the Girard case; and, should he consent to do so, to cause it to be speedily published and extensively disseminated.

"The following gentlemen were appointed the committee under the second resolution: Philip R. Fendall, Esq., Rev. Horace Stringfellow, Rev. Joshua N. Danforth, Rev. R. Randolph Gurley, Professor William Ruggles, Rev. President J.S. Bacon, Doctor Thomas Sewall, Rev. William B. Edwards.

"The meeting then adjourned.

"H.L. ELLSWORTH, Chairman

"ISAAC S. TINSLEY, Secretary."

"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 noble, 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 GOD.

"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 constitution, 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 spacious for the residence and accommodation of at least three hundred scholars, and the requisite teachers and other persons necessary in such an institution 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 institution, 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 institution."

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 institution.

The first question is, whether this devise can be sustained, otherwise than as a charity, and by that special aid and assistance 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; nobody, therefore, can come forward as a party, in a court of law, to claim participation 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 entitled 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 circumstances 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 constitute no hierarchy; they enjoy no peculiar privileges. In some of the States they are even shut out from all participation in the political rights and privileges enjoyed by their fellow-citizens. They enjoy no tithes, 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.

I hope that our learned men have done something for the honor of our literature abroad. I hope that the courts of justice and members of the bar of this country have done something to elevate the character of the profession of the law. I hope that the discussions above (in Congress) have done something to meliorate the condition of the human race, to secure and extend the great charter of human rights, and to strengthen and advance the great principles of human liberty. But I contend that no literary efforts, no adjudications, no constitutional discussions, nothing that has been done or said in favor of the great interests of universal man, has done this country more credit, at home and abroad, than the establishment of our body of clergymen, their support by voluntary contributions, and the general excellence of their character for piety and learning.

The great truth has thus been proclaimed and proved, a truth which I believe will in time to come shake all the hierarchies of Europe, that the voluntary support of such a ministry, under free institutions, is a practicable idea.

And yet every one of these, the Christian ministers of the United States, is by this devise denied the privileges which are at the same time open to the vilest of our race; every one is shut out from this, I had almost said sanctum, but I will not profane that word by such a use of it.

Did a man ever live that had a respect for the Christian religion, and yet had no regard for any one of its ministers? Did that system of instruction ever exist, which denounced the whole body of Christian teachers, and yet called itself a system of Christianity?

The learned counsel on the other side see the weak points of this case. They are not blind. They have, with the aid of their great learning, industry, and research, gone back to the time of Constantine, they have searched the history of the Roman emperors, the Dark Ages, and the intervening period, down to the settlement of these colonies; they have explored every nook and corner of religious and Christian history, to find out the various meanings and uses of Christian charity; and yet, with all their skill and all their research, they have not been able to discover any thing which has ever been regarded as a Christian charity, that sets such an opprobrium upon the forehead of all its ministers. If, with all their endeavors, they can find any one thing which has been so regarded, they may have their college, and make the most of it. But the thing does not exist; it never had a being; history does not record it, common sense revolts at it. It certainly is not necessary for me to make an ecclesiastical argument in favor of this proposition. The thing is so plain, that it must instantly commend itself to your honors.

It has been said that Mr. Girard was charitable. I am not now going to controvert this. I hope he was. I hope he has found his reward. It has also been asked, "Cannot Mr. Girard be allowed to have his own will, to devise his property according to his own desire?" Certainly he can, in any legal devise, and the law will sustain him therein. But it is not for him to overturn the law of the land. The law cannot be altered to please Mr. Girard. He found that out, I believe, in two or three instances in his lifetime. Nor can the law be altered on account of the magnitude and munificence of the bounty. What is the value of that bounty, however great or munificent, which touches the very foundations of human society, which touches the very foundations of Christian charity, which touches the very foundations of public law, and the Constitution, and the whole welfare of the state?

And now, let me ask, What is, in contemplation of law, "a charity"? The word has various significations. In the larger and broader sense, it means the kindly exercise of the social affections, all the good feelings which man entertains towards man. Charity is love. This is that charity of which St. Paul speaks, that charity which covereth the sins of men, "that suffereth all things, hopeth all things." In a more popular sense, charity is alms-giving or active benevolence.

But the question for your honors to decide here is, What is a charity, or a charitable use, in contemplation of law? To answer this inquiry, we are generally referred to the objects enumerated in the 43d of Elizabeth. The objects enumerated in that statute, and others analogous to them, are charities in the sense of equitable jurisprudence.

There is no doubt that a school of learning is a charity. It is one of those mentioned in the statutes. Such a school of learning as was contemplated by the statutes of Elizabeth is a charity; and all such have borne that name and character to this day. I mean to confine myself to that description of charity, the statute charity, and to apply it to this case alone.

The devise before us proposes to establish, as its main object, a school of learning, a college. There are provisions, of course, for lodging, clothing, and feeding the pupils, but all this is subsidiary. The great object is the instruction of the young; although it proposes to give the children better food and clothes and lodging, and proposes that the system of education shall be somewhat better than that which is usually provided for the poor and destitute in our public institutions generally.

The main object, then, is to establish a school of learning for children, beginning with them at a very tender age, and retaining them (namely, from six years to eighteen) till they are on the verge of manhood, when they will have expended more than one third part of the average duration of human life. For if the college takes them at six, and keeps them till they are eighteen, a period of twelve years will be passed within its walls; more than a third part of the average of human life. These children, then, are to be taken almost before they learn their alphabet, and be discharged about the time that men enter on the active business of life. At six, many do not know their alphabet. John Wesley did not know a letter till after he was six years old, and his mother then took him on her lap, and taught him his alphabet at a single lesson. There are many parents who think that any attempt to instil the rudiments of education into the mind of a child at an earlier age, is little better than labor thrown away.

The great object, then, which Mr. Girard seemed to have in view, was to take these orphans at this very tender age, and to keep them within his walls until they were entering manhood. And this object I pray your honors steadily to bear in mind.

I never, in the whole course of my life, listened to any thing with more sincere delight, than to the remarks of my learned friend who opened this cause, on the nature and character of true charity. I agree with every word he said on that subject. I almost envy him his power of expressing so happily what his mind conceives so clearly and correctly. He is right when he speaks of it as an emanation from the Christian religion. He is right when he says that it has its origin in the word of God. He is right when he says that it was unknown throughout all the world till the first dawn of Christianity. He is right, pre-eminently right, in all this, as he was pre-eminently happy in his power of clothing his thoughts and feelings in appropriate forms of speech. And I maintain, that, in any institution for the instruction of youth, where the authority of God is disowned, and the duties of Christianity derided and despised, and its ministers shut out from all participation in its proceedings, there can no more be charity, true charity, found to exist, than evil can spring out of the Bible, error out of truth, or hatred and animosity come forth from the bosom of perfect love. No, Sir! No, Sir! If charity denies its birth and parentage, if it turns infidel to the great doctrines of the Christian religion, if it turns unbeliever, it is no longer charity! There is no longer charity, either in a Christian sense or in the sense of jurisprudence; for it separates itself from the fountain of its own creation.

There is nothing in the history of the Christian religion; there is nothing in the history of English law, either before or after the Conquest; there can be found no such thing as a school of instruction in a Christian land, from which the Christian religion has been, of intent and purpose, rigorously and opprobriously excluded, and yet such school regarded as a charitable trust or foundation. This is the first instance on record. I do not say that there may not be charity schools in which religious instruction is not provided. I need not go that length, although I take that to be the rule of the English law. But what I do say, and repeat, is, that a school for the instruction of the young, which sedulously and reproachfully excludes Christian knowledge, is no charity, either on principle or authority, and is not, therefore, entitled to the character of a charity in a court of equity. I have considered this proposition, and am ready to stand by it.

I will not say that there may not be a charity for instruction, in which there is no positive provision for the Christian religion. But I do say, and do insist, that there is no such thing in the history of religion, no such thing in the history of human law, as a charity, a school of instruction for children, from which the Christian religion and Christian teachers are excluded, as unsafe and unworthy intruders. Such a scheme is deprived of that which enters into the very essence of human benevolence, when that benevolence contemplates instruction, that is to say, religious knowledge, connected with human knowledge. It is this which causes it to be regarded as a charity; and by reason of this it is entitled to the special favor of the courts of law. This is the vital question which must be decided by this court. It is vital to the understanding of what the law is, it is vital to the validity of this devise.

If this be true, if there can be no charity in that plan of education which opposes Christianity, then that goes far to decide this case. I take it that this court, in looking at this subject, will see the important bearing of this point upon it. The learned counsel said that the State of Pennsylvania was not an infidel State. It is true that she is not an infidel State. She has a Christian origin, a Christian code of laws, a system of legislation founded on nothing else, in many of its important bearings upon human society, than the belief of the people of Pennsylvania, their firm and sincere belief, in the divine authority and great importance of the truths of the Christian religion. And she should the more carefully seek to preserve them pure.

Now, let us look at the condition and prospects of these tender children, who are to be submitted to this experiment of instruction without Christianity. In the first place, they are orphans, have no parents to guide or instruct them in the way in which they should go, no father, no religious mother, to lead them to the pure fount of Christianity; they are orphans. If they were only poor, there might be somebody bound by ties of human affection to look after their spiritual welfare; to see that they imbibed no erroneous opinions on the subject of religion; that they run into no excessive improprieties of belief as well as conduct. The child would have its father or mother to teach it to lisp the name of its Creator in prayer, or hymn His praise. But in this experimental school of instruction, if the orphans have any friends or connections able to look after their welfare, it shuts them out. It is made the duty of the governors of the institution, on taking the child, so to make out the indentures of apprenticeship as to keep him from any after interference in his welfare on the part of guardians or relatives; to keep them from withdrawing him from the school, or interfering with his instruction whilst he is in the school, in any manner whatever.

The school or college is to be surrounded by high walls; there are to be two gates in these walls, and no more; they are to be of iron within, and iron bound or covered without; thus answering more to the description of a castle than a school-house. The children are to be thus guarded for twelve years in this, I do not mean to say a prison, nor do I mean to say that this is exactly close confinement; but it is much closer confinement than ordinarily is met with, under the rules of any institution at present, and has a resemblance to the monastic institutions of past ages, rather than to any school for instruction at this period, at least in this country.

All this is to be within one great enclosure; all that is done for the bodily or mental welfare of the child is to be done within this great wall. It has been said that the children could attend public worship elsewhere. Where is the proof of this? There is no such provision in the devise; there is nothing said about it in any part of Mr. Girard's will; and I shall show presently that any such thing would be just as adverse to Mr. Girard's whole scheme, as it would be that the doctrines of Christianity should be preached within the walls of the college.

These children, then, are taken before they know the alphabet. They are kept till the period of early manhood, and then sent out into the world to enter upon its business and affairs. By this time the character will have been stamped. For if there is any truth in the Bible, if there is any truth in those oracles which soar above all human authority, or if any thing be established as a general fact, by the experience of mankind, in this first third of human life the character is formed. And what sort of a character is likely to be made by this process, this experimental system of instruction?