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