se they are the results of the
profound meditations of a man who is dealing with popular ignorance.
Desirous of, and expecting, a great change in the social system of the
Old World, he is anxious to discover that conservative principle by
which society can be kept together when crowns and mitres shall have no
more influence. And he says that the only conservative principle must
be, and is, RELIGION! the authority of God! his revealed will! and the
influence of the teaching of the ministers of Christianity!
Mr. Webster here stated that he would, on Monday, bring forward
certain references and legal points bearing on this view of the
case.
The court then adjourned.
SECOND DAY.
The seven judges all took their seats at eleven o'clock, and the
court was opened.
Mr. Binney observed to the court, that he had omitted to notice, in
his argument, that, in regard to the statutes of Uniformity and
Toleration in England, whilst the Jewish Talmuds for the
propagation of Judaism alone were not sustained by those statutes,
yet the Jewish Talmuds for the maintenance of the poor were
sustained thereby. And the decisions show that, where a gift had
for its object the maintenance and education of poor Jewish
children, the statutes sustained the devise. In proof of this he
quoted 1 Ambler, by Blunt, p. 228, case of De Costa, &c. Also, the
case of Jacobs v. Gomperte, in the notes. Also, in the notes, 2
Swanston, p. 487, same case of De Costa, &c. Also, 7 Vesey, p. 423,
case of Mo Catto v. Lucardo. Also, Sheppard, p. 107, and Boyle, p.
43.
Another case was that of a bequest given to an object abroad, and
in the decision the Master of the Rolls considered that religious
instruction was not a necessary part of education. See, also, the
case of The Attorney-General v. The Dean and Canons of Christ
Church, Jacobs, p. 485.
Mr. Binney then quoted from Noah Webster the definition of the word
"tenets," to show that Mr. Webster did not give the right
definition when he said that "tenets" meant "religion."
Mr. Webster then rose and
said:--#/
The arguments of my learned friend, may it please your honors, in
relation to the Jewish laws as tolerated by the statutes, go to maintain
my very proposition; that is, that no school for the instruction of
youth in any system which is in any way derogat
|