ce, the same feeling of religious responsibility.
The courts of Pennsylvania have themselves decided that a charitable
bequest, which counteracts the public policy of the State, cannot be
sustained. This was so ruled in the often cited case of the Methodist
Church v. Remington. There, the devise was to the Methodist Church
generally, extending through the States and into Canada, and the trust
was declared void on this account alone; namely, that it was
inconsistent with the public policy of the State, inconsistent with the
general spirit of the laws of Pennsylvania. But is there any comparison
to be made between that ground on which a devise to a church is declared
void, namely, as inconsistent with the public policy of the State, and
the case of a devise which undermines and opposes the whole Christian
religion, and derides all its ministers; the one tending to destroy all
religion, and the other being merely against the spirit of the
legislation and laws of the State, and the general public policy of
government, in a very subordinate matter? Can it be shown that this
devise of a piece of ground to the Methodist Church can be properly set
aside, and declared void on general grounds, and not be shown that such
a devise as that of Mr. Girard, which tends to overturn as well as
oppose the public policy and laws of Pennsylvania, can also be set
aside?
Sir, there are many other American cases which I could cite to the court
in support of this point of the case. I will now only refer to 8
Johnson, page 291.
It is the same in Pennsylvania as elsewhere, the general principles and
public policy are sometimes established by constitutional provisions,
sometimes by legislative enactments, sometimes by judicial decisions,
and sometimes by general consent. But however they may be established,
there is nothing that we look for with more certainty than this general
principle, that Christianity is part of the law of the land. This was
the case among the Puritans of New England, the Episcopalians of the
Southern States, the Pennsylvania Quakers, the Baptists, the mass of the
followers of Whitefield and Wesley, and the Presbyterians; all brought
and all adopted this great truth, and all have sustained it. And where
there is any religious sentiment amongst men at all, this sentiment
incorporates itself with the law. _Every thing declares it._ The massive
cathedral of the Catholic; the Episcopalian church, with its lofty spire
pointi
|