Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
Two causes, however, demand more than a passing mention,--the Girard will
case and the Rhode Island case. The former involved no constitutional
points. The suit was brought to break the will of Stephen Girard, and the
question was whether the bequest to found a college could be construed to
be a charitable devise. On this question Mr. Webster had a weak case in
point of law, but he readily detected a method by which he could go boldly
outside the law, as he had done to a certain degree in the Dartmouth
College case, and substitute for argument an eloquent and impassioned
appeal to emotion and prejudice. Girard was a free-thinker, and he provided
in his will that no priest or minister of any denomination should be
admitted to his college. Assuming that this excluded all religious
teaching, Mr. Webster then laid down the proposition that no bequest or
gift could be charitable which excluded Christian teaching. In other words,
he contended that there was no charity except Christian charity, which, the
poet assures us, is so rare. At this day such a theory would hardly be
gravely propounded by any one. But Mr. Webster, on the ground that Girard's
bequest was derogatory to Christianity, pronounced a very fine discourse
defending and eulogizing, with much eloquence, the Christian religion. The
speech produced a great effect. One is inclined to think that it was the
cause of the court's evading the question raised by Mr. Webster, and
sustaining the will, a result they were bound to reach in any event, on
other grounds. The speech certainly produced a great sensation, and was
much admired, especially by the clergy, who caused it to be printed and
widely distributed. It did not impress lawyers quite so favorably, and we
find Judge Story writing to Chancellor Kent that "Webster did his best for
the other side, but it seems to me altogether an address to the prejudices
of the clergy." The subject, in certain ways, had a deep attraction for Mr.
Webster. His imagination was excited by the splendid history of the Church,
and his conservatism was deeply stirred by a system which, whether in the
guise of the Romish hierarchy, as the Church of England, or in the form of
powerful dissenting sects, was, as a whole, imposing by its age, its
influence, and its moral grandeur. Moreover, it was one of the great
established bulwarks of well-ordered and civilized society. All this
appealed strongly to Mr. Webster, and he made the most of his opportunity
and of his shrewdly-chosen ground. Yet the speech on the Girard will is not
one of his best efforts. It has not the subdued but intense fire which
glowed so splendidly in his great speeches in the Senate. It lacked the
stately pathos which came always when Mr. Webster was deeply moved. It was
delivered in 1844, and was slightly tinged with the pompousness which
manifested itself in his late years, and especially on religious topics. No
man has a right to question the religious sincerity of another, unless upon
Public-domain text, read in full here on John Shaqi.
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