"And is not a discipline thus addressed to the purpose of fixing religious principles in ascendency, as far as that difficult object is within the power of discipline, and of infusing a salutary tincture of them into whatever else is taught, the right way to bring up citizens faithful to all that deserves fidelity in the social compact?…
"Lay hold on the myriads of juvenile spirits before they have time to grow up through ignorance, into a reckless hostility to social order; train them to sense and good morals; inculcate the principles of religion, simply and solemnly, as religion, as a thing directly of divine dictation, and not as if its authority were chiefly in virtue of human institutions; let the higher orders, generally, make it evident to the multitude that they are desirous to raise them in value, and promote their happiness; and then, whatever the demands of the people as a body, thus improving in understanding and sense of justice, shall come to be, and whatever modification their preponderance may ultimately enforce on the great social arrangements, it will be infallibly certain that there never can be a love of disorder, an insolent anarchy, a prevailing spirit of revenge and devastation. Such a conduct of the ascendent ranks would, in this nation at least, secure that, as long as the world lasts, there never would be any formidable commotion, or violent sudden changes. All those modifications of the national economy to which an improving people would aspire, and would deserve to obtain, would be gradually accomplished, in a manner by which no party would be wronged, and all would be the happier."[1]
I not only read this for the excellence of its sentiments and their application to the subject, but because 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."