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 derogatory to the Christian
religion, or for the teaching of doctrines that are in any way contrary
to the Christian religion, is, or ever was, regarded as a charity by the
courts.
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