He then referred to the Smithsonian legacy, which had been
mentioned, and which he said was no charity at all, nor any thing
like a charity. It was a gift to Congress, to be disposed of as
Congress saw fit, for scientific purposes.
He then replied, in a few words, to the arguments of Mr. Binney in
relation to the University of Virginia; and said that, although
there was no provision for religious instruction in that
University, yet he supposed it would not be contended for a moment
that the University of Virginia was a charity, or that it came
before the courts claiming of the law of that State protection as
such. It stood on its charter.
I repeat again, before closing this part of my argument, the
proposition, important as I believe it to be, for your honors'
consideration, that the proposed school, in its true character, objects,
and tendencies, is derogatory to Christianity and religion. If it be so,
then I maintain that it cannot be considered a charity, and as such
entitled to the just protection and support of a court of equity. I
consider this the great question for the consideration of this court. I
may be excused for pressing it on the attention of your honors. It is
one which, in its decision, is to influence the happiness, the temporal
and the eternal welfare, of one hundred millions of human beings, alive
and to be born, in this land. Its decision will give a hue to the
apparent character of our institutions; it will be a comment on their
spirit to the whole Christian world.
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