An Inquiry Into the Moral And Religious Character of the American Government
An Inquiry Into the Moral And Religious Character of the American Government
H W Henry Whiting Warner
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§ 2 Serg. &R. 91. 11 2 Yerg. R. 542. **9Pick. 1. Ft 1 Dal. 339. , 5 Cow. 258. HISTORICALLY CONSIDERED. 131 Even rules of property have been founded in exigencies of moral feeling alone. Land given to charitable and pious uses, passes by politic con- struction without a donee capable of taking it. * The government, as parent of the country, looks to this, and suffers not such a gift to fail for deficiency of forms. The legal title may be in abeyance, or in the clouds ; but the beneficial estate ...must not be lost to the cause of benevolence and piety. An attempt to wrest it from that cause, has been deemed a sort of sacrilege. But not to multiply details unnecessarily, there is one, in which all parts of the law, civil and criminal, common-law and statute, federal and local, and all the host of agencies employed in giving effect to them, combine to render an inci- dental but clear testimony to the truth of our religion — I mean the testimony of the bible-oath, so frequent, so universal throughout the country ; the acknowledged basis on which the credit of most other evidence rests ; the great dependence of the judicatories ; the agreed criterion of busi- ness veracity everywhere ; the sacrament by which nearly all the ties of the social order are made fast.
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