he again applied himself to his profession; but in 1840, at the age of sixty, abandoned the active labors of the forum. But once did he suspend his determination not to appear in the courts. It was upon a most notable occasion, and he stepped forth from the seclusion of his office, a giant fully armed, to win the crowning triumph of his professional career. Stephen Girard, a Frenchman by birth, a Philadelphia merchant, banker, and philan thropist, had left an enormous fortune to charity. By one clause in his will secta rian religious teaching was forbidden; and clergymen of every denomination were in hibited the college buildings and the grounds. Lay-religious instruction was expressly en joined, and the testator had expressed his anxiety that the boys whom he sought to befriend should be free to form their own religious opinions. An attack was made upon the gift by alien plaintiffs, who sued in the United States Courts. Walter Jones, in that day a most able and active practitioner of the District of Columbia, led the assault, while John Sergeant represented the city of Philadel phia, the trustee under the will. The judges were in doubt. English precedents appeared adverse to the charity as being impious and pagan, while certain expressions of ChiefJustice Marshall exercised a persuasive influ ence over the mind of Mr. Justice Story. The most unique and princely charity in America was in peril. A re-argument was ordered. The heirs retained Daniel Webster, the undisputed monarch of the bar of the Supreme Court of the United States. The city of Philadelphia turned to Mr Binney. He yielded to the call of duty, and after a year's most thorough preparation entered the court-room with a complete and absolute mastery of every Chancery precedent, ancient or modern, and bore down upon his illustri ous opponent with a weight of learning and a strength of argument which proved crush ing and overwhelming. Mr. Webster declared that it would be
the crowning mercy of his professional ca reer if he could defeat this alleged charity. Mr. Binney, with infinite tact, disarmed pre judice against the testator by reciting the number and character of his benefactions, his gifts to the dumb and blind, the Orphan School, his employees, his relatives, and even his old negro slave. Gradually he worked his way up to a definition of charity which formed the keynote of his argument, — that whatever was given from a love of God or a love of one's neighbor, in the broadest- and most catholic sense, was a charity. He made a majestic appeal for religious toleration, and vindicated the right of Mr. Girard to guard his trust from narrow and sectarian inter pretation. Mr. Webster's reply was inade quate. It was eloquent and declamatory, but the criticism of the authorities was cursory and superficial. His study had been hasty and partial. Mr. Binney had won solely through that which was his most conspicu ous trait, — absolute mastery of all the law relating to the case, — thoroughness of pre paration. Mr. Justice Story delivered the opinion, and showed in every line how com pletely he had been subjugated (Vidal et al. v. Girard's Executors, 2 Howard (U. S. Rep.) 127). The admiration excited by this argument led President Tyler to offer to Mr. Binney the seat upon the bench of the Supreme Court of the United States made vacant by the death of Mr. Justice Baldwin. It was declined on account of infirm health and years. Such in mere outline was the professional career of Mr. Binney. No sketch of his life, however, would be complete without reference to his labors as eulogist, biogra pher, historical critic, and legal disputant. In these departments of literature he is en titled to the highest rank. In learning, in skill in portraiture, in purity of style, and eloquence of expression, they equal any of the discourses pronounced by Kent or Story. He handsomely paid the lawyer's debt to his profession. In 1827 he delivered an eulo
