Probably not a man on this jury agrees with me about the subject of religion. Probably not a member of this jury thinks that I am right in the opinions that I have entertained and have so often expressed. Most of you belong to some church, and I presume that those who do, have the good of what they call Christianity at heart. There maybe among you some Methodists. If so, they have read the history of their church, and they know that when it was in the minority, it was persecuted, and they know that they can not read the history of that persecution without becoming indignant. They know that the early Methodists were denounced as heretics, as ranters, as ignorant pretenders.
There are also on this jury, Catholics, and they know that there is a tendency in many parts of this country to persecute a man now because he is a Catholic. They also know that their church has persecuted in times past, whenever and wherever it had the power; and they know that Protestants, when in power, have always persecuted Catholics; and they know, in their hearts, that all persecution, whether in the name of law, or religion, is monstrous, savage, and fiendish.
I presume that each one of you has the good of what you call Christianity at heart. If you have, I beg of you to acquit this man. If you believe Christianity to be a good, it never can do any church any good to put a man in jail for the expression of opinion. Any church that imprisons a man because he has used an argument against its creed, will simply convince the world that it cannot answer the argument.
Christianity will never reap any honor, will never reap any profit, from persecution. It is a poor, cowardly, dastardly way of answering arguments. No gentleman will do it—no civilized man ever did do it—no decent human being ever did, or ever will.
I take it for granted that you have a certain regard, a certain affection, for the State in which you live—that you take a pride in the Commonwealth of New Jersey. If you do, I beg of you to keep the record of your State clean. Allow no verdict to be recorded against the freedom of speech. At present there is not to be found on the records of any inferior court, or on those of the Supreme tribunal—any case in which a man has been punished for speaking his sentiments. The records have not been stained—have not been polluted—with such a verdict.
Keep such a verdict from the Reports of your State—from the Records of your courts. No jury has yet, in the State of New Jersey, decided that the lips of honest men are not free—that there is a manacle upon the brain.
For the sake of your State—for the sake of her reputation throughout the world—for your own sakes—and those of your children, and their children yet to be—say to the world that New Jersey shares in the spirit of this age,—that New Jersey is not a survival of the Dark Ages,—that New Jersey does not still regard the thumbscrew as an instrument of progress,—that New Jersey needs no dungeon to answer the arguments of a free man, and does not send to the penitentiary, men who think, and men who speak. Say to the world, that where arguments are without foundation, New Jersey has confidence enough in the brains of her people to feel that such arguments can be refuted by reason.
For the sake of your State, acquit this man. For the sake of something of far more value to this world than New Jersey—for the sake of something of more importance to mankind than this continent—for the sake of Human Liberty, for the sake of Free Speech, acquit this man.
What light is to the eyes, what love is to the heart, Liberty is to the soul of man. Without it, there come suffocation, degradation and death.
In the name of Liberty, I implore—and not only so, but I insist—that you shall find a verdict in favor of this defendant. Do not do the slightest thing to stay the march of human progress. Do not carry us back, even for a moment, to the darkness of that cruel night that good men hoped had passed away forever.