That is a very broad and splendid provision. "No person shall be denied any civil right on account of his religious principles." That was copied from the Virginia Constitution, and that clause in the Virginia Constitution was written by Thomas Jefferson, and under that clause men were entitled to give their testimony in the courts of Virginia whether they believed in any religion or not, in any bible or not, or in any God or not.
That same clause was afterwards adopted by the State of Illinois, also by many other States, and wherever that clause is, no citizen can be denied any civil right on account of his religious principles. It is a broad and generous clause. This statute under which this indictment is drawn, is not in accordance with the spirit of that splendid sentiment. Under that clause, no man can be deprived of any civil right on account of his religious principles, or on account of his belief. And yet, on account of this miserable, this antiquated, this barbarous and savage statute, the same man who cannot be denied any political or civil right, can be sent to the penitentiary as a common felon for simply expressing his honest thought. And before I get through I hope to convince you that this statute is unconstitutional.
But we will go another step: "Every person may freely speak, write, or publish his sentiments on all subjects, being responsible for the abuse of that right."
That is in the Constitution of nearly every State in the Union, and the intention of that is to cover slanderous words—to cover a case where a man under pretence of enjoying the freedom of speech falsely assails or accuses his neighbor. Of course he should be held responsible for that abuse.
Then follows the great clause in the Constitution of 1844—more important than any other clause in that instrument—a clause that shines in that Constitution like a star at night.—
"No law shall be passed to restrain or abridge the liberty of speech or of the press."
Can anything be plainer—anything more forcibly stated?
"No law shall be passed to abridge the liberty of speech."
Now while you are considering this statute, I want you to keep in mind this other statement:
"No law shall be passed to restrain or abridge the liberty of speech or of the press."