for libels, the truth maybe given in evidence
to the jury; and if it shall appear to the
jury that the matter charged as libellous is
true, and was published with good motives
and for justifiable ends, the party shall be
acquitted; and the jury shall have the right
to determine the law and the fact."
The next is the Constitution of New
Jersey:
"Every person may freely speak, write
and publish his sentiments on all subjects,
being responsible for the abuse of that right.
No law shall be passed to restrain or abridge
the liberty of speech or of the press."
Then comes the provision in the Constitu-
tion of Pennsylvania:
" That the printing" presses shall he free to
every person who undertakes to examine the
proceeding's of the Legislature or any branch
of government; and no law shall ever be
made to restrain the right thereof. The free
communication of thoughts and opinions is
one of the invaluable rights of man; and
every citizen may freely speak, write and
print On any subject, being responsible for
the abuse of that liberty."
In Kentucky the article is as follows ;
"That printing presses shall be free to every
person who undertakes to examine the pro-
ceedings of the General Assembly or any
branch of government, and no law shall ever
be made to restrain the right thereof. The
free communication of thoughts and opinions
is one of the invaluable rights of man, and
every citizen may freely speak, write and
print on any subject, being responsible for
the abuse of that liberty."
The next is Tennessee:
"The free communication of thoughts and
opinions is one of the invaluable rights of
man, and every citizen may freely speak,
write and print on any subject, being respon-
sible for the abuse of that liberty."
Then Ohio:
" Every citizen may freely speak, write
and publish his sentiments on all subjects,
being responsible for the abuse of the right,
and no law shall be passed to restrain or
abridge the liberty of speech or of the press."
In Indiana:
"No law shall be passed restraining the
free interchange of thought and opinion, or
restricting the right to speak, write or print
freely on any subject whatever; but for the
abuse of that right every person shall be re-
sponsible."
In Mississippi:
"Every person may freely speak, write
and publish his sentiments on all subjects,
being responsible fur the abuse of that lib-
erty."
" No law shall ever be passed to curtail or
restrain the liberty of speech or of the
press."
In Illinois.
"The printing presses shall be free to every |
person who undertakes to examine the pro-
ceedings of the General Assembly or of any
branch of government, and no law shall ever
be made to restrain the right thereof. The
free communication of thoughts and opinions
is one of the invaluable rights of man; and
every citizen may freely speak, write and
print on any subject, being responsible for
the abuse of that liberty."
In Alabama:
"Every citizen may freely speak, write
and publish his sentiments on all subjects,
being responsible for the abase of that lib-
erty."
In Missouri:
" That the free communication of thoughts
and opinions is one of the invaluable rights
of man, and that every person may freely
speak, write, and print on any subject, being
responsible for the abuse of that liberty."
The next is Florida, and that article being
about the most compendious in expression, is
the model of the article I have submitted to
the consideration of the Convention :
" That every citizen may freely speak,
write and publish his sentiments, on all sub-
jects; being responsible for the abuse of that
liberty; and no law shall ever be passed to
curtail, abridge or restrain the liberty of
speech or of the press."
There are several other Constitutions which
contain articles very similar to those I have
read. Without reading them, I will merely
refer gentlemen to the Constitutions of Ark-
ansas. Texas, Iowa, Wisconsin, California,
Minnesota, Oregon and Kansas. Twenty-
two States have deemed it of sufficient im-
portance to guard this essential, absolute
right of the citizen, by incorporating in their
bills of rights a restriction upon the Legisla-
ture to intermeddle by any curtailment or
abridgement whatever of that right.
I now desire to read a paragraph or two
from the appendix of Judge Tucker's Com-
mentaries on Blackstone, by way of showing
what is understood by those who have con-
sidered this right in connection with free
government, to be he importance of its pre-
servation from all legislative interference. I
read from page 11 of the appendix, vol. 2, of
Tucker's Blackstone:
"Liberty of speech and discussion in all
speculative matters, consists in the absolute
and uncontrollable right of speaking, writing
and publishing our opinions concerning any
subject, whether religious, philosophical or
political; and of enquiring into and exam-
ining the nature of truth, whether moral or
metaphysical; the expediency or inexpediency
of all public measures, with their tendency
and probable effect; the conduct of public
men, and generally every other subject,
without restraint, except as to the injury of
any other individual, in his person, property
or good name. Thought and speech are
equally the immediate gifts of the Creator,
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