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 be 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."
And right here there is another thing I want to call your attention to. There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his selfrespect, and there is but one way to do that, and that is to live in accordance with your highest ideal.
There is a law higher than men can make. The facts as they exist in this poor world--the absolute consequences of certain acts--they are above all. And this higher law is the breath of progress, the very outstretched wings of civilization, under which we enjoy the freedom we have. Keep that in your minds. There never was a legislature great enough--there never was a constitution sacred enough, to compel a civilized man to stand between a black man and his liberty. There never was a constitution great enough to make me stand between any human being and his right to express his honest thoughts. Such a constitution is an insult to the human soul, and I would care no more for it than I would for the growl of a wild beast. But we are not driven to that necessity here. This constitution is in accord with the highest and noblest aspirations of the heart--"No law shall be passed to restrain or abridge the liberty of speech."