freedom of speech. Speech is a
declaration of thought. A vote is the expression of the will,
preference, or choice. Suffrage is one definition of the word,
while the verb is defined, to choose by suffrage, to elect, to
express or signify the mind, will, or preference, either _viva
voce_, or by ballot. We claim then that the right to vote, or
express one's wish at the polls, is embraced in the spirit, if
not the letter, of the First Amendment, and every citizen is
entitled to the protection it affords. It is the merest mockery
to say to this plaintiff, you may write, print, publish, or
speak your thoughts upon every occasion, except at the polls.
There your lips shall be sealed. It is impossible that this can
be American law!

Again, it is the opinion of some that suffrage is somehow lodged
in the government, whence it is dispensed, or conferred upon the
citizen, thus completely reversing the actual fact. Suffrage is
never conferred by government upon the citizen. He holds it by a
higher title. In this country government is the source of power,
not of rights. These are vested in the individual--are personal
and inalienable. Society can only acquire the authority to
regulate these rights, or declare them forfeited, for cause. The
time, place, and manner of their exercise are under governmental
control, but their origin and source are in the individual
himself.

I shall, therefore, says a writer on government, assume it
as an incontrovertible position, as a first principle, that
the right of private opinion, which is, in fact, no other
than the right of private judgment upon any subject
presented to the mind, is a sacred right, with which society
can, on no pretense, authoritatively interfere, without a
violation of the first principles of the law of nature.
(Chipman on Government, chap. 5.)

Other liberties, says Erskine, are held under governments,
but the liberty of opinion keeps governments themselves in
due subjection to their duties. (Speech in defense of Thomas
Paine.)

But this clause of the Missouri law further violates the XIII.
Amendment, which declares that neither slavery nor involuntary
servitude shall exist in the United States, except for crime,
etc.