provision would seem to be founded in justice. In the state of Vermont,
and perhaps in a few other states, if the party prosecuted proves the
truth of his statement in any case, he is acquitted.
Sec.12. The right of _personal liberty_ is secured by express provision of
the national constitution, which guaranties to every citizen "the
privilege of the writ of _habeas corpus_." (Cons. U.S. art. 1, sec. 9.)
The nature of this writ has been explained. (Chap. XXXVI, Sec.4.) The same
provision has been inserted in the state constitutions. This was a
common law privilege, independently of any constitutional enactment. The
principal object of the provision seems to be to take from congress and
the state legislatures the power to abolish this privilege, or even to
suspend it for any time, or in any case, except the particular cases
mentioned.
Sec.13. Freedom of religious opinion and worship, or liberty of
conscience, is a valuable personal right, included in the term, personal
liberty, and is effectually secured in this country. In England, the
country of our ancestors, there is a church established and supported by
the government. This is sometimes called "union of church and state."
The American people, from their love of religious freedom, have, in
their constitutions, expressly prohibited congress from making laws
"respecting the establishment of religion, or prohibiting the free
exercise thereof." (Amend. art. 1.) And the state constitutions have
adopted similar provisions.
Sec.14. Another important personal right comprehended in the term personal
liberty, and guarantied in the same article of the national
constitution, and in the state constitutions, is the liberty of speech
and of the press. Some of the monarchical governments of Europe
prohibited the people from speaking against the sovereign or his
government. Books and papers could not be published until they had been
examined and approved. The persons authorized to examine the
manuscripts, were called _censors_. Hence the expression sometimes
heard, "censorship of the press." To secure the liberty of speaking and
publishing their sentiments freely up on all subjects, the people of
this country have made express provision in their constitutions; which,
however, while they properly guaranty this right, leave men "responsible
for its abuse," and liable to prosecution for slander or libel. (Sec.7, 8.)
Sec.15. The _right of property_ is the right to acquire proper
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