_Attorney-General Stewart_: If the Court please, in this
case, as Mr. Darrow stated, the defense is going to insist on
introducing scientists and Bible students to give their ideas
on certain views of this law, and that, I am frank to state,
will be resisted by the state as vigorously as we know how to
resist it. We have had a conference or two about the matter,
and we think that it isn’t competent evidence; that is, it is
not competent to bring into this case scientists who testify as
to what the theory of evolution is or interpret the Bible or
anything of that sort.
THE DEFENSE
_Mr. Neal_: The defendant moves the court to quash the
indictment in this case for the following reasons: In
that it violates Sec. 12, Art. XI, of the Constitution of
Tennessee: “It shall be the duty of the general assembly in
all future periods of the government to cherish literature
and science....” I want to say that our main contention after
all, may it please your honor, is that this is not a proper
thing for any legislature, the legislature of Tennessee or
the legislature of the United States, to attempt to make and
assign a rule in regard to. In this law there is an attempt to
pronounce a judgment and a conclusion in the realm of science
and in the realm of religion.
THE PROSECUTION
_Mr. McKenzie_: Under the law you cannot teach in the common
schools the Bible. Why should it be improper to provide that
you cannot teach this other theory?
THE DEFENSE
_Mr. Darrow_: Can a legislative body say, “You cannot read
a book or take a lesson or make a talk on science until you
first find out whether you are saying against Genesis”? It can
unless that constitutional provision protects me. It can. Can
it say to the astronomer, you cannot turn your telescope upon
the infinite planets and suns and stars that fill space, lest
you find that the earth is not the center of the universe and
that there is not any firmament between us and the heaven? Can
it? It could—except for the work of Thomas Jefferson, which
has been woven into every state constitution in the Union, and
has stayed there like a flaming sword to protect the rights of
man against ignorance and bigotry, and when it is permitted to
overwhelm them then we are taken in a sea of blood and ruin
that all the miseries and tortures and carrion of the middle
ages would be as nothing.... If today you can take a thing
like evolution and make it a crime to teach it in the public
schools, tomorrow you can make it a crime to teach it in the
private schools, and the next year you can make it a crime to
teach it to the hustings or in the church. At the next session
you may ban books and the newspapers.
Public-domain text, read in full here on John Shaqi.
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