by the Stuarts, which sought to limit and restrict
it, and even to make any meeting of more than twelve
men a riotous and criminal assembly. Indeed,
the history of the attempt of the authorities to prevent
riotous assemblies quasi-political runs all the way
from Jack Cade’s Rebellion in 1452 to the Philadelphia
street railway strike in 1910. By an Act of 1549
unlawful assemblies of twelve “to alter laws
or abate prices” were made unlawful—one
of the reasons that gave rise to the English notion
that a simple strike was criminal. This, however,
has nothing to do with the political right of assembly
which, fully recognized by the Massachusetts Body
of Liberties in 1641, was not definitely established
in England until the Bill of Rights of 1689.
Now this principle is cardinal, and so far as I know
none of the States have legislated upon the subject,
unless the limitation of the injunction writ be such
legislation. A statute of Henry VII gave special
authority to the Court of Star Chamber over riots;
which is precisely the power now objected to by labor
leaders when exercised by courts of chancery.
But it must be noted that this right of assembly only
extends to matters political, and does not cover a
meeting held for an end ordinarily unlawful, such
as to bring about a riot or to work oppression to
others or an injury to the public.
The right of election, however, is much older in England.
We find statutes concerning the right of free election,
that is, of allowing electors to vote without interference
or control, as early as 1275. It is for this
reason that almost from the origin of the House of
Commons it has been unlawful, or at least uncustomary,
for peers of the realm to even speak pending elections
to the House of Commons. That House also vindicated
its right to judge of elections against Elizabeth,
and the principle that it alone shall be the judge
remains in full force in the United States, though
in modern times in England given to the courts.
There is no constitutional principle in England as
to the right of suffrage, which in early times was
shared in by all free men, or at least landholders.
It was in 1429 limited to the forty shillings freeholders,
which law has been relaxed by degrees ever since.
Our early constitutions recognized both property and
educational limitations; these were all done away
with at one time, except in Massachusetts and Rhode
Island, the former retaining an educational, the latter
a property, qualification. They have now been
abolished in those States, but taken up in the South,
for the purpose, of course, of disfranchising the
negro vote.