I. We note here the phrase “common right shall
be done to rich and poor,” rather an interesting
landmark; it shows what progress was being made by
the people in establishing their rights as freemen
and to equal laws. For the laws of Norman England
mainly applied to land-owners, and were made by the
barons, the only people that had property; there was
but a small class in those early days between the land-owners
and actual serfs, villeins, who were practically attached
to the soil, in a condition almost of servitude; they
did service, were not paid wages, and couldn’t
leave the place where they were born—and
both these are tests of slavery. But in the first
two centuries after the Conquest the number of freemen
very rapidly increased; men who were not property
owners, not land-owners, but still freemen. Especially
it increased in the towns, for the towns very early
established their right to be free, far earlier than
the country. It was very early established that
the citizens of any town, that is, the members of
the guild of the town, duly admitted to the guild,
were freemen, and probably before this statute.
But this is interesting as a recognition of the fact
that there were free poor people—people
without property, who nevertheless were neither villeins
nor serfs—and that they were entitled to
equality before the law, just as we are to-day, as
early as 1275. Otherwise, the Statute of Westminster
concerns mainly the criminal law. There is one
very important provision—because it has
been historically followed from then down to now—that
there shall be no disturbance of the elections.
Elections shall be free and unimpeded, uncontrolled
by any power, either by the crown, or Parliament,
or any trespasser. That has been a great principle
of English freedom ever since, and passed into our
unwritten constitution over here, and of course has
been re-enacted in many of our laws. That is
the feeling which lay behind those statutes which we
enacted after our slaves were freed, for the making
of elections free in the South; for protecting negroes
in the act of voting and preventing interference with
them by the Ku Klux Klan. The Democratic party
strongly objected and objects still to such legislation
on the part of the government, on the ground that
the right of regulating elections belongs to the States
and not to the Federal government; which, constitutionally
speaking, before the Fifteenth Amendment at least,
was true. They do not, of course, deny this great
old English principle that elections must be free
and must not be intimidated or controlled by anybody;
but, they say, we left the machinery of the elections
in the hands of the States when we adopted the Federal
Constitution; and although at our State elections some
of the officers elected are Federal officers—as,
for instance, the President of the United States,
or rather the presidential electors, and members of
Congress—nevertheless, when we adopted the
Federal Constitution, the founders chose to rely for