The Labor enquirer., 1886-10-02
RIGHT TO ASSEMBLE.
CiOneludpd from first. paSe

RIGHT 10 ASSEMBLE.
Concluded from first page
But to complete the atrocitv of this
affair on the part of the officers engaged
in it, when the people FASTENED to make
their escape from the assembly room.
they found policemen stationed ON
either side of the stairway leading from,
the hall down to the street, who applied
their clubs to them as they passed,
seemingly with all the violence practi
cable under the circumstances. These
general facts were established by an
overwhelming mass of testimony, and,
for the purposes of the questions in the
case, it is needless to 60 further into de-
tail.
For the purpose of bringing the whole
matter before the court, the defendants
were permitted to give evidence tending
to show that there were riots in other
parts of the city, and that about the
time of this meeting being broken up, or
soon thereafter there was apparently a
large one at the Hasted street viaduct,
at which one man was kiled-by whom
was not shown.
When the evidence was closed, the
counsel for the plaintiff stat, that their
sole object in bringing the suit was to
have the question determined whether
the people comprising the meeting in
question had a constitutional and lawful
right to peaceably assemble for the pur-
pose for which they we're assembled, and
whether or not it Is lawful for the police
force of Chicago, or anybody else, to for
chilly invade the meeting and break 1t
up. That this might be understood as
their position, they expressly waived
all claims for damages except nominal.
The chief political right of the citizen
in our government, based upon the pop
ular will as regulated by law. is the right
of suffrage; but to that right two others
are auxiliary and of almost equal i'm
portance; Q.) The right of free speech
and of a free press. (2) The right of
the people to assemble in peaceable
manner to consult for the common
good.
These are among the fundamental
princi Piles of government and guaran-
teed by our constitution. Section H.
article 2, of the bill of rights declares :
"The people have the right to assemble
in peaceable manner to consult for the
common good, to make known their
and to apply for a redress of grieV-
ances."
Jurists do not regard these declara-
tions of the bill of rights az creating or
comforting the rights, but as guarantees
against their deprivation or infringe
ment by any of the powers or agencies
of the government. The rights them,
selves are regarded as the natural in
allenable rights belonging to every in
dividual, or a political and based upon
o arising from principles inherent IN
the very nature of a system of free gov.
eminent. The constitutional guar n
tees are protection against invasion by
the legisl ative or any other of the gov
ernment. But for an invasion of either
natural or political rights to the injury
of the individual, it is to the common
law we look for the remedy. The
maxim is, "Ubi jus ibi remedium."
There is no wrong without remedy.
If man has right, he must, as OBJ
served by Chief Justice Holt, in Ashby
vs.. White, 2 Load Raym, 95S, have a
means to vindicate and maintain it, and
a remedy if he is injured in the ex-
ercise and enjoyment of it; and, indeed,
it is vain thing to imagine a right
without a remedy, for want of right and
want of remedy are reciprocal.
The right of the people to assemble in
a peaceable manner to consult for the
common good, being a constitutional
right, it can be exercised and enjoyed
within the scope and spirit of that con-
stitution, independent OF every other
power of the State government,
1t cannot be successfully maintained
that, under our institutions. the inter
ests of the laboring classes do not con-
cern the public good. We have had
legislation in this state upon the very
subiect-matter, in part for the considera-
tion of which the meeting in question
was assembled. Those laws are re-
garded as public laws, because they con-
Germ the common good.
The right 10 assemble IN peaceful
manner being clear, the manner being