follows: "That if two or more persons
shall band or conspire together, or go in disguise upon the public
highway, or upon the premises of another, with intent to violate any
provision of this act, or to injure, oppress, threaten, or intimidate
any citizen, with intent to prevent or hinder his free exercise and
enjoyment of any right or privilege granted or secured to him by the
Constitution or laws of the United States, or because of his having
exercised the same, such persons shall be held guilty of felony, etc."
The indictments charged the defendants with having deprived certain
citizens of their right to assemble together peaceably with other
citizens "for a peaceful and lawful purpose." The court held that this
language was insufficient inasmuch as it did not specify that the
attempted assembly was for a purpose connected with the National
Government. As to the right of assembly the Court, speaking by Chief
Justice Waite, went on to declare: "The right of the people peaceably to
assemble for the purpose of petitioning Congress for a redress of
grievances, or for anything else connected with the powers or the duties
of the National Government, is an attribute of national citizenship,
and, as such, under the protection of, and guaranteed by, the United
States. The very idea of a government, republican in form, implies a
right on the part of its citizens to meet peaceably for consultation in
respect to public affairs and to petition for a redress of grievances.
If it had been alleged in these counts that the object of the defendants
was to prevent a meeting for such a purpose, the case would have been
within the statute, and within the scope of the sovereignty of the
United States. Such, however, is not the case. The offence, as stated in
the indictment, will be made out, if it be shown that the object of the
conspiracy was to prevent a meeting for any lawful purpose
whatever."[252]
HAGUE _v._ COMMITTEE OF INDUSTRIAL ORGANIZATION
In this case[253] the question at issue was the validity of a Jersey
City ordinance requiring the obtaining of a permit for a public assembly
in or upon the public streets, highways, public parks, or public
buildings of the city and authorizing the director of public safety, for
the purpose of preventing riots, disturbances, or disorderly assemblage,
to refuse to issue a permit when after investigation of all the facts
and circumstances pertinent to the application he believes it to be
p
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