government and by the general principles of the Common Law protecting the inalienable rights of life, liberty and property. * * * The necessities which gave birth to the Constitution, the controversies which preceded its formation, and the conflicts of opinion which were settled by its adoption, may properly be taken into view for the purpose of tracing to its source any particular provision of the Constitution, in order thereby to be enabled to correctly interpret its meaning." See also: Pollock vs. Farmers Loan and Trust Co.,[1] The Knight case,[2] The Standard Oil case,[3] The Craig case,[4] and Rhode Island case.[5]
It will be remembered that, as will be shown in detail later, an unremitting struggle had been going on, at least from the time of Magna Charta, between the English people, on the one hand, and the Trade Association, known as "Guilds," and, finally, the Crown asserting a prerogative, to determine whether trade should be carried on, and prices fixed in a free competitive market, or whether this liberty to trade should or could be controlled by monopolistic price fixing and control either by combinations of men or the Government itself; and that by the Statute of James I[6] the victory was definitely determined in favor of the people, and that which they had always contended was essential to their freedom.
- ↑ Pollock vs. The Farmers' Loan & Trust Company, 157 U.S. 429 (see page 558). 1895.
- ↑ United States vs. Knight, 156 U.S. 1. 1895.
- ↑ Standard Oil Company of New Jersey vs. United States, 221 U. S. 1. 1911.
- ↑ Craig vs. Missouri, 4 Peters 409. 1830.
- ↑ Rhode Island vs. Massachusetts, 12 Peters 657. 1838.
- ↑ The Statute of 21 James I C. 3 (Statute of Monopolies) demolished all existing monopolies, with the exceptions of grants of privileges under Acts of Parliament, patents, printing, etc. It abolished monopolies owned or controlled by the Crown.
