Commercial Freedom Quotes
This quotation illustrates two important points. First, that foreign and domestic trade and merchants were very much appreciated at the time and an important component of society that there were special protections for traders and merchants. Second, was the national preemption of jurisdiction and control over business and commerce that would enter and leave the city. On most matters the local authorities would handle things, but intercity and international commerce was historically continuously impaired by individual nobles and other authorities making rules affecting merchants who might come to their town or city. The Crown preempted this authority in the 13th century and the “Commerce Clause” of our Constitution was not an unusual concept and had an extensive legal and economic history.
The Elkins Act was a cornerstone of Roosevelt’s “Square Deal” program. It authorized the Interstate Commerce Commission (ICC) to impose heavy fines on railroads that offered rebates, and upon the shippers that accepted these rebates. The large corporations and monopolies would get rebates from the railroads and thus pay far less than their smaller competitors to ship their goods. It drove thousands of small companies out of business. This was a basic part of American law until the deregulation of the latter part of the 20th century. So what had been illegal, unethical, and immoral for almost a century, became legal, ethical and moral, but again discriminated against small companies.
