New York’s Trespass Act of 1783 offered relief for Patriots who had fled New York City during the time of the Revolutionary “by permitting them to recover damages from persons who had occupied or used their premises during the war.” Common law had typically required ”that actions for trespass must be tried where the property was located, but the act allowed Patriots to sue in any court where the defendant could be found.” It also denied the laws of war by prohibiting the accused of arguing that they had been acting “under orders of the occupying British army, and the act also prohibited the defendants from appealing to a higher court.” (Citations from Forrest McDonald, Novus Ordo Seclorum.)
The New York Trespass Act was but one of many factors that led to the creation of the written United States Constitution. Under the Articles of Confederation government, the states had almost unlimited authority to pass any laws they pleased. The only check on the state governments were the citizens of the several states. Unfortunately, the people themselves were often the impetus behind the enactment of unjust laws.
There seems an odd attraction towards Chinese-style authoritarianism among certain more technocratic/elitist segments of the left-leaning political elite. On the one hand we have we have people like Thomas Friedman arguing that Chinese one-party-autocracy is more efficient in passing the sort of regulations (“green” energy and nationalized health care) that he cares most about. On the other, we have Harold Meyerson’s claim that China is doing a better job of providing clean political process and economic recovery than the US, and that if Republicans don’t get in line behind Obama’s agenda the rest of the world will resolve to follow China’s autocratic example rather than American-style democracy.
Alexis de Tocqueville, Democracy in America, Volume Two, Part Four, Chapter Six: What Kind of Despotism Democratic Nations Have to Fear:
I see an innumerable crowd of like and equal men who revolve on themselves without repose, procuring the small and vulgar pleasures with which they fill their souls. Each of them, withdrawn and apart, is like a stranger to the destiny of all the others: his children and his particular friends form the whole human species for him; as for dwelling with his fellow citizens, he is beside them, but he does not see them; he touches them and does not feel them; he exists only in himself and for himself alone, and if a family still remains for him, one can at least say that he no longer has a native country.