《论美国的民主·卷一·第十二章·合众国的政治结社》第3节
The more we consider the independence of the press in its principal consequences, the more are we convinced that it is the chief and, so to speak, the constitutive element of freedom in the modern world. A nation which is determined to remain free is therefore right in demanding the unrestrained exercise of this independence. But the unrestrained liberty of political association cannot be entirely assimilated to the liberty of the press. The one is at the same time less necessary and more dangerous than the other. A nation may confine it within certain limits without forfeiting any part of its self-control; and it may sometimes be obliged to do so in order to maintain its own authority. In America the liberty of association for political purposes is unbounded. An example will show in the clearest light to what an extent this privilege is tolerated. The question of the tariff, or of free trade, produced a great manifestation of party feeling in America; the tariff was not only a subject of debate as a matter of opinion, but it exercised a favorable or a prejudicial influence upon several very powerful interests of the States. The North attributed a great portion of its prosperity, and the South all its sufferings, to this system; insomuch that for a long time the tariff was the sole source of the political animosities which agitated the Union. In 1831, when the dispute was raging with the utmost virulence, a private citizen of Massachusetts proposed to all the enemies of the tariff, by means of the public prints, to send delegates to Philadelphia in order to consult together upon the means which were most fitted to promote freedom of trade. This proposal circulated in a few days from Maine to New Orleans by the power of the printing-press: the opponents of the tariff adopted it with enthusiasm; meetings were formed on all sides, and delegates were named. The majority of these individuals were well known, and some of them had earned a considerable degree of celebrity. South Carolina alone, which afterwards took up arms in the same cause, sent sixty-three delegates. On October 1, 1831, this assembly, which according to the American custom had taken the name of a Convention, met at Philadelphia; it consisted of more than two hundred members. Its debates were public, and they at once assumed a legislative character; the extent of the powers of Congress, the theories of free trade, and the different clauses of the tariff, were discussed in turn. At the end of ten days’ deliberation the Convention broke up, after having published an address to the American people, in which it declared:
注释摘要
托克维尔在这里做了一个关键的区分:出版自由与政治结社自由不能等量齐观。在他眼中,出版自由是现代世界自由的首要构成因素,因为它让意见得以在广阔空间里流通,既不需要密集组织,也不直接产生执行权,一个人拿起笔来发表看法,和一群人集会并委派代表形成一个有纪律的团体,是性质全然不同的两回事。政治结社则从纯粹的智识纽带,经由集会权,一直可以发展到在民族内部建立一个类似…