《论美国的民主·卷一·第十五章下·多数暴政对思想的压迫》第11节
Mr. Hamilton expresses the same opinion in the “Federalist,” No. 51. “It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Justice is the end of government. It is the end of civil society. It ever has been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit. In a society, under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger: and as in the latter state even the stronger individuals are prompted by the uncertainty of their condition to submit to a government which may protect the weak as well as themselves, so in the former state will the more powerful factions be gradually induced by a like motive to wish for a government which will protect all parties, the weaker as well as the more powerful. It can be little doubted that, if the State of Rhode Island was separated from the Confederacy and left to itself, the insecurity of right under the popular form of government within such narrow limits would be displayed by such reiterated oppressions of the factious majorities, that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it.” Jefferson has also thus expressed himself in a letter to Madison: “The executive power in our Government is not the only, perhaps not even the principal, object of my solicitude. The tyranny of the Legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period.” I am glad to cite the opinion of Jefferson upon this subject rather than that of another, because I consider him to be the most powerful advocate democracy has ever sent forth.
注释摘要
托克维尔在这一章的末尾,引用汉密尔顿和杰斐逊的话,是为了给他的核心判断找到一个来自美国建国者自身的权威佐证。他刚刚花了大量篇幅论证,美国民主的真正危险不在于软弱,而在于多数拥有压倒一切的力量,且法律上缺少可靠的护栏。现在他让两位美国共和国的奠基人站出来替他说话,等于在告诉读者:连亲手设计这个制度、并且真心拥护民主的人都看到了同样的隐患,这绝非一个法国贵族外…