It is therefore chimerical to suppose that the spirit of association, when it is repressed on some one point, will nevertheless display the same vigour on all others; and that if men be allowed to prosecute certain undertakings in common, that is quite enough for them eagerly to set about them. When the members of a community are allowed and accustomed to combine for all purposes, they will combine as readily for the lesser as for the more important ones; but if they are only allowed to combine for small affairs, they will be neither inclined nor able to effect it. It is in vain that you will leave them entirely free to prosecute their business on joint-stock account: they will hardly care to avail themselves of the rights you have granted to them; and, after having exhausted your strength in vain efforts to put down prohibited associations, you will be surprised that you cannot persuade men to form the associations you encourage.
I do not say that there can be no civil associations in a country where political association is prohibited ; for men can never live in society without embarking in some common undertakings: but I maintain that in such a country civil associations will always be few in number, feebly planned, unskilfully managed, that they will never form any vast designs, or that they will fail in the execution of them.
punish infringements of that law, the evil is far less considerable. Then every citizen knows beforehand pretty nearly what he has to expect. He judges himself before he is judged by the law, and, abstaining from prohibited associations, he embarks in those which are legally sanctioned. It is by these restrictions that all free nations have always admitted that the right of association might be limited. But if the legislature should invest a man with a power of ascertaining beforehand which associations are dangerous and which are useful, and should authorize him to destroy all associations in the bud or to allow them to be formed, as nobody would be able to foresee in what cases associations might be established and in what cases they would be put down, the spirit of association would be entirely paralysed. The former of these laws would only assail certain associations; the latter would apply to society itself, and inflict an injury upon it. I can conceive that a regular government may have recourse to the former, but I do not concede that any government has the right of enacting the latter.
