第99章
《美国宪政历程：影响美国的25个司法大案》章节:第99章,宠文网网友提供全文无弹窗免费在线阅读。!
在和平时期，未经我们立法机关的同意，他就在我们中间驻扎常备军。他使军队独立于民政权力之外，并凌驾于民政权力之上。
他同一些人勾结，把我们置于一种与我们的体制格格不入且不为我们的法律认可的管辖之下。他还批准这些人炮制的假冒法案，来到达下述目的：在我们这里驻扎大批武装部队；用假审讯来包庇他们，使那些杀害我们各邦居民的谋杀者逍遥法外；切断我们同世界各地的贸易；未经我们同意便向我们强行征税；在许多案件中剥夺我们享有陪审团的权益；编造罪名把我们递解到海外去受审；在一个邻近地区废除英国法律的自由制度，在那里建立专横政府，并扩大它的疆界，企图使之迅即成为一个样板和得心应手的工具，以便向这里的各殖民地推行同样的专制统治；取消我们的特许状，废除我们最宝贵的法律，并且从根本上改变了我们的政府形式；中止我们自己的立法机构，宣称他们自己在任何情况下都有权为我们立法。
他宣布我们已不在他的保护之下，并向我们开战，从而放弃了这里的政权。
他在我们的海域大肆掠夺，蹂躏我们的海岸，焚烧我们的市镇，残害我们人民的生命。此时他正在运送大批外国佣兵来完成屠杀、破坏和肆虐的勾当，这种勾当早就开始，其残酷卑劣甚至在最野蛮的时代也难出其右。他完全不配做一个文明国家的元首。
他强迫在公海被他俘虏的我们公民同胞充军，反对自己的国家，成为残杀自己朋友和亲人的创子手，或是死于自己朋友和亲人的手下。
他在我们中间煽动内乱，并且竭力挑唆那些残酷无情的印第安人来杀掠我们边疆的居民。众所周知，印第安人的作战方式是不分男女老幼，一律格杀勿论。
在这些压迫的每一阶段中，我们都曾用最谦卑的言辞请求救济，但我们一再的请愿求所得到的答复却是一再的伤害。这样一个君主，在其品格已打上了可以看作是暴君行为的烙印时，便不配做自由人民的统治者。
我们不是没有顾念我们英国的弟兄。我们一再警告过他们，他们的立法机关企图把无理的管辖权横加到我们的头上。我们也提醒过他们，我们移民并定居来这里的状况。我们曾经呼唤他们天生的正义感和侠肝义胆，我们恳切陈词，请他们念在同文同种的份上，弃绝这些必然会破坏我们彼此关系和往来的无理掠夺。对于这种来自正义和基于血缘的呼声，他们却也同样置若罔闻。迫不得已，我们不得不宣布和他们分离。我们会以对待其他民族一样的态度对待他们：战时是仇敌，平时是朋友。
因此，我们，集合在大陆会议下的美利坚联合邦的代表，为我们各项正当意图，吁请全世界最崇高的正义：以各殖民地善良人民的名义并经他们授权，我们极为庄严地宣布，这些联合一致的殖民地从此成为而且是名正言顺地成为自由和独立的国家；它们解除效忠英国王室的一切义务，它们和大不列颠国家之间的一切政治关系从此全部断绝，而且必须断绝；作为自由独立的国家，它们完全有权宣战、媾和、结盟、通商和采取独立国家理应采取和处理的一切行动和事宜。
为了强化这篇宣言，我们怀着深信神明保佑的信念，谨以我们的生命、财富和神圣的荣誉，相互保证，共同宣誓。
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（任东来按：受李道揆教授文章[李道揆：“美国《独立宣言》中文本译文的问题及改进建议”，《美国研究》，2001年第2期]的提示，结合自己目前进行的研究，笔者不揣冒昧，在《美国历史文献选集》的译文[中国翻译出版公司翻译，美国驻华大使馆新闻文化处出版，1985年]和《1765——1917年的美国》的译文[谢德风等选译，北京三联书店，1957年]基础上，试着重译《独立宣言》。现拿出来，供各位学者专家批评指正。 ）
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美国《独立宣言》英文原文
THE DECLARATION OF INDEPENDENCE
July 4, 1776
In Congress, July 4, 1776,
THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA
When in the Course of human events, it becomes necessary for one people
to dissolve the political bands which have connected them with another,
and to assume among the Powers of the earth, the separate and equal
station to which the Laws of Nature and of Nature's God entitle them, a
decent respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty, and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men,
deriving their just powers from the consent of the governed.
That whenever any Form of Government becomes destructive of these ends,
it is the Right of the People to alter or to abolish it, and to institute
new Government, laying its foundation on such principles and organizing
its powers in such form, as to the m shall seem most likely to effect
their Safety and Happiness. Prudence, indeed, will dictate that
Governments long established should not be changed for light and transient
causes; and accordingly all experience hath shown, that mankind are more
disposed to suffer, while evils are sufferable, than to right themselves
by abolishing the forms to which they are accustomed. But when a long
train of abuses and usurpations, pursuing invariably the same Object,
evinces a design to reduce them under absolute Des potism, it is their
right, it is their duty, to throw off such Government, and to provide new
Guards for their future security.
Such has been the patient sufferance of these Colonies; and such is now
the necessity which constrains them to alter their former Systems of
Government. The history of the present King of Great Britain is a history
of repeated injuries and usurpations, all having in direct object the
establishment of an absolute Tyranny over these States. To prove this, let
Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for
the public good.
He has forbidden his Governors to pass Laws of immediate and pressing
importance, unless suspended in their operation till his Assent should be
obtained; and when so suspended, he has utterly neglected to attend to
them.
He has refused to pass other Laws for the accommodation of large
districts of people, unless those people would relinquish the right of
Representation in the Legislature, a right inestimable to them and
formidable to tyrants only.
He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their public Records,
for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with
manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others
to be elected; whereby the Legislative powers, incapable of Annihilation,
have returned to the People at large for their exercise; the State
remaining in the mean time exposed to all the dangers of invasion from
without, and convulsions within.
He has endeavoured to prevent the population of these States; for that
purpose obstructing the Laws of Naturalization of Foreigners; refusing to
pass others to encourage their migrations hither, and raising the
conditions of new Appropriations of Lands .
He has obstructed the Administration of Justice, by refusing his Assent
to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their
offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of
Officers to harass our People, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the
Consent of our legislatures.
He has affected to render the Military independent of and superior to
the Civil power.
He has combined with others to subject us to a jurisdiction foreign to
our constitution, and unacknowledged by our laws; giving his Assent to
their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from Punishment for any Murders
which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring
Province, establishing therein an Arbitrary government, and enlarging its
Boundaries so as to render it at once an example and fit instrument for
introducing the same absolute rule into t hese Colonies:
For taking away our Charters, abolishing our most valuable Laws, and
altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested
with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection
and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and
destroyed the Lives of our people.
He is at this time transporting large armies of foreign mercenaries to
compleat the works of death, desolation and tyranny, already begun with
circumstances of Cruelty & perfidy scarcely paralleled in the most
> barbarous ages, and totally unworthy the H ead of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to
bear Arms against their Country, to become the executioners of their
friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to
bring on the inhabitants of our frontiers, the merciless Indian Savages,
whose known rule of warfare, is an undistinguished destruction of all
ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in
the most humble terms: Our repeated Petitions have been answered only by
repeated injury. A Prince, whose character is thus marked by every act
which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attention to our British brethren. We have
warned them from time to time of attempts by their legislature to extend
an unwarrantable jurisdiction over us. We have reminded them of the
circumstances of our emigration and sett lement here. We have appealed to
their native justice and magnanimity, and we have conjured them by the
ties of our common kindred to disavow these usurpations, which would
inevitably interrupt our connections and correspondence. They too have
been deaf t o the voice of justice and of consanguinity. We must,
therefore, acquiesce in the necessity, which denounces our Separation, and
hold them, as we hold the rest of mankind, Enemies in War, in Peace
Friends.
We, therefore, the Representatives of the united States of America, in
General Congress, Assembled, appealing to the Supreme Judge of the world
for the rectitude of our intentions, do, in the Name, and by Authority of
the good People of these Colonies, solemnly publish and declare, That
these United Colonies are, and of Right ought to be Free and Independent
States; that they are Absolved from all Allegiance to the British Crown,
and that all political connection between them and the State of Great Bri
tain, is and ought to be totally dissolved; and that as Free and
Independent States, they have full Power to levy War, conclude Peace,
contract Alliances, establish Commerce, and to do all other Acts and
Things which Independent States may of right do. An d for the support of
this Declaration, with a firm reliance on the Protection of Divine
Providence, we mutually pledge to each other our Lives, our Fortunes and
/> our sacred Honor.
JOHN HANCOCK, President
Attested, CHARLES THOMSON, Secretary
New Hampshire: JOSIAH BARTLETT, WILLIAM WHIPPLE, MATTHEW THORNTON
Massachusetts-Bay: SAMUEL ADAMS, JOHN ADAMS, ROBERT TREAT PAINE, ELBRIDGE
GERRY
Rhode Island: STEPHEN HOPKINS, WILLIAM ELLERY
Connecticut: ROGER SHERMAN, SAMUEL HUNTINGTON, WILLIAM WILLIAMS, OLIVER
WOLCOTT
Georgia: BUTTON GWINNETT, LYMAN HALL, GEO. WALTON
Maryland: SAMUEL CHASE, WILLIAM PACA, THOMAS STONE, CHARLES CARROLL OF
CARROLLTON
Virginia: GEORGE WYTHE, RICHARD HENRY LEE, THOMAS JEFFERSON, BENJAMIN
HARRISON, THOMAS NELSON, JR., FRANCIS LIGHTFOOT LEE, CARTER BRAXTON.
New York: WILLIAM FLOYD, PHILIP LIVINGSTON, FRANCIS LEWIS, LEWIS MORRIS
Pennsylvania: ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, JOHN
MORTON, GEORGE CLYMER, JAMES SMITH, GEORGE TAYLOR, JAMES WILSON, GEORGE
ROSS
Delaware: CAESAR RODNEY, GEORGE READ, THOMAS M'KEAN
North Carolina: WILLIAM HOOPER, JOSEPH HEWES, JOHN PENN
South Carolina: EDWARD RUTLEDGE, THOMAS HEYWARD, JR., THOMAS LYNCH, JR.,
ARTHUR MIDDLETON
New Jersey: RICHARD STOCKTON, JOHN WITHERSPOON, FRANCIS HOPKINS, JOHN
HART, ABRAHAM CLARK
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附录二
美利坚合众国宪法及修正案
美利坚合众国宪法
我们合众国人民，为建立一个更完善的联邦，树立正义，保障国内安宁，规划共同防务，促进公共福利，并使我们自己和后代得享自由之赐福，特为美利坚合众国制定和确立本宪法。