第8章 独立宣言
The Declaration of Independence
托马斯·杰弗逊/Thomas Jefferson
托马斯·杰弗逊(1743—1826),为美利坚合众国第三任总统,美国《独立宣言》主要起草人,及美国开国元勋中最具影响力的人之一。做过律师,当过议员,是民主力量的重要推动者。任期内以极低的价格向法国购买了路易斯安娜,将美国领土扩大了两倍。
人类发展过程中,一个民族在必须解除同另一个民族的联系,并按照自然法则和上帝的旨意,以独立平等的身份立于世界列国之林时,出于对人类舆论的尊重,他有必要把他们独立的原因予以公布。
我们认为下述真理是不证自明的:所有的人生而平等,这是造物主赋予人类的不可剥夺的权利,其中包括生存权、自由权和追求幸福的权利。正是为了保障这些权利,人们才建立了政府,而政府的正当权利,则是经被统治者同意授予的。任何形式的政府,一旦破坏了这些目标,人民就有权利去改变或废除它,并且以这样一种形式再建立一个新的政府,新政府建立所依据的原则及其组织权力的方式务必使人民相信:唯有这样才能够获得安全和幸福。
的确,谨慎的考虑告知我们,一个成立已久的政府是不应由于无关紧要和暂时的原因而予以更换的。而且过去的所有经验也说明了,人类更倾向于忍受尚能忍受的苦难,只要尚能忍受,人们就宁可选择忍受,而不愿去废除他们业已习惯的政府形式。
但是,当滥用职权和巧取豪夺的行为接连不断、层出不穷,且有证据证明政府的目标是企图把人民置于专制主义统治之下时,人民就有权利,也有义务推翻这样的政府,并为自己未来的安全建立新的保障,这就是这些殖民地的人民一向忍受苦难,以及现在不得不起来改变原先政治制度的原因。
当今大不列颠国王(乔治三世)的统治历史,就是一部反复重演的巧取豪夺的历史。所有这些行径的唯一目的,就是要在各州之上建立一个独裁暴政。为证明这一点,就让以下的事实公诸全世界,让公正的世人做出评判。
他拒绝批准那些对公众利益最有益、最必要的法律。
他禁止他的总督们批准那些刻不容缓、极其重要的法律,要不就让他们先行搁置这些法律直至征得他的同意,而这些法律被搁置后,他又对这些法律完全置之不理。
他拒绝批准方便大地区人民的其他法律,除非这些地区的人民情愿放弃自己在立法机构中的代表权;而代表权对人民来说是无比珍贵的,只有暴君才会畏惧它。
他把各州立法团体召集到特别的、极不方便的、远离政府档案库的地方去开会,其唯一目的就是使他们疲于奔命,不得不屈从他的旨意。
他一再解散议会,只因为议会坚决反对他侵犯人民的权利。
他在解散众议院之后,又长期不让人民另选新的议会;于是这项不可剥夺的立法权便由普通民众任意行使,致使在此期间各州始终处在内乱外患的危险之中。
他竭力抑制各州的人口增长,为达到这一目的,他为《外国人归化法》设置障碍,拒绝批准其他鼓励移民的法律,并提高了重新分配土地的条件。
他拒绝批准建立司法权力的法律,以阻挠司法机构的设置。
他迫使法官为了保住任期、薪金的数额而不得不委身于他个人意志的支配之下。
他滥设新职位,委派大批官员到这里侵扰我们的人民,吞噬我们的财物。
他未经立法机关的同意,在和平时期就把常备军驻扎在我们各州。
他力图使军队独立于政权,并凌驾于政权之上。
他与某些人相互勾结,把我们置于一种既不符合法规也未经法律承认的管辖之下,并批准他们自诩的法案,目的是:
任其在我们这里驻扎大批武装部队;
不论这些人对我们各州居民犯下何等严重的谋杀罪,审判只是虚晃一枪,结果总让他们逍遥法外;
切断我们与世界各地的贸易;
未经我们同意便向我们强行征税;
在许多案件中剥夺我们的陪审权力;
以莫须有的罪名押送我们去海外受审;
在邻近的地区废除保障自由的英国法律体制,建立专制政权,并扩大其疆域,使其立即成为一个样板和合适的工具,进而把同样的专制统治引向我们这些殖民地;
取消我们的宪章,废除我们最珍贵的法律并彻底改变我们各州政府的形式;
解散我们的议会,并宣称他们拥有代表我们的所有立法权。
他放弃设在这里的政府,宣称我们已不属他们保护之列,并向我们发动战争。
他掠夺我们的领海,蹂躏我们的海岸,焚烧我们的城市,屠杀我们的人民。
他此时正在运送大批外国雇佣兵,来从事其制造死亡、荒凉和暴政的勾当,从一开始,其残忍与卑劣就连最野蛮的时代也难以与之相比,他已完全不配当一个文明国家的元首。
他强迫在公海被他们俘虏的同胞拿起武器反对自己的国家,使他们成为残杀自己亲友的刽子手,或使他们死于自己亲友的手下。
在遭受这些压迫的每一阶段,我们都曾以最谦卑的言辞请求他对此予以纠正;而我们一次又一次请愿所得到的答复都是相同的,我们得到的是一次又一次的伤害。一个君主,当他的每个行为都已打上暴君的烙印时,他已不配做自由人民的统治者。
我们也并未对我们大不列颠弟兄不予关照。
我们一再提醒他们,他们的立法机构企图把不合理的管辖权横加到我们头上。
我们也曾将此地移民和定居的种种实情告诉他们。
我们诉求于他们天赋的正义之心和宽宏之念,恳请他们念及同种同宗的情谊,抵制那些掠夺行为以免影响我们之间的联系和友谊。
但是,他们对这种正义的、血肉之亲的呼吁置若罔闻。因此,我们只能无视他们对我们脱离出来的痛斥,并且以对待世界上其他民族的态度对待他们:和我们作战的即是敌人,和我们和平相处的即是朋友。
因此,我们,集合在议会中的美利坚合众国的代表们,以这些殖民地的善良人民的名义,并经他们授权,向全世界最崇高的正义人士呼吁,说明我们的严正意向,同时庄严宣布:我们这些联合起来的殖民地现在是——而且按公理也应该是——独立自由的国家;我们效忠英国王室的全部义务将被免除,我们与大不列颠王国之间的一切政治联系也将全部,而且必须断绝。作为一个独立自由的国家,我们完全有权宣战、讲和、结盟、通商和采取所有独立国家有权采取的一切行动。
为了拥护此项宣言,我们怀着神明保佑的坚定信心,以我们的生命、财产以及我们神圣的荣誉,互相宣誓。
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 toalter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them 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 shewn, 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 Despotism, 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 (George III) 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 tillhis 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 meantime exposed to all the dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States;for that purpose obstructing the Laws for 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 t o render it at once an example and fit instrument for introducing the same absolute rule into these 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 governmen the reby 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 complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head 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.
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 attentions 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 settlement here.
We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred todisavow these usurpations, which would inevitably interrupt our connections and correspondence.
They too have been deaf to 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 the 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 Britain 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.
And 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.