美国人之自由精神

美国人之自由精神
作者：埃德蒙·伯克
1916年2月15日
译者：刘文典

本作品收录于《新青年》

　译者：Edmund Burke（1730—1797 ）者英之Dublin 人也。 幼学于其地之Trinity College。得文学士学位。初为William Hamilton之秘书。 后为宰相Rockingham 侯爵记室。 颇见亲信。 两度当选为国会议员。 历官陆军主计总监。 Warren Hastings 之七年审讯。 实彼所弹劾者也。 年六十八卒于家。 生平著作有“ Vindication of Natural Society”。“Reflections on the Revolution in France”。“Thoughts on French Affairs”。诸书行世。其在国会演说之辞皆安雅可诵。而“Conciliation with America”一篇尤为世所称。 兹所译者即斯篇之精英也。

一、 先生。（称国会议长）仆于诸君之宏识夙甚钦仰。然今日诸君醉心于此前未曾试之强权。仆不敏以为过矣。前所陈者即仆所以不敢茍同之理由也。然关于此事尚有第三事当熟思者。较之考其人口贸易尤为重要。予于治美政策之意见将决于此。即其民之心性气质是矣。

二、 爱自由者实美人卓然自异之特性也。而宝爱之情既笃。猜嫉之心随深。彼属地之民。一见有微欲以暴力阴谋。攘夺其乐生之资者。乃一变而群疑满腹。众难塞胸。不可得而制驶矣。吾英属人民自由精神之强烈。世界殆无其匹。其所由来甚坚且众。欲了解其心性及此精神之趋向。当更详论之也。

三、 第一当知属地人民乃吾英人之苗裔。英旧为崇拜自由之国。吾望其今尚尊敬之。属地人民移住之时为吾英自由精神盛旺之日。彼辈离吾人而远去之时。实挟吾人之所执持以俱往。故彼辈非仅爱自由巳也。又实本吾英人之理想主义以爱自由也。无形自由之不可跻犹其他无形物之不可睹也。故必附丽于有形物焉。各国莫不有其国之蕲向。特重视之以为人民乐利标准。吾国自古凡自由之大争点。多在征税问题。此盖诸君所知也。古代共和国则自始即在选举官吏权或社会阶级权利之平衡。至金资问题于彼等初无若是之直接影响也。

在吾英则不然。关于租税之事。文人则弄其柔翰。谈士则逞其辩才。豪杰之士。多奋其力。且尝艰苦。欲求斯点重要之美满。非仅在夸英宪法为独秀者当主张出金之特权为事实之明征。证此权利在古宪及习惯法中属之所谓众议院巳也。彼辈更进一步。竟得就众议院之特性。理论之结果。证明众议院实人民之直接代表。古载籍之有否此语。非所计也。彼辈以为凡君主国人民。于直接间接自出其金之权终必保持弗失。否则自由徒为虚语。谆谆说之。视为根本原则焉。美人与诸君同此观念亦犹与诸君同其血统也。彼辈爱自由之心固著于征税之特之与诸君同。此自由而弗失则其他种种之安危举不足以动其心彼辈验此（谓征税）如医切脉。视其搏动以断疾病健康者也。彼辈应用公等之通泛理论于其已事。其当否姑不具论。然学说理论实非一国之所得专。要之彼辈固已应用此泛通理论矣。诸君统制彼辈之方。为宽为怠。为得为失。皆非所论。彼辈固笃信本此共通原则其利害实与诸君相同也。

四、 彼辈之见解以其各州立法议会之形体证之愈益坚确。彼辈之政体自治之度甚高。或且纯为自治制。各州政府莫不以代议制为重。人民之参与政治常能唤起其高洁之情感。使对欲夺其最要之政权者深恶痛绝焉。

五、 茍于此种政府之运用有所缺。则宗教可补救之使竟其功。美之新民。于精力主义之宗教心绝未衰耗。且彼辈所以明示此心之方即其自由精神之一大原因也。彼辈新教徒也。而新教者又最尚自由而忌窒人心志之宗派也。此派不特为崇尚自由。且实本乎自由而兴。先生。（称议长）予以为彼离异国教诸教会所以于类似专制之物皆深恶痛绝之者。其原因非特存乎宗派。又实根乎历史也。罗马加特力教与其所流行处之政府多同时而生互相狼狈。政府所以爱护之者亦无所不至。此夫人而知者也。即英之国教亦自始为政府所扶持焉。然离异派则奋起以与世界一切强权抗。且此反抗起于力争天赋之自由。未可非也。彼等实由此强毅不挠之主张而兴。凡属新教。虽其最冷静者皆实一种离派也。北美所盛行之宗教为距捍主义之秀。不啻离异派中之离异。新教中之尤新者也。此教之诸宗名虽各殊。而自由精神则各宗所同尚。此教盛行于北方诸州。而英之国教。虽有宪法所定之特权。实则无异私家之宗派。美民信之者殆不过十之一而已。美民去英之日。实革新精神极盛之时。移居者特甚。而源源而往之异国人又大都属于背其国教之离异派。抱与美民同之心情性质以俱来也。

六、 先生。观诸议员之举动。知有于仆之说持异议者。彼辈盖以为南方诸州奉国教者实居泰半。且其制度井然也。兹事良信。然以愚观之。南部诸州有一事焉。保南北差异之平衡。且使南部之自由精神视北为尤高。其事维何？即佛吉尼亚、加罗理拿诸州蓄奴无算是也。世界无论何地。凡蓄奴处。其自由之民皆甚夸耀宝爱其自由。自由之于彼辈盖非仅为其福利。实不啻好爵特权也。此诸州之宝其自由较他州为甚。视之尤为崇高。不识其在他邦乃人所共有。如雨露之均霑。且与祸灾贱业及臣虏之境遇相连也。先生。仆非颂彼辈此想为圣善之道义也。其中暴慢之心盖亦不少。然人情若此。不可移也。事实如是。无可掩也。此辈南方殖民之爱自由实视北方为笃。其精神视北方为尤崇高强毅。古共和国民正如是。吾祖高提克族正如是。今日之波兰人亦如是。凡身为主人而非奴隶者莫不如是。如此人民其治人之傲倨心与自由精神相融合。实护持之使不可犯也。

七、 先生。吾属地犹有一事。其助成此不屈精神之滋长及其效果者不少。即其教育是也。世界无论何国恐无齐民皆修法学如此邦者。治此专门之学者甚众。其力亦甚伟。多为各州之领袖。遣赴中央议会之议员亦大都皆法学家也。凡能读书者（美民大都能读）莫不涉猎斯学。求通其大略。仆闻之某大书贾。运往此殖民地之书籍。宗教短篇书而外。任何种类。无及法学书之多者也。殖民地今能自刊书籍以供其地之需。仆闻美洲所售布腊克斯同氏之法律释义一书。其数殆与在英所售者相埒。盖吉将军之书道此特详。犹在诸君凡上也。将军云。其治下之民大都皆法学家。或略通此学者。彼辈于波士顿竟能行其狡狯。逃吾刑网。舌辩之士或能谓其民既通法律。当益明立法之权利。奉法之义务。背叛之常刑。宜可怀刑守法矣。此说甚是。然吾明达可钦之友。垂听仆刍荛之言。或将斥仆之妄。彼闻之。吾亦闻之。不以好爵厚禄牢笼此辈使入吾彀中为国服务。则将为政府之大敌。此妙策而犹不能消其精神而驯服之。是为冥顽好乱矣。学问变人气质。学律使人敏锐而机警。能攻而善守。睿智而多谋。他国纯朴空同之民。必身受其祸始知其政府之失策耳。美洲之民则能前知。见政策之不良即预卜虐政之将至。不待其政之施行、已拒之千里之外矣。

八、 殖民地反抗精神之最后原因。力亦不弱于他者。以其非仅起于人心。实又基于天然也。诸君与彼辈远隔重洋三千英里。相去既窎远。则政府威力之减弱。实无策可以救止之。苍波渺渺无际。一命之传。一令之行。其间常费数月。一条文之不能迅得解释。全法典足因之而坏。诸君诚有发巨炮之军舰。能至海之极边。然更来一大权力。足以制人暴慢之情。平人愤激之气。彼曰。“君可行至此而止。不得更进”呜乎。一怒而断自然之链锁者谁耶？恐虽贲育亦不得不受其制也。凡疆宇过广之国所示种种先例。吾国亦无可逃。大国威权难及荒服。天然之公例示我矣。突厥之统制埃及、亚喇伯、喀的斯但。不能如其统制特雷斯。其在克里米亚、亚尔几、之权力。不能如在布鲁萨与斯木尔拿。压制之力常不得不此消彼长。终归涣散。消灭无馀。突厥撒但不得不安于其力所能致之服从。彼欲君临其全境。不得不用宽典。其中央之威权。由其四境之弛缓所分出而已。西班牙所领绪州。殆尚不若吾英属之恭顺。彼亦唯有诺之忍之以俟时耳。此广漠散漫国之通则。不易之常经也。

九、 先生。以此六大原因。（即血统、政体、北部之宗教，南部之习惯、教育、及出政之门过远等）而强烈之自由精神遂发生滋长。此精神与殖民地共发皇。与其富力共增长。英之权力纵甚合法。与自由观念实不相容。与彼辈之观念尤为相�。二者不幸相值。两相搏击。遂至火炎昆岗。吾徒玉石俱碎矣。

英汉对译

The Spirit of Liberty in The American colonies.

1.These, sir, are my reasons[注：There, sir, are my reasons. —Burke氏前曾举四大理由。力言以兵力强迫美人之不当。此其结论。 紧承上文者也。]for not entertaining that high opinion of untried force[注：Untried force.—未曾一试之力。 即前所未用之武力也。] by which manygentlemen, for whose sentiments in other particulars I have great respect, seem to be so greatly captivated. But there is stillbehind a third consideration concerning this object, which serves todetermine my opinion on the sort of policy which ought to be pursued in the management of America, even more than its population and itscommerce,—I men its temper and character.

2. In this character of the Americans, a love of freedom is thepredominating feature which marks and distinguishes the whole? [注：The whole＝The whole character of the Americans.] and as an ardentis always a jealous affection,your colonies become suspicious, restive,and untractable whenever they see the least attempt to wrest fromthem by force, or shuffle from them by chicane what they think theonly advantage worth living for.[注：What they think living for 使彼等有乐生之心之唯一利益。for者adventage for which之义也。] This fiercespirit of liberty is stronger in the English colonies probably than in any other people of the earth; and this from a great variety of powerful causes; which to understand the true temper of their minds, and the direction which this spirit takes, it will not be amiss to layopen [注：To lay open＝To expose.] somewhat more largely.

3.First, the people of the colonies are descendants of Englishmen. England, sir; is a nation which still, I hope, respects, andformerl radored, her freedom. The colonists emigrated from you whenthis part of your character [注：When this part of your character & c.汝等特性之此部分。即自由精神也。New England Colony起于英民反抗Stuart朝之时。当日英之自由精神诚最盛旺。] was most predominant; and they tookthis bias and direction the moment they parted from your hands. Theyare therefore not only devoted to liberty, but to liberty accordingto English ideas and on English principles. Abstract liberty, like other mere abstractions, is not to be found. Liberty inheres insome sensible objsct; and every nation has formed to itself some favorite point [注：Formed to itself &e.各国民所注定之点以为乐利标准者即谓征税等事。‘Their’本当作‘its’当Every nation也。Favorite point＝some importantpoint,the point most valued.] which, by way of eminence,becomes the criterion of their happiness. It happened, you know, sir,that the great contests for freedom in this country were from the earliest times chiefly upon the question of taxing. Most of the contests in the ancient commomwealths [注：The ancient commonwealths.指古代希腊罗马之共和政治。] turned primarily on the right of election of magistrates,or on the balance among the several orders of the state.The question of money was not with them so immediate.But in England it was otherwise. On this point of taxes theablest pens and most eloquent tongues [注：The ablest pens and most eloquent tonguse &c.谓关于此征税之事。最妙之笔。 最辩之舌皆曾或以文章或以演说详论之。盖暗指Hampden, Pym, Selden 诸人也。 ] have beenexercised; the greatest spirits have acted and suffered. In order togive the fullest satisfaction concerning the importance of this point, it was not only necessary [注：Not only necessary &c. 此句但有“非仅在……云云”。其下并无习见之‘but also’句。 盖以下文紧接‘ They wentfurther &c. 句故也。 ] for those who in argument defended theexcellence of the English Constitution to insist on this privilege ofgranting money as a dry point of fact, [注：Dry point of fact.此dry 之义等于clear] and to prove that the right had been acknowledged, in ancient parchments [注：Ancient parchments谓Magna Charta, Charterof Liberty等古宪典也。] and blind usages, [注：Blind usages.不成文法，习惯法。] to reside in a certain body called a House of Commons. Theywent much further; they attempted to prove, and they succeeded, thatin theory it ought to be so, from the particular nature of a House of Commons, as an immediate representative of the people; whether the old records had delivered this oracle [注：Oracle.本义为神命。此作真理解。] or not. They took infinite pains to inculcate, as afundamental principle,that in all monarchies the people must in effectthemselves, mediately, or immediately possess the power of granting their own money, or no shadow of liberty could subsist. The colonies draw from you, as with their lifeblood, [注：As with their life-blood.英美人同其祖先故云。]these ideas and principles. Their love of liberty, as with you, fixed and attached on this specific point of taxing. Liberty might be safe, or might be endangered, in twenty otherparticulars,[注：Twenty other particulars.此Fwenty但示多数而已。非定二十之数也。犹吾国之云万千。]without their being much pleased or alarmed, Here they felt its pulse; and as they found that beat they thoughtthemselves sick or sound. I do not say whether they were right orwrong in applying your general arguments to their own case. It is noteasy, indeed, to make a monopoly of theorems and corollaries. The factis that they did thus apply those general arguments; and your mode ofgoverning them, whether through lenity or indolence, through wisdomor mistake, confirmed them in the imagination that they, as well asyou, had an interest in these common principles. [注： These commonprinciples.指上文之general arguments.]

4.They were further confirmed in this pleasing error [注：Pleasingerror.此error非真误谬。文法所谓ironical也。] by the form of theirprovincial legislative assemblies. Their governments are popular[注：Popular＝Popular gevernment.纯自治制之政府。] in a high degree;some are merely [注： Merely＝purely, entirely,此‘merely popular’指New England 也。其地主居英而选州长（Governer）赴美治之者曰Proprietary government。 如 Pennsylvania, Maryland 是也。 其直隶英王者曰 RoyalProvinces。如Virginia，Carolina诸州是也。]popular;in all, the popularrepresentative is the most weighty; and this share of the people intheir ordinary government never fails to inspire them with lofty sentiments, and with a strong aversion from whatever tends to deprive them of their chief importance.

5.If anything were wanting to this neces ary operation of the formof govrnment, religion would have given it a complete effect. Religion, always a principle of energy, in this new people is no way worn outor impaired; and their mode of professing it is also one main causeof this free spirit.The people are Protestants, and of that kind [注：Of that kind.谓Puritans, Presbyt rians诸宗派也。] which is the mostadverse to all implicit submission of mind and opinion. This is apersuasion not only favorable to liberty, but built upon it. I donot think, sir, that the reason of this averseness in the dissentingchurches [注：Dissenting churches.背英之国义Episcopal Church而独立之宗派。即 Puritans, Presbyterians 诸宗是也。] from all that looks like absolute government is so much to be sought in their religious tesetsas in their history, Every one knows that the Roman Catholic religion is at least coeval [注：Coeval同诗而生之义。喻政府与旧教相依相赖也。]with most of the governments where it prevails; that it has generallygone hand in hand with them,and received great favor and every kind ofsupport from authority. The church of England,too, was formed from hercradle under the nursing care of regular government. But thedissenting interests have sprung up in direct opposition to all theordinary powers of the world, and could justify that opposition onlyon a strong claim to natural liberty. Their very existence dependedon the powerful and unremitted assertion of that claim. AllProtestantism, even the most cold and passive, is a sort of dissent. But the religion most prevalent in our Northern colonies is arefinement of the princ ple of resistance, it is the dissidence ofdissent, and the Protestantism of the Protestant religoin. Thisreligion, under a variety of denominations, [注： variety of denominations.即Puritans,Presbyterians 诸名称之各异。] agreeing in nothing but in the communion of the spirit of liberty, is predominantin most of the Northern provinces, where the Church of England,notwithstanding its legal rights, is in reality no more than a sort ofprivate sect, not composing most probably,the tenth of the people. Thecolonists left England when this spirit was high,and in the emigrantswas the highest of all; and even that stream of foreigners, which hasbeen constantly flowing into these colonies, has, for the greatest part, been composed of dissenters from the establishments of their several countries, and have brought with them a temper and characterfar from alien to that of the people with whom they mixed. [注： The people with whom they mixed.此people谓美国人。‘they’指foreigners.]

6.Sir, I can perceive by their manner that some gentlemen objectto the latitude of this description; because in the Southern coloniesthe church of England forms a large body, and has a regularestablishment. It is certainly true. There is, however,acircumstance attending these colonies which, in my opinion, fullycounterbalances this difference, and makes the spirit of libertystill more high and haughty than in those to the northward. It is, that in Virginia and the Corolinas [注： The Carolinas. ＝North and Soutt Carolina二州。] they have a vast multitude of slaves. Where thisis the case in any part of the world,those who are free are by far themost proud and jealous of their freedom. Freedom is to them not onlyan enjoyment, but a kind of rank and privilege. Not seeing there [注：Not seeing there—‘there’指Virginia与Carolinas诸州。] that freedom. as in countries where it is a common blessing, and 'as broad and general as the air', [注： As broad and general as the air.—乃 Shakespeare 所作“Macbeth”中句。Burke氏引用之。喻普遍也。] may be united with much abject toil, with great misery, with all the exterior of servitude, liberty looks, among them, like something thatis more noble and iberal. I do not mean, Sir, to commend thesurperior morality of this sentiment, which has at least as much pride as virtue [注：As much pride as virtue.谓其中傲慢心与德性之量相等。] in it; but I cannot alter the nature of man. [注：I cannot…nature of man. 谓人情如是。予无如何也。] The fact is so; and these people of the Southern colonies are much more strongly, and with ahigher and more stubborn spirit, attached to liberty than those to the northward. Such were all the ancient commonwealths; such were our Gothic ancestors;[注： Gothic此Gothic之义甚广。殆与Teutonic 同义。谓英人之祖也。] such in our days were the Poles [注：The Poles.波兰人。] and such will be all masters of slaves, who are not slavesthemselves. In such a people,the haughtiness of domination combines with the spirit of freedom, fortifies it, and renders it invincible.

7.Permit me, sir, to add another circumstance in our colonieswhich contributes no mean part towards the growth and effect of thisuntractable spirit. I mean their education. In no country perhaps inthe world is the law so general a study. The profession itself isnumerous and powerful; and in most provinces it takes the lead. Thegreater number of the Deputies sent to the Congress were lawyers. Butall who read (and most do read) endeavor to obtain some smattering[注：Smatteribg,涉猎所得之知识。] in that science. I have been told byan eminent bookseller that in no branch of his business, after tracts of popular devotion [注：Tracts of popular devotion. 宗教之小册子。] were so many books as those on the law exported to the plantations.The colonists have now fallen into the way of printing them for theirown use. I hear that they sold nearly as many of Blackstone'sCommentaries [注：Blackstone's Commentaries 英国百年前之法学名著。 ] in America as in England. General Gage marks out this disposition veryparticularly in a letter on your table. He states that all the peoplein his government are lawyers, or smatterers in law; and that inBoston they have been enabled, by successful chicane, wholly to evademany parts of one of your capital penal constitutions. [注：To evade many parts…penal constitutions.昔Gage将军为总督。禁波士顿人集会。美人籍口并非召集新会。 乃前会延期今重开之。 集会如故而将军无如何。 ] Thesmartness of debate [注：The smartness of debate. 辩士之义。] will saythat this knowledge ought to teach them more clearly the rights oflegislature, their obligations to obedience, and the penalties ofrebellion. All this is mighty well. But my honorable and learnedfriend on the floor [注：My honourable… on the floor. 指 Attorney General Thurlow也。] who condescends to mark [注：Conpescende to mark &c.重听] what I say for animadversion,will disdain that ground. He hasheard, as well as I, that when great honours and great emoluments donot win over [注：Win over,使为已用，牢笼之。] this knowledge to theservice of the State it is a formidable adversary to government. If the spirit be not tamed and broken by these happy methods, it is stubborn and litigious. Abeunt studia in mores. [注：Abeunt studia inmores. —此猎丁文英译为Manners are influenced by studies.见Bacon文中。]This study renders men acute, inquisitive, dexterous,prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, [注：Less mercurial cast.较美国人为愚鲁之人民。‘cast’本义为型。滞笨之型所铸。即愚鲁之义也。] judge of an ill principle in government only by an actual grievance; here[注：Here.—In this case.在美国人。] they anticipate the evil, andjudge of the pressure of the grievance by the badness of theprinciple. They angur misgovernment at a distance, and snuff the approach of tyranny in every tainted breeze.[注：Snuff the approach…tainted breeze.—‘tainted breeze’二语见文豪Pope氏所作Essay on Man。此盖以猎犬嗅风而知有兽。喻美国人之机警。虐政未行已能预料也。]

8.The last cause of this disobedient spirit in the colonies ishardly less powerful than the rest, as it is not merely moral, butlaid deep in the natural constitution of things. Three thousand milesof ocean lie between you and them. No contrivance can prevent theeffect of this distance in weakening government. Seas roll, andmonths pass, between the order and the execution; and the want of aspeedy explanation of a single point is enough to defeat a wholesystem.You have, indeed, winged ministers of vengeance, [注： Wingedministers of vengeance.军舰。] who carry your bolts in their pounces[注：Carry your bolts in their pounces. 军舰所发射之弹丸。 ] to theremotest verge of the sea. But there a power steps in, that limitsthe arrogance of raging passions and furious elements, and says, “Sofar shalt thou go, and no farther.”Who are you, that you should fretand rage, and bite the chains of Nature Nothing worse happens[注：Nothing worse happens &c.—‘Does’＝Does happen.虽无更恶之事然与彼相同之事则不可免。] to you than does to al? nations who have extensive empire; and ill happens in all the forms into which empirecan be thrown. In large bodies, the circulation of power must beless vigorous at the extremities, Nature has said it.The Turk cannotgovern Egypt, and Arabia and Curdistan [注：Curdistan.突厥之属地。去其本部甚远。] as he governs Thrace; [注：Thrace 突厥在欧洲之属地，在其东南。 ] nor has he the same dominion in Crimea and Algiers [注：Crimea and Algiers皆突厥领土。去其本国亦远。]which he has at Brusa [注：Brusa在君士但丁之南。去之甚近。] and Smyrna. [注： Smyrna 在亚洲突厥之西。 临Eugean 海。 ] Despotism itself is obliged to truck and huckster. [注： To truck and huckster.—交换者谓其此移彼置。 零售者喻其权力四分反致涣散薄弱也。] The sultan gets such obedience as he can. He governswith a loose rein, [注：Loose rein宽典。] that he may govern at all; [注：That he may governat all谓其欲求治之不得不用宽典。否则将叛去也。]and the whole of the force and vigor of his authority in his centreis derived from a prudent relaxation in all his borders. Spain, in her provinces, is, perhaps,not so well obeyed as you are in yours. Shecomplies too; she submits; she watches times. This is the immutable condition, the eternal law, of extensive and detached empire.

9. Then, sir, from these six capital sources, —of descent; ofform of government; of religion in the Northern provinces; of mannersin the southern; of education; of the remoteness of situation fromthe first mover [注：First mover.政府权力之源泉。] of government; —fromall these causes a fierce spirit of liberty has grown up. It has grown with the growth of the people in your colonies, and increased with the incrcase of their wealth—a spirit that, unhappily meeting with an exercise of power in England which, however lawful, is not reconcilable to any ideas of liberty, much less with theirs, has kindled this flame that is ready to consume us.