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        #38: Jefferson Gets Louisiana Territory From France

        作者:Christine Johnson and Harold Braverman 發布日期:3-21-2013

        Welcome to THE MAKING OF A NATION – American history in VOA Special English.

        In our last program, we talked about two proposals by President Thomas Jefferson. Congress approved both of them. One proposal ended some taxes. The other reduced the number of judges appointed by John Adams when he was president.

        在上次的建國史話中,我們講到,美國新總統托馬斯.杰斐遜上任后,推出了兩大提案:一是取消某些稅務,二是減少上屆總統約翰.亞當斯任命的法官人數。這兩大提案都得到了國會的批準。

        In the closing days of Adams' term, Congress passed a Judiciary Act. This act gave Adams the power to appoint as many judges as he wished. It was a way for the Federalist Party to keep control of one branch of government. The Federalists had lost the presidency and their majority in Congress to Thomas Jefferson and his Democratic-Republican party -- known today as the Democratic Party.

        亞當斯總統任期的最后一段時間內,國會通過了一項司法法案,授權亞當斯隨意任命法官。聯邦黨人因為失去了總統寶座和國會多數權,所以希望借此保住對司法部門的控制。

        Now, Tony Riggs and Shep O'Neal continue the story of America's third president, Thomas Jefferson.

        (MUSIC)

        VOICE ONE:

        Actors dressed as Napoleon Bonaparte and Andrew Jackson in 2003 in New Orleans, during celebrations of the 200th anniversary of the Louisiana Purchase
        Actors dressed as Napoleon Bonaparte and Andrew Jackson in 2003 in New Orleans, during celebrations of the 200th anniversary of the Louisiana Purchase

        President Adams quickly created new courts and named new judges. Just as quickly, the Senate approved them. The papers of appointment were signed. However, some of the judges did not receive their papers, or commissions, before Thomas Jefferson was sworn-in. The new president refused to give them their commissions. One of the men was William Marbury. He asked the Supreme Court to decide his case.

        根據這項司法法案,亞當斯總統迅速增設法院,增加法官。參議院也大開綠燈,立即簽發任命文件。不過,有些法官在托馬斯.杰斐遜宣誓就職之前沒有拿到委任狀。杰斐遜上任后拒絕向這些法官簽發任命證書,其中一名法官名叫威廉.馬伯里。他要求聯邦最高法院就此做出裁決。

        John Marshall, by Hiram Powers
        John Marshall, by Hiram Powers

        VOICE TWO:

        The Chief Justice was John Marshall, a Federalist. Marshall thought about ordering the Republican administration to give Marbury his commission. On second thought, he decided not to. He knew the administration would refuse his order. And that would weaken the power of the Supreme Court.

        聯邦最高法院當時的首席大法官是聯邦黨人約翰.馬歇爾。馬歇爾原打算勒令共和黨政府向馬伯里頒發任命證書,但是轉念一想,又改變了主意。他知道,杰斐遜政府一定會拒絕執行最高法院的裁決,這樣一來,最高法院的權力難免會受到削弱。

        Marshall believed the Supreme Court should have the right to veto bills passed by Congress and signed by the president. In the Marbury case, he saw a chance to put this idea into law.

        馬歇爾認為,聯邦最高法院應該有權否決國會和總統簽署的議案。他覺得,馬伯里一案是一次絕好的機會,可以讓他的想法變成法律。

        VOICE ONE:

        Marshall wrote his decision carefully. First, he said that Marbury did have a legal right to his judicial commission. Then, he said that Marbury had been denied this legal right. He said no one -- not even the president -- could take away a person's legal rights.

        馬歇爾經過慎重推敲,做出了如下裁決。首先,他表示,馬伯里有權得到司法任命證書。他接著說,馬伯里被剝奪了這一合法權利。他說,任何人,即使是總統,也不能剝奪個人的合法權利。

        Next, Marshall noted that Marbury had taken his request to the Supreme Court under the terms of a law passed in seventeen eighty-nine. That law gave citizens the right to ask the high court to order action by any lower court or by any government official.

        馬歇爾接著寫道:馬伯里根據1789年的一項立法向最高法院提出申請。這項立法規定,公民有權要求最高法院命令下級法院或是政府官員采取行動。

        The decision in the Marbury v. Madison case established the right of the courts to decide the constitutionality of the actions of the other two branches of government
        The decision in the Marbury v. Madison case established the right of the courts to decide the constitutionality of the actions of the other two branches of government

        Marshall explained that the Constitution carefully limits the powers of the Supreme Court. The court can hear direct requests involving diplomats and the separate states. It cannot rule on other cases until a lower court has ruled.

        馬歇爾解釋說,憲法嚴格規定了最高法院的權限,最高法院只能聽取涉及外交官員和各州的直接請求;除非下級法院已經做出裁決,否則最高法院不能直接插手。

        So, Marshall said, the seventeen eighty-nine law permits Marbury to take his case directly to the Supreme Court. But the Constitution does not. The Constitution, he added, is the first law of the land. Therefore, the congressional law is unconstitutional and has no power.

        馬歇爾說,1789年的立法允許馬伯里把案件直接提交最高法院,但是根據美國憲法,這樣做是不可以的。他補充說,憲法是美國的基本大法。因此,國會立法實屬違憲,沒有法律效力。

        VOICE TWO:

        Chief Justice Marshall succeeded in doing all he hoped to do. He made clear that Marbury had a right to his judicial commission. He also saved himself from a battle with the administration. Most importantly, he claimed for the Supreme Court the power to rule on laws passed by Congress.

        最高法院首席大法官馬歇爾就此達到了自己的所有目的:第一,他清楚地表明,馬伯里有權得到任命;第二,他避免了跟杰斐遜政府的一場爭斗;第三,也是最重要的,他宣稱,聯邦最高法院有權就國會立法的有效性做出裁決。

        President Jefferson understood the importance of Marshall's decision. He did not agree with it. He waited for the Supreme Court to use this new power.

        Several times during Jefferson's presidency, Federalists claimed that laws passed by the Republican Congress violated the Constitution. But they never asked the Supreme Court to reject those laws.

        杰斐遜總統意識到了馬歇爾大法官這一裁決的重要性。他并不贊成,但他也在等待聯邦最高法院行使這一權力。杰斐遜任期內,聯邦黨人曾多次提出,共和黨控制的國會通過的立法違反了憲法,但是他們始終沒有要求最高法院取消這些立法。

        (MUSIC)

        VOICE ONE:

        The Louisiana Purchase Treaty was signed in Paris on April 30, 1803
        The Louisiana Purchase Treaty was signed in Paris on April 30, 1803

        During Jefferson's first term, the United States faced a serious problem in its relations with France.

        杰斐遜總統第一個四年任期內,美國和法國的關系十分緊張。

        France had signed a secret treaty with Spain. The treaty gave France control of a large area in North America -- the Louisiana Territory.

        法國跟意大利簽署了秘密協議,根據協議,北美路易斯安那的大片土地都處于法國的掌控之中。

        Napoleon Bonaparte ruled France at that time. Jefferson did not want him in North America. He felt the French presence was a threat to the peace of the United States. He decided to try to buy parts of Louisiana.

        當時,法國的統治者是拿破侖。杰斐遜不希望看到拿破侖的勢力進入北美。他認為,法國的出現會對美國的和平構成威脅,因此決定收購路易斯安那的部分地區。

        VOICE TWO:

        Jefferson sent James Monroe to Paris as a special negotiator.

        Before sailing, Monroe met with the president and Secretary of State James Madison. They discussed what the United States position would be on every proposal France might make.

        杰斐遜任命詹姆斯.門羅為特派員,前往巴黎進行談判。動身前,門羅跟杰斐遜總統和麥迪遜國務卿一起,就法國可能提出的各種提案進行討論,確定了美國的立場。

        First, Monroe would try to buy as much territory east of the Mississippi River as France would sell. If France refused, then Monroe would try to buy an area near the mouth of the Mississippi River. The area was to be large enough for a port.

        首先,只要法國肯賣,門羅就把密西西比河以東土地全都買下來。如果法國不答應,門羅就要設法將密西西比河口附近的一塊地方買下來,將來在那里建一個港口。

        VOICE ONE:

        In this note to the newly appointed American minister to France, James Monroe, President Jefferson describes his reasons for wanting the city of New Orleans
        In this note to the newly appointed American minister to France, James Monroe, President Jefferson describes his reasons for wanting the city of New Orleans

        Monroe never had a chance to offer the American position. Napoleon had decided to sell everything to the Americans. He told his finance minister to give up Louisiana -- all of it. Napoleon needed money for a war with Britain.

        不過,門羅根本沒有機會說明美國的立場。拿破侖為了跟英國打仗,急等錢用,所以授權法國財政部長,把法國在北美大陸的土地統統賣給美國,包括整個路易斯安那。

        James Monroe was happy to negotiate the purchase of Louisiana. They agreed on a price of eighty million francs for all the land drained by the great Mississippi River and all its many streams.

        門羅欣然接受。雙方最后達成協議,將密西西比河及其支流所灌溉的所有土地賣給美國,售價八千萬法郎。

        (MUSIC)

        VOICE TWO:

        Federalists in the northeastern states opposed the decision to buy Louisiana. They feared it would weaken the power of the states of the northeast. Federalist leaders made a plan to form a new government of those states. But to succeed, they needed the state of New York.

        然而,美國東北部的聯邦黨人反對購買路易斯安那。他們擔心,這樣做會使東北各州的勢力受到削弱。聯邦黨領袖原計劃在這些州建立一個新政府,但是紐約州的加入必不可少。

        Vice President Aaron Burr was the political leader of New York and a candidate for New York governor. The Federalists believed Burr would win the election and support their plan. But Federalist leader Alexander Hamilton did not trust Burr. The two had been enemies for a long time.

        美國副總統艾倫.伯爾是紐約州的政治領袖,也是紐約州長候選人。聯邦黨人相信,伯爾會贏得選舉,并支持他們組建新政府的計劃。但是聯邦黨人的另外一位重要領袖亞歷山大.漢密爾頓不信任伯爾。他們兩人長期敵對。

        VOICE ONE:

        Hamilton made some strong statements against Burr during the election campaign in New York. The comments later appeared in several newspapers. Burr lost the New York election. The Federalist plan died for a new government of northeastern states.

        漢密爾頓在紐約選舉過程中對伯爾提出嚴辭批判,他的話出現在很多報紙上。伯爾最后落選,聯邦黨人在東北各州組建新政府的計劃也因此胎死腹中。

        After the election, Burr asked Hamilton to admit or deny the comments he had made against Burr. Hamilton refused. The two men exchanged more notes. Burr was not satisfied with Hamilton's answers. He believed Hamilton had attacked his honor. Burr demanded a duel.

        選舉結束后,伯爾要求漢密爾頓收回先前的攻擊性言論,被漢密爾頓一口回絕。兩人此后多次交涉,但是漢密爾頓的解釋始終不能讓伯爾滿意。他認為,漢密爾頓的言論傷害了自己的榮譽,要求跟漢密爾頓決斗。

        VOICE TWO:

        A duel is a fight, usually with guns. In those days, a duel was how a gentleman defended his honor. Hamilton opposed duels. His son had been killed in a duel. Yet he agreed to fight Burr on July eleventh, eighteen-oh-four.

        當時,紳士們為了捍衛自身榮譽,往往會采取決斗的方式,一般都是用槍。漢密爾頓不贊成決斗,因為他兒子就是在一場決斗中被打死的。然而這次,他卻接受了伯爾的挑戰。

        The two men met at Weehawken, New Jersey, just across the Hudson River from New York City. They would fight by the water's edge, at the bottom of a high rock wall.

        決斗定于1804年7月11號進行,地點是紐約市哈得遜河對岸新澤西州的維豪肯。他們約好,在岸邊一塊高大的石墻底下見。

        VOICE ONE:

        Aaron Burr, by Jacques Jouvenal
        Aaron Burr, by Jacques Jouvenal

        The guns were loaded. Burr and Hamilton took their places. One of Hamilton's friends explained the rules. "Are you ready, gentlemen?" he asked. Both answered "yes." There was a moment of silence. He gave the signal. Burr and Hamilton raised their guns. Two shots split the air.

        漢密爾頓和伯爾各就各位。子彈上膛。漢密爾頓的朋友宣布了決斗的規則。他最后問:“先生們,你們都準備好了嗎?”兩人都說“是的”。沉寂片刻后,裁判發出了決斗開始的信號。

        Hamilton raised up on his toes, then fell to the ground. Burr remained standing. He looked at Hamilton with regret, then left. Hamilton died the next day.

        伯爾和漢密爾頓同時舉起手槍,兩聲槍響過后,漢密爾頓栽倒在地。伯爾用遺憾的眼神看了看漢密爾頓,轉身離去。決斗第二天,漢密爾頓宣布死亡。

        Newspapers throughout the nation reported Hamilton's death. Most people accepted the news calmly. To them, it was simply the sad end to an old, private dispute. But Burr's political enemies charged him with murder. The vice president fled to the southern state of Georgia.

        美國各地報紙都報導了漢密爾頓去世的消息。大多數人聽到他的死訊,并沒有激烈的反應。在他們看來,這只不過是一場個人恩怨的悲慘結局。但是伯爾的政敵們卻指控他犯下了殺人罪,伯爾因此逃往南部的喬治亞州避難。

        (MUSIC)

        VOICE TWO:

        The nation was preparing for the presidential election in a few months. Once again, the Republican Party chose Thomas Jefferson as its candidate for president. But Republicans refused to support Aaron Burr for vice president again. Instead, they chose George Clinton. Clinton had served as governor of New York seven times.

        當時,美國總統大選在即。共和黨人再次提名杰斐遜做為總統候選人,但是副總統的人選則由伯爾改為了當過七屆紐約州長的喬治.克林頓。

        The Federalist Party chose Charles Cotesworth Pinckney of South Carolina as its candidate for president. It chose Rufus King of New York to be its vice presidential candidate.

        聯邦黨人的總統和副總統候選人分別是南卡羅來納州的平克尼和紐約州的魯弗斯.金。

        VOICE ONE:

        The campaign was quiet. In those days, candidates did not make many speeches.

        當年的選戰十分平靜,候選人不會到處演進。

        Republican pamphlets told of the progress made during the past four years. The former Federalist administration raised taxes, they said. Jefferson ended many of the taxes. The Federalists borrowed millions of dollars. Jefferson borrowed none. And, Jefferson got the Louisiana Territory without going to war.

        共和黨人的宣傳材料歷數了杰斐遜政府過去四年里的政績。他們說,以前聯邦黨人的政府增稅,但是杰斐遜取消了很多稅務;聯邦黨人讓國家背負了數百萬美元的債務,但是杰斐遜一分錢沒借;此外,杰斐遜沒動一槍一炮,就得到了路易斯安那。

        The Federalists could not dispute these facts. They expected that Jefferson would be re-elected. But they were sure their candidate would get as many as forty electoral votes. The results shocked the Federalists. Jefferson received one hundred sixty-two electoral votes. Pinckney received just fourteen. Thomas Jefferson would be president for another four years.

        這些都是事實,聯邦黨人無從辯駁。他們也知道,杰斐遜會當選連任。但是聯邦黨人覺得,自己的候選人怎么說也能得到40張選舉人票。然而,選舉結果讓他們目瞪口呆。杰斐遜得到了162張選舉人票,而聯邦黨候選人平克尼只有14票。接下來的四年,托馬斯.杰斐遜將繼續承擔總統的重任。

        That will be our story next week.

        (MUSIC)

        ANNOUNCER:

        Our program was written by Christine Johnson and Harold Braverman. The presenters were Tony Riggs and Shep O'Neal. Join us again next week for THE MAKING OF A NATION, an American history series in VOA Special English. Transcripts, podcasts and MP3s of our programs can be found at www.squishedblueberries.com.

        網友的學習評論(3條):
        作者:xuding45
        5-3-2013 6:11:34
        Tomas Jefferson bought Louisiana Territory From France. At the same time he avoid the war with France. During his first presidency he faced a importment matter. 'Marbury V.Madison' court gave a trouble for Jefferson' government. At final the supreme got a power which could rule the law by Congress.
        作者:Alumni
        8-1-2013 21:20:29
        Thomas Jefferson bought Louisiana territory in his first term of presidence. This was a great thing that American did.another interesting thing is the duel between Hamilton and Burr.
        作者:hliu
        8-3-2015 9:40:18
        Both Hamilton and Burr are ambitious and proud, they don't permit themselves to be controlled. They try to get the throne, or at least a position near it. But I cann't say their prides help them.
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