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        #84: Slavery Debate Intensifies With Dred Scott Ruling

        作者:Frank Beardsley 發布日期:5-6-2013

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

        As we said last week, James Buchanan of Pennsylvania won the presidential election of eighteen fifty-six. He defeated John Fremont, the candidate of the newly created Republican Party, which opposed slavery.

        在1856年總統大選中,賓夕法尼亞州的民主黨人詹姆斯·布坎南擊敗共和黨候選人弗蒙特,當選總統。

        James Buchanan
        James Buchanan

        Buchanan, a Democrat, had often supported the South in the dispute over slavery. Most of the new president's closest friends were southerners. He wrote that the North was too aggressive toward the South and should stop interfering in the slave states.

        在奴隸存廢問題上,布坎南一貫支持南方。布坎南的好朋友很多都是南方人。他曾寫過,北方對南方太霸道,應該停止干涉南方事務。

        Buchanan said the South had good reason to leave the Union if abolitionists continued their attacks against slavery.

        This week on our series, Jack Moyles and Stan Busby tell more about James Buchanan. And they discuss his influence in the Supreme Court ruling in the case of a slave from Missouri named Dred Scott.

        VOICE ONE:

        As the new president, Buchanan believed he could solve the slave question by keeping the abolitionists quiet. Success would mean the end of the anti-slavery Republican Party.

        新總統布坎南覺得,只要能讓廢奴主義者閉嘴,奴隸制度引起的糾紛就算解決了。換言之,主張廢奴的共和黨的終結,就意味著勝利。

        In choosing his cabinet, Buchanan wanted men who shared the same ideas and interests. President Pierce had tried to unite the different groups in the party by giving each a representative in his cabinet. This had not worked. It had driven the different party groups farther apart.

        布坎南組閣時,找的都是自己的志同道合者。前任總統皮爾斯曾試圖團結黨內各派勢力,讓各派力量在內閣里都有自己的代表,可最后效果并不理想,反而讓各派勢力之間的鴻溝越來越深。

        Buchanan had served in President Polk's cabinet. He remembered how well its members worked together. He said it was the unity of this cabinet that made Polk's administration so successful.

        布坎南曾經在前總統波爾克的內閣里任職,清楚記得當時內閣成員間的密切合作。他認為,正是內閣的團結,才促成了波爾克政府的成功。

        VOICE TWO:

        Buchanan gave the job of Secretary of State to Lewis Cass of Michigan. Cass was seventy-five years old. His mind had lost its sharpness. This did not worry Buchanan, because he had planned to be his own foreign minister.

        布坎南任命密西根州的路易斯·卡斯擔任國務卿??ㄋ巩敃r已經75歲高齡,頭腦不再敏銳,但是布坎南并不擔心,因為他準備親自打點外交事務。

        The job of treasury secretary went to Howell Cobb, a southern moderate from Georgia. Southerners also were named as secretary of war, interior secretary and postmaster general.

        布坎南任命喬治亞州的南方溫和派人物豪厄爾·科布擔任財政部長。此外,戰爭部長、內政部長和郵政總局局長的職務也都由南方人出任。

        Isaac Toucey of Connecticut was given the job of Navy secretary. Toucey was a northerner. But he supported many policies of the South. Another northerner -- Jeremiah Black of Pennsylvania -- became attorney general.

        布坎南任命康涅狄克州的艾薩克·托西擔任海軍部長。托西是北方人,但卻支持很多有利于南方的政策。布坎南還任命另外一個北方人、賓夕法尼亞州的杰里邁亞·布萊克擔任司法部長。

        In forming his cabinet, Buchanan did not ask for advice from Senator Stephen Douglas of Illinois. Douglas was the party's leader in the Senate and the most powerful Democrat in the northwest.

        布坎南在組建內閣的問題上,沒有征求伊利諾伊州參議員史蒂文·道格拉斯的意見。道格拉斯是參議院民主黨領袖,也是西北地區最有影響力的民主黨人。

        Douglas believed that the northwest should have two representatives in the cabinet. He said Cass could be one of them. But Douglas wanted one of his own supporters to be the other. Buchanan refused what Douglas wanted. And he gave the administration's support to a political enemy of Douglas.

        道格拉斯認為,西北部地區在內閣里應該有兩個代表,卡斯算一個,另一個應該是自己的支持者。布坎南駁回了道格拉斯的要求,轉而支持道格拉斯的政敵。

        (MUSIC)

        VOICE ONE:

        James Buchanan was sworn-in as president on March fourth, eighteen fifty-seven. In his inaugural speech, the new president denounced the long dispute over slavery. He said he hoped it would end soon.

        詹姆斯·布坎南1857年3月4號宣誓就職。布坎南在就職演說中嚴辭批評圍繞奴隸制度展開的長期爭議,并表示,他希望爭議能夠早日結束。

        Buchanan said the dispute could be settled easily by doing two things: by ending interference with slavery in states where it was legal. And by letting the people of a territory decide if they wanted slavery.

        布坎南說,要解決爭議很簡單,只要做好兩件事:第一,停止干涉奴隸州的事務;第二,讓新增土地上的居民自行決定是否接受奴隸制度。

        Buchanan said he expected the Supreme Court to rule soon on the right of the people of a territory to decide this. He said he was sure that all good citizens -- North and South -- would accept the high court's ruling.

        布坎南說,他希望聯邦最高法院迅速就新增土地居民選擇奴隸制度的權利做出裁決。布坎南說,他敢肯定,不論是南方還是北方,所有正直的美國公民,都會接受聯邦最高法院的裁決。

        VOICE TWO:

        Dred Scott
        Dred Scott

        At the time he said this, Buchanan already knew what the court's decision would be. He had even used his influence to help one member of the court to decide. The decision was made in the case of Dred Scott, a negro slave.

        其實,布坎南講這番話的時候已經知道了最高法院的裁決結果,而且還親自插手,對裁決結果施加了影響。這一裁決針對的是黑奴德雷德·斯科特的案件。

        Scott was sold in Missouri to an army doctor who took him to Illinois and then went into the Wisconsin territory. Scott lived in these two places for almost four years before he was returned to Missouri.

        斯科特是一個軍隊醫生在密蘇里州買的,后來被帶到伊利諾伊和威斯康辛。斯科特在這兩個地方生活了將近四年后回到密蘇里。

        Scott asked a court in Missouri to give him his freedom. He claimed that living in Illinois and Wisconsin -- where slavery was illegal -- had made him a free man.

        斯科特要求法院給他自由,因為奴隸在伊利諾伊和威斯康辛是非法的,所以在那里的生活讓他成了自由人。

        VOICE ONE:

        The court agreed with Scott and gave him his freedom. But the decision was appealed, and the Supreme Court of Missouri ruled against him. Scott then took his case to a federal court. Finally, he asked the United States Supreme Court to decide if he was a slave or a free man.

        法院裁定,斯科特的要求合理,并宣布他為自由人,但是這一裁決經上訴,被密蘇里州最高法院推翻。斯科特不肯放棄,把官司打到聯邦法院,要求聯邦最高法院決定他是奴隸還是自由人。

        The Supreme Court took up the case in December, eighteen fifty-six. The judges studied it carefully because it raised serious constitutional questions.

        聯邦最高法院1856年12月受理此案。聯邦法院大法官們進行了認真的研究,因為這個案子牽涉十分嚴肅的憲法問題。

        Scott claimed he was free because he had lived in free territory. It was free because Congress -- in the Missouri Compromise of Eighteen Twenty -- made slavery illegal in that area. Scott's owner raised the questions: Did Congress have the Constitutional power to close a territory to slavery? Was the Missouri Compromise legal?

        斯科特之所以聲稱自己是自由人,理由是他在不承認奴隸的地方生活過。而這些地方之所以是自由人的地區,依據是國會1820年的密蘇里協定。但斯科特的主人提出質疑:根據憲法,國會有權宣布一片地區杜絕奴隸制度嗎?1820年的密蘇里協定具有合法性嗎?

        VOICE TWO:

        At first, most of the nine Supreme Court judges had planned to give a decision without answering this question. They did not want to involve the court in this bitter dispute. The majority decided that a negro was not a citizen. Therefore, they said, Dred Scott had no right to ask the court to hear his case.

        起初,聯邦最高法院九位大法官里,大多數人都不想回答這個問題,不想讓最高法院卷入這個爛攤子,希望草草了事,既然黑奴不是公民,就無權要求聯邦最高法院受理他的申訴。

        In this way, the case could be settled without deciding on the power of Congress to act on slavery in the territories.

        這樣做既了結了案子,又不必回答國會是否有權決定新增領土上的奴隸存廢問題。

        But two of the nine Supreme Court judges opposed this ruling. Both were from the North. They had said they would write a minority decision. They said their decision would include a statement that Congress did have power over slavery in the territories.

        然而,這種做法遭到了兩位聯邦大法官的反對。這兩個人都是北方人。他們認為,國會有權決定新增領土上的奴隸存廢問題,并準備發表少數意見。

        VOICE ONE:

        Since two members of the court had planned to offer views on this question, the other seven decided the majority also should do so.

        Of the seven, five were from the South. They did not believe Congress had any power over territorial slavery. The remaining two judges -- both from the North -- did not want to make what they felt would be a political decision.

        其它七位大法官中,五個是南方人。他們覺得國會無權決定新增領土上的奴隸存廢問題,另外兩人是北方人,覺得這是一個政治決策,因此不愿插手。

        One southern member of the Supreme Court was James Catron, a good friend of James Buchanan. Buchanan had written to him asking when the court would act on the Dred Scott case.

        大法官詹姆斯·卡特倫是南方人,是總統布坎南的好朋友。布坎南寫信給他,問他聯邦最高法院什么時候對斯科特一案做出裁決。

        VOICE TWO:

        Justice Robert Grier
        Justice Robert Grier

        Catron had answered that the court would rule soon. Then he asked for Buchanan's help in getting one of the northern members of the court to vote with the five from the South. He told the president that the country would more easily accept the court's ruling if one of the northern judges gave his support. Catron proposed that Buchanan write to Justice Robert Grier of Pennsylvania.

        卡特倫回答說,很快,然后請求布坎南協助他說服一位北方大法官,跟五位南方大法官站在一條戰線上??ㄌ貍愓f,如果能有一位北方大法官的支持,最高法院的裁決就更容易被人們接受??ㄌ貍惤ㄗh布坎南寫信給賓夕法尼亞州的大法官羅伯特·格里爾。

        So Buchanan wrote to Grier. He told him that a strong decision in the Dred Scott case might do much to bring peace to the country. Grier agreed. He said he would vote with the five southerners. They would rule that the Constitution did not give Congress power over slavery in the territories.

        布坎南寫信給格里爾,告訴他說,斯科特一案的有力裁決對國家和平至關重要。格里爾表示贊同,保證跟五位南方大法官站在一起,宣布憲法沒有授權國會去決定新增土地上的奴隸存廢。

        All this had happened in the few weeks before Buchanan became president.

        所有這些幕后事件,都發生在布坎南就職前的幾周時間里。

        (MUSIC)

        VOICE ONE:

        The Supreme Court finally announced its decision just two days after Buchanan moved into the White House. Chief Justice Roger Taney read the decision in the small courtroom in the Capitol building.

        布坎南入主白宮兩天后,聯邦最高法院就宣布了決定。首席大法官托尼在國會大廈的一個小法庭上宣讀了最高法院的裁決。

        The room was crowded with congressmen, senators, government officials, and newspapermen. Chief Justice Taney began reading the decision at eleven o'clock. He read for more than two and a half hours.

        當時,屋里擠滿了國會議員、政府官員和記者。首席大法官托尼從十一點開始宣讀,整整讀了兩個半小時。

        He said the high court rejected Scott's claim of freedom for three reasons. First, Scott was not a citizen. Taney said the Constitution gave the right of citizenship only to members of the white race. Because he was not a citizen, he had no right to ask the court to hear his case.

        他表示,聯邦最高法院駁回斯科特的申訴基于三個原因。第一,斯科特不是美國公民,根據憲法,只有白種人才享有公民權。既然不是公民,斯科特就無權要求聯邦最高法院受理他的案件。

        Secondly, Taney said Scott was ruled by the laws of Missouri, the state in which he lived. Missouri laws did not give freedom to slaves who lived temporarily in free territory. Therefore, said Taney, Scott was still a slave.

        第二,托尼說,斯科特是密蘇里州居民,受密蘇里州法律管轄。根據密蘇里法律,短期在自由州居住并不意味著奴隸就自動獲得自由,因此斯科特還是奴隸。

        VOICE TWO:

        Chief Justice Roger Taney
        Chief Justice Roger Taney

        Then the chief justice took up the question of the free territory in which Scott had lived. It had become free territory under the Missouri Compromise. This was the law that Congress passed in eighteen twenty. This law kept slavery out of the northern part of the territory which the United States bought from France.

        托尼大法官接下來談到了斯科特生活過的兩個自由區。他說,這兩個地區禁止奴隸,根據的是1820年國會通過的密蘇里協定。協定規定,美國從法國手里收購的北部地區禁止奴隸的存在。

        Justice Taney said Congress did not have the constitutional power to pass such a law. He said when new territory was won, it belonged to all citizens. He said Congress had the right to govern such territory until it became a state. But he said Congress did not have power to close new territory to any American citizen. He said the citizen from Georgia had as much right to settle in this territory with his slaves as a citizen of Maine with his horse.

        托尼大法官說,憲法沒有賦予國會通過這類法律的權力。新增領土屬于所有公民,在這些地區成為美國一個州之前,國會有權管轄,但是無權禁止任何美國公民進入。托尼大法官說,帶著奴隸的喬治亞人,跟帶著馬匹的緬因州公民,應該享受搬到新增領土去定居的同等權利。

        Taney said there was no word in the Constitution that gave Congress greater power over slave property than over any other kind of property. The only such power Congress held was the power to guard and protect the rights of the property owner.

        憲法里沒有任何規定提到,國會對奴隸財產比對其它財產的權力更大,國會唯一的權力就是保護財產所有者的權利。

        To close territory to slaves, Taney said, violated the constitutional rights of slaveholding citizens. Therefore, the Missouri Compromise was unconstitutional. Congress did not have power to act on slavery in the territories.

        托尼還說,不讓奴隸到特定地區去的規定侵犯了奴隸主的憲法權。因此,密蘇里協定不符合憲法,國會無權在新增領土奴隸存廢的問題上做出決定。

        (MUSIC)

        ANNOUNCER:

        Our program was written by Frank Beardsley. The narrators were Jack Moyles and Stan Busby. Transcripts, MP3s and podcasts of our programs can be found, along with historical images, at www.squishedblueberries.com. And you can follow our series on Twitter at twitter.com/voalearnenglish, spelled as one word. Join us again next week for THE MAKING OF A NATION -- an American history series in VOA Special English.

        ___

        This is program #84 of THE MAKING OF A NATION

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