The Federalist Papers
THE FEDERALIST PAPERS
联邦党人文集
By Alexander Hamilton, John Jay, and James Madison
作者：亚历山大·汉密尔顿、约翰·杰伊和詹姆斯·麦迪逊
FEDERALIST No. 1
联邦党人一号
General Introduction
总体介绍
For the Independent Journal.
对于独立杂志。
Saturday, October 27, 1787
1787 年 10 月 27 日，星期六
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
AFTER an unequivocal experience of the inefficacy of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America.
在明确感受到现有联邦政府的低效之后，您被要求审议美利坚合众国的新宪法。
The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the UNION, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world.
这个主题说明了它本身的重要性；其后果无非是联盟的存在、其组成部分的安全和福利、一个帝国的命运在许多方面都是世界上最有趣的。
It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.
人们经常说，似乎只有这个国家的人民才能通过他们的行为和榜样来决定这个重要的问题：人类社会是否真的有能力通过反思和选择建立良好的政府，或者他们的政治宪法是否永远注定要依赖于偶然和武力。
If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.
如果这句话有任何道理，那么我们所面临的危机就可以适当地被视为做出这一决定的时代。从这个角度来看，我们所采取的行动的错误选择可能会被视为人类的普遍不幸。
This idea will add the inducements of philanthropy to those of patriotism, to heighten the solicitude which all considerate and good men must feel for the event.
这一想法将在爱国主义的基础上增加慈善事业的动力，以提高所有有同情心的好人对这一事件的关心。
Happy will it be if our choice should be directed by a judicious estimate of our true interests, unperplexed and unbiased by considerations not connected with the public good.
如果我们的选择是基于对我们真正利益的明智估计，不受与公共利益无关的考虑的困扰和偏见，那将是一件令人高兴的事。
But this is a thing more ardently to be wished than seriously to be expected.
但这是人们热切希望的事情，而不是认真期待的事情。
The plan offered to our deliberations affects too many particular interests, innovates upon too many local institutions, not to involve in its discussion a variety of objects foreign to its merits, and of views, passions and prejudices little favorable to the discovery of truth.
供我们审议的计划影响了太多的特殊利益，对太多的地方机构进行了创新，而不是在其讨论中涉及与其优点无关的各种对象，以及不利于发现真理的观点、激情和偏见。
Among the most formidable of the obstacles which the new Constitution will have to encounter may readily be distinguished the obvious interest of a certain class of men in every State to resist all changes which may hazard a diminution of the power, emolument, and consequence of the offices they hold under the State establishments; and the perverted ambition of another class of men, who will either hope to aggrandize themselves by the confusions of their country, or will flatter themselves with fairer prospects of elevation from the subdivision of the empire into several partial confederacies than from its union under one government.
新宪法将面临的最艰巨的障碍中，很容易区分出每个州的某一类人的明显利益，他们抵制一切可能导致他们在国家机构中担任的职务的权力、报酬和后果减少的变革；还有另一类人的扭曲野心，他们要么希望通过国家的混乱来增强自己的权力，要么自以为将帝国分裂成几个局部邦联比在一个政府的统一下有更公平的前景。
It is not, however, my design to dwell upon observations of this nature.
然而，我的目的并不是要详述对这种性质的观察。
I am well aware that it would be disingenuous to resolve indiscriminately the opposition of any set of men (merely because their situations might subject them to suspicion) into interested or ambitious views.
我很清楚，不加区别地将任何一群人的反对意见（仅仅因为他们的处境可能使他们受到怀疑）转化为感兴趣或雄心勃勃的观点是不诚实的。
Candor will oblige us to admit that even such men may be actuated by upright intentions; and it cannot be doubted that much of the opposition which has made its appearance, or may hereafter make its appearance, will spring from sources, blameless at least, if not respectable--the honest errors of minds led astray by preconceived jealousies and fears.
坦率地说，我们不得不承认，即使是这样的人也可能是出于正直的意图。毫无疑问，许多已经出现的或今后可能出现的反对意见，其来源即使不值得尊敬，至少也是无可指摘的——先入为主的嫉妒和恐惧所导致的诚实的思想错误。
So numerous indeed and so powerful are the causes which serve to give a false bias to the judgment, that we, upon many occasions, see wise and good men on the wrong as well as on the right side of questions of the first magnitude to society.
造成判断错误的原因如此之多、如此之强大，以至于我们在很多情况下都看到智者和好人在社会最重要的问题上要么站在错误的一边，要么站在正确的一边。
This circumstance, if duly attended to, would furnish a lesson of moderation to those who are ever so much persuaded of their being in the right in any controversy.
如果适当注意这种情况，将为那些在任何争议中坚信自己是正确的人提供温和的教训。
And a further reason for caution, in this respect, might be drawn from the reflection that we are not always sure that those who advocate the truth are influenced by purer principles than their antagonists.
在这方面，需要谨慎的另一个原因可能来自这样的反思：我们并不总是确定那些倡导真理的人比他们的反对者受到更纯粹原则的影响。
Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question.
野心、贪婪、个人仇恨、党派反对以及许多其他并不比这些更值得称赞的动机，很容易对支持或反对问题正确一方的人产生同样的影响。
Were there not even these inducements to moderation, nothing could be more ill-judged than that intolerant spirit which has, at all times, characterized political parties.
如果连这些温和的诱因都没有，那么没有什么比政党始终具有的不宽容精神更错误的判断了。
For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword.
因为在政治中，就像在宗教中一样，以火与剑来改变人们的信仰是同样荒谬的。
Heresies in either can rarely be cured by persecution.
任何一方的异端邪说都很难通过迫害来治愈。
And yet, however just these sentiments will be allowed to be, we have already sufficient indications that it will happen in this as in all former cases of great national discussion.
然而，无论这些情绪如何被允许，我们已经有足够的迹象表明，就像以前所有重大全国性讨论的案例一样，这种情绪将会发生。
A torrent of angry and malignant passions will be let loose.
一股愤怒和恶毒的激情将会被释放出来。
To judge from the conduct of the opposite parties, we shall be led to conclude that they will mutually hope to evince the justness of their opinions, and to increase the number of their converts by the loudness of their declamations and the bitterness of their invectives.
从双方的行为来看，我们会得出这样的结论：他们都希望表明自己观点的公正性，并通过大声疾呼和恶毒谩骂来增加皈依者的数量。
An enlightened zeal for the energy and efficiency of government will be stigmatized as the offspring of a temper fond of despotic power and hostile to the principles of liberty.
对政府活力和效率的开明热情将被污蔑为喜欢专制权力和敌视自由原则的脾气的后代。
An over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, will be represented as mere pretense and artifice, the stale bait for popularity at the expense of the public good.
对人民权利危险的过分谨慎的嫉妒，更常见的是头脑的错误，而不是心灵的错误，将被描述为纯粹的借口和诡计，是牺牲公共利益来博取人气的陈腐诱饵。
It will be forgotten, on the one hand, that jealousy is the usual concomitant of love, and that the noble enthusiasm of liberty is apt to be infected with a spirit of narrow and illiberal distrust.
一方面，人们会忘记嫉妒通常是爱的伴随物，而对自由的崇高热情很容易受到狭隘和不自由的不信任精神的感染。
On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated; and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government.
另一方面，人们同样会忘记，政府的活力对于自由的保障至关重要。在考虑到合理且消息灵通的判断时，他们的利益永远无法分离；危险的野心往往潜伏在对人民权利的热情的似是而非的面具后面，而不是在对政府的坚定性和效率的热情的禁忌外表下。
History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants.
历史将告诉我们，前者比后者找到了一条更为确定的引入专制主义的道路，而在那些推翻共和国自由的人中，大多数人都是通过对人民的谄媚开始他们的职业生涯的。开始煽动者，结束暴君。
In the course of the preceding observations, I have had an eye, my fellow-citizens, to putting you upon your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost moment to your welfare, by any impressions other than those which may result from the evidence of truth.
在前面的观察过程中，我的同胞们，我一直希望你们提防来自任何方面的一切企图，在关乎你们福祉的最关键时刻，通过除事实证据之外的任何印象来影响你们的决定。
You will, no doubt, at the same time, have collected from the general scope of them, that they proceed from a source not unfriendly to the new Constitution.
毫无疑问，同时，您将从它们的一般范围中收集到它们的来源对新宪法并不不友好。
Yes, my countrymen, I own to you that, after having given it an attentive consideration, I am clearly of opinion it is your interest to adopt it.
是的，我的同胞们，我向你们承认，在认真考虑之后，我清楚地认为采用它符合你们的利益。
I am convinced that this is the safest course for your liberty, your dignity, and your happiness.
我相信，对于你的自由、尊严和幸福来说，这是最安全的途径。
I affect not reserves which I do not feel.
我影响的不是我感觉不到的储备。
I will not amuse you with an appearance of deliberation when I have decided.
当我做出决定时，我不会用深思熟虑的样子来逗你开心。
I frankly acknowledge to you my convictions, and I will freely lay before you the reasons on which they are founded.
我坦率地向你们承认我的信念，并且我将自由地向你们阐述这些信念所依据的理由。
The consciousness of good intentions disdains ambiguity.
善意的意识鄙视歧义。
I shall not, however, multiply professions on this head.
不过，我不会在这个问题上多加阐述。
My motives must remain in the depository of my own breast.
我的动机必须留在我自己的胸中。
My arguments will be open to all, and may be judged of by all.
我的论点将向所有人公开，并且可以由所有人来评判。
They shall at least be offered in a spirit which will not disgrace the cause of truth.
至少应当以一种不会羞辱真理事业的精神来提供它们。
I propose, in a series of papers, to discuss the following interesting particulars:
我建议在一系列论文中讨论以下有趣的细节：
THE UTILITY OF THE UNION TO YOUR POLITICAL PROSPERITY THE INSUFFICIENCY OF THE PRESENT CONFEDERATION TO PRESERVE THAT UNION THE NECESSITY OF A GOVERNMENT AT LEAST EQUALLY ENERGETIC WITH THE ONE PROPOSED, TO THE ATTAINMENT OF THIS OBJECT THE CONFORMITY OF THE PROPOSED CONSTITUTION TO THE TRUE PRINCIPLES OF REPUBLICAN GOVERNMENT ITS ANALOGY TO YOUR OWN STATE CONSTITUTION and lastly, THE ADDITIONAL SECURITY WHICH ITS ADOPTION WILL AFFORD TO THE PRESERVATION OF THAT SPECIES OF GOVERNMENT, TO LIBERTY, AND TO PROPERTY.
联盟对政治繁荣的效用 现有联邦不足以维持该联盟 需要一个至少与提议的政府具有同等活力的政府 为了实现这一目标 提议的宪法符合共和的真正原则政府将其与你们自己的州宪法进行类比，最后，其通过将为保护该类型的政府、自由和财产提供额外的安全保障。
In the progress of this discussion I shall endeavor to give a satisfactory answer to all the objections which shall have made their appearance, that may seem to have any claim to your attention.
在讨论过程中，我将努力对所有可能出现的、可能引起您注意的反对意见给出令人满意的答复。
It may perhaps be thought superfluous to offer arguments to prove the utility of the UNION, a point, no doubt, deeply engraved on the hearts of the great body of the people in every State, and one, which it may be imagined, has no adversaries.
也许人们认为提出论据来证明联盟的效用是多余的，毫无疑问，这一点深深地铭刻在每个州广大人民的心中，并且可以想象，一个国家没有对手。
But the fact is, that we already hear it whispered in the private circles of those who oppose the new Constitution, that the thirteen States are of too great extent for any general system, and that we must of necessity resort to separate confederacies of distinct portions of the whole.(1) This doctrine will, in all probability, be gradually propagated, till it has votaries enough to countenance an open avowal of it.
但事实是，我们已经在反对新宪法的人的私下里听到这样的说法，即十三个州对于任何一般制度来说都太大了，我们必须诉诸于整体不同部分的单独联盟。（1）这一学说很可能会逐渐传播，直到它有足够的选民支持公开承认它。
For nothing can be more evident, to those who are able to take an enlarged view of the subject, than the alternative of an adoption of the new Constitution or a dismemberment of the Union.
对于那些能够以更广泛的视角看待这个问题的人来说，没有什么比通过新宪法或解散联邦更明显的选择了。
It will therefore be of use to begin by examining the advantages of that Union, the certain evils, and the probable dangers, to which every State will be exposed from its dissolution.
因此，首先检查该联盟的优点、某些弊端以及每个州因联盟解体而可能面临的危险是有用的。
This shall accordingly constitute the subject of my next address.
因此，这将构成我下一次演讲的主题。
PUBLIUS
普布利乌斯
1.
1.
The same idea, tracing the arguments to their consequences, is held out in several of the late publications against the new Constitution.
最近的一些反对新宪法的出版物也提出了同样的想法，将论点追溯到其后果。
FEDERALIST No. 2
联邦党人2号
Concerning Dangers from Foreign Force and Influence
关于外国势力和影响的危险
For the Independent Journal.
对于独立杂志。
Wednesday, October 31, 1787
1787 年 10 月 31 日，星期三
JAY
杰伊
To the People of the State of New York:
致纽约州人民：
WHEN the people of America reflect that they are now called upon to decide a question, which, in its consequences, must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as a very serious, view of it, will be evident.
当美国人民反思他们现在被要求决定一个问题时，从其后果来看，这个问题必定是他们所关注的最重要的问题之一，他们对这个问题采取非常全面、非常严肃的看法的适当性就显而易见了。
Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers.
没有什么比政府不可或缺的必要性更确定的了，同样不可否认的是，无论何时何地建立政府，人民都必须向其放弃一些自然权利，以便赋予它必要的权力。
It is well worthy of consideration therefore, whether it would conduce more to the interest of the people of America that they should, to all general purposes, be one nation, under one federal government, or that they should divide themselves into separate confederacies, and give to the head of each the same kind of powers which they are advised to place in one national government.
因此，很值得考虑的是，为了所有普遍的目的，美国人民应该成为一个国家，受一个联邦政府管辖，还是应该将自己分成不同的邦联，并赋予每个邦联的首脑与他们建议赋予一个国家政府的权力相同的权力，这是否更有利于美国人民的利益。
It has until lately been a received and uncontradicted opinion that the prosperity of the people of America depended on their continuing firmly united, and the wishes, prayers, and efforts of our best and wisest citizens have been constantly directed to that object.
直到最近，人们一直认为，美国人民的繁荣取决于他们的持续坚定团结，而我们最优秀和最明智的公民的愿望、祈祷和努力也一直致力于实现这一目标。
But politicians now appear, who insist that this opinion is erroneous, and that instead of looking for safety and happiness in union, we ought to seek it in a division of the States into distinct confederacies or sovereignties.
但现在出现了政治家，他们坚持认为这种观点是错误的，我们不应该在联盟中寻求安全和幸福，而应该通过将各州划分为不同的邦联或主权来寻求安全和幸福。
However extraordinary this new doctrine may appear, it nevertheless has its advocates; and certain characters who were much opposed to it formerly, are at present of the number.
无论这一新学说看起来多么不同寻常，它仍然有它的拥护者。某些以前极力反对的人物，现在也成为了其中的一员。
Whatever may be the arguments or inducements which have wrought this change in the sentiments and declarations of these gentlemen, it certainly would not be wise in the people at large to adopt these new political tenets without being fully convinced that they are founded in truth and sound policy.
无论是什么论据或诱因导致这些先生们的情绪和宣言发生这种变化，对于广大人民来说，如果没有完全相信这些新的政治原则是建立在真理和正确的政策之上，那么接受这些新的政治原则肯定是不明智的。
It has often given me pleasure to observe that independent America was not composed of detached and distant territories, but that one connected, fertile, wide-spreading country was the portion of our western sons of liberty.
我常常很高兴地看到，独立的美国并不是由孤立和遥远的领土组成的，而是一个相连的、肥沃的、幅员辽阔的国家，是我们西方自由之子的一部分。
Providence has in a particular manner blessed it with a variety of soils and productions, and watered it with innumerable streams, for the delight and accommodation of its inhabitants.
上帝以特殊的方式赐予了它各种土壤和物产，并用无数的溪流浇灌它，以满足其居民的欢乐和住宿。
A succession of navigable waters forms a kind of chain round its borders, as if to bind it together; while the most noble rivers in the world, running at convenient distances, present them with highways for the easy communication of friendly aids, and the mutual transportation and exchange of their various commodities.
一连串的可通航水域在其边界周围形成了一种链条，仿佛将其捆绑在一起；而世界上最高贵的河流，由于距离便利，为它们提供了高速公路，以便于友好援助的沟通以及各种商品的相互运输和交换。
With equal pleasure I have as often taken notice that Providence has been pleased to give this one connected country to one united people--a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms, and efforts, fighting side by side throughout a long and bloody war, have nobly established general liberty and independence.
我同样高兴地注意到，上帝很高兴将这个相连的国家交给一个团结的人民——这个人民来自相同的祖先，说同一种语言，信奉同一种宗教，遵循相同的政府原则，他们的行为方式和习俗非常相似，他们通过共同的建议、武器和努力，在一场漫长而血腥的战争中并肩作战，崇高地建立了普遍的自由和独立。
This country and this people seem to have been made for each other, and it appears as if it was the design of Providence, that an inheritance so proper and convenient for a band of brethren, united to each other by the strongest ties, should never be split into a number of unsocial, jealous, and alien sovereignties.
这个国家和这个人民似乎是为彼此而生的，这似乎是上帝的设计，对于一群通过最牢固的纽带团结在一起的兄弟来说，如此合适和方便的继承权永远不应该分裂成许多不合群的、嫉妒的和陌生的主权。
Similar sentiments have hitherto prevailed among all orders and denominations of men among us.
迄今为止，类似的情绪在我们所有的阶层和教派中盛行。
To all general purposes we have uniformly been one people each individual citizen everywhere enjoying the same national rights, privileges, and protection.
就所有一般目的而言，我们始终是一个民族，每个地方的每个公民都享有相同的国家权利、特权和保护。
As a nation we have made peace and war; as a nation we have vanquished our common enemies; as a nation we have formed alliances, and made treaties, and entered into various compacts and conventions with foreign states.
作为一个国家，我们缔造了和平与战争；作为一个国家，我们战胜了我们共同的敌人；作为一个国家，我们与外国结成联盟，签订条约，签订各种契约和公约。
A strong sense of the value and blessings of union induced the people, at a very early period, to institute a federal government to preserve and perpetuate it.
对工会的价值和祝福的强烈意识促使人们在很早的时候就建立了联邦政府来维护和延续它。
They formed it almost as soon as they had a political existence; nay, at a time when their habitations were in flames, when many of their citizens were bleeding, and when the progress of hostility and desolation left little room for those calm and mature inquiries and reflections which must ever precede the formation of a wise and well-balanced government for a free people.
他们几乎一有政治存在就形成了它。不仅如此，在他们的住所着火的时候，当他们的许多公民流血的时候，当敌对和荒凉的进展几乎没有给那些冷静和成熟的询问和反思留下什么空间的时候，而这些冷静和成熟的询问和反思必须在为自由人民组建一个明智和平衡的政府之前进行。
It is not to be wondered at, that a government instituted in times so inauspicious, should on experiment be found greatly deficient and inadequate to the purpose it was intended to answer.
毫不奇怪，在如此不吉利的时代建立的政府，在实验中会发现其存在很大缺陷，不足以实现其预期目的。
This intelligent people perceived and regretted these defects.
这个聪明人察觉到了这些缺陷并为此感到遗憾。
Still continuing no less attached to union than enamored of liberty, they observed the danger which immediately threatened the former and more remotely the latter; and being persuaded that ample security for both could only be found in a national government more wisely framed, they as with one voice, convened the late convention at Philadelphia, to take that important subject under consideration.
他们仍然对联盟的热爱不亚于对自由的迷恋，他们观察到了直接威胁到前者的危险，更遥远的是后者的威胁。他们相信，只有在一个更明智的国家政府中才能为两国提供充分的安全，因此他们异口同声地在费城召开了最后一次会议，审议这一重要议题。
This convention composed of men who possessed the confidence of the people, and many of whom had become highly distinguished by their patriotism, virtue and wisdom, in times which tried the minds and hearts of men, undertook the arduous task.
这个大会由受到人民信任的人士组成，其中许多人因爱国主义、美德和智慧而闻名，在考验人们思想和心灵的时代，承担了艰巨的任务。
In the mild season of peace, with minds unoccupied by other subjects, they passed many months in cool, uninterrupted, and daily consultation; and finally, without having been awed by power, or influenced by any passions except love for their country, they presented and recommended to the people the plan produced by their joint and very unanimous councils.
在温和的和平季节里，他们的心思没有被其他话题占据，他们在冷静、不间断、每日的咨询中度过了好几个月。最后，他们没有对权力感到敬畏，也没有受到除了对国家的热爱以外的任何热情的影响，他们向人民提出并推荐了他们共同的、非常一致的委员会制定的计划。
Admit, for so is the fact, that this plan is only RECOMMENDED, not imposed, yet let it be remembered that it is neither recommended to BLIND approbation, nor to BLIND reprobation; but to that sedate and candid consideration which the magnitude and importance of the subject demand, and which it certainly ought to receive.
承认这一计划只是建议性的，而不是强加性的，但要记住，既不建议盲目批准，也不建议盲目谴责；但这个主题的重要性和重要性所要求的、当然也应该得到的冷静和坦诚的考虑。
But this (as was remarked in the foregoing number of this paper) is more to be wished than expected, that it may be so considered and examined.
但这（正如本文前文所述）比预期更令人希望，因此可以如此考虑和审查。
Experience on a former occasion teaches us not to be too sanguine in such hopes.
以往的经验告诉我们，不要对这种希望过于乐观。
It is not yet forgotten that well-grounded apprehensions of imminent danger induced the people of America to form the memorable Congress of 1774.
人们还没有忘记，对迫在眉睫的危险的充分担忧促使美国人民组建了 1774 年令人难忘的国会。
That body recommended certain measures to their constituents, and the event proved their wisdom; yet it is fresh in our memories how soon the press began to teem with pamphlets and weekly papers against those very measures.
该机构向其选民建议了某些措施，这一事件证明了他们的智慧；然而，我们记忆犹新的是，媒体很快就开始充斥着反对这些措施的小册子和周报。
Not only many of the officers of government, who obeyed the dictates of personal interest, but others, from a mistaken estimate of consequences, or the undue influence of former attachments, or whose ambition aimed at objects which did not correspond with the public good, were indefatigable in their efforts to persuade the people to reject the advice of that patriotic Congress.
不仅许多政府官员服从个人利益的支配，而且还有其他一些官员，由于对后果的错误估计，或以前依恋的不当影响，或他们的野心目标与公共利益不相符，都不知疲倦地努力说服人民拒绝爱国的国会的建议。
Many, indeed, were deceived and deluded, but the great majority of the people reasoned and decided judiciously; and happy they are in reflecting that they did so.
确实，很多人都被欺骗了，但大多数人都明智地进行了推理和决定。他们很高兴反思自己这样做了。
They considered that the Congress was composed of many wise and experienced men.
他们认为国会是由许多有智慧和经验丰富的人组成的。
That, being convened from different parts of the country, they brought with them and communicated to each other a variety of useful information.
他们从全国各地召集起来，带来并相互交流了各种有用的信息。
That, in the course of the time they passed together in inquiring into and discussing the true interests of their country, they must have acquired very accurate knowledge on that head.
在他们一起探讨和讨论国家真正利益的过程中，他们一定在这方面获得了非常准确的认识。
That they were individually interested in the public liberty and prosperity, and therefore that it was not less their inclination than their duty to recommend only such measures as, after the most mature deliberation, they really thought prudent and advisable.
他们个人对公共自由和繁荣感兴趣，因此，他们的倾向和义务就是只建议经过最成熟的审议后，他们真正认为审慎和可取的措施。
These and similar considerations then induced the people to rely greatly on the judgment and integrity of the Congress; and they took their advice, notwithstanding the various arts and endeavors used to deter them from it.
这些以及类似的考虑促使人们极大地依赖国会的判断力和诚信。他们接受了他们的建议，尽管有各种手段和努力来阻止他们这样做。
But if the people at large had reason to confide in the men of that Congress, few of whom had been fully tried or generally known, still greater reason have they now to respect the judgment and advice of the convention, for it is well known that some of the most distinguished members of that Congress, who have been since tried and justly approved for patriotism and abilities, and who have grown old in acquiring political information, were also members of this convention, and carried into it their accumulated knowledge and experience.
但是，如果广大人民有理由相信国会议员中很少有人经过充分考验或广为人知的话，那么他们现在更有理由尊重国民大会的判断和建议，因为众所周知，国会中一些最杰出的成员，他们自那以后因爱国主义和能力而受到考验和公正的认可，并且在获取政治信息的过程中变老，也是国民大会的成员，并将他们积累的知识和经验带入其中。
It is worthy of remark that not only the first, but every succeeding Congress, as well as the late convention, have invariably joined with the people in thinking that the prosperity of America depended on its Union.
值得注意的是，不仅是第一届国会，而且以后的每一届国会，以及后来的大会，都无一例外地与人民一致认为，美国的繁荣取决于其联邦。
To preserve and perpetuate it was the great object of the people in forming that convention, and it is also the great object of the plan which the convention has advised them to adopt.
维护和延续它是人民制定该公约的伟大目标，也是该公约建议他们通过的计划的伟大目标。
With what propriety, therefore, or for what good purposes, are attempts at this particular period made by some men to depreciate the importance of the Union?
因此，某些人在这个特定时期试图贬低联邦的重要性有什么正当理由，或者出于什么良好目的？
Or why is it suggested that three or four confederacies would be better than one?
或者为什么有人建议三个或四个联盟比一个联盟更好？
I am persuaded in my own mind that the people have always thought right on this subject, and that their universal and uniform attachment to the cause of the Union rests on great and weighty reasons, which I shall endeavor to develop and explain in some ensuing papers.
我坚信，人民在这个问题上的想法始终是正确的，他们对联邦事业的普遍和一致的依恋是基于伟大而重要的理由，我将在随后的一些文章中努力阐述和解释这些理由。
They who promote the idea of substituting a number of distinct confederacies in the room of the plan of the convention, seem clearly to foresee that the rejection of it would put the continuance of the Union in the utmost jeopardy.
那些提倡在大会计划中取代一些不同联盟的想法的人似乎清楚地预见到，如果拒绝这一计划，联邦的存续将面临最大的危险。
That certainly would be the case, and I sincerely wish that it may be as clearly foreseen by every good citizen, that whenever the dissolution of the Union arrives, America will have reason to exclaim, in the words of the poet: "FAREWELL!
情况肯定会如此，我真诚地希望每个好公民都能清楚地预见到，每当联邦解体到来时，美国都有理由用诗人的话说：“永别了！
A LONG FAREWELL TO ALL MY GREATNESS."
向我所有的伟大告别。”
PUBLIUS
普布利乌斯
FEDERALIST No. 3
联邦党人3号
The Same Subject Continued (Concerning Dangers From Foreign Force and Influence)
同一主题继续（关于外国势力和影响的危险）
For the Independent Journal.
对于独立杂志。
Saturday, November 3, 1787
1787 年 11 月 3 日，星期六
JAY
杰伊
To the People of the State of New York:
致纽约州人民：
IT IS not a new observation that the people of any country (if, like the Americans, intelligent and wellinformed) seldom adopt and steadily persevere for many years in an erroneous opinion respecting their interests.
任何国家的人民（如果像美国人那样聪明、消息灵通的话）很少会采纳并长期坚持尊重其利益的错误观点，这并不是什么新鲜事。
That consideration naturally tends to create great respect for the high opinion which the people of America have so long and uniformly entertained of the importance of their continuing firmly united under one federal government, vested with sufficient powers for all general and national purposes.
这种考虑自然会引起对美国人民长期以来一致认为的高度尊重，即他们继续坚定地团结在一个联邦政府的领导下，并为所有普遍和国家目的赋予足够的权力。
The more attentively I consider and investigate the reasons which appear to have given birth to this opinion, the more I become convinced that they are cogent and conclusive.
我越仔细地考虑和调查产生这种观点的原因，我就越相信它们是有说服力和结论性的。
Among the many objects to which a wise and free people find it necessary to direct their attention, that of providing for their SAFETY seems to be the first.
在明智和自由的人们发现有必要关注的许多目标中，保障他们的安全似乎是首要的。
The SAFETY of the people doubtless has relation to a great variety of circumstances and considerations, and consequently affords great latitude to those who wish to define it precisely and comprehensively.
人民的安全无疑与各种各样的情况和考虑因素有关，因此为那些希望准确而全面地定义它的人提供了很大的自由度。
At present I mean only to consider it as it respects security for the preservation of peace and tranquillity, as well as against dangers from FOREIGN ARMS AND INFLUENCE, as from dangers of the LIKE KIND arising from domestic causes.
目前我只想考虑它，因为它尊重维护和平与安宁的安全，以及抵御外国武器和影响的危险，以及国内原因引起的类似危险。
As the former of these comes first in order, it is proper it should be the first discussed.
由于前者按顺序排在第一位，因此应该首先讨论它。
Let us therefore proceed to examine whether the people are not right in their opinion that a cordial Union, under an efficient national government, affords them the best security that can be devised against HOSTILITIES from abroad.
因此，让我们继续研究一下，人民的看法是否正确，即在一个高效的国家政府领导下，一个真诚的联盟可以为他们提供最好的安全保障，以抵御来自国外的敌对行动。
The number of wars which have happened or will happen in the world will always be found to be in proportion to the number and weight of the causes, whether REAL or PRETENDED, which PROVOKE or INVITE them.
世界上已经发生或将要发生的战争的数量总是与引发或邀请战争的原因的数量和重要性成正比，无论这些原因是真实的还是假装的。
If this remark be just, it becomes useful to inquire whether so many JUST causes of war are likely to be given by UNITED AMERICA as by DISUNITED America; for if it should turn out that United America will probably give the fewest, then it will follow that in this respect the Union tends most to preserve the people in a state of peace with other nations.
如果这个评论是公正的，那么询问美国是否可能像分裂的美国那样提出如此多的正义战争理由就变得有用了。因为如果事实证明美利坚合众国可能给予的最少，那么在这方面，联邦最倾向于维护人民与其他国家的和平状态。
The JUST causes of war, for the most part, arise either from violation of treaties or from direct violence.
战争的正义起因在很大程度上要么源于违反条约，要么源于直接暴力。
America has already formed treaties with no less than six foreign nations, and all of them, except Prussia, are maritime, and therefore able to annoy and injure us.
美国已经与至少六个国家签订了条约，而除普鲁士外，所有这些国家都是海上国家，因此能够骚扰和伤害我们。
She has also extensive commerce with Portugal, Spain, and Britain, and, with respect to the two latter, has, in addition, the circumstance of neighborhood to attend to.
她还与葡萄牙、西班牙和英国有广泛的贸易往来，对于后两者，她还需要注意邻里的情况。
It is of high importance to the peace of America that she observe the laws of nations towards all these powers, and to me it appears evident that this will be more perfectly and punctually done by one national government than it could be either by thirteen separate States or by three or four distinct confederacies.
对于美国的和平来说，她遵守针对所有这些国家的国际法是非常重要的，在我看来，很明显，一个国家政府比十三个独立的州或三四个不同的邦联更完美和准时地做到这一点。
Because when once an efficient national government is established, the best men in the country will not only consent to serve, but also will generally be appointed to manage it; for, although town or country, or other contracted influence, may place men in State assemblies, or senates, or courts of justice, or executive departments, yet more general and extensive reputation for talents and other qualifications will be necessary to recommend men to offices under the national government,--especially as it will have the widest field for choice, and never experience that want of proper persons which is not uncommon in some of the States.
因为一旦建立起一个高效的国家政府，国内最优秀的人才不仅会同意服务，而且一般都会被任命来管理它；因为，尽管城镇或乡村或其他契约影响力可以将人员安置在州议会、参议院、法院或行政部门，但要推荐人员到国家政府的职位，就需要在人才和其他资格方面有更普遍和广泛的声誉——特别是因为它将有最广泛的选择领域，并且永远不会遇到在某些州并不罕见的合适人才的匮乏。
Hence, it will result that the administration, the political counsels, and the judicial decisions of the national government will be more wise, systematical, and judicious than those of individual States, and consequently more satisfactory with respect to other nations, as well as more SAFE with respect to us.
因此，国家政府的行政管理、政治顾问和司法决定将比个别国家更加明智、系统和明智，从而使其他国家更加满意，对我们来说也更加安全。
Because, under the national government, treaties and articles of treaties, as well as the laws of nations, will always be expounded in one sense and executed in the same manner,--whereas, adjudications on the same points and questions, in thirteen States, or in three or four confederacies, will not always accord or be consistent; and that, as well from the variety of independent courts and judges appointed by different and independent governments, as from the different local laws and interests which may affect and influence them.
因为，在国家政府统治下，条约和条约条款以及国际法总是以一种含义来解释并以相同的方式执行，而在十三个州或三四个邦联中对相同要点和问题的裁决并不总是一致或一致；以及不同独立政府任命的各种独立法院和法官，以及可能影响和影响他们的不同当地法律和利益。
The wisdom of the convention, in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government, cannot be too much commended.
该公约将这些问题交给由一国政府任命并只对一国政府负责的法院进行管辖和判决，这一做法的智慧是值得赞扬的。
Because the prospect of present loss or advantage may often tempt the governing party in one or two States to swerve from good faith and justice; but those temptations, not reaching the other States, and consequently having little or no influence on the national government, the temptation will be fruitless, and good faith and justice be preserved.
因为当前损失或优势的前景可能常常会诱使一两个州的执政党背离诚信和正义；但这些诱惑不会到达其他州，因此对国家政府影响很小或根本没有影响，诱惑将是徒劳的，善意和正义将得到保留。
The case of the treaty of peace with Britain adds great weight to this reasoning.
与英国签订的和平条约的例子为这一推理增添了很大的分量。
Because, even if the governing party in a State should be disposed to resist such temptations, yet as such temptations may, and commonly do, result from circumstances peculiar to the State, and may affect a great number of the inhabitants, the governing party may not always be able, if willing, to prevent the injustice meditated, or to punish the aggressors.
因为，即使一个州的执政党应该抵制这种诱惑，但由于这种诱惑可能而且通常是由该州特有的情况引起的，并且可能影响到大量居民，因此，如果执政党愿意的话，可能并不总是能够阻止所谋划的不公正行为或惩罚侵略者。
But the national government, not being affected by those local circumstances, will neither be induced to commit the wrong themselves, nor want power or inclination to prevent or punish its commission by others.
但中央政府不受当地情况的影响，不会被诱使自己犯下错误，也不会希望有权力或倾向来阻止或惩罚他人的错误。
So far, therefore, as either designed or accidental violations of treaties and the laws of nations afford JUST causes of war, they are less to be apprehended under one general government than under several lesser ones, and in that respect the former most favors the SAFETY of the people.
因此，到目前为止，无论是有意还是无意地违反条约和国际法都是战争的起因，在一个总政府的领导下，它们比在几个较小的政府下更容易受到逮捕，在这方面，前者最有利于人民的安全。
As to those just causes of war which proceed from direct and unlawful violence, it appears equally clear to me that one good national government affords vastly more security against dangers of that sort than can be derived from any other quarter.
至于那些由直接和非法暴力引发的战争的正义原因，在我看来同样清楚的是，一个好的国家政府能够比任何其他方面提供更多的安全保障来应对此类危险。
Because such violences are more frequently caused by the passions and interests of a part than of the whole; of one or two States than of the Union.
因为这种暴力更多地是由部分人的激情和利益引起的，而不是整体的；一个或两个国家而不是联盟。
Not a single Indian war has yet been occasioned by aggressions of the present federal government, feeble as it is; but there are several instances of Indian hostilities having been provoked by the improper conduct of individual States, who, either unable or unwilling to restrain or punish offenses, have given occasion to the slaughter of many innocent inhabitants.
迄今为止，还没有一场印度战争是由现任联邦政府的侵略引发的，尽管它很软弱。但也有一些印度敌对行动是由个别国家的不当行为引发的，这些国家要么无法或不愿意限制或惩罚犯罪行为，导致许多无辜居民被屠杀。
The neighborhood of Spanish and British territories, bordering on some States and not on others, naturally confines the causes of quarrel more immediately to the borderers.
西班牙和英国领土毗邻，与一些国家接壤，但与其他国家不接壤，自然将争吵的根源更直接地限制在边境地区。
The bordering States, if any, will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury, will be most likely, by direct violence, to excite war with these nations; and nothing can so effectually obviate that danger as a national government, whose wisdom and prudence will not be diminished by the passions which actuate the parties immediately interested.
邻国（如果有的话）将是那些在突然的刺激和明显的利益或伤害的快速感觉下最有可能通过直接暴力与这些国家发动战争的国家；没有什么比国家政府更能有效地消除这种危险了，它的智慧和审慎不会因为立即感兴趣的各方的热情而减弱。
But not only fewer just causes of war will be given by the national government, but it will also be more in their power to accommodate and settle them amicably.
但国家政府不仅会减少提出战争的正当理由，而且也会有更多的权力来友好地解决和解决战争。
They will be more temperate and cool, and in that respect, as well as in others, will be more in capacity to act advisedly than the offending State.
他们将更加温和和冷静，在这方面以及其他方面，他们将比犯罪国家更有能力采取审慎行动。
The pride of states, as well as of men, naturally disposes them to justify all their actions, and opposes their acknowledging, correcting, or repairing their errors and offenses.
国家以及人类的骄傲自然会促使他们为自己的一切行为辩护，并反对他们承认、纠正或修复自己的错误和过失。
The national government, in such cases, will not be affected by this pride, but will proceed with moderation and candor to consider and decide on the means most proper to extricate them from the difficulties which threaten them.
在这种情况下，国家政府不会受到这种骄傲的影响，而是会以温和和坦诚的态度来考虑和决定最适当的手段，使他们摆脱威胁他们的困难。
Besides, it is well known that acknowledgments, explanations, and compensations are often accepted as satisfactory from a strong united nation, which would be rejected as unsatisfactory if offered by a State or confederacy of little consideration or power.
此外，众所周知，一个强大的联合体所提供的致谢、解释和补偿往往被认为是令人满意的，而如果是由一个没有什么考虑或权力的国家或邦联提供的，则会被拒绝，因为这些补偿是不令人满意的。
In the year 1685, the state of Genoa having offended Louis XIV., endeavored to appease him.
1685年，热那亚政府得罪了路易十四，试图安抚他。
He demanded that they should send their Doge, or chief magistrate, accompanied by four of their senators, to FRANCE, to ask his pardon and receive his terms.
他要求他们派总督或首席法官在四名参议员的陪同下前往法国，请求他的赦免并接受他的条件。
They were obliged to submit to it for the sake of peace.
为了和平，他们不得不服从它。
Would he on any occasion either have demanded or have received the like humiliation from Spain, or Britain, or any other POWERFUL nation?
他是否会在任何场合要求或接受来自西班牙、英国或任何其他强国的类似羞辱？
PUBLIUS
普布利乌斯
FEDERALIST No. 4
联邦党人4号
The Same Subject Continued (Concerning Dangers From Foreign Force and Influence)
同一主题继续（关于外国势力和影响的危险）
For the Independent Journal.
对于独立杂志。
Wednesday, November 7, 1787
1787 年 11 月 7 日，星期三
JAY
杰伊
To the People of the State of New York:
致纽约州人民：
MY LAST paper assigned several reasons why the safety of the people would be best secured by union against the danger it may be exposed to by JUST causes of war given to other nations; and those reasons show that such causes would not only be more rarely given, but would also be more easily accommodated, by a national government than either by the State governments or the proposed little confederacies.
我的上一篇论文给出了几个理由，说明为什么联合起来可以最好地保障人民的安全，防止因向其他国家发动正义战争而可能面临的危险；这些理由表明，与州政府或拟议的小联盟相比，国家政府不仅很少提出这样的理由，而且更容易满足这些理由。
But the safety of the people of America against dangers from FOREIGN force depends not only on their forbearing to give JUST causes of war to other nations, but also on their placing and continuing themselves in such a situation as not to INVITE hostility or insult; for it need not be observed that there are PRETENDED as well as just causes of war.
但是，美国人民免受外国武力威胁的安全不仅取决于他们对其他国家的正义战争理由的克制，而且还取决于他们将自己置于并继续处于不招致敌意或侮辱的境地；因为不必说，战争的起因既有假装的，也有正当的。
It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it; nay, absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans.
确实，无论对人性来说有多么可耻，只要有希望从战争中获得任何好处，一般国家都会发动战争；但事实是，无论这对人性来说是多么可耻，只要有希望从中获得任何利益，国家就会发动战争。不仅如此，专制君主往往会在国家一无所获时发动战争，而只是为了个人的目的和目标，例如对军事荣耀的渴望、对个人侮辱的报复、野心或为了壮大或支持其特定家庭或党派的私人契约。
These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people.
这些以及其他各种动机只影响主权者的思想，常常导致他卷入不被正义或人民的呼声和利益所神圣化的战争。
But, independent of these inducements to war, which are more prevalent in absolute monarchies, but which well deserve our attention, there are others which affect nations as often as kings; and some of them will on examination be found to grow out of our relative situation and circumstances.
但是，除了这些引发战争的诱因之外，这些诱因在君主专制国家中更为普遍，但也很值得我们关注，还有其他一些因素对国家的影响和对国王的影响一样频繁。经过检验，我们会发现其中一些是从我们的相对处境和环境中产生的。
With France and with Britain we are rivals in the fisheries, and can supply their markets cheaper than they can themselves, notwithstanding any efforts to prevent it by bounties on their own or duties on foreign fish.
我们与法国和英国在渔业上是竞争对手，并且可以比他们自己更便宜地供应他们的市场，尽管我们通过自己的赏金或对外国鱼类征收关税来阻止这种情况。
With them and with most other European nations we are rivals in navigation and the carrying trade; and we shall deceive ourselves if we suppose that any of them will rejoice to see it flourish; for, as our carrying trade cannot increase without in some degree diminishing theirs, it is more their interest, and will be more their policy, to restrain than to promote it.
我们与他们以及大多数其他欧洲国家在航运和运输贸易方面是竞争对手；如果我们认为他们中的任何人会高兴地看到它的蓬勃发展，我们就欺骗了自己。因为，由于我们的转口贸易不可能在一定程度上减少他们的转口贸易，因此限制而不是促进转口贸易更符合他们的利益，也更符合他们的政策。
In the trade to China and India, we interfere with more than one nation, inasmuch as it enables us to partake in advantages which they had in a manner monopolized, and as we thereby supply ourselves with commodities which we used to purchase from them.
在对中国和印度的贸易中，我们干涉了多个国家，因为这使我们能够分享他们以某种方式垄断的优势，从而为自己提供过去从他们那里购买的商品。
The extension of our own commerce in our own vessels cannot give pleasure to any nations who possess territories on or near this continent, because the cheapness and excellence of our productions, added to the circumstance of vicinity, and the enterprise and address of our merchants and navigators, will give us a greater share in the advantages which those territories afford, than consists with the wishes or policy of their respective sovereigns.
在我们自己的船只上拓展我们自己的商业活动，不会让任何在这片大陆上或附近拥有领土的国家感到高兴，因为我们产品的廉价和卓越，再加上邻近的环境，以及我们商人和航海家的进取心和地址，将使我们在这些领土所提供的优势中获得更大的份额，而不是与他们各自主权者的愿望或政策相一致。
Spain thinks it convenient to shut the Mississippi against us on the one side, and Britain excludes us from the Saint Lawrence on the other; nor will either of them permit the other waters which are between them and us to become the means of mutual intercourse and traffic.
西班牙认为一方面可以方便地关闭密西西比河以防止我们进入，另一方面英国则将我们排除在圣劳伦斯河之外；他们也不会允许他们和我们之间的其他水域成为相互交往和交通的通道。
From these and such like considerations, which might, if consistent with prudence, be more amplified and detailed, it is easy to see that jealousies and uneasinesses may gradually slide into the minds and cabinets of other nations, and that we are not to expect that they should regard our advancement in union, in power and consequence by land and by sea, with an eye of indifference and composure.
从这些以及类似的考虑中，如果谨慎的话，可能会更加放大和详细，我们很容易看出，嫉妒和不安可能会逐渐进入其他国家的思想和内阁，我们不能指望他们会以冷漠和镇静的眼光看待我们在陆地和海上的联盟、权力和后果方面的进步。
The people of America are aware that inducements to war may arise out of these circumstances, as well as from others not so obvious at present, and that whenever such inducements may find fit time and opportunity for operation, pretenses to color and justify them will not be wanting.
美国人民意识到，这些情况以及目前不那么明显的其他情况可能会引起战争的诱因，而且每当这种诱因找到合适的时间和机会进行操作时，就不会缺少借口来粉饰它们并为它们辩护。
Wisely, therefore, do they consider union and a good national government as necessary to put and keep them in SUCH A SITUATION as, instead of INVITING war, will tend to repress and discourage it.
因此，他们明智地认为，联盟和一个好的国家政府对于将他们置于这样的境地是必要的，这样不仅不会引发战争，反而会镇压和阻止战争。
That situation consists in the best possible state of defense, and necessarily depends on the government, the arms, and the resources of the country.
这种情况包括最佳的防御状态，并且必然取决于政府、武器和国家资源。
As the safety of the whole is the interest of the whole, and cannot be provided for without government, either one or more or many, let us inquire whether one good government is not, relative to the object in question, more competent than any other given number whatever.
由于整体的安全是整体的利益，没有政府（无论是一个、多个还是多个）就无法保证整体的安全，让我们来探讨一下，相对于所讨论的对象，一个好的政府是否比任何其他给定的数字更有能力。
One government can collect and avail itself of the talents and experience of the ablest men, in whatever part of the Union they may be found.
一国政府可以收集和利用最有能力的人的才能和经验，无论他们来自联邦的任何部分。
It can move on uniform principles of policy.
它可以按照统一的政策原则行事。
It can harmonize, assimilate, and protect the several parts and members, and extend the benefit of its foresight and precautions to each.
它可以协调、同化和保护多个部分和成员，并将其远见和预防措施的好处延伸到每个部分和成员。
In the formation of treaties, it will regard the interest of the whole, and the particular interests of the parts as connected with that of the whole.
在缔结条约时，它会考虑整体的利益，并将局部的特定利益与整体的利益联系起来。
It can apply the resources and power of the whole to the defense of any particular part, and that more easily and expeditiously than State governments or separate confederacies can possibly do, for want of concert and unity of system.
它可以运用整体的资源和力量来保卫任何特定的部分，并且比州政府或单独的邦联更容易、更迅速地做到这一点，因为缺乏系统的协调和统一。
It can place the militia under one plan of discipline, and, by putting their officers in a proper line of subordination to the Chief Magistrate, will, as it were, consolidate them into one corps, and thereby render them more efficient than if divided into thirteen or into three or four distinct independent companies.
它可以将民兵置于一个纪律计划之下，并通过将其军官置于首席行政长官的适当下属地位，可以说，将他们合并为一个军团，从而使他们比分成十三个或三个或四个不同的独立连更有效率。
What would the militia of Britain be if the English militia obeyed the government of England, if the Scotch militia obeyed the government of Scotland, and if the Welsh militia obeyed the government of Wales?
如果英格兰民兵服从英格兰政府，如果苏格兰民兵服从苏格兰政府，如果威尔士民兵服从威尔士政府，那么英国的民兵会是什么样子呢？
Suppose an invasion; would those three governments (if they agreed at all) be able, with all their respective forces, to operate against the enemy so effectually as the single government of Great Britain would?
假设发生入侵；这三个政府（如果他们同意的话）能够凭借各自的全部力量，像英国单一政府那样有效地对抗敌人吗？
We have heard much of the fleets of Britain, and the time may come, if we are wise, when the fleets of America may engage attention.
我们已经听过很多关于英国舰队的消息，如果我们明智的话，美国舰队可能会引起人们的注意。
But if one national government, had not so regulated the navigation of Britain as to make it a nursery for seamen--if one national government had not called forth all the national means and materials for forming fleets, their prowess and their thunder would never have been celebrated.
但是，如果一国政府没有如此规范英国的航行，使之成为海员的温床——如果一国政府没有动员所有国家手段和材料来组建舰队，那么他们的英勇和雷霆就永远不会受到赞扬。
Let England have its navigation and fleet--let Scotland have its navigation and fleet--let Wales have its navigation and fleet--let Ireland have its navigation and fleet--let those four of the constituent parts of the British empire be under four independent governments, and it is easy to perceive how soon they would each dwindle into comparative insignificance.
让英格兰拥有自己的航海和舰队——让苏格兰拥有自己的航海和舰队——让威尔士拥有自己的航海和舰队——让爱尔兰拥有自己的航海和舰队——让大英帝国的这四个组成部分由四个独立政府管辖，很容易看出它们很快就会变得相对无足轻重。
Apply these facts to our own case.
将这些事实应用到我们自己的案例中。
Leave America divided into thirteen or, if you please, into three or four independent governments--what armies could they raise and pay--what fleets could they ever hope to have?
如果美国分裂成十三个，或者如果你愿意的话，分裂成三个或四个独立政府——他们可以召集和支付什么军队？他们可以希望拥有什么舰队？
If one was attacked, would the others fly to its succor, and spend their blood and money in its defense?
如果一个国家受到攻击，其他国家会飞去救援，并为保卫它而付出鲜血和金钱吗？
Would there be no danger of their being flattered into neutrality by its specious promises, or seduced by a too great fondness for peace to decline hazarding their tranquillity and present safety for the sake of neighbors, of whom perhaps they have been jealous, and whose importance they are content to see diminished?
难道他们不会因为其似是而非的承诺而奉承中立，或者因为过于热爱和平而拒绝为了邻居而牺牲自己的安宁和现有的安全吗？他们可能一直嫉妒邻居，并且乐于看到邻居的重要性被削弱？
Although such conduct would not be wise, it would, nevertheless, be natural.
尽管这种行为并不明智，但却是很自然的。
The history of the states of Greece, and of other countries, abounds with such instances, and it is not improbable that what has so often happened would, under similar circumstances, happen again.
希腊和其他国家的历史上有很多这样的例子，在类似的情况下，经常发生的事情也有可能再次发生。
But admit that they might be willing to help the invaded State or confederacy.
但承认他们可能愿意帮助被入侵的国家或邦联。
How, and when, and in what proportion shall aids of men and money be afforded?
如何、何时、以何种比例提供人力和资金援助？
Who shall command the allied armies, and from which of them shall he receive his orders?
谁将指挥联军，他将从谁那里接受命令？
Who shall settle the terms of peace, and in case of disputes what umpire shall decide between them and compel acquiescence?
谁应解决和平条款，如果出现争议，由哪位裁判员在他们之间做出决定并迫使他们默许？
Various difficulties and inconveniences would be inseparable from such a situation; whereas one government, watching over the general and common interests, and combining and directing the powers and resources of the whole, would be free from all these embarrassments, and conduce far more to the safety of the people.
各种困难和不便都与这种情况密不可分；而一个政府，关注整体和共同利益，整合和指挥整体的权力和资源，就不会出现所有这些尴尬，而且更有利于人民的安全。
But whatever may be our situation, whether firmly united under one national government, or split into a number of confederacies, certain it is, that foreign nations will know and view it exactly as it is; and they will act toward us accordingly.
但无论我们的情况如何，无论是牢固地团结在一个国家政府的领导下，还是分裂成许多联盟，外国国家肯定会完全了解并看待它的本来面目。他们也会相应地对待我们。
If they see that our national government is efficient and well administered, our trade prudently regulated, our militia properly organized and disciplined, our resources and finances discreetly managed, our credit re-established, our people free, contented, and united, they will be much more disposed to cultivate our friendship than provoke our resentment.
如果他们看到我们的国家政府高效、管理良好，我们的贸易受到审慎监管，我们的民兵组织和纪律良好，我们的资源和财政得到谨慎管理，我们的信用得到重建，我们的人民自由、满足和团结，他们将更愿意培养我们的友谊，而不是激起我们的怨恨。
If, on the other hand, they find us either destitute of an effectual government (each State doing right or wrong, as to its rulers may seem convenient), or split into three or four independent and probably discordant republics or confederacies, one inclining to Britain, another to France, and a third to Spain, and perhaps played off against each other by the three, what a poor, pitiful figure will America make in their eyes!
另一方面，如果他们发现我们要么缺乏一个有效的政府（每个国家都做对或错，就其统治者而言可能看起来很方便），要么分裂成三四个独立的、可能不和谐的共和国或邦联，一个倾向于英国，另一个倾向于法国，第三个倾向于西班牙，也许这三个国家相互竞争，那么美国在他们眼中将成为一个多么可怜的人物啊！
How liable would she become not only to their contempt but to their outrage, and how soon would dear-bought experience proclaim that when a people or family so divide, it never fails to be against themselves.
她不仅会受到他们的蔑视，还会受到他们的愤怒，而花重钱买来的经验很快就会表明，当一个民族或家庭如此分裂时，它永远不会不反对他们自己。
PUBLIUS
普布利乌斯
FEDERALIST No. 5
联邦党人5号
The Same Subject Continued (Concerning Dangers From Foreign Force and Influence)
同一主题继续（关于外国势力和影响的危险）
For the Independent Journal.
对于独立杂志。
Saturday, November 10, 1787
1787 年 11 月 10 日，星期六
JAY
杰伊
To the People of the State of New York:
致纽约州人民：
QUEEN ANNE, in her letter of the 1st July, 1706, to the Scotch Parliament, makes some observations on the importance of the UNION then forming between England and Scotland, which merit our attention.
安妮女王在 1706 年 7 月 1 日致苏格兰议会的信中，对英格兰和苏格兰当时形成的联盟的重要性提出了一些看法，值得我们注意。
I shall present the public with one or two extracts from it: "An entire and perfect union will be the solid foundation of lasting peace: It will secure your religion, liberty, and property; remove the animosities amongst yourselves, and the jealousies and differences betwixt our two kingdoms.
我将向公众展示其中的一两段摘录：“一个完整而完美的联盟将成为持久和平的坚实基础：它将保护你们的宗教、自由和财产；消除你们之间的仇恨以及我们两个王国之间的嫉妒和分歧。
It must increase your strength, riches, and trade; and by this union the whole island, being joined in affection and free from all apprehensions of different interest, will be ENABLED TO RESIST ALL ITS ENEMIES." "We most earnestly recommend to you calmness and unanimity in this great and weighty affair, that the union may be brought to a happy conclusion, being the only EFFECTUAL way to secure our present and future happiness, and disappoint the designs of our and your enemies, who will doubtless, on this occasion, USE THEIR UTMOST ENDEAVORS TO PREVENT OR DELAY THIS UNION."
它必须增加你的力量、财富和贸易；通过这种联合，整个岛屿将充满感情，不受任何不同利益的担忧，将能够抵抗所有的敌人。” “我们诚挚地建议您在这一重大而重大的事件中保持冷静和一致，以便使合并能够达成一个圆满的结局，这是确保我们现在和未来幸福的唯一有效途径，并让我们和你们的敌人的图谋失望，他们无疑会在这种情况下尽最大努力来阻止或推迟这一合并。”
It was remarked in the preceding paper, that weakness and divisions at home would invite dangers from abroad; and that nothing would tend more to secure us from them than union, strength, and good government within ourselves.
上一篇文章指出，国内的软弱和分裂会招致国外的危险；没有什么比我们内部的团结、力量和良好的政府更能保护我们免受它们的侵害。
This subject is copious and cannot easily be exhausted.
这个主题内容丰富，不容易穷尽。
The history of Great Britain is the one with which we are in general the best acquainted, and it gives us many useful lessons.
英国的历史是我们最熟悉的历史，它给了我们许多有用的教训。
We may profit by their experience without paying the price which it cost them.
我们可以从他们的经验中获益，而不必付出他们所付出的代价。
Although it seems obvious to common sense that the people of such an island should be but one nation, yet we find that they were for ages divided into three, and that those three were almost constantly embroiled in quarrels and wars with one another.
尽管按照常识，这样一个岛屿上的人民应该只是一个民族，但我们发现他们在很长一段时间里被分成三个，而这三个人几乎不断地卷入彼此的争吵和战争。
Notwithstanding their true interest with respect to the continental nations was really the same, yet by the arts and policy and practices of those nations, their mutual jealousies were perpetually kept inflamed, and for a long series of years they were far more inconvenient and troublesome than they were useful and assisting to each other.
尽管他们对大陆国家的真正利益确实是相同的，但由于这些国家的艺术、政策和实践，他们之间的相互嫉妒永远在燃烧，在漫长的岁月里，他们给彼此带来的不便和麻烦远远超过了他们对彼此的有用和帮助。
Should the people of America divide themselves into three or four nations, would not the same thing happen?
如果美国人民分裂成三四个国家，同样的事情不会发生吗？
Would not similar jealousies arise, and be in like manner cherished?
难道不会产生类似的嫉妒，并以同样的方式珍惜吗？
Instead of their being "joined in affection" and free from all apprehension of different "interests," envy and jealousy would soon extinguish confidence and affection, and the partial interests of each confederacy, instead of the general interests of all America, would be the only objects of their policy and pursuits.
他们不会“心心相印”，不会对不同的“利益”抱有任何顾虑，嫉妒和嫉妒很快就会消除信心和感情，每个邦联的局部利益，而不是整个美国的整体利益，将成为他们政策和追求的唯一目标。
Hence, like most other BORDERING nations, they would always be either involved in disputes and war, or live in the constant apprehension of them.
因此，像大多数其他边境国家一样，他们要么总是卷入争端和战争，要么生活在不断的恐惧之中。
The most sanguine advocates for three or four confederacies cannot reasonably suppose that they would long remain exactly on an equal footing in point of strength, even if it was possible to form them so at first; but, admitting that to be practicable, yet what human contrivance can secure the continuance of such equality?
最乐观的三四个同盟的拥护者也不能合理地认为它们将长期保持在实力上完全平等的地位，即使一开始有可能形成这样的同盟。但是，承认这是可行的，但是人类的什么发明能够确保这种平等的持续呢？
Independent of those local circumstances which tend to beget and increase power in one part and to impede its progress in another, we must advert to the effects of that superior policy and good management which would probably distinguish the government of one above the rest, and by which their relative equality in strength and consideration would be destroyed.
独立于那些倾向于在某一方面产生和增强权力并阻碍其在另一方面进步的当地环境，我们必须注意优越政策和良好管理的效果，这可能会使一个国家的政府优于其他国家，但它们在实力和考虑方面的相对平等将被破坏。
For it cannot be presumed that the same degree of sound policy, prudence, and foresight would uniformly be observed by each of these confederacies for a long succession of years.
因为不能假设这些联盟中的每一个都会在很长一段时间内一致地遵守同样程度的健全政策、审慎和远见。
Whenever, and from whatever causes, it might happen, and happen it would, that any one of these nations or confederacies should rise on the scale of political importance much above the degree of her neighbors, that moment would those neighbors behold her with envy and with fear.
无论何时，无论出于什么原因，如果这些国家或联盟中的任何一个国家或联盟的政治重要性上升到远高于其邻国的程度，那么这些国家或联盟中的任何一个都可能发生，并且确实会发生，那一刻，那些邻国就会以嫉妒和恐惧的眼光看待她。
Both those passions would lead them to countenance, if not to promote, whatever might promise to diminish her importance; and would also restrain them from measures calculated to advance or even to secure her prosperity.
这两种热情都会导致他们支持（如果不是提倡的话）任何可能削弱她重要性的事情。并且还会限制他们采取旨在促进甚至确保她的繁荣的措施。
Much time would not be necessary to enable her to discern these unfriendly dispositions.
她不需要太多时间就能辨别出这些不友好的性格。
She would soon begin, not only to lose confidence in her neighbors, but also to feel a disposition equally unfavorable to them.
她很快就会开始不仅对邻居失去信心，而且也会感到一种对他们同样不利的性格。
Distrust naturally creates distrust, and by nothing is good-will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied.
不信任自然会产生不信任，没有什么比恶意的嫉妒和不诚实的指责（无论是明示的还是暗示的）更能迅速改变善意和善良的行为了。
The North is generally the region of strength, and many local circumstances render it probable that the most Northern of the proposed confederacies would, at a period not very distant, be unquestionably more formidable than any of the others.
北方通常是实力雄厚的地区，许多当地情况使得拟议中的联盟中最北方的联盟在不久的将来无疑会比其他联盟更强大。
No sooner would this become evident than the NORTHERN HIVE would excite the same ideas and sensations in the more southern parts of America which it formerly did in the southern parts of Europe.
一旦这一点变得明显，北方蜂巢就会在美国南部地区激起与以前在欧洲南部地区相同的想法和感觉。
Nor does it appear to be a rash conjecture that its young swarms might often be tempted to gather honey in the more blooming fields and milder air of their luxurious and more delicate neighbors.
这似乎也不是一个轻率的猜想，它的幼蜂群可能经常受到诱惑，到它们奢华而精致的邻居的更盛开的田野和更温和的空气中采集蜂蜜。
They who well consider the history of similar divisions and confederacies will find abundant reason to apprehend that those in contemplation would in no other sense be neighbors than as they would be borderers; that they would neither love nor trust one another, but on the contrary would be a prey to discord, jealousy, and mutual injuries; in short, that they would place us exactly in the situations in which some nations doubtless wish to see us, viz., FORMIDABLE ONLY TO EACH OTHER.
那些仔细考虑过类似分裂和联盟历史的人会发现充分的理由来理解，那些在沉思中的人除了是边境人之外，在任何意义上都不是邻居。他们既不会彼此相爱，也不信任彼此，反而会成为不和、嫉妒和相互伤害的牺牲品；简而言之，它们将把我们置于一些国家无疑希望看到我们的境地，即只让彼此强大。
From these considerations it appears that those gentlemen are greatly mistaken who suppose that alliances offensive and defensive might be formed between these confederacies, and would produce that combination and union of wills of arms and of resources, which would be necessary to put and keep them in a formidable state of defense against foreign enemies.
从这些考虑来看，那些认为这些邦联之间可以形成进攻和防御联盟的先生们是大错特错的，并且会产生武器和资源意志的结合和联合，这对于使他们处于抵御外敌的强大防御状态是必要的。
When did the independent states, into which Britain and Spain were formerly divided, combine in such alliance, or unite their forces against a foreign enemy?
英国和西班牙以前分裂的两个独立国家什么时候结成这样的联盟，或者联合起来对抗外敌？
The proposed confederacies will be DISTINCT NATIONS.
拟议的联盟将是不同的国家。
Each of them would have its commerce with foreigners to regulate by distinct treaties; and as their productions and commodities are different and proper for different markets, so would those treaties be essentially different.
它们中的每一个都将通过不同的条约来规范与外国人的贸易；由于它们的产品和商品不同且适合不同的市场，因此这些条约也有本质上的不同。
Different commercial concerns must create different interests, and of course different degrees of political attachment to and connection with different foreign nations.
不同的商业关注必定会产生不同的利益，当然也会产生与不同外国的不同程度的政治依恋和联系。
Hence it might and probably would happen that the foreign nation with whom the SOUTHERN confederacy might be at war would be the one with whom the NORTHERN confederacy would be the most desirous of preserving peace and friendship.
因此，有可能而且很可能会发生这样的情况：南方邦联可能与之交战的外国，正是北方邦联最希望与之保持和平与友谊的国家。
An alliance so contrary to their immediate interest would not therefore be easy to form, nor, if formed, would it be observed and fulfilled with perfect good faith.
因此，与他们的直接利益背道而驰的联盟并不容易形成，而且即使形成，也不会被完全善意地遵守和履行。
Nay, it is far more probable that in America, as in Europe, neighboring nations, acting under the impulse of opposite interests and unfriendly passions, would frequently be found taking different sides.
不仅如此，更有可能的是，在美国，就像在欧洲一样，邻国在相反的利益和不友好的激情的推动下行事，经常会发现站在不同的一边。
Considering our distance from Europe, it would be more natural for these confederacies to apprehend danger from one another than from distant nations, and therefore that each of them should be more desirous to guard against the others by the aid of foreign alliances, than to guard against foreign dangers by alliances between themselves.
考虑到我们与欧洲的距离，这些同盟国更自然地担心来自彼此的危险，而不是来自遥远国家的危险，因此，他们每个人都应该更愿意通过外国联盟的帮助来防范其他国家，而不是通过彼此之间的联盟来防范外国危险。
And here let us not forget how much more easy it is to receive foreign fleets into our ports, and foreign armies into our country, than it is to persuade or compel them to depart.
在这里，我们不要忘记，接纳外国舰队进入我们的港口，接纳外国军队进入我们的国家，比说服或强迫他们离开要容易得多。
How many conquests did the Romans and others make in the characters of allies, and what innovations did they under the same character introduce into the governments of those whom they pretended to protect.
罗马人和其他国家以盟友的身份进行了多少征服，他们以同样的身份为他们假装保护的国家的政府带来了哪些创新。
Let candid men judge, then, whether the division of America into any given number of independent sovereignties would tend to secure us against the hostilities and improper interference of foreign nations.
那么，让坦率的人来判断，将美国划分为一定数量的独立主权是否会确保我们免受外国的敌对行动和不当干涉。
PUBLIUS
普布利乌斯
FEDERALIST No. 6
联邦党人6号
Concerning Dangers from Dissensions Between the States
关于国家之间争端的危险
For the Independent Journal.
对于独立杂志。
Wednesday, November 14, 1787
1787 年 11 月 14 日，星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE three last numbers of this paper have been dedicated to an enumeration of the dangers to which we should be exposed, in a state of disunion, from the arms and arts of foreign nations.
本文的最后三部分专门列举了我们在分裂状态下可能面临的来自外国武器和艺术的危险。
I shall now proceed to delineate dangers of a different and, perhaps, still more alarming kind--those which will in all probability flow from dissensions between the States themselves, and from domestic factions and convulsions.
现在，我将着手描述另一种不同的、或许更令人震惊的危险——这些危险很可能源于各国之间的分歧以及国内派系和动乱。
These have been already in some instances slightly anticipated; but they deserve a more particular and more full investigation.
在某些情况下，这些已经被稍微预料到了；但他们值得进行更具体、更全面的调查。
A man must be far gone in Utopian speculations who can seriously doubt that, if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other.
一个人一定在乌托邦的思辨中走得太远，他会严重怀疑，如果这些州要么完全分裂，要么只是部分联合起来，那么它们可能被划分的分区之间就会经常发生激烈的竞争。
To presume a want of motives for such contests as an argument against their existence, would be to forget that men are ambitious, vindictive, and rapacious.
如果认为此类竞赛缺乏动机来反对它们的存在，就等于忘记了人类是野心勃勃、报复心强、贪婪的。
To look for a continuation of harmony between a number of independent, unconnected sovereignties in the same neighborhood, would be to disregard the uniform course of human events, and to set at defiance the accumulated experience of ages.
寻求同一邻里的多个独立、互不相干的主权国家之间持续和谐，将无视人类事件的统一进程，并蔑视多年来积累的经验。
The causes of hostility among nations are innumerable.
国家间敌对的原因数不胜数。
There are some which have a general and almost constant operation upon the collective bodies of society.
有些对社会集体机构具有普遍且几乎持续的作用。
Of this description are the love of power or the desire of pre-eminence and dominion--the jealousy of power, or the desire of equality and safety.
这种描述包括对权力的热爱或对卓越和统治的渴望——对权力的嫉妒，或对平等和安全的渴望。
There are others which have a more circumscribed though an equally operative influence within their spheres.
还有一些人在其领域内具有同样有效的影响力，但却受到更有限的影响。
Such are the rivalships and competitions of commerce between commercial nations.
这就是商业国家之间的商业对抗和竞争。
And there are others, not less numerous than either of the former, which take their origin entirely in private passions; in the attachments, enmities, interests, hopes, and fears of leading individuals in the communities of which they are members.
还有其他一些人，其数量并不比前者少，它们完全源于私人激情。存在于其所在社区的领导者的依恋、敌意、利益、希望和恐惧之中。
Men of this class, whether the favorites of a king or of a people, have in too many instances abused the confidence they possessed; and assuming the pretext of some public motive, have not scrupled to sacrifice the national tranquillity to personal advantage or personal gratification.
这一阶层的人，无论是国王的宠儿还是人民的宠儿，在很多情况下都滥用了他们所拥有的信任。并以某种公共动机为借口，不惜牺牲国家安宁来谋取个人利益或个人满足。
The celebrated Pericles, in compliance with the resentment of a prostitute,(1) at the expense of much of the blood and treasure of his countrymen, attacked, vanquished, and destroyed the city of the SAMMIANS.
著名的伯里克利出于妓女的怨恨，（1）以同胞的大量鲜血和财富为代价，攻击、征服并摧毁了萨米安人的城市。
The same man, stimulated by private pique against the MEGARENSIANS,(2) another nation of Greece, or to avoid a prosecution with which he was threatened as an accomplice of a supposed theft of the statuary Phidias,(3) or to get rid of the accusations prepared to be brought against him for dissipating the funds of the state in the purchase of popularity,(4) or from a combination of all these causes, was the primitive author of that famous and fatal war, distinguished in the Grecian annals by the name of the PELOPONNESIAN war; which, after various vicissitudes, intermissions, and renewals, terminated in the ruin of the Athenian commonwealth.
同一个人，受到个人对梅加伦西亚人的愤怒的刺激，（2）希腊的另一个民族，或者为了避免被威胁作为盗窃雕像菲迪亚斯的同谋而受到起诉，（3）或者摆脱准备对他挥霍国家资金购买知名度的指控，（4）或者由于所有这些原因的结合，是那场著名的致命战争的原始作者，在希腊编年史，以伯罗奔尼撒战争为名；在经历了各种变迁、间歇和更新之后，最终以雅典联邦的毁灭而告终。
The ambitious cardinal, who was prime minister to Henry VIII., permitting his vanity to aspire to the triple crown,(5) entertained hopes of succeeding in the acquisition of that splendid prize by the influence of the Emperor Charles V.
这位雄心勃勃的红衣主教曾担任亨利八世的首相，他的虚荣心让他渴望获得三重王冠，(5) 抱有希望通过查理五世皇帝的影响力成功获得这一辉煌的奖项。
To secure the favor and interest of this enterprising and powerful monarch, he precipitated England into a war with France, contrary to the plainest dictates of policy, and at the hazard of the safety and independence, as well of the kingdom over which he presided by his counsels, as of Europe in general.
为了赢得这位有进取心、强大的君主的青睐和利益，他违背了最简单的政策规定，促使英国与法国发生战争，并冒着安全和独立的危险，以及他所领导的王国和整个欧洲的安全和独立。
For if there ever was a sovereign who bid fair to realize the project of universal monarchy, it was the Emperor Charles V., of whose intrigues Wolsey was at once the instrument and the dupe.
因为如果有一位君主公平地致力于实现普遍君主制的计划，那就是查理五世皇帝，沃尔西既是他的阴谋的工具，又是他的欺骗者。
The influence which the bigotry of one female,(6) the petulance of another,(7) and the cabals of a third,(8) had in the contemporary policy, ferments, and pacifications, of a considerable part of Europe, are topics that have been too often descanted upon not to be generally known.
一位女性的偏执，(6) 另一位女性的暴躁，(7) 以及第三位女性的阴谋集团，(8) 对欧洲相当大一部分地区的当代政策、煽动和安抚所产生的影响，这些话题经常被忽视，以至于不为人所知。
To multiply examples of the agency of personal considerations in the production of great national events, either foreign or domestic, according to their direction, would be an unnecessary waste of time.
在重大国家事件的发生中，无论是国外的还是国内的，根据他们的指示，增加个人考虑因素的例子，将是不必要的时间浪费。
Those who have but a superficial acquaintance with the sources from which they are to be drawn, will themselves recollect a variety of instances; and those who have a tolerable knowledge of human nature will not stand in need of such lights to form their opinion either of the reality or extent of that agency.
那些对它们的来源只有肤浅了解的人，自己会回忆起各种各样的例子。那些对人性有一定了解的人将不需要这样的灯光来形成他们对该机构的现实或范围的看法。
Perhaps, however, a reference, tending to illustrate the general principle, may with propriety be made to a case which has lately happened among ourselves.
然而，为了说明一般原则，也许可以适当地引用我们之间最近发生的一个案例。
If Shays had not been a DESPERATE DEBTOR, it is much to be doubted whether Massachusetts would have been plunged into a civil war.
如果谢斯不是一个绝望的债务人，马萨诸塞州是否会陷入内战，这一点值得怀疑。
But notwithstanding the concurring testimony of experience, in this particular, there are still to be found visionary or designing men, who stand ready to advocate the paradox of perpetual peace between the States, though dismembered and alienated from each other.
但尽管有经验的一致证明，在这一点上，仍然存在有远见或有计划的人，他们随时准备倡导国家之间永久和平的悖论，尽管彼此被肢解和疏远。
The genius of republics (say they) is pacific; the spirit of commerce has a tendency to soften the manners of men, and to extinguish those inflammable humors which have so often kindled into wars.
共和国的天才（他们说）是和平的；商业精神往往会软化人们的举止，并扑灭那些经常引发战争的易燃情绪。
Commercial republics, like ours, will never be disposed to waste themselves in ruinous contentions with each other.
像我们这样的商业共和国永远不会把自己浪费在彼此毁灭性的争斗中。
They will be governed by mutual interest, and will cultivate a spirit of mutual amity and concord.
他们将以共同利益为指导，培养相互友好、和谐的精神。
Is it not (we may ask these projectors in politics) the true interest of all nations to cultivate the same benevolent and philosophic spirit?
难道（我们可以问这些政治上的预测者）培养同样的仁慈和哲学精神不是所有国家的真正利益吗？
If this be their true interest, have they in fact pursued it?
如果这是他们真正的兴趣，他们实际上有追求过吗？
Has it not, on the contrary, invariably been found that momentary passions, and immediate interest, have a more active and imperious control over human conduct than general or remote considerations of policy, utility or justice?
相反，难道不是总是发现，一时的激情和眼前的利益比对政策、功利或正义的一般或遥远的考虑对人类行为具有更积极和更专横的控制吗？
Have republics in practice been less addicted to war than monarchies?
实际上，共和政体是否比君主政体更少沉迷于战争？
Are not the former administered by MEN as well as the latter?
前者不也和后者一样由MEN管理吗？
Are there not aversions, predilections, rivalships, and desires of unjust acquisitions, that affect nations as well as kings?
难道不存在影响国家和国王的厌恶、偏爱、竞争和不公正获取的欲望吗？
Are not popular assemblies frequently subject to the impulses of rage, resentment, jealousy, avarice, and of other irregular and violent propensities?
民众集会不是经常受到愤怒、怨恨、嫉妒、贪婪和其他不规则和暴力倾向的冲动吗？
Is it not well known that their determinations are often governed by a few individuals in whom they place confidence, and are, of course, liable to be tinctured by the passions and views of those individuals?
难道不是众所周知，他们的决定往往是由他们信任的少数人决定的，当然，很容易受到这些人的激情和观点的影响？
Has commerce hitherto done anything more than change the objects of war?
迄今为止，商业除了改变战争目标之外还有其他作用吗？
Is not the love of wealth as domineering and enterprising a passion as that of power or glory?
贪财不正是与贪图权力、荣耀一样的霸气、进取的激情吗？
Have there not been as many wars founded upon commercial motives since that has become the prevailing system of nations, as were before occasioned by the cupidity of territory or dominion?
自从商业动机成为普遍的国家制度以来，难道没有像以前因领土或统治的贪婪而引发的战争一样多吗？
Has not the spirit of commerce, in many instances, administered new incentives to the appetite, both for the one and for the other?
在许多情况下，商业精神难道没有为一方和另一方的食欲提供新的刺激吗？
Let experience, the least fallible guide of human opinions, be appealed to for an answer to these inquiries.
让经验作为人类观点最不易出错的指南来回答这些问题。
Sparta, Athens, Rome, and Carthage were all republics; two of them, Athens and Carthage, of the commercial kind.
斯巴达、雅典、罗马和迦太基都是共和国；其中两个，雅典和迦太基，属于商业类型。
Yet were they as often engaged in wars, offensive and defensive, as the neighboring monarchies of the same times.
然而，他们与同时代的邻国君主国一样经常参与进攻性和防御性的战争。
Sparta was little better than a wellregulated camp; and Rome was never sated of carnage and conquest.
斯巴达只不过是一个管理良好的营地。罗马从未厌倦过屠杀和征服。
Carthage, though a commercial republic, was the aggressor in the very war that ended in her destruction.
迦太基虽然是一个商业共和国，但却是那场最终导致其毁灭的战争的侵略者。
Hannibal had carried her arms into the heart of Italy and to the gates of Rome, before Scipio, in turn, gave him an overthrow in the territories of Carthage, and made a conquest of the commonwealth.
汉尼拔带着她的武器进入了意大利的心脏地带，直抵罗马的大门，然后西庇阿反过来在迦太基领土上推翻了他，并征服了联邦。
Venice, in later times, figured more than once in wars of ambition, till, becoming an object to the other Italian states, Pope Julius II.
在后来的时代，威尼斯不止一次地出现在野心战争中，直到成为教皇朱利叶斯二世（Pope Julius II）其他意大利国家的目标。
found means to accomplish that formidable league,(9) which gave a deadly blow to the power and pride of this haughty republic.
找到了实现这一强大联盟的方法，（9）这对这个傲慢的共和国的权力和骄傲造成了致命的打击。
The provinces of Holland, till they were overwhelmed in debts and taxes, took a leading and conspicuous part in the wars of Europe.
荷兰各省在债务和税收不堪重负之前，一直在欧洲战争中发挥着主导和显着的作用。
They had furious contests with England for the dominion of the sea, and were among the most persevering and most implacable of the opponents of Louis XIV.
他们与英国争夺制海权，展开了激烈的争夺，是路易十四最顽强、最顽固的反对者之一。
In the government of Britain the representatives of the people compose one branch of the national legislature.
在英国政府中，人民代表组成国家立法机关的一个分支。
Commerce has been for ages the predominant pursuit of that country.
多年来，商业一直是该国的主要追求。
Few nations, nevertheless, have been more frequently engaged in war; and the wars in which that kingdom has been engaged have, in numerous instances, proceeded from the people.
然而，很少有国家比它更频繁地卷入战争。在许多情况下，该王国所参与的战争都是由人民发起的。
There have been, if I may so express it, almost as many popular as royal wars.
如果我可以这样表达的话，几乎和皇家战争一样受欢迎。
The cries of the nation and the importunities of their representatives have, upon various occasions, dragged their monarchs into war, or continued them in it, contrary to their inclinations, and sometimes contrary to the real interests of the State.
民族的呼声和代表们的强求，在不同的场合，将他们的君主拖入战争，或让他们继续卷入战争，这违背了他们的意愿，有时甚至违背了国家的真正利益。
In that memorable struggle for superiority between the rival houses of AUSTRIA and BOURBON, which so long kept Europe in a flame, it is well known that the antipathies of the English against the French, seconding the ambition, or rather the avarice, of a favorite leader,(10) protracted the war beyond the limits marked out by sound policy, and for a considerable time in opposition to the views of the court.
在奥地利和波旁王朝之间令人难忘的争夺优势的斗争中，这场斗争长期以来让欧洲陷入了火焰之中，众所周知，英国人对法国人的反感，支持了一位最喜欢的领导人的野心，或者更确切地说是贪婪，（10）使战争超出了合理政策所规定的范围，并且在相当长的时间内与宫廷的观点相悖。
The wars of these two last-mentioned nations have in a great measure grown out of commercial considerations,--the desire of supplanting and the fear of being supplanted, either in particular branches of traffic or in the general advantages of trade and navigation, and sometimes even the more culpable desire of sharing in the commerce of other nations without their consent.
最后提到的这两个国家的战争在很大程度上是出于商业考虑——取代的欲望和对被取代的恐惧，无论是在特定的交通部门还是在贸易和航海的总体优势上，有时甚至是未经其他国家同意而分享其商业的更可恶的愿望。
The last war but between Britain and Spain sprang from the attempts of the British merchants to prosecute an illicit trade with the Spanish main.
英国和西班牙之间的最后一场战争源于英国商人试图起诉与西班牙主要国家的非法贸易。
These unjustifiable practices on their part produced severity on the part of the Spaniards toward the subjects of Great Britain which were not more justifiable, because they exceeded the bounds of a just retaliation and were chargeable with inhumanity and cruelty.
这些不合理的做法导致西班牙人对英国臣民采取了严厉的态度，这是不合理的，因为他们超出了正义报复的范围，并被指控不人道和残忍。
Many of the English who were taken on the Spanish coast were sent to dig in the mines of Potosi; and by the usual progress of a spirit of resentment, the innocent were, after a while, confounded with the guilty in indiscriminate punishment.
许多被带到西班牙海岸的英国人被派去波托西挖掘矿井。由于怨恨情绪的蔓延，一段时间后，无辜者与有罪者混为一谈，受到不分青红皂白的惩罚。
The complaints of the merchants kindled a violent flame throughout the nation, which soon after broke out in the House of Commons, and was communicated from that body to the ministry.
商人的抱怨在全国范围内点燃了猛烈的火焰，很快就在下议院爆发，并从下议院传达给了内阁。
Letters of reprisal were granted, and a war ensued, which in its consequences overthrew all the alliances that but twenty years before had been formed with sanguine expectations of the most beneficial fruits.
报复信被批准，战争随之而来，其后果推翻了二十年前出于对最有利成果的乐观期望而结成的所有联盟。
From this summary of what has taken place in other countries, whose situations have borne the nearest resemblance to our own, what reason can we have to confide in those reveries which would seduce us into an expectation of peace and cordiality between the members of the present confederacy, in a state of separation?
从对其他国家所发生的事情的总结来看，这些国家的情况与我们国家的情况最相似，我们有什么理由相信那些会引诱我们期待目前处于分离状态的邦联成员之间和平与友好的幻想呢？
Have we not already seen enough of the fallacy and extravagance of those idle theories which have amused us with promises of an exemption from the imperfections, weaknesses and evils incident to society in every shape?
我们还没有充分认识到那些空洞的理论的谬误和过分吗？这些理论曾许诺我们可以免除社会中各种形式的不完美、弱点和罪恶，从而使我们感到可笑？
Is it not time to awake from the deceitful dream of a golden age, and to adopt as a practical maxim for the direction of our political conduct that we, as well as the other inhabitants of the globe, are yet remote from the happy empire of perfect wisdom and perfect virtue?
难道现在还不是从黄金时代的欺骗性梦想中醒来，并把我们以及地球上的其他居民都远离完美智慧和完美美德的幸福帝国作为我们政治行为方向的实际格言的时候吗？
Let the point of extreme depression to which our national dignity and credit have sunk, let the inconveniences felt everywhere from a lax and ill administration of government, let the revolt of a part of the State of North Carolina, the late menacing disturbances in Pennsylvania, and the actual insurrections and rebellions in Massachusetts, declare--!
让我们的民族尊严和信用陷入极度低迷的地步，让政府管理松懈和管理不善给各地带来不便，让北卡罗来纳州部分地区的叛乱，宾夕法尼亚州最近的险恶骚乱，以及马萨诸塞州实际的起义和叛乱，宣告——！
So far is the general sense of mankind from corresponding with the tenets of those who endeavor to lull asleep our apprehensions of discord and hostility between the States, in the event of disunion, that it has from long observation of the progress of society become a sort of axiom in politics, that vicinity or nearness of situation, constitutes nations natural enemies.
到目前为止，人类的一般意识与那些试图平息我们对国家之间不和和敌对的担忧的人的信条相一致，一旦发生分裂，从对社会进步的长期观察中，它已成为政治上的一种公理，即局势的邻近或接近，构成了国家的天敌。
An intelligent writer expresses himself on this subject to this effect: "NEIGHBORING NATIONS (says he) are naturally enemies of each other unless their common weakness forces them to league in a CONFEDERATE REPUBLIC, and their constitution prevents the differences that neighborhood occasions, extinguishing that secret jealousy which disposes all states to aggrandize themselves at the expense of their neighbors."(11) This passage, at the same time, points out the EVIL and suggests the REMEDY.
一位聪明的作家在这个问题上的表达是这样的：“邻国（他说）自然是彼此的敌人，除非它们共同的弱点迫使它们结成邦联共和国，并且它们的宪法防止邻国引起的分歧，消除那种使所有国家以牺牲邻国为代价来扩大自己的秘密嫉妒。”（11）这段话同时指出了罪恶并提出了补救措施。
PUBLIUS
普布利乌斯
1.
1.
Aspasia, vide "Plutarch's Life of Pericles."
阿斯帕西娅，参见“普鲁塔克的伯里克利传”。
2.
2.
Ibid.
同上。
3.
3.
Ibid.
同上。
4.
4.
Ibid.
同上。
Phidias was supposed to have stolen some public gold, with the connivance of Pericles, for the embellishment of the statue of Minerva.
据说菲迪亚斯在伯里克利的纵容下窃取了一些公共黄金，用于装饰密涅瓦雕像。
5.
5.
Worn by the popes.
被教皇佩戴。
6.
6.
Madame de Maintenon.
曼特农夫人。
7.
7.
Duchess of Marlborough.
马尔伯勒公爵夫人。
8.
8.
Madame de Pompadour.
蓬巴杜夫人。
9.
9.
The League of Cambray, comprehending the Emperor, the King of France, the King of Aragon, and most of the Italian princes and states.
坎布雷联盟，包括皇帝、法国国王、阿拉贡国王以及大多数意大利王子和国家。
10.
10.
The Duke of Marlborough.
马尔伯勒公爵。
11.
11.
Vide "Principes des Negociations" par l'Abbé de Mably.
参见马布利神父的“谈判原理”。
FEDERALIST No. 7
联邦党人7号
The Same Subject Continued (Concerning Dangers from Dissensions Between the States)
同一主题继续（关于国家之间争端的危险）
For the Independent Journal.
对于独立杂志。
Thursday, November 15, 1787
1787 年 11 月 15 日，星期四
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IT IS sometimes asked, with an air of seeming triumph, what inducements could the States have, if disunited, to make war upon each other?
有时有人带着看似胜利的神情问，如果各州不团结，有什么诱因相互发动战争？
It would be a full answer to this question to say--precisely the same inducements which have, at different times, deluged in blood all the nations in the world.
这将是对这个问题的完整答案——正是同样的诱因，在不同的时期，使世界上所有国家都陷入了鲜血之中。
But, unfortunately for us, the question admits of a more particular answer.
但是，对我们来说不幸的是，这个问题有一个更具体的答案。
There are causes of differences within our immediate contemplation, of the tendency of which, even under the restraints of a federal constitution, we have had sufficient experience to enable us to form a judgment of what might be expected if those restraints were removed.
在我们直接思考的范围内，存在着一些差异的原因，即使在联邦宪法的限制下，我们也有足够的经验来判断其趋势，使我们能够对如果取消这些限制可能会发生什么做出判断。
Territorial disputes have at all times been found one of the most fertile sources of hostility among nations.
领土争端始终被认为是国家间最容易产生敌意的根源之一。
Perhaps the greatest proportion of wars that have desolated the earth have sprung from this origin.
也许造成地球荒凉的大部分战争都是源于此。
This cause would exist among us in full force.
这一事业将充分存在于我们之中。
We have a vast tract of unsettled territory within the boundaries of the United States.
我们在美国境内有大片未定居的领土。
There still are discordant and undecided claims between several of them, and the dissolution of the Union would lay a foundation for similar claims between them all.
其中几个国家之间仍然存在不一致和悬而未决的主张，而联盟的解散将为它们之间的类似主张奠定基础。
It is well known that they have heretofore had serious and animated discussion concerning the rights to the lands which were ungranted at the time of the Revolution, and which usually went under the name of crown lands.
众所周知，他们迄今为止就革命时期未授予的土地权利进行了认真而热烈的讨论，这些土地通常以王室土地的名义存在。
The States within the limits of whose colonial governments they were comprised have claimed them as their property, the others have contended that the rights of the crown in this article devolved upon the Union; especially as to all that part of the Western territory which, either by actual possession, or through the submission of the Indian proprietors, was subjected to the jurisdiction of the king of Great Britain, till it was relinquished in the treaty of peace.
这些殖民地政府所属的各州声称它们是其财产，其他国家则主张本文中的王权归联邦所有；特别是对于西部领土的所有部分，无论是通过实际占有还是通过印度所有者的服从，都受到大不列颠国王的管辖，直到在和平条约中放弃为止。
This, it has been said, was at all events an acquisition to the Confederacy by compact with a foreign power.
据说，这无论如何都是邦联通过与外国势力签订的协议而获得的。
It has been the prudent policy of Congress to appease this controversy, by prevailing upon the States to make cessions to the United States for the benefit of the whole.
国会的审慎政策是通过说服各州为了整体利益向美国做出让步来平息这场争议。
This has been so far accomplished as, under a continuation of the Union, to afford a decided prospect of an amicable termination of the dispute.
迄今为止，在联盟的延续下，这一目标已经实现，为友好结束争端提供了明确的前景。
A dismemberment of the Confederacy, however, would revive this dispute, and would create others on the same subject.
然而，邦联的解体将使这一争端重新燃起，并会在同一主题上引发其他争端。
At present, a large part of the vacant Western territory is, by cession at least, if not by any anterior right, the common property of the Union.
目前，大部分空置的西部领土，至少通过割让，如果不是通过任何在先权利，都是联邦的共同财产。
If that were at an end, the States which made the cession, on a principle of federal compromise, would be apt when the motive of the grant had ceased, to reclaim the lands as a reversion.
如果这种情况结束，则根据联邦妥协的原则，做出割让的各州将在赠与的动机不再时倾向于收回土地作为归还。
The other States would no doubt insist on a proportion, by right of representation.
其他州无疑会根据代表权坚持一定比例。
Their argument would be, that a grant, once made, could not be revoked; and that the justice of participating in territory acquired or secured by the joint efforts of the Confederacy, remained undiminished.
他们的论点是，一旦授予，就不能撤销；参与联邦共同努力获得或确保的领土的正义感仍然没有减弱。
If, contrary to probability, it should be admitted by all the States, that each had a right to a share of this common stock, there would still be a difficulty to be surmounted, as to a proper rule of apportionment.
如果与可能性相反，所有国家都承认每个国家都有权获得这种普通股的一部分，那么在适当的分配规则方面仍然存在需要克服的困难。
Different principles would be set up by different States for this purpose; and as they would affect the opposite interests of the parties, they might not easily be susceptible of a pacific adjustment.
不同国家将为此目的制定不同的原则；由于它们会影响各方的相反利益，它们可能不容易受到和平调整的影响。
In the wide field of Western territory, therefore, we perceive an ample theatre for hostile pretensions, without any umpire or common judge to interpose between the contending parties.
因此，在广阔的西方领土上，我们看到了一个充满敌意的舞台，没有任何裁判或共同法官在争辩双方之间进行干预。
To reason from the past to the future, we shall have good ground to apprehend, that the sword would sometimes be appealed to as the arbiter of their differences.
为了从过去推理到未来，我们有充分的理由理解，有时会诉诸剑作为他们分歧的仲裁者。
The circumstances of the dispute between Connecticut and Pennsylvania, respecting the land at Wyoming, admonish us not to be sanguine in expecting an easy accommodation of such differences.
康涅狄格州和宾夕法尼亚州之间关于怀俄明州土地的争端的情况告诫我们不要乐观地期望轻松解决此类分歧。
The articles of confederation obliged the parties to submit the matter to the decision of a federal court.
联邦条款规定双方有义务将此事提交联邦法院裁决。
The submission was made, and the court decided in favor of Pennsylvania.
提交意见后，法院做出了有利于宾夕法尼亚州的裁决。
But Connecticut gave strong indications of dissatisfaction with that determination; nor did she appear to be entirely resigned to it, till, by negotiation and management, something like an equivalent was found for the loss she supposed herself to have sustained.
但康涅狄格州对这一决定强烈表示不满。她似乎也没有完全听天由命，直到通过谈判和管理，找到了类似的东西来弥补她认为自己遭受的损失。
Nothing here said is intended to convey the slightest censure on the conduct of that State.
这里所说的任何内容都无意对该国的行为表示丝毫谴责。
She no doubt sincerely believed herself to have been injured by the decision; and States, like individuals, acquiesce with great reluctance in determinations to their disadvantage.
毫无疑问，她真诚地相信自己因这个决定而受到伤害；国家和个人一样，极不情愿地默许对其不利的决定。
Those who had an opportunity of seeing the inside of the transactions which attended the progress of the controversy between this State and the district of Vermont, can vouch the opposition we experienced, as well from States not interested as from those which were interested in the claim; and can attest the danger to which the peace of the Confederacy might have been exposed, had this State attempted to assert its rights by force.
那些有机会了解该州与佛蒙特州之间争议进展的交易内部的人，可以证实我们所经历的反对，以及来自对索赔不感兴趣的州和那些对索赔感兴趣的州；并且可以证明，如果该州试图通过武力维护其权利，邦联的和平可能会面临危险。
Two motives preponderated in that opposition: one, a jealousy entertained of our future power; and the other, the interest of certain individuals of influence in the neighboring States, who had obtained grants of lands under the actual government of that district.
这种反对主要出于两个动机：一是对我们未来权力的嫉妒；二是对我们未来权力的嫉妒。另一个是邻国某些有影响力的个人的利益，这些人在该地区的实际政府下获得了土地。
Even the States which brought forward claims, in contradiction to ours, seemed more solicitous to dismember this State, than to establish their own pretensions.
即使是那些提出与我们相反的要求的国家，似乎也更热衷于肢解这个国家，而不是建立自己的主张。
These were New Hampshire, Massachusetts, and Connecticut.
这些是新罕布什尔州、马萨诸塞州和康涅狄格州。
New Jersey and Rhode Island, upon all occasions, discovered a warm zeal for the independence of Vermont; and Maryland, till alarmed by the appearance of a connection between Canada and that State, entered deeply into the same views.
新泽西州和罗德岛州在任何场合都表现出对佛蒙特州独立的热情。马里兰州在对加拿大与该州之间出现的联系感到震惊之前，也深深地持有相同的观点。
These being small States, saw with an unfriendly eye the perspective of our growing greatness.
这些小国以不友好的眼光看待我们日益强大的前景。
In a review of these transactions we may trace some of the causes which would be likely to embroil the States with each other, if it should be their unpropitious destiny to become disunited.
在审查这些交易时，我们可以追踪一些可能使各国相互卷入的原因，如果它们的不幸命运是分裂的话。
The competitions of commerce would be another fruitful source of contention.
商业竞争将是另一个富有成果的争论源。
The States less favorably circumstanced would be desirous of escaping from the disadvantages of local situation, and of sharing in the advantages of their more fortunate neighbors.
情况较差的国家希望摆脱当地情况的不利条件，并分享其较幸运的邻国的优势。
Each State, or separate confederacy, would pursue a system of commercial policy peculiar to itself.
每个州或单独的邦联都会奉行自己特有的商业政策体系。
This would occasion distinctions, preferences, and exclusions, which would beget discontent.
这会引起区别、偏好和排斥，从而引起不满。
The habits of intercourse, on the basis of equal privileges, to which we have been accustomed since the earliest settlement of the country, would give a keener edge to those causes of discontent than they would naturally have independent of this circumstance.
自从这个国家最早定居以来，我们就已经习惯了以平等特权为基础的交往习惯，这将使那些不满的原因比独立于这种情况下自然产生的不满更加强烈。
WE SHOULD BE READY TO DENOMINATE INJURIES THOSE THINGS WHICH WERE IN REALITY THE JUSTIFIABLE ACTS OF INDEPENDENT SOVEREIGNTIES CONSULTING A DISTINCT INTEREST.
我们应该准备好将那些实际上是独立主权在咨询特定利益的正当行为的事情命名为损害。
The spirit of enterprise, which characterizes the commercial part of America, has left no occasion of displaying itself unimproved.
企业精神是美国商业界的特征，它在任何场合都得到了体现。
It is not at all probable that this unbridled spirit would pay much respect to those regulations of trade by which particular States might endeavor to secure exclusive benefits to their own citizens.
这种肆无忌惮的精神根本不可能对那些贸易规则给予太多尊重，而某些国家可能会通过这些规则来努力确保其本国公民的专有利益。
The infractions of these regulations, on one side, the efforts to prevent and repel them, on the other, would naturally lead to outrages, and these to reprisals and wars.
一方面，违反这些规定，另一方面，为防止和抵制这些规定所做的努力自然会导致愤怒，进而导致报复和战争。
The opportunities which some States would have of rendering others tributary to them by commercial regulations would be impatiently submitted to by the tributary States.
一些国家可能有机会通过商业规则使其他国家向他们屈服，但朝贡国却会不耐烦地接受。
The relative situation of New York, Connecticut, and New Jersey would afford an example of this kind.
纽约、康涅狄格和新泽西的相对情况就是此类的例子。
New York, from the necessities of revenue, must lay duties on her importations.
纽约出于收入的需要，必须对进口商品征收关税。
A great part of these duties must be paid by the inhabitants of the two other States in the capacity of consumers of what we import.
这些关税的很大一部分必须由其他两个州的居民以我们进口商品的消费者的身份缴纳。
New York would neither be willing nor able to forego this advantage.
纽约既不愿意也不能放弃这一优势。
Her citizens would not consent that a duty paid by them should be remitted in favor of the citizens of her neighbors; nor would it be practicable, if there were not this impediment in the way, to distinguish the customers in our own markets.
她的公民不会同意将他们所缴纳的税款减免给邻国公民；如果没有这种障碍，区分我们自己市场上的客户也是不切实际的。
Would Connecticut and New Jersey long submit to be taxed by New York for her exclusive benefit?
康涅狄格州和新泽西州是否会长期接受纽约州为其独家利益征税？
Should we be long permitted to remain in the quiet and undisturbed enjoyment of a metropolis, from the possession of which we derived an advantage so odious to our neighbors, and, in their opinion, so oppressive?
难道我们应该被允许长期享受大都市的安静和不受干扰的享受吗？我们从拥有这个大都市中获得了令我们的邻居如此憎恶的优势，并且在他们看来是如此压迫性的？
Should we be able to preserve it against the incumbent weight of Connecticut on the one side, and the co-operating pressure of New Jersey on the other?
我们是否应该能够一方面抵御康涅狄格州现有的影响力，另一方面抵御新泽西州的合作压力？
These are questions that temerity alone will answer in the affirmative.
这些问题只有鲁莽才能得到肯定的回答。
The public debt of the Union would be a further cause of collision between the separate States or confederacies.
联盟的公共债务将是各州或邦联之间发生冲突的进一步原因。
The apportionment, in the first instance, and the progressive extinguishment afterward, would be alike productive of ill-humor and animosity.
首先的分配和随后的逐步消灭，同样会产生坏脾气和敌意。
How would it be possible to agree upon a rule of apportionment satisfactory to all?
怎么可能商定一个令所有人满意的分配规则呢？
There is scarcely any that can be proposed which is entirely free from real objections.
几乎没有任何建议是完全没有真正的反对意见的。
These, as usual, would be exaggerated by the adverse interest of the parties.
像往常一样，这些因素会因各方的不利利益而被夸大。
There are even dissimilar views among the States as to the general principle of discharging the public debt.
对于公共债务清偿的一般原则，各国之间甚至存在不同的看法。
Some of them, either less impressed with the importance of national credit, or because their citizens have little, if any, immediate interest in the question, feel an indifference, if not a repugnance, to the payment of the domestic debt at any rate.
其中一些国家要么对国家信用的重要性印象不深，要么因为他们的公民对这个问题几乎没有直接的兴趣，即使不是厌恶，至少也对偿还国内债务感到漠不关心。
These would be inclined to magnify the difficulties of a distribution.
这些往往会放大分配的困难。
Others of them, a numerous body of whose citizens are creditors to the public beyond proportion of the State in the total amount of the national debt, would be strenuous for some equitable and effective provision.
其中的其他国家，其众多公民是公众的债权人，超出了国家在国债总额中所占的比例，因此很难提供一些公平和有效的规定。
The procrastinations of the former would excite the resentments of the latter.
前者的拖延会激起后者的怨恨。
The settlement of a rule would, in the meantime, be postponed by real differences of opinion and affected delays.
与此同时，规则的解决将因真正的意见分歧和受影响的延误而被推迟。
The citizens of the States interested would clamour; foreign powers would urge for the satisfaction of their just demands, and the peace of the States would be hazarded to the double contingency of external invasion and internal contention.
感兴趣的国家的公民会大声叫嚷；外国列强会极力要求满足其正当要求，国家的和平就会受到外侵和内乱的双重威胁。
Suppose the difficulties of agreeing upon a rule surmounted, and the apportionment made.
假设克服了就规则达成一致的困难并进行了分配。
Still there is great room to suppose that the rule agreed upon would, upon experiment, be found to bear harder upon some States than upon others.
尽管如此，仍有很大的空间可以假设，经过实验，会发现所商定的规则对某些国家的影响比对其他国家的影响更大。
Those which were sufferers by it would naturally seek for a mitigation of the burden.
那些受苦的人自然会寻求减轻负担。
The others would as naturally be disinclined to a revision, which was likely to end in an increase of their own incumbrances.
其他人自然不愿意进行修订，这很可能最终会增加他们自己的负担。
Their refusal would be too plausible a pretext to the complaining States to withhold their contributions, not to be embraced with avidity; and the non-compliance of these States with their engagements would be a ground of bitter discussion and altercation.
他们的拒绝很可能成为投诉国扣留捐款的借口，而不是受到热烈欢迎；这些国家不遵守其承诺将成为激烈讨论和争论的理由。
If even the rule adopted should in practice justify the equality of its principle, still delinquencies in payments on the part of some of the States would result from a diversity of other causes--the real deficiency of resources; the mismanagement of their finances; accidental disorders in the management of the government; and, in addition to the rest, the reluctance with which men commonly part with money for purposes that have outlived the exigencies which produced them, and interfere with the supply of immediate wants.
即使所通过的规则在实践中证明了其原则的平等性，但某些国家的拖欠付款仍将由多种其他原因造成——资源的真正缺乏；财务管理不善；政府管理偶然失序；除此之外，人们通常不愿意将金钱用于超出其产生的紧急情况的目的，并且妨碍了直接需求的供应。
Delinquencies, from whatever causes, would be productive of complaints, recriminations, and quarrels.
无论出于何种原因，违法行为都会引发抱怨、相互指责和争吵。
There is, perhaps, nothing more likely to disturb the tranquillity of nations than their being bound to mutual contributions for any common object that does not yield an equal and coincident benefit.
或许，没有什么比国家为任何共同目标而相互贡献而不能产生平等和一致利益更容易扰乱国家安宁的了。
For it is an observation, as true as it is trite, that there is nothing men differ so readily about as the payment of money.
因为这是一个既真实又老生常谈的观察，即人们在金钱的支付问题上最容易产生分歧。
Laws in violation of private contracts, as they amount to aggressions on the rights of those States whose citizens are injured by them, may be considered as another probable source of hostility.
违反私人合同的法律，因为它们构成对其公民受到伤害的国家权利的侵犯，可被视为另一个可能的敌对根源。
We are not authorized to expect that a more liberal or more equitable spirit would preside over the legislations of the individual States hereafter, if unrestrained by any additional checks, than we have heretofore seen in too many instances disgracing their several codes.
如果不受任何额外检查的限制，我们无权指望今后各个州的立法将更加自由或更公平，比我们迄今为止在太多侮辱其若干法规的情况下看到的还要多。
We have observed the disposition to retaliation excited in Connecticut in consequence of the enormities perpetrated by the Legislature of Rhode Island; and we reasonably infer that, in similar cases, under other circumstances, a war, not of PARCHMENT, but of the sword, would chastise such atrocious breaches of moral obligation and social justice.
我们观察到康涅狄格州因罗德岛州立法机关犯下的暴行而引发的报复倾向；我们合理地推断，在类似的情况下，在其他情况下，一场战争，不是羊皮纸战争，而是剑战，将惩罚这种残暴违反道德义务和社会正义的行为。
The probability of incompatible alliances between the different States or confederacies and different foreign nations, and the effects of this situation upon the peace of the whole, have been sufficiently unfolded in some preceding papers.
不同国家或邦联与不同外国之间结成不相容联盟的可能性，以及这种情况对整体和平的影响，已经在前面的一些论文中得到了充分的阐述。
From the view they have exhibited of this part of the subject, this conclusion is to be drawn, that America, if not connected at all, or only by the feeble tie of a simple league, offensive and defensive, would, by the operation of such jarring alliances, be gradually entangled in all the pernicious labyrinths of European politics and wars; and by the destructive contentions of the parts into which she was divided, would be likely to become a prey to the artifices and machinations of powers equally the enemies of them all.
从他们对这部分主题的阐述来看，我们可以得出这样的结论：美国如果根本没有联系，或者仅仅通过一个简单的进攻性和防御性联盟的微弱联系，就会通过这种不和谐的联盟的运作，逐渐陷入欧洲政治和战争的所有有害迷宫中；由于她所分裂的部分之间的破坏性争论，她很可能成为权力的诡计和阴谋的牺牲品，而这些权力同样是所有权力的敌人。
Divide et impera(1) must be the motto of every nation that either hates or fears us.(2)
分而治之（Divide et impera）（1）必须成为每个憎恨或害怕我们的国家的座右铭。（2）
PUBLIUS
普布利乌斯
1.
1.
Divide and command.
分而指挥。
2.
2.
In order that the whole subject of these papers may as soon as possible be laid before the public, it is proposed to publish them four times a week--on Tuesday in the New York Packet and on Thursday in the Daily Advertiser.
为了使这些论文的全部主题尽快呈现在公众面前，建议每周出版四次——周二在《纽约邮报》和周四在《每日广告报》。
FEDERALIST No. 8
联邦党人 8 号
The Consequences of Hostilities Between the States
国家之间敌对行动的后果
From the New York Packet.
来自纽约邮包。
Tuesday, November 20, 1787.
1787 年 11 月 20 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
ASSUMING it therefore as an established truth that the several States, in case of disunion, or such combinations of them as might happen to be formed out of the wreck of the general Confederacy, would be subject to those vicissitudes of peace and war, of friendship and enmity, with each other, which have fallen to the lot of all neighboring nations not united under one government, let us enter into a concise detail of some of the consequences that would attend such a situation.
因此，假设作为一个既定的事实，如果几个州发生分裂，或者在联邦的废墟中可能碰巧形成这些州的联合体，那么它们之间就会经历和平与战争、友谊与敌对的变迁，而这些变化都落到了所有没有统一在一个政府之下的邻国的命运，让我们简要地详细介绍这种情况可能产生的一些后果。
War between the States, in the first period of their separate existence, would be accompanied with much greater distresses than it commonly is in those countries where regular military establishments have long obtained.
在国家独立存在的最初时期，国家之间的战争所带来的痛苦比那些长期建立正规军事机构的国家通常所带来的痛苦要大得多。
The disciplined armies always kept on foot on the continent of Europe, though they bear a malignant aspect to liberty and economy, have, notwithstanding, been productive of the signal advantage of rendering sudden conquests impracticable, and of preventing that rapid desolation which used to mark the progress of war prior to their introduction.
纪律严明的军队总是在欧洲大陆上徒步前进，尽管它们对自由和经济具有不利的一面，但仍然产生了显着的优势，使突然的征服变得不切实际，并防止了在战争开始之前标志着战争进展的迅速荒凉。
The art of fortification has contributed to the same ends.
防御艺术也达到了同样的目的。
The nations of Europe are encircled with chains of fortified places, which mutually obstruct invasion.
欧洲各国被防御工事包围，相互阻碍入侵。
Campaigns are wasted in reducing two or three frontier garrisons, to gain admittance into an enemy's country.
为了获得进入敌国的许可而减少两三个边境驻军的战役被浪费了。
Similar impediments occur at every step, to exhaust the strength and delay the progress of an invader.
每一步都会出现类似的障碍，以耗尽入侵者的力量并拖延其进展。
Formerly, an invading army would penetrate into the heart of a neighboring country almost as soon as intelligence of its approach could be received; but now a comparatively small force of disciplined troops, acting on the defensive, with the aid of posts, is able to impede, and finally to frustrate, the enterprises of one much more considerable.
以前，入侵军队几乎一收到邻国逼近的情报就会深入到邻国的心脏地带。但现在，一支规模较小、训练有素的军队，在哨所的帮助下采取防御行动，就能够阻碍并最终挫败一支规模大得多的军队的事业。
The history of war, in that quarter of the globe, is no longer a history of nations subdued and empires overturned, but of towns taken and retaken; of battles that decide nothing; of retreats more beneficial than victories; of much effort and little acquisition.
在地球的这一地区，战争的历史不再是国家被征服和帝国被推翻的历史，而是城镇被占领和重新占领的历史；那些毫无决定性的战斗；撤退比胜利更有利；付出的努力多，获得的少。
In this country the scene would be altogether reversed.
在这个国家，情况将完全相反。
The jealousy of military establishments would postpone them as long as possible.
军事机构的嫉妒会尽可能地推迟它们。
The want of fortifications, leaving the frontiers of one state open to another, would facilitate inroads.
由于缺乏防御工事，一个国家的边境向另一个国家开放，这将有利于入侵。
The populous States would, with little difficulty, overrun their less populous neighbors.
人口众多的国家将轻而易举地征服人口较少的邻国。
Conquests would be as easy to be made as difficult to be retained.
征服很容易，但保留却很困难。
War, therefore, would be desultory and predatory.
因此，战争将是断断续续的、掠夺性的。
PLUNDER and devastation ever march in the train of irregulars.
掠夺和破坏永远伴随着非正规军行进。
The calamities of individuals would make the principal figure in the events which would characterize our military exploits.
个人的灾难将成为我们军事功绩的主要事件。
This picture is not too highly wrought; though, I confess, it would not long remain a just one.
这幅图画并不算太精雕细琢；不过，我承认，它不会长久地只是一个。
Safety from external danger is the most powerful director of national conduct.
免受外部危险的安全是国家行为最有力的指导者。
Even the ardent love of liberty will, after a time, give way to its dictates.
即使是对自由的热烈热爱，过了一段时间后也会屈服于自由的支配。
The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights.
战争中对生命和财产的暴力破坏、持续危险状态下的持续努力和警报，将迫使最崇尚自由的国家向有破坏其公民权利和政治权利倾向的机构寻求安宁和安全。
To be more safe, they at length become willing to run the risk of being less free.
为了更加安全，他们最终愿意冒不那么自由的风险。
The institutions chiefly alluded to are STANDING ARMIES and the correspondent appendages of military establishments.
主要提到的机构是常备军和军事机构的相应附属机构。
Standing armies, it is said, are not provided against in the new Constitution; and it is therefore inferred that they may exist under it.(1) Their existence, however, from the very terms of the proposition, is, at most, problematical and uncertain.
据说，新宪法并未禁止常备军； (1) 然而，从命题的术语来看，它们的存在至多是有问题的和不确定的。
But standing armies, it may be replied, must inevitably result from a dissolution of the Confederacy.
但有人可能会回答说，常备军必然是邦联解体的结果。
Frequent war and constant apprehension, which require a state of as constant preparation, will infallibly produce them.
频繁的战争和持续的忧虑，需要不断的准备状态，必然会产生它们。
The weaker States or confederacies would first have recourse to them, to put themselves upon an equality with their more potent neighbors.
较弱的国家或邦联首先会求助于它们，以使自己与更强大的邻国处于平等地位。
They would endeavor to supply the inferiority of population and resources by a more regular and effective system of defense, by disciplined troops, and by fortifications.
他们将努力通过更加正规和有效的防御系统、纪律严明的军队和防御工事来弥补人口和资源的劣势。
They would, at the same time, be necessitated to strengthen the executive arm of government, in doing which their constitutions would acquire a progressive direction toward monarchy.
与此同时，他们有必要加强政府的行政机构，这样做他们的宪法将获得朝着君主制进步的方向。
It is of the nature of war to increase the executive at the expense of the legislative authority.
以牺牲立法权为代价来增强行政权是战争的本质。
The expedients which have been mentioned would soon give the States or confederacies that made use of them a superiority over their neighbors.
所提到的权宜之计很快就会使采用这些权宜之计的州或邦联比其邻国更具优势。
Small states, or states of less natural strength, under vigorous governments, and with the assistance of disciplined armies, have often triumphed over large states, or states of greater natural strength, which have been destitute of these advantages.
小国或自然实力较弱的国家，在强有力的政府领导下，并在纪律严明的军队的协助下，常常能够战胜缺乏这些优势的大国或自然实力较强的国家。
Neither the pride nor the safety of the more important States or confederacies would permit them long to submit to this mortifying and adventitious superiority.
更重要的国家或邦联的自豪感和安全都不允许它们长期屈服于这种令人羞辱的、偶然的优越性。
They would quickly resort to means similar to those by which it had been effected, to reinstate themselves in their lost pre-eminence.
他们很快就会采取与当初所采取的手段类似的手段，以恢复自己失去的卓越地位。
Thus, we should, in a little time, see established in every part of this country the same engines of despotism which have been the scourge of the Old World.
因此，我们很快就会看到在这个国家的每个地方都建立起旧世界祸害的同样的专制机器。
This, at least, would be the natural course of things; and our reasonings will be the more likely to be just, in proportion as they are accommodated to this standard.
至少，这将是事情的自然进程。我们的推理越符合这一标准，就越可能是公正的。
These are not vague inferences drawn from supposed or speculative defects in a Constitution, the whole power of which is lodged in the hands of a people, or their representatives and delegates, but they are solid conclusions, drawn from the natural and necessary progress of human affairs.
这些不是从宪法中假设或推测的缺陷中得出的含糊推论，宪法的全部权力掌握在人民或其代表和代表手中，而是从人类事务的自然和必然进展中得出的可靠结论。
It may, perhaps, be asked, by way of objection to this, why did not standing armies spring up out of the contentions which so often distracted the ancient republics of Greece?
也许有人会问，为了反对这一点，为什么常备军没有从经常分散古希腊共和国注意力的争论中涌现出来呢？
Different answers, equally satisfactory, may be given to this question.
对于这个问题，可能会给出不同的答案，但同样令人满意。
The industrious habits of the people of the present day, absorbed in the pursuits of gain, and devoted to the improvements of agriculture and commerce, are incompatible with the condition of a nation of soldiers, which was the true condition of the people of those republics.
当今人民的勤劳习惯，全神贯注于追求利益，致力于农业和商业的改善，与士兵国家的状况格格不入，而这正是那些共和国人民的真实状况。
The means of revenue, which have been so greatly multiplied by the increase of gold and silver and of the arts of industry, and the science of finance, which is the offspring of modern times, concurring with the habits of nations, have produced an entire revolution in the system of war, and have rendered disciplined armies, distinct from the body of the citizens, the inseparable companions of frequent hostility.
随着金银、工业技术和金融科学的增长，收入手段大大增加，金融科学是近代的产物，与各国的习惯相一致，引起了战争制度的彻底革命，并使纪律严明的军队与公民队伍不同，成为经常发生敌对的不可分割的伙伴。
There is a wide difference, also, between military establishments in a country seldom exposed by its situation to internal invasions, and in one which is often subject to them, and always apprehensive of them.
一个很少受到内部入侵的国家的军事机构与一个经常遭受内部入侵并始终担心内部入侵的国家的军事机构之间也存在很大差异。
The rulers of the former can have no good pretext, if they are even so inclined, to keep on foot armies so numerous as must of necessity be maintained in the latter.
前者的统治者即使有这样的倾向，也没有什么好的借口来维持后者必须维持的数量的步行军队。
These armies being, in the first case, rarely, if at all, called into activity for interior defense, the people are in no danger of being broken to military subordination.
在第一种情况下，这些军队很少（如果有的话）被召集起来进行内防活动，人民不会面临被军队从属的危险。
The laws are not accustomed to relaxations, in favor of military exigencies; the civil state remains in full vigor, neither corrupted, nor confounded with the principles or propensities of the other state.
法律不习惯于放松，有利于军事紧急情况；文明国家仍然充满活力，既不腐败，也不与其他国家的原则或倾向相混淆。
The smallness of the army renders the natural strength of the community an overmatch for it; and the citizens, not habituated to look up to the military power for protection, or to submit to its oppressions, neither love nor fear the soldiery; they view them with a spirit of jealous acquiescence in a necessary evil, and stand ready to resist a power which they suppose may be exerted to the prejudice of their rights.
军队规模较小，而社区的自然力量却无法与之抗衡。公民不习惯仰赖军事力量的保护或屈服于军事力量的压迫，因此既不爱也不惧怕军队。他们以一种嫉妒的态度看待他们，默许了一种必要的邪恶，并准备抵抗他们认为可能损害他们权利的权力。
The army under such circumstances may usefully aid the magistrate to suppress a small faction, or an occasional mob, or insurrection; but it will be unable to enforce encroachments against the united efforts of the great body of the people.
在这种情况下，军队可以有效地帮助地方官员镇压小派别、偶尔的暴民或叛乱；但它无法对广大人民的团结努力实施侵犯。
In a country in the predicament last described, the contrary of all this happens.
在一个处于上述困境的国家中，情况恰恰相反。
The perpetual menacings of danger oblige the government to be always prepared to repel it; its armies must be numerous enough for instant defense.
危险的持续威胁迫使政府时刻做好抵御危险的准备。它的军队数量必须足以进行即时防御。
The continual necessity for their services enhances the importance of the soldier, and proportionably degrades the condition of the citizen.
持续需要他们的服务增强了士兵的重要性，并相应地降低了公民的状况。
The military state becomes elevated above the civil.
军事国家的地位高于民事国家。
The inhabitants of territories, often the theatre of war, are unavoidably subjected to frequent infringements on their rights, which serve to weaken their sense of those rights; and by degrees the people are brought to consider the soldiery not only as their protectors, but as their superiors.
领土（通常是战区）的居民的权利不可避免地经常受到侵犯，这削弱了他们对这些权利的认识；人们渐渐地不仅将士兵视为他们的保护者，而且视为他们的上级。
The transition from this disposition to that of considering them masters, is neither remote nor difficult; but it is very difficult to prevail upon a people under such impressions, to make a bold or effectual resistance to usurpations supported by the military power.
从这种性格转变为将他们视为主人的性格，既不遥远也不困难。但是，要说服抱有这种印象的人民，对军事力量支持的篡夺行为进行大胆或有效的抵抗是非常困难的。
The kingdom of Great Britain falls within the first description.
大不列颠王国属于第一种描述。
An insular situation, and a powerful marine, guarding it in a great measure against the possibility of foreign invasion, supersede the necessity of a numerous army within the kingdom.
与世隔绝的情况和强大的海军陆战队在很大程度上保卫它免受外来入侵的可能性，取代了王国内大量军队的必要性。
A sufficient force to make head against a sudden descent, till the militia could have time to rally and embody, is all that has been deemed requisite.
在民兵有时间集结和体现之前，唯一需要的就是拥有足够的力量来抵抗突然下降。
No motive of national policy has demanded, nor would public opinion have tolerated, a larger number of troops upon its domestic establishment.
任何国家政策的动机都没有要求，公众舆论也不会容忍在国内建立更多军队。
There has been, for a long time past, little room for the operation of the other causes, which have been enumerated as the consequences of internal war.
长期以来，其他原因几乎没有发挥作用的空间，这些原因被列为内战的后果。
This peculiar felicity of situation has, in a great degree, contributed to preserve the liberty which that country to this day enjoys, in spite of the prevalent venality and corruption.
尽管贪污腐败盛行，但这种特殊的福祉在很大程度上有助于维护该国迄今为止所享有的自由。
If, on the contrary, Britain had been situated on the continent, and had been compelled, as she would have been, by that situation, to make her military establishments at home coextensive with those of the other great powers of Europe, she, like them, would in all probability be, at this day, a victim to the absolute power of a single man.
相反，如果英国位于欧洲大陆，并被迫在国内建立与欧洲其他强国同等的军事设施，那么她今天很可能会成为一个人的绝对权力的受害者。
It is possible, though not easy, that the people of that island may be enslaved from other causes; but it cannot be by the prowess of an army so inconsiderable as that which has been usually kept up within the kingdom.
尽管并不容易，但该岛上的人民可能会因其他原因而被奴役。但这不可能是由于王国内通常拥有的军队的威力如此微不足道。
If we are wise enough to preserve the Union we may for ages enjoy an advantage similar to that of an insulated situation.
如果我们有足够的智慧来维护联邦，我们可能会在很长一段时间内享有类似于孤立局势的优势。
Europe is at a great distance from us.
欧洲离我们很远。
Her colonies in our vicinity will be likely to continue too much disproportioned in strength to be able to give us any dangerous annoyance.
她在我们附近的殖民地很可能会继续在力量上严重失衡，无法给我们带来任何危险的烦恼。
Extensive military establishments cannot, in this position, be necessary to our security.
在这种情况下，大规模的军事设施对于我们的安全来说并不是必要的。
But if we should be disunited, and the integral parts should either remain separated, or, which is most probable, should be thrown together into two or three confederacies, we should be, in a short course of time, in the predicament of the continental powers of Europe--our liberties would be a prey to the means of defending ourselves against the ambition and jealousy of each other.
但是，如果我们四分五裂，各个组成部分要么保持分离，要么（最有可能）分裂成两三个联盟，那么我们在短时间内就会陷入欧洲大陆列强的困境——我们的自由将成为我们抵御彼此野心和嫉妒的手段的牺牲品。
This is an idea not superficial or futile, but solid and weighty.
这个想法并不肤浅或无用，而是扎实而有分量的。
It deserves the most serious and mature consideration of every prudent and honest man of whatever party.
它值得任何党派的每一个谨慎和诚实的人最认真和成熟的考虑。
If such men will make a firm and solemn pause, and meditate dispassionately on the importance of this interesting idea; if they will contemplate it in all its attitudes, and trace it to all its consequences, they will not hesitate to part with trivial objections to a Constitution, the rejection of which would in all probability put a final period to the Union.
如果这些人能够坚定而庄严地停顿一下，冷静地思考这个有趣想法的重要性；如果他们能够以各种态度来思考它，并追踪它的所有后果，他们就会毫不犹豫地放弃对宪法的微不足道的反对，而拒绝宪法很可能会给联邦带来最后的时期。
The airy phantoms that flit before the distempered imaginations of some of its adversaries would quickly give place to the more substantial forms of dangers, real, certain, and formidable.
在某些对手的疯狂想象中掠过的虚幻幻影很快就会被更实质性的危险所取代，这些危险是真实的、确定的和令人畏惧的。
PUBLIUS
普布利乌斯
1.
1.
This objection will be fully examined in its proper place, and it will be shown that the only natural precaution which could have been taken on this subject has been taken; and a much better one than is to be found in any constitution that has been heretofore framed in America, most of which contain no guard at all on this subject.
我们将在适当的地方对这一反对意见进行充分审查，并将表明，已经采取了对此主题可以采取的唯一自然预防措施；这比美国迄今为止制定的任何宪法都要好得多，其中大多数宪法对这个问题根本没有任何规定。
FEDERALIST No. 9
联邦党人9号
The Union as a Safeguard Against Domestic Faction and Insurrection
联盟作为防范国内派系和叛乱的保障
For the Independent Journal.
对于独立杂志。
Wednesday, November 21, 1787
1787 年 11 月 21 日，星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
A FIRM Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection.
一个坚定的联盟对于各国的和平与自由至关重要，是防止国内派系和叛乱的屏障。
It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of revolutions by which they were kept in a state of perpetual vibration between the extremes of tyranny and anarchy.
阅读希腊和意大利这些小共和国的历史，不可能不感到恐惧和厌恶，因为它们不断受到干扰，而迅速接二连三的革命使它们永远处于暴政和无政府主义极端之间的摇摆状态。
If they exhibit occasional calms, these only serve as short-lived contrast to the furious storms that are to succeed.
即使它们偶尔表现出平静，也只能与即将到来的猛烈风暴形成短暂的对比。
If now and then intervals of felicity open to view, we behold them with a mixture of regret, arising from the reflection that the pleasing scenes before us are soon to be overwhelmed by the tempestuous waves of sedition and party rage.
如果时不时地看到一段幸福的时光，我们会带着一种复杂的遗憾看到它们，因为我们想到，我们面前的令人愉快的场景很快就会被暴风雨般的叛乱和政党愤怒所淹没。
If momentary rays of glory break forth from the gloom, while they dazzle us with a transient and fleeting brilliancy, they at the same time admonish us to lament that the vices of government should pervert the direction and tarnish the lustre of those bright talents and exalted endowments for which the favored soils that produced them have been so justly celebrated.
如果短暂的辉煌光芒从阴暗中迸发出来，当它们以转瞬即逝的光彩让我们眼花缭乱时，它们同时告诫我们要哀叹政府的恶行应该歪曲方向，玷污那些才华横溢的人才和崇高的天赋的光彩，而这些才华横溢的人才和崇高的天赋正是因此而受到如此公正的庆祝。
From the disorders that disfigure the annals of those republics the advocates of despotism have drawn arguments, not only against the forms of republican government, but against the very principles of civil liberty.
专制主义的拥护者从那些毁坏了这些共和国历史的混乱中提出了论点，不仅反对共和政府的形式，而且反对公民自由的原则。
They have decried all free government as inconsistent with the order of society, and have indulged themselves in malicious exultation over its friends and partisans.
他们谴责所有自由政府都不符合社会秩序，并沉溺于对其朋友和党派的恶意狂喜之中。
Happily for mankind, stupendous fabrics reared on the basis of liberty, which have flourished for ages, have, in a few glorious instances, refuted their gloomy sophisms.
对人类来说幸运的是，在自由的基础上孕育出来的巨大的织物，它们已经繁荣了很多年，在一些辉煌的例子中，驳斥了它们阴暗的诡辩。
And, I trust, America will be the broad and solid foundation of other edifices, not less magnificent, which will be equally permanent monuments of their errors.
而且，我相信，美国将成为其他宏伟大厦的广泛而坚实的基础，这些大厦同样将成为他们错误的永久纪念碑。
But it is not to be denied that the portraits they have sketched of republican government were too just copies of the originals from which they were taken.
但不可否认的是，他们所描绘的共和政府的肖像只是原作的复制品。
If it had been found impracticable to have devised models of a more perfect structure, the enlightened friends to liberty would have been obliged to abandon the cause of that species of government as indefensible.
如果发现设计一个更完美的结构模型是不切实际的，那么自由的开明朋友们将不得不放弃这种政府的事业，因为这种政府是站不住脚的。
The science of politics, however, like most other sciences, has received great improvement.
然而，与大多数其他科学一样，政治学已经取得了巨大的进步。
The efficacy of various principles is now well understood, which were either not known at all, or imperfectly known to the ancients.
现在人们已经充分了解了各种原理的功效，而古人要么根本不知道这些原理，要么还不完全了解这些原理。
The regular distribution of power into distinct departments; the introduction of legislative balances and checks; the institution of courts composed of judges holding their offices during good behavior; the representation of the people in the legislature by deputies of their own election: these are wholly new discoveries, or have made their principal progress towards perfection in modern times.
将权力定期分配给不同的部门；引入立法平衡和检查；由表现良好的法官组成的法院机构；人民在立法机关中由自己选举的代表来代表：这些都是全新的发现，或者说在近代已经朝着完善的方向取得了重大进展。
They are means, and powerful means, by which the excellences of republican government may be retained and its imperfections lessened or avoided.
它们是手段，而且是强有力的手段，通过它们可以保留共和政府的优点并减少或避免其缺陷。
To this catalogue of circumstances that tend to the amelioration of popular systems of civil government, I shall venture, however novel it may appear to some, to add one more, on a principle which has been made the foundation of an objection to the new Constitution; I mean the ENLARGEMENT of the ORBIT within which such systems are to revolve, either in respect to the dimensions of a single State or to the consolidation of several smaller States into one great Confederacy.
对于这一系列有助于改善民间政府制度的情况，我将冒昧地根据一项已成为反对新宪法基础的原则，再补充一个原则，无论这对某些人来说多么新颖。我的意思是扩大这些系统所运行的轨道，无论是在单个国家的规模方面还是在将几个较小的国家合并为一个伟大的邦联方面。
The latter is that which immediately concerns the object under consideration.
后者是与所考虑的对象直接相关的。
It will, however, be of use to examine the principle in its application to a single State, which shall be attended to in another place.
然而，审查该原则在单个国家的适用情况将是有用的，这一点应在另一个地方予以关注。
The utility of a Confederacy, as well to suppress faction and to guard the internal tranquillity of States, as to increase their external force and security, is in reality not a new idea.
邦联的效用，以及镇压派系、维护各国内部安宁、增强其外部力量和安全的作用，实际上并不是一个新想法。
It has been practiced upon in different countries and ages, and has received the sanction of the most approved writers on the subject of politics.
它在不同的国家和时代得到了实践，并得到了政治主题上最受认可的作家的认可。
The opponents of the plan proposed have, with great assiduity, cited and circulated the observations of Montesquieu on the necessity of a contracted territory for a republican government.
所提议计划的反对者孜孜不倦地引用并传播了孟德斯鸠关于共和政府有必要签订契约领土的意见。
But they seem not to have been apprised of the sentiments of that great man expressed in another part of his work, nor to have adverted to the consequences of the principle to which they subscribe with such ready acquiescence.
但他们似乎并没有了解这位伟人在其作品的另一部分中所表达的情感，也没有注意到他们如此默许的原则的后果。
When Montesquieu recommends a small extent for republics, the standards he had in view were of dimensions far short of the limits of almost every one of these States.
当孟德斯鸠建议共和国的范围较小时，他所考虑的标准远远低于几乎所有这些国家的限度。
Neither Virginia, Massachusetts, Pennsylvania, New York, North Carolina, nor Georgia can by any means be compared with the models from which he reasoned and to which the terms of his description apply.
弗吉尼亚州、马萨诸塞州、宾夕法尼亚州、纽约州、北卡罗来纳州和佐治亚州无论如何都无法与他推理的模型以及他的描述条款所适用的模型进行比较。
If we therefore take his ideas on this point as the criterion of truth, we shall be driven to the alternative either of taking refuge at once in the arms of monarchy, or of splitting ourselves into an infinity of little, jealous, clashing, tumultuous commonwealths, the wretched nurseries of unceasing discord, and the miserable objects of universal pity or contempt.
因此，如果我们把他在这一点上的观点作为真理的标准，我们将被迫做出选择，要么立即投身于君主政体的怀抱，要么将我们自己分裂成无限小的、嫉妒的、冲突的、动荡的国家，不断不和的可怜的托儿所，以及普遍怜悯或蔑视的悲惨对象。
Some of the writers who have come forward on the other side of the question seem to have been aware of the dilemma; and have even been bold enough to hint at the division of the larger States as a desirable thing.
一些站在问题另一边的作家似乎已经意识到了这个困境。甚至大胆地暗示较大州的分裂是一件可取的事情。
Such an infatuated policy, such a desperate expedient, might, by the multiplication of petty offices, answer the views of men who possess not qualifications to extend their influence beyond the narrow circles of personal intrigue, but it could never promote the greatness or happiness of the people of America.
这样一种痴情的政策，这样一种绝望的权宜之计，可能会通过繁琐的职务来满足那些没有资格将其影响力扩展到个人阴谋的狭隘范围之外的人的观点，但它永远无法促进美国人民的伟大和幸福。
Referring the examination of the principle itself to another place, as has been already mentioned, it will be sufficient to remark here that, in the sense of the author who has been most emphatically quoted upon the occasion, it would only dictate a reduction of the SIZE of the more considerable MEMBERS of the Union, but would not militate against their being all comprehended in one confederate government.
正如已经提到的，把对该原则本身的考察放到另一个地方就足够了，在这里指出，就当时最强调引用的作者的意义而言，它只会要求减少更重要的联邦成员的规模，但不会妨碍他们被纳入一个邦联政府。
And this is the true question, in the discussion of which we are at present interested.
这是我们目前感兴趣的讨论的真正问题。
So far are the suggestions of Montesquieu from standing in opposition to a general Union of the States, that he explicitly treats of a confederate republic as the expedient for extending the sphere of popular government, and reconciling the advantages of monarchy with those of republicanism.
到目前为止，孟德斯鸠的建议并不是反对建立一个普遍的联邦，而是明确将邦联共和国视为扩大人民政府范围、调和君主制与共和主义优点的权宜之计。
"It is very probable," (says he(1)) "that mankind would have been obliged at length to live constantly under the government of a single person, had they not contrived a kind of constitution that has all the internal advantages of a republican, together with the external force of a monarchical government.
“很可能，”（他说（1））“如果人类没有设计出一种具有共和政体所有内部优势以及君主政体外部力量的宪法，那么人类最终将被迫长期生活在一个人的政府之下。
I mean a CONFEDERATE REPUBLIC."
我的意思是一个联邦共和国。”
"This form of government is a convention by which several smaller STATES agree to become members of a larger ONE, which they intend to form.
“这种形式的政府是一种公约，几个较小的国家同意成为他们打算组建的一个较大国家的成员。
It is a kind of assemblage of societies that constitute a new one, capable of increasing, by means of new associations, till they arrive to such a degree of power as to be able to provide for the security of the united body."
它是一种社会组合，构成一个新的社会，能够通过新的联合体不断壮大，直到达到能够为联合体提供安全的力量为止。”
"A republic of this kind, able to withstand an external force, may support itself without any internal corruptions.
“这样的共和国，能够承受外部力量，可以在没有任何内部腐败的情况下自给自足。
The form of this society prevents all manner of inconveniences."
这个社会的形式可以防止各种不便。”
"If a single member should attempt to usurp the supreme authority, he could not be supposed to have an equal authority and credit in all the confederate states.
“如果一个成员试图篡夺最高权力，他就不能被认为在所有邦联国家中拥有平等的权力和信誉。
Were he to have too great influence over one, this would alarm the rest.
如果他对一个人的影响太大，就会让其他人惊慌。
Were he to subdue a part, that which would still remain free might oppose him with forces independent of those which he had usurped and overpower him before he could be settled in his usurpation."
如果他征服了一部分，那么仍然保持自由的部分可能会以独立于他所篡夺的力量来反对他，并在他能够安定于他的篡夺之前压倒他。”
"Should a popular insurrection happen in one of the confederate states the others are able to quell it.
“如果邦联邦之一发生民众叛乱，其他邦就能平息。
Should abuses creep into one part, they are reformed by those that remain sound.
如果某一部分出现滥用行为，那些仍然健全的人就会对其进行改革。
The state may be destroyed on one side, and not on the other; the confederacy may be dissolved, and the confederates preserve their sovereignty."
国家可能一方面被毁灭，另一方面则不然；邦联可能解散，而邦联则保留其主权。”
"As this government is composed of small republics, it enjoys the internal happiness of each; and with respect to its external situation, it is possessed, by means of the association, of all the advantages of large monarchies."
“由于这个政府是由小共和国组成的，因此它享有每个共和国的内部幸福；而就其外部情况而言，它通过联合体而拥有大君主国的所有优势。”
I have thought it proper to quote at length these interesting passages, because they contain a luminous abridgment of the principal arguments in favor of the Union, and must effectually remove the false impressions which a misapplication of other parts of the work was calculated to make.
我认为详细地引用这些有趣的段落是适当的，因为它们包含了对有利于联盟的主要论点的清晰的删节，并且必须有效地消除由于误用本书其他部分而造成的错误印象。
They have, at the same time, an intimate connection with the more immediate design of this paper; which is, to illustrate the tendency of the Union to repress domestic faction and insurrection.
同时，它们与本文更直接的设计有着密切的联系。也就是说，为了说明联盟镇压国内派别和叛乱的倾向。
A distinction, more subtle than accurate, has been raised between a CONFEDERACY and a CONSOLIDATION of the States.
人们提出了邦联和各州合并之间的区别，这种区别比准确的更微妙。
The essential characteristic of the first is said to be, the restriction of its authority to the members in their collective capacities, without reaching to the individuals of whom they are composed.
第一个的基本特征据说是，其权威仅限于成员的集体能力，而不触及组成成员的个人。
It is contended that the national council ought to have no concern with any object of internal administration.
有人认为，全国委员会不应该关心任何内部管理的目标。
An exact equality of suffrage between the members has also been insisted upon as a leading feature of a confederate government.
成员之间的选举权完全平等也被坚持作为邦联政府的一个主要特征。
These positions are, in the main, arbitrary; they are supported neither by principle nor precedent.
这些立场大体上是任意的；它们既没有原则也没有先例支持。
It has indeed happened, that governments of this kind have generally operated in the manner which the distinction taken notice of, supposes to be inherent in their nature; but there have been in most of them extensive exceptions to the practice, which serve to prove, as far as example will go, that there is no absolute rule on the subject.
确实发生过这样的情况：这类政府一般都按照这种区别所注意到的方式运作，认为这是其本质所固有的。但其中大多数都存在广泛的例外情况，这足以证明，就例子而言，在这个问题上不存在绝对的规则。
And it will be clearly shown in the course of this investigation that as far as the principle contended for has prevailed, it has been the cause of incurable disorder and imbecility in the government.
这次调查的过程将清楚地表明，就所主张的原则而言，它一直是政府中无法治愈的混乱和低能的原因。
The definition of a CONFEDERATE REPUBLIC seems simply to be "an assemblage of societies," or an association of two or more states into one state.
邦联共和国的定义似乎只是“社会的集合”，或者两个或多个国家联合成一个国家。
The extent, modifications, and objects of the federal authority are mere matters of discretion.
联邦权力的范围、修改和目标仅仅是自由裁量权的问题。
So long as the separate organization of the members be not abolished; so long as it exists, by a constitutional necessity, for local purposes; though it should be in perfect subordination to the general authority of the union, it would still be, in fact and in theory, an association of states, or a confederacy.
只要不取消会员的单独组织；只要它存在，出于宪法的需要，出于地方目的；尽管它应该完全服从联邦的总体权力，但事实上和理论上，它仍然是一个国家联盟或一个邦联。
The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power.
拟议的宪法远没有意味着废除州政府，而是通过允许州政府在参议院拥有直接代表权，使州政府成为国家主权的组成部分，并让州政府拥有某些专有且非常重要的主权权力。
This fully corresponds, in every rational import of the terms, with the idea of a federal government.
从每一个合理的术语含义来看，这完全符合联邦政府的理念。
In the Lycian confederacy, which consisted of twenty-three CITIES or republics, the largest were entitled to THREE votes in the COMMON COUNCIL, those of the middle class to TWO, and the smallest to ONE.
在由二十三个城市或共和国组成的利西亚联盟中，最大的城市或共和国在共同委员会中拥有三票，中产阶级拥有两票，最小的拥有一票。
The COMMON COUNCIL had the appointment of all the judges and magistrates of the respective CITIES.
共同委员会任命了各城市的所有法官和治安法官。
This was certainly the most, delicate species of interference in their internal administration; for if there be any thing that seems exclusively appropriated to the local jurisdictions, it is the appointment of their own officers.
这无疑是对他们内部管理最微妙的干扰。因为如果说有什么事情似乎只适合当地司法管辖区的话，那就是任命他们自己的官员。
Yet Montesquieu, speaking of this association, says: "Were I to give a model of an excellent Confederate Republic, it would be that of Lycia." Thus we perceive that the distinctions insisted upon were not within the contemplation of this enlightened civilian; and we shall be led to conclude, that they are the novel refinements of an erroneous theory.
然而，孟德斯鸠在谈到这种联系时说道：“如果我要给出一个优秀的邦联共和国的典范，那我一定会选择利西亚。”因此，我们认为，所坚持的区别并不在这位开明的平民的考虑范围之内。我们将得出这样的结论：它们是对错误理论的新颖改进。
PUBLIUS
普布利乌斯
1.
1.
"Spirit of Laws," vol. i., book ix., chap.
《法律的精神》卷。 i.，第九册，第一章。
i.
我。
FEDERALIST No. 10
联邦党人 10 号
The Same Subject Continued (The Union as a Safeguard Against Domestic Faction and Insurrection)
同一主题继续（联盟作为防范国内派系和叛乱的保障）
From the Daily Advertiser.
来自每日广告商。
Thursday, November 22, 1787.
1787 年 11 月 22 日，星期四。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.
在一个精心构建的联盟所承诺的众多优势中，最值得准确发展的莫过于其打破和控制派系暴力的倾向。
The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice.
人民政府的朋友从来没有像当他思考他们的这种危险恶习的倾向时那样对他们的性格和命运感到如此震惊。
He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it.
因此，他不会不对任何计划设定应有的价值，只要不违反他所坚持的原则，就能提供适当的解决方案。
The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations.
事实上，公共议会中出现的不稳定、不公正和混乱已经成为各地人民政府灭亡的致命疾病。因为它们仍然是自由的敌人们最喜爱和富有成效的话题，从中得出他们最似是而非的言论。
The valuable improvements made by the American constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side, as was wished and expected.
美国宪法对古代和现代流行模式所做的宝贵改进，当然不能过分钦佩。但如果声称他们已经像人们所希望和期望的那样有效地消除了这一方面的危险，那就是一种毫无根据的偏袒。
Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.
我们最体贴和最有道德的公民，同样是公共和私人信仰的朋友，以及公共和个人自由的朋友，到处都在抱怨我们的政府太不稳定，公共利益在敌对政党的冲突中被忽视，而且措施的决定往往不是根据正义规则和小党的权利，而是由利益相关和专横的多数派的优势力量决定。
However anxiously we may wish that these complaints had no foundation, the evidence, of known facts will not permit us to deny that they are in some degree true.
无论我们多么焦急地希望这些抱怨没有根据，已知事实的证据不允许我们否认它们在某种程度上是真实的。
It will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been erroneously charged on the operation of our governments; but it will be found, at the same time, that other causes will not alone account for many of our heaviest misfortunes; and, particularly, for that prevailing and increasing distrust of public engagements, and alarm for private rights, which are echoed from one end of the continent to the other.
事实上，坦率地审视我们的处境就会发现，我们所经历的一些困境被错误地归咎于我们政府的运作；但同时我们也会发现，我们许多最严重的不幸并不能仅仅由其他原因造成。尤其是对公共参与的普遍不信任以及对私人权利的警惕，这些现象从非洲大陆的一端传到另一端。
These must be chiefly, if not wholly, effects of the unsteadiness and injustice with which a factious spirit has tainted our public administrations.
这些即使不是全部，也主要是由于派系精神污染了我们的公共行政部门的不稳定和不公正所造成的。
By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.
我所说的派系，是指一些公民，无论是全体公民中的多数还是少数，他们因某种共同的激情或利益冲动而团结起来并受到驱使，不利于其他公民的权利，也不利于社会的永久和总体利益。
There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.
消除派系祸害有两种方法：一是消除其根源；二是消除派系危害。另一个是通过控制其影响。
There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.
消除派别根源的方法也有两种：一是摧毁其存在所必需的自由；二是通过破坏自由来消除派别的根源。另一个是给予每个公民相同的观点、相同的热情和相同的利益。
It could never be more truly said than of the first remedy, that it was worse than the disease.
没有比第一种治疗方法更真实的说法了，它比疾病更糟糕。
Liberty is to faction what air is to fire, an aliment without which it instantly expires.
自由之于派系就像空气之于火焰一样，是一种食物，没有它它就会立即失效。
But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.
但是，废除自由对于政治生活至关重要，因为它滋生派系，这与希望消灭空气一样愚蠢，而空气对于动物生命至关重要，因为它赋予了火破坏性的力量。
The second expedient is as impracticable as the first would be unwise.
第二种权宜之计与第一种权宜之计一样不切实际。
As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed.
只要人的理性仍然容易犯错，并且可以自由地运用它，就会形成不同的意见。
As long as the connection subsists between his reason and his self-love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves.
只要他的理性和自爱之间存在联系，他的观点和他的激情就会相互影响；前者将成为后者所依附的对象。
The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests.
财产权源于人类能力的多样性，这同样是利益统一的不可克服的障碍。
The protection of these faculties is the first object of government.
保护这些能力是政府的首要目标。
From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.
由于对获得财产的不同和不平等的能力的保护，立即产生了不同程度和种类的财产的占有；由于这些对各自所有者的情绪和观点的影响，导致社会分裂为不同的利益和政党。
The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society.
因此，派系的潜在原因就已在人的本性中埋下了种子。我们到处都看到它们根据公民社会的不同情况而发挥着不同程度的作用。
A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to co-operate for their common good.
热衷于关于宗教、政府和许多其他问题的不同意见，以及思辨和实践；对雄心勃勃地争夺卓越地位和权力的不同领导人的依恋；或其他类型的人，他们的命运对人类的热情很有趣，反过来又将人类分成不同的党派，煽动他们相互仇恨，使他们更倾向于互相烦恼和压迫，而不是为了共同利益而合作。
So strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent conflicts.
人类相互敌视的倾向如此强烈，以至于在没有任何实质性的场合出现的情况下，最轻率和最异想天开的区别就足以点燃他们不友好的激情并激起他们最激烈的冲突。
But the most common and durable source of factions has been the various and unequal distribution of property.
但派系最常见、最持久的根源是财产分配的多样化和不平等。
Those who hold and those who are without property have ever formed distinct interests in society.
拥有财产的人和无财产的人在社会上一直形成不同的利益。
Those who are creditors, and those who are debtors, fall under a like discrimination.
债权人和债务人都受到同样的歧视。
A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views.
土地利益、制造业利益、商业利益、货币利益以及许多较小的利益，在文明国家中必然产生，并将它们划分为不同的阶级，受到不同的情感和观点的驱动。
The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government.
对这些不同的、相互干扰的利益的调节构成了现代立法的主要任务，并在政府的必要和日常运作中涉及党派精神。
No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.
任何人都不能成为自己案件的法官，因为他的利益肯定会影响他的判断，而且很可能会败坏他的正直。
With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens?
同样，甚至更重要的是，一群人不适合同时担任法官和政党。然而，许多最重要的立法行为，除了如此多的司法决定之外，实际上并不是涉及个人的权利，而是涉及大量公民的权利？
And what are the different classes of legislators but advocates and parties to the causes which they determine?
除了他们所决定的事业的倡导者和当事人之外，还有哪些不同阶层的立法者呢？
Is a law proposed concerning private debts?
是否提出了一项有关私人债务的法律？
It is a question to which the creditors are parties on one side and the debtors on the other.
在这个问题上，一方是债权人，另一方是债务人。
Justice ought to hold the balance between them.
正义应该在他们之间保持平衡。
Yet the parties are, and must be, themselves the judges; and the most numerous party, or, in other words, the most powerful faction must be expected to prevail.
然而，当事人本身就是法官，而且必须是法官。人数最多的政党，或者换句话说，最强大的派系必定会获胜。
Shall domestic manufactures be encouraged, and in what degree, by restrictions on foreign manufactures?
是否应该通过对外国制造商的限制来鼓励国内制造商，以及在多大程度上？
are questions which would be differently decided by the landed and the manufacturing classes, and probably by neither with a sole regard to justice and the public good.
这些问题将由土地阶级和制造业阶级做出不同的决定，而且很可能两者都不会仅仅考虑正义和公共利益。
The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice.
对不同种类的财产进行税收分配似乎需要最严格的公正性；然而，或许还没有哪个立法法案能够给予主要政党更大的机会和诱惑来践踏正义规则。
Every shilling with which they overburden the inferior number, is a shilling saved to their own pockets.
他们使劣等人负担过重的每一先令，都是省到自己口袋里的一先令。
It is in vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good.
说开明的政治家将能够调整这些相互冲突的利益，并使它们都服从于公共利益，这是徒劳的。
Enlightened statesmen will not always be at the helm.
开明的政治家不会永远掌舵。
Nor, in many cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one party may find in disregarding the rights of another or the good of the whole.
在许多情况下，在不考虑间接和遥远的考虑的情况下根本无法做出这样的调整，这些考虑很少会压倒一方可能因忽视另一方的权利或整体利益而发现的直接利益。
The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS.
我们得出的推论是，派系的根源无法消除，只能通过控制其影响来寻求缓解。
If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote.
如果一个派系的人数少于多数，则可以通过共和原则来缓解，这使得多数派能够通过定期投票击败其险恶的观点。
It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution.
它可能会阻碍行政管理，可能会引起社会震动；但它将无法以宪法的形式执行和掩盖其暴力行为。
When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.
另一方面，当一个派别中包含多数人时，人民政府的形式使其能够为了其统治热情或利益而牺牲公共利益和其他公民的权利。
To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed.
确保公共利益和私人权利免受此类派系的威胁，同时维护人民政府的精神和形式，就是我们研究的伟大目标。
Let me add that it is the great desideratum by which this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind.
让我补充一点，这是一种伟大的愿望，通过这种形式的政府能够摆脱它长期遭受的耻辱，并得到人类的尊重和采用。
By what means is this object attainable?
通过什么手段可以达到这个目的呢？
Evidently by one of two only.
显然只有两个人之一。
Either the existence of the same passion or interest in a majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression.
要么必须阻止大多数人同时存在相同的激情或利益，要么必须使具有这种共存激情或利益的多数人，由于其人数和当地情况，无法协调和实施压迫计划。
If the impulse and the opportunity be suffered to coincide, we well know that neither moral nor religious motives can be relied on as an adequate control.
如果冲动和机会同时发生，我们清楚地知道，道德或宗教动机都不能作为充分的控制。
They are not found to be such on the injustice and violence of individuals, and lose their efficacy in proportion to the number combined together, that is, in proportion as their efficacy becomes needful.
人们发现它们对个人的不公正和暴力并不如此，并且它们的功效随着加在一起的数量成正比，即随着它们的功效变得需要而成比例。
From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction.
从这个主题的角度来看，可以得出这样的结论：纯粹的民主，我指的是由少数公民组成的社会，他们亲自组建和管理政府，无法治愈派系的祸害。
A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual.
几乎在所有情况下，大多数人都会感受到共同的热情或兴趣；政府形式本身的沟通和协调；没有什么可以阻止牺牲弱者或令人讨厌的个人的诱惑。
Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.
因此，这样的民主国家一直是动荡和争论的景象。曾经被发现与人身安全或财产权不相容；总的来说，他们的生命是短暂的，而他们的死亡却是暴力的。
Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions.
支持这种政府的理论政治家错误地认为，通过将人类的政治权利降低到完全平等，他们同时在财产、观点和激情方面也将得到完全平等和同化。
A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking.
一个共和国，我指的是一个实行代议制的政府，开启了一个不同的前景，并承诺了我们正在寻求的治疗方法。
Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union.
让我们考察一下它与纯粹民主的不同点，我们就会理解治愈方法的本质以及它必须从联邦中获得的功效。
The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.
民主和共和政体之间的两大区别是：第一，共和政体将政府授权给少数由其余公民选出的公民；其次，更多的公民和更大的国家范围，后者可以扩展到更大的范围。
The effect of the first difference is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations.
第一个区别的作用是，一方面，通过选定的公民团体传递公众观点，从而提炼和扩大公众观点，这些公民的智慧最能洞察国家的真正利益，他们的爱国主义和对正义的热爱最不可能为了暂时或片面的考虑而牺牲它。
Under such a regulation, it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose.
在这样的规定下，由人民代表发出的公共声音很可能会比由人民自己为此目的召集而发出的声音更符合公共利益。
On the other hand, the effect may be inverted.
另一方面，效果可能会适得其反。
Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people.
脾气暴躁、地方偏见或怀有险恶图谋的人，可能会通过阴谋、腐败或其他手段，先获得人民的选举权，然后背叛人民的利益。
The question resulting is, whether small or extensive republics are more favorable to the election of proper guardians of the public weal; and it is clearly decided in favor of the latter by two obvious considerations:
由此产生的问题是，小共和国还是大共和国更有利于选举公共福利的适当守护者？出于两个明显的考虑，显然决定支持后者：
In the first place, it is to be remarked that, however small the republic may be, the representatives must be raised to a certain number, in order to guard against the cabals of a few; and that, however large it may be, they must be limited to a certain number, in order to guard against the confusion of a multitude.
首先，需要指出的是，无论共和国多么小，代表都必须达到一定数量，以防止少数人的阴谋；而且，无论规模有多大，都必须限制在一定数量，以防止群众造成混乱。
Hence, the number of representatives in the two cases not being in proportion to that of the two constituents, and being proportionally greater in the small republic, it follows that, if the proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and consequently a greater probability of a fit choice.
因此，这两种情况下的代表人数与两个选民的人数不成比例，并且小共和国的代表人数比例更大，因此，如果大共和国的合适人物比例不小于小共和国，则前者将提供更大的选择，因此合适选择的可能性也更大。
In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it will be more difficult for unworthy candidates to practice with success the vicious arts by which elections are too often carried; and the suffrages of the people being more free, will be more likely to centre in men who possess the most attractive merit and the most diffusive and established characters.
其次，由于大共和国的每位代表将由比小共和国更多的公民选出，因此，不值得的候选人将更难成功地实施选举中经常采用的邪恶手段；人民的选举权越自由，就越有可能集中在那些拥有最有吸引力的优点、最具有传播力和最有地位的品格的人身上。
It must be confessed that in this, as in most other cases, there is a mean, on both sides of which inconveniences will be found to lie.
必须承认，在这种情况下，就像在大多数其他情况下一样，有一个中间地带，双方都会发现不便之处。
By enlarging too much the number of electors, you render the representatives too little acquainted with all their local circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these, and too little fit to comprehend and pursue great and national objects.
选举人数过多，代表们对当地情况和次要利益了解太少；因为如果减少太多，你就会使他过分执着于这些，并且太不适合理解和追求伟大的国家目标。
The federal Constitution forms a happy combination in this respect; the great and aggregate interests being referred to the national, the local and particular to the State legislatures.
联邦宪法在这方面形成了完美的组合；重大和总体利益被提交给国家、地方，特别是州立法机构。
The other point of difference is, the greater number of citizens and extent of territory which may be brought within the compass of republican than of democratic government; and it is this circumstance principally which renders factious combinations less to be dreaded in the former than in the latter.
另一个不同点是，共和政体比民主政体有更多的公民和更大的领土范围。正是在这种情况下，前者比后者更容易出现派别联合。
The smaller the society, the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression.
社会越小，组成社会的不同政党和利益集团就越少。不同政党和利益越少，同一政党占多数的情况就越常见；构成多数的人数越少，他们所处的范围越小，他们就越容易联合起来执行他们的压迫计划。
Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other.
扩大范围，你就会吸收更多不同的政党和利益；你使大多数人不太可能有共同的动机侵犯其他公民的权利；或者，如果存在这样的共同动机，那么所有有这种共同动机的人就更难发现自己的力量，并彼此协调一致地行动。
Besides other impediments, it may be remarked that, where there is a consciousness of unjust or dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence is necessary.
除了其他障碍之外，可以指出的是，当存在不公正或不光彩目的的意识时，沟通总是受到不信任的阻碍，其比例与需要同意的人数成比例。
Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic,--is enjoyed by the Union over the States composing it.
因此，很明显，在控制派系影响方面，共和制比民主制具有同样的优势，大共和国比小共和国享有同样的优势，联邦也比组成它的各州享有同样的优势。
Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice?
优势是否在于替换那些具有开明观点和高尚情感的代表，使他们优于当地的偏见和不公正的计划？
It will not be denied that the representation of the Union will be most likely to possess these requisite endowments.
不可否认的是，欧盟的代表最有可能拥有这些必要的天赋。
Does it consist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest?
它是否在于由更多种类的政党提供更大的安全，以防止任何一方能够在数量上超过并压迫其他一方？
In an equal degree does the increased variety of parties comprised within the Union, increase this security.
欧盟内部政党种类的增加也同样增强了这种安全性。
Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority?
总而言之，它是否存在于阻碍不公正和利益攸关的多数人协调和实现秘密愿望的更大障碍中？
Here, again, the extent of the Union gives it the most palpable advantage.
在这里，联盟的范围再次赋予了它最明显的优势。
The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States.
派别领导人的影响力可能会在其特定州内点燃火焰，但无法在其他州蔓延大火。
A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source.
一个宗教派别可能会在邦联的一部分内退化为一个政治派别；但是，遍布整个地区的各种教派必须确保全国委员会免受来自该来源的任何危险。
A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.
对纸币、废除债务、平等分割财产或任何其他不当或邪恶计划的愤怒，将不像某个特定成员那样容易席卷整个联盟；与这种疾病更有可能污染某个县或地区而不是整个州的比例相同。
In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government.
因此，在联邦的范围和适当的结构中，我们看到了共和政府对最易发生的疾病的共和疗法。
And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists.
根据我们作为共和党人所感到的快乐和自豪的程度，我们应该热衷于珍惜联邦党人的精神和支持联邦党人的品格。
PUBLIUS
普布利乌斯
FEDERALIST No. 11
联邦党人 11 号
The Utility of the Union in Respect to Commercial Relations and a Navy
联盟在商业关系和海军方面的效用
For the Independent Journal.
对于独立杂志。
Saturday, November 24, 1787
1787 年 11 月 24 日，星期六
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and which has, in fact, commanded the most general assent of men who have any acquaintance with the subject.
从商业角度来看，联邦的重要性是最不允许有意见分歧的观点之一，事实上，这一点已经赢得了熟悉该主题的人们最普遍的同意。
This applies as well to our intercourse with foreign countries as with each other.
这也适用于我们与外国的交往以及我们彼此之间的交往。
There are appearances to authorize a supposition that the adventurous spirit, which distinguishes the commercial character of America, has already excited uneasy sensations in several of the maritime powers of Europe.
有迹象表明，美国的商业特征所特有的冒险精神已经在欧洲的几个海上强国中引起了不安。
They seem to be apprehensive of our too great interference in that carrying trade, which is the support of their navigation and the foundation of their naval strength.
他们似乎担心我们对运输贸易的干涉过多，而运输贸易是他们航行的支撑，也是他们海军力量的基础。
Those of them which have colonies in America look forward to what this country is capable of becoming, with painful solicitude.
他们中那些在美洲拥有殖民地的人怀着痛苦的忧虑期待着这个国家能够成为什么样子。
They foresee the dangers that may threaten their American dominions from the neighborhood of States, which have all the dispositions, and would possess all the means, requisite to the creation of a powerful marine.
他们预见到邻国可能会威胁到他们的美国领土，而这些邻国拥有建立一支强大的海军陆战队所需的一切部署和手段。
Impressions of this kind will naturally indicate the policy of fostering divisions among us, and of depriving us, as far as possible, of an ACTIVE COMMERCE in our own bottoms.
这种印象自然会表明我们的政策是在我们之间助长分裂，并尽可能地剥夺我们内心的活跃商业。
This would answer the threefold purpose of preventing our interference in their navigation, of monopolizing the profits of our trade, and of clipping the wings by which we might soar to a dangerous greatness.
这将满足三个目的：防止我们干扰他们的航行，垄断我们的贸易利润，以及剪掉我们可能飞向危险的伟大的翅膀。
Did not prudence forbid the detail, it would not be difficult to trace, by facts, the workings of this policy to the cabinets of ministers.
如果不是出于谨慎而禁止细节，那么根据事实，不难追踪到部长内阁这项政策的实施情况。
If we continue united, we may counteract a policy so unfriendly to our prosperity in a variety of ways.
如果我们继续团结起来，我们可能会以各种方式抵制一项对我们的繁荣如此不友好的政策。
By prohibitory regulations, extending, at the same time, throughout the States, we may oblige foreign countries to bid against each other, for the privileges of our markets.
通过同时扩展到全国的禁止性法规，我们可能会迫使外国相互竞标，以争夺我们的市场特权。
This assertion will not appear chimerical to those who are able to appreciate the importance of the markets of three millions of people--increasing in rapid progression, for the most part exclusively addicted to agriculture, and likely from local circumstances to remain so--to any manufacturing nation; and the immense difference there would be to the trade and navigation of such a nation, between a direct communication in its own ships, and an indirect conveyance of its products and returns, to and from America, in the ships of another country.
对于那些能够认识到 300 万人市场对任何制造业国家的重要性的人来说，这种说法不会显得空想——这些市场正在迅速发展，其中大部分人完全沉迷于农业，而且从当地情况来看，这种市场很可能仍然如此。对于这样一个国家的贸易和航海来说，在其自己的船只上进行直接通信，与在另一个国家的船只上将其产品和退货往返于美国之间的间接运输之间存在着巨大的差异。
Suppose, for instance, we had a government in America, capable of excluding Great Britain (with whom we have at present no treaty of commerce) from all our ports; what would be the probable operation of this step upon her politics?
例如，假设我们在美国有一个政府，能够将英国（我们目前与英国没有商业条约）排除在我们所有港口之外；这一步骤可能会对她的政治产生什么影响？
Would it not enable us to negotiate, with the fairest prospect of success, for commercial privileges of the most valuable and extensive kind, in the dominions of that kingdom?
难道它不会使我们能够以最公平的成功前景进行谈判，在该王国的领土上获得最有价值和最广泛的商业特权吗？
When these questions have been asked, upon other occasions, they have received a plausible, but not a solid or satisfactory answer.
当这些问题在其他场合被问到时，他们得到了一个看似合理的答案，但不是一个可靠或令人满意的答案。
It has been said that prohibitions on our part would produce no change in the system of Britain, because she could prosecute her trade with us through the medium of the Dutch, who would be her immediate customers and paymasters for those articles which were wanted for the supply of our markets.
据说，我们的禁令不会改变英国的制度，因为她可以通过荷兰人进行与我们的贸易，而荷兰人将是她的直接客户，也是供应我们市场所需物品的付款人。
But would not her navigation be materially injured by the loss of the important advantage of being her own carrier in that trade?
但是，如果失去了在该贸易中作为自己的航母的重要优势，她的航行难道不会受到重大损害吗？
Would not the principal part of its profits be intercepted by the Dutch, as a compensation for their agency and risk?
难道其利润的主要部分不会被荷兰人截取，作为对其代理权和风险的补偿吗？
Would not the mere circumstance of freight occasion a considerable deduction?
仅仅运费的情况难道不会造成相当大的扣除吗？
Would not so circuitous an intercourse facilitate the competitions of other nations, by enhancing the price of British commodities in our markets, and by transferring to other hands the management of this interesting branch of the British commerce?
通过提高英国商品在我们市场上的价格，并将英国商业这一有趣部门的管理权转移到其他人手中，如此迂回的交往难道不会促进其他国家的竞争吗？
A mature consideration of the objects suggested by these questions will justify a belief that the real disadvantages to Britain from such a state of things, conspiring with the pre-possessions of a great part of the nation in favor of the American trade, and with the importunities of the West India islands, would produce a relaxation in her present system, and would let us into the enjoyment of privileges in the markets of those islands elsewhere, from which our trade would derive the most substantial benefits.
对这些问题提出的目标进行成熟的考虑将证明这样一种信念，即这种情况对英国的真正不利，加上该国大部分人对美国贸易的先入之见，以及西印度群岛的强求，将使她目前的制度放松，并使我们在其他岛屿的市场上享有特权，我们的贸易将从中获得最实质性的利益。
Such a point gained from the British government, and which could not be expected without an equivalent in exemptions and immunities in our markets, would be likely to have a correspondent effect on the conduct of other nations, who would not be inclined to see themselves altogether supplanted in our trade.
从英国政府那里获得的这一点，如果没有我们市场上的同等豁免和豁免，就不可能期望得到这一点，这可能会对其他国家的行为产生相应的影响，而其他国家不会倾向于看到自己在我们的贸易中被完全取代。
A further resource for influencing the conduct of European nations toward us, in this respect, would arise from the establishment of a federal navy.
在这方面，影响欧洲国家对我们的行为的进一步资源将来自建立联邦海军。
There can be no doubt that the continuance of the Union under an efficient government would put it in our power, at a period not very distant, to create a navy which, if it could not vie with those of the great maritime powers, would at least be of respectable weight if thrown into the scale of either of two contending parties.
毫无疑问，在一个高效政府的领导下，联邦的继续存在将使我们有能力在不久的将来建立一支海军，即使它不能与海上强国的海军相抗衡，但如果与两个竞争方中的任何一个相比，它至少具有相当的分量。
This would be more peculiarly the case in relation to operations in the West Indies.
对于西印度群岛的行动来说，情况更为特殊。
A few ships of the line, sent opportunely to the reinforcement of either side, would often be sufficient to decide the fate of a campaign, on the event of which interests of the greatest magnitude were suspended.
适时派出几艘战列舰来增援双方，往往足以决定一场战役的命运，一旦发生，最重大的利益就会被搁置。
Our position is, in this respect, a most commanding one.
在这方面，我们的立场是最重要的。
And if to this consideration we add that of the usefulness of supplies from this country, in the prosecution of military operations in the West Indies, it will readily be perceived that a situation so favorable would enable us to bargain with great advantage for commercial privileges.
如果考虑到这一点，我们还考虑到来自这个国家的物资在西印度群岛军事行动中的用处，那么很容易看出，如此有利的形势将使我们能够以巨大的优势讨价还价以获得商业特权。
A price would be set not only upon our friendship, but upon our neutrality.
代价不仅是我们的友谊，还有我们的中立。
By a steady adherence to the Union we may hope, erelong, to become the arbiter of Europe in America, and to be able to incline the balance of European competitions in this part of the world as our interest may dictate.
通过坚定地遵守欧盟，我们可能希望很快成为欧洲在美洲的仲裁者，并能够根据我们的利益来调整欧洲在世界这一地区的竞争平衡。
But in the reverse of this eligible situation, we shall discover that the rivalships of the parts would make them checks upon each other, and would frustrate all the tempting advantages which nature has kindly placed within our reach.
但与这种适当的情况相反，我们会发现，各部分之间的竞争会使它们相互制约，并会挫败大自然善意地置于我们力所能及的范围内的所有诱人的优势。
In a state so insignificant our commerce would be a prey to the wanton intermeddlings of all nations at war with each other; who, having nothing to fear from us, would with little scruple or remorse, supply their wants by depredations on our property as often as it fell in their way.
在一个如此微不足道的国家，我们的商业将成为所有交战国家肆意干涉的牺牲品。他们没有什么可担心我们的，只要我们的财产妨碍了他们，他们就会毫无顾忌或悔恨地通过掠夺我们的财产来满足他们的需要。
The rights of neutrality will only be respected when they are defended by an adequate power.
中立权只有得到足够权力的捍卫才能得到尊重。
A nation, despicable by its weakness, forfeits even the privilege of being neutral.
一个国家如果因自身的软弱而变得卑鄙，甚至会丧失中立的特权。
Under a vigorous national government, the natural strength and resources of the country, directed to a common interest, would baffle all the combinations of European jealousy to restrain our growth.
在一个充满活力的国家政府的领导下，国家的自然力量和资源，为了共同利益，将挫败欧洲的所有嫉妒，从而限制我们的发展。
This situation would even take away the motive to such combinations, by inducing an impracticability of success.
这种情况甚至会导致成功的不切实际，从而消除这种组合的动机。
An active commerce, an extensive navigation, and a flourishing marine would then be the offspring of moral and physical necessity.
活跃的商业、广泛的航行和繁荣的海军将成为道德和物质需要的产物。
We might defy the little arts of the little politicians to control or vary the irresistible and unchangeable course of nature.
我们可能会藐视小政治家的小伎俩来控制或改变不可抗拒和无法改变的自然进程。
But in a state of disunion, these combinations might exist and might operate with success.
但在分裂的状态下，这些组合可能存在并且可能成功运作。
It would be in the power of the maritime nations, availing themselves of our universal impotence, to prescribe the conditions of our political existence; and as they have a common interest in being our carriers, and still more in preventing our becoming theirs, they would in all probability combine to embarrass our navigation in such a manner as would in effect destroy it, and confine us to a PASSIVE COMMERCE.
海洋国家有能力利用我们普遍的无能为力来规定我们政治存在的条件；由于他们的共同利益是成为我们的承运人，更重要的是阻止我们成为他们的承运人，他们很可能联合起来使我们的航行陷入困境，从而实际上摧毁我们的航行，并将我们限制在被动的商业中。
We should then be compelled to content ourselves with the first price of our commodities, and to see the profits of our trade snatched from us to enrich our enemies and persecutors.
然后，我们将被迫满足于商品的第一价格，并眼睁睁地看着我们的贸易利润被夺走，让我们的敌人和迫害者致富。
That unequaled spirit of enterprise, which signalizes the genius of the American merchants and navigators, and which is in itself an inexhaustible mine of national wealth, would be stifled and lost, and poverty and disgrace would overspread a country which, with wisdom, might make herself the admiration and envy of the world.
这种无与伦比的进取精神象征着美国商人和航海家的天才，而这种精神本身就是国家财富的取之不尽的矿泉，这种精神将被扼杀和丧失，贫穷和耻辱将笼罩这个国家，而这个国家如果有智慧，可能会让自己受到全世界的钦佩和嫉妒。
There are rights of great moment to the trade of America which are rights of the Union--I allude to the fisheries, to the navigation of the Western lakes, and to that of the Mississippi.
对美国贸易来说，有一些具有重大意义的权利是联邦的权利——我指的是渔业、西部湖泊的航行以及密西西比河的航行。
The dissolution of the Confederacy would give room for delicate questions concerning the future existence of these rights; which the interest of more powerful partners would hardly fail to solve to our disadvantage.
邦联的解体将为有关这些权利未来存在的微妙问题提供空间；更强大的合作伙伴的利益很难不解决这个问题，这对我们不利。
The disposition of Spain with regard to the Mississippi needs no comment.
西班牙对密西西比河的处理无需评论。
France and Britain are concerned with us in the fisheries, and view them as of the utmost moment to their navigation.
法国和英国关心我们的渔业，并将其视为航行的最关键时刻。
They, of course, would hardly remain long indifferent to that decided mastery, of which experience has shown us to be possessed in this valuable branch of traffic, and by which we are able to undersell those nations in their own markets.
当然，他们不会长期对这种决定性的掌握保持无动于衷，经验表明我们在这一宝贵的交通领域中拥有这种掌握，并且通过这种掌握，我们能够在这些国家自己的市场上以低价出售。
What more natural than that they should be disposed to exclude from the lists such dangerous competitors?
还有什么比他们应该将这些危险的竞争对手排除在名单之外更自然的呢？
This branch of trade ought not to be considered as a partial benefit.
这一贸易部门不应被视为部分利益。
All the navigating States may, in different degrees, advantageously participate in it, and under circumstances of a greater extension of mercantile capital, would not be unlikely to do it.
所有航行国都可以在不同程度上有利地参与其中，并且在商业资本进一步扩张的情况下，也并非不可能这样做。
As a nursery of seamen, it now is, or when time shall have more nearly assimilated the principles of navigation in the several States, will become, a universal resource.
作为海员的摇篮，它现在是，或者当时间更接近地同化几个国家的航海原则时，将成为一种普遍资源。
To the establishment of a navy, it must be indispensable.
对于海军的建立来说，必然是不可或缺的。
To this great national object, a NAVY, union will contribute in various ways.
为了实现这一伟大的国家目标，海军联盟将以各种方式做出贡献。
Every institution will grow and flourish in proportion to the quantity and extent of the means concentred towards its formation and support.
每个机构的成长和繁荣将与集中于其形成和支持的手段的数量和范围成正比。
A navy of the United States, as it would embrace the resources of all, is an object far less remote than a navy of any single State or partial confederacy, which would only embrace the resources of a single part.
美国的海军，因为它会拥抱所有人的资源，所以是一个比任何单一国家或部分邦联的海军更遥远的目标，后者只会拥抱单一部分的资源。
It happens, indeed, that different portions of confederated America possess each some peculiar advantage for this essential establishment.
事实上，美国联邦的不同部分对于这个重要的机构都拥有一些独特的优势。
The more southern States furnish in greater abundance certain kinds of naval stores--tar, pitch, and turpentine.
越南部的州提供越多的某些海军物资——焦油、沥青和松节油。
Their wood for the construction of ships is also of a more solid and lasting texture.
他们用于建造船舶的木材也具有更坚固和持久的质地。
The difference in the duration of the ships of which the navy might be composed, if chiefly constructed of Southern wood, would be of signal importance, either in the view of naval strength or of national economy.
如果海军舰艇主要由南方木材建造，那么无论是从海军实力还是从国民经济角度来看，海军舰艇的寿命差异都将具有重大意义。
Some of the Southern and of the Middle States yield a greater plenty of iron, and of better quality.
南部和中部的一些州出产的铁数量更多，质量也更好。
Seamen must chiefly be drawn from the Northern hive.
海员必须主要从北方蜂巢中抽调。
The necessity of naval protection to external or maritime commerce does not require a particular elucidation, no more than the conduciveness of that species of commerce to the prosperity of a navy.
海军对对外或海上贸易提供保护的必要性并不需要特别的说明，只要该类型的商业有利于海军的繁荣即可。
An unrestrained intercourse between the States themselves will advance the trade of each by an interchange of their respective productions, not only for the supply of reciprocal wants at home, but for exportation to foreign markets.
各国之间无限制的交往将通过各自产品的互换来促进各国的贸易，不仅是为了满足国内的互惠需求，而且是为了出口到国外市场。
The veins of commerce in every part will be replenished, and will acquire additional motion and vigor from a free circulation of the commodities of every part.
各地的商业脉络将得到补充，并因各地商品的自由流通而获得额外的动力和活力。
Commercial enterprise will have much greater scope, from the diversity in the productions of different States.
由于不同国家产品的多样性，商业企业将拥有更大的范围。
When the staple of one fails from a bad harvest or unproductive crop, it can call to its aid the staple of another.
当一种主食因收成不好或作物歉收而歉收时，它可以求助于另一种主食。
The variety, not less than the value, of products for exportation contributes to the activity of foreign commerce.
出口产品的多样性（不少于价值）有助于对外贸易活动。
It can be conducted upon much better terms with a large number of materials of a given value than with a small number of materials of the same value; arising from the competitions of trade and from the fluctuations of markets.
使用大量给定值的材料比使用少量相同值的材料可以更好地进行；贸易竞争和市场波动引起的。
Particular articles may be in great demand at certain periods, and unsalable at others; but if there be a variety of articles, it can scarcely happen that they should all be at one time in the latter predicament, and on this account the operations of the merchant would be less liable to any considerable obstruction or stagnation.
某些物品可能在某些时期需求量很大，而在其他时期则滞销；但如果有多种物品，它们几乎不可能同时陷入后一种困境，因此，商人的经营就不太容易受到任何严重的阻碍或停滞。
The speculative trader will at once perceive the force of these observations, and will acknowledge that the aggregate balance of the commerce of the United States would bid fair to be much more favorable than that of the thirteen States without union or with partial unions.
投机交易者将立即意识到这些观察的力量，并承认美国的商业总平衡将比没有联盟或部分联盟的十三个州有利得多。
It may perhaps be replied to this, that whether the States are united or disunited, there would still be an intimate intercourse between them which would answer the same ends; this intercourse would be fettered, interrupted, and narrowed by a multiplicity of causes, which in the course of these papers have been amply detailed.
也许有人会回答说，无论各州是统一的还是分裂的，它们之间仍然存在着密切的交往，这将达到相同的目的。这种交流会因多种原因而受到束缚、中断和缩小，这些原因在这些论文中已经得到了充分的详细说明。
A unity of commercial, as well as political, interests, can only result from a unity of government.
商业利益和政治利益的统一只能来自政府的统一。
There are other points of view in which this subject might be placed, of a striking and animating kind.
还有其他一些引人注目且生动的观点可以放置这个主题。
But they would lead us too far into the regions of futurity, and would involve topics not proper for a newspaper discussion.
但它们会把我们带入未来领域太远，并且会涉及不适合报纸讨论的话题。
I shall briefly observe, that our situation invites and our interests prompt us to aim at an ascendant in the system of American affairs.
我将简要地指出，我们的处境和利益促使我们致力于在美国事务体系中占据优势。
The world may politically, as well as geographically, be divided into four parts, each having a distinct set of interests.
世界可以在政治上和地理上分为四个部分，每个部分都有不同的利益。
Unhappily for the other three, Europe, by her arms and by her negotiations, by force and by fraud, has, in different degrees, extended her dominion over them all.
对其他三个国家来说不幸的是，欧洲通过武力和谈判、武力和欺诈，在不同程度上扩大了对所有国家的统治。
Africa, Asia, and America, have successively felt her domination.
非洲、亚洲和美洲，先后感受到了她的统治。
The superiority she has long maintained has tempted her to plume herself as the Mistress of the World, and to consider the rest of mankind as created for her benefit.
她长期以来保持的优越感诱使她自诩为世界之主，并认为其他人类都是为了她的利益而创造的。
Men admired as profound philosophers have, in direct terms, attributed to her inhabitants a physical superiority, and have gravely asserted that all animals, and with them the human species, degenerate in America--that even dogs cease to bark after having breathed awhile in our atmosphere.(1) Facts have too long supported these arrogant pretensions of the Europeans.
那些被尊崇为深刻的哲学家的人，直接地把她的居民归因于身体上的优越性，并严肃地断言，所有动物，以及人类，在美国都在退化——甚至连狗在我们的大气中呼吸一段时间后也会停止吠叫。（1）事实长期以来支持了欧洲人的这些傲慢的主张。
It belongs to us to vindicate the honor of the human race, and to teach that assuming brother, moderation.
我们有责任维护人类的荣誉，并教导那些自以为是的兄弟，要保持节制。
Union will enable us to do it.
联盟将使我们能够做到这一点。
Disunion will will add another victim to his triumphs.
分裂将给他的胜利增添另一个受害者。
Let Americans disdain to be the instruments of European greatness!
让美国人不屑于成为欧洲伟大的工具！
Let the thirteen States, bound together in a strict and indissoluble Union, concur in erecting one great American system, superior to the control of all transatlantic force or influence, and able to dictate the terms of the connection between the old and the new world!
让十三个国家组成一个严格而牢不可破的联盟，共同建立一个伟大的美国体系，超越所有跨大西洋力量或影响力的控制，并能够决定新旧世界之间的联系条件！
PUBLIUS "Recherches philosophiques sur les Americains."
普布利乌斯《美洲哲学研究》。
FEDERALIST No. 12
联邦党人12号
The Utility of the Union In Respect to Revenue
联盟在收入方面的效用
From the New York Packet.
来自纽约邮包。
Tuesday, November 27, 1787.
1787 年 11 月 27 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE effects of Union upon the commercial prosperity of the States have been sufficiently delineated.
联盟对各州商业繁荣的影响已被充分描述。
Its tendency to promote the interests of revenue will be the subject of our present inquiry.
其促进收入利益的倾向将是我们当前调查的主题。
The prosperity of commerce is now perceived and acknowledged by all enlightened statesmen to be the most useful as well as the most productive source of national wealth, and has accordingly become a primary object of their political cares.
现在，所有开明的政治家都认为商业的繁荣是国家财富最有用、最有生产力的来源，并因此成为他们政治关怀的首要目标。
By multiplying the means of gratification, by promoting the introduction and circulation of the precious metals, those darling objects of human avarice and enterprise, it serves to vivify and invigorate the channels of industry, and to make them flow with greater activity and copiousness.
通过增加满足的手段，通过促进人类贪婪和企业的宠儿贵金属的引入和流通，它可以使工业渠道充满活力和活力，并使其流动得更加活跃和丰富。
The assiduous merchant, the laborious husbandman, the active mechanic, and the industrious manufacturer,--all orders of men, look forward with eager expectation and growing alacrity to this pleasing reward of their toils.
辛勤的商人、辛勤的农夫、积极主动的机械师和勤奋的制造商——所有这些人，都怀着热切的期望和日益欣喜的心情期待着他们的辛劳得到的令人愉快的回报。
The often-agitated question between agriculture and commerce has, from indubitable experience, received a decision which has silenced the rivalship that once subsisted between them, and has proved, to the satisfaction of their friends, that their interests are intimately blended and interwoven.
农业和商业之间经常引起争议的问题，根据不容置疑的经验，得到了一个决定，消除了它们之间曾经存在的竞争，并让他们的朋友满意地证明，他们的利益是紧密混合和交织的。
It has been found in various countries that, in proportion as commerce has flourished, land has risen in value.
各国都发现，随着商业的繁荣，土地的价值也随之上升。
And how could it have happened otherwise?
否则怎么会发生呢？
Could that which procures a freer vent for the products of the earth, which furnishes new incitements to the cultivation of land, which is the most powerful instrument in increasing the quantity of money in a state--could that, in fine, which is the faithful handmaid of labor and industry, in every shape, fail to augment that article, which is the prolific parent of far the greatest part of the objects upon which they are exerted?
为地球产品提供更自由的出口，为土地耕种提供新的刺激，而土地是增加国家货币数量的最有力工具——总而言之，它在各种形式上都是劳动和工业的忠实婢女，难道不能增强该物品，而该物品是其所作用的大部分对象的多产之母吗？
It is astonishing that so simple a truth should ever have had an adversary; and it is one, among a multitude of proofs, how apt a spirit of ill-informed jealousy, or of too great abstraction and refinement, is to lead men astray from the plainest truths of reason and conviction.
令人惊讶的是，如此简单的真理竟然有一个反对者。众多证据表明，无知的嫉妒精神，或者过于抽象和精炼的精神，很容易使人们偏离理性和信念的最浅显的真理。
The ability of a country to pay taxes must always be proportioned, in a great degree, to the quantity of money in circulation, and to the celerity with which it circulates.
一个国家的纳税能力在很大程度上必须始终与流通中的货币数量及其流通速度成正比。
Commerce, contributing to both these objects, must of necessity render the payment of taxes easier, and facilitate the requisite supplies to the treasury.
商业对这两个目标都有贡献，必然使纳税变得更加容易，并促进国库的必要供应。
The hereditary dominions of the Emperor of Germany contain a great extent of fertile, cultivated, and populous territory, a large proportion of which is situated in mild and luxuriant climates.
德国皇帝的世袭领地拥有大片肥沃、耕种和人口众多的领土，其中很大一部分气候温和、繁茂。
In some parts of this territory are to be found the best gold and silver mines in Europe.
在该地区的某些地区可以找到欧洲最好的金矿和银矿。
And yet, from the want of the fostering influence of commerce, that monarch can boast but slender revenues.
然而，由于缺乏商业的培育影响，君主只能夸耀微薄的收入。
He has several times been compelled to owe obligations to the pecuniary succors of other nations for the preservation of his essential interests, and is unable, upon the strength of his own resources, to sustain a long or continued war.
他曾多次被迫向其他国家提供金钱援助，以维护其基本利益，但仅凭自己的资源，无法维持长期或持续的战争。
But it is not in this aspect of the subject alone that Union will be seen to conduce to the purpose of revenue.
但联盟不仅仅在这个方面有助于实现收入目的。
There are other points of view, in which its influence will appear more immediate and decisive.
还有其他观点认为，其影响将显得更加直接和决定性。
It is evident from the state of the country, from the habits of the people, from the experience we have had on the point itself, that it is impracticable to raise any very considerable sums by direct taxation.
从国家的状况，从人民的习惯，从我们在这方面的经验来看，显然，通过直接征税筹集大量资金是不切实际的。
Tax laws have in vain been multiplied; new methods to enforce the collection have in vain been tried; the public expectation has been uniformly disappointed, and the treasuries of the States have remained empty.
税法徒劳地增加；尝试了强制征收的新方法，但没有成功；公众的期望一致落空，各州国库空空如也。
The popular system of administration inherent in the nature of popular government, coinciding with the real scarcity of money incident to a languid and mutilated state of trade, has hitherto defeated every experiment for extensive collections, and has at length taught the different legislatures the folly of attempting them.
人民政府本质上所固有的人民行政制度，与疲软和残缺不全的贸易状况所带来的真正的货币稀缺相一致，迄今为止已经挫败了每一次大规模征收的尝试，并最终让不同的立法机关明白了尝试这些做法的愚蠢行为。
No person acquainted with what happens in other countries will be surprised at this circumstance.
熟悉其他国家情况的人不会对这种情况感到惊讶。
In so opulent a nation as that of Britain, where direct taxes from superior wealth must be much more tolerable, and, from the vigor of the government, much more practicable, than in America, far the greatest part of the national revenue is derived from taxes of the indirect kind, from imposts, and from excises.
在像英国这样富裕的国家，从富裕的财富中征收直接税肯定比美国更容易忍受，而且从政府的活力来看，也比美国更可行，国家收入的大部分来自间接税、进口税和消费税。
Duties on imported articles form a large branch of this latter description.
对进口物品的关税构成了后一种描述的一个重要分支。
In America, it is evident that we must a long time depend for the means of revenue chiefly on such duties.
在美国，很明显，我们的收入来源必须长期主要依赖于此类关税。
In most parts of it, excises must be confined within a narrow compass.
在大部分地区，消费税必须限制在一个狭窄的范围内。
The genius of the people will ill brook the inquisitive and peremptory spirit of excise laws.
人民的天才将无法忍受消费税法的好奇和专横精神。
The pockets of the farmers, on the other hand, will reluctantly yield but scanty supplies, in the unwelcome shape of impositions on their houses and lands; and personal property is too precarious and invisible a fund to be laid hold of in any other way than by the imperceptible agency of taxes on consumption.
另一方面，农民的口袋将不情愿地产出很少的供给，以不受欢迎的形式征收他们的房屋和土地；个人财产太不稳定，而且是一种无形的资金，除了通过消费税这种难以察觉的机构之外，无法以任何其他方式来持有。
If these remarks have any foundation, that state of things which will best enable us to improve and extend so valuable a resource must be best adapted to our political welfare.
如果这些言论有任何根据，那么最有利于我们改善和扩展如此宝贵资源的状况必须最适合我们的政治福利。
And it cannot admit of a serious doubt, that this state of things must rest on the basis of a general Union.
不容严重怀疑的是，这种状况必须建立在一个普遍联盟的基础上。
As far as this would be conducive to the interests of commerce, so far it must tend to the extension of the revenue to be drawn from that source.
只要这有利于商业利益，就必须倾向于扩大从该来源获取的收入。
As far as it would contribute to rendering regulations for the collection of the duties more simple and efficacious, so far it must serve to answer the purposes of making the same rate of duties more productive, and of putting it into the power of the government to increase the rate without prejudice to trade.
就其有助于使关税征收法规更加简单和有效而言，到目前为止，它必须满足以下目的：使相同的关税税率更具生产力，并让政府有权在不损害贸易的情况下提高关税税率。
The relative situation of these States; the number of rivers with which they are intersected, and of bays that wash their shores; the facility of communication in every direction; the affinity of language and manners; the familiar habits of intercourse;--all these are circumstances that would conspire to render an illicit trade between them a matter of little difficulty, and would insure frequent evasions of the commercial regulations of each other.
这些国家的相对情况；它们相交的河流和冲刷海岸的海湾的数量；各个方向的通讯设施；语言和礼仪的亲和力；熟悉的交往习惯；——所有这些情况都会使他们之间的非法贸易变得不那么困难，并且会确保经常规避彼此的商业法规。
The separate States or confederacies would be necessitated by mutual jealousy to avoid the temptations to that kind of trade by the lowness of their duties.
由于相互嫉妒，各个州或邦联必须通过其职责的低下来避免这种贸易的诱惑。
The temper of our governments, for a long time to come, would not permit those rigorous precautions by which the European nations guard the avenues into their respective countries, as well by land as by water; and which, even there, are found insufficient obstacles to the adventurous stratagems of avarice.
在未来很长一段时间内，我们各国政府的脾气都不会允许欧洲国家采取严格的预防措施来保卫进入各自国家的陆路和水路通道；即使在那里，也不足以阻碍贪婪的冒险策略。
In France, there is an army of patrols (as they are called) constantly employed to secure their fiscal regulations against the inroads of the dealers in contraband trade.
在法国，有一支巡逻队（他们是这样称呼的）不断地被雇佣来确保财政监管免受走私贸易商的入侵。
Mr. Neckar computes the number of these patrols at upwards of twenty thousand.
内卡先生计算出这些巡逻队的人数超过两万人。
This shows the immense difficulty in preventing that species of traffic, where there is an inland communication, and places in a strong light the disadvantages with which the collection of duties in this country would be encumbered, if by disunion the States should be placed in a situation, with respect to each other, resembling that of France with respect to her neighbors.
这表明，在有内陆交通的情况下，要阻止这种交通是极其困难的，并且强烈地表明，如果由于分裂，各国之间的相互关系将处于类似于法国与其邻国之间的情况，那么在该国征税将会受到阻碍。
The arbitrary and vexatious powers with which the patrols are necessarily armed, would be intolerable in a free country.
巡逻队必须配备的武断和无理取闹的权力，在一个自由国家是无法容忍的。
If, on the contrary, there be but one government pervading all the States, there will be, as to the principal part of our commerce, but ONE SIDE to guard--the ATLANTIC COAST.
相反，如果只有一个政府遍及所有州，那么就我们商业的主要部分而言，就只有一侧需要保卫——大西洋海岸。
Vessels arriving directly from foreign countries, laden with valuable cargoes, would rarely choose to hazard themselves to the complicated and critical perils which would attend attempts to unlade prior to their coming into port.
直接从外国抵达、满载贵重货物的船只很少会选择冒着在进港前试图卸货的复杂而严重的危险。
They would have to dread both the dangers of the coast, and of detection, as well after as before their arrival at the places of their final destination.
他们必须害怕海岸的危险和被发现，以及到达最终目的地之前和之后。
An ordinary degree of vigilance would be competent to the prevention of any material infractions upon the rights of the revenue.
普通程度的警惕足以防止任何对收入权利的重大侵犯。
A few armed vessels, judiciously stationed at the entrances of our ports, might at a small expense be made useful sentinels of the laws.
几艘武装船只，明智地驻扎在我们港口的入口处，只需花费很少的费用，就可以成为有用的法律哨兵。
And the government having the same interest to provide against violations everywhere, the co-operation of its measures in each State would have a powerful tendency to render them effectual.
政府在打击各地违法行为方面有着同样的利益，其措施在每个州的合作将有强大的趋势使其有效。
Here also we should preserve by Union, an advantage which nature holds out to us, and which would be relinquished by separation.
在这里，我们也应该通过联合来维护这一优势，这是大自然赋予我们的优势，而这种优势将因分离而被放弃。
The United States lie at a great distance from Europe, and at a considerable distance from all other places with which they would have extensive connections of foreign trade.
美国距欧洲很远，距所有其他与它们有广泛对外贸易联系的地方也相距相当远。
The passage from them to us, in a few hours, or in a single night, as between the coasts of France and Britain, and of other neighboring nations, would be impracticable.
从他们到我们，在几个小时内，或者在一个晚上，就像在法国和英国以及其他邻国的海岸之间一样，是不切实际的。
This is a prodigious security against a direct contraband with foreign countries; but a circuitous contraband to one State, through the medium of another, would be both easy and safe.
这是针对外国直接走私品的巨大保障；但通过另一国的媒介迂回运往一国的违禁品既容易又安全。
The difference between a direct importation from abroad, and an indirect importation through the channel of a neighboring State, in small parcels, according to time and opportunity, with the additional facilities of inland communication, must be palpable to every man of discernment.
从国外直接进口和通过邻国渠道间接进口（根据时间和机会，加上内陆交通的额外设施）的小包裹进口之间的区别，对于每个有洞察力的人来说都必须是显而易见的。
It is therefore evident, that one national government would be able, at much less expense, to extend the duties on imports, beyond comparison, further than would be practicable to the States separately, or to any partial confederacies.
因此，很明显，一国政府能够以少得多的费用，将进口关税扩大到超出各州或任何部分邦联的实际范围，这是无可比拟的。
Hitherto, I believe, it may safely be asserted, that these duties have not upon an average exceeded in any State three per cent.
我相信，迄今为止，可以肯定地说，任何国家的这些关税平均而言还没有超过百分之三。
In France they are estimated to be about fifteen per cent., and in Britain they exceed this proportion.(1) There seems to be nothing to hinder their being increased in this country to at least treble their present amount.
在法国，它们估计约为百分之十五。在英国，它们超过了这个比例。（1）似乎没有什么可以阻止它们在这个国家增加到至少是目前数量的三倍。
The single article of ardent spirits, under federal regulation, might be made to furnish a considerable revenue.
在联邦监管下，单一的烈酒制品可能会带来可观的收入。
Upon a ratio to the importation into this State, the whole quantity imported into the United States may be estimated at four millions of gallons; which, at a shilling per gallon, would produce two hundred thousand pounds.
根据与本州进口量的比例，美国进口总量估计为四百万加仑；按每加仑一先令计算，可生产二十万磅。
That article would well bear this rate of duty; and if it should tend to diminish the consumption of it, such an effect would be equally favorable to the agriculture, to the economy, to the morals, and to the health of the society.
That article would well bear this rate of duty;如果它倾向于减少其消费，那么这种效果将同样有利于农业、经济、道德和社会健康。
There is, perhaps, nothing so much a subject of national extravagance as these spirits.
或许，没有什么比这些精神更能成为民族奢侈的话题了。
What will be the consequence, if we are not able to avail ourselves of the resource in question in its full extent?
如果我们不能充分利用相关资源，将会产生什么后果？
A nation cannot long exist without revenues.
A nation cannot long exist without revenues.
Destitute of this essential support, it must resign its independence, and sink into the degraded condition of a province.
如果缺乏这种必要的支持，它就必须放弃其独立性，并陷入一个省份的退化境地。
This is an extremity to which no government will of choice accede.
这是任何政府都不会愿意接受的极端做法。
Revenue, therefore, must be had at all events.
Revenue, therefore, must be had at all events.
In this country, if the principal part be not drawn from commerce, it must fall with oppressive weight upon land.
在这个国家，如果主要部分不是来自商业，那么它必然会沉重地压在土地上。
It has been already intimated that excises, in their true signification, are too little in unison with the feelings of the people, to admit of great use being made of that mode of taxation; nor, indeed, in the States where almost the sole employment is agriculture, are the objects proper for excise sufficiently numerous to permit very ample collections in that way.
人们已经指出，消费税的真正含义与人民的感情太不相一致，以至于不能承认这种税收方式有很大的用途。事实上，在几乎唯一的就业是农业的州，适合征税的对象也没有足够多，以允许以这种方式进行非常充足的征收。
Personal estate (as has been before remarked), from the difficulty in tracing it, cannot be subjected to large contributions, by any other means than by taxes on consumption.
个人财产（如前所述），由于难以追查，不能通过消费税以外的任何其他方式进行大笔捐款。
In populous cities, it may be enough the subject of conjecture, to occasion the oppression of individuals, without much aggregate benefit to the State; but beyond these circles, it must, in a great measure, escape the eye and the hand of the tax-gatherer.
在人口稠密的城市，引起对个人的压迫可能足以引起人们的猜测，而不会为国家带来太多的总体利益；但在这些圈子之外，它在很大程度上必须避开收税者的眼睛和手。
As the necessities of the State, nevertheless, must be satisfied in some mode or other, the defect of other resources must throw the principal weight of public burdens on the possessors of land.
然而，由于国家的需要必须以某种方式得到满足，因此其他资源的缺陷必定会将公共负担的主要负担置于土地所有者身上。
And as, on the other hand, the wants of the government can never obtain an adequate supply, unless all the sources of revenue are open to its demands, the finances of the community, under such embarrassments, cannot be put into a situation consistent with its respectability or its security.
另一方面，除非所有收入来源都向政府的需求开放，否则政府的需求永远无法获得充足的供应，因此，在这种尴尬的情况下，社会的财政无法处于与其尊严或安全相一致的境地。
Thus we shall not even have the consolations of a full treasury, to atone for the oppression of that valuable class of the citizens who are employed in the cultivation of the soil.
因此，我们甚至不会拥有充裕的国库来弥补对受雇于耕种土地的公民这一宝贵阶层所受的压迫。
But public and private distress will keep pace with each other in gloomy concert; and unite in deploring the infatuation of those counsels which led to disunion.
但公共和私人的困境将在悲观的音乐会中齐头并进；并团结起来，对那些导致分裂的热心劝告表示遗憾。
PUBLIUS
普布利乌斯
1.
1.
If my memory be right they amount to twenty per cent.
如果我没记错的话，占百分之二十。
FEDERALIST No. 13
联邦党人 13 号
Advantage of the Union in Respect to Economy in Government
联盟在政府经济方面的优势
For the Independent Journal.
对于独立杂志。
Wednesday, November 28, 1787
Wednesday, November 28, 1787
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
As CONNECTED with the subject of revenue, we may with propriety consider that of economy.
当谈到收入这个主题时，我们可以适当地考虑一下经济问题。
The money saved from one object may be usefully applied to another, and there will be so much the less to be drawn from the pockets of the people.
从一个项目中节省下来的钱可以有效地用于另一个项目，而从人们的口袋里掏出来的钱就会少得多。
If the States are united under one government, there will be but one national civil list to support; if they are divided into several confederacies, there will be as many different national civil lists to be provided for--and each of them, as to the principal departments, coextensive with that which would be necessary for a government of the whole.
如果各州统一在一个政府的领导下，那么就只有一份国家公民名单需要支持；如果它们被分成几个邦联，那么就会提供尽可能多的不同的国家公民名单——而且每个国家的主要部门都与一个整体政府所需要的名单一样广泛。
The entire separation of the States into thirteen unconnected sovereignties is a project too extravagant and too replete with danger to have many advocates.
将各州完全分成十三个互不相关的主权国家是一个过于奢侈和充满危险的计划，没有多少人支持。
The ideas of men who speculate upon the dismemberment of the empire seem generally turned toward three confederacies--one consisting of the four Northern, another of the four Middle, and a third of the five Southern States.
那些推测帝国分裂的人的想法似乎普遍转向三个联盟——一个由四个北方州组成，另一个由四个中部州组成，第三个由五个南方州组成。
There is little probability that there would be a greater number.
数量更多的可能性很小。
According to this distribution, each confederacy would comprise an extent of territory larger than that of the kingdom of Great Britain.
根据这种分布，每个邦联的领土面积都大于大不列颠王国。
No well-informed man will suppose that the affairs of such a confederacy can be properly regulated by a government less comprehensive in its organs or institutions than that which has been proposed by the convention.
任何消息灵通的人都不会认为，这样一个邦联的事务可以由一个其机关或机构不如公约所提议的那样全面的政府来适当管理。
When the dimensions of a State attain to a certain magnitude, it requires the same energy of government and the same forms of administration which are requisite in one of much greater extent.
当一个国家的规模达到一定规模时，它就需要同样的政府精力和同样的行政管理形式，而这在更大程度上是必需的。
This idea admits not of precise demonstration, because there is no rule by which we can measure the momentum of civil power necessary to the government of any given number of individuals; but when we consider that the island of Britain, nearly commensurate with each of the supposed confederacies, contains about eight millions of people, and when we reflect upon the degree of authority required to direct the passions of so large a society to the public good, we shall see no reason to doubt that the like portion of power would be sufficient to perform the same task in a society far more numerous.
这个想法不允许精确论证，因为没有任何规则可以让我们衡量对任何给定数量的个人的政府所必需的公民权力的势头；但是，当我们考虑到不列颠岛大约有八百万人口，几乎与每个所谓的邦联相称时，当我们思考将如此大的社会的热情引导到公共利益所需的权威程度时，我们将没有理由怀疑，在一个人口多得多的社会中，同样的权力是否足以完成同样的任务。
Civil power, properly organized and exerted, is capable of diffusing its force to a very great extent; and can, in a manner, reproduce itself in every part of a great empire by a judicious arrangement of subordinate institutions.
公民权力如果组织和运用得当，能够在很大程度上分散其力量；在某种程度上，通过明智地安排附属机构，可以在一个伟大帝国的每个部分复制自己。
The supposition that each confederacy into which the States would be likely to be divided would require a government not less comprehensive than the one proposed, will be strengthened by another supposition, more probable than that which presents us with three confederacies as the alternative to a general Union.
各州可能分裂成的每个邦联都需要一个不低于提议的政府的全面性的假设，将通过另一种假设得到加强，该假设比向我们提出三个邦联作为一般联盟的替代品的可能性更大。
If we attend carefully to geographical and commercial considerations, in conjunction with the habits and prejudices of the different States, we shall be led to conclude that in case of disunion they will most naturally league themselves under two governments.
如果我们仔细考虑地理和商业方面的考虑，并结合不同国家的习惯和偏见，我们将得出这样的结论：如果分裂，它们最自然地会在两个政府的领导下结成联盟。
The four Eastern States, from all the causes that form the links of national sympathy and connection, may with certainty be expected to unite.
出于构成民族同情和联系纽带的所有原因，东方四个国家肯定会团结起来。
New York, situated as she is, would never be unwise enough to oppose a feeble and unsupported flank to the weight of that confederacy.
纽约，就她现在的处境而言，决不会愚蠢到去对抗这个联盟的力量，而它的侧翼又软弱又缺乏支持。
There are other obvious reasons that would facilitate her accession to it.
还有其他明显的原因可以促进她加入该组织。
New Jersey is too small a State to think of being a frontier, in opposition to this still more powerful combination; nor do there appear to be any obstacles to her admission into it.
新泽西州太小，无法想象自己是一个边境，与这个更强大的组合相对立；她的加入似乎也不存在任何障碍。
Even Pennsylvania would have strong inducements to join the Northern league.
即使是宾夕法尼亚州也会有强烈的诱因加入北方联盟。
An active foreign commerce, on the basis of her own navigation, is her true policy, and coincides with the opinions and dispositions of her citizens.
在她自己的航行基础上积极开展对外贸易是她的真正政策，并且符合她公民的意见和性格。
The more Southern States, from various circumstances, may not think themselves much interested in the encouragement of navigation.
较南部的国家，从不同的情况来看，可能认为自己对鼓励航行不太感兴趣。
They may prefer a system which would give unlimited scope to all nations to be the carriers as well as the purchasers of their commodities.
他们可能更喜欢一种让所有国家都有无限可能成为其商品的承运人和购买者的体系。
Pennsylvania may not choose to confound her interests in a connection so adverse to her policy.
宾夕法尼亚州可能不会选择在如此不利于她的政策的关系中混淆她的利益。
As she must at all events be a frontier, she may deem it most consistent with her safety to have her exposed side turned towards the weaker power of the Southern, rather than towards the stronger power of the Northern, Confederacy.
由于她无论如何都必须是一个边境，她可能认为，将她暴露的一面转向较弱的南方势力，而不是转向较强大的北方邦联，最符合她的安全。
This would give her the fairest chance to avoid being the Flanders of America.
这将使她有最公平的机会避免成为美国的佛兰德斯。
Whatever may be the determination of Pennsylvania, if the Northern Confederacy includes New Jersey, there is no likelihood of more than one confederacy to the south of that State.
无论宾夕法尼亚州的决定如何，如果北方邦联包括新泽西州，那么该州南部不可能有超过一个邦联。
Nothing can be more evident than that the thirteen States will be able to support a national government better than one half, or one third, or any number less than the whole.
没有什么比这十三个州能够更好地支持一个国家政府超过一半、三分之一或少于全部的任何数字更明显的了。
This reflection must have great weight in obviating that objection to the proposed plan, which is founded on the principle of expense; an objection, however, which, when we come to take a nearer view of it, will appear in every light to stand on mistaken ground.
这种反思对于消除对拟议计划的反对意见必须具有重大意义，该计划是建立在费用原则基础上的；然而，当我们仔细观察这一点时，就会发现这种反对意见从任何角度来看都是错误的。
If, in addition to the consideration of a plurality of civil lists, we take into view the number of persons who must necessarily be employed to guard the inland communication between the different confederacies against illicit trade, and who in time will infallibly spring up out of the necessities of revenue; and if we also take into view the military establishments which it has been shown would unavoidably result from the jealousies and conflicts of the several nations into which the States would be divided, we shall clearly discover that a separation would be not less injurious to the economy, than to the tranquillity, commerce, revenue, and liberty of every part.
如果除了考虑多个民事名单之外，我们还考虑到必须雇用多少人来保卫不同邦联之间的内陆交通，打击非法贸易，并且这些人迟早会从收入的需要中涌现出来；如果我们还考虑到军事机构的建立将不可避免地由各州分裂成的几个国家之间的嫉妒和冲突造成，我们就会清楚地发现，分裂对经济的损害不亚于对各部分的安宁、商业、税收和自由的损害。
PUBLIUS
普布利乌斯
FEDERALIST No. 14
联邦党人 14 号
Objections to the Proposed Constitution From Extent of Territory Answered
从领土范围内对拟议宪法提出的反对意见得到答复
From the New York Packet.
来自纽约邮包。
Friday, November 30, 1787.
Friday, November 30, 1787.
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
WE HAVE seen the necessity of the Union, as our bulwark against foreign danger, as the conservator of peace among ourselves, as the guardian of our commerce and other common interests, as the only substitute for those military establishments which have subverted the liberties of the Old World, and as the proper antidote for the diseases of faction, which have proved fatal to other popular governments, and of which alarming symptoms have been betrayed by our own.
我们已经看到了联邦的必要性，它是我们抵御外国危险的堡垒，是我们内部和平的维护者，是我们商业和其他共同利益的守护者，是那些颠覆旧世界自由的军事机构的唯一替代品，也是治疗派系疾病的适当解毒剂，这种疾病对其他人民政府来说是致命的，而我们自己的政府也暴露了这种疾病的令人震惊的症状。
All that remains, within this branch of our inquiries, is to take notice of an objection that may be drawn from the great extent of country which the Union embraces.
在我们调查的这个分支中，剩下的就是注意可能来自欧盟所涵盖的广大国家的反对意见。
A few observations on this subject will be the more proper, as it is perceived that the adversaries of the new Constitution are availing themselves of the prevailing prejudice with regard to the practicable sphere of republican administration, in order to supply, by imaginary difficulties, the want of those solid objections which they endeavor in vain to find.
关于这个问题的一些评论将是更合适的，因为人们认为，新宪法的反对者正在利用对共和行政管理的实际范围的普遍偏见，通过想象中的困难来满足他们徒劳地寻找的那些坚实的反对意见。
The error which limits republican government to a narrow district has been unfolded and refuted in preceding papers.
将共和政府限制在狭小选区的错误，在前面的文章中已被揭露和驳斥。
I remark here only that it seems to owe its rise and prevalence chiefly to the confounding of a republic with a democracy, applying to the former reasonings drawn from the nature of the latter.
我在这里只是指出，它的兴起和盛行似乎主要归因于将共和制与民主制混为一谈，适用于从后者的性质得出的前者推理。
The true distinction between these forms was also adverted to on a former occasion.
这些形式之间的真正区别也曾在以前的场合提到过。
It is, that in a democracy, the people meet and exercise the government in person; in a republic, they assemble and administer it by their representatives and agents.
在民主国家，人民亲自集会并行使政府权力；在共和国中，他们由其代表和代理人组建和管理它。
A democracy, consequently, will be confined to a small spot.
因此，民主将被限制在一个小地方。
A republic may be extended over a large region.
A republic may be extended over a large region.
To this accidental source of the error may be added the artifice of some celebrated authors, whose writings have had a great share in forming the modern standard of political opinions.
除了这个偶然的错误来源之外，还可能加上一些著名作家的技巧，他们的著作对现代政治观点标准的形成起了很大的作用。
Being subjects either of an absolute or limited monarchy, they have endeavored to heighten the advantages, or palliate the evils of those forms, by placing in comparison the vices and defects of the republican, and by citing as specimens of the latter the turbulent democracies of ancient Greece and modern Italy.
作为绝对君主制或有限君主制的臣民，他们通过比较共和政体的罪恶和缺陷，并引用古希腊和现代意大利动荡的民主政体作为后者的样本，努力增强这些形式的优势，或减轻这些形式的弊端。
Under the confusion of names, it has been an easy task to transfer to a republic observations applicable to a democracy only; and among others, the observation that it can never be established but among a small number of people, living within a small compass of territory.
在名称混乱的情况下，将仅适用于民主国家的观察结果转移到共和制是一件容易的事。除其他外，有一种观察认为，只有在生活在一小块领土内的少数人中，它才可能成立。
Such a fallacy may have been the less perceived, as most of the popular governments of antiquity were of the democratic species; and even in modern Europe, to which we owe the great principle of representation, no example is seen of a government wholly popular, and founded, at the same time, wholly on that principle.
这种谬论可能不太为人所知，因为古代大多数人民政府都是民主政府。即使在现代欧洲，我们也将代议制这一伟大原则归功于现代欧洲，但也没有看到一个完全受民众欢迎、同时又完全建立在这一原则基础上的政府。
If Europe has the merit of discovering this great mechanical power in government, by the simple agency of which the will of the largest political body may be concentred, and its force directed to any object which the public good requires, America can claim the merit of making the discovery the basis of unmixed and extensive republics.
如果欧洲有发现政府中这种巨大的机械力量的优点，通过这种简单的机构，最大的政治机构的意志可以集中起来，其力量可以指向公共利益所需的任何目标，那么美国就可以声称有优点，使这一发现成为单一和广泛的共和国的基础。
It is only to be lamented that any of her citizens should wish to deprive her of the additional merit of displaying its full efficacy in the establishment of the comprehensive system now under her consideration.
唯一令人遗憾的是，她的任何公民都希望剥夺她在建立她目前正在考虑的综合制度方面充分发挥其效力的额外优点。
As the natural limit of a democracy is that distance from the central point which will just permit the most remote citizens to assemble as often as their public functions demand, and will include no greater number than can join in those functions; so the natural limit of a republic is that distance from the centre which will barely allow the representatives to meet as often as may be necessary for the administration of public affairs.
由于民主的自然限制是距中心点的距离，该距离仅允许最偏远的公民根据其公共职能的需要进行集会，并且参与这些职能的人数不会超过可以参加的人数；因此，共和国的自然界限是距中心的距离，该距离几乎不允许代表们经常举行公共事务管理所需的会议。
Can it be said that the limits of the United States exceed this distance?
难道说美国的极限超出了这个距离吗？
It will not be said by those who recollect that the Atlantic coast is the longest side of the Union, that during the term of thirteen years, the representatives of the States have been almost continually assembled, and that the members from the most distant States are not chargeable with greater intermissions of attendance than those from the States in the neighborhood of Congress.
那些记得大西洋海岸是联邦最长一侧的人不会说，在十三年的任期内，各州代表几乎不断地聚集在一起，来自最远的州的议员不会比来自国会附近各州的议员有更多的缺席时间。
That we may form a juster estimate with regard to this interesting subject, let us resort to the actual dimensions of the Union.
为了我们可以对这个有趣的话题做出更公正的估计，让我们看看联盟的实际规模。
The limits, as fixed by the treaty of peace, are: on the east the Atlantic, on the south the latitude of thirty-one degrees, on the west the Mississippi, and on the north an irregular line running in some instances beyond the forty-fifth degree, in others falling as low as the forty-second.
和平条约规定的界限是：东边是大西洋，南边是纬度三十一度，西边是密西西比河，北边是一条不规则的线，有时超出四十五度，有时低至四十二度。
The southern shore of Lake Erie lies below that latitude.
伊利湖南岸位于该纬度以下。
Computing the distance between the thirty-first and forty-fifth degrees, it amounts to nine hundred and seventy-three common miles; computing it from thirty-one to forty-two degrees, to seven hundred and sixty-four miles and a half.
计算三十一度和四十五度之间的距离，相当于九百七十三英里；从三十一度计算到四十二度，再到七百六十四英里半。
Taking the mean for the distance, the amount will be eight hundred and sixty-eight miles and three-fourths.
计算距离的平均值，即为八百六十八英里又四分之三。
The mean distance from the Atlantic to the Mississippi does not probably exceed seven hundred and fifty miles.
从大西洋到密西西比河的平均距离可能不会超过七百五十英里。
On a comparison of this extent with that of several countries in Europe, the practicability of rendering our system commensurate to it appears to be demonstrable.
将此程度与欧洲数个国家的程度进行比较，我们的制度与之相适应的实用性似乎是可见的。
It is not a great deal larger than Germany, where a diet representing the whole empire is continually assembled; or than Poland before the late dismemberment, where another national diet was the depositary of the supreme power.
它并不比德国大多少，在德国，代表整个帝国的议会不断地聚集在一起。或者与后期解体之前的波兰相比，那里另一个民族议会是最高权力的保管人。
Passing by France and Spain, we find that in Great Britain, inferior as it may be in size, the representatives of the northern extremity of the island have as far to travel to the national council as will be required of those of the most remote parts of the Union.
越过法国和西班牙，我们发现，在英国，尽管其面积可能较小，但该岛北端的代表必须像联邦最偏远地区的代表一样长途跋涉前往国民议会。
Favorable as this view of the subject may be, some observations remain which will place it in a light still more satisfactory.
尽管对这个主题的这种看法可能是有利的，但仍然存在一些观察结果，这些观察将使它更加令人满意。
In the first place it is to be remembered that the general government is not to be charged with the whole power of making and administering laws.
首先要记住的是，联邦政府并不拥有制定和执行法律的全部权力。
Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.
其管辖权仅限于某些列举的对象，这些对象涉及共和国的所有成员，但不能通过任何单独的条款来实现。
The subordinate governments, which can extend their care to all those other subjects which can be separately provided for, will retain their due authority and activity.
下级政府可以将其照顾范围扩展到所有其他可以单独规定的科目，但仍将保留其应有的权力和活动。
Were it proposed by the plan of the convention to abolish the governments of the particular States, its adversaries would have some ground for their objection; though it would not be difficult to show that if they were abolished the general government would be compelled, by the principle of self-preservation, to reinstate them in their proper jurisdiction.
如果公约的计划提出废除特定国家的政府，那么它的对手就有理由反对；尽管不难表明，如果废除这些机构，联邦政府将被迫根据自我保护的原则，将它们恢复到适当的管辖范围内。
A second observation to be made is that the immediate object of the federal Constitution is to secure the union of the thirteen primitive States, which we know to be practicable; and to add to them such other States as may arise in their own bosoms, or in their neighborhoods, which we cannot doubt to be equally practicable.
第二个观察是，联邦宪法的直接目标是确保十三个原始州的联盟，我们知道这是可行的。并在其中添加可能在它们自己的怀抱中或在它们的邻国中出现的其他国家，我们毫不怀疑这同样可行。
The arrangements that may be necessary for those angles and fractions of our territory which lie on our northwestern frontier, must be left to those whom further discoveries and experience will render more equal to the task.
对于位于西北边境的那些角落和部分领土可能需要的安排，必须留给那些进一步的发现和经验将使他们更能胜任这项任务的人。
Let it be remarked, in the third place, that the intercourse throughout the Union will be facilitated by new improvements.
第三，新的改进将促进整个联盟的交流。
Roads will everywhere be shortened, and kept in better order; accommodations for travelers will be multiplied and meliorated; an interior navigation on our eastern side will be opened throughout, or nearly throughout, the whole extent of the thirteen States.
各地的道路都将缩短，并保持更好的秩序；旅客的住宿条件将成倍增加和改善；我们东侧的内陆航运将在整个或几乎整个十三个州开放。
The communication between the Western and Atlantic districts, and between different parts of each, will be rendered more and more easy by those numerous canals with which the beneficence of nature has intersected our country, and which art finds it so little difficult to connect and complete.
西部和大西洋地区之间以及各地区不同部分之间的交通将因众多运河而变得越来越容易，大自然的恩惠使这些运河与我们的国家相交，艺术发现连接和完成这些运河并不困难。
A fourth and still more important consideration is, that as almost every State will, on one side or other, be a frontier, and will thus find, in regard to its safety, an inducement to make some sacrifices for the sake of the general protection; so the States which lie at the greatest distance from the heart of the Union, and which, of course, may partake least of the ordinary circulation of its benefits, will be at the same time immediately contiguous to foreign nations, and will consequently stand, on particular occasions, in greatest need of its strength and resources.
第四个也是更重要的考虑因素是，几乎每个国家都会在一侧或另一侧成为边界，因此会发现，在其安全方面，有理由为了普遍保护而做出一些牺牲；因此，距离联邦中心最远的各州，当然也可能参与联邦利益的正常循环最少，但同时又紧邻外国，因此在特殊情况下最需要联邦的力量和资源。
It may be inconvenient for Georgia, or the States forming our western or northeastern borders, to send their representatives to the seat of government; but they would find it more so to struggle alone against an invading enemy, or even to support alone the whole expense of those precautions which may be dictated by the neighborhood of continual danger.
格鲁吉亚或构成我们西部或东北边界的各州可能不方便派代表到政府所在地；但他们会发现，独自对抗入侵的敌人，甚至独自承担预防措施的全部费用，这些预防措施可能是由邻近的持续危险所决定的。
If they should derive less benefit, therefore, from the Union in some respects than the less distant States, they will derive greater benefit from it in other respects, and thus the proper equilibrium will be maintained throughout.
因此，如果它们在某些方面从联盟中获得的利益比距离较远的国家少，那么它们在其他方面将从联盟中获得的利益会更大，从而自始至终保持适当的平衡。
I submit to you, my fellow-citizens, these considerations, in full confidence that the good sense which has so often marked your decisions will allow them their due weight and effect; and that you will never suffer difficulties, however formidable in appearance, or however fashionable the error on which they may be founded, to drive you into the gloomy and perilous scene into which the advocates for disunion would conduct you.
我的同胞们，我向你们提出这些考虑，并完全相信你们的决定常常具有良好的判断力，将使它们发挥应有的分量和效果；你永远不会遇到困难，无论表面上多么可怕，或者它们所依据的错误多么流行，都会把你推入分裂鼓吹者所引导的阴暗和危险的境地。
Hearken not to the unnatural voice which tells you that the people of America, knit together as they are by so many cords of affection, can no longer live together as members of the same family; can no longer continue the mutual guardians of their mutual happiness; can no longer be fellow citizens of one great, respectable, and flourishing empire.
不要听那些不自然的声音告诉你，美国人民虽然被如此多的感情联系在一起，但不能再作为同一个家庭的成员生活在一起；不能再继续互相守护彼此的幸福；不能再成为一个伟大的、受人尊敬的、繁荣的帝国的同胞。
Hearken not to the voice which petulantly tells you that the form of government recommended for your adoption is a novelty in the political world; that it has never yet had a place in the theories of the wildest projectors; that it rashly attempts what it is impossible to accomplish.
不要听那些脾气暴躁地告诉你推荐你采用的政府形式在政治世界中是新鲜事的声音；不要听信这样的声音。它在最疯狂的投影仪的理论中还从未占有一席之地；它轻率地尝试不可能完成的事情。
No, my countrymen, shut your ears against this unhallowed language.
不，我的同胞们，请对这种不神圣的语言闭上耳朵。
Shut your hearts against the poison which it conveys; the kindred blood which flows in the veins of American citizens, the mingled blood which they have shed in defense of their sacred rights, consecrate their Union, and excite horror at the idea of their becoming aliens, rivals, enemies.
关闭你们的心，抵御它所带来的毒害；美国公民的血管中流淌着相似的血液，他们为捍卫自己的神圣权利而流下的混合血液，奉献了他们的联邦，并为他们成为外星人、竞争对手和敌人的想法感到恐惧。
And if novelties are to be shunned, believe me, the most alarming of all novelties, the most wild of all projects, the most rash of all attempts, is that of rendering us in pieces, in order to preserve our liberties and promote our happiness.
如果要回避新奇事物，请相信我，所有新奇事物中最令人震惊的、所有计划中最狂野的、所有尝试中最鲁莽的，就是将我们分成碎片，以维护我们的自由并促进我们的幸福。
But why is the experiment of an extended republic to be rejected, merely because it may comprise what is new?
但为什么扩大共和国的实验会被拒绝，仅仅因为它可能包含新的东西呢？
Is it not the glory of the people of America, that, whilst they have paid a decent regard to the opinions of former times and other nations, they have not suffered a blind veneration for antiquity, for custom, or for names, to overrule the suggestions of their own good sense, the knowledge of their own situation, and the lessons of their own experience?
美国人民的光荣之处在于，虽然他们对过去和其他国家的意见给予了适当的尊重，但他们没有遭受对古代、习俗或名称的盲目崇拜，从而推翻了他们自己的良好判断力、对自己处境的了解和自己的经验教训的建议？
To this manly spirit, posterity will be indebted for the possession, and the world for the example, of the numerous innovations displayed on the American theatre, in favor of private rights and public happiness.
对于这种男子气概的精神，美国戏剧中所展现的众多有利于私人权利和公共幸福的创新，后人将感激不已，全世界也将以此为榜样。
Had no important step been taken by the leaders of the Revolution for which a precedent could not be discovered, no government established of which an exact model did not present itself, the people of the United States might, at this moment have been numbered among the melancholy victims of misguided councils, must at best have been laboring under the weight of some of those forms which have crushed the liberties of the rest of mankind.
如果革命的领导人没有采取任何无法找到先例的重要步骤，如果没有建立一个没有确切模型的政府，美国人民此时此刻可能会被列为误入歧途的议会的悲惨受害者，充其量只能在某些压制了其他人类自由的形式的重压下劳作。
Happily for America, happily, we trust, for the whole human race, they pursued a new and more noble course.
我们相信，为了整个人类，他们追求的是一条新的、更加崇高的道路，这对美国来说是幸福的，我们相信，对整个人类来说也是幸福的。
They accomplished a revolution which has no parallel in the annals of human society.
他们完成了一场人类社会史无前例的革命。
They reared the fabrics of governments which have no model on the face of the globe.
他们培育出的政府结构在全球范围内尚无典范。
They formed the design of a great Confederacy, which it is incumbent on their successors to improve and perpetuate.
他们制定了一个伟大的邦联的设计，他们的继任者有责任改进和延续这一设计。
If their works betray imperfections, we wonder at the fewness of them.
如果他们的作品暴露出不完美之处，我们就会惊讶于他们的数量之少。
If they erred most in the structure of the Union, this was the work most difficult to be executed; this is the work which has been new modelled by the act of your convention, and it is that act on which you are now to deliberate and to decide.
如果说他们在联盟的结构上犯了最大的错误，那么这就是最难执行的工作；这项工作是根据你们的大会法案而新制定的，你们现在要审议并作出决定。
PUBLIUS
普布利乌斯
FEDERALIST No. 15
联邦党人 15 号
The Insufficiency of the Present Confederation to Preserve the Union
现有联邦不足以维护联邦
For the Independent Journal.
对于独立杂志。
Saturday, December 1, 1787
Saturday, December 1, 1787
HAMILTON
汉密尔顿
To the People of the State of New York.
To the People of the State of New York.
IN THE course of the preceding papers, I have endeavored, my fellow citizens, to place before you, in a clear and convincing light, the importance of Union to your political safety and happiness.
在前面的文章中，我的同胞们，我已尽力以清晰而令人信服的方式向你们展示联邦对你们政治安全和幸福的重要性。
I have unfolded to you a complication of dangers to which you would be exposed, should you permit that sacred knot which binds the people of America together be severed or dissolved by ambition or by avarice, by jealousy or by misrepresentation.
我已经向你揭示了一种复杂的危险，如果你允许将美国人民联系在一起的神圣纽带因野心或贪婪、嫉妒或歪曲而被切断或瓦解，你将面临的危险。
In the sequel of the inquiry through which I propose to accompany you, the truths intended to be inculcated will receive further confirmation from facts and arguments hitherto unnoticed.
在我打算陪你进行的后续调查中，旨在灌输的真理将得到迄今为止未被注意到的事实和论点的进一步证实。
If the road over which you will still have to pass should in some places appear to you tedious or irksome, you will recollect that you are in quest of information on a subject the most momentous which can engage the attention of a free people, that the field through which you have to travel is in itself spacious, and that the difficulties of the journey have been unnecessarily increased by the mazes with which sophistry has beset the way.
如果你仍然必须经过的道路在某些地方对你来说显得乏味或令人厌烦，你会记得你正在寻找一个最重要的主题的信息，它可以吸引自由人民的注意力，你必须旅行的领域本身是广阔的，并且旅程的困难已经不必要地增加了迷宫般的诡辩包围了道路。
It will be my aim to remove the obstacles from your progress in as compendious a manner as it can be done, without sacrificing utility to despatch.
我的目标是在不牺牲发送实用性的情况下，以尽可能简洁的方式消除您进步的障碍。
In pursuance of the plan which I have laid down for the discussion of the subject, the point next in order to be examined is the "insufficiency of the present Confederation to the preservation of the Union." It may perhaps be asked what need there is of reasoning or proof to illustrate a position which is not either controverted or doubted, to which the understandings and feelings of all classes of men assent, and which in substance is admitted by the opponents as well as by the friends of the new Constitution.
根据我为讨论该主题而制定的计划，接下来要研究的问题是“现有联邦在维护联邦方面的不足”。也许有人会问，有什么必要进行推理或证明来说明这样一个立场：既没有争议，也没有怀疑，所有阶级的人的理解和感情都同意这一立场，并且新宪法的反对者和朋友实质上都承认这一立场。
It must in truth be acknowledged that, however these may differ in other respects, they in general appear to harmonize in this sentiment, at least, that there are material imperfections in our national system, and that something is necessary to be done to rescue us from impending anarchy.
事实上必须承认，无论这些在其他方面可能有所不同，但它们总体上似乎在这种观点上是一致的，至少，我们的国家制度存在实质性的缺陷，必须采取一些措施来拯救我们免于即将到来的无政府状态。
The facts that support this opinion are no longer objects of speculation.
支持这一观点的事实不再是猜测的对象。
They have forced themselves upon the sensibility of the people at large, and have at length extorted from those, whose mistaken policy has had the principal share in precipitating the extremity at which we are arrived, a reluctant confession of the reality of those defects in the scheme of our federal government, which have been long pointed out and regretted by the intelligent friends of the Union.
他们强迫广大人民感同身受，并最终迫使那些错误政策导致我们陷入绝境的人们不情愿地承认我们联邦政府计划中存在的那些缺陷的现实，这些缺陷早已被联邦的聪明朋友们指出并感到遗憾。
We may indeed with propriety be said to have reached almost the last stage of national humiliation.
确实可以说，我们几乎已经到了国耻的最后阶段。
There is scarcely anything that can wound the pride or degrade the character of an independent nation which we do not experience.
几乎没有什么事情能够伤害一个独立国家的自尊或降低其品格，这是我们没有经历过的。
Are there engagements to the performance of which we are held by every tie respectable among men?
是否有人类之间每条受人尊敬的领带都对我们的表现有承诺？
These are the subjects of constant and unblushing violation.
这些都是持续不断、毫不羞耻的侵犯行为的对象。
Do we owe debts to foreigners and to our own citizens contracted in a time of imminent peril for the preservation of our political existence?
我们是否欠外国人和我们自己的公民的债务？在危险迫在眉睫的时刻，为了维护我们的政治存在？
These remain without any proper or satisfactory provision for their discharge.
这些仍然没有任何适当或令人满意的排放规定。
Have we valuable territories and important posts in the possession of a foreign power which, by express stipulations, ought long since to have been surrendered?
我们是否拥有外国势力占有的宝贵领土和重要据点，而按照明确规定，这些领土和重要据点早就应该被投降了？
These are still retained, to the prejudice of our interests, not less than of our rights.
这些仍然保留，这损害了我们的利益，而不是少于我们的权利。
Are we in a condition to resent or to repel the aggression?
我们是否处于怨恨或击退侵略的状态？
We have neither troops, nor treasury, nor government.(1) Are we even in a condition to remonstrate with dignity?
我们没有军队，没有金库，也没有政府。（1）我们还有尊严地抗议吗？
The just imputations on our own faith, in respect to the same treaty, ought first to be removed.
就同一条约而言，对我们自己信仰的公正指责应该首先消除。
Are we entitled by nature and compact to a free participation in the navigation of the Mississippi?
我们是否天生就有权自由参与密西西比河的航行？
Spain excludes us from it.
Spain excludes us from it.
Is public credit an indispensable resource in time of public danger?
公共信用是公共危险时不可或缺的资源吗？
We seem to have abandoned its cause as desperate and irretrievable.
我们似乎已经放弃了它的事业，因为它是绝望和不可挽回的。
Is commerce of importance to national wealth?
Is commerce of importance to national wealth?
Ours is at the lowest point of declension.
Ours is at the lowest point of declension.
Is respectability in the eyes of foreign powers a safeguard against foreign encroachments?
在外国势力眼中的尊重是否可以抵御外国侵犯？
The imbecility of our government even forbids them to treat with us.
我们政府的无能甚至禁止他们与我们交往。
Our ambassadors abroad are the mere pageants of mimic sovereignty.
我们的驻外大使只不过是模仿主权的盛会。
Is a violent and unnatural decrease in the value of land a symptom of national distress?
土地价值的剧烈且非自然的下降是国家苦难的症状吗？
The price of improved land in most parts of the country is much lower than can be accounted for by the quantity of waste land at market, and can only be fully explained by that want of private and public confidence, which are so alarmingly prevalent among all ranks, and which have a direct tendency to depreciate property of every kind.
该国大部分地区改良土地的价格远低于市场上荒地数量所能解释的价格，这只能完全由私人和公众缺乏信心来解释，这种缺乏信心在各阶层中普遍存在，令人震惊，并且有直接导致各种财产贬值的趋势。
Is private credit the friend and patron of industry?
私人信贷是工业的朋友和赞助人吗？
That most useful kind which relates to borrowing and lending is reduced within the narrowest limits, and this still more from an opinion of insecurity than from the scarcity of money.
与借贷有关的最有用的种类被限制在最窄的范围内，这更多是出于不安全感，而不是因为货币稀缺。
To shorten an enumeration of particulars which can afford neither pleasure nor instruction, it may in general be demanded, what indication is there of national disorder, poverty, and insignificance that could befall a community so peculiarly blessed with natural advantages as we are, which does not form a part of the dark catalogue of our public misfortunes?
为了缩短对既不能带来快乐也不能提供指导的细节的列举，人们通常会问，有什么迹象表明民族混乱、贫困和无足轻重可能会降临在像我们这样拥有得天独厚的自然优势的社会上，而它又不属于我们公共不幸的黑暗目录的一部分？
This is the melancholy situation to which we have been brought by those very maxims and councils which would now deter us from adopting the proposed Constitution; and which, not content with having conducted us to the brink of a precipice, seem resolved to plunge us into the abyss that awaits us below.
这就是那些格言和议会给我们带来的悲惨境地，它们现在会阻止我们通过拟议的宪法；它并不满足于把我们带到悬崖的边缘，似乎决心要把我们推入下面等待着我们的深渊。
Here, my countrymen, impelled by every motive that ought to influence an enlightened people, let us make a firm stand for our safety, our tranquillity, our dignity, our reputation.
在这里，我的同胞们，在一切应该影响开明人民的动机的驱使下，让我们为我们的安全、安宁、尊严和声誉坚定立场。
Let us at last break the fatal charm which has too long seduced us from the paths of felicity and prosperity.
让我们最终打破长久以来引诱我们远离幸福和繁荣之路的致命魅力。
It is true, as has been before observed that facts, too stubborn to be resisted, have produced a species of general assent to the abstract proposition that there exist material defects in our national system; but the usefulness of the concession, on the part of the old adversaries of federal measures, is destroyed by a strenuous opposition to a remedy, upon the only principles that can give it a chance of success.
诚然，正如我们之前所观察到的那样，事实太顽固而无法抗拒，已经产生了对我们国家制度中存在重大缺陷这一抽象命题的普遍认同。但是，对于联邦措施的老对手来说，这一让步的有用性被强烈反对补救措施所破坏，而补救措施的唯一原则是可以给它带来成功的机会。
While they admit that the government of the United States is destitute of energy, they contend against conferring upon it those powers which are requisite to supply that energy.
虽然他们承认美国政府缺乏能源，但他们反对授予美国政府供应能源所需的权力。
They seem still to aim at things repugnant and irreconcilable; at an augmentation of federal authority, without a diminution of State authority; at sovereignty in the Union, and complete independence in the members.
他们的目标似乎仍然是令人反感和不可调和的事情；扩大联邦权力，而不削弱州权力；联盟拥有主权，成员完全独立。
They still, in fine, seem to cherish with blind devotion the political monster of an imperium in imperio.
总而言之，他们似乎仍然盲目地热爱着帝国中帝国的政治怪物。
This renders a full display of the principal defects of the Confederation necessary, in order to show that the evils we experience do not proceed from minute or partial imperfections, but from fundamental errors in the structure of the building, which cannot be amended otherwise than by an alteration in the first principles and main pillars of the fabric.
这就需要充分展示联邦的主要缺陷，以表明我们所经历的罪恶并非源于微小或部分的缺陷，而是源于建筑物结构的根本错误，而这些错误只能通过改变结构的首要原则和主要支柱来修正。
The great and radical vice in the construction of the existing Confederation is in the principle of LEGISLATION for STATES or GOVERNMENTS, in their CORPORATE or COLLECTIVE CAPACITIES, and as contradistinguished from the INDIVIDUALS of which they consist.
现有联邦建设中的重大而根本的弊端在于州或政府的立法原则，其企业或集体能力，以及与组成它们的个人的区别。
Though this principle does not run through all the powers delegated to the Union, yet it pervades and governs those on which the efficacy of the rest depends.
尽管这一原则并未贯穿授予欧盟的所有权力，但它却渗透并支配着其他权力所依赖的权力。
Except as to the rule of appointment, the United States has an indefinite discretion to make requisitions for men and money; but they have no authority to raise either, by regulations extending to the individual citizens of America.
除任命规则外，美国拥有无限期的酌处权来征用人员和资金；但他们无权提出任何一项，因为法规适用于美国公民个人。
The consequence of this is, that though in theory their resolutions concerning those objects are laws, constitutionally binding on the members of the Union, yet in practice they are mere recommendations which the States observe or disregard at their option.
这样做的结果是，虽然理论上它们关于这些目标的决议是法律，对联盟成员具有宪法约束力，但实际上它们只是各国自行选择遵守或忽视的建议。
It is a singular instance of the capriciousness of the human mind, that after all the admonitions we have had from experience on this head, there should still be found men who object to the new Constitution, for deviating from a principle which has been found the bane of the old, and which is in itself evidently incompatible with the idea of GOVERNMENT; a principle, in short, which, if it is to be executed at all, must substitute the violent and sanguinary agency of the sword to the mild influence of the magistracy.
这是人类思想反复无常的一个独特的例子，在我们从这方面的经验中得到了所有的警告之后，仍然有人反对新宪法，因为它背离了旧宪法的祸根，而且它本身显然与政府的理念不相容。简而言之，如果要执行这一原则，就必须用武力和血腥的刀剑取代行政当局的温和影响。
There is nothing absurd or impracticable in the idea of a league or alliance between independent nations for certain defined purposes precisely stated in a treaty regulating all the details of time, place, circumstance, and quantity; leaving nothing to future discretion; and depending for its execution on the good faith of the parties.
独立国家之间为了某些明确的目的而结成同盟或联盟的想法并没有什么荒谬或不切实际的，这些目的在一项规定了时间、地点、情况和数量的所有细节的条约中得到了明确规定。 leaving nothing to future discretion;并取决于当事人的诚意。
Compacts of this kind exist among all civilized nations, subject to the usual vicissitudes of peace and war, of observance and non-observance, as the interests or passions of the contracting powers dictate.
所有文明国家之间都存在这种契约，但通常会受到和平与战争、遵守与不遵守的变迁的影响，这取决于缔约国的利益或热情。
In the early part of the present century there was an epidemical rage in Europe for this species of compacts, from which the politicians of the times fondly hoped for benefits which were never realized.
本世纪初，欧洲对这种契约盛行一时，当时的政客们满怀希望地希望从中获得好处，但从未实现。
With a view to establishing the equilibrium of power and the peace of that part of the world, all the resources of negotiation were exhausted, and triple and quadruple alliances were formed; but they were scarcely formed before they were broken, giving an instructive but afflicting lesson to mankind, how little dependence is to be placed on treaties which have no other sanction than the obligations of good faith, and which oppose general considerations of peace and justice to the impulse of any immediate interest or passion.
为了建立力量平衡和世界该地区的和平，用尽了所有谈判资源，形成了三重和四重联盟；但这些条约刚刚形成就被打破了，给人类上了一个有启发性但却令人痛苦的教训：如果条约除了善意的义务之外没有其他约束力，并且将和平与正义的普遍考虑与任何直接利益或激情的冲动相抵触，那么我们就不能再依赖条约了。
If the particular States in this country are disposed to stand in a similar relation to each other, and to drop the project of a general DISCRETIONARY SUPERINTENDENCE, the scheme would indeed be pernicious, and would entail upon us all the mischiefs which have been enumerated under the first head; but it would have the merit of being, at least, consistent and practicable Abandoning all views towards a confederate government, this would bring us to a simple alliance offensive and defensive; and would place us in a situation to be alternate friends and enemies of each other, as our mutual jealousies and rivalships, nourished by the intrigues of foreign nations, should prescribe to us.
如果这个国家的特定国家打算彼此保持类似的关系，并放弃一般全权监督的计划，那么这个计划确实是有害的，并且会给我们带来第一类下列举的所有危害；但它的优点是，至少是一致和可行的。放弃所有对邦联政府的看法，这将使我们采取简单的联盟进攻和防御；这将使我们处于一种时而互为朋友、时而为敌的境地，因为我们因外国的阴谋而相互嫉妒和竞争。
But if we are unwilling to be placed in this perilous situation; if we still will adhere to the design of a national government, or, which is the same thing, of a superintending power, under the direction of a common council, we must resolve to incorporate into our plan those ingredients which may be considered as forming the characteristic difference between a league and a government; we must extend the authority of the Union to the persons of the citizens,--the only proper objects of government.
但如果我们不愿意处于这种危险的境地；如果我们仍然坚持国家政府的设计，或者，在共同委员会的指导下，坚持一个监管权力的设计，我们必须决心将那些可能被认为构成联盟和政府之间特征差异的要素纳入我们的计划中；我们必须将联邦的权威扩大到公民——政府唯一适当的目标。
Government implies the power of making laws.
Government implies the power of making laws.
It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience.
对于法律的理念而言，最重要的是它必须附有制裁措施。或者，换句话说，对不服从的惩罚或惩罚。
If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.
如果不服从而没有处罚，那么那些看似法律的决议或命令实际上只不过是忠告或建议。
This penalty, whatever it may be, can only be inflicted in two ways: by the agency of the courts and ministers of justice, or by military force; by the COERCION of the magistracy, or by the COERCION of arms.
这种惩罚，无论是什么，只能通过两种方式施加：通过法院和司法部长的机构，或者通过军事力量；通过行政长官的胁迫，或通过武力的胁迫。
The first kind can evidently apply only to men; the last kind must of necessity, be employed against bodies politic, or communities, or States.
The first kind can evidently apply only to men;最后一种必须用于对抗政治体、社区或国家。
It is evident that there is no process of a court by which the observance of the laws can, in the last resort, be enforced.
显然，法院没有任何程序可以在最后手段下强制遵守法律。
Sentences may be denounced against them for violations of their duty; but these sentences can only be carried into execution by the sword.
他们可能因违反职责而被判刑；但这些判决只能用剑来执行。
In an association where the general authority is confined to the collective bodies of the communities, that compose it, every breach of the laws must involve a state of war; and military execution must become the only instrument of civil obedience.
在一个协会中，一般权力仅限于组成该协会的社区集体机构，每一次违反法律的行为都必须涉及战争状态；军事处决必须成为公民服从的唯一手段。
Such a state of things can certainly not deserve the name of government, nor would any prudent man choose to commit his happiness to it.
这种状况当然不配称为政府，任何一个谨慎的人也不会选择将自己的幸福托付给它。
There was a time when we were told that breaches, by the States, of the regulations of the federal authority were not to be expected; that a sense of common interest would preside over the conduct of the respective members, and would beget a full compliance with all the constitutional requisitions of the Union.
曾经有一段时间，我们被告知，各州违反联邦当局的规定是意料之中的。共同利益感将主导各成员的行为，并将导致充分遵守联盟的所有宪法要求。
This language, at the present day, would appear as wild as a great part of what we now hear from the same quarter will be thought, when we shall have received further lessons from that best oracle of wisdom, experience.
在今天，当我们从最好的智慧神谕和经验中得到进一步的教训时，这种语言将显得像我们现在从同一方面听到的大部分内容一样狂野。
It at all times betrayed an ignorance of the true springs by which human conduct is actuated, and belied the original inducements to the establishment of civil power.
它始终暴露出对人类行为的真正源泉的无知，并掩盖了建立公民权力的最初动机。
Why has government been instituted at all?
Why has government been instituted at all?
Because the passions of men will not conform to the dictates of reason and justice, without constraint.
因为，如果没有约束，人的激情不会符合理性和正义的支配。
Has it been found that bodies of men act with more rectitude or greater disinterestedness than individuals?
有没有发现，人类团体的行为比个人更正直或更公正？
The contrary of this has been inferred by all accurate observers of the conduct of mankind; and the inference is founded upon obvious reasons.
所有对人类行为进行准确观察的人都得出了相反的结论。这个推论是有明显理由的。
Regard to reputation has a less active influence, when the infamy of a bad action is to be divided among a number than when it is to fall singly upon one.
当一项不良行为的恶名被分摊到许多人身上时，与单独落在一个人身上时相比，名誉的影响就不那么积极了。
A spirit of faction, which is apt to mingle its poison in the deliberations of all bodies of men, will often hurry the persons of whom they are composed into improprieties and excesses, for which they would blush in a private capacity.
派别精神很容易将其毒害融入到所有人的审议中，常常会促使组成这些团体的人做出不当行为和过激行为，而他们以私人身份会为此感到脸红。
In addition to all this, there is, in the nature of sovereign power, an impatience of control, that disposes those who are invested with the exercise of it, to look with an evil eye upon all external attempts to restrain or direct its operations.
除此之外，主权权力的本质是对控制的不耐烦，这使得那些负责行使主权的人以邪恶的眼光看待所有限制或指导其运作的外部企图。
From this spirit it happens, that in every political association which is formed upon the principle of uniting in a common interest a number of lesser sovereignties, there will be found a kind of eccentric tendency in the subordinate or inferior orbs, by the operation of which there will be a perpetual effort in each to fly off from the common centre.
出于这种精神，在每一个以共同利益联合若干较小主权的原则为基础而形成的政治联盟中，都会在从属或较低的球体中发现一种古怪的倾向，通过这种倾向的运作，每个政治联盟都会不断地努力脱离共同的中心。
This tendency is not difficult to be accounted for.
这种趋势并不难解释。
It has its origin in the love of power.
It has its origin in the love of power.
Power controlled or abridged is almost always the rival and enemy of that power by which it is controlled or abridged.
被控制或被削弱的权力几乎总是被控制或被削弱的权力的对手和敌人。
This simple proposition will teach us how little reason there is to expect, that the persons intrusted with the administration of the affairs of the particular members of a confederacy will at all times be ready, with perfect good-humor, and an unbiased regard to the public weal, to execute the resolutions or decrees of the general authority.
这个简单的命题将告诉我们，没有理由指望负责管理邦联特定成员事务的人在任何时候都准备好以完美的幽默感和对公众福利的公正考虑来执行一般当局的决议或法令。
The reverse of this results from the constitution of human nature.
与此相反的是人性的构成。
If, therefore, the measures of the Confederacy cannot be executed without the intervention of the particular administrations, there will be little prospect of their being executed at all.
因此，如果联邦的措施在没有特定政府干预的情况下就无法执行，那么它们执行的前景就微乎其微。
The rulers of the respective members, whether they have a constitutional right to do it or not, will undertake to judge of the propriety of the measures themselves.
各成员的统治者，无论是否有宪法权利这样做，都将自行判断这些措施的适当性。
They will consider the conformity of the thing proposed or required to their immediate interests or aims; the momentary conveniences or inconveniences that would attend its adoption.
他们会考虑提议或要求的事情是否符合他们的直接利益或目标；其通过所带来的暂时的便利或不便。
All this will be done; and in a spirit of interested and suspicious scrutiny, without that knowledge of national circumstances and reasons of state, which is essential to a right judgment, and with that strong predilection in favor of local objects, which can hardly fail to mislead the decision.
这一切都会完成；并本着感兴趣和可疑的审查精神，没有对国情和国家原因的了解（这是正确判断所必需的），并且强烈偏爱当地目标，这很难不误导决策。
The same process must be repeated in every member of which the body is constituted; and the execution of the plans, framed by the councils of the whole, will always fluctuate on the discretion of the ill-informed and prejudiced opinion of every part.
同样的过程必须在构成身体的每个成员身上重复进行。由全体委员会制定的计划的执行，总是会因各方不知情和有偏见的意见而波动。
Those who have been conversant in the proceedings of popular assemblies; who have seen how difficult it often is, where there is no exterior pressure of circumstances, to bring them to harmonious resolutions on important points, will readily conceive how impossible it must be to induce a number of such assemblies, deliberating at a distance from each other, at different times, and under different impressions, long to co-operate in the same views and pursuits.
熟悉民众集会程序的人；如果没有外部环境的压力，要在重要问题上达成和谐的解决方案常常是多么困难，人们就会很容易想象，要召集许多这样的集会是多么不可能，这些集会彼此相隔一定距离，在不同的时间，在不同的印象下进行审议，渴望在相同的观点和追求上进行合作。
In our case, the concurrence of thirteen distinct sovereign wills is requisite, under the Confederation, to the complete execution of every important measure that proceeds from the Union.
就我们而言，在联邦领导下，要全面执行联邦制定的每一项重要措施，必须获得十三个不同主权意志的同意。
It has happened as was to have been foreseen.
正如所预见的那样，事情已经发生了。
The measures of the Union have not been executed; the delinquencies of the States have, step by step, matured themselves to an extreme, which has, at length, arrested all the wheels of the national government, and brought them to an awful stand.
联盟的措施尚未执行；各州的违法行为一步步发展到了极端，最终使国家政府的所有车轮都陷入瘫痪，陷入了可怕的境地。
Congress at this time scarcely possess the means of keeping up the forms of administration, till the States can have time to agree upon a more substantial substitute for the present shadow of a federal government.
此时国会几乎不具备维持行政管理形式的手段，除非各州有时间商定一个更实质性的替代方案来取代目前联邦政府的影子。
Things did not come to this desperate extremity at once.
事情并不是一下子就发展到如此绝境的。
The causes which have been specified produced at first only unequal and disproportionate degrees of compliance with the requisitions of the Union.
上述具体原因最初只是导致对联盟要求的遵守程度不平等且不成比例。
The greater deficiencies of some States furnished the pretext of example and the temptation of interest to the complying, or to the least delinquent States.
一些国家的较大缺陷为遵守国家或最不违法国家提供了榜样和利益诱惑。
Why should we do more in proportion than those who are embarked with us in the same political voyage?
为什么我们应该比那些与我们一起踏上同一政治航程的人做更多的事情呢？
Why should we consent to bear more than our proper share of the common burden?
为什么我们应该同意承担超出我们应有份额的共同负担？
These were suggestions which human selfishness could not withstand, and which even speculative men, who looked forward to remote consequences, could not, without hesitation, combat.
这些建议是人类的自私所无法承受的，即使是那些期待遥远后果的投机者也无法毫不犹豫地反对这些建议。
Each State, yielding to the persuasive voice of immediate interest or convenience, has successively withdrawn its support, till the frail and tottering edifice seems ready to fall upon our heads, and to crush us beneath its ruins.
每个州都屈服于眼前利益或方便的有说服力的声音，相继撤回了其支持，直到这座脆弱而摇摇欲坠的大厦似乎即将倒在我们的头上，并将我们压在其废墟下。
PUBLIUS
普布利乌斯
1.
1.
"I mean for the Union."
“我的意思是为了联盟。”
FEDERALIST No. 16
联邦党人文集 16 号
The Same Subject Continued (The Insufficiency of the Present Confederation to Preserve the Union)
同一主题继续（当前联邦不足以维护联邦）
From the New York Packet.
来自纽约邮包。
Tuesday, December 4, 1787.
1787 年 12 月 4 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE tendency of the principle of legislation for States, or communities, in their political capacities, as it has been exemplified by the experiment we have made of it, is equally attested by the events which have befallen all other governments of the confederate kind, of which we have any account, in exact proportion to its prevalence in those systems.
正如我们所做的实验所证明的那样，国家或社区的立法原则在其政治能力方面的倾向，同样得到了发生在所有其他邦联类型政府身上的事件的证明，我们对此有任何记录，与其在这些系统中的盛行程度成正比。
The confirmations of this fact will be worthy of a distinct and particular examination.
这一事实的证实值得进行明确和特殊的检验。
I shall content myself with barely observing here, that of all the confederacies of antiquity, which history has handed down to us, the Lycian and Achaean leagues, as far as there remain vestiges of them, appear to have been most free from the fetters of that mistaken principle, and were accordingly those which have best deserved, and have most liberally received, the applauding suffrages of political writers.
我将满足于在这里勉强观察一下，在历史传承给我们的所有古代联盟中，利西亚联盟和亚该亚联盟，就其残余而言，似乎最不受这一错误原则的束缚，因此是最值得政治作家们鼓掌的选举权。
This exceptionable principle may, as truly as emphatically, be styled the parent of anarchy: It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is force, and the immediate effect of the use of it, civil war.
这一特殊的原则确实可以被称为无政府状态的根源：人们已经看到，联邦成员的违法行为是其自然和必然的产物；每当这种情况发生时，唯一的宪法补救措施就是武力，而使用武力的直接后果就是内战。
It remains to inquire how far so odious an engine of government, in its application to us, would even be capable of answering its end.
仍然有待探究的是，如此可恶的政府机器在应用于我们时，能够在多大程度上达到其目的。
If there should not be a large army constantly at the disposal of the national government it would either not be able to employ force at all, or, when this could be done, it would amount to a war between parts of the Confederacy concerning the infractions of a league, in which the strongest combination would be most likely to prevail, whether it consisted of those who supported or of those who resisted the general authority.
如果国家政府不能随时调动一支庞大的军队，那么它要么根本无法使用武力，要么即使可以使用武力，也将相当于邦联各部分之间因联盟的违规行为而发生的战争，在这场战争中，最强大的联合体最有可能获胜，无论它是由支持总权力的人组成还是由反对总权力的人组成。
It would rarely happen that the delinquency to be redressed would be confined to a single member, and if there were more than one who had neglected their duty, similarity of situation would induce them to unite for common defense.
被纠正的过错很少会发生在一个成员身上，如果有多个失职人员，情况的相似性就会促使他们联合起来共同辩护。
Independent of this motive of sympathy, if a large and influential State should happen to be the aggressing member, it would commonly have weight enough with its neighbors to win over some of them as associates to its cause.
抛开这种同情的动机不谈，如果一个大国和有影响力的国家碰巧是侵略成员，它通常会在其邻国中拥有足够的影响力，以赢得其中一些国家作为其事业的伙伴。
Specious arguments of danger to the common liberty could easily be contrived; plausible excuses for the deficiencies of the party could, without difficulty, be invented to alarm the apprehensions, inflame the passions, and conciliate the good-will, even of those States which were not chargeable with any violation or omission of duty.
威胁公共自由的似是而非的论点很容易被编造出来。可以毫不费力地为该党的缺陷发明合理的借口，以引起忧虑，煽动激情，安抚善意，即使是那些没有被指控犯有任何违反或疏忽义务的国家。
This would be the more likely to take place, as the delinquencies of the larger members might be expected sometimes to proceed from an ambitious premeditation in their rulers, with a view to getting rid of all external control upon their designs of personal aggrandizement; the better to effect which it is presumable they would tamper beforehand with leading individuals in the adjacent States.
这种情况更有可能发生，因为较大成员的违法行为有时可能源于其统治者雄心勃勃的预谋，目的是摆脱对他们个人扩张计划的所有外部控制；据推测，他们会事先对邻近国家的领导人进行干预，以达到更好的效果。
If associates could not be found at home, recourse would be had to the aid of foreign powers, who would seldom be disinclined to encouraging the dissensions of a Confederacy, from the firm union of which they had so much to fear.
如果在国内找不到同伙，就必须求助于外国列强，而外国列强很少会不情愿地鼓励邦联的纷争，因为他们非常担心邦联的牢固联盟。
When the sword is once drawn, the passions of men observe no bounds of moderation.
一旦剑拔出，人们的激情就无法节制。
The suggestions of wounded pride, the instigations of irritated resentment, would be apt to carry the States against which the arms of the Union were exerted, to any extremes necessary to avenge the affront or to avoid the disgrace of submission.
伤害自尊心的暗示，煽动激怒的怨恨，很容易使联邦武器所针对的国家走向任何必要的极端，以报复侮辱或避免屈服的耻辱。
The first war of this kind would probably terminate in a dissolution of the Union.
第一次此类战争可能会以联邦解体而告终。
This may be considered as the violent death of the Confederacy.
这可以被认为是联邦的暴力死亡。
Its more natural death is what we now seem to be on the point of experiencing, if the federal system be not speedily renovated in a more substantial form.
如果联邦体系不迅速以更实质性的形式进行革新，我们现在似乎即将经历它更自然的死亡。
It is not probable, considering the genius of this country, that the complying States would often be inclined to support the authority of the Union by engaging in a war against the non-complying States.
考虑到这个国家的天才，遵守国家不太可能经常倾向于通过对不遵守国家发动战争来支持联盟的权威。
They would always be more ready to pursue the milder course of putting themselves upon an equal footing with the delinquent members by an imitation of their example.
他们总是更愿意采取较为温和的做法，通过效仿违法者的榜样，将自己置于与违法者平等的地位上。
And the guilt of all would thus become the security of all.
因此，所有人的罪责将成为所有人的安全。
Our past experience has exhibited the operation of this spirit in its full light.
我们过去的经验充分体现了这种精神的作用。
There would, in fact, be an insuperable difficulty in ascertaining when force could with propriety be employed.
事实上，要确定何时可以适当地使用武力，存在着不可克服的困难。
In the article of pecuniary contribution, which would be the most usual source of delinquency, it would often be impossible to decide whether it had proceeded from disinclination or inability.
在金钱贡献条款中，这是最常见的犯罪根源，通常无法确定它是出于不愿意还是无能力。
The pretense of the latter would always be at hand.
后者的假装总是近在眼前。
And the case must be very flagrant in which its fallacy could be detected with sufficient certainty to justify the harsh expedient of compulsion.
而且案件必须非常明显，其中的谬误可以足够确定地被发现，以证明强制的严厉权宜之计是合理的。
It is easy to see that this problem alone, as often as it should occur, would open a wide field for the exercise of factious views, of partiality, and of oppression, in the majority that happened to prevail in the national council.
不难看出，光是这个问题（只要它经常发生）就会为在全国议会中占多数的派别观点、偏袒和压迫的行使提供广阔的空间。
It seems to require no pains to prove that the States ought not to prefer a national Constitution which could only be kept in motion by the instrumentality of a large army continually on foot to execute the ordinary requisitions or decrees of the government.
似乎不费吹灰之力就能证明，各州不应该选择一部国家宪法，因为它只能通过一支大军不断徒步执行政府的普通要求或法令来维持。
And yet this is the plain alternative involved by those who wish to deny it the power of extending its operations to individuals.
然而，对于那些希望否认其将业务扩展到个人的人来说，这是一个简单的选择。
Such a scheme, if practicable at all, would instantly degenerate into a military despotism; but it will be found in every light impracticable.
这样的计划即使可行，也会立即沦为军事专制。但无论从哪方面来看，它都是不切实际的。
The resources of the Union would not be equal to the maintenance of an army considerable enough to confine the larger States within the limits of their duty; nor would the means ever be furnished of forming such an army in the first instance.
联盟的资源不足以维持一支足以将较大国家限制在其职责范围内的军队；一开始也没有办法组建这样一支军队。
Whoever considers the populousness and strength of several of these States singly at the present juncture, and looks forward to what they will become, even at the distance of half a century, will at once dismiss as idle and visionary any scheme which aims at regulating their movements by laws to operate upon them in their collective capacities, and to be executed by a coercion applicable to them in the same capacities.
任何人在当前时刻单独考虑其中几个国家的人口数量和实力，并展望它们将成为什么样子，甚至在半个世纪之后，都会立即将任何旨在通过法律规范它们的运动以对它们的集体能力进行操作并通过以同样的能力适用于它们的强制力来执行的计划视为空想和空想。
A project of this kind is little less romantic than the monster-taming spirit which is attributed to the fabulous heroes and demi-gods of antiquity.
此类项目与古代传奇英雄和半神的驯兽精神一样浪漫。
Even in those confederacies which have been composed of members smaller than many of our counties, the principle of legislation for sovereign States, supported by military coercion, has never been found effectual.
即使在那些由比我们许多县还小的成员组成的邦联中，以军事胁迫为支持的主权国家立法原则也从未被证明是有效的。
It has rarely been attempted to be employed, but against the weaker members; and in most instances attempts to coerce the refractory and disobedient have been the signals of bloody wars, in which one half of the confederacy has displayed its banners against the other half.
它很少被尝试使用，而是针对较弱的成员；在大多数情况下，试图强迫顽固和不服从的人是血腥战争的信号，在这场战争中，联盟的一半人展示了反对另一半人的旗帜。
The result of these observations to an intelligent mind must be clearly this, that if it be possible at any rate to construct a federal government capable of regulating the common concerns and preserving the general tranquillity, it must be founded, as to the objects committed to its care, upon the reverse of the principle contended for by the opponents of the proposed Constitution.
对于聪明人来说，这些观察的结果肯定是明确的：如果无论如何有可能建立一个能够调节共同问题并维护普遍安宁的联邦政府，就其所关心的目标而言，它必须建立在与拟议宪法的反对者所主张的原则相反的基础上。
It must carry its agency to the persons of the citizens.
它必须向公民发挥其代理作用。
It must stand in need of no intermediate legislations; but must itself be empowered to employ the arm of the ordinary magistrate to execute its own resolutions.
它必须不需要任何中间立法；但它本身必须有权利用普通地方法官的权力来执行自己的决议。
The majesty of the national authority must be manifested through the medium of the courts of justice.
国家权力的威严必须通过法院来体现。
The government of the Union, like that of each State, must be able to address itself immediately to the hopes and fears of individuals; and to attract to its support those passions which have the strongest influence upon the human heart.
联邦政府，像每个州政府一样，必须能够立即解决个人的希望和恐惧；并吸引那些对人心有最强烈影响的激情来支持它。
It must, in short, possess all the means, and have aright to resort to all the methods, of executing the powers with which it is intrusted, that are possessed and exercised by the government of the particular States.
简而言之，它必须拥有一切手段，并有权诉诸一切方法，以执行特定国家政府所拥有和行使的赋予它的权力。
To this reasoning it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.
对于这一推理，也许有人会反对，如果任何国家对联盟的权威不满，它就可以随时阻碍其法律的执行，并将此事带到同样的武力问题上，而相反的计划必然会受到谴责。
The plausibility of this objection will vanish the moment we advert to the essential difference between a mere NON-COMPLIANCE and a DIRECT and ACTIVE RESISTANCE.
一旦我们注意到单纯的不遵守与直接和积极的抵抗之间的本质区别，这种反对意见的合理性就会消失。
If the interposition of the State legislatures be necessary to give effect to a measure of the Union, they have only NOT TO ACT, or TO ACT EVASIVELY, and the measure is defeated.
如果州立法机关的干预对于实施欧盟的某项措施是必要的，那么他们只需不采取行动或回避采取行动，该措施就会被否决。
This neglect of duty may be disguised under affected but unsubstantial provisions, so as not to appear, and of course not to excite any alarm in the people for the safety of the Constitution.
这种玩忽职守的行为可能会被掩盖在受影响但不具实质性的条款之下，以免出现，当然也不会激起人民对宪法安全的警惕。
The State leaders may even make a merit of their surreptitious invasions of it on the ground of some temporary convenience, exemption, or advantage.
国家领导人甚至可能以某种暂时的便利、豁免或利益为由，为秘密入侵它做功劳。
But if the execution of the laws of the national government should not require the intervention of the State legislatures, if they were to pass into immediate operation upon the citizens themselves, the particular governments could not interrupt their progress without an open and violent exertion of an unconstitutional power.
但是，如果国家政府法律的执行不需要州立法机关的干预，如果这些法律要立即对公民本身实施，那么特定政府就不能在不公开和暴力地行使违宪权力的情况下中断其进程。
No omissions nor evasions would answer the end.
没有任何遗漏或回避可以回答这个结局。
They would be obliged to act, and in such a manner as would leave no doubt that they had encroached on the national rights.
他们将有义务采取行动，而且采取的方式无疑是他们侵犯了国民权利。
An experiment of this nature would always be hazardous in the face of a constitution in any degree competent to its own defense, and of a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority.
面对任何程度有能力捍卫自身的宪法，以及一个足够开明、能够区分合法行使权力和非法篡夺权力的人民，这种性质的实验总是危险的。
The success of it would require not merely a factious majority in the legislature, but the concurrence of the courts of justice and of the body of the people.
它的成功不仅需要立法机关中的派系多数，还需要法院和人民的同意。
If the judges were not embarked in a conspiracy with the legislature, they would pronounce the resolutions of such a majority to be contrary to the supreme law of the land, unconstitutional, and void.
如果法官没有与立法机关合谋，他们就会宣布如此多数的决议违反国家最高法律，违宪且无效。
If the people were not tainted with the spirit of their State representatives, they, as the natural guardians of the Constitution, would throw their weight into the national scale and give it a decided preponderancy in the contest.
如果人民没有受到国家代表精神的玷污，他们作为宪法的天然守护者，就会在国家的尺度上发挥自己的力量，并在竞争中赋予国家决定性的优势。
Attempts of this kind would not often be made with levity or rashness, because they could seldom be made without danger to the authors, unless in cases of a tyrannical exercise of the federal authority.
这种尝试通常不会轻率或鲁莽，因为除非是在联邦权力专制行使的情况下，否则很少会对作者造成危险。
If opposition to the national government should arise from the disorderly conduct of refractory or seditious individuals, it could be overcome by the same means which are daily employed against the same evil under the State governments.
如果对中央政府的反对是由于顽固或煽动性个人的无序行为而引起的，那么可以通过州政府日常用来对付同样邪恶的相同手段来克服它。
The magistracy, being equally the ministers of the law of the land, from whatever source it might emanate, would doubtless be as ready to guard the national as the local regulations from the inroads of private licentiousness.
地方官员同样是国家法律的部长，无论其来源如何，毫无疑问会像保护地方法规一样准备好保护国家法规免受私人放纵的侵害。
As to those partial commotions and insurrections, which sometimes disquiet society, from the intrigues of an inconsiderable faction, or from sudden or occasional illhumors that do not infect the great body of the community the general government could command more extensive resources for the suppression of disturbances of that kind than would be in the power of any single member.
至于那些有时会引起社会不安的局部骚乱和叛乱，这些骚乱和叛乱是由于小派别的阴谋，或者是由于突然或偶尔的不愉快而没有影响到社会的大部分人而引起的，一般政府可以指挥比任何一个成员所能拥有的更广泛的资源来镇压此类骚乱。
And as to those mortal feuds which, in certain conjunctures, spread a conflagration through a whole nation, or through a very large proportion of it, proceeding either from weighty causes of discontent given by the government or from the contagion of some violent popular paroxysm, they do not fall within any ordinary rules of calculation.
至于那些在某些情况下，由于政府提出的重大不满原因或由于某些暴力的民众爆发的蔓延而引起整个国家或很大一部分国家蔓延大火的致命世仇，它们不属于任何普通的计算规则。
When they happen, they commonly amount to revolutions and dismemberments of empire.
当它们发生时，通常意味着革命和帝国的分裂。
No form of government can always either avoid or control them.
任何形式的政府都无法总是避免或控制它们。
It is in vain to hope to guard against events too mighty for human foresight or precaution, and it would be idle to object to a government because it could not perform impossibilities.
希望防范人类无法预见或预防的重大事件是徒劳的，并且因为政府无法完成不可能的事情而反对政府也是徒劳的。
PUBLIUS
普布利乌斯
FEDERALIST No. 17
联邦党人第17号
The Same Subject Continued (The Insufficiency of the Present Confederation to Preserve the Union)
同一主题继续（当前联邦不足以维护联邦）
For the Independent Journal.
对于独立杂志。
Wednesday, December 5, 1787
1787 年 12 月 5 日，星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
AN OBJECTION, of a nature different from that which has been stated and answered, in my last address, may perhaps be likewise urged against the principle of legislation for the individual citizens of America.
与我在上次演讲中陈述和回答的性质不同的反对意见，也许同样会被敦促反对美国公民个人的立法原则。
It may be said that it would tend to render the government of the Union too powerful, and to enable it to absorb those residuary authorities, which it might be judged proper to leave with the States for local purposes.
可以说，这往往会使联邦政府过于强大，并使其能够吸收那些剩余的权力，而将这些权力留给各州用于地方目的可能会被认为是适当的。
Allowing the utmost latitude to the love of power which any reasonable man can require, I confess I am at a loss to discover what temptation the persons intrusted with the administration of the general government could ever feel to divest the States of the authorities of that description.
允许任何理性人对权力的热爱所要求的最大自由度，我承认，我无法发现那些受托管理联邦政府的人可能会受到什么样的诱惑而将州从此类当局手中剥离。
The regulation of the mere domestic police of a State appears to me to hold out slender allurements to ambition.
在我看来，对一个国家的国内警察的监管对野心的诱惑力微乎其微。
Commerce, finance, negotiation, and war seem to comprehend all the objects which have charms for minds governed by that passion; and all the powers necessary to those objects ought, in the first instance, to be lodged in the national depository.
商业、金融、谈判和战争似乎涵盖了所有对受这种激情支配的头脑具有魅力的事物；这些物品所需的所有权力首先应存放在国家保管处。
The administration of private justice between the citizens of the same State, the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction.
同一国家公民之间的私人司法管理、农业监督以及其他类似性质的事务，简而言之，所有这些事情都适合由地方立法规定，但绝不能由一般管辖权负责。
It is therefore improbable that there should exist a disposition in the federal councils to usurp the powers with which they are connected; because the attempt to exercise those powers would be as troublesome as it would be nugatory; and the possession of them, for that reason, would contribute nothing to the dignity, to the importance, or to the splendor of the national government.
因此，联邦委员会不可能存在篡夺与其相关权力的倾向；因为试图行使这些权力会很麻烦，而且毫无意义；因此，拥有它们对国家政府的尊严、重要性或辉煌毫无贡献。
But let it be admitted, for argument's sake, that mere wantonness and lust of domination would be sufficient to beget that disposition; still it may be safely affirmed, that the sense of the constituent body of the national representatives, or, in other words, the people of the several States, would control the indulgence of so extravagant an appetite.
但为了论证的目的，我们必须承认，仅仅放荡和统治欲望就足以产生这种倾向；仍然可以肯定的是，国民代表组成机构，或者换句话说，几个州的人民的意识将控制对如此奢侈的欲望的放纵。
It will always be far more easy for the State governments to encroach upon the national authorities than for the national government to encroach upon the State authorities.
州政府侵犯国家当局总是比中央政府侵犯州当局容易得多。
The proof of this proposition turns upon the greater degree of influence which the State governments if they administer their affairs with uprightness and prudence, will generally possess over the people; a circumstance which at the same time teaches us that there is an inherent and intrinsic weakness in all federal constitutions; and that too much pains cannot be taken in their organization, to give them all the force which is compatible with the principles of liberty.
这一命题的证据在于，如果州政府以正直和审慎的方式管理其事务，那么它们通常会对人民产生更大程度的影响。这种情况同时告诉我们，所有联邦宪法都存在固有的弱点；并且在他们的组织中不能付出太多的努力来给予他们与自由原则相容的所有力量。
The superiority of influence in favor of the particular governments would result partly from the diffusive construction of the national government, but chiefly from the nature of the objects to which the attention of the State administrations would be directed.
有利于特定政府的影响力优势部分是由于国家政府的分散性建设造成的，但主要是由于国家行政部门所关注的目标的性质。
It is a known fact in human nature, that its affections are commonly weak in proportion to the distance or diffusiveness of the object.
人性中众所周知的事实是，人的情感通常与物体的距离或扩散程度成正比而减弱。
Upon the same principle that a man is more attached to his family than to his neighborhood, to his neighborhood than to the community at large, the people of each State would be apt to feel a stronger bias towards their local governments than towards the government of the Union; unless the force of that principle should be destroyed by a much better administration of the latter.
根据同样的原则，一个人对他的家庭比对他的邻居更依恋，对他的邻居比对整个社区更依恋，每个州的人民都会倾向于对他们的地方政府比对联邦政府有更强烈的偏见；除非该原则的力量因后者的更好管理而被摧毁。
This strong propensity of the human heart would find powerful auxiliaries in the objects of State regulation.
人心的这种强烈倾向可以在国家管制的对象中找到强有力的辅助手段。
The variety of more minute interests, which will necessarily fall under the superintendence of the local administrations, and which will form so many rivulets of influence, running through every part of the society, cannot be particularized, without involving a detail too tedious and uninteresting to compensate for the instruction it might afford.
各种更细微的利益必然会受到地方行政当局的监督，并且会形成如此多的影响力，贯穿社会的各个部分，如果不涉及一个过于乏味和无趣的细节，无法弥补它可能提供的指导，就无法具体化。
There is one transcendant advantage belonging to the province of the State governments, which alone suffices to place the matter in a clear and satisfactory light,--I mean the ordinary administration of criminal and civil justice.
州政府有一个超越性的优势，仅此一项就足以使问题得到明确和令人满意的解决，我指的是刑事和民事司法的普通管理。
This, of all others, is the most powerful, most universal, and most attractive source of popular obedience and attachment.
这是最有力、最普遍、最有吸引力的民众服从和依恋的来源。
It is that which, being the immediate and visible guardian of life and property, having its benefits and its terrors in constant activity before the public eye, regulating all those personal interests and familiar concerns to which the sensibility of individuals is more immediately awake, contributes, more than any other circumstance, to impressing upon the minds of the people, affection, esteem, and reverence towards the government.
它是生命和财产的直接和可见的守护者，它的利益和恐惧在公众眼前不断活动，调节着个人的敏感性更直接觉醒的所有个人利益和熟悉的关切，它比任何其他情况都更有助于在人民心中留下对政府的喜爱、尊重和敬畏。
This great cement of society, which will diffuse itself almost wholly through the channels of the particular governments, independent of all other causes of influence, would insure them so decided an empire over their respective citizens as to render them at all times a complete counterpoise, and, not unfrequently, dangerous rivals to the power of the Union.
这种社会的巨大粘合剂几乎完全通过特定政府的渠道扩散，不受所有其他影响因素的影响，将确保它们对各自的公民建立一个帝国，使它们始终成为联邦权力的完全制衡者，并且常常成为危险的竞争对手。
The operations of the national government, on the other hand, falling less immediately under the observation of the mass of the citizens, the benefits derived from it will chiefly be perceived and attended to by speculative men.
另一方面，国家政府的运作不太直接受到公民大众的监督，从中获得的利益主要被投机者感知和关注。
Relating to more general interests, they will be less apt to come home to the feelings of the people; and, in proportion, less likely to inspire an habitual sense of obligation, and an active sentiment of attachment.
对于更普遍的利益，他们就不太容易了解人民的感受；而且，按比例来说，不太可能激发习惯性的义务感和积极的依恋情感。
The reasoning on this head has been abundantly exemplified by the experience of all federal constitutions with which we are acquainted, and of all others which have borne the least analogy to them.
我们所熟悉的所有联邦宪法以及与这些宪法最没有相似之处的所有其他宪法的经验都充分证明了这一点的推理。
Though the ancient feudal systems were not, strictly speaking, confederacies, yet they partook of the nature of that species of association.
尽管严格来说，古代封建制度并不是联盟，但它们具有这种联合的性质。
There was a common head, chieftain, or sovereign, whose authority extended over the whole nation; and a number of subordinate vassals, or feudatories, who had large portions of land allotted to them, and numerous trains of INFERIOR vassals or retainers, who occupied and cultivated that land upon the tenure of fealty or obedience, to the persons of whom they held it.
有一个共同的元首、酋长或君主，其权威遍及整个国家。还有一些下级封臣或封臣，他们拥有分配给他们的大部分土地，以及许多下级封臣或家臣，他们根据对他们所拥有土地的人的忠诚或服从而占领和耕种土地。
Each principal vassal was a kind of sovereign, within his particular demesnes.
每个主要封臣在其特定的领地内都是一种主权者。
The consequences of this situation were a continual opposition to authority of the sovereign, and frequent wars between the great barons or chief feudatories themselves.
这种情况的后果是对君主权威的持续反对，以及大贵族或主要封建领之间的频繁战争。
The power of the head of the nation was commonly too weak, either to preserve the public peace, or to protect the people against the oppressions of their immediate lords.
国家元首的权力通常太弱，无法维护公共和平，也无法保护人民免受直系领主的压迫。
This period of European affairs is emphatically styled by historians, the times of feudal anarchy.
历史学家强调这一时期的欧洲事务是封建无政府状态的时期。
When the sovereign happened to be a man of vigorous and warlike temper and of superior abilities, he would acquire a personal weight and influence, which answered, for the time, the purpose of a more regular authority.
当君主恰好是一个脾气暴躁、好战、能力超群的人时，他就会获得个人的影响力和影响力，这在当时就满足了更正规的权威的目的。
But in general, the power of the barons triumphed over that of the prince; and in many instances his dominion was entirely thrown off, and the great fiefs were erected into independent principalities or States.
但总的来说，贵族的权力战胜了王子的权力。在许多情况下，他的统治被完全抛弃，大封地被建立为独立的公国或国家。
In those instances in which the monarch finally prevailed over his vassals, his success was chiefly owing to the tyranny of those vassals over their dependents.
在君主最终战胜其封臣的情况下，他的成功主要归功于这些封臣对其臣民的暴政。
The barons, or nobles, equally the enemies of the sovereign and the oppressors of the common people, were dreaded and detested by both; till mutual danger and mutual interest effected a union between them fatal to the power of the aristocracy.
男爵或贵族，既是君主的敌人，又是平民百姓的压迫者，为双方所畏惧和憎恶。直到相互的危险和共同的利益使他们之间结成联盟，这对贵族的权力来说是致命的。
Had the nobles, by a conduct of clemency and justice, preserved the fidelity and devotion of their retainers and followers, the contests between them and the prince must almost always have ended in their favor, and in the abridgment or subversion of the royal authority.
如果贵族们能够通过仁慈和正义的行为，保持他们的扈从和追随者的忠诚和忠诚，那么他们与王子之间的竞争几乎总是以对他们有利的方式结束，并以削弱或颠覆王权而告终。
This is not an assertion founded merely in speculation or conjecture.
这并不是仅仅基于推测或猜想的断言。
Among other illustrations of its truth which might be cited, Scotland will furnish a cogent example.
在可以引用的其他说明其真相的例子中，苏格兰将提供一个令人信服的例子。
The spirit of clanship which was, at an early day, introduced into that kingdom, uniting the nobles and their dependants by ties equivalent to those of kindred, rendered the aristocracy a constant overmatch for the power of the monarch, till the incorporation with England subdued its fierce and ungovernable spirit, and reduced it within those rules of subordination which a more rational and more energetic system of civil polity had previously established in the latter kingdom.
氏族精神很早就被引入了这个王国，通过相当于亲属的纽带将贵族及其附属者团结起来，使贵族始终能够战胜君主的权力，直到与英格兰的合并制服了它的凶猛和难以驾驭的精神，并将其降低到了先前在后者王国中建立的更理性和更有活力的公民政体体系的从属规则之内。
The separate governments in a confederacy may aptly be compared with the feudal baronies; with this advantage in their favor, that from the reasons already explained, they will generally possess the confidence and good-will of the people, and with so important a support, will be able effectually to oppose all encroachments of the national government.
邦联中的各个政府可以恰当地与封建贵族领地进行比较。有了对他们有利的这一优势，即从已经解释的原因来看，他们将普遍获得人民的信任和善意，并在如此重要的支持下，将能够有效地反对中央政府的一切侵犯。
It will be well if they are not able to counteract its legitimate and necessary authority.
如果他们不能对抗其合法和必要的权威就好了。
The points of similitude consist in the rivalship of power, applicable to both, and in the CONCENTRATION of large portions of the strength of the community into particular DEPOSITORIES, in one case at the disposal of individuals, in the other case at the disposal of political bodies.
相似之处在于权力的竞争，适用于两者，以及将社会的大部分力量集中到特定的存款人中，在一种情况下由个人支配，在另一种情况下由政治机构支配。
A concise review of the events that have attended confederate governments will further illustrate this important doctrine; an inattention to which has been the great source of our political mistakes, and has given our jealousy a direction to the wrong side.
对参加邦联政府的事件的简要回顾将进一步说明这一重要学说；对这一点的忽视是我们政治错误的重要根源，并使我们的嫉妒走向了错误的方向。
This review shall form the subject of some ensuing papers.
这篇评论将成为后续一些论文的主题。
PUBLIUS
普布利乌斯
FEDERALIST No. 18
联邦党人 18 号
The Same Subject Continued (The Insufficiency of the Present Confederation to Preserve the Union) For the New York Packet.
纽约邮报继续讨论同一主题（当前联邦不足以维护联邦）。
Friday, December 7, 1787
1787 年 12 月 7 日，星期五
MADISON, with HAMILTON
麦迪逊与汉密尔顿
To the People of the State of New York:
致纽约州人民：
AMONG the confederacies of antiquity, the most considerable was that of the Grecian republics, associated under the Amphictyonic council.
在古代的联盟中，规模最大的是希腊各共和国，隶属近邻理事会。
From the best accounts transmitted of this celebrated institution, it bore a very instructive analogy to the present Confederation of the American States.
从有关这一著名机构的最佳记载来看，它与现在的美洲国家邦联有着非常有启发性的类比。
The members retained the character of independent and sovereign states, and had equal votes in the federal council.
成员保留独立主权国家的性质，并在联邦委员会中拥有平等的投票权。
This council had a general authority to propose and resolve whatever it judged necessary for the common welfare of Greece; to declare and carry on war; to decide, in the last resort, all controversies between the members; to fine the aggressing party; to employ the whole force of the confederacy against the disobedient; to admit new members.
该委员会拥有总体权力，可以提议和解决其认为对希腊共同福利必要的任何事项；宣战并进行战争；作为最后手段解决成员之间的所有争议；对攻击方处以罚款；运用联盟的全部力量来对付不服从的人；接纳新成员。
The Amphictyons were the guardians of religion, and of the immense riches belonging to the temple of Delphos, where they had the right of jurisdiction in controversies between the inhabitants and those who came to consult the oracle.
近邻是宗教的守护者，也是德尔福斯神庙巨大财富的守护者，他们有权对德尔福斯神庙的居民和前来咨询神谕的人之间的争议拥有管辖权。
As a further provision for the efficacy of the federal powers, they took an oath mutually to defend and protect the united cities, to punish the violators of this oath, and to inflict vengeance on sacrilegious despoilers of the temple.
作为联邦权力效力的进一步规定，他们共同宣誓保卫和保护联合城市，惩罚违反誓言的人，并对亵渎圣殿的掠夺者进行报复。
In theory, and upon paper, this apparatus of powers seems amply sufficient for all general purposes.
从理论上和纸面上看，这种权力机构似乎足以满足所有一般目的。
In several material instances, they exceed the powers enumerated in the articles of confederation.
在一些重大实例中，它们超出了邦联条款中列举的权力。
The Amphictyons had in their hands the superstition of the times, one of the principal engines by which government was then maintained; they had a declared authority to use coercion against refractory cities, and were bound by oath to exert this authority on the necessary occasions.
近邻同盟掌握着时代的迷信，这是当时维持政府的主要动力之一。他们有公开的权力对顽固的城市使用强制手段，并且必须发誓在必要的场合行使这一权力。
Very different, nevertheless, was the experiment from the theory.
然而，实验与理论有很大不同。
The powers, like those of the present Congress, were administered by deputies appointed wholly by the cities in their political capacities; and exercised over them in the same capacities.
这些权力，就像本届国会的权力一样，由完全由各城市以其政治能力任命的代表行使。并以同样的能力对他们进行锻炼。
Hence the weakness, the disorders, and finally the destruction of the confederacy.
因此，联邦变得虚弱、混乱，并最终遭到毁灭。
The more powerful members, instead of being kept in awe and subordination, tyrannized successively over all the rest.
较有权势的成员非但没有受到敬畏和从属，反而相继对其他成员施暴。
Athens, as we learn from Demosthenes, was the arbiter of Greece seventy-three years.
正如我们从德摩斯梯尼那里得知的那样，雅典担任希腊的仲裁者长达七十三年。
The Lacedaemonians next governed it twenty-nine years; at a subsequent period, after the battle of Leuctra, the Thebans had their turn of domination.
接下来，拉栖代梦人统治了它二十九年。在随后的时期，在留克特拉战役之后，底比斯人占据了统治地位。
It happened but too often, according to Plutarch, that the deputies of the strongest cities awed and corrupted those of the weaker; and that judgment went in favor of the most powerful party.
根据普鲁塔克的说法，最强大城市的代表们常常会敬畏并腐蚀较弱城市的代表。这一判决有利于最有权势的一方。
Even in the midst of defensive and dangerous wars with Persia and Macedon, the members never acted in concert, and were, more or fewer of them, eternally the dupes or the hirelings of the common enemy.
即使在与波斯和马其顿的防御性和危险的战争中，成员们也从未一致行动，并且或多或少地永远是共同敌人的受骗者或雇佣兵。
The intervals of foreign war were filled up by domestic vicissitudes convulsions, and carnage.
对外战争的间隙被国内的变迁、动乱和屠杀所填满。
After the conclusion of the war with Xerxes, it appears that the Lacedaemonians required that a number of the cities should be turned out of the confederacy for the unfaithful part they had acted.
与薛西斯的战争结束后，拉栖代梦人似乎要求将一些城市从联盟中剔除，因为他们的行为不忠。
The Athenians, finding that the Lacedaemonians would lose fewer partisans by such a measure than themselves, and would become masters of the public deliberations, vigorously opposed and defeated the attempt.
雅典人发现，通过这种措施，拉栖代梦人会失去比他们自己更少的游击队员，并且会成为公众审议的主人，因此强烈反对并挫败了这一企图。
This piece of history proves at once the inefficiency of the union, the ambition and jealousy of its most powerful members, and the dependent and degraded condition of the rest.
这段历史立刻证明了工会的低效率、其最有权势成员的野心和嫉妒，以及其他成员的依赖和堕落状况。
The smaller members, though entitled by the theory of their system to revolve in equal pride and majesty around the common center, had become, in fact, satellites of the orbs of primary magnitude.
较小的成员，虽然按照其系统理论有权以同样的骄傲和威严围绕共同中心旋转，但事实上，它们已经成为初级星等球体的卫星。
Had the Greeks, says the Abbe Milot, been as wise as they were courageous, they would have been admonished by experience of the necessity of a closer union, and would have availed themselves of the peace which followed their success against the Persian arms, to establish such a reformation.
米洛神父说，如果希腊人既聪明又勇敢，他们就会因经验而警醒，认识到建立更紧密联盟的必要性，并会利用他们成功对抗波斯军队后的和平来进行这样的改革。
Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes.
雅典和斯巴达并没有采取这种明显的政策，而是因他们所获得的胜利和荣耀而膨胀，首先成为竞争对手，然后成为敌人。他们互相造成的伤害比薛西斯所受的伤害还要多得多。
Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun it.
他们相互之间的嫉妒、恐惧、仇恨和伤害在著名的伯罗奔尼撒战争中结束了。它本身以发起它的雅典人的毁灭和奴役而告终。
As a weak government, when not at war, is ever agitated by internal dissentions, so these never fail to bring on fresh calamities from abroad.
正如一个软弱的政府，在非战争时期，总是会因内部纷争而激动不已，因此，这些纷争总是会从国外带来新的灾难。
The Phocians having ploughed up some consecrated ground belonging to the temple of Apollo, the Amphictyonic council, according to the superstition of the age, imposed a fine on the sacrilegious offenders.
福基亚人犁出了一些属于阿波罗神庙的神圣土地，根据当时的迷信，近邻议会对亵渎者处以罚款。
The Phocians, being abetted by Athens and Sparta, refused to submit to the decree.
福西亚人在雅典和斯巴达的怂恿下拒绝服从这项法令。
The Thebans, with others of the cities, undertook to maintain the authority of the Amphictyons, and to avenge the violated god.
底比斯人和其他城市一起致力于维护近邻的权威，并向被侵犯的神复仇。
The latter, being the weaker party, invited the assistance of Philip of Macedon, who had secretly fostered the contest.
后者作为弱势一方，邀请了秘密促成这场竞赛的马其顿国王腓力的援助。
Philip gladly seized the opportunity of executing the designs he had long planned against the liberties of Greece.
菲利普很高兴地抓住了这个机会，执行了他长期以来策划的反对希腊自由的计划。
By his intrigues and bribes he won over to his interests the popular leaders of several cities; by their influence and votes, gained admission into the Amphictyonic council; and by his arts and his arms, made himself master of the confederacy.
通过他的阴谋和贿赂，他赢得了几个城市的民众领袖的支持。凭借他们的影响力和选票，获准加入近邻理事会；并凭借他的艺术和武力，使自己成为联盟的主人。
Such were the consequences of the fallacious principle on which this interesting establishment was founded.
这就是这个有趣的机构所依据的错误原则所造成的后果。
Had Greece, says a judicious observer on her fate, been united by a stricter confederation, and persevered in her union, she would never have worn the chains of Macedon; and might have proved a barrier to the vast projects of Rome.
一位明智的命运观察家说，如果希腊由一个更严格的联邦联合起来，并坚持其联盟，她就永远不会戴上马其顿的锁链；并可能成为罗马庞大工程的障碍。
The Achaean league, as it is called, was another society of Grecian republics, which supplies us with valuable instruction.
所谓的亚该亚联盟是希腊共和国的另一个社团，它为我们提供了宝贵的指导。
The Union here was far more intimate, and its organization much wiser, than in the preceding instance.
与前一个例子相比，这里的联盟更加亲密，其组织也更加明智。
It will accordingly appear, that though not exempt from a similar catastrophe, it by no means equally deserved it.
因此，尽管不能避免类似的灾难，但它绝不是同样应得的。
The cities composing this league retained their municipal jurisdiction, appointed their own officers, and enjoyed a perfect equality.
组成这个联盟的城市保留了自己的市政管辖权，任命了自己的官员，并享有完全的平等。
The senate, in which they were represented, had the sole and exclusive right of peace and war; of sending and receiving ambassadors; of entering into treaties and alliances; of appointing a chief magistrate or praetor, as he was called, who commanded their armies, and who, with the advice and consent of ten of the senators, not only administered the government in the recess of the senate, but had a great share in its deliberations, when assembled.
他们所代表的元老院拥有唯一的和平与战争的权利。派遣和接待大使；缔结条约和联盟；任命一位首席地方法官或执政官（他被称为），指挥他们的军队，并在十位元老的建议和同意下，不仅在元老院休会期间管理政府，而且在元老院开会时参与审议。
According to the primitive constitution, there were two praetors associated in the administration; but on trial a single one was preferred.
根据原始宪法，有两名执政官参与行政管理；但在试验中，人们更倾向于选择单一的。
It appears that the cities had all the same laws and customs, the same weights and measures, and the same money.
看来这些城市都有相同的法律和习俗、相同的度量衡和相同的货币。
But how far this effect proceeded from the authority of the federal council is left in uncertainty.
但这种影响在多大程度上偏离了联邦委员会的权威，仍存在不确定性。
It is said only that the cities were in a manner compelled to receive the same laws and usages.
据说只是城市在某种程度上被迫接受相同的法律和惯例。
When Lacedaemon was brought into the league by Philopoemen, it was attended with an abolition of the institutions and laws of Lycurgus, and an adoption of those of the Achaeans.
当拉栖代梦被菲洛波门纳入同盟时，莱库古的制度和法律被废除，并采用了亚该亚人的制度和法律。
The Amphictyonic confederacy, of which she had been a member, left her in the full exercise of her government and her legislation.
她曾是近邻同盟的成员，这让她可以充分行使政府和立法权。
This circumstance alone proves a very material difference in the genius of the two systems.
仅此一种情况就证明了两个系统的天才之间存在着非常重大的差异。
It is much to be regretted that such imperfect monuments remain of this curious political fabric.
令人非常遗憾的是，在这个奇怪的政治结构中留下了如此不完美的纪念碑。
Could its interior structure and regular operation be ascertained, it is probable that more light would be thrown by it on the science of federal government, than by any of the like experiments with which we are acquainted.
如果能够确定它的内部结构和正常运作，那么它很可能比我们所熟悉的任何类似实验对联邦政府的科学有更多的启发。
One important fact seems to be witnessed by all the historians who take notice of Achaean affairs.
所有关注亚该亚事务的历史学家似乎都见证了一个重要事实。
It is, that as well after the renovation of the league by Aratus, as before its dissolution by the arts of Macedon, there was infinitely more of moderation and justice in the administration of its government, and less of violence and sedition in the people, than were to be found in any of the cities exercising SINGLY all the prerogatives of sovereignty.
事实是，无论是在阿拉图斯革新联盟之后，还是在马其顿的艺术解散联盟之前，与任何单独行使主权特权的城市相比，其政府的管理都更加温和和公正，人民的暴力和叛乱也更少。
The Abbe Mably, in his observations on Greece, says that the popular government, which was so tempestuous elsewhere, caused no disorders in the members of the Achaean republic, BECAUSE IT WAS THERE TEMPERED BY THE GENERAL AUTHORITY AND LAWS OF THE CONFEDERACY.
马布利神父在他对希腊的观察中说，在其他地方如此暴躁的人民政府并没有在亚该亚共和国的成员中引起骚乱，因为它受到了联邦的一般权力和法律的调节。
We are not to conclude too hastily, however, that faction did not, in a certain degree, agitate the particular cities; much less that a due subordination and harmony reigned in the general system.
然而，我们不要太仓促地得出结论，该派系并没有在某种程度上激怒特定的城市；更不用说在整个体系中存在适当的从属关系和和谐关系了。
The contrary is sufficiently displayed in the vicissitudes and fate of the republic.
相反的情况在共和国的沧桑和命运中得到了充分的体现。
Whilst the Amphictyonic confederacy remained, that of the Achaeans, which comprehended the less important cities only, made little figure on the theatre of Greece.
虽然近邻同盟仍然存在，但亚该亚同盟只包括不太重要的城市，在希腊战场上几乎没有什么影响。
When the former became a victim to Macedon, the latter was spared by the policy of Philip and Alexander.
当前者成为马其顿的牺牲品时，后者则因腓力和亚历山大的政策而幸免。
Under the successors of these princes, however, a different policy prevailed.
然而，在这些王子的继任者的统治下，却采取了不同的政策。
The arts of division were practiced among the Achaeans.
亚该亚人实行分裂的艺术。
Each city was seduced into a separate interest; the union was dissolved.
每个城市都被各自的利益所吸引。工会被解散。
Some of the cities fell under the tyranny of Macedonian garrisons; others under that of usurpers springing out of their own confusions.
一些城市陷入了马其顿驻军的暴政之下；另一些则处于篡位者的统治之下，他们是出于自己的困惑而涌现的。
Shame and oppression erelong awaken their love of liberty.
羞耻和压迫很快唤醒了他们对自由的热爱。
A few cities reunited.
一些城市重新统一。
Their example was followed by others, as opportunities were found of cutting off their tyrants.
他们的榜样被其他人效仿，因为他们找到了斩断暴君的机会。
The league soon embraced almost the whole Peloponnesus.
联盟很快几乎涵盖了整个伯罗奔尼撒半岛。
Macedon saw its progress; but was hindered by internal dissensions from stopping it.
马其顿看到了它的进步；但因内部分歧而未能阻止。
All Greece caught the enthusiasm and seemed ready to unite in one confederacy, when the jealousy and envy in Sparta and Athens, of the rising glory of the Achaeans, threw a fatal damp on the enterprise.
当斯巴达和雅典对亚该亚人日渐辉煌的嫉妒和妒忌对这一事业造成致命打击时，整个希腊都感受到了热情，似乎准备团结成一个联盟。
The dread of the Macedonian power induced the league to court the alliance of the Kings of Egypt and Syria, who, as successors of Alexander, were rivals of the king of Macedon.
对马其顿势力的恐惧促使该联盟寻求埃及和叙利亚国王的联盟，这两个国王作为亚历山大的继承者，是马其顿国王的竞争对手。
This policy was defeated by Cleomenes, king of Sparta, who was led by his ambition to make an unprovoked attack on his neighbors, the Achaeans, and who, as an enemy to Macedon, had interest enough with the Egyptian and Syrian princes to effect a breach of their engagements with the league.
这项政策被斯巴达国王克莱奥米尼斯击败，他的野心是无端攻击邻国亚该亚人，而且作为马其顿的敌人，他与埃及和叙利亚诸侯有足够的兴趣，以至于破坏了他们与联盟的约定。
The Achaeans were now reduced to the dilemma of submitting to Cleomenes, or of supplicating the aid of Macedon, its former oppressor.
亚该亚人现在陷入了两难境地：要么屈服于克里昂米尼，要么请求其前压迫者马其顿的援助。
The latter expedient was adopted.
采用了后一种权宜之计。
The contests of the Greeks always afforded a pleasing opportunity to that powerful neighbor of intermeddling in their affairs.
希腊人的竞争总是为这个强大的邻国提供了干涉他们事务的好机会。
A Macedonian army quickly appeared.
马其顿军队很快出现。
Cleomenes was vanquished.
克里奥米尼被击败。
The Achaeans soon experienced, as often happens, that a victorious and powerful ally is but another name for a master.
亚该亚人很快就体会到，正如经常发生的那样，一个胜利而强大的盟友只不过是主人的另一个名字。
All that their most abject compliances could obtain from him was a toleration of the exercise of their laws.
他们从他那里所能得到的只是对执行他们的法律的容忍。
Philip, who was now on the throne of Macedon, soon provoked by his tyrannies, fresh combinations among the Greeks.
腓力此时已登上马其顿王位，他的暴政很快就激怒了希腊人之间的新联合。
The Achaeans, though weakened by internal dissensions and by the revolt of Messene, one of its members, being joined by the AEtolians and Athenians, erected the standard of opposition.
亚该亚人虽然因内部纷争和其成员之一梅塞尼的叛乱而受到削弱，但在埃托利亚人和雅典人的加入下，亚该亚人竖起了反对的旗帜。
Finding themselves, though thus supported, unequal to the undertaking, they once more had recourse to the dangerous expedient of introducing the succor of foreign arms.
他们发现自己虽然得到了这样的支持，但无力承担这项任务，因此再次采取危险的权宜之计，引入外国武器的援助。
The Romans, to whom the invitation was made, eagerly embraced it.
收到邀请的罗马人热切地接受了。
Philip was conquered; Macedon subdued.
腓力被征服了。马其顿被制服。
A new crisis ensued to the league.
联盟陷入了新的危机。
Dissensions broke out among it members.
其成员之间爆发了分歧。
These the Romans fostered.
这些是罗马人培育的。
Callicrates and other popular leaders became mercenary instruments for inveigling their countrymen.
卡利克拉特和其他受欢迎的领导人成为了欺骗同胞的雇佣工具。
The more effectually to nourish discord and disorder the Romans had, to the astonishment of those who confided in their sincerity, already proclaimed universal liberty(1) throughout Greece.
罗马人更有效地助长了不和和混乱，令那些相信他们的诚意的人感到惊讶的是，罗马人已经在整个希腊宣布了普遍自由(1)。
With the same insidious views, they now seduced the members from the league, by representing to their pride the violation it committed on their sovereignty.
带着同样阴险的观点，他们现在引诱联盟成员，通过向他们展示联盟对他们主权的侵犯来提高他们的自豪感。
By these arts this union, the last hope of Greece, the last hope of ancient liberty, was torn into pieces; and such imbecility and distraction introduced, that the arms of Rome found little difficulty in completing the ruin which their arts had commenced.
通过这些手段，这个联盟，希腊最后的希望，古代自由的最后希望，被撕成了碎片。由于这种愚蠢和分散注意力的行为，罗马军队毫不费力地完成了他们的艺术所开始的毁灭。
The Achaeans were cut to pieces, and Achaia loaded with chains, under which it is groaning at this hour.
亚该亚人被砍成碎片，亚该亚人则背负着铁链，此时它正在铁链下呻吟。
I have thought it not superfluous to give the outlines of this important portion of history; both because it teaches more than one lesson, and because, as a supplement to the outlines of the Achaean constitution, it emphatically illustrates the tendency of federal bodies rather to anarchy among the members, than to tyranny in the head.
我认为对历史的这一重要部分进行概述并不是多余的。一方面因为它教导了不止一个教训，另一方面因为作为亚该亚宪法大纲的补充，它强调说明了联邦机构的倾向，而不是成员之间的无政府状态，而不是头脑中的暴政。
PUBLIUS
普布利乌斯
1.
1.
This was but another name more specious for the independence of the members on the federal head.
这只是联邦首脑成员独立性的另一个更似是而非的名称。
FEDERALIST No. 19
联邦党人第19号
The Same Subject Continued (The Insufficiency of the Present Confederation to Preserve the Union)
同一主题继续（当前联邦不足以维护联邦）
For the Independent Journal.
对于独立杂志。
Saturday, December 8, 1787
1787 年 12 月 8 日，星期六
MADISON, with HAMILTON
麦迪逊与汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE examples of ancient confederacies, cited in my last paper, have not exhausted the source of experimental instruction on this subject.
我在上一篇论文中引用的古代联盟的例子并没有穷尽关于这个主题的实验指导的来源。
There are existing institutions, founded on a similar principle, which merit particular consideration.
有一些基于类似原则的现有机构值得特别考虑。
The first which presents itself is the Germanic body.
首先出现的是日耳曼人的身体。
In the early ages of Christianity, Germany was occupied by seven distinct nations, who had no common chief.
在基督教的早期，德国被七个不同的民族占领，这些民族没有共同的酋长。
The Franks, one of the number, having conquered the Gauls, established the kingdom which has taken its name from them.
法兰克人是其中之一，征服了高卢人，建立了一个以他们的名字命名的王国。
In the ninth century Charlemagne, its warlike monarch, carried his victorious arms in every direction; and Germany became a part of his vast dominions.
九世纪的查理曼大帝，这位好战的君主，向四面八方挥舞着胜利的双臂。德国成为他广阔领土的一部分。
On the dismemberment, which took place under his sons, this part was erected into a separate and independent empire.
在他的儿子们的统治下，这一部分被肢解，建立了一个独立的帝国。
Charlemagne and his immediate descendants possessed the reality, as well as the ensigns and dignity of imperial power.
查理曼及其直系后裔拥有现实，也拥有皇权的旗帜和尊严。
But the principal vassals, whose fiefs had become hereditary, and who composed the national diets which Charlemagne had not abolished, gradually threw off the yoke and advanced to sovereign jurisdiction and independence.
但主要封臣的封地已成为世袭，并制定了查理曼大帝尚未废除的国民议会，他们逐渐摆脱了枷锁，取得了主权管辖和独立。
The force of imperial sovereignty was insufficient to restrain such powerful dependants; or to preserve the unity and tranquillity of the empire.
帝国主权的力量不足以约束如此强大的附庸；或者维护帝国的统一与安宁。
The most furious private wars, accompanied with every species of calamity, were carried on between the different princes and states.
诸侯国之间发生着最激烈的私人战争，并伴随着各种各样的灾难。
The imperial authority, unable to maintain the public order, declined by degrees till it was almost extinct in the anarchy, which agitated the long interval between the death of the last emperor of the Suabian, and the accession of the first emperor of the Austrian lines.
帝国的权威无法维持公共秩序，在无政府状态中逐渐衰落，直至几乎灭绝，这使得苏阿比亚最后一位皇帝去世与奥地利系第一位皇帝即位之间的漫长间隔变得焦躁不安。
In the eleventh century the emperors enjoyed full sovereignty: In the fifteenth they had little more than the symbols and decorations of power.
在十一世纪，皇帝享有完全的主权：在十五世纪，他们除了权力的象征和装饰之外就没有什么其他的了。
Out of this feudal system, which has itself many of the important features of a confederacy, has grown the federal system which constitutes the Germanic empire.
从这种本身具有邦联制的许多重要特征的封建制度中，发展出了构成日耳曼帝国的联邦制度。
Its powers are vested in a diet representing the component members of the confederacy; in the emperor, who is the executive magistrate, with a negative on the decrees of the diet; and in the imperial chamber and the aulic council, two judiciary tribunals having supreme jurisdiction in controversies which concern the empire, or which happen among its members.
其权力归属于代表邦联组成成员的议会；在皇帝，谁是行政长官，对饮食法令有否定权；皇家会议厅和奥利克议会是两个司法法庭，对涉及帝国或帝国成员之间发生的争议拥有最高管辖权。
The diet possesses the general power of legislating for the empire; of making war and peace; contracting alliances; assessing quotas of troops and money; constructing fortresses; regulating coin; admitting new members; and subjecting disobedient members to the ban of the empire, by which the party is degraded from his sovereign rights and his possessions forfeited.
议会拥有为帝国立法的一般权力；制造战争与和平；缔结联盟；评估部队和资金配额；建造堡垒；监管硬币；接纳新会员；并将不服从的成员置于帝国的禁令之下，该党的主权权利将被削弱，财产将被没收。
The members of the confederacy are expressly restricted from entering into compacts prejudicial to the empire; from imposing tolls and duties on their mutual intercourse, without the consent of the emperor and diet; from altering the value of money; from doing injustice to one another; or from affording assistance or retreat to disturbers of the public peace.
联邦成员被明确禁止签订有损帝国的契约；未经皇帝和国会同意，不得对他们的相互往来征收费用和关税；改变货币的价值；避免互相不公正；或向扰乱公共治安的人提供援助或撤退。
And the ban is denounced against such as shall violate any of these restrictions.
违反任何这些限制的人都会受到该禁令的谴责。
The members of the diet, as such, are subject in all cases to be judged by the emperor and diet, and in their private capacities by the aulic council and imperial chamber.
因此，国会成员在任何情况下都接受皇帝和国会的审判，并以私人身份接受奥利克会议和皇室的审判。
The prerogatives of the emperor are numerous.
皇帝的特权很多。
The most important of them are: his exclusive right to make propositions to the diet; to negative its resolutions; to name ambassadors; to confer dignities and titles; to fill vacant electorates; to found universities; to grant privileges not injurious to the states of the empire; to receive and apply the public revenues; and generally to watch over the public safety.
其中最重要的是：他对饮食提出建议的专有权利；否决其决议；任命大使；授予尊严和头衔；填补空缺选民；创办大学；授予不损害帝国各州的特权；接收和使用公共收入；一般是为了监视公共安全。
In certain cases, the electors form a council to him.
在某些情况下，选民会为他组成一个委员会。
In quality of emperor, he possesses no territory within the empire, nor receives any revenue for his support.
以皇帝的身份来说，他在帝国境内没有领土，也没有任何收入来供养他。
But his revenue and dominions, in other qualities, constitute him one of the most powerful princes in Europe.
但他的收入和领土，在其他方面，使他成为欧洲最有权势的王子之一。
From such a parade of constitutional powers, in the representatives and head of this confederacy, the natural supposition would be, that it must form an exception to the general character which belongs to its kindred systems.
从这样的宪法权力游行中，在这个联盟的代表和首脑中，自然的假设是，它必须形成属于其同类制度的一般特征的例外。
Nothing would be further from the reality.
没有什么比现实更遥远的了。
The fundamental principle on which it rests, that the empire is a community of sovereigns, that the diet is a representation of sovereigns and that the laws are addressed to sovereigns, renders the empire a nerveless body, incapable of regulating its own members, insecure against external dangers, and agitated with unceasing fermentations in its own bowels.
其所依据的基本原则是，帝国是主权者的共同体，饮食是主权者的代表，法律是针对主权者的，这使得帝国成为一个无力的机构，无法管理自己的成员，对外部危险缺乏安全感，并且因内部不断发酵而焦躁不安。
The history of Germany is a history of wars between the emperor and the princes and states; of wars among the princes and states themselves; of the licentiousness of the strong, and the oppression of the weak; of foreign intrusions, and foreign intrigues; of requisitions of men and money disregarded, or partially complied with; of attempts to enforce them, altogether abortive, or attended with slaughter and desolation, involving the innocent with the guilty; of general imbecility, confusion, and misery.
德国的历史就是一部皇帝与诸侯国之间的战争史；诸侯和国家之间的战争；强者的放荡，弱者的压迫；外国入侵和外国阴谋；人员和金钱的请求被忽视或部分得到遵守；强制执行它们的尝试，要么完全失败，要么伴随着屠杀和荒凉，涉及无辜者和有罪者；普遍的低能、混乱和痛苦。
In the sixteenth century, the emperor, with one part of the empire on his side, was seen engaged against the other princes and states.
在十六世纪，皇帝与帝国的一部分站在他一边，与其他诸侯和国家交战。
In one of the conflicts, the emperor himself was put to flight, and very near being made prisoner by the elector of Saxony.
在其中一场冲突中，皇帝本人被逃亡，并差点被萨克森选帝侯俘虏。
The late king of Prussia was more than once pitted against his imperial sovereign; and commonly proved an overmatch for him.
已故的普鲁士国王不止一次与他的帝国君主发生冲突。并且通常被证明是他的对手。
Controversies and wars among the members themselves have been so common, that the German annals are crowded with the bloody pages which describe them.
成员之间的争论和战争如此普遍，以至于德国编年史中充斥着描述这些事件的血腥篇章。
Previous to the peace of Westphalia, Germany was desolated by a war of thirty years, in which the emperor, with one half of the empire, was on one side, and Sweden, with the other half, on the opposite side.
在威斯特伐利亚和约之前，德国经历了一场长达三十年的战争，一片荒凉，皇帝带着一半的帝国站在一边，瑞典则带着另一半帝国站在另一边。
Peace was at length negotiated, and dictated by foreign powers; and the articles of it, to which foreign powers are parties, made a fundamental part of the Germanic constitution.
和平最终是由外国势力通过谈判达成的。外国势力参与其中的条款成为日耳曼宪法的基本组成部分。
If the nation happens, on any emergency, to be more united by the necessity of self-defense, its situation is still deplorable.
如果国家在任何紧急情况下碰巧因自卫的需要而更加团结，其处境仍然是悲惨的。
Military preparations must be preceded by so many tedious discussions, arising from the jealousies, pride, separate views, and clashing pretensions of sovereign bodies, that before the diet can settle the arrangements, the enemy are in the field; and before the federal troops are ready to take it, are retiring into winter quarters.
在军事准备之前，必须进行许多乏味的讨论，这些讨论是由于主权机构的嫉妒、骄傲、不同观点和相互冲突的自命不凡而引起的，以至于在国会确定安排之前，敌人就已经在战场上；在联邦军队准备好接受之前，他们正在撤退到冬季营地。
The small body of national troops, which has been judged necessary in time of peace, is defectively kept up, badly paid, infected with local prejudices, and supported by irregular and disproportionate contributions to the treasury.
这支小规模的国家军队被认为是和平时期所必需的，但其维持有缺陷，工资低，受到当地偏见的影响，并且由不合规且不成比例的国库捐款支持。
The impossibility of maintaining order and dispensing justice among these sovereign subjects, produced the experiment of dividing the empire into nine or ten circles or districts; of giving them an interior organization, and of charging them with the military execution of the laws against delinquent and contumacious members.
由于不可能在这些主权臣民之间维持秩序和伸张正义，因此产生了将帝国划分为九个或十个圆圈或地区的实验；给他们一个内部组织，并责成他们对违法和叛逆的成员进行军事执法。
This experiment has only served to demonstrate more fully the radical vice of the constitution.
这个实验只是更充分地证明了宪法的根本恶习。
Each circle is the miniature picture of the deformities of this political monster.
每个圆圈都是这个政治怪物畸形的缩影。
They either fail to execute their commissions, or they do it with all the devastation and carnage of civil war.
他们要么未能执行任务，要么在内战的破坏和屠杀中完成任务。
Sometimes whole circles are defaulters; and then they increase the mischief which they were instituted to remedy.
有时整个圈子都是违约者；然后，他们增加了他们所设立的补救措施的危害。
We may form some judgment of this scheme of military coercion from a sample given by Thuanus.
我们可以从图阿努斯提供的样本中对这种军事胁迫计划做出一些判断。
In Donawerth, a free and imperial city of the circle of Suabia, the Abbe de St. Croix enjoyed certain immunities which had been reserved to him.
在苏阿比亚圈内的一座自由帝国城市多纳沃特，圣克罗伊神父享有为他保留的某些豁免权。
In the exercise of these, on some public occasions, outrages were committed on him by the people of the city.
在行使这些权力时，在一些公开场合，该市人民对他实施了愤怒的行为。
The consequence was that the city was put under the ban of the empire, and the Duke of Bavaria, though director of another circle, obtained an appointment to enforce it.
结果，这座城市被置于帝国的禁令之下，而巴伐利亚公爵虽然是另一个圈子的主管，却获得了执行禁令的任命。
He soon appeared before the city with a corps of ten thousand troops, and finding it a fit occasion, as he had secretly intended from the beginning, to revive an antiquated claim, on the pretext that his ancestors had suffered the place to be dismembered from his territory,(1) he took possession of it in his own name, disarmed, and punished the inhabitants, and reannexed the city to his domains.
他很快就带着一万大军出现在这座城市面前，他发现这是一个合适的机会，正如他从一开始就暗中打算的那样，以他的祖先遭受了从他的领土上肢解为借口，恢复了一个过时的主张，（1）他以自己的名义占领了它，解除了居民的武装，并惩罚了居民，并将这座城市重新纳入了他的领地。
It may be asked, perhaps, what has so long kept this disjointed machine from falling entirely to pieces?
也许有人会问，是什么让这台脱节的机器这么长时间没有完全崩溃？
The answer is obvious: The weakness of most of the members, who are unwilling to expose themselves to the mercy of foreign powers; the weakness of most of the principal members, compared with the formidable powers all around them; the vast weight and influence which the emperor derives from his separate and hereditary dominions; and the interest he feels in preserving a system with which his family pride is connected, and which constitutes him the first prince in Europe;--these causes support a feeble and precarious Union; whilst the repellant quality, incident to the nature of sovereignty, and which time continually strengthens, prevents any reform whatever, founded on a proper consolidation.
答案是显而易见的：大多数成员的弱点，他们不愿意让自己暴露在外国列强的摆布之下；与周围的强大力量相比，大多数主要成员的弱点；皇帝从其单独和世袭的领土中获得的巨大影响力；他对维护一个与他的家族荣誉息息相关、使他成为欧洲第一王子的制度感兴趣；——这些原因支撑着一个软弱而不稳定的联邦；然而，与主权性质有关的排斥性，随着时间的推移而不断增强，阻碍了任何建立在适当巩固基础上的改革。
Nor is it to be imagined, if this obstacle could be surmounted, that the neighboring powers would suffer a revolution to take place which would give to the empire the force and preeminence to which it is entitled.
也不能想象，如果这个障碍能够被克服，邻国就会发生一场革命，这场革命将赋予帝国应有的力量和卓越地位。
Foreign nations have long considered themselves as interested in the changes made by events in this constitution; and have, on various occasions, betrayed their policy of perpetuating its anarchy and weakness.
长期以来，外国一直认为自己对这部宪法中的事件所造成的变化感兴趣；并且在不同场合背叛了他们延续其无政府状态和软弱状态的政策。
If more direct examples were wanting, Poland, as a government over local sovereigns, might not improperly be taken notice of.
如果需要更直接的例子，波兰作为地方主权政府，可能不会受到不恰当的关注。
Nor could any proof more striking be given of the calamities flowing from such institutions.
对于这些机构所造成的灾难，也没有什么更引人注目的证据了。
Equally unfit for self-government and self-defense, it has long been at the mercy of its powerful neighbors; who have lately had the mercy to disburden it of one third of its people and territories.
它同样不适合自治和自卫，长期以来一直受到强大邻国的摆布。他们最近仁慈地免除了它三分之一的人民和领土的负担。
The connection among the Swiss cantons scarcely amounts to a confederacy; though it is sometimes cited as an instance of the stability of such institutions.
瑞士各州之间的联系几乎不等于邦联。尽管它有时被引用为此类机构稳定性的一个例子。
They have no common treasury; no common troops even in war; no common coin; no common judicatory; nor any other common mark of sovereignty.
他们没有共同的金库；即使在战争中也没有普通军队；没有普通硬币；没有共同司法机构；也没有任何其他共同的主权标志。
They are kept together by the peculiarity of their topographical position; by their individual weakness and insignificancy; by the fear of powerful neighbors, to one of which they were formerly subject; by the few sources of contention among a people of such simple and homogeneous manners; by their joint interest in their dependent possessions; by the mutual aid they stand in need of, for suppressing insurrections and rebellions, an aid expressly stipulated and often required and afforded; and by the necessity of some regular and permanent provision for accommodating disputes among the cantons.
它们由于其独特的地形位置而聚集在一起。由于他们个人的弱点和微不足道；由于对强大邻国的恐惧，他们以前曾受制于其中之一；在这样一个举止如此简单和同质的民族中，争论的根源很少；通过他们对其附属财产的共同利益；通过他们需要的互助来镇压叛乱和叛乱，这种援助是明确规定的、经常需要和提供的；以及需要制定一些定期和永久的规定来解决各州之间的争端。
The provision is, that the parties at variance shall each choose four judges out of the neutral cantons, who, in case of disagreement, choose an umpire.
该规定规定，分歧双方应各自从中立州选出四名法官，如果意见不一致，则再选出一名裁判员。
This tribunal, under an oath of impartiality, pronounces definitive sentence, which all the cantons are bound to enforce.
该法庭在公正宣誓下作出最终判决，所有州都有义务执行。
The competency of this regulation may be estimated by a clause in their treaty of 1683, with Victor Amadeus of Savoy; in which he obliges himself to interpose as mediator in disputes between the cantons, and to employ force, if necessary, against the contumacious party.
这项规定的有效性可以通过 1683 年与萨沃伊的维克托·阿玛迪斯签订的条约中的一项条款来评估；其中他有义务作为调解人介入各州之间的争端，并在必要时对有异议的一方使用武力。
So far as the peculiarity of their case will admit of comparison with that of the United States, it serves to confirm the principle intended to be established.
只要他们的案例的特殊性可以与美国的案例进行比较，它就可以证实要建立的原则。
Whatever efficacy the union may have had in ordinary cases, it appears that the moment a cause of difference sprang up, capable of trying its strength, it failed.
无论工会在普通情况下可能发挥什么作用，似乎当一个分歧原因出现并能够尝试其力量时，它就失败了。
The controversies on the subject of religion, which in three instances have kindled violent and bloody contests, may be said, in fact, to have severed the league.
宗教问题上的争议曾三度引发暴力和血腥的较量，实际上可以说导致了联盟的分裂。
The Protestant and Catholic cantons have since had their separate diets, where all the most important concerns are adjusted, and which have left the general diet little other business than to take care of the common bailages.
自此，新教州和天主教州有了各自的饮食，所有最重要的问题都得到了调整，而这使得一般饮食除了处理共同的事务外几乎没有其他事情。
That separation had another consequence, which merits attention.
这种分离还有另一个值得关注的后果。
It produced opposite alliances with foreign powers: of Berne, at the head of the Protestant association, with the United Provinces; and of Luzerne, at the head of the Catholic association, with France.
它与外国势力建立了相反的联盟：伯尔尼以新教协会为首，与联合省结盟；伯尔尼以新教协会为首，与联合省结盟。卢塞恩是法国天主教协会的负责人。
PUBLIUS
普布利乌斯
1.
1.
Pfeffel, "Nouvel Abrég.
普费菲尔，“新阿布雷格。
Chronol.
时间。
de l'Hist., etc., d'Allemagne," says the pretext was to indemnify himself for the expense of the expedition.
de l'Hist.等，d'Allemagne”说，借口是为了赔偿自己的探险费用。
FEDERALIST No. 20
联邦党人20号
The Same Subject Continued (The Insufficiency of the Present Confederation to Preserve the Union)
同一主题继续（当前联邦不足以维护联邦）
From the New York Packet.
来自纽约邮包。
Tuesday, December 11, 1787.
1787 年 12 月 11 日，星期二。
MADISON, with HAMILTON
麦迪逊与汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE United Netherlands are a confederacy of republics, or rather of aristocracies of a very remarkable texture, yet confirming all the lessons derived from those which we have already reviewed.
荷兰联合体是一个由共和国组成的联盟，或者更确切地说是由贵族组成的联盟，其结构非常显着，但却证实了从我们已经审查过的那些联盟中得出的所有教训。
The union is composed of seven coequal and sovereign states, and each state or province is a composition of equal and independent cities.
该联盟由七个平等的主权国家组成，每个州或省由平等独立的城市组成。
In all important cases, not only the provinces but the cities must be unanimous.
在所有重大案件中，不仅各省必须一致，各市也必须一致。
The sovereignty of the Union is represented by the States-General, consisting usually of about fifty deputies appointed by the provinces.
联邦的主权由三级会议代表，通常由各省任命的大约五十名代表组成。
They hold their seats, some for life, some for six, three, and one years; from two provinces they continue in appointment during pleasure.
他们保住自己的席位，有的终身，有的六年、三年、一年；来自两个省的他们在愉快的时候继续约会。
The States-General have authority to enter into treaties and alliances; to make war and peace; to raise armies and equip fleets; to ascertain quotas and demand contributions.
各国议会有权缔结条约和结盟；制造战争与和平；招募军队并装备舰队；确定配额并要求捐款。
In all these cases, however, unanimity and the sanction of their constituents are requisite.
然而，在所有这些情况下，都需要选民的一致同意和认可。
They have authority to appoint and receive ambassadors; to execute treaties and alliances already formed; to provide for the collection of duties on imports and exports; to regulate the mint, with a saving to the provincial rights; to govern as sovereigns the dependent territories.
他们有权任命和接待大使；执行已经形成的条约和联盟；规定征收进口和出口关税；规范造币厂，保留省级权利；以主权者的身份统治附属领土。
The provinces are restrained, unless with the general consent, from entering into foreign treaties; from establishing imposts injurious to others, or charging their neighbors with higher duties than their own subjects.
除非得到普遍同意，否则各省不得签订外国条约；避免征收损害他人利益的税款，或向邻居收取比自己臣民更高的责任。
A council of state, a chamber of accounts, with five colleges of admiralty, aid and fortify the federal administration.
国务委员会、会计院和五所海军学院协助并加强了联邦政府。
The executive magistrate of the union is the stadtholder, who is now an hereditary prince.
联邦的行政长官是总督，他现在是世袭的王子。
His principal weight and influence in the republic are derived from this independent title; from his great patrimonial estates; from his family connections with some of the chief potentates of Europe; and, more than all, perhaps, from his being stadtholder in the several provinces, as well as for the union; in which provincial quality he has the appointment of town magistrates under certain regulations, executes provincial decrees, presides when he pleases in the provincial tribunals, and has throughout the power of pardon.
他在共和国的主要影响力和影响力都来自这个独立的头衔。来自他伟大的世袭庄园；源于他与欧洲一些主要君主的家族关系；也许最重要的是，他是几个省以及联邦的总督。在省级权力中，他有权根据某些规定任命城镇治安法官，执行省级法令，在他愿意时主持省级法庭，并拥有全部赦免权。
As stadtholder of the union, he has, however, considerable prerogatives.
然而，作为工会的总督，他拥有相当大的特权。
In his political capacity he has authority to settle disputes between the provinces, when other methods fail; to assist at the deliberations of the States-General, and at their particular conferences; to give audiences to foreign ambassadors, and to keep agents for his particular affairs at foreign courts.
以他的政治身份，当其他方法无效时，他有权解决各省之间的争端；协助各国议会及其特别会议的审议；接见外国大使，并在外国法庭派驻代表处理他的特殊事务。
In his military capacity he commands the federal troops, provides for garrisons, and in general regulates military affairs; disposes of all appointments, from colonels to ensigns, and of the governments and posts of fortified towns.
以军事身份，他指挥联邦军队，提供驻军，并总体管理军事事务。处理从上校到少尉的所有任命，以及设防城镇的政府和职位的任命。
In his marine capacity he is admiral-general, and superintends and directs every thing relative to naval forces and other naval affairs; presides in the admiralties in person or by proxy; appoints lieutenant-admirals and other officers; and establishes councils of war, whose sentences are not executed till he approves them.
在海军方面，他是海军上将，负责监督和指导与海军部队和其他海军事务有关的一切事务；亲自或委托代理主持海事事务；任命海军中将和其他军官；并设立战争委员会，其判决只有在他批准后才能执行。
His revenue, exclusive of his private income, amounts to three hundred thousand florins.
除去私人收入，他的收入达三十万弗罗林。
The standing army which he commands consists of about forty thousand men.
他指挥的常备军约有四万人。
Such is the nature of the celebrated Belgic confederacy, as delineated on parchment.
正如羊皮纸上所描绘的那样，这就是著名的比利时同盟的本质。
What are the characters which practice has stamped upon it?
实践给它打上了什么样的烙印？
Imbecility in the government; discord among the provinces; foreign influence and indignities; a precarious existence in peace, and peculiar calamities from war.
政府无能；各省之间的不和；外国影响和侮辱；和平时期的生活岌岌可危，战争带来的特殊灾难。
It was long ago remarked by Grotius, that nothing but the hatred of his countrymen to the house of Austria kept them from being ruined by the vices of their constitution.
格老秀斯很久以前就说过，除了他的同胞对奥地利家族的仇恨之外，没有什么能阻止他们被宪法的罪恶所毁灭。
The union of Utrecht, says another respectable writer, reposes an authority in the States-General, seemingly sufficient to secure harmony, but the jealousy in each province renders the practice very different from the theory.
另一位受人尊敬的作家说，乌得勒支联邦在议会中拥有权威，似乎足以确保和谐，但各省的嫉妒使得实践与理论截然不同。
The same instrument, says another, obliges each province to levy certain contributions; but this article never could, and probably never will, be executed; because the inland provinces, who have little commerce, cannot pay an equal quota.
另一个人说，同一份文书要求每个省征收一定的捐款；但这篇文章永远不可能，也可能永远不会被执行；因为商业很少的内陆省份无法支付同等的配额。
In matters of contribution, it is the practice to waive the articles of the constitution.
在贡献方面，放弃宪法条款是惯例。
The danger of delay obliges the consenting provinces to furnish their quotas, without waiting for the others; and then to obtain reimbursement from the others, by deputations, which are frequent, or otherwise, as they can.
由于存在拖延的危险，同意的省份必须提供其配额，而不必等待其他省份；然后通过经常或以其他方式尽可能地通过代表团从其他人那里获得报销。
The great wealth and influence of the province of Holland enable her to effect both these purposes.
荷兰省的巨大财富和影响力使她能够实现这两个目的。
It has more than once happened, that the deficiencies had to be ultimately collected at the point of the bayonet; a thing practicable, though dreadful, in a confederacy where one of the members exceeds in force all the rest, and where several of them are too small to meditate resistance; but utterly impracticable in one composed of members, several of which are equal to each other in strength and resources, and equal singly to a vigorous and persevering defense.
这种情况不止一次发生过，缺陷最终必须在刺刀尖上收集起来。在一个联盟中，一个成员的力量超过其他所有成员，而其中几个成员太小而无法进行抵抗，这是可行的，尽管是可怕的。但对于一个由几个成员组成的部队来说，这是完全不可行的，其中几个成员的力量和资源彼此相等，并且单独一个人就可以进行有力而持久的防御。
Foreign ministers, says Sir William Temple, who was himself a foreign minister, elude matters taken ad referendum, by tampering with the provinces and cities.
曾担任外交部长的威廉·坦普尔爵士表示，外交部长们通过篡改各省市来逃避待公决的事项。
In 1726, the treaty of Hanover was delayed by these means a whole year.
1726年，《汉诺威条约》因此被推迟了整整一年。
Instances of a like nature are numerous and notorious.
类似性质的例子数不胜数，而且臭名昭著。
In critical emergencies, the States-General are often compelled to overleap their constitutional bounds.
在重大紧急情况下，三级会议常常被迫超越其宪法界限。
In 1688, they concluded a treaty of themselves at the risk of their heads.
1688年，他们冒着生命危险缔结了一项条约。
The treaty of Westphalia, in 1648, by which their independence was formerly and finally recognized, was concluded without the consent of Zealand.
1648 年，在未经新西兰同意的情况下缔结了《威斯特伐利亚条约》，该条约先前并最终承认了他们的独立。
Even as recently as the last treaty of peace with Great Britain, the constitutional principle of unanimity was departed from.
即使在最近与英国签订的最后一份和平条约中，一致同意的宪法原则也被背离了。
A weak constitution must necessarily terminate in dissolution, for want of proper powers, or the usurpation of powers requisite for the public safety.
由于缺乏适当的权力或篡夺公共安全所需的权力，软弱的宪法必然以解体告终。
Whether the usurpation, when once begun, will stop at the salutary point, or go forward to the dangerous extreme, must depend on the contingencies of the moment.
篡夺一旦开始，是止步于有益的地步，还是走向危险的极端，就要视当时的情况而定。
Tyranny has perhaps oftener grown out of the assumptions of power, called for, on pressing exigencies, by a defective constitution, than out of the full exercise of the largest constitutional authorities.
暴政也许更多地是由于有缺陷的宪法在紧急情况下所要求的权力假设而产生的，而不是由于最大的宪法权威的充分行使而产生的。
Notwithstanding the calamities produced by the stadtholdership, it has been supposed that without his influence in the individual provinces, the causes of anarchy manifest in the confederacy would long ago have dissolved it.
尽管总督制造成了灾难，但人们认为，如果没有他在各个省份的影响力，邦联中表现出来的无政府状态的原因很早就会解散它。
"Under such a government," says the Abbe Mably, "the Union could never have subsisted, if the provinces had not a spring within themselves, capable of quickening their tardiness, and compelling them to the same way of thinking.
“在这样一个政府的领导下，”马布利神父说，“如果各省内部没有一股力量，能够加速他们的拖延，并迫使他们采取同样的思维方式，那么联邦就永远不可能存在。
This spring is the stadtholder." It is remarked by Sir William Temple, "that in the intermissions of the stadtholdership, Holland, by her riches and her authority, which drew the others into a sort of dependence, supplied the place."
今年春天是总督。”威廉·坦普尔爵士评论说，“在总督统治间歇期，荷兰凭借其财富和权威，使其他国家陷入某种依赖，提供了这个地方。”
These are not the only circumstances which have controlled the tendency to anarchy and dissolution.
这些并不是控制无政府状态和解体趋势的唯一情况。
The surrounding powers impose an absolute necessity of union to a certain degree, at the same time that they nourish by their intrigues the constitutional vices which keep the republic in some degree always at their mercy.
周边国家在一定程度上强加了联合的绝对必要性，同时它们又通过阴谋滋长了宪法的恶习，使共和国在某种程度上始终受到它们的摆布。
The true patriots have long bewailed the fatal tendency of these vices, and have made no less than four regular experiments by EXTRAORDINARY ASSEMBLIES, convened for the special purpose, to apply a remedy.
真正的爱国者长期以来一直对这些恶习的致命倾向感到悲痛，并通过为特殊目的而召开的特别大会进行了至少四次定期实验，以采取补救措施。
As many times has their laudable zeal found it impossible to UNITE THE PUBLIC COUNCILS in reforming the known, the acknowledged, the fatal evils of the existing constitution.
他们多次发现，他们的值得称赞的热情无法团结公共委员会来改革现行宪法中已知的、公认的致命罪恶。
Let us pause, my fellow-citizens, for one moment, over this melancholy and monitory lesson of history; and with the tear that drops for the calamities brought on mankind by their adverse opinions and selfish passions, let our gratitude mingle an ejaculation to Heaven, for the propitious concord which has distinguished the consultations for our political happiness.
我的同胞们，让我们暂停一下，思考这一令人忧伤且值得警惕的历史教训；让我们在为人类的反对意见和自私热情给人类带来灾难而流泪的同时，向上天表达感激之情，感谢为我们的政治幸福而进行的协商所取得的吉祥和谐。
A design was also conceived of establishing a general tax to be administered by the federal authority.
还设想建立一项由联邦当局管理的一般税。
This also had its adversaries and failed.
这也有它的对手并且失败了。
This unhappy people seem to be now suffering from popular convulsions, from dissensions among the states, and from the actual invasion of foreign arms, the crisis of their destiny.
这些不幸的人民现在似乎正遭受着民众的动乱、国家之间的纷争以及外国武器的实际入侵，这是他们命运的危机。
All nations have their eyes fixed on the awful spectacle.
所有国家都注视着这一可怕的景象。
The first wish prompted by humanity is, that this severe trial may issue in such a revolution of their government as will establish their union, and render it the parent of tranquillity, freedom and happiness: The next, that the asylum under which, we trust, the enjoyment of these blessings will speedily be secured in this country, may receive and console them for the catastrophe of their own.
人类提出的第一个愿望是，这种严峻的考验可能会导致他们的政府发生一场革命，从而建立他们的联盟，并使其成为安宁、自由和幸福的根源：其次，我们相信，在这个庇护所下，我们将很快在这个国家享受这些祝福，庇护所可能会在他们自己的灾难中接纳和安慰他们。
I make no apology for having dwelt so long on the contemplation of these federal precedents.
我不会为这么长时间思考这些联邦先例而道歉。
Experience is the oracle of truth; and where its responses are unequivocal, they ought to be conclusive and sacred.
经验是真理的神谕；如果它的回应是明确的，那么它们就应该是决定性的和神圣的。
The important truth, which it unequivocally pronounces in the present case, is that a sovereignty over sovereigns, a government over governments, a legislation for communities, as contradistinguished from individuals, as it is a solecism in theory, so in practice it is subversive of the order and ends of civil polity, by substituting VIOLENCE in place of LAW, or the destructive COERCION of the SWORD in place of the mild and salutary COERCION of the MAGISTRACY.
在本案中，它明确宣布的重要事实是，主权高于主权、政府高于政府、社区立法与个人不同，因为它在理论上是一种犹太主义，所以在实践中，它颠覆了公民政体的秩序和目的，用暴力代替了法律，或者用刀剑的破坏性强制代替了温和而有益的强制。司法权。
PUBLIUS
普布利乌斯
FEDERALIST No. 21
联邦党人文集第21号
Other Defects of the Present Confederation
当前联邦的其他缺陷
For the Independent Journal.
对于独立杂志。
Wednesday, December 12, 1787
1787 年 12 月 12 日，星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
HAVING in the three last numbers taken a summary review of the principal circumstances and events which have depicted the genius and fate of other confederate governments, I shall now proceed in the enumeration of the most important of those defects which have hitherto disappointed our hopes from the system established among ourselves.
在最后三期中，我对描绘了其他邦联政府的天才和命运的主要情况和事件进行了总结回顾，现在我将开始列举迄今为止使我们对我们自己建立的制度抱有的希望落空的最重要的缺陷。
To form a safe and satisfactory judgment of the proper remedy, it is absolutely necessary that we should be well acquainted with the extent and malignity of the disease.
为了对适当的治疗方法做出安全且令人满意的判断，我们绝对有必要充分了解疾病的严重程度和恶性程度。
The next most palpable defect of the subsisting Confederation, is the total want of a SANCTION to its laws.
现存联邦的下一个最明显的缺陷是其法律完全缺乏制裁。
The United States, as now composed, have no powers to exact obedience, or punish disobedience to their resolutions, either by pecuniary mulcts, by a suspension or divestiture of privileges, or by any other constitutional mode.
就目前的情况而言，美国无权通过金钱、中止或剥夺特权或任何其他宪法模式来强制服从或惩罚不服从其决议的行为。
There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction, in the face of that part of the second article, by which it is declared, "that each State shall retain every power, jurisdiction, and right, not EXPRESSLY delegated to the United States in Congress assembled." There is, doubtless, a striking absurdity in supposing that a right of this kind does not exist, but we are reduced to the dilemma either of embracing that supposition, preposterous as it may seem, or of contravening or explaining away a provision, which has been of late a repeated theme of the eulogies of those who oppose the new Constitution; and the want of which, in that plan, has been the subject of much plausible animadversion, and severe criticism.
没有明确授权他们对违法成员使用武力；如果这种权利应归属于联邦元首，因为各州之间的社会契约的性质，则必须通过推论和解释，面对第二条的那一部分，其中宣布，“每个州应保留在国会中未明确委托给合众国的一切权力、管辖权和权利。”毫无疑问，假设这种权利不存在是极其荒谬的，但我们陷入了两难境地：要么接受这种假设（尽管看起来很荒谬），要么违反或解释掉一项规定，这已成为反对新宪法的人最近反复颂扬的主题；在该计划中，缺乏这一点一直是许多合理的反对和严厉批评的主题。
If we are unwilling to impair the force of this applauded provision, we shall be obliged to conclude, that the United States afford the extraordinary spectacle of a government destitute even of the shadow of constitutional power to enforce the execution of its own laws.
如果我们不愿意削弱这一广受赞誉的条款的效力，我们将不得不得出这样的结论：美国政府甚至缺乏宪法权力的影子来强制执行自己的法律，这是一个非凡的景象。
It will appear, from the specimens which have been cited, that the American Confederacy, in this particular, stands discriminated from every other institution of a similar kind, and exhibits a new and unexampled phenomenon in the political world.
从所引用的样本来看，美利坚联盟国在这一点上明显区别于所有其他类似的机构，并在政治世界中展现出一种新的、史无前例的现象。
The want of a mutual guaranty of the State governments is another capital imperfection in the federal plan.
缺乏州政府的相互担保是联邦计划中的另一个资本缺陷。
There is nothing of this kind declared in the articles that compose it; and to imply a tacit guaranty from considerations of utility, would be a still more flagrant departure from the clause which has been mentioned, than to imply a tacit power of coercion from the like considerations.
构成它的文章中没有任何此类声明；出于功利考虑而暗示一种默示保证，比出于类似考虑而暗示一种默示强制力，将更加公然背离上述条款。
The want of a guaranty, though it might in its consequences endanger the Union, does not so immediately attack its existence as the want of a constitutional sanction to its laws.
缺乏担保，尽管其后果可能会危及联邦，但并不像缺乏对其法律的宪法制裁那样立即攻击其存在。
Without a guaranty the assistance to be derived from the Union in repelling those domestic dangers which may sometimes threaten the existence of the State constitutions, must be renounced.
如果没有保证，就必须放弃从联邦获得的用于消除有时可能威胁到州宪法存在的国内危险的援助。
Usurpation may rear its crest in each State, and trample upon the liberties of the people, while the national government could legally do nothing more than behold its encroachments with indignation and regret.
篡夺行为可能会在每个州肆虐，践踏人民的自由，而国家政府在法律上只能以愤怒和遗憾的态度看待这种侵犯。
A successful faction may erect a tyranny on the ruins of order and law, while no succor could constitutionally be afforded by the Union to the friends and supporters of the government.
一个成功的派系可能会在秩序和法律的废墟上建立暴政，而宪法规定联邦不能向政府的朋友和支持者提供任何援助。
The tempestuous situation from which Massachusetts has scarcely emerged, evinces that dangers of this kind are not merely speculative.
马萨诸塞州刚刚摆脱的动荡局势表明，这种危险不仅仅是推测性的。
Who can determine what might have been the issue of her late convulsions, if the malcontents had been headed by a Caesar or by a Cromwell?
如果不满者是由凯撒或克伦威尔领导的话，谁能确定她最近抽搐的原因是什么？
Who can predict what effect a despotism, established in Massachusetts, would have upon the liberties of New Hampshire or Rhode Island, of Connecticut or New York?
谁能预测在马萨诸塞州建立的专制主义会对新罕布什尔州或罗德岛州、康涅狄格州或纽约州的自由产生什么影响？
The inordinate pride of State importance has suggested to some minds an objection to the principle of a guaranty in the federal government, as involving an officious interference in the domestic concerns of the members.
对国家重要性的过分自豪让一些人反对联邦政府的担保原则，因为这涉及对成员国内事务的干涉。
A scruple of this kind would deprive us of one of the principal advantages to be expected from union, and can only flow from a misapprehension of the nature of the provision itself.
这种顾虑将会剥夺我们预期从联盟中获得的主要好处之一，并且只能源于对条款本身性质的误解。
It could be no impediment to reforms of the State constitution by a majority of the people in a legal and peaceable mode.
这不能妨碍大多数人民以合法、和平的方式对国家宪法进行改革。
This right would remain undiminished.
这项权利将保持不变。
The guaranty could only operate against changes to be effected by violence.
该保证只能针对暴力造成的变化起作用。
Towards the preventions of calamities of this kind, too many checks cannot be provided.
为了预防此类灾难，不能提供太多的检查。
The peace of society and the stability of government depend absolutely on the efficacy of the precautions adopted on this head.
社会的安宁和政府的稳定完全取决于为此采取的预防措施的有效性。
Where the whole power of the government is in the hands of the people, there is the less pretense for the use of violent remedies in partial or occasional distempers of the State.
当政府的全部权力掌握在人民手中时，就不太可能在国家局部或偶尔的混乱中使用暴力补救措施。
The natural cure for an ill-administration, in a popular or representative constitution, is a change of men.
在大众宪法或代议制宪法中，解决行政不善的自然方法是更换人员。
A guaranty by the national authority would be as much levelled against the usurpations of rulers as against the ferments and outrages of faction and sedition in the community.
国家当局的保证既可以防止统治者的篡夺，也可以防止社区中派系和煽动的发酵和暴行。
The principle of regulating the contributions of the States to the common treasury by QUOTAS is another fundamental error in the Confederation.
通过配额来规范各州对共同国库缴款的原则是联邦的另一个根本性错误。
Its repugnancy to an adequate supply of the national exigencies has been already pointed out, and has sufficiently appeared from the trial which has been made of it.
它与国家紧急需要的充足供应的矛盾已经被指出，并且从对其进行的试验中已经充分显现出来。
I speak of it now solely with a view to equality among the States.
我现在谈论它只是为了各国之间的平等。
Those who have been accustomed to contemplate the circumstances which produce and constitute national wealth, must be satisfied that there is no common standard or barometer by which the degrees of it can be ascertained.
那些习惯于思考产生和构成国家财富的环境的人必须感到满意的是，没有共同的标准或晴雨表可以确定国家财富的程度。
Neither the value of lands, nor the numbers of the people, which have been successively proposed as the rule of State contributions, has any pretension to being a just representative.
相继提出的作为国家缴款规则的土地价值和人口数量都没有任何自称是公正的代表。
If we compare the wealth of the United Netherlands with that of Russia or Germany, or even of France, and if we at the same time compare the total value of the lands and the aggregate population of that contracted district with the total value of the lands and the aggregate population of the immense regions of either of the three last-mentioned countries, we shall at once discover that there is no comparison between the proportion of either of these two objects and that of the relative wealth of those nations.
如果我们将荷兰联合体的财富与俄罗斯、德国，甚至法国的财富进行比较，如果我们同时将该契约区的土地总价值和总人口与后三个国家中任何一个国家的广大地区的土地总价值和总人口进行比较，我们立刻就会发现，这两个物体的比例与这些国家的相对财富的比例之间是没有可比性的。
If the like parallel were to be run between several of the American States, it would furnish a like result.
如果在美洲的几个州之间进行类似的比较，就会得到类似的结果。
Let Virginia be contrasted with North Carolina, Pennsylvania with Connecticut, or Maryland with New Jersey, and we shall be convinced that the respective abilities of those States, in relation to revenue, bear little or no analogy to their comparative stock in lands or to their comparative population.
让弗吉尼亚州与北卡罗来纳州、宾夕法尼亚州与康涅狄格州、马里兰州与新泽西州进行对比，我们将确信，这些州各自在收入方面的能力与其相对土地存量或相对人口几乎没有相似之处。
The position may be equally illustrated by a similar process between the counties of the same State.
同一州各县之间的类似过程同样可以说明这一立场。
No man who is acquainted with the State of New York will doubt that the active wealth of King's County bears a much greater proportion to that of Montgomery than it would appear to be if we should take either the total value of the lands or the total number of the people as a criterion!
任何熟悉纽约州的人都不会怀疑，如果我们以土地总价值或人口总数作为标准的话，国王县的活跃财富与蒙哥马利的活跃财富所占的比例要大得多！
The wealth of nations depends upon an infinite variety of causes.
国家的财富取决于无数种原因。
Situation, soil, climate, the nature of the productions, the nature of the government, the genius of the citizens, the degree of information they possess, the state of commerce, of arts, of industry, these circumstances and many more, too complex, minute, or adventitious to admit of a particular specification, occasion differences hardly conceivable in the relative opulence and riches of different countries.
情况、土壤、气候、产品的性质、政府的性质、公民的天才、他们拥有的信息程度、商业、艺术、工业的状况，这些情况以及更多的因素，过于复杂、微小或偶然，无法接受特定的规格，导致不同国家相对富裕和财富的差异难以想象。
The consequence clearly is that there can be no common measure of national wealth, and, of course, no general or stationary rule by which the ability of a state to pay taxes can be determined.
其结果显然是，不可能有一个通用的国民财富衡量标准，当然，也没有可以确定一个国家纳税能力的一般或固定规则。
The attempt, therefore, to regulate the contributions of the members of a confederacy by any such rule, cannot fail to be productive of glaring inequality and extreme oppression.
因此，试图通过任何此类规则来规范邦联成员的贡献，必然会导致明显的不平等和极端压迫。
This inequality would of itself be sufficient in America to work the eventual destruction of the Union, if any mode of enforcing a compliance with its requisitions could be devised.
如果能够设计出任何强制遵守其要求的方式，那么在美国，这种不平等本身就足以导致联邦的最终毁灭。
The suffering States would not long consent to remain associated upon a principle which distributes the public burdens with so unequal a hand, and which was calculated to impoverish and oppress the citizens of some States, while those of others would scarcely be conscious of the small proportion of the weight they were required to sustain.
受苦受难的国家不会长期同意继续坚持这样一种原则，即以如此不平等的方式分配公共负担，并蓄意使某些国家的公民陷入贫困和压迫，而其他国家的公民则几乎不会意识到他们需要承受的负担很小。
This, however, is an evil inseparable from the principle of quotas and requisitions.
然而，这是与配额和征用原则密不可分的罪恶。
There is no method of steering clear of this inconvenience, but by authorizing the national government to raise its own revenues in its own way.
除了授权中央政府以自己的方式增加自己的收入之外，没有其他方法可以避免这种不便。
Imposts, excises, and, in general, all duties upon articles of consumption, may be compared to a fluid, which will, in time, find its level with the means of paying them.
进口税、消费税以及一般而言所有消费品的关税都可以比作液体，随着时间的推移，它会随着支付手段的增加而达到其水平。
The amount to be contributed by each citizen will in a degree be at his own option, and can be regulated by an attention to his resources.
每个公民贡献的金额在一定程度上将由他自己选择，并且可以通过关注他的资源来调节。
The rich may be extravagant, the poor can be frugal; and private oppression may always be avoided by a judicious selection of objects proper for such impositions.
富人可以奢侈，穷人可以节俭；通过明智地选择适合这种强加的对象，总是可以避免私人压迫。
If inequalities should arise in some States from duties on particular objects, these will, in all probability, be counterbalanced by proportional inequalities in other States, from the duties on other objects.
如果某些国家因对特定客体的关税而产生不平等，那么这些不平等很可能会被其他国家因对其他客体的关税而出现的比例不平等所抵消。
In the course of time and things, an equilibrium, as far as it is attainable in so complicated a subject, will be established everywhere.
随着时间和事物的发展，在如此复杂的主题中，只要能达到平衡，到处都会建立起平衡。
Or, if inequalities should still exist, they would neither be so great in their degree, so uniform in their operation, nor so odious in their appearance, as those which would necessarily spring from quotas, upon any scale that can possibly be devised.
或者，如果不平等仍然存在，那么它们的程度就不会如此之大，其运作也不会如此统一，其外观也不会像那些必然源于配额的不平等那样令人厌恶，无论其规模如何。
It is a signal advantage of taxes on articles of consumption, that they contain in their own nature a security against excess.
对消费品征税的一个显着优势是，它们本身就含有防止过度消费的保障。
They prescribe their own limit; which cannot be exceeded without defeating the end proposed, that is, an extension of the revenue.
他们规定了自己的限度；如果超过这个目标，就会破坏所提议的目标，即增加收入。
When applied to this object, the saying is as just as it is witty, that, "in political arithmetic, two and two do not always make four." If duties are too high, they lessen the consumption; the collection is eluded; and the product to the treasury is not so great as when they are confined within proper and moderate bounds.
当应用于这个对象时，这句话既正确又诙谐，“在政治算术中，二加二并不总是等于四”。如果关税太高，他们就会减少消费；如果关税太高，他们就会减少消费。藏品被躲避；国库的产品并不像它们被限制在适当和适度的范围内时那么大。
This forms a complete barrier against any material oppression of the citizens by taxes of this class, and is itself a natural limitation of the power of imposing them.
这形成了一个完整的屏障，防止此类税收对公民的任何物质压迫，并且本身就是对征收这些税收的权力的自然限制。
Impositions of this kind usually fall under the denomination of indirect taxes, and must for a long time constitute the chief part of the revenue raised in this country.
此类征收通常属于间接税，并且必须在很长一段时间内构成该国收入的主要部分。
Those of the direct kind, which principally relate to land and buildings, may admit of a rule of apportionment.
那些主要与土地和建筑物有关的直接类型可以承认分配规则。
Either the value of land, or the number of the people, may serve as a standard.
要么以土地的价值为标准，要么以人口的多少为标准。
The state of agriculture and the populousness of a country have been considered as nearly connected with each other.
一个国家的农业状况和人口数量被认为是紧密相关的。
And, as a rule, for the purpose intended, numbers, in the view of simplicity and certainty, are entitled to a preference.
而且，通常，出于预期目的，出于简单性和确定性的考虑，数字有权享有优先权。
In every country it is a herculean task to obtain a valuation of the land; in a country imperfectly settled and progressive in improvement, the difficulties are increased almost to impracticability.
在每个国家，获得土地估价都是一项艰巨的任务。在一个尚未完全稳定和不断进步的国家，困难几乎增加到不切实际的程度。
The expense of an accurate valuation is, in all situations, a formidable objection.
在任何情况下，准确估价的代价都是一个令人生畏的反对意见。
In a branch of taxation where no limits to the discretion of the government are to be found in the nature of things, the establishment of a fixed rule, not incompatible with the end, may be attended with fewer inconveniences than to leave that discretion altogether at large.
在一个税收部门，在本质上对政府自由裁量权没有限制的地方，建立一个与最终目的并不矛盾的固定规则，可能比完全放任自由裁量权带来更少的不便。
PUBLIUS
普布利乌斯
FEDERALIST No. 22
联邦党人文集第22号
The Same Subject Continued (Other Defects of the Present Confederation)
同一主题继续（当前联邦的其他缺陷）
From the New York Packet.
来自纽约邮包。
Friday, December 14, 1787.
1787 年 12 月 14 日，星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IN ADDITION to the defects already enumerated in the existing federal system, there are others of not less importance, which concur in rendering it altogether unfit for the administration of the affairs of the Union.
除了现有联邦制度已经列举的缺陷之外，还有其他一些同样重要的缺陷，这些缺陷导致它完全不适合管理联邦事务。
The want of a power to regulate commerce is by all parties allowed to be of the number.
想要获得监管商业的权力是所有各方都允许的。
The utility of such a power has been anticipated under the first head of our inquiries; and for this reason, as well as from the universal conviction entertained upon the subject, little need be added in this place.
在我们调查的第一个标题中已经预料到了这种权力的效用；出于这个原因，以及从人们对这个问题的普遍信念来看，这里几乎不需要补充。
It is indeed evident, on the most superficial view, that there is no object, either as it respects the interests of trade or finance, that more strongly demands a federal superintendence.
从最肤浅的观点来看，确实很明显，无论是在尊重贸易还是金融利益方面，没有任何物体比它更强烈地需要联邦监管。
The want of it has already operated as a bar to the formation of beneficial treaties with foreign powers, and has given occasions of dissatisfaction between the States.
缺乏它已经成为与外国列强签订有益条约的障碍，并引起了各国之间的不满。
No nation acquainted with the nature of our political association would be unwise enough to enter into stipulations with the United States, by which they conceded privileges of any importance to them, while they were apprised that the engagements on the part of the Union might at any moment be violated by its members, and while they found from experience that they might enjoy every advantage they desired in our markets, without granting us any return but such as their momentary convenience might suggest.
任何一个熟悉我们政治联盟性质的国家都不会愚蠢地与美国签订协议，让他们承认对他们来说很重要的特权，同时他们也知道联盟的承诺随时可能会被其成员违反，而且他们从经验中发现，他们可以在我们的市场上享受他们想要的一切优势，除了他们一时的便利之外，不给我们任何回报。
It is not, therefore, to be wondered at that Mr. Jenkinson, in ushering into the House of Commons a bill for regulating the temporary intercourse between the two countries, should preface its introduction by a declaration that similar provisions in former bills had been found to answer every purpose to the commerce of Great Britain, and that it would be prudent to persist in the plan until it should appear whether the American government was likely or not to acquire greater consistency.(1)
因此，詹金森先生在向下议院提交一项规范两国间临时往来的法案时，应该在引入该法案时声明，之前的法案中的类似条款已被发现能够满足英国商业的所有目的，并且坚持该计划是谨慎的做法，直到美国政府是否有可能获得更大的一致性为止。（1）
Several States have endeavored, by separate prohibitions, restrictions, and exclusions, to influence the conduct of that kingdom in this particular, but the want of concert, arising from the want of a general authority and from clashing and dissimilar views in the State, has hitherto frustrated every experiment of the kind, and will continue to do so as long as the same obstacles to a uniformity of measures continue to exist.
一些国家曾努力通过单独的禁止、限制和排除来影响该国在这方面的行为，但由于缺乏普遍权威以及国家内部观点的冲突和不同而导致缺乏协调一致，迄今已挫败了所有此类尝试，并且只要统一措施的相同障碍继续存在，这种情况就会继续下去。
The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intercourse between the different parts of the Confederacy.
一些州的干涉和不友好的规定违背了联邦的真正精神，在不同的情况下，引起了其他州的不满和抱怨，令人担心的是，这种性质的例子如果不受到国家控制的限制，将会成倍增加和扩大，直到它们成为敌意和不和的严重根源，不亚于邦联不同部分之间交往的有害障碍。
"The commerce of the German empire(2) is in continual trammels from the multiplicity of the duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the fine streams and navigable rivers with which Germany is so happily watered are rendered almost useless." Though the genius of the people of this country might never permit this description to be strictly applicable to us, yet we may reasonably expect, from the gradual conflicts of State regulations, that the citizens of each would at length come to be considered and treated by the others in no better light than that of foreigners and aliens.
“德意志帝国（2）的商业不断受到多个王子和国家对经过其领土的商品征收的多重关税的束缚，德国如此愉快地浇灌的细流和可通航的河流因此变得几乎毫无用处。”尽管这个国家人民的天才可能永远不会允许这种描述严格适用于我们，但我们可以合理地预期，从国家法规的逐渐冲突中，每个国家的公民最终都会被其他国家的公民所考虑和对待，而不会比外国人和外国人更好。
The power of raising armies, by the most obvious construction of the articles of the Confederation, is merely a power of making requisitions upon the States for quotas of men.
从联邦条款最明显的解释来看，征集军队的权力只不过是向各州申请人员配额的权力。
This practice in the course of the late war, was found replete with obstructions to a vigorous and to an economical system of defense.
人们发现，在战争后期的这种做法对建立一个充满活力和经济的防御体系充满了障碍。
It gave birth to a competition between the States which created a kind of auction for men.
它催生了各州之间的竞争，创造了一种针对男性的拍卖。
In order to furnish the quotas required of them, they outbid each other till bounties grew to an enormous and insupportable size.
为了提供他们所需要的配额，他们互相竞价，直到赏金增加到令人难以承受的数额。
The hope of a still further increase afforded an inducement to those who were disposed to serve to procrastinate their enlistment, and disinclined them from engaging for any considerable periods.
士兵人数进一步增加的希望促使那些准备服役的人推迟入伍，并在相当长的一段时间内不愿参军。
Hence, slow and scanty levies of men, in the most critical emergencies of our affairs; short enlistments at an unparalleled expense; continual fluctuations in the troops, ruinous to their discipline and subjecting the public safety frequently to the perilous crisis of a disbanded army.
因此，在我们事务中最危急的紧急情况下，征兵缓慢且数量不足；入伍时间短，费用空前；军队的不断变动，破坏了纪律，使公共安全经常面临解散的危险。
Hence, also, those oppressive expedients for raising men which were upon several occasions practiced, and which nothing but the enthusiasm of liberty would have induced the people to endure.
因此，人们曾多次采取过那些压迫性的养育措施，只有对自由的热情才能促使人民忍受这些措施。
This method of raising troops is not more unfriendly to economy and vigor than it is to an equal distribution of the burden.
这种募兵方式对经济和活力的不利，并不比对平均负担的不利。
The States near the seat of war, influenced by motives of self-preservation, made efforts to furnish their quotas, which even exceeded their abilities; while those at a distance from danger were, for the most part, as remiss as the others were diligent, in their exertions.
战争所在地附近的国家出于自保动机，努力提供配额，甚至超过了自己的能力；而那些远离危险的人在很大程度上和其他人一样勤奋地努力着。
The immediate pressure of this inequality was not in this case, as in that of the contributions of money, alleviated by the hope of a final liquidation.
在这种情况下，这种不平等的直接压力并不像金钱的贡献那样，通过最终清算的希望而减轻。
The States which did not pay their proportions of money might at least be charged with their deficiencies; but no account could be formed of the deficiencies in the supplies of men.
那些没有缴纳相应比例资金的州至少可能会被指控其不足之处；但无法说明人员供应的不足。
We shall not, however, see much reason to regret the want of this hope, when we consider how little prospect there is, that the most delinquent States will ever be able to make compensation for their pecuniary failures.
然而，当我们考虑到拖欠最严重的国家能够为其金钱上的失败提供赔偿的前景是多么渺茫时，我们就不会有太多理由对缺乏这种希望感到遗憾。
The system of quotas and requisitions, whether it be applied to men or money, is, in every view, a system of imbecility in the Union, and of inequality and injustice among the members.
配额和征用制度，无论是适用于人员还是金钱，从任何角度来看，都是联邦中的一种低能制度，也是成员国之间的不平等和不公正的制度。
The right of equal suffrage among the States is another exceptionable part of the Confederation.
各州之间的平等选举权是联邦的另一个例外的部分。
Every idea of proportion and every rule of fair representation conspire to condemn a principle, which gives to Rhode Island an equal weight in the scale of power with Massachusetts, or Connecticut, or New York; and to Delaware an equal voice in the national deliberations with Pennsylvania, or Virginia, or North Carolina.
每一个关于比例的想法和每一个公平代表的规则都共同谴责一项原则，该原则使罗德岛州在权力天平上与马萨诸塞州、康涅狄格州或纽约州同等重要；特拉华州在全国审议中拥有与宾夕法尼亚州、弗吉尼亚州或北卡罗来纳州同等的发言权。
Its operation contradicts the fundamental maxim of republican government, which requires that the sense of the majority should prevail.
它的运作违背了共和政府的基本准则，即要求多数人的意见占上风。
Sophistry may reply, that sovereigns are equal, and that a majority of the votes of the States will be a majority of confederated America.
诡辩者可能会回答说，主权国家是平等的，各州的多数票将是美国联邦的多数票。
But this kind of logical legerdemain will never counteract the plain suggestions of justice and common-sense.
但这种逻辑上的把戏永远无法抵消正义和常识的朴素建议。
It may happen that this majority of States is a small minority of the people of America;(3) and two thirds of the people of America could not long be persuaded, upon the credit of artificial distinctions and syllogistic subtleties, to submit their interests to the management and disposal of one third.
可能会发生这样的情况：这个大多数国家只是美国人民中的一小部分；（3）而且三分之二的美国人民不可能长期被说服，依靠人为的区分和三段论的微妙，将他们的利益交给三分之一的管理和处置。
The larger States would after a while revolt from the idea of receiving the law from the smaller.
一段时间后，较大的州将反对接受较小州的法律。
To acquiesce in such a privation of their due importance in the political scale, would be not merely to be insensible to the love of power, but even to sacrifice the desire of equality.
默许他们在政治上失去应有的重要性，不仅是对权力的热爱麻木不仁，甚至是牺牲平等的愿望。
It is neither rational to expect the first, nor just to require the last.
期待第一个结果既不是理性的，也不是仅仅要求最后一个的。
The smaller States, considering how peculiarly their safety and welfare depend on union, ought readily to renounce a pretension which, if not relinquished, would prove fatal to its duration.
较小的国家，考虑到它们的安全和福祉如何特别依赖于联盟，应该欣然放弃这种主张，这种主张如果不放弃，将对其持续时间造成致命的影响。
It may be objected to this, that not seven but nine States, or two thirds of the whole number, must consent to the most important resolutions; and it may be thence inferred that nine States would always comprehend a majority of the Union.
有人可能对此表示反对，因为必须同意最重要的决议，而不是七个国家，而是九个国家，或总数的三分之二；由此可以推断，九个国家将始终构成联盟的多数。
But this does not obviate the impropriety of an equal vote between States of the most unequal dimensions and populousness; nor is the inference accurate in point of fact; for we can enumerate nine States which contain less than a majority of the people;(4) and it is constitutionally possible that these nine may give the vote.
但这并不能消除面积和人口数量最不平等的国家之间进行平等投票的不适当性；从事实来看，这一推论也不准确；因为我们可以列举九个人口少于多数的州；(4) 从宪法上看，这九个州可以投票。
Besides, there are matters of considerable moment determinable by a bare majority; and there are others, concerning which doubts have been entertained, which, if interpreted in favor of the sufficiency of a vote of seven States, would extend its operation to interests of the first magnitude.
此外，有些事关重大的事情可以由微弱多数决定。还有其他一些受到怀疑的问题，如果解释为有利于七个国家投票的充分性，则其运作范围将扩大到首要利益。
In addition to this, it is to be observed that there is a probability of an increase in the number of States, and no provision for a proportional augmentation of the ratio of votes.
除此之外，值得注意的是，国家数量有可能增加，但没有规定按比例增加票数比例。
But this is not all: what at first sight may seem a remedy, is, in reality, a poison.
但这还不是全部：乍一看似乎是一种补救措施，但实际上却是一种毒药。
To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision), is, in its tendency, to subject the sense of the greater number to that of the lesser.
少数人对多数人的否定（当决策需要超过多数人的同意时，情况总是如此），就其倾向而言，就是使多数人的感觉服从于少数人的感觉。
Congress, from the nonattendance of a few States, have been frequently in the situation of a Polish diet, where a single VOTE has been sufficient to put a stop to all their movements.
由于少数州缺席，国会经常处于波兰饮食的境地，一次投票就足以阻止他们的所有行动。
A sixtieth part of the Union, which is about the proportion of Delaware and Rhode Island, has several times been able to oppose an entire bar to its operations.
联邦的六十分之一，大约是特拉华州和罗德岛州的比例，曾多次反对整个酒吧的运营。
This is one of those refinements which, in practice, has an effect the reverse of what is expected from it in theory.
这是其中一项改进，在实践中，其效果与理论上的预期相反。
The necessity of unanimity in public bodies, or of something approaching towards it, has been founded upon a supposition that it would contribute to security.
公共机构中一致同意的必要性，或者接近一致的东西，是建立在这样的假设之上的：这将有助于安全。
But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority.
但它的真正作用是让政府难堪，摧毁政府的能量，并用一个无足轻重、动荡或腐败的军政府的快乐、任性或诡计来取代受人尊敬的多数人的定期审议和决定。
In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, there is commonly a necessity for action.
在一个国家的紧急情况下，政府的好坏、软弱或强势都是最重要的，因此通常有必要采取行动。
The public business must, in some way or other, go forward.
公共事业必须以某种方式向前发展。
If a pertinacious minority can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings.
如果一个顽固的少数人能够控制多数人的意见，并尊重最佳的实施方式，那么多数人要想有所作为，就必须符合少数人的意见；因此，少数人的感觉将压倒多数人的感觉，并为国家进程定下基调。
Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good.
因此，造成了繁琐的延误；持续的谈判和阴谋；对公共利益的可鄙的妥协。
And yet, in such a system, it is even happy when such compromises can take place: for upon some occasions things will not admit of accommodation; and then the measures of government must be injuriously suspended, or fatally defeated.
然而，在这样的体系中，当这种妥协能够发生时，它甚至会感到高兴：因为在某些情况下，事情是不允许妥协的；因为在某些情况下，事情是不允许妥协的。那么政府的措施就必须被有害地暂停，或者被致命地击败。
It is often, by the impracticability of obtaining the concurrence of the necessary number of votes, kept in a state of inaction.
由于无法获得必要票数的同意，它常常处于无所作为的状态。
Its situation must always savor of weakness, sometimes border upon anarchy.
它的处境必定总是充满软弱，有时甚至接近无政府状态。
It is not difficult to discover, that a principle of this kind gives greater scope to foreign corruption, as well as to domestic faction, than that which permits the sense of the majority to decide; though the contrary of this has been presumed.
不难发现，与允许多数人的意见来决定相比，这种原则为外国腐败和国内派系提供了更大的空间。尽管人们的假设与此相反。
The mistake has proceeded from not attending with due care to the mischiefs that may be occasioned by obstructing the progress of government at certain critical seasons.
错误的根源在于没有认真对待某些关键季节阻碍政府进展可能造成的祸害。
When the concurrence of a large number is required by the Constitution to the doing of any national act, we are apt to rest satisfied that all is safe, because nothing improper will be likely TO BE DONE, but we forget how much good may be prevented, and how much ill may be produced, by the power of hindering the doing what may be necessary, and of keeping affairs in the same unfavorable posture in which they may happen to stand at particular periods.
当宪法要求任何国家法案的实施都必须得到多数人的同意时，我们很容易对一切都是安全的感到满意，因为不会有任何不当行为，但我们忘记了，如果有权力阻碍必要的行动，并使事务处于特定时期可能发生的不利局面，就会阻止多少善行，也可能产生多少恶果。
Suppose, for instance, we were engaged in a war, in conjunction with one foreign nation, against another.
例如，假设我们与一个外国联合起来对抗另一个国家。
Suppose the necessity of our situation demanded peace, and the interest or ambition of our ally led him to seek the prosecution of the war, with views that might justify us in making separate terms.
假设我们的局势需要和平，而我们的盟友的利益或野心导致他寻求发动战争，其观点可能证明我们有理由制定单独的条款。
In such a state of things, this ally of ours would evidently find it much easier, by his bribes and intrigues, to tie up the hands of government from making peace, where two thirds of all the votes were requisite to that object, than where a simple majority would suffice.
在这种情况下，我们的这位盟友显然会发现，通过他的贿赂和阴谋，束缚政府实现和平的手脚要容易得多，因为实现这一目标需要三分之二的选票，而不是简单多数就足够了。
In the first case, he would have to corrupt a smaller number; in the last, a greater number.
在第一种情况下，他必须腐败的人数较少；在第一种情况下，他必须腐败的人数较少。最后，数量更多。
Upon the same principle, it would be much easier for a foreign power with which we were at war to perplex our councils and embarrass our exertions.
根据同样的原则，与我们交战的外国势力更容易使我们的议会陷入困境，使我们的努力陷入困境。
And, in a commercial view, we may be subjected to similar inconveniences.
而且，从商业角度来看，我们可能会遇到类似的不便。
A nation, with which we might have a treaty of commerce, could with much greater facility prevent our forming a connection with her competitor in trade, though such a connection should be ever so beneficial to ourselves.
一个我们可能与之签订了商业条约的国家可以更容易地阻止我们与她的竞争对手建立贸易联系，尽管这种联系对我们自己来说应该是非常有利的。
Evils of this description ought not to be regarded as imaginary.
这种描述的邪恶不应被视为想象出来的。
One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption.
共和国的弱点之一是，在其众多优点中，它们太容易为外国腐败提供入口。
An hereditary monarch, though often disposed to sacrifice his subjects to his ambition, has so great a personal interest in the government and in the external glory of the nation, that it is not easy for a foreign power to give him an equivalent for what he would sacrifice by treachery to the state.
一个世袭君主虽然经常为了自己的野心而牺牲臣民，但他对政府和国家的外部荣耀有着巨大的个人利益，以至于外国势力很难给予他相当于他因背叛国家而牺牲的东西。
The world has accordingly been witness to few examples of this species of royal prostitution, though there have been abundant specimens of every other kind.
因此，尽管其他类型的例子很多，但世界上很少见到这种皇家卖淫的例子。
In republics, persons elevated from the mass of the community, by the suffrages of their fellow-citizens, to stations of great pre-eminence and power, may find compensations for betraying their trust, which, to any but minds animated and guided by superior virtue, may appear to exceed the proportion of interest they have in the common stock, and to overbalance the obligations of duty.
在共和政体中，通过公民同胞的选举，从社会大众中晋升到具有显赫地位和权力的人，可能会因背叛他们的信任而得到补偿，除了受高尚美德激励和指导的人之外，这种补偿可能会显得超出了他们在普通股中所拥有的利益比例，并超出了义务的义务。
Hence it is that history furnishes us with so many mortifying examples of the prevalency of foreign corruption in republican governments.
因此，历史为我们提供了许多共和政府中外国腐败盛行的令人羞愧的例子。
How much this contributed to the ruin of the ancient commonwealths has been already delineated.
这在多大程度上导致了古代国家的毁灭，我们已经描述过。
It is well known that the deputies of the United Provinces have, in various instances, been purchased by the emissaries of the neighboring kingdoms.
众所周知，联合省的代表在不同的情况下被邻国的使者收买。
The Earl of Chesterfield (if my memory serves me right), in a letter to his court, intimates that his success in an important negotiation must depend on his obtaining a major's commission for one of those deputies.
切斯特菲尔德伯爵（如果我没记错的话）在给法庭的一封信中暗示，他在一次重要谈判中的成功必须取决于他为其中一名代表获得少校的任命。
And in Sweden the parties were alternately bought by France and England in so barefaced and notorious a manner that it excited universal disgust in the nation, and was a principal cause that the most limited monarch in Europe, in a single day, without tumult, violence, or opposition, became one of the most absolute and uncontrolled.
在瑞典，政党轮流被法国和英国收买，其方式如此露骨和臭名昭著，引起了全国的普遍厌恶，这也是欧洲最受限制的君主在没有骚乱、暴力或反对的一天之内成为最绝对和不受控制的君主之一的主要原因。
A circumstance which crowns the defects of the Confederation remains yet to be mentioned, the want of a judiciary power.
一个弥补联邦缺陷的情况还有待提及，那就是缺乏司法权。
Laws are a dead letter without courts to expound and define their true meaning and operation.
如果没有法院来阐明和定义法律的真正含义和运作，法律就是一纸空文。
The treaties of the United States, to have any force at all, must be considered as part of the law of the land.
美国的条约要想具有任何效力，就必须被视为该国法律的一部分。
Their true import, as far as respects individuals, must, like all other laws, be ascertained by judicial determinations.
就尊重个人而言，它们的真正重要性必须像所有其他法律一样，通过司法裁决来确定。
To produce uniformity in these determinations, they ought to be submitted, in the last resort, to one SUPREME TRIBUNAL.
为了使这些决定保持一致，作为最后手段，它们应该提交给一个最高法庭。
And this tribunal ought to be instituted under the same authority which forms the treaties themselves.
该法庭的设立应与条约本身具有相同的权力。
These ingredients are both indispensable.
这些成分缺一不可。
If there is in each State a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts.
如果每个州都有一个具有最终管辖权的法院，那么对同一问题可能会有与法院数量一样多的不同最终裁决。
There are endless diversities in the opinions of men.
人们的观点存在无穷无尽的分歧。
We often see not only different courts but the judges of the came court differing from each other.
我们经常看到，不仅不同的法庭，而且法庭的法官也各不相同。
To avoid the confusion which would unavoidably result from the contradictory decisions of a number of independent judicatories, all nations have found it necessary to establish one court paramount to the rest, possessing a general superintendence, and authorized to settle and declare in the last resort a uniform rule of civil justice.
为了避免多个独立司法机构相互矛盾的裁决不可避免地造成的混乱，所有国家都认为有必要建立一个高于其他法院的法院，拥有总体监督权，并有权在最后手段下解决和宣布统一的民事司法规则。
This is the more necessary where the frame of the government is so compounded that the laws of the whole are in danger of being contravened by the laws of the parts.
当政府结构如此复杂以致整体法律有被局部法律违反的危险时，这一点就更为必要。
In this case, if the particular tribunals are invested with a right of ultimate jurisdiction, besides the contradictions to be expected from difference of opinion, there will be much to fear from the bias of local views and prejudices, and from the interference of local regulations.
在这种情况下，如果赋予特定法庭最终管辖权，除了因意见分歧而产生的矛盾之外，更要担心地方观点和偏见的偏见以及地方法规的干扰。
As often as such an interference was to happen, there would be reason to apprehend that the provisions of the particular laws might be preferred to those of the general laws; for nothing is more natural to men in office than to look with peculiar deference towards that authority to which they owe their official existence.
当这种干扰经常发生时，就有理由担心特定法律的规定可能优于一般法律的规定；因为对于担任公职的人来说，没有什么比以特别的敬意看待他们赖以存在的官方权威更自然的了。
The treaties of the United States, under the present Constitution, are liable to the infractions of thirteen different legislatures, and as many different courts of final jurisdiction, acting under the authority of those legislatures.
根据现行宪法，美国条约可能会受到十三个不同立法机构以及在这些立法机构授权下行事的许多具有最终管辖权的不同法院的违反。
The faith, the reputation, the peace of the whole Union, are thus continually at the mercy of the prejudices, the passions, and the interests of every member of which it is composed.
因此，整个联邦的信仰、声誉和和平，不断受到组成该联邦的每个成员的偏见、激情和利益的摆布。
Is it possible that foreign nations can either respect or confide in such a government?
这样的政府能否得到外国的尊重和信任呢？
Is it possible that the people of America will longer consent to trust their honor, their happiness, their safety, on so precarious a foundation?
美国人民是否有可能不再同意将他们的荣誉、幸福、安全建立在如此不稳定的基础上？
In this review of the Confederation, I have confined myself to the exhibition of its most material defects; passing over those imperfections in its details by which even a great part of the power intended to be conferred upon it has been in a great measure rendered abortive.
在这篇对联邦的评论中，我仅限于展示其最重要的缺陷；忽略其细节上的缺陷，由于这些缺陷，甚至打算授予它的大部分权力在很大程度上都流产了。
It must be by this time evident to all men of reflection, who can divest themselves of the prepossessions of preconceived opinions, that it is a system so radically vicious and unsound, as to admit not of amendment but by an entire change in its leading features and characters.
到了这个时候，对于所有能够摆脱先入为主的观点的反思者来说，这一点肯定是显而易见的，这是一个极其邪恶和不健全的体系，以至于不允许修正，而是允许其主要特征和特征发生彻底的改变。
The organization of Congress is itself utterly improper for the exercise of those powers which are necessary to be deposited in the Union.
国会的组织本身完全不适合行使那些必须交由联邦保管的权力。
A single assembly may be a proper receptacle of those slender, or rather fettered, authorities, which have been heretofore delegated to the federal head; but it would be inconsistent with all the principles of good government, to intrust it with those additional powers which, even the moderate and more rational adversaries of the proposed Constitution admit, ought to reside in the United States.
一个单一的议会可能是那些薄弱的，或者更确切地说是受束缚的权力的适当容器，这些权力迄今为止一直被委托给联邦元首。但是，赋予它额外的权力，即使是拟议宪法的温和和更理性的反对者也承认，这些权力应该属于美国，这与善政的所有原则是不一致的。
If that plan should not be adopted, and if the necessity of the Union should be able to withstand the ambitious aims of those men who may indulge magnificent schemes of personal aggrandizement from its dissolution, the probability would be, that we should run into the project of conferring supplementary powers upon Congress, as they are now constituted; and either the machine, from the intrinsic feebleness of its structure, will moulder into pieces, in spite of our ill-judged efforts to prop it; or, by successive augmentations of its force an energy, as necessity might prompt, we shall finally accumulate, in a single body, all the most important prerogatives of sovereignty, and thus entail upon our posterity one of the most execrable forms of government that human infatuation ever contrived.
如果该计划不被通过，如果联邦的必要性能够承受那些可能因联邦解散而沉迷于个人扩张的宏伟计划的人的雄心勃勃的目标，那么我们很可能会遇到向国会授予补充权力的计划，就像它们现在的组成一样；要么，尽管我们做出了错误的努力来支撑机器，但由于其结构本身的脆弱性，它会腐烂成碎片；或者，根据需要，通过不断增强其力量和能量，我们最终将在一个单一机构中积累所有最重要的主权特权，从而为我们的子孙后代带来人类迷恋所设计的最可恶的政府形式之一。
Thus, we should create in reality that very tyranny which the adversaries of the new Constitution either are, or affect to be, solicitous to avert.
因此，我们应该在现实中创造新宪法的反对者极力想要避免的暴政。
It has not a little contributed to the infirmities of the existing federal system, that it never had a ratification by the PEOPLE.
它从未得到人民的批准，这在很大程度上加剧了现有联邦制度的弱点。
Resting on no better foundation than the consent of the several legislatures, it has been exposed to frequent and intricate questions concerning the validity of its powers, and has, in some instances, given birth to the enormous doctrine of a right of legislative repeal.
它的基础只是几个立法机关的同意，因此经常面临有关其权力有效性的复杂问题，并且在某些情况下催生了立法废除权的巨大学说。
Owing its ratification to the law of a State, it has been contended that the same authority might repeal the law by which it was ratified.
由于该公约是根据一国法律批准的，因此有人认为同一机构可以废除批准该公约所依据的法律。
However gross a heresy it may be to maintain that a PARTY to a COMPACT has a right to revoke that COMPACT, the doctrine itself has had respectable advocates.
无论坚持契约一方有权撤销契约的观点多么严重，该学说本身都有令人尊敬的拥护者。
The possibility of a question of this nature proves the necessity of laying the foundations of our national government deeper than in the mere sanction of delegated authority.
这种性质问题的可能性证明，有必要为我们的国家政府奠定比单纯授权授权更深入的基础。
The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE.
美利坚帝国的结构应该建立在人民同意的坚实基础上。
The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.
国家权力的源泉应该立即从所有合法权威的纯净、原始的源泉中流出。
PUBLIUS
普布利乌斯
1.
1.
This, as nearly as I can recollect, was the sense of his speech on introducing the last bill.
据我所知，这就是他在介绍最后一项法案时的讲话的主旨。
2.
2.
Encyclopedia, article "Empire."
百科全书，文章“帝国”。
3.
3.
New Hampshire, Rhode Island, New Jersey, Delaware, Georgia, South Carolina, and Maryland are a majority of the whole number of the States, but they do not contain one third of the people.
新罕布什尔州、罗德岛州、新泽西州、特拉华州、佐治亚州、南卡罗来纳州和马里兰州占州总数的大多数，但人口不到三分之一。
4.
4.
Add New York and Connecticut to the foregoing seven, and they will be less than a majority.
将纽约和康涅狄格州添加到上述七个州中，它们将少于多数。
FEDERALIST No. 23
联邦党人文集第23号
The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union
需要一个像提议的那样充满活力的政府来维护联邦
From the New York Packet.
来自纽约邮包。
Tuesday, December 18, 1787.
1787 年 12 月 18 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE necessity of a Constitution, at least equally energetic with the one proposed, to the preservation of the Union, is the point at the examination of which we are now arrived.
为了维护联邦，一部宪法的必要性，至少与所提议的宪法同样有力，是我们现在要讨论的重点。
This inquiry will naturally divide itself into three branches--the objects to be provided for by the federal government, the quantity of power necessary to the accomplishment of those objects, the persons upon whom that power ought to operate.
这一调查自然会分为三个分支——联邦政府要规定的目标、实现这些目标所需的权力数量、权力应该对谁起作用。
Its distribution and organization will more properly claim our attention under the succeeding head.
在继任者的领导下，它的分布和组织将更恰当地引起我们的注意。
The principal purposes to be answered by union are these--the common defense of the members; the preservation of the public peace as well against internal convulsions as external attacks; the regulation of commerce with other nations and between the States; the superintendence of our intercourse, political and commercial, with foreign countries.
工会要实现的主要目的是：会员的共同保卫；维护公共和平以及抵御内部动乱和外部攻击；与其他国家以及国家之间的商业监管；监督我们与外国的政治和商业往来。
The authorities essential to the common defense are these: to raise armies; to build and equip fleets; to prescribe rules for the government of both; to direct their operations; to provide for their support.
共同防御所必需的权力是： 征集军队；建造和装备舰队；为双方政府制定规则；指导他们的行动；提供他们的支持。
These powers ought to exist without limitation, BECAUSE IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM.
这些权力应该不受限制地存在，因为不可能预见或界定国家紧急情况的范围和种类，或者满足这些紧急情况所需手段的相应范围和种类。
The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed.
危及国家安全的情况是无限的，因此，不能明智地对负责照管的权力施加任何宪法束缚。
This power ought to be coextensive with all the possible combinations of such circumstances; and ought to be under the direction of the same councils which are appointed to preside over the common defense.
这种权力应当与此类情况的所有可能组合具有同等的范围；并且应该接受被任命主持共同防御的同一个委员会的指导。
This is one of those truths which, to a correct and unprejudiced mind, carries its own evidence along with it; and may be obscured, but cannot be made plainer by argument or reasoning.
对于一个正确且不带偏见的头脑来说，这是有其自身证据的真理之一。可能会变得模糊，但不能通过论证或推理变得更清楚。
It rests upon axioms as simple as they are universal; the MEANS ought to be proportioned to the END; the persons, from whose agency the attainment of any END is expected, ought to possess the MEANS by which it is to be attained.
它建立在简单而又普遍的公理之上。手段应该与目的相称；期望通过其机构实现任何最终目标的人应该拥有实现该目标的手段。
Whether there ought to be a federal government intrusted with the care of the common defense, is a question in the first instance, open for discussion; but the moment it is decided in the affirmative, it will follow, that that government ought to be clothed with all the powers requisite to complete execution of its trust.
是否应该有一个联邦政府来负责共同防御，这首先是一个可以讨论的问题；但是，一旦做出肯定的决定，政府就应该拥有完成履行其委托所需的所有权力。
And unless it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits; unless the contrary of this position can be fairly and rationally disputed, it must be admitted, as a necessary consequence, that there can be no limitation of that authority which is to provide for the defense and protection of the community, in any matter essential to its efficacy that is, in any matter essential to the FORMATION, DIRECTION, or SUPPORT of the NATIONAL FORCES.
除非能够证明可能影响公共安全的情况可以在一定限度内减少；除非可以公平合理地对这一立场的反面提出争议，否则必须承认，作为必然结果，在任何对其效力至关重要的事项上，即在对国家军队的组建、指挥或支持至关重要的任何事项上，对旨在保卫和保护共同体的权力不存在任何限制。
Defective as the present Confederation has been proved to be, this principle appears to have been fully recognized by the framers of it; though they have not made proper or adequate provision for its exercise.
尽管目前的联邦已被证明是有缺陷的，但这一原则似乎已被其制定者充分认识到。尽管他们没有为其行使制定适当或充分的规定。
Congress have an unlimited discretion to make requisitions of men and money; to govern the army and navy; to direct their operations.
国会拥有无限的自由裁量权来征用人员和资金；管理陆军和海军；指导他们的行动。
As their requisitions are made constitutionally binding upon the States, who are in fact under the most solemn obligations to furnish the supplies required of them, the intention evidently was that the United States should command whatever resources were by them judged requisite to the "common defense and general welfare." It was presumed that a sense of their true interests, and a regard to the dictates of good faith, would be found sufficient pledges for the punctual performance of the duty of the members to the federal head.
由于它们的请求对各州具有宪法约束力，而各州实际上负有提供它们所需物资的最庄严的义务，其意图显然是美国应该指挥它们认为“共同防御和普遍福利”所需的任何资源。据推测，成员们对自己的真正利益的认识以及对善意要求的尊重，足以保证成员们准时履行对联邦元首的职责。
The experiment has, however, demonstrated that this expectation was ill-founded and illusory; and the observations, made under the last head, will, I imagine, have sufficed to convince the impartial and discerning, that there is an absolute necessity for an entire change in the first principles of the system; that if we are in earnest about giving the Union energy and duration, we must abandon the vain project of legislating upon the States in their collective capacities; we must extend the laws of the federal government to the individual citizens of America; we must discard the fallacious scheme of quotas and requisitions, as equally impracticable and unjust.
然而，实验证明这种期望是没有根据的，而且是虚幻的。我想，在最后一个标题下所做的观察将足以让公正和有洞察力的人相信，绝对有必要对系统的首要原则进行彻底的改变；如果我们真心希望给予欧盟活力和持续时间，我们就必须放弃以集体身份对各州立法的徒劳计划；我们必须将联邦政府的法律延伸至美国公民个人；我们必须放弃错误的配额和征用计划，因为它同样不切实际且不公正。
The result from all this is that the Union ought to be invested with full power to levy troops; to build and equip fleets; and to raise the revenues which will be required for the formation and support of an army and navy, in the customary and ordinary modes practiced in other governments.
所有这一切的结果是，联邦应该被赋予充分的征兵权；建造和装备舰队；并以其他政府惯用的方式筹集组建和支持陆军和海军所需的收入。
If the circumstances of our country are such as to demand a compound instead of a simple, a confederate instead of a sole, government, the essential point which will remain to be adjusted will be to discriminate the OBJECTS, as far as it can be done, which shall appertain to the different provinces or departments of power; allowing to each the most ample authority for fulfilling the objects committed to its charge.
如果我国的情况需要一个复合政府而不是一个简单政府，一个联盟政府而不是单一政府，那么仍然需要调整的要点将是尽可能区分对象，这应属于不同的省或权力部门；给予每个人最充分的权力来实现其负责的目标。
Shall the Union be constituted the guardian of the common safety?
联盟是否应该成为共同安全的守护者？
Are fleets and armies and revenues necessary to this purpose?
为此目的需要舰队、军队和收入吗？
The government of the Union must be empowered to pass all laws, and to make all regulations which have relation to them.
联邦政府必须有权通过所有法律，并制定与其相关的所有法规。
The same must be the case in respect to commerce, and to every other matter to which its jurisdiction is permitted to extend.
对于商业以及允许其管辖权延伸的所有其他事项，情况也必须如此。
Is the administration of justice between the citizens of the same State the proper department of the local governments?
同一州公民之间的司法行政是地方政府的主管部门吗？
These must possess all the authorities which are connected with this object, and with every other that may be allotted to their particular cognizance and direction.
他们必须拥有与该目标以及可能分配给他们特定认知和指导的所有其他目标相关的所有权力。
Not to confer in each case a degree of power commensurate to the end, would be to violate the most obvious rules of prudence and propriety, and improvidently to trust the great interests of the nation to hands which are disabled from managing them with vigor and success.
在每种情况下，如果不赋予与最终结果相称的一定程度的权力，就违反了最明显的审慎和适当的规则，并且轻率地将国家的重大利益托付给那些无法有力和成功地管理这些利益的人。
Who is likely to make suitable provisions for the public defense, as that body to which the guardianship of the public safety is confided; which, as the centre of information, will best understand the extent and urgency of the dangers that threaten; as the representative of the WHOLE, will feel itself most deeply interested in the preservation of every part; which, from the responsibility implied in the duty assigned to it, will be most sensibly impressed with the necessity of proper exertions; and which, by the extension of its authority throughout the States, can alone establish uniformity and concert in the plans and measures by which the common safety is to be secured?
谁有可能为公共防卫制定适当的规定，作为负责公共安全监护的机构；作为信息中心，它将最好地了解所威胁的危险的程度和紧迫性；作为整体的代表，会感到自己对保护每个部分最感兴趣；从分配给它的职责中隐含的责任来看，它会最明显地感受到适当努力的必要性；通过将其权力扩展到各州，仅靠哪个国家就可以在确保共同安全的计划和措施中建立统一和协调？
Is there not a manifest inconsistency in devolving upon the federal government the care of the general defense, and leaving in the State governments the EFFECTIVE powers by which it is to be provided for?
将一般防务的职责移交给联邦政府，而将提供防务的有效权力留给州政府，这难道不是明显的矛盾吗？
Is not a want of co-operation the infallible consequence of such a system?
这种制度的必然结果难道不是缺乏合作吗？
And will not weakness, disorder, an undue distribution of the burdens and calamities of war, an unnecessary and intolerable increase of expense, be its natural and inevitable concomitants?
虚弱、混乱、战争负担和灾难的不适当分配、不必要的和难以忍受的开支增加，难道不是它自然而不可避免的伴随物吗？
Have we not had unequivocal experience of its effects in the course of the revolution which we have just accomplished?
在我们刚刚完成的革命过程中，我们难道没有清楚地体验过它的影响吗？
Every view we may take of the subject, as candid inquirers after truth, will serve to convince us, that it is both unwise and dangerous to deny the federal government an unconfined authority, as to all those objects which are intrusted to its management.
作为追求真理的坦率探询者，我们对这个主题的每一种观点都将有助于让我们相信，否认联邦政府对所有委托其管理的对象拥有不受限制的权力，既不明智又危险。
It will indeed deserve the most vigilant and careful attention of the people, to see that it be modeled in such a manner as to admit of its being safely vested with the requisite powers.
它确实值得人们最警惕和仔细的关注，以确保它以承认其被安全地赋予必要权力的方式建模。
If any plan which has been, or may be, offered to our consideration, should not, upon a dispassionate inspection, be found to answer this description, it ought to be rejected.
如果任何已经或可能提供给我们考虑的计划，经过冷静的检查后，发现不符合这种描述，那么它应该被拒绝。
A government, the constitution of which renders it unfit to be trusted with all the powers which a free people ought to delegate to any government, would be an unsafe and improper depositary of the NATIONAL INTERESTS.
如果一个政府的宪法规定它不适合被信任拥有自由人民应委托给任何政府的所有权力，那么它就会成为国家利益的不安全和不适当的保管人。
Wherever THESE can with propriety be confided, the coincident powers may safely accompany them.
只要可以适当地透露这些内容，一致的权力就可以安全地伴随着它们。
This is the true result of all just reasoning upon the subject.
这是对该主题的所有公正推理的真实结果。
And the adversaries of the plan promulgated by the convention ought to have confined themselves to showing, that the internal structure of the proposed government was such as to render it unworthy of the confidence of the people.
大会颁布的计划的反对者应该仅限于表明，拟议政府的内部结构使其不值得人民信任。
They ought not to have wandered into inflammatory declamations and unmeaning cavils about the extent of the powers.
他们不应该对权力的范围发表煽动性的言论和毫无意义的挑剔。
The POWERS are not too extensive for the OBJECTS of federal administration, or, in other words, for the management of our NATIONAL INTERESTS; nor can any satisfactory argument be framed to show that they are chargeable with such an excess.
对于联邦政府的目标，或者换句话说，对于管理我们的国家利益来说，这些权力并不太广泛；也无法提出任何令人满意的论据来表明他们应对如此超额的行为负责。
If it be true, as has been insinuated by some of the writers on the other side, that the difficulty arises from the nature of the thing, and that the extent of the country will not permit us to form a government in which such ample powers can safely be reposed, it would prove that we ought to contract our views, and resort to the expedient of separate confederacies, which will move within more practicable spheres.
如果真像另一方的一些作者所暗示的那样，困难是由事情的性质引起的，而且国家的范围不允许我们组建一个可以安全地拥有如此充足权力的政府，那么这将证明我们应该收缩我们的观点，并诉诸于单独的联盟的权宜之计，这将在更切实可行的范围内运作。
For the absurdity must continually stare us in the face of confiding to a government the direction of the most essential national interests, without daring to trust it to the authorities which are indispensable to their proper and efficient management.
因为，当我们将最根本的国家利益的方向托付给政府时，却不敢将其托付给当局，而当局对于政府的适当和有效的管理来说是必不可少的，这种荒谬必然不断地出现在我们面前。
Let us not attempt to reconcile contradictions, but firmly embrace a rational alternative.
让我们不要试图调和矛盾，而是坚定地拥抱理性的选择。
I trust, however, that the impracticability of one general system cannot be shown.
然而，我相信，无法证明一种通用系统的不实用性。
I am greatly mistaken, if any thing of weight has yet been advanced of this tendency; and I flatter myself, that the observations which have been made in the course of these papers have served to place the reverse of that position in as clear a light as any matter still in the womb of time and experience can be susceptible of.
如果说有任何重要的事情还没有出现这种趋势，那我就大错特错了。我自以为，在这些论文中所做的观察已经使这一立场的相反观点变得清晰起来，就像任何仍处于时间和经验子宫中的事物一样清晰可见。
This, at all events, must be evident, that the very difficulty itself, drawn from the extent of the country, is the strongest argument in favor of an energetic government; for any other can certainly never preserve the Union of so large an empire.
无论如何，这一点必须是显而易见的，即由于国家的面积而产生的困难本身就是支持一个充满活力的政府的最有力的论据；因为任何其他国家肯定都无法维持如此庞大帝国的联盟。
If we embrace the tenets of those who oppose the adoption of the proposed Constitution, as the standard of our political creed, we cannot fail to verify the gloomy doctrines which predict the impracticability of a national system pervading entire limits of the present Confederacy.
如果我们接受那些反对通过拟议宪法的人的信条，将其作为我们政治信条的标准，我们就不能不验证那些悲观的学说，这些学说预示着一个遍布当前邦联整个边界的国家制度是不切实际的。
PUBLIUS
普布利乌斯
FEDERALIST No. 24
联邦党人文集第24号
The Powers Necessary to the Common Defense Further Considered
进一步考虑共同防御所需的权力
For the Independent Journal.
对于独立杂志。
Wednesday, December 19, 1787
1787 年 12 月 19 日，星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
TO THE powers proposed to be conferred upon the federal government, in respect to the creation and direction of the national forces, I have met with but one specific objection, which, if I understand it right, is this, that proper provision has not been made against the existence of standing armies in time of peace; an objection which, I shall now endeavor to show, rests on weak and unsubstantial foundations.
对于拟授予联邦政府的关于国家军队的组建和指挥的权力，我只遇到了一个具体的反对意见，如果我理解正确的话，那就是，没有对和平时期常备军的存在作出适当的规定；我现在将尽力表明这一反对意见的基础薄弱且缺乏实质性。
It has indeed been brought forward in the most vague and general form, supported only by bold assertions, without the appearance of argument; without even the sanction of theoretical opinions; in contradiction to the practice of other free nations, and to the general sense of America, as expressed in most of the existing constitutions.
它确实是以最模糊、最笼统的形式提出的，只有大胆的断言来支持，没有出现任何争论；甚至没有理论观点的认可；这与其他自由国家的做法相矛盾，也与大多数现行宪法所表达的美国的一般意义相矛盾。
The proprietary of this remark will appear, the moment it is recollected that the objection under consideration turns upon a supposed necessity of restraining the LEGISLATIVE authority of the nation, in the article of military establishments; a principle unheard of, except in one or two of our State constitutions, and rejected in all the rest.
一旦回想起所考虑的反对意见是在军事机构条款中限制国家立法权的假定必要性，这一言论的专有性就会出现；除了我们的一两个州宪法之外，这一原则闻所未闻，而在其他所有州宪法中都被拒绝了。
A stranger to our politics, who was to read our newspapers at the present juncture, without having previously inspected the plan reported by the convention, would be naturally led to one of two conclusions: either that it contained a positive injunction, that standing armies should be kept up in time of peace; or that it vested in the EXECUTIVE the whole power of levying troops, without subjecting his discretion, in any shape, to the control of the legislature.
一个对我们的政治不熟悉的人，在没有事先检查过大会报告的计划的情况下，在当前这个时刻阅读我们的报纸，自然会得出两个结论之一：要么它包含一个积极的禁令，即和平时期应该保留常备军；要么它包含一个积极的命令，即在和平时期应该保留常备军；要么它包含一个积极的命令，即在和平时期应该保留常备军；要么它包含一个积极的命令，即在和平时期应该保留常备军；要么它包含一个积极的命令，即在和平时期应该保留常备军；要么它包含一个积极的命令，即在和平时期应该保留常备军。或者它赋予行政机关征兵的全部权力，而不受立法机关任何形式的自由裁量权的控制。
If he came afterwards to peruse the plan itself, he would be surprised to discover, that neither the one nor the other was the case; that the whole power of raising armies was lodged in the LEGISLATURE, not in the EXECUTIVE; that this legislature was to be a popular body, consisting of the representatives of the people periodically elected; and that instead of the provision he had supposed in favor of standing armies, there was to be found, in respect to this object, an important qualification even of the legislative discretion, in that clause which forbids the appropriation of money for the support of an army for any longer period than two years a precaution which, upon a nearer view of it, will appear to be a great and real security against the keeping up of troops without evident necessity.
如果他事后仔细研究这个计划，他会惊讶地发现，无论是前者还是后者，都不是这样的；征集军队的全部权力属于立法机关，而不是行政机关；该立法机关是一个人民机构，由定期选举产生的人民代表组成；与他所设想的有利于常备军的条款不同的是，就这一目标而言，甚至在立法自由裁量权方面也有一个重要的限制，该条款禁止拨款支持军队超过两年，这是一种预防措施，仔细观察，这似乎是一项巨大而真正的保障，可以防止在没有明显必要的情况下保留军队。
Disappointed in his first surmise, the person I have supposed would be apt to pursue his conjectures a little further.
我认为这个人对他的第一个猜测感到失望，他会倾向于进一步推进他的猜想。
He would naturally say to himself, it is impossible that all this vehement and pathetic declamation can be without some colorable pretext.
他自然会对自己说，所有这些激烈而可悲的言论不可能没有一些色彩斑斓的借口。
It must needs be that this people, so jealous of their liberties, have, in all the preceding models of the constitutions which they have established, inserted the most precise and rigid precautions on this point, the omission of which, in the new plan, has given birth to all this apprehension and clamor.
肯定需要的是，这个人民如此嫉妒他们的自由，在他们所建立的所有先前的宪法模式中，都在这一点上插入了最精确和严格的预防措施，而在新计划中，这些措施的遗漏，引发了所有这些忧虑和喧嚣。
If, under this impression, he proceeded to pass in review the several State constitutions, how great would be his disappointment to find that TWO ONLY of them(1) contained an interdiction of standing armies in time of peace; that the other eleven had either observed a profound silence on the subject, or had in express terms admitted the right of the Legislature to authorize their existence.
如果在这种印象下，他继续审查几部州宪法，他会多么失望地发现其中只有两部宪法（1）包含了和平时期禁止常备军的规定；其他十一个成员要么在这个问题上保持沉默，要么明确承认立法机关有权授权他们的存在。
Still, however he would be persuaded that there must be some plausible foundation for the cry raised on this head.
尽管如此，他还是会相信，在这个头上提出的呼声一定有一些合理的基础。
He would never be able to imagine, while any source of information remained unexplored, that it was nothing more than an experiment upon the public credulity, dictated either by a deliberate intention to deceive, or by the overflowings of a zeal too intemperate to be ingenuous.
他永远无法想象，在任何信息来源尚未被探索的情况下，这只不过是对公众轻信的一次实验，这种轻信要么是出于故意欺骗的意图，要么是出于过分的热情而无法天真。
It would probably occur to him, that he would be likely to find the precautions he was in search of in the primitive compact between the States.
他可能会想到，他很可能会在各州之间的原始契约中找到他正在寻找的预防措施。
Here, at length, he would expect to meet with a solution of the enigma.
在这里，他最终希望能找到这个谜团的答案。
No doubt, he would observe to himself, the existing Confederation must contain the most explicit provisions against military establishments in time of peace; and a departure from this model, in a favorite point, has occasioned the discontent which appears to influence these political champions.
毫无疑问，他对自己说，现有的联邦必须包含最明确的规定，禁止在和平时期建立军事设施；最喜欢的一点是，偏离这种模式会引起不满，这似乎影响了这些政治拥护者。
If he should now apply himself to a careful and critical survey of the articles of Confederation, his astonishment would not only be increased, but would acquire a mixture of indignation, at the unexpected discovery, that these articles, instead of containing the prohibition he looked for, and though they had, with jealous circumspection, restricted the authority of the State legislatures in this particular, had not imposed a single restraint on that of the United States.
如果他现在对邦联的条款进行仔细和批判性的研究，他不仅会更加惊讶，而且会感到一种愤怒，因为他意外地发现这些条款并没有包含他所寻求的禁令，尽管它们谨慎地限制了州立法机关在这方面的权力，却没有对合众国的权力施加任何限制。
If he happened to be a man of quick sensibility, or ardent temper, he could now no longer refrain from regarding these clamors as the dishonest artifices of a sinister and unprincipled opposition to a plan which ought at least to receive a fair and candid examination from all sincere lovers of their country!
如果他碰巧是一个敏感的人，或者脾气暴躁的人，他现在就不能再克制不住地把这些叫嚣视为邪恶的、无原则的反对计划的不诚实的伎俩，这个计划至少应该受到所有真诚的爱国者的公正和坦诚的审查！
How else, he would say, could the authors of them have been tempted to vent such loud censures upon that plan, about a point in which it seems to have conformed itself to the general sense of America as declared in its different forms of government, and in which it has even superadded a new and powerful guard unknown to any of them?
他会说，否则他们怎么可能会对这个计划发出如此强烈的谴责，因为它似乎符合美国不同政府形式所宣称的一般意识，甚至还增加了一个他们中任何人都不知道的新的、强大的警卫？
If, on the contrary, he happened to be a man of calm and dispassionate feelings, he would indulge a sigh for the frailty of human nature, and would lament, that in a matter so interesting to the happiness of millions, the true merits of the question should be perplexed and entangled by expedients so unfriendly to an impartial and right determination.
相反，如果他是一个感情冷静、冷静的人，他就会为人性的脆弱而叹息，并感叹，在一件关系到千百万人幸福的大事上，问题的真正意义竟然被如此不利于公正和正确决定的权宜之计所困惑和纠缠。
Even such a man could hardly forbear remarking, that a conduct of this kind has too much the appearance of an intention to mislead the people by alarming their passions, rather than to convince them by arguments addressed to their understandings.
即使是这样的人，也难免会说，这种行为太明显是想通过惊动人们的激情来误导他们，而不是通过针对他们的理解的论据来说服他们。
But however little this objection may be countenanced, even by precedents among ourselves, it may be satisfactory to take a nearer view of its intrinsic merits.
但是，无论这种反对意见很少得到支持，甚至我们之间也有先例，但更仔细地审视其内在优点可能会令人满意。
From a close examination it will appear that restraints upon the discretion of the legislature in respect to military establishments in time of peace, would be improper to be imposed, and if imposed, from the necessities of society, would be unlikely to be observed.
仔细审查就会发现，在和平时期对立法机关在军事设施方面的自由裁量权施加限制是不适当的，而且如果出于社会的需要而施加限制，也不太可能得到遵守。
Though a wide ocean separates the United States from Europe, yet there are various considerations that warn us against an excess of confidence or security.
尽管美国与欧洲相隔一望无际，但有各种考虑因素警告我们不要过度信任或安全。
On one side of us, and stretching far into our rear, are growing settlements subject to the dominion of Britain.
在我们的一侧，一直延伸到我们的后方，正在扩大受英国统治的定居点。
On the other side, and extending to meet the British settlements, are colonies and establishments subject to the dominion of Spain.
另一边，延伸到英国定居点的地方，是受西班牙统治的殖民地和机构。
This situation and the vicinity of the West India Islands, belonging to these two powers create between them, in respect to their American possessions and in relation to us, a common interest.
这种情况以及属于这两个国家的西印度群岛的邻近地区，在它们之间在美国的财产和与我们的关系方面创造了共同利益。
The savage tribes on our Western frontier ought to be regarded as our natural enemies, their natural allies, because they have most to fear from us, and most to hope from them.
我们西部边境的野蛮部落应该被视为我们的天敌，他们的天然盟友，因为他们最害怕我们，也最希望我们从他们身上得到希望。
The improvements in the art of navigation have, as to the facility of communication, rendered distant nations, in a great measure, neighbors.
航海技术的进步，就通讯设施而言，在很大程度上使遥远的国家成为邻居。
Britain and Spain are among the principal maritime powers of Europe.
英国和西班牙是欧洲主要海上强国之一。
A future concert of views between these nations ought not to be regarded as improbable.
未来这些国家之间意见一致不应该被认为是不可能的。
The increasing remoteness of consanguinity is every day diminishing the force of the family compact between France and Spain.
血缘关系的日益疏远正在日益削弱法国和西班牙之间的家庭契约的力量。
And politicians have ever with great reason considered the ties of blood as feeble and precarious links of political connection.
政治家们曾经有充分的理由认为血缘关系是政治联系中脆弱而不稳定的纽带。
These circumstances combined, admonish us not to be too sanguine in considering ourselves as entirely out of the reach of danger.
这些情况结合起来，告诫我们不要过于乐观地认为自己完全脱离了危险。
Previous to the Revolution, and ever since the peace, there has been a constant necessity for keeping small garrisons on our Western frontier.
在革命之前以及和平时期以来，一直有必要在我们的西部边境保留小规模的驻军。
No person can doubt that these will continue to be indispensable, if it should only be against the ravages and depredations of the Indians.
没有人会怀疑，如果只是为了对抗印第安人的蹂躏和掠夺，这些将继续是不可或缺的。
These garrisons must either be furnished by occasional detachments from the militia, or by permanent corps in the pay of the government.
这些驻军要么由民兵的临时分遣队提供，要么由政府支付的常备部队提供。
The first is impracticable; and if practicable, would be pernicious.
第一个是不切实际的；如果可行的话，将会是有害的。
The militia would not long, if at all, submit to be dragged from their occupations and families to perform that most disagreeable duty in times of profound peace.
民兵即使有的话，也不会长久地被迫离开自己的职业和家庭，在太平时期履行这项最令人讨厌的职责。
And if they could be prevailed upon or compelled to do it, the increased expense of a frequent rotation of service, and the loss of labor and disconcertion of the industrious pursuits of individuals, would form conclusive objections to the scheme.
如果他们能够被说服或被迫这样做，那么频繁轮换服务所增加的费用、劳动力的损失以及个人勤奋追求的混乱，将对该计划形成最终的反对意见。
It would be as burdensome and injurious to the public as ruinous to private citizens.
这对公众来说是沉重的负担和伤害，对普通公民来说也是毁灭性的。
The latter resource of permanent corps in the pay of the government amounts to a standing army in time of peace; a small one, indeed, but not the less real for being small.
政府支付的常备军资源相当于和平时期的常备军。确实很小，但并不因为小而不那么真实。
Here is a simple view of the subject, that shows us at once the impropriety of a constitutional interdiction of such establishments, and the necessity of leaving the matter to the discretion and prudence of the legislature.
这是对该主题的简单看法，它立即向我们表明宪法禁止此类机构的不妥之处，以及将此事留给立法机关酌情和审慎处理的必要性。
In proportion to our increase in strength, it is probable, nay, it may be said certain, that Britain and Spain would augment their military establishments in our neighborhood.
随着我们实力的增强，英国和西班牙很可能（不，可以说肯定是）增加他们在我们邻国的军事设施。
If we should not be willing to be exposed, in a naked and defenseless condition, to their insults and encroachments, we should find it expedient to increase our frontier garrisons in some ratio to the force by which our Western settlements might be annoyed.
如果我们不愿意在赤裸裸、手无寸铁的情况下遭受他们的侮辱和侵犯，我们就会发现，按照我们的西方定居点可能受到骚扰的力量的比例，增加我们的边境驻军是有利的。
There are, and will be, particular posts, the possession of which will include the command of large districts of territory, and facilitate future invasions of the remainder.
现在和将来都会有特定的职位，拥有这些职位将包括指挥大片地区的领土，并为未来对其余地区的入侵提供便利。
It may be added that some of those posts will be keys to the trade with the Indian nations.
可以补充的是，其中一些职位将成为与印度国家贸易的关键。
Can any man think it would be wise to leave such posts in a situation to be at any instant seized by one or the other of two neighboring and formidable powers?
有人会认为在这样的情况下留下这样的职位是明智的吗？这样的情况随时都会被两个邻近的强大国家中的一个或另一个夺取。
To act this part would be to desert all the usual maxims of prudence and policy.
采取这一行动将意味着放弃所有通常的谨慎和政策格言。
If we mean to be a commercial people, or even to be secure on our Atlantic side, we must endeavor, as soon as possible, to have a navy.
如果我们想成为一个商业民族，甚至是为了确保大西洋一侧的安全，我们就必须努力尽快拥有一支海军。
To this purpose there must be dock-yards and arsenals; and for the defense of these, fortifications, and probably garrisons.
为此，必须有船坞和军火库；为了防御这些防御工事，可能还有驻军。
When a nation has become so powerful by sea that it can protect its dock-yards by its fleets, this supersedes the necessity of garrisons for that purpose; but where naval establishments are in their infancy, moderate garrisons will, in all likelihood, be found an indispensable security against descents for the destruction of the arsenals and dock-yards, and sometimes of the fleet itself.
当一个国家在海上变得如此强大，以至于可以用舰队保护其船坞时，这就取代了为此目的而驻军的必要性；但在海军机构尚处于起步阶段的地方，中等驻军很可能成为不可或缺的安全保障，以防止军火库和船坞、有时甚至是舰队本身遭到破坏。
PUBLIUS
普布利乌斯
1 This statement of the matter is taken from the printed collection of State constitutions.
1 该事项的陈述摘自各州宪法印刷集。
Pennsylvania and North Carolina are the two which contain the interdiction in these words: "As standing armies in time of peace are dangerous to liberty, THEY OUGHT NOT to be kept up." This is, in truth, rather a CAUTION than a PROHIBITION.
宾夕法尼亚州和北卡罗来纳州是两个包含以下禁令的州：“由于和平时期的常备军对自由构成危险，因此不应保留它们。”事实上，这与其说是禁止，不如说是警告。
New Hampshire, Massachusetts, Delaware, and Maryland have, in each of their bills of rights, a clause to this effect: "Standing armies are dangerous to liberty, and ought not to be raised or kept up WITHOUT THE CONSENT OF THE LEGISLATURE"; which is a formal admission of the authority of the Legislature.
新罕布什尔州、马萨诸塞州、特拉华州和马里兰州在各自的权利法案中都有这样的条款：“常备军对自由是危险的，未经立法机关同意，不应征召或维持常备军”；这是对立法机关权威的正式承认。
New York has no bills of rights, and her constitution says not a word about the matter.
纽约没有权利法案，她的宪法也没有提及此事。
No bills of rights appear annexed to the constitutions of the other States, except the foregoing, and their constitutions are equally silent.
除上述内容外，其他州的宪法中似乎没有附加任何权利法案，而且它们的宪法也同样保持沉默。
I am told, however that one or two States have bills of rights which do not appear in this collection; but that those also recognize the right of the legislative authority in this respect.
然而，有人告诉我，有一两个州制定了权利法案，但没有出现在这本汇编中；但这些也承认立法机关在这方面的权利。
FEDERALIST No. 25
联邦党人文集第25号
The Same Subject Continued (The Powers Necessary to the Common Defense Further Considered)
同一主题继续（进一步考虑共同防御所需的权力）
From the New York Packet.
来自纽约邮包。
Friday, December 21, 1787.
1787 年 12 月 21 日，星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IT MAY perhaps be urged that the objects enumerated in the preceding number ought to be provided for by the State governments, under the direction of the Union.
也许有人会敦促，前面列举的目标应该由州政府在联邦的指导下规定。
But this would be, in reality, an inversion of the primary principle of our political association, as it would in practice transfer the care of the common defense from the federal head to the individual members: a project oppressive to some States, dangerous to all, and baneful to the Confederacy.
但这实际上是对我们政治联盟基本原则的颠倒，因为它实际上会将共同防御的职责从联邦首脑转移到个别成员身上：这是一个对某些州造成压迫、对所有州都危险、对邦联有害的计划。
The territories of Britain, Spain, and of the Indian nations in our neighborhood do not border on particular States, but encircle the Union from Maine to Georgia.
英国、西班牙和我们邻近的印第安国家的领土并不与特定州接壤，而是从缅因州到乔治亚州包围着联邦。
The danger, though in different degrees, is therefore common.
因此，这种危险虽然程度不同，但却是普遍存在的。
And the means of guarding against it ought, in like manner, to be the objects of common councils and of a common treasury.
同样，防范这种情况的手段也应该成为共同议会和共同金库的目标。
It happens that some States, from local situation, are more directly exposed.
恰恰有一些州，从当地情况来看，暴露得更直接。
New York is of this class.
纽约属于此类。
Upon the plan of separate provisions, New York would have to sustain the whole weight of the establishments requisite to her immediate safety, and to the mediate or ultimate protection of her neighbors.
根据单独规定的计划，纽约将必须维持其直接安全以及对其邻居的中间或最终保护所必需的全部设施的重量。
This would neither be equitable as it respected New York nor safe as it respected the other States.
这既不公平，因为它尊重纽约，也不安全，因为它尊重其他州。
Various inconveniences would attend such a system.
这种系统会带来各种不便。
The States, to whose lot it might fall to support the necessary establishments, would be as little able as willing, for a considerable time to come, to bear the burden of competent provisions.
各国可能有责任支持必要的机构，但在未来相当长的一段时间内，它们将几乎没有能力或愿意承担主管规定的负担。
The security of all would thus be subjected to the parsimony, improvidence, or inability of a part.
因此，所有人的安全都会受到一方的吝啬、短视或无能的影响。
If the resources of such part becoming more abundant and extensive, its provisions should be proportionally enlarged, the other States would quickly take the alarm at seeing the whole military force of the Union in the hands of two or three of its members, and those probably amongst the most powerful.
如果这部分的资源变得更加丰富和广泛，其规定也应按比例扩大，其他国家很快就会因看到联盟的全部军事力量掌握在其两三个成员手中，而且可能是最强大的成员手中而感到震惊。
They would each choose to have some counterpoise, and pretenses could easily be contrived.
他们每个人都会选择拥有一些平衡点，而假装很容易被捏造。
In this situation, military establishments, nourished by mutual jealousy, would be apt to swell beyond their natural or proper size; and being at the separate disposal of the members, they would be engines for the abridgment or demolition of the national authority.
在这种情况下，军事机构在相互嫉妒的滋养下，很容易膨胀到超出其自然或适当的规模；由于它们由成员单独支配，它们将成为削减或摧毁国家权力的引擎。
Reasons have been already given to induce a supposition that the State governments will too naturally be prone to a rivalship with that of the Union, the foundation of which will be the love of power; and that in any contest between the federal head and one of its members the people will be most apt to unite with their local government.
已经给出了理由来引发这样一种假设：州政府很自然地倾向于与联邦政府竞争，而联邦政府的基础是对权力的热爱。在联邦元首与其成员之一之间的任何竞争中，人民将最倾向于与当地政府团结起来。
If, in addition to this immense advantage, the ambition of the members should be stimulated by the separate and independent possession of military forces, it would afford too strong a temptation and too great a facility to them to make enterprises upon, and finally to subvert, the constitutional authority of the Union.
如果除了这种巨大的优势之外，如果通过单独和独立拥有军事力量来激发成员国的野心，那么这将给他们提供太强烈的诱惑和太大的便利，让他们在联邦的宪法权威上开展事业，并最终颠覆联邦的宪法权威。
On the other hand, the liberty of the people would be less safe in this state of things than in that which left the national forces in the hands of the national government.
另一方面，在这种情况下，人民的自由将不如将国家军队掌握在国家政府手中的情况安全。
As far as an army may be considered as a dangerous weapon of power, it had better be in those hands of which the people are most likely to be jealous than in those of which they are least likely to be jealous.
就军队可能被视为危险的权力武器而言，它最好掌握在人民最有可能嫉妒的人手中，而不是掌握在人民最不可能嫉妒的人手中。
For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.
因为多年来的经验已经证明了一个事实：当损害人民权利的手段掌握在他们最不怀疑的人手中时，人民总是处于最危险的境地。
The framers of the existing Confederation, fully aware of the danger to the Union from the separate possession of military forces by the States, have, in express terms, prohibited them from having either ships or troops, unless with the consent of Congress.
现有联邦的制定者充分意识到各州单独拥有军事力量对联邦造成的危险，并明确禁止各州拥有船只或军队，除非得到国会的同意。
The truth is, that the existence of a federal government and military establishments under State authority are not less at variance with each other than a due supply of the federal treasury and the system of quotas and requisitions.
事实是，联邦政府和国家权力下的军事机构的存在，与联邦国库的适当供应以及配额和征用制度之间的矛盾并不小。
There are other lights besides those already taken notice of, in which the impropriety of restraints on the discretion of the national legislature will be equally manifest.
除了已经注意到的情况之外，还有其他一些情况同样明显地表明对国家立法机关自由裁量权的限制是不适当的。
The design of the objection, which has been mentioned, is to preclude standing armies in time of peace, though we have never been informed how far it is designed the prohibition should extend; whether to raising armies as well as to KEEPING THEM UP in a season of tranquillity or not.
前面提到的反对的目的是为了禁止在和平时期建立常备军，尽管我们从未得知禁令的目的应该延伸到多远；是否要征集军队以及在一个安宁的季节里保持军队的状态。
If it be confined to the latter it will have no precise signification, and it will be ineffectual for the purpose intended.
如果仅限于后者，就没有确切的意义，也达不到预期的目的。
When armies are once raised what shall be denominated "keeping them up," contrary to the sense of the Constitution?
当军队一旦集结后，什么才能被称为“维持军队”，这与宪法的含义相反？
What time shall be requisite to ascertain the violation?
确定违法行为需要什么时间？
Shall it be a week, a month, a year?
是一周、一个月还是一年？
Or shall we say they may be continued as long as the danger which occasioned their being raised continues?
或者我们是否应该说，只要引发它们的危险继续存在，它们就可以继续存在？
This would be to admit that they might be kept up IN TIME OF PEACE, against threatening or impending danger, which would be at once to deviate from the literal meaning of the prohibition, and to introduce an extensive latitude of construction.
这就是承认，在和平时期，它们可能会受到威胁或迫在眉睫的危险，这将立即偏离禁令的字面含义，并引入广泛的解释自由度。
Who shall judge of the continuance of the danger?
谁来判断危险是否持续？
This must undoubtedly be submitted to the national government, and the matter would then be brought to this issue, that the national government, to provide against apprehended danger, might in the first instance raise troops, and might afterwards keep them on foot as long as they supposed the peace or safety of the community was in any degree of jeopardy.
毫无疑问，这必须提交给中央政府，然后问题就会被带到这个问题上，即中央政府为了应对可能的危险，可能首先征集军队，然后只要他们认为社会的和平或安全受到任何程度的威胁，就可以让他们步行。
It is easy to perceive that a discretion so latitudinary as this would afford ample room for eluding the force of the provision.
很容易看出，如此自由裁量权将为规避该条款的效力提供足够的空间。
The supposed utility of a provision of this kind can only be founded on the supposed probability, or at least possibility, of a combination between the executive and the legislative, in some scheme of usurpation.
此类条款的假定效用只能建立在假定的可能性之上，或者至少是在某种篡夺方案中行政部门和立法部门之间结合的可能性之上。
Should this at any time happen, how easy would it be to fabricate pretenses of approaching danger!
一旦发生这种情况，捏造危险临近的借口是多么容易啊！
Indian hostilities, instigated by Spain or Britain, would always be at hand.
由西班牙或英国煽动的印度敌对行动随时可能发生。
Provocations to produce the desired appearances might even be given to some foreign power, and appeased again by timely concessions.
甚至可能向某些外国势力发出挑衅，以达到所期望的形象，并通过及时的让步再次平息。
If we can reasonably presume such a combination to have been formed, and that the enterprise is warranted by a sufficient prospect of success, the army, when once raised, from whatever cause, or on whatever pretext, may be applied to the execution of the project.
如果我们能够合理地假设这样的组合已经形成，并且该企业有足够的成功前景，那么一旦组建军队，无论出于何种原因或以何种借口，都可以用于执行该项目。
If, to obviate this consequence, it should be resolved to extend the prohibition to the RAISING of armies in time of peace, the United States would then exhibit the most extraordinary spectacle which the world has yet seen, that of a nation incapacitated by its Constitution to prepare for defense, before it was actually invaded.
如果为了避免这种后果，美国应该下决心将禁止在和平时期集结军队的禁令扩大到这一范围，那么美国就会呈现出世界上从未见过的最非同寻常的景象，即一个国家在实际受到入侵之前，其宪法使其无法做好防御准备。
As the ceremony of a formal denunciation of war has of late fallen into disuse, the presence of an enemy within our territories must be waited for, as the legal warrant to the government to begin its levies of men for the protection of the State.
由于正式谴责战争的仪式最近已不再使用，因此必须等待敌人出现在我们的领土上，以此作为政府开始征兵以保护国家的法律依据。
We must receive the blow, before we could even prepare to return it.
我们必须先受到打击，然后才能准备还击。
All that kind of policy by which nations anticipate distant danger, and meet the gathering storm, must be abstained from, as contrary to the genuine maxims of a free government.
各国必须放弃所有那些预见遥远的危险并应对即将到来的风暴的政策，因为它们违背了自由政府的真正格言。
We must expose our property and liberty to the mercy of foreign invaders, and invite them by our weakness to seize the naked and defenseless prey, because we are afraid that rulers, created by our choice, dependent on our will, might endanger that liberty, by an abuse of the means necessary to its preservation.
我们必须让我们的财产和自由受到外国侵略者的摆布，并利用我们的弱点邀请他们夺取赤裸裸的、手无寸铁的猎物，因为我们担心，由我们选择创建的、依赖于我们意志的统治者可能会滥用保护自由所必需的手段，从而危及自由。
Here I expect we shall be told that the militia of the country is its natural bulwark, and would be at all times equal to the national defense.
在这里，我希望我们会被告知，该国的民兵是该国的天然堡垒，并且在任何时候都与国防同等重要。
This doctrine, in substance, had like to have lost us our independence.
从本质上讲，这种学说很可能使我们失去独立性。
It cost millions to the United States that might have been saved.
美国本可以节省数百万美元。
The facts which, from our own experience, forbid a reliance of this kind, are too recent to permit us to be the dupes of such a suggestion.
根据我们自己的经验，禁止这种依赖的事实太新了，不允许我们成为这种建议的骗子。
The steady operations of war against a regular and disciplined army can only be successfully conducted by a force of the same kind.
只有同类部队才能成功地对一支正规、纪律严明的军队进行稳定的战争。
Considerations of economy, not less than of stability and vigor, confirm this position.
对经济的考虑，尤其是对稳定性和活力的考虑，证实了这一立场。
The American militia, in the course of the late war, have, by their valor on numerous occasions, erected eternal monuments to their fame; but the bravest of them feel and know that the liberty of their country could not have been established by their efforts alone, however great and valuable they were.
在最近的战争过程中，美国民兵多次表现英勇，为他们的声誉树立了永恒的纪念碑。但他们中最勇敢的人感到并知道，他们的国家的自由不可能仅靠他们的努力来建立，无论他们的努力有多么伟大和有价值。
War, like most other things, is a science to be acquired and perfected by diligence, by perseverance, by time, and by practice.
战争，像大多数其他事情一样，是一门需要通过勤奋、毅力、时间和实践来获得和完善的科学。
All violent policy, as it is contrary to the natural and experienced course of human affairs, defeats itself.
所有暴力政策，因为它违背了人类事务的自然和经验进程，所以都会失败。
Pennsylvania, at this instant, affords an example of the truth of this remark.
此刻，宾夕法尼亚州提供了一个例子来证明这句话的真实性。
The Bill of Rights of that State declares that standing armies are dangerous to liberty, and ought not to be kept up in time of peace.
该国的《权利法案》宣称，常备军对自由构成危险，不应在和平时期保留。
Pennsylvania, nevertheless, in a time of profound peace, from the existence of partial disorders in one or two of her counties, has resolved to raise a body of troops; and in all probability will keep them up as long as there is any appearance of danger to the public peace.
然而，宾夕法尼亚州在一个非常和平的时期，由于其一两个县存在局部骚乱，已决定组建一支军队；只要公共安全出现任何危险，他们很可能就会坚持下去。
The conduct of Massachusetts affords a lesson on the same subject, though on different ground.
马萨诸塞州的行为为同一主题提供了教训，尽管基于不同的理由。
That State (without waiting for the sanction of Congress, as the articles of the Confederation require) was compelled to raise troops to quell a domestic insurrection, and still keeps a corps in pay to prevent a revival of the spirit of revolt.
该州（按照联邦条款的要求，无需等待国会批准）被迫征集军队来平息国内叛乱，并且仍然保留一支军队以防止叛乱精神的复活。
The particular constitution of Massachusetts opposed no obstacle to the measure; but the instance is still of use to instruct us that cases are likely to occur under our government, as well as under those of other nations, which will sometimes render a military force in time of peace essential to the security of the society, and that it is therefore improper in this respect to control the legislative discretion.
马萨诸塞州的特殊宪法不反对这项措施；但这个例子仍然可以告诉我们，在我国政府以及其他国家的政府统治下，有时会出现和平时期的军事力量对社会安全至关重要的情况，因此在这方面控制立法自由裁量权是不适当的。
It also teaches us, in its application to the United States, how little the rights of a feeble government are likely to be respected, even by its own constituents.
当它应用于美国时，它还告诉我们，一个软弱的政府的权利是多么不可能得到尊重，即使是它自己的选民也是如此。
And it teaches us, in addition to the rest, how unequal parchment provisions are to a struggle with public necessity.
除了其他方面之外，它还告诉我们，羊皮纸上的规定对于与公共需求的斗争是多么不平等。
It was a fundamental maxim of the Lacedaemonian commonwealth, that the post of admiral should not be conferred twice on the same person.
拉栖代梦联邦的一条基本格言是，海军上将的职位不应该被两次授予同一个人。
The Peloponnesian confederates, having suffered a severe defeat at sea from the Athenians, demanded Lysander, who had before served with success in that capacity, to command the combined fleets.
伯罗奔尼撒同盟国在海上遭受了雅典人的惨败，要求此前曾在这一职位上取得成功的莱山德指挥联合舰队。
The Lacedaemonians, to gratify their allies, and yet preserve the semblance of an adherence to their ancient institutions, had recourse to the flimsy subterfuge of investing Lysander with the real power of admiral, under the nominal title of vice-admiral.
拉栖代梦人为了取悦他们的盟友，同时保持对他们古老制度的表面遵守，他们采取了脆弱的诡计，以中将的名义授予拉山德海军上将的真正权力。
This instance is selected from among a multitude that might be cited to confirm the truth already advanced and illustrated by domestic examples; which is, that nations pay little regard to rules and maxims calculated in their very nature to run counter to the necessities of society.
这个例子是从众多可以引用的例子中选出的，以证实已经提出并通过国内例子说明的真理；也就是说，各国很少遵守那些本质上与社会需要背道而驰的规则和格言。
Wise politicians will be cautious about fettering the government with restrictions that cannot be observed, because they know that every breach of the fundamental laws, though dictated by necessity, impairs that sacred reverence which ought to be maintained in the breast of rulers towards the constitution of a country, and forms a precedent for other breaches where the same plea of necessity does not exist at all, or is less urgent and palpable.
明智的政治家会谨慎对待用无法遵守的限制来束缚政府，因为他们知道，每一次违反基本法律的行为，尽管是出于必要，都会损害统治者心中对国家宪法应保持的神圣敬畏，并为其他违反行为形成先例，而在这些情况下，同样的必要性根本不存在，或者不那么紧迫和明显。
PUBLIUS
普布利乌斯
FEDERALIST No. 26
联邦党人文集第26号
The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered.
关于共同防卫限制立法权的设想。
For the Independent Journal.
对于独立杂志。
Saturday, December 22, 1788
1788 年 12 月 22 日，星期六
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IT WAS a thing hardly to be expected that in a popular revolution the minds of men should stop at that happy mean which marks the salutary boundary between POWER and PRIVILEGE, and combines the energy of government with the security of private rights.
很难想象，在一场民众革命中，人们的思想会停留在划定权力与特权之间有益界限的幸福平均线，并将政府的力量与私人权利的保障结合起来。
A failure in this delicate and important point is the great source of the inconveniences we experience, and if we are not cautious to avoid a repetition of the error, in our future attempts to rectify and ameliorate our system, we may travel from one chimerical project to another; we may try change after change; but we shall never be likely to make any material change for the better.
在这一微妙而重要的问题上的失败是我们所经历的不便的重要根源，如果我们不小心避免重蹈覆辙，在我们今后纠正和改进我们的制度的尝试中，我们可能会从一个空想的计划走向另一个空想的计划；我们可能会尝试一次又一次的改变；但我们永远不可能做出任何实质性的改善。
The idea of restraining the legislative authority, in the means of providing for the national defense, is one of those refinements which owe their origin to a zeal for liberty more ardent than enlightened.
以提供国防的方式限制立法权的想法是那些源于对自由的热情的改进之一，这种热情比开明更热烈。
We have seen, however, that it has not had thus far an extensive prevalency; that even in this country, where it made its first appearance, Pennsylvania and North Carolina are the only two States by which it has been in any degree patronized; and that all the others have refused to give it the least countenance; wisely judging that confidence must be placed somewhere; that the necessity of doing it, is implied in the very act of delegating power; and that it is better to hazard the abuse of that confidence than to embarrass the government and endanger the public safety by impolitic restrictions on the legislative authority.
然而，我们已经看到，迄今为止它还没有广泛流行。即使在这个它首次出现的国家，宾夕法尼亚州和北卡罗来纳州也是仅有的两个在某种程度上受到过它赞助的州；所有其他人都拒绝给予它哪怕一丝一毫的支持；明智地判断，信心必须放在某个地方；授权的行为本身就暗示了这样做的必要性；与其对立法权进行不政治的限制而让政府难堪并危及公共安全，不如冒险滥用这种信任。
The opponents of the proposed Constitution combat, in this respect, the general decision of America; and instead of being taught by experience the propriety of correcting any extremes into which we may have heretofore run, they appear disposed to conduct us into others still more dangerous, and more extravagant.
在这方面，拟议宪法的反对者反对美国的总体决定；他们并没有从经验中学到纠正我们迄今为止可能陷入的任何极端的适当做法，而是似乎倾向于引导我们走向更危险、更奢侈的境地。
As if the tone of government had been found too high, or too rigid, the doctrines they teach are calculated to induce us to depress or to relax it, by expedients which, upon other occasions, have been condemned or forborne.
仿佛人们发现政府的语气太高或太僵化一样，他们所教导的教义故意诱导我们通过在其他情况下受到谴责或放弃的权宜之计来抑制或放松政府。
It may be affirmed without the imputation of invective, that if the principles they inculcate, on various points, could so far obtain as to become the popular creed, they would utterly unfit the people of this country for any species of government whatever.
可以肯定的是，无需谩骂，如果他们在各个方面灌输的原则迄今为止能够成为流行的信条，那么他们将完全不适合这个国家的人民接受任何类型的政府。
But a danger of this kind is not to be apprehended.
但这种危险是不值得担心的。
The citizens of America have too much discernment to be argued into anarchy.
美国公民有太多的洞察力，不能被争论为无政府状态。
And I am much mistaken, if experience has not wrought a deep and solemn conviction in the public mind, that greater energy of government is essential to the welfare and prosperity of the community.
如果经验没有在公众心中形成深刻而庄严的信念，那么我就大错特错了，那就是政府的更大力量对于社会的福利和繁荣至关重要。
It may not be amiss in this place concisely to remark the origin and progress of the idea, which aims at the exclusion of military establishments in time of peace.
在这里简明扼要地谈谈和平时期排除军事设施这一思想的起源和进展或许并无不妥。
Though in speculative minds it may arise from a contemplation of the nature and tendency of such institutions, fortified by the events that have happened in other ages and countries, yet as a national sentiment, it must be traced to those habits of thinking which we derive from the nation from whom the inhabitants of these States have in general sprung.
尽管在思辨的头脑中，它可能源于对这些机构的性质和趋势的思考，并因其他时代和国家发生的事件而得到加强，但作为一种民族情感，它必须追溯到我们从这些国家的居民普遍发源的民族中衍生出来的思维习惯。
In England, for a long time after the Norman Conquest, the authority of the monarch was almost unlimited.
在英格兰，诺曼征服后的很长一段时间里，君主的权力几乎是无限的。
Inroads were gradually made upon the prerogative, in favor of liberty, first by the barons, and afterwards by the people, till the greatest part of its most formidable pretensions became extinct.
为了支持自由，特权逐渐受到侵犯，首先是贵族，后来是人民，直到其最令人畏惧的主张的大部分消失。
But it was not till the revolution in 1688, which elevated the Prince of Orange to the throne of Great Britain, that English liberty was completely triumphant.
但直到 1688 年革命将奥兰治亲王推上大不列颠王位，英国的自由才彻底取得胜利。
As incident to the undefined power of making war, an acknowledged prerogative of the crown, Charles II.
发动战争的权力不明确，这是国王查理二世公认的特权。
had, by his own authority, kept on foot in time of peace a body of 5,000 regular troops.
在和平时期，他凭自己的权力维持了5000名正规军的步行。
And this number James II.
还有这个数字詹姆斯二世。
increased to 30,000; who were paid out of his civil list.
增加至30,000；他们的薪水不在他的民事名单之外。
At the revolution, to abolish the exercise of so dangerous an authority, it became an article of the Bill of Rights then framed, that "the raising or keeping a standing army within the kingdom in time of peace, UNLESS WITH THE CONSENT OF PARLIAMENT, was against law."
在革命时期，为了废除如此危险的权力，它成为当时制定的《权利法案》的一项条款，即“和平时期在王国境内组建或保留一支常备军，除非得到议会的同意，否则是违法的”。
In that kingdom, when the pulse of liberty was at its highest pitch, no security against the danger of standing armies was thought requisite, beyond a prohibition of their being raised or kept up by the mere authority of the executive magistrate.
在那个王国，当自由的脉搏达到最高点时，人们认为除了禁止仅仅依靠行政长官的权力来征召或维持常备军之外，没有必要采取任何措施来防范常备军的危险。
The patriots, who effected that memorable revolution, were too temperate, too wellinformed, to think of any restraint on the legislative discretion.
进行了那场令人难忘的革命的爱国者们太温和了，见多识广，根本不会考虑对立法自由裁量权进行任何限制。
They were aware that a certain number of troops for guards and garrisons were indispensable; that no precise bounds could be set to the national exigencies; that a power equal to every possible contingency must exist somewhere in the government: and that when they referred the exercise of that power to the judgment of the legislature, they had arrived at the ultimate point of precaution which was reconcilable with the safety of the community.
他们知道一定数量的卫兵和驻军是必不可少的；无法为国家紧急情况设定精确的界限；政府的某个地方必须存在一种足以应付各种可能的突发事件的权力：当他们将这种权力的行使提交立法机关的判断时，他们就达到了与社会安全相协调的最终预防点。
From the same source, the people of America may be said to have derived an hereditary impression of danger to liberty, from standing armies in time of peace.
从同一来源来看，美国人民可以说从和平时期的常备军中获得了自由受到威胁的遗传印象。
The circumstances of a revolution quickened the public sensibility on every point connected with the security of popular rights, and in some instances raise the warmth of our zeal beyond the degree which consisted with the due temperature of the body politic.
革命的环境提高了公众对与保障人民权利有关的每一点的敏感度，并且在某些情况下使我们的热情超出了政治体应有的温度。
The attempts of two of the States to restrict the authority of the legislature in the article of military establishments, are of the number of these instances.
其中两个州试图在军事设施条款中限制立法机构的权力，这就是此类例子的例子。
The principles which had taught us to be jealous of the power of an hereditary monarch were by an injudicious excess extended to the representatives of the people in their popular assemblies.
教导我们要嫉妒世袭君主权力的原则被不明智的过度延伸到人民议会中的人民代表身上。
Even in some of the States, where this error was not adopted, we find unnecessary declarations that standing armies ought not to be kept up, in time of peace, WITHOUT THE CONSENT OF THE LEGISLATURE.
即使在一些没有采纳这一错误的州，我们也发现不必要的声明，即未经立法机关同意，在和平时期不应保留常备军。
I call them unnecessary, because the reason which had introduced a similar provision into the English Bill of Rights is not applicable to any of the State constitutions.
我称它们是不必要的，因为在英国权利法案中引入类似条款的原因并不适用于任何州宪法。
The power of raising armies at all, under those constitutions, can by no construction be deemed to reside anywhere else, than in the legislatures themselves; and it was superfluous, if not absurd, to declare that a matter should not be done without the consent of a body, which alone had the power of doing it.
根据这些宪法，征募军队的权力绝对不能被视为属于立法机关本身之外的任何其他地方。宣称某件事未经某个机构的同意不得采取行动，即使不是荒谬，也是多余的，因为只有机构才有权这样做。
Accordingly, in some of these constitutions, and among others, in that of this State of New York, which has been justly celebrated, both in Europe and America, as one of the best of the forms of government established in this country, there is a total silence upon the subject.
因此，在其中一些宪法中，特别是在纽约州的宪法中，纽约州在欧洲和美国都被公正地庆祝为这个国家建立的最好的政府形式之一，但对这个问题却完全保持沉默。
It is remarkable, that even in the two States which seem to have meditated an interdiction of military establishments in time of peace, the mode of expression made use of is rather cautionary than prohibitory.
值得注意的是，即使在和平时期似乎曾考虑封锁军事设施的两个国家，所使用的表达方式也相当谨慎，而不是禁止。
It is not said, that standing armies SHALL NOT BE kept up, but that they OUGHT NOT to be kept up, in time of peace.
并不是说不应该保留常备军，而是说在和平时期不应该保留常备军。
This ambiguity of terms appears to have been the result of a conflict between jealousy and conviction; between the desire of excluding such establishments at all events, and the persuasion that an absolute exclusion would be unwise and unsafe.
这种含糊不清的用语似乎是嫉妒与信念之间冲突的结果。一方面希望无论如何都将此类机构排除在外，另一方面又认为绝对排除是不明智和不安全的。
Can it be doubted that such a provision, whenever the situation of public affairs was understood to require a departure from it, would be interpreted by the legislature into a mere admonition, and would be made to yield to the necessities or supposed necessities of the State?
是否可以怀疑，每当公共事务的情况被理解为需要背离该规定时，立法机关就会将其解释为纯粹的警告，并且会屈服于国家的必要性或假定的必要性？
Let the fact already mentioned, with respect to Pennsylvania, decide.
让已经提到的关于宾夕法尼亚州的事实来决定吧。
What then (it may be asked) is the use of such a provision, if it cease to operate the moment there is an inclination to disregard it?
那么（可能有人会问），如果该条款在人们有忽视倾向时就停止运作，那么它的用途是什么？
Let us examine whether there be any comparison, in point of efficacy, between the provision alluded to and that which is contained in the new Constitution, for restraining the appropriations of money for military purposes to the period of two years.
让我们来看看，上述规定与新宪法中关于军事拨款期限不得超过两年的规定在效力上是否存在可比性。
The former, by aiming at too much, is calculated to effect nothing; the latter, by steering clear of an imprudent extreme, and by being perfectly compatible with a proper provision for the exigencies of the nation, will have a salutary and powerful operation.
前者目标太大，结果一事无成；后者目标太大，结果一事无成。后者通过避免轻率的极端，并与国家紧急情况的适当规定完全兼容，将产生有益而强大的作用。
The legislature of the United States will be OBLIGED, by this provision, once at least in every two years, to deliberate upon the propriety of keeping a military force on foot; to come to a new resolution on the point; and to declare their sense of the matter, by a formal vote in the face of their constituents.
根据这项规定，美国立法机关有义务至少每两年一次审议保持步行军事力量的适当性；就这一点达成新的决议；并通过面对选民的正式投票来表达他们对此事的看法。
They are not AT LIBERTY to vest in the executive department permanent funds for the support of an army, if they were even incautious enough to be willing to repose in it so improper a confidence.
他们无权向行政部门提供永久性资金来支持一支军队，即使他们不够谨慎，愿意对此抱有如此不正当的信任。
As the spirit of party, in different degrees, must be expected to infect all political bodies, there will be, no doubt, persons in the national legislature willing enough to arraign the measures and criminate the views of the majority.
由于政党精神必须在不同程度上感染所有政治机构，因此毫无疑问，国家立法机关中会有人愿意提出指控并批评多数人的观点。
The provision for the support of a military force will always be a favorable topic for declamation.
提供军事力量的支持永远是一个令人热议的话题。
As often as the question comes forward, the public attention will be roused and attracted to the subject, by the party in opposition; and if the majority should be really disposed to exceed the proper limits, the community will be warned of the danger, and will have an opportunity of taking measures to guard against it.
只要这个问题一出现，反对党就会引起并吸引公众的注意力；如果大多数人真的打算超过适当的限度，社会就会被警告危险，并有机会采取措施防范。
Independent of parties in the national legislature itself, as often as the period of discussion arrived, the State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if any thing improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.
独立于国家立法机关本身的政党，每当讨论时期到来时，州立法机关不仅始终保持警惕，而且是怀疑和嫉妒的公民权利免受联邦政府侵犯的守护者，将不断关注国家统治者的行为，并做好准备，如果出现任何不当情况，向人民发出警报，不仅是他们的声音，而且在必要时，他们的手臂。不满。
Schemes to subvert the liberties of a great community REQUIRE TIME to mature them for execution.
颠覆一个伟大社区的自由的计划需要时间来使其成熟并执行。
An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose, not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time.
一支如此庞大的军队，严重威胁到这些自由，只能通过逐步扩充来组建。这意味着，这不仅仅是立法机关和行政机关之间的暂时结合，而是在一段时间内持续存在的阴谋。
Is it probable that such a combination would exist at all?
这样的组合有可能存在吗？
Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses?
它是否有可能在代议制机构的所有连续变化中得到坚持和传承，而两院自然会产生两年一次的选举？
Is it presumable, that every man, the instant he took his seat in the national Senate or House of Representatives, would commence a traitor to his constituents and to his country?
是否可以推测，每个人一旦在国家参议院或众议院就座，就会开始背叛他的选民和他的国家？
Can it be supposed that there would not be found one man, discerning enough to detect so atrocious a conspiracy, or bold or honest enough to apprise his constituents of their danger?
难道就没有一个人能够有足够的洞察力来发现如此残暴的阴谋，或者足够大胆或诚实地向他的选民通报他们的危险吗？
If such presumptions can fairly be made, there ought at once to be an end of all delegated authority.
如果可以公平地做出这样的推定，那么所有授权都应该立即终止。
The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties, in order that they may be able to manage their own concerns in person.
人民应该决心收回他们迄今为止从自己手中放弃的所有权力，并将自己划分为尽可能多的州，以便他们能够亲自处理自己的事务。
If such suppositions could even be reasonably made, still the concealment of the design, for any duration, would be impracticable.
即使这样的假设可以合理地做出，但无论持续多久，隐藏该设计都是不切实际的。
It would be announced, by the very circumstance of augmenting the army to so great an extent in time of profound peace.
正是在太平时期如此大规模地扩充军队的情况下才宣布了这一点。
What colorable reason could be assigned, in a country so situated, for such vast augmentations of the military force?
在一个处于如此境地的国家，有什么理由可以如此大规模地扩充军事力量呢？
It is impossible that the people could be long deceived; and the destruction of the project, and of the projectors, would quickly follow the discovery.
人民不可能长期被欺骗；随着这一发现，该项目和投影仪很快就会被毁。
It has been said that the provision which limits the appropriation of money for the support of an army to the period of two years would be unavailing, because the Executive, when once possessed of a force large enough to awe the people into submission, would find resources in that very force sufficient to enable him to dispense with supplies from the acts of the legislature.
有人说，将军队拨款的期限限制为两年的规定是无效的，因为行政部门一旦拥有一支足以威慑人民的力量，就会发现这支力量中的资源足以使他能够免除立法机关行为中的物资。
But the question again recurs, upon what pretense could he be put in possession of a force of that magnitude in time of peace?
但问题再次出现，他凭什么可以在和平时期拥有如此规模的力量？
If we suppose it to have been created in consequence of some domestic insurrection or foreign war, then it becomes a case not within the principles of the objection; for this is levelled against the power of keeping up troops in time of peace.
如果我们假设它是由于某些国内叛乱或外国战争而产生的，那么它就不再属于反对原则的范围；因为这是针对和平时期留军的力量而言的。
Few persons will be so visionary as seriously to contend that military forces ought not to be raised to quell a rebellion or resist an invasion; and if the defense of the community under such circumstances should make it necessary to have an army so numerous as to hazard its liberty, this is one of those calamities for which there is neither preventative nor cure.
很少有人会如此有远见地认真地主张不应该召集军队来平息叛乱或抵抗入侵；如果在这种情况下保卫社会就必须有一支数量如此庞大的军队来危及其自由，那么这就是那些既无法预防也无法治愈的灾难之一。
It cannot be provided against by any possible form of government; it might even result from a simple league offensive and defensive, if it should ever be necessary for the confederates or allies to form an army for common defense.
任何可能的政府形式都不能反对它；如果同盟国或盟友有必要组建一支军队进行共同防御，它甚至可能是简单的同盟进攻和防御的结果。
But it is an evil infinitely less likely to attend us in a united than in a disunited state; nay, it may be safely asserted that it is an evil altogether unlikely to attend us in the latter situation.
但在我们团结的状态下，这种邪恶的可能性远比在分裂的状态下的可能性要小得多。不仅如此，我们可以有把握地断言，在后一种情况下，这种邪恶完全不可能出现在我们身上。
It is not easy to conceive a possibility that dangers so formidable can assail the whole Union, as to demand a force considerable enough to place our liberties in the least jeopardy, especially if we take into our view the aid to be derived from the militia, which ought always to be counted upon as a valuable and powerful auxiliary.
很难设想这样一种可能性，即如此可怕的危险会袭击整个联邦，以至于需要一支足够大的力量来将我们的自由置于最小的危险之中，特别是如果我们考虑到从民兵那里获得的援助，民兵应该始终被视为有价值和强大的辅助力量。
But in a state of disunion (as has been fully shown in another place), the contrary of this supposition would become not only probable, but almost unavoidable.
但在分裂的状态下（正如在另一个地方所充分表明的那样），与这一假设相反的情况不仅是可能的，而且几乎是不可避免的。
PUBLIUS
普布利乌斯
FEDERALIST No. 27
联邦党人文集第27号
The Same Subject Continued (The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered)
同一话题继续（共同防卫限制立法权的设想）
From the New York Packet.
来自纽约邮包。
Tuesday, December 25, 1787.
1787 年 12 月 25 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IT HAS been urged, in different shapes, that a Constitution of the kind proposed by the convention cannot operate without the aid of a military force to execute its laws.
人们以不同的方式敦促说，如果没有军事力量的帮助来执行法律，公约提出的那种宪法就无法运作。
This, however, like most other things that have been alleged on that side, rests on mere general assertion, unsupported by any precise or intelligible designation of the reasons upon which it is founded.
然而，就像这一方所指控的大多数其他事情一样，这只是一般性的断言，没有任何精确或可理解的理由说明的支持。
As far as I have been able to divine the latent meaning of the objectors, it seems to originate in a presupposition that the people will be disinclined to the exercise of federal authority in any matter of an internal nature.
据我所能理解的反对者的潜在含义，它似乎源于一个预设，即人民将不愿意在任何内部性质的问题上行使联邦权力。
Waiving any exception that might be taken to the inaccuracy or inexplicitness of the distinction between internal and external, let us inquire what ground there is to presuppose that disinclination in the people.
放弃任何可能因内部和外部之间的区别不准确或不明确而被视为例外的情况，让我们来探究一下，有什么理由可以预设人们的这种厌恶情绪。
Unless we presume at the same time that the powers of the general government will be worse administered than those of the State government, there seems to be no room for the presumption of ill-will, disaffection, or opposition in the people.
除非我们同时假设联邦政府的权力比州政府的权力管理更差，否则似乎没有理由假设人民有恶意、不满或反对。
I believe it may be laid down as a general rule that their confidence in and obedience to a government will commonly be proportioned to the goodness or badness of its administration.
我相信，可以将其定为一般规则：他们对政府的信任和服从通常与政府管理的好坏成正比。
It must be admitted that there are exceptions to this rule; but these exceptions depend so entirely on accidental causes, that they cannot be considered as having any relation to the intrinsic merits or demerits of a constitution.
必须承认，这条规则也有例外；但这些例外完全取决于偶然原因，因此不能被视为与宪法的内在优点或缺点有任何关系。
These can only be judged of by general principles and maxims.
这些只能通过一般原则和格言来判断。
Various reasons have been suggested, in the course of these papers, to induce a probability that the general government will be better administered than the particular governments; the principal of which reasons are that the extension of the spheres of election will present a greater option, or latitude of choice, to the people; that through the medium of the State legislatures which are select bodies of men, and which are to appoint the members of the national Senate there is reason to expect that this branch will generally be composed with peculiar care and judgment; that these circumstances promise greater knowledge and more extensive information in the national councils, and that they will be less apt to be tainted by the spirit of faction, and more out of the reach of those occasional ill-humors, or temporary prejudices and propensities, which, in smaller societies, frequently contaminate the public councils, beget injustice and oppression of a part of the community, and engender schemes which, though they gratify a momentary inclination or desire, terminate in general distress, dissatisfaction, and disgust.
在这些论文中，人们提出了各种理由来推断广义政府比个别政府管理得更好的可能性。其主要原因是选举范围的扩大将为人民提供更大的选择或选择的自由度；通过州立法机构的媒介，州立法机构是经过选举产生的机构，并且将任命全国参议院的成员，因此有理由期望这个分支通常会以特别的谨慎和判断力组成；这些情况保证了国家委员会能够获得更多的知识和更广泛的信息，并且它们将不太容易受到派系精神的污染，并且更不会受到那些偶尔的坏心情或暂时的偏见和倾向的影响，这些情绪在较小的社会中经常污染公共委员会，对社会的一部分造成不公正和压迫，并产生一些计划，尽管它们满足了短暂的倾向或愿望，但总体上会终止苦恼、不满和厌恶。
Several additional reasons of considerable force, to fortify that probability, will occur when we come to survey, with a more critical eye, the interior structure of the edifice which we are invited to erect.
当我们以更挑剔的眼光来考察我们被邀请建造的大厦的内部结构时，会出现几个其他具有相当大力量的原因，以加强这种可能性。
It will be sufficient here to remark, that until satisfactory reasons can be assigned to justify an opinion, that the federal government is likely to be administered in such a manner as to render it odious or contemptible to the people, there can be no reasonable foundation for the supposition that the laws of the Union will meet with any greater obstruction from them, or will stand in need of any other methods to enforce their execution, than the laws of the particular members.
这里只要指出，在能够找到令人满意的理由来证明联邦政府的管理方式可能令人民感到厌恶或蔑视之前，就没有合理的基础可以假设联邦的法律将遇到比特定成员的法律更大的障碍，或者需要任何其他方法来强制执行。
The hope of impunity is a strong incitement to sedition; the dread of punishment, a proportionably strong discouragement to it.
希望有罪不罚是强烈煽动叛乱；对惩罚的恐惧，对惩罚产生相当强烈的挫败感。
Will not the government of the Union, which, if possessed of a due degree of power, can call to its aid the collective resources of the whole Confederacy, be more likely to repress the FORMER sentiment and to inspire the LATTER, than that of a single State, which can only command the resources within itself?
联邦政府，如果拥有一定程度的权力，可以调用整个邦联的集体资源来提供援助，难道不会比一个只能掌控自己内部资源的单一州政府更有可能压制前者的情绪并激发后者吗？
A turbulent faction in a State may easily suppose itself able to contend with the friends to the government in that State; but it can hardly be so infatuated as to imagine itself a match for the combined efforts of the Union.
一个州内的一个动乱派别很容易认为自己能够与该州政府的朋友们抗衡。但它不可能如此痴迷于想象自己能与欧盟的共同努力相抗衡。
If this reflection be just, there is less danger of resistance from irregular combinations of individuals to the authority of the Confederacy than to that of a single member.
如果这种反映是公正的，那么不规则的个人组合抵抗邦联权威的危险就比单个成员抵抗的危险要小。
I will, in this place, hazard an observation, which will not be the less just because to some it may appear new; which is, that the more the operations of the national authority are intermingled in the ordinary exercise of government, the more the citizens are accustomed to meet with it in the common occurrences of their political life, the more it is familiarized to their sight and to their feelings, the further it enters into those objects which touch the most sensible chords and put in motion the most active springs of the human heart, the greater will be the probability that it will conciliate the respect and attachment of the community.
在这里，我将冒险进行一次观察，这不会因为对某些人来说可能显得新鲜而变得不那么公正；也就是说，国家权力的运作越是融入到政府的日常运作中，公民就越习惯于在政治生活的常见事件中遇到国家权力，他们的视线和感受就越熟悉，它越深入地深入到触动人心最敏感的心弦、调动人心最活跃动力的对象中，它就越有可能调和社会的尊重和依恋。
Man is very much a creature of habit.
人在很大程度上是一种习惯的生物。
A thing that rarely strikes his senses will generally have but little influence upon his mind.
很少触动他感官的事物通常对他的思想影响不大。
A government continually at a distance and out of sight can hardly be expected to interest the sensations of the people.
一个始终保持距离、在人们视线之外的政府很难引起人们的注意。
The inference is, that the authority of the Union, and the affections of the citizens towards it, will be strengthened, rather than weakened, by its extension to what are called matters of internal concern; and will have less occasion to recur to force, in proportion to the familiarity and comprehensiveness of its agency.
由此推断，联邦的权威以及公民对它的感情将通过其扩展到所谓的内部事务而得到加强，而不是削弱。与其机构的熟悉程度和全面程度成正比，将不再有机会再次使用武力。
The more it circulates through those channels and currents in which the passions of mankind naturally flow, the less will it require the aid of the violent and perilous expedients of compulsion.
它在人类激情自然流动的渠道和潮流中流通得越多，就越不需要暴力和危险的强迫权宜之计的帮助。
One thing, at all events, must be evident, that a government like the one proposed would bid much fairer to avoid the necessity of using force, than that species of league contend for by most of its opponents; the authority of which should only operate upon the States in their political or collective capacities.
无论如何，有一件事必须是显而易见的，即像所提议的那样的政府将比大多数反对者所争取的那种联盟更加公平地避免使用武力的必要性；其权力只能以政治或集体身份对国家起作用。
It has been shown that in such a Confederacy there can be no sanction for the laws but force; that frequent delinquencies in the members are the natural offspring of the very frame of the government; and that as often as these happen, they can only be redressed, if at all, by war and violence.
事实证明，在这样的邦联中，除了武力之外，不可能有任何法律制裁。成员频繁的违法行为是政府结构的自然产物；而且一旦发生这种情况，就只能通过战争和暴力来纠正（如果有的话）。
The plan reported by the convention, by extending the authority of the federal head to the individual citizens of the several States, will enable the government to employ the ordinary magistracy of each, in the execution of its laws.
大会报告的计划通过将联邦元首的权力扩大到几个州的公民个人，将使政府能够在执行法律时雇用每个州的普通法官。
It is easy to perceive that this will tend to destroy, in the common apprehension, all distinction between the sources from which they might proceed; and will give the federal government the same advantage for securing a due obedience to its authority which is enjoyed by the government of each State, in addition to the influence on public opinion which will result from the important consideration of its having power to call to its assistance and support the resources of the whole Union.
很容易看出，在普遍的理解中，这往往会破坏它们可能产生的来源之间的所有区别。并将赋予联邦政府同样的优势，以确保各州政府享有的对其权威的应有服从，此外，由于重要考虑到联邦政府有权寻求其援助和支持整个联盟的资源，因此对公众舆论产生影响。
It merits particular attention in this place, that the laws of the Confederacy, as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land; to the observance of which all officers, legislative, executive, and judicial, in each State, will be bound by the sanctity of an oath.
在此值得特别注意的是，关于其管辖权的列举和合法对象的联邦法律将成为该国的最高法律；各州的所有立法、行政和司法官员均须遵守神圣的誓言。
Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS; and will be rendered auxiliary to the enforcement of its laws.(1) Any man who will pursue, by his own reflections, the consequences of this situation, will perceive that there is good ground to calculate upon a regular and peaceable execution of the laws of the Union, if its powers are administered with a common share of prudence.
因此，各成员的立法机关、法院和治安法官将在其公正和宪法权力范围内纳入国家政府的运作； (1) 任何人如果通过自己的反思来追究这种情况的后果，就会认识到，如果联邦的权力得到共同的谨慎管理，那么就有充分的理由来计算联邦法律的定期和平执行。
If we will arbitrarily suppose the contrary, we may deduce any inferences we please from the supposition; for it is certainly possible, by an injudicious exercise of the authorities of the best government that ever was, or ever can be instituted, to provoke and precipitate the people into the wildest excesses.
如果我们武断地假设相反的情况，我们可以从这个假设中推断出我们想要的任何推论；因为，过去或将来可能建立的最好的政府如果不明智地行使权力，肯定有可能煽动和促使人民做出最疯狂的暴行。
But though the adversaries of the proposed Constitution should presume that the national rulers would be insensible to the motives of public good, or to the obligations of duty, I would still ask them how the interests of ambition, or the views of encroachment, can be promoted by such a conduct?
但是，尽管拟议宪法的反对者应该认为国家统治者对公共利益的动机或义务的义务麻木不仁，但我仍然会问他们，这样的行为如何能够促进野心的利益或侵犯的观点？
PUBLIUS
普布利乌斯
1.
1.
The sophistry which has been employed to show that this will tend to the destruction of the State governments, will, in its will, in its proper place, be fully detected.
用来表明这将导致州政府毁灭的诡辩将在其适当的地方、在其意愿中被充分地揭露。
FEDERALIST No. 28
联邦党人文集第28号
The Same Subject Continued (The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered)
同一话题继续（共同防卫限制立法权的设想）
For the Independent Journal.
对于独立杂志。
Wednesday, December 26, 1787
1787 年 12 月 26 日，星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THAT there may happen cases in which the national government may be necessitated to resort to force, cannot be denied.
不可否认，可能会出现需要国家政府诉诸武力的情况。
Our own experience has corroborated the lessons taught by the examples of other nations; that emergencies of this sort will sometimes arise in all societies, however constituted; that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction.
我们自己的经验证实了其他国家的教训；所有社会，无论其构成如何，有时都会出现此类紧急情况；不幸的是，骚乱和叛乱是与政治体密不可分的弊病，就像肿瘤和爆发与自然体密不可分一样；任何时候都以简单的法律力量进行统治的思想（我们被告知这是共和政府唯一可接受的原则），除了那些睿智的政治医生的遐想之外没有任何地位，他们的睿智蔑视实验指导的告诫。
Should such emergencies at any time happen under the national government, there could be no remedy but force.
如果国家政府任何时候发生这种紧急情况，除了武力之外，别无补救办法。
The means to be employed must be proportioned to the extent of the mischief.
所使用的手段必须与危害的程度相称。
If it should be a slight commotion in a small part of a State, the militia of the residue would be adequate to its suppression; and the national presumption is that they would be ready to do their duty.
如果一个国家的一小部分地区发生轻微骚乱，残余的民兵就足以镇压；国家的假设是他们准备好履行职责。
An insurrection, whatever may be its immediate cause, eventually endangers all government.
叛乱，无论其直接原因是什么，最终都会危及所有政府。
Regard to the public peace, if not to the rights of the Union, would engage the citizens to whom the contagion had not communicated itself to oppose the insurgents; and if the general government should be found in practice conducive to the prosperity and felicity of the people, it were irrational to believe that they would be disinclined to its support.
考虑到公共和平，如果不是考虑到联邦的权利，就会让那些没有受到传染的公民参与反对叛乱分子；如果在实践中发现广义政府有利于人民的繁荣和幸福，那么相信他们不愿意支持它就是不合理的。
If, on the contrary, the insurrection should pervade a whole State, or a principal part of it, the employment of a different kind of force might become unavoidable.
相反，如果叛乱遍及整个国家或其主要部分，那么使用不同类型的武力就可能不可避免。
It appears that Massachusetts found it necessary to raise troops for repressing the disorders within that State; that Pennsylvania, from the mere apprehension of commotions among a part of her citizens, has thought proper to have recourse to the same measure.
马萨诸塞州似乎发现有必要征集军队来镇压该州境内的骚乱；宾夕法尼亚州仅仅出于对其部分公民骚乱的担忧，就认为采取同样的措施是适当的。
Suppose the State of New York had been inclined to re-establish her lost jurisdiction over the inhabitants of Vermont, could she have hoped for success in such an enterprise from the efforts of the militia alone?
假设纽约州倾向于重新建立对佛蒙特州居民失去的管辖权，她是否能指望仅靠民兵的努力就能在这样的事业中取得成功？
Would she not have been compelled to raise and to maintain a more regular force for the execution of her design?
难道她不会被迫筹集并维持一支更正规的部队来执行她的设计吗？
If it must then be admitted that the necessity of recurring to a force different from the militia, in cases of this extraordinary nature, is applicable to the State governments themselves, why should the possibility, that the national government might be under a like necessity, in similar extremities, be made an objection to its existence?
如果必须承认，在这种特殊性质的情况下，有必要再次使用与民兵不同的力量，这也适用于州政府本身，那么为什么国家政府可能处于类似的紧急情况、处于类似的极端情况下，要反对其存在呢？
Is it not surprising that men who declare an attachment to the Union in the abstract, should urge as an objection to the proposed Constitution what applies with tenfold weight to the plan for which they contend; and what, as far as it has any foundation in truth, is an inevitable consequence of civil society upon an enlarged scale?
毫不奇怪的是，那些在抽象上宣布加入联邦的人，应该强烈反对拟议的宪法，以十倍的分量适用于他们所主张的计划；如果有任何事实依据的话，扩大公民社会的必然结果是什么？
Who would not prefer that possibility to the unceasing agitations and frequent revolutions which are the continual scourges of petty republics?
谁不喜欢这种可能性，而不是不断的骚动和频繁的革命，而这些都是小共和国的持续祸害呢？
Let us pursue this examination in another light.
让我们从另一个角度来进行这个检验。
Suppose, in lieu of one general system, two, or three, or even four Confederacies were to be formed, would not the same difficulty oppose itself to the operations of either of these Confederacies?
假设要建立两个、三个、甚至四个邦联来代替一个通用体系，那么这些邦联中的任何一个邦联的运作是否都会遇到同样的困难？
Would not each of them be exposed to the same casualties; and when these happened, be obliged to have recourse to the same expedients for upholding its authority which are objected to in a government for all the States?
难道他们每个人都会遭受同样的伤亡吗？当这些情况发生时，是否必须采取与所有州政府所反对的相同的权宜之计来维护其权威？
Would the militia, in this supposition, be more ready or more able to support the federal authority than in the case of a general union?
在这种假设下，民兵是否会比总工会更愿意或更能够支持联邦当局？
All candid and intelligent men must, upon due consideration, acknowledge that the principle of the objection is equally applicable to either of the two cases; and that whether we have one government for all the States, or different governments for different parcels of them, or even if there should be an entire separation of the States, there might sometimes be a necessity to make use of a force constituted differently from the militia, to preserve the peace of the community and to maintain the just authority of the laws against those violent invasions of them which amount to insurrections and rebellions.
所有坦诚而聪明的人都必须经过适当考虑，承认反对的原则同样适用于这两种情况；无论我们对所有州实行一个政府，还是对不同地区实行不同的政府，或者即使各州完全分离，有时也可能有必要利用一支与民兵不同的力量，以维护社会的和平，并维护法律的公正权威，以防止对他们的暴力入侵，这些暴力入侵相当于叛乱和叛乱。
Independent of all other reasonings upon the subject, it is a full answer to those who require a more peremptory provision against military establishments in time of peace, to say that the whole power of the proposed government is to be in the hands of the representatives of the people.
独立于关于这个主题的所有其他推理，这是对那些要求在和平时期对军事机构采取更强制性规定的人的充分回答，说拟议政府的全部权力应掌握在人民代表手中。
This is the essential, and, after all, only efficacious security for the rights and privileges of the people, which is attainable in civil society.(1)
这是对人民权利和特权的基本的、也是唯一有效的保障，这是在公民社会中可以实现的。(1)
If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state.
如果人民的代表背叛了他们的选民，那么除了行使原始的自卫权之外，就没有其他资源了，这种权利对于所有积极的政府形式都是至关重要的，并且在对抗国家统治者的篡夺时，可能会比对抗单个国家的统治者有更好的成功前景。
In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense.
在一个国家中，如果被赋予最高权力的人成为篡位者，则该国家所属的不同地块、分区或地区由于各自没有明确的政府，因此无法采取常规的防御措施。
The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.
公民必须仓促地拿起武器，没有协调一致，没有制度，没有资源；除了他们的勇气和绝望。
The usurpers, clothed with the forms of legal authority, can too often crush the opposition in embryo.
篡夺者披着合法权威的外衣，往往能够将反对派碾压在萌芽状态。
The smaller the extent of the territory, the more difficult will it be for the people to form a regular or systematic plan of opposition, and the more easy will it be to defeat their early efforts.
领土范围越小，人民就越难形成经常性的、系统性的反对计划，也就越容易挫败他们的早期努力。
Intelligence can be more speedily obtained of their preparations and movements, and the military force in the possession of the usurpers can be more rapidly directed against the part where the opposition has begun.
可以更快地获得有关他们的准备和行动的情报，并且可以更快地把篡夺者掌握的军事力量瞄准反对派开始的地方。
In this situation there must be a peculiar coincidence of circumstances to insure success to the popular resistance.
在这种情况下，必须有一个特殊的环境巧合才能确保民众抵抗的成功。
The obstacles to usurpation and the facilities of resistance increase with the increased extent of the state, provided the citizens understand their rights and are disposed to defend them.
只要公民了解自己的权利并愿意捍卫这些权利，篡夺的障碍和抵抗的便利就会随着国家范围的扩大而增加。
The natural strength of the people in a large community, in proportion to the artificial strength of the government, is greater than in a small, and of course more competent to a struggle with the attempts of the government to establish a tyranny.
大社会中人民的自然力量与政府的人为力量相比，比小社会中的人民要大，当然更有能力与政府建立暴政的企图进行斗争。
But in a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate.
但在一个邦联中，人民可以毫不夸张地说完全是自己命运的主人。
Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government.
权力几乎总是权力的对手，联邦政府随时准备制止州政府的篡夺行为，而州政府也会对联邦政府采取同样的态度。
The people, by throwing themselves into either scale, will infallibly make it preponderate.
人们无论将自己投入到任何一个规模中，都将毫无疑问地使其占主导地位。
If their rights are invaded by either, they can make use of the other as the instrument of redress.
如果他们的权利受到其中一方的侵犯，他们可以利用另一方作为补救手段。
How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!
对他们来说，珍视联盟并为自己保留永远不会被高度重视的优势是多么明智啊！
It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority.
在我们的政治体系中，可以放心地接受这样的一条公理：在所有可能的突发事件中，州政府将提供全面的安全保障，防止国家当局侵犯公共自由。
Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large.
篡夺计划不能用借口来掩盖，这样很可能逃脱特定人群和广大人民的渗透。
The legislatures will have better means of information.
立法机关将拥有更好的信息手段。
They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community.
他们可以远距离发现危险；他们拥有一切民事权力机关和人民的信任，可以立即采取定期的反对计划，并在其中结合社会的所有资源。
They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty.
他们可以在不同的国家轻松地相互沟通，并团结他们的共同力量来保护他们共同的自由。
The great extent of the country is a further security.
国家幅员辽阔，是进一步的安全保障。
We have already experienced its utility against the attacks of a foreign power.
我们已经体验过它对抗外国势力攻击的效用。
And it would have precisely the same effect against the enterprises of ambitious rulers in the national councils.
对于国家议会中雄心勃勃的统治者的企业来说，这也将产生完全相同的效果。
If the federal army should be able to quell the resistance of one State, the distant States would have it in their power to make head with fresh forces.
如果联邦军队能够平息一个州的抵抗，那么遥远的州就有能力调集生力军。
The advantages obtained in one place must be abandoned to subdue the opposition in others; and the moment the part which had been reduced to submission was left to itself, its efforts would be renewed, and its resistance revive.
必须放弃一处所取得的优势，以压制别处的反对；一旦已经屈服的部分被放任不管，它就会重新努力，它的抵抗就会复活。
We should recollect that the extent of the military force must, at all events, be regulated by the resources of the country.
我们应该记住，无论如何，军事力量的规模必须由国家的资源来调节。
For a long time to come, it will not be possible to maintain a large army; and as the means of doing this increase, the population and natural strength of the community will proportionably increase.
在今后很长一段时间内，都无法维持庞大的军队；随着实现这一目标的手段的增加，社区的人口和自然力量也将成比例地增加。
When will the time arrive that the federal government can raise and maintain an army capable of erecting a despotism over the great body of the people of an immense empire, who are in a situation, through the medium of their State governments, to take measures for their own defense, with all the celerity, regularity, and system of independent nations?
联邦政府什么时候才能组建并维持一支能够对一个庞大帝国的广大人民实行专制统治的军队，而这些人民可以通过其州政府的媒介，以独立国家的所有迅速、规律性和制度来采取措施进行自我防御？
The apprehension may be considered as a disease, for which there can be found no cure in the resources of argument and reasoning.
这种忧虑可以被视为一种疾病，在论证和推理的资源中找不到治愈方法。
PUBLIUS
普布利乌斯
1.
1.
Its full efficacy will be examined hereafter.
其全部功效将在下文进行检验。
FEDERALIST No. 29
联邦党人文集第29号
Concerning the Militia
关于民兵
From the New York Packet.
来自纽约邮包。
Wednesday, January 9, 1788
1788 年 1 月 9 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of the Confederacy.
管理民兵以及在叛乱和入侵时期指挥民兵服务的权力是监督共同防御和监视邦联内部和平的职责的自然附带条件。
It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects, whenever they were called into service for the public defense.
不需要战争科学的技巧就能看出，每当民兵被征召为公共防卫服务时，民兵组织和纪律的统一就会带来最有益的效果。
It would enable them to discharge the duties of the camp and of the field with mutual intelligence and concert an advantage of peculiar moment in the operations of an army; and it would fit them much sooner to acquire the degree of proficiency in military functions which would be essential to their usefulness.
这将使他们能够在军队行动中的特殊时刻以相互情报和协调的方式履行营地和战场的职责；他们可以更快地获得对军事职能的熟练程度，这对于他们的用处至关重要。
This desirable uniformity can only be accomplished by confiding the regulation of the militia to the direction of the national authority.
这种理想的统一性只能通过将民兵的管理交给国家当局的指导来实现。
It is, therefore, with the most evident propriety, that the plan of the convention proposes to empower the Union "to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, RESERVING TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS."
因此，最明显的是，该公约的计划提议授权联邦“规定组织、武装和训练民兵，并管理可能为美国服务的部分民兵，保留各州各自任命军官和根据规定纪律训练民兵的权力”由国会决定。”
Of the different grounds which have been taken in opposition to the plan of the convention, there is none that was so little to have been expected, or is so untenable in itself, as the one from which this particular provision has been attacked.
在反对制宪会议计划的各种不同理由中，没有一个比这一特定条款受到攻击的理由更出乎意料，或者本身站不住脚了。
If a well-regulated militia be the most natural defense of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security.
如果一支训练有素的民兵是一个自由国家最自然的防御力量，那么它当然应该受到国家安全卫士机构的监管和调遣。
If standing armies are dangerous to liberty, an efficacious power over the militia, in the body to whose care the protection of the State is committed, ought, as far as possible, to take away the inducement and the pretext to such unfriendly institutions.
如果常备军对自由构成危险，那么对负责保护国家的民兵的有效权力就应该尽可能消除这种不友好机构的诱因和借口。
If the federal government can command the aid of the militia in those emergencies which call for the military arm in support of the civil magistrate, it can the better dispense with the employment of a different kind of force.
如果联邦政府能够在需要军事力量支持民事法官的紧急情况下指挥民兵提供援助，那么它就可以更好地避免使用其他类型的部队。
If it cannot avail itself of the former, it will be obliged to recur to the latter.
如果它不能利用前者，它将不得不再次利用后者。
To render an army unnecessary, will be a more certain method of preventing its existence than a thousand prohibitions upon paper.
使军队变得不必要，将是比纸面上的一千条禁令更可靠的阻止军队存在的方法。
In order to cast an odium upon the power of calling forth the militia to execute the laws of the Union, it has been remarked that there is nowhere any provision in the proposed Constitution for calling out the POSSE COMITATUS, to assist the magistrate in the execution of his duty, whence it has been inferred, that military force was intended to be his only auxiliary.
为了贬低召集民兵执行联邦法律的权力，有人指出，拟议的宪法中没有任何条款规定召集地方警察部队来协助地方法官执行其职责，因此可以推断，军事力量是他唯一的辅助手段。
There is a striking incoherence in the objections which have appeared, and sometimes even from the same quarter, not much calculated to inspire a very favorable opinion of the sincerity or fair dealing of their authors.
所出现的反对意见存在着惊人的不一致，有时甚至来自同一方面，但并没有经过深思熟虑，无法激发对其作者的诚意或公平交易的非常有利的看法。
The same persons who tell us in one breath, that the powers of the federal government will be despotic and unlimited, inform us in the next, that it has not authority sufficient even to call out the POSSE COMITATUS.
那些人一口气告诉我们，联邦政府的权力将是专制和无限的，但接下来又告诉我们，联邦政府甚至没有足够的权力来召集地方议会。
The latter, fortunately, is as much short of the truth as the former exceeds it.
幸运的是，后者与事实的差距与前者的差距一样大。
It would be as absurd to doubt, that a right to pass all laws NECESSARY AND PROPER to execute its declared powers, would include that of requiring the assistance of the citizens to the officers who may be intrusted with the execution of those laws, as it would be to believe, that a right to enact laws necessary and proper for the imposition and collection of taxes would involve that of varying the rules of descent and of the alienation of landed property, or of abolishing the trial by jury in cases relating to it.
怀疑通过所有必要和适当的法律来执行其所宣布的权力的权利将包括要求公民协助可能负责执行这些法律的官员的权利，就像相信颁布必要和适当的法律以征税和征收税款的权利将涉及改变血统规则和转让土地财产的权利，或废除陪审团在有关案件中的审判一样荒谬。它。
It being therefore evident that the supposition of a want of power to require the aid of the POSSE COMITATUS is entirely destitute of color, it will follow, that the conclusion which has been drawn from it, in its application to the authority of the federal government over the militia, is as uncandid as it is illogical.
因此，显然，想要获得权力而需要地方警察队的援助的假设是完全没有色彩的，因此，由此得出的结论，在适用于联邦政府对民兵的权威时，既不坦率，又不合逻辑。
What reason could there be to infer, that force was intended to be the sole instrument of authority, merely because there is a power to make use of it when necessary?
有什么理由可以推断，仅仅因为有必要时有权力使用武力，武力就成为唯一的权威工具呢？
What shall we think of the motives which could induce men of sense to reason in this manner?
我们该如何看待促使有理智的人以这种方式推理的动机呢？
How shall we prevent a conflict between charity and conviction?
我们如何避免慈善与信仰之间的冲突？
By a curious refinement upon the spirit of republican jealousy, we are even taught to apprehend danger from the militia itself, in the hands of the federal government.
通过对共和主义嫉妒精神的一种奇怪的改进，我们甚至被教导要警惕来自联邦政府手中的民兵本身的危险。
It is observed that select corps may be formed, composed of the young and ardent, who may be rendered subservient to the views of arbitrary power.
据观察，可以组建由年轻而热心的人组成的精选队伍，他们可能会屈服于专制权力的观点。
What plan for the regulation of the militia may be pursued by the national government, is impossible to be foreseen.
国家政府会采取什么样的民兵管理计划，目前还无法预见。
But so far from viewing the matter in the same light with those who object to select corps as dangerous, were the Constitution ratified, and were I to deliver my sentiments to a member of the federal legislature from this State on the subject of a militia establishment, I should hold to him, in substance, the following discourse:
但到目前为止，我并没有与那些反对选择军队视为危险的人以同样的眼光来看待这个问题，如果宪法获得批准，如果我向本州的一位联邦立法机构成员表达我对民兵编制问题的看法，我实际上应该向他发表以下言论：
"The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution.
“训练美国所有民兵的计划如果能够付诸实施，不仅是徒劳的，而且是有害的。
A tolerable expertness in military movements is a business that requires time and practice.
军事行动的熟练程度需要时间和练习。
It is not a day, or even a week, that will suffice for the attainment of it.
要实现这一目标，一天甚至一周都不够。
To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss.
强迫自耕农和其他公民阶层的大部分人携带武器，以便进行军事演习和演练，并经常进行必要的训练，以获得使他们有资格成为一支训练有素的民兵的完美程度，这将是对人民的真正不满，也是对公众的严重不便和损失。
It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States.
它将构成每年从国家生产劳动中扣除的数额，根据目前的人口数量计算，这一数额不会远远低于所有州民事机构的全部开支。
To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: and the experiment, if made, could not succeed, because it would not long be endured.
尝试一项会在很大程度上削减劳动力和工业的事情是不明智的：而且即使进行了实验，也不会成功，因为它不会长期忍受。
Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.
对于广大人民来说，最合理的目标莫过于让他们拥有适当的武装和装备；为了确保这一点不被忽视，有必要在一年内将它们组装一两次。
"But though the scheme of disciplining the whole nation must be abandoned as mischievous or impracticable; yet it is a matter of the utmost importance that a well-digested plan should, as soon as possible, be adopted for the proper establishment of the militia.
“尽管对整个国家进行纪律处分的计划因恶作剧或不切实际而必须放弃；然而，最重要的是，应尽快通过一项经过充分消化的计划，以妥善建立民兵。
The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent, upon such principles as will really fit them for service in case of need.
政府的注意力应该特别集中在组建一支规模适中的精选部队上，其原则是真正适合他们在需要时提供服务的原则。
By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it.
通过这样限制计划，就有可能拥有一支训练有素的优秀民兵队伍，随时准备在国家保卫需要时上阵。
This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.
这不仅会减少对军事机构的需求，而且如果情况在任何时候迫使政府组建一支任何规模的军队，那么当有大量公民随时准备捍卫自己和同胞的权利时，军队永远不会对人民的自由产生强大的影响，而他们在纪律和武器使用方面几乎不逊色于他们。
This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist."
在我看来，这是可以为常备军设计的唯一替代品，也是对抗常备军的最佳安全措施（如果常备军存在的话）。”
Thus differently from the adversaries of the proposed Constitution should I reason on the same subject, deducing arguments of safety from the very sources which they represent as fraught with danger and perdition.
因此，我应该以与拟议宪法的反对者不同的方式对同一主题进行推理，从他们所代表的充满危险和毁灭的根源中演绎出安全论据。
But how the national legislature may reason on the point, is a thing which neither they nor I can foresee.
但国家立法机关会如何就这一点进行推理，是他们和我都无法预见的事情。
There is something so far-fetched and so extravagant in the idea of danger to liberty from the militia, that one is at a loss whether to treat it with gravity or with raillery; whether to consider it as a mere trial of skill, like the paradoxes of rhetoricians; as a disingenuous artifice to instil prejudices at any price; or as the serious offspring of political fanaticism.
民兵对自由构成威胁的想法是如此牵强和过分，以至于人们不知道是严肃对待还是嘲笑对待它。是否将其视为纯粹的技巧考验，就像修辞学家的悖论一样；作为一种不诚实的伎俩，不惜一切代价灌输偏见；或作为政治狂热的严重后代。
Where in the name of common-sense, are our fears to end if we may not trust our sons, our brothers, our neighbors, our fellow-citizens?
以常识的名义，如果我们不信任我们的儿子、我们的兄弟、我们的邻居、我们的同胞，我们的恐惧会在哪里结束呢？
What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings, sentiments, habits and interests?
那些每天与其他同胞打交道并以同样的感情、情绪、习惯和兴趣参与其中的人，会带来什么危险呢？
What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its services when necessary, while the particular States are to have the SOLE AND EXCLUSIVE APPOINTMENT OF THE OFFICERS?
联邦有权为民兵制定规章，并在必要时指挥其服务，而各州则拥有对军官的唯一任命，这有什么合理的理由可以推断出来呢？
If it were possible seriously to indulge a jealousy of the militia upon any conceivable establishment under the federal government, the circumstance of the officers being in the appointment of the States ought at once to extinguish it.
如果民兵对联邦政府下任何可以想象的机构有可能产生严重的嫉妒，那么军官由各州任命的情况应该立即消除这种嫉妒。
There can be no doubt that this circumstance will always secure to them a preponderating influence over the militia.
毫无疑问，这种情况将永远确保他们对民兵具有压倒性的影响力。
In reading many of the publications against the Constitution, a man is apt to imagine that he is perusing some ill-written tale or romance, which instead of natural and agreeable images, exhibits to the mind nothing but frightful and distorted shapes--
在阅读许多反对宪法的出版物时，一个人很容易想象自己正在阅读一些写得不好的故事或浪漫故事，这些故事和浪漫故事向人们展示的不是自然愉快的形象，而是可怕和扭曲的形状——
"Gorgons, hydras, and chimeras dire";
“蛇发女妖、九头蛇和可怕的嵌合体”；
discoloring and disfiguring whatever it represents, and transforming everything it touches into a monster.
使它所代表的一切变色、毁容，并将其接触到的一切变成怪物。
A sample of this is to be observed in the exaggerated and improbable suggestions which have taken place respecting the power of calling for the services of the militia.
这方面的一个例子可以从关于尊重民兵服务权力的夸大和不可能的建议中观察到。
That of New Hampshire is to be marched to Georgia, of Georgia to New Hampshire, of New York to Kentucky, and of Kentucky to Lake Champlain.
新罕布什尔州的军队将进军乔治亚州，乔治亚州将进军新罕布什尔州，纽约州将进军肯塔基州，肯塔基州将进军尚普兰湖。
Nay, the debts due to the French and Dutch are to be paid in militiamen instead of louis d'ors and ducats.
不仅如此，欠法国人和荷兰人的债务应该用民兵来偿还，而不是用金币和路易。
At one moment there is to be a large army to lay prostrate the liberties of the people; at another moment the militia of Virginia are to be dragged from their homes five or six hundred miles, to tame the republican contumacy of Massachusetts; and that of Massachusetts is to be transported an equal distance to subdue the refractory haughtiness of the aristocratic Virginians.
一会儿就会有一支大军来践踏人民的自由；一会儿就会有一支庞大的军队来践踏人民的自由。在另一个时刻，弗吉尼亚州的民兵将被从他们的家乡拖出五六百英里，以驯服马萨诸塞州的共和党人；马萨诸塞州的铁路也将被运送同样的距离，以制服弗吉尼亚贵族的顽固傲慢。
Do the persons who rave at this rate imagine that their art or their eloquence can impose any conceits or absurdities upon the people of America for infallible truths?
那些以这种速度狂欢的人是否认为他们的艺术或口才可以将任何自负或荒谬强加给美国人民以获得绝对正确的真理？
If there should be an army to be made use of as the engine of despotism, what need of the militia?
如果有一支军队可以作为专制政权的引擎，那还需要民兵吗？
If there should be no army, whither would the militia, irritated by being called upon to undertake a distant and hopeless expedition, for the purpose of riveting the chains of slavery upon a part of their countrymen, direct their course, but to the seat of the tyrants, who had meditated so foolish as well as so wicked a project, to crush them in their imagined intrenchments of power, and to make them an example of the just vengeance of an abused and incensed people?
如果没有军队，民兵们会被要求进行一次遥远而无望的远征，目的是把奴隶制的锁链铆在他们的一部分同胞身上，他们会去哪里，而不是去哪里，而不是去那些策划了如此愚蠢和邪恶的计划的暴君的所在地，在他们想象的权力堡垒中粉碎他们，使他们成为一个正义复仇的榜样。被虐待和激怒的人？
Is this the way in which usurpers stride to dominion over a numerous and enlightened nation?
难道篡位者就是通过这种方式来统治一个众多而开明的国家的吗？
Do they begin by exciting the detestation of the very instruments of their intended usurpations?
他们是否一开始就激起人们对其意图篡夺的工具的厌恶？
Do they usually commence their career by wanton and disgustful acts of power, calculated to answer no end, but to draw upon themselves universal hatred and execration?
他们是否通常以肆意而令人厌恶的权力行为开始他们的职业生涯，目的是没有结果，但会招致普遍的仇恨和咒骂？
Are suppositions of this sort the sober admonitions of discerning patriots to a discerning people?
这种假设是否是有洞察力的爱国者对有洞察力的人民的清醒劝告？
Or are they the inflammatory ravings of incendiaries or distempered enthusiasts?
或者它们是纵火犯或脾气暴躁的狂热分子的煽动性胡言乱语？
If we were even to suppose the national rulers actuated by the most ungovernable ambition, it is impossible to believe that they would employ such preposterous means to accomplish their designs.
如果我们假设国家统治者受到最难以控制的野心的驱使，我们就不可能相信他们会使用如此荒谬的手段来实现他们的计划。
In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition.
在发生叛乱或入侵时，邻国的民兵被派往另一个国家，以抵抗共同的敌人，或保卫共和国免受派系或叛乱的暴力侵害，这是很自然和适当的。
This was frequently the case, in respect to the first object, in the course of the late war; and this mutual succor is, indeed, a principal end of our political association.
在最近的战争过程中，就第一个目标而言，这种情况经常发生。事实上，这种相互帮助是我们政治联盟的主要目的。
If the power of affording it be placed under the direction of the Union, there will be no danger of a supine and listless inattention to the dangers of a neighbor, till its near approach had superadded the incitements of self-preservation to the too feeble impulses of duty and sympathy.
如果将提供它的权力置于联邦的指导之下，就不会有对邻国的危险袖手旁观、无精打采的忽视的危险，直到它的逼近将自我保护的煽动性强加到过于微弱的责任和同情的冲动之上。
PUBLIUS
普布利乌斯
FEDERALIST No. 30
联邦党人文集第30号
Concerning the General Power of Taxation
关于一般税收权力
From the New York Packet.
来自纽约邮包。
Friday, December 28, 1787.
1787 年 12 月 28 日星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IT HAS been already observed that the federal government ought to possess the power of providing for the support of the national forces; in which proposition was intended to be included the expense of raising troops, of building and equipping fleets, and all other expenses in any wise connected with military arrangements and operations.
人们已经注意到，联邦政府应该拥有为国家军队提供支持的权力；其中的提议旨在包括筹集部队、建造和装备舰队的费用以及与军事安排和行动有关的所有其他费用。
But these are not the only objects to which the jurisdiction of the Union, in respect to revenue, must necessarily be empowered to extend.
但这些并不是欧盟在收入方面的管辖权必须被授权延伸的唯一对象。
It must embrace a provision for the support of the national civil list; for the payment of the national debts contracted, or that may be contracted; and, in general, for all those matters which will call for disbursements out of the national treasury.
它必须包含支持国家民事名单的条款；用于支付已签订或可能已签订合同的国家债务；一般来说，所有那些需要从国库中拨款的事项。
The conclusion is, that there must be interwoven, in the frame of the government, a general power of taxation, in one shape or another.
结论是，在政府框架内必须以一种或另一种形式交织着一般的税收权力。
Money is, with propriety, considered as the vital principle of the body politic; as that which sustains its life and motion, and enables it to perform its most essential functions.
金钱被适当地视为政治体的重要原则。作为维持其生命和运动并使其能够执行其最基本功能的物质。
A complete power, therefore, to procure a regular and adequate supply of it, as far as the resources of the community will permit, may be regarded as an indispensable ingredient in every constitution.
因此，在社会资源允许的范围内，获得定期和充足供应的完整权力可以被视为每部宪法中不可或缺的组成部分。
From a deficiency in this particular, one of two evils must ensue; either the people must be subjected to continual plunder, as a substitute for a more eligible mode of supplying the public wants, or the government must sink into a fatal atrophy, and, in a short course of time, perish.
由于这一点的缺陷，必然会产生两种弊端之一：要么人民必须遭受持续的掠夺，以替代更合适的方式来满足公众的需求，要么政府必须陷入致命的萎缩，并在短时间内灭亡。
In the Ottoman or Turkish empire, the sovereign, though in other respects absolute master of the lives and fortunes of his subjects, has no right to impose a new tax.
在奥斯曼帝国或土耳其帝国，君主虽然在其他方面对其臣民的生命和财富拥有绝对的主人，但无权征收新税。
The consequence is that he permits the bashaws or governors of provinces to pillage the people without mercy; and, in turn, squeezes out of them the sums of which he stands in need, to satisfy his own exigencies and those of the state.
结果是他允许巴绍或省长毫不留情地掠夺人民。反过来，他又从其中榨取他所需要的资金，以满足他自己和国家的迫切需要。
In America, from a like cause, the government of the Union has gradually dwindled into a state of decay, approaching nearly to annihilation.
在美国，由于类似的原因，联邦政府逐渐衰落，走向衰败，几近毁灭。
Who can doubt, that the happiness of the people in both countries would be promoted by competent authorities in the proper hands, to provide the revenues which the necessities of the public might require?
谁能怀疑，主管当局在适当的手中将促进两国人民的幸福，并提供公众必需品可能需要的收入？
The present Confederation, feeble as it is intended to repose in the United States, an unlimited power of providing for the pecuniary wants of the Union.
目前的联邦，尽管其本意是在美国安息，但其力量却很弱小，但却拥有无限的权力来满足联邦的金钱需求。
But proceeding upon an erroneous principle, it has been done in such a manner as entirely to have frustrated the intention.
但它的做法是基于错误的原则，完全违背了初衷。
Congress, by the articles which compose that compact (as has already been stated), are authorized to ascertain and call for any sums of money necessary, in their judgment, to the service of the United States; and their requisitions, if conformable to the rule of apportionment, are in every constitutional sense obligatory upon the States.
根据构成该契约的条款（如前所述），国会有权根据其判断确定并要求为美国服务所需的任何资金；他们的请求，如果符合分配规则，从任何宪法意义上来说都是各州的义务。
These have no right to question the propriety of the demand; no discretion beyond that of devising the ways and means of furnishing the sums demanded.
他们无权质疑要求的适当性；除了设计提供所需款项的方式方法外，没有任何自由裁量权。
But though this be strictly and truly the case; though the assumption of such a right would be an infringement of the articles of Union; though it may seldom or never have been avowedly claimed, yet in practice it has been constantly exercised, and would continue to be so, as long as the revenues of the Confederacy should remain dependent on the intermediate agency of its members.
但尽管情况确实如此；尽管享有这样的权利将违反联盟条款；尽管它可能很少或从未被公开宣称，但实际上它一直在不断地行使，而且只要邦联的收入仍然依赖于其成员的中间机构，它就会继续如此。
What the consequences of this system have been, is within the knowledge of every man the least conversant in our public affairs, and has been amply unfolded in different parts of these inquiries.
这个系统的后果是什么，是每个最不熟悉我们公共事务的人都知道的，并且已经在这些调查的不同部分中得到了充分的展现。
It is this which has chiefly contributed to reduce us to a situation, which affords ample cause both of mortification to ourselves, and of triumph to our enemies.
正是这一点导致了我们陷入这样的境地：我们有充分的理由感到羞愧，也有充分的理由让我们的敌人取得胜利。
What remedy can there be for this situation, but in a change of the system which has produced it in a change of the fallacious and delusive system of quotas and requisitions?
对于这种情况，除了改变导致这种情况的制度、改变错误的、虚幻的配额和征用制度之外，还有什么补救办法呢？
What substitute can there be imagined for this ignis fatuus in finance, but that of permitting the national government to raise its own revenues by the ordinary methods of taxation authorized in every well-ordered constitution of civil government?
除了允许国家政府通过每一部秩序井然的公民政府宪法所授权的普通征税方法来增加自己的收入之外，还能想象出什么替代金融领域的这种灾难呢？
Ingenious men may declaim with plausibility on any subject; but no human ingenuity can point out any other expedient to rescue us from the inconveniences and embarrassments naturally resulting from defective supplies of the public treasury.
聪明人可以在任何话题上滔滔不绝地滔滔不绝。但是，人类的聪明才智无法指出任何其他权宜之计，可以使我们摆脱因公共财政供应不足而自然造成的不便和尴尬。
The more intelligent adversaries of the new Constitution admit the force of this reasoning; but they qualify their admission by a distinction between what they call INTERNAL and EXTERNAL taxation.
新宪法的更聪明的反对者承认这一推理的力量。但他们通过区分所谓的内部税收和外部税收来确定其准入资格。
The former they would reserve to the State governments; the latter, which they explain into commercial imposts, or rather duties on imported articles, they declare themselves willing to concede to the federal head.
前者将保留给州政府；他们将后者解释为商业进口税，或者更确切地说是对进口物品征收关税，他们宣称愿意向联邦首脑让步。
This distinction, however, would violate the maxim of good sense and sound policy, which dictates that every POWER ought to be in proportion to its OBJECT; and would still leave the general government in a kind of tutelage to the State governments, inconsistent with every idea of vigor or efficiency.
然而，这种区别将违反良好判断力和健全政策的准则，该准则规定每项权力都应与其目标成比例；并且仍然将联邦政府置于州政府的监督之下，这与活力或效率的每一个想法都不一致。
Who can pretend that commercial imposts are, or would be, alone equal to the present and future exigencies of the Union?
谁能假装商业进口现在或将来足以满足联邦当前和未来的紧急需要？
Taking into the account the existing debt, foreign and domestic, upon any plan of extinguishment which a man moderately impressed with the importance of public justice and public credit could approve, in addition to the establishments which all parties will acknowledge to be necessary, we could not reasonably flatter ourselves, that this resource alone, upon the most improved scale, would even suffice for its present necessities.
考虑到现有的国内外债务，除了所有各方都承认必要的机构之外，根据一个对公共正义和公共信用的重要性有一定印象的人可以批准的任何清偿计划，我们不能合理地自以为是，仅凭这一资源，在最大程度改善的规模上，甚至足以满足其目前的需要。
Its future necessities admit not of calculation or limitation; and upon the principle, more than once adverted to, the power of making provision for them as they arise ought to be equally unconfined.
其未来的需要不容计算或限制；根据不止一次提到的原则，在这些问题出现时为它们提供准备的权力也应该同样不受限制。
I believe it may be regarded as a position warranted by the history of mankind, that, IN THE USUAL PROGRESS OF THINGS, THE NECESSITIES OF A NATION, IN EVERY STAGE OF ITS EXISTENCE, WILL BE FOUND AT LEAST EQUAL TO ITS RESOURCES.
我相信，这可以被视为人类历史所保证的一个立场，即，在事物的通常发展过程中，一个国家在其存在的每个阶段的必需品将至少与其资源相等。
To say that deficiencies may be provided for by requisitions upon the States, is on the one hand to acknowledge that this system cannot be depended upon, and on the other hand to depend upon it for every thing beyond a certain limit.
说可以通过向各州征用来弥补缺陷，一方面是承认这一制度不能依赖，另一方面是在超出一定限度的情况下依赖它。
Those who have carefully attended to its vices and deformities as they have been exhibited by experience or delineated in the course of these papers, must feel invincible repugnancy to trusting the national interests in any degree to its operation.
那些仔细关注过其在经验中所展现的或在这些论文中所描述的恶习和畸形的人，一定会对在任何程度上相信国家利益对其运作感到不可战胜的反感。
Its inevitable tendency, whenever it is brought into activity, must be to enfeeble the Union, and sow the seeds of discord and contention between the federal head and its members, and between the members themselves.
无论何时，它的不可避免的倾向必定是削弱联邦，并在联邦元首与其成员之间以及成员之间播下不和与争论的种子。
Can it be expected that the deficiencies would be better supplied in this mode than the total wants of the Union have heretofore been supplied in the same mode?
是否可以预期，以这种方式来弥补不足，会比迄今为止以同样的方式来弥补联盟的总需求更好呢？
It ought to be recollected that if less will be required from the States, they will have proportionably less means to answer the demand.
应该记住，如果对各国的要求减少，它们满足要求的手段也会相应减少。
If the opinions of those who contend for the distinction which has been mentioned were to be received as evidence of truth, one would be led to conclude that there was some known point in the economy of national affairs at which it would be safe to stop and to say: Thus far the ends of public happiness will be promoted by supplying the wants of government, and all beyond this is unworthy of our care or anxiety.
如果那些主张上述区别的人的观点被视为真理的证据，那么人们就会得出这样的结论：在国家事务的经济中存在着某个已知的点，在这个点上我们可以安全地停下来说：到目前为止，公共幸福的目标将通过满足政府的需要来促进，除此之外的一切都不值得我们关心或焦虑。
How is it possible that a government half supplied and always necessitous, can fulfill the purposes of its institution, can provide for the security, advance the prosperity, or support the reputation of the commonwealth?
一个半供给且总是必需的政府怎么可能能够实现其机构的目的，能够提供安全，促进繁荣，或者支持联邦的声誉？
How can it ever possess either energy or stability, dignity or credit, confidence at home or respectability abroad?
它如何才能拥有活力或稳定、尊严或信用、国内信心或国外尊重？
How can its administration be any thing else than a succession of expedients temporizing, impotent, disgraceful?
它的管理难道不是一系列临时、无能、可耻的权宜之计吗？
How will it be able to avoid a frequent sacrifice of its engagements to immediate necessity?
它如何才能避免经常因迫在眉睫的需要而牺牲自己的行动？
How can it undertake or execute any liberal or enlarged plans of public good?
它如何能够承担或执行任何自由或扩大的公共利益计划？
Let us attend to what would be the effects of this situation in the very first war in which we should happen to be engaged.
让我们来看看这种情况在我们碰巧卷入的第一场战争中会产生什么影响。
We will presume, for argument's sake, that the revenue arising from the impost duties answers the purposes of a provision for the public debt and of a peace establishment for the Union.
为了论证的目的，我们将假设进口关税产生的收入满足了公共债务准备金和联邦和平建设的目的。
Thus circumstanced, a war breaks out.
在这样的情况下，一场战争爆发了。
What would be the probable conduct of the government in such an emergency?
在这种紧急情况下，政府可能会采取什么行动？
Taught by experience that proper dependence could not be placed on the success of requisitions, unable by its own authority to lay hold of fresh resources, and urged by considerations of national danger, would it not be driven to the expedient of diverting the funds already appropriated from their proper objects to the defense of the State?
经验告诉我们，不能完全依赖征用的成功，不能靠自己的权力掌握新的资源，并出于对国家危险的考虑而敦促它，难道它不会被迫将已经拨出的资金从其适当的用途转移到国防上吗？
It is not easy to see how a step of this kind could be avoided; and if it should be taken, it is evident that it would prove the destruction of public credit at the very moment that it was becoming essential to the public safety.
很难看出如何避免这种步骤。如果采取这种做法，很明显，在公共信用对公共安全变得至关重要的时刻，公共信用就会遭到破坏。
To imagine that at such a crisis credit might be dispensed with, would be the extreme of infatuation.
想象在这样的危机中可以放弃信贷，将是极端的痴迷。
In the modern system of war, nations the most wealthy are obliged to have recourse to large loans.
在现代战争体系中，最富有的国家不得不求助于大笔贷款。
A country so little opulent as ours must feel this necessity in a much stronger degree.
像我们这样一个不富裕的国家必须更强烈地感受到这种必要性。
But who would lend to a government that prefaced its overtures for borrowing by an act which demonstrated that no reliance could be placed on the steadiness of its measures for paying?
但是，谁会向一个以表明其支付措施的稳定性不值得信赖的行为来提出借贷建议的政府提供贷款呢？
The loans it might be able to procure would be as limited in their extent as burdensome in their conditions.
它可能获得的贷款的范围有限，条件也很繁重。
They would be made upon the same principles that usurers commonly lend to bankrupt and fraudulent debtors, with a sparing hand and at enormous premiums.
它们的制定原则与高利贷者通常向破产和欺诈性债务人提供贷款的原则相同，他们会毫不手软地以巨额溢价贷款。
It may perhaps be imagined that, from the scantiness of the resources of the country, the necessity of diverting the established funds in the case supposed would exist, though the national government should possess an unrestrained power of taxation.
也许可以想象，由于国家资源匮乏，尽管国家政府应该拥有不受限制的征税权，但在这种情况下挪用既定资金的必要性是存在的。
But two considerations will serve to quiet all apprehension on this head: one is, that we are sure the resources of the community, in their full extent, will be brought into activity for the benefit of the Union; the other is, that whatever deficiences there may be, can without difficulty be supplied by loans.
但有两个考虑因素将有助于平息对此的所有担忧：其一，我们确信社区的资源将充分发挥作用，以造福于联盟；另一个是，无论存在什么缺陷，都可以毫无困难地通过贷款来弥补。
The power of creating new funds upon new objects of taxation, by its own authority, would enable the national government to borrow as far as its necessities might require.
凭借其自身的权力，根据新的征税对象创建新基金的权力将使中央政府能够根据其需要而借贷。
Foreigners, as well as the citizens of America, could then reasonably repose confidence in its engagements; but to depend upon a government that must itself depend upon thirteen other governments for the means of fulfilling its contracts, when once its situation is clearly understood, would require a degree of credulity not often to be met with in the pecuniary transactions of mankind, and little reconcilable with the usual sharp-sightedness of avarice.
这样，外国人以及美国公民就可以合理地对其活动抱有信心；但是，如果要依赖一个政府，而这个政府本身必须依赖其他十三个政府来履行其契约，一旦清楚地了解了它的情况，就需要一定程度的轻信，这在人类的金钱交易中并不常见，而且与通常的锐利的贪婪是不可调和的。
Reflections of this kind may have trifling weight with men who hope to see realized in America the halcyon scenes of the poetic or fabulous age; but to those who believe we are likely to experience a common portion of the vicissitudes and calamities which have fallen to the lot of other nations, they must appear entitled to serious attention.
对于那些希望在美国实现诗意或神话时代的宁静景象的人来说，这种思考可能没有什么意义。但对于那些相信我们可能会经历其他国家所遭受的沧桑和灾难的人来说，他们似乎有权受到认真关注。
Such men must behold the actual situation of their country with painful solicitude, and deprecate the evils which ambition or revenge might, with too much facility, inflict upon it.
这些人必须以痛苦的关怀来看待自己国家的实际情况，并反对野心或复仇可能轻易地给国家带来的祸害。
PUBLIUS
普布利乌斯
FEDERALIST No. 31
联邦党人文集 31 号
The Same Subject Continued (Concerning the General Power of Taxation)
同一主题继续（关于一般税收权力）
From the New York Packet.
来自纽约邮包。
Tuesday, January 1, 1788.
1788 年 1 月 1 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IN DISQUISITIONS of every kind, there are certain primary truths, or first principles, upon which all subsequent reasonings must depend.
在各种论文中，都有某些基本真理或首要原则，所有后续推理都必须依赖它们。
These contain an internal evidence which, antecedent to all reflection or combination, commands the assent of the mind.
这些包含了内在的证据，在所有的反思或组合之前，它已经得到了头脑的同意。
Where it produces not this effect, it must proceed either from some defect or disorder in the organs of perception, or from the influence of some strong interest, or passion, or prejudice.
如果它不能产生这种效果，那么它一定是由于感知器官的某种缺陷或紊乱，或者是由于某种强烈的兴趣、激情或偏见的影响而产生的。
Of this nature are the maxims in geometry, that "the whole is greater than its part; things equal to the same are equal to one another; two straight lines cannot enclose a space; and all right angles are equal to each other." Of the same nature are these other maxims in ethics and politics, that there cannot be an effect without a cause; that the means ought to be proportioned to the end; that every power ought to be commensurate with its object; that there ought to be no limitation of a power destined to effect a purpose which is itself incapable of limitation.
几何学的格言就是这种性质，即“整体大于部分；相同的事物彼此相等；两条直线不能围成一个空间；所有直角都彼此相等。”伦理学和政治学中的其他格言也具有同样的性质：没有原因就不可能有结果。手段应与目的相称；每项权力都应与其目标相称；不应限制旨在实现其本身无法限制的目的的权力。
And there are other truths in the two latter sciences which, if they cannot pretend to rank in the class of axioms, are yet such direct inferences from them, and so obvious in themselves, and so agreeable to the natural and unsophisticated dictates of common-sense, that they challenge the assent of a sound and unbiased mind, with a degree of force and conviction almost equally irresistible.
后两门科学中还有其他真理，即使它们不能自称属于公理类别，但它们却是从公理中直接推论出来的，而且本身如此明显，而且如此符合常识的自然和简单的指示，以至于它们以几乎同样不可抗拒的力量和信念挑战健全和公正的头脑的同意。
The objects of geometrical inquiry are so entirely abstracted from those pursuits which stir up and put in motion the unruly passions of the human heart, that mankind, without difficulty, adopt not only the more simple theorems of the science, but even those abstruse paradoxes which, however they may appear susceptible of demonstration, are at variance with the natural conceptions which the mind, without the aid of philosophy, would be led to entertain upon the subject.
几何研究的对象完全是从那些激发和推动人类内心难以驾驭的激情的追求中抽象出来的，以至于人类不仅毫无困难地采用了更简单的科学定理，而且甚至采用了那些深奥的悖论，尽管这些悖论看起来很容易证明，但它们与自然概念是不一致的，而在没有哲学的帮助下，人们的头脑在这个主题上所抱有的观念是不一致的。
The INFINITE DIVISIBILITY of matter, or, in other words, the INFINITE divisibility of a FINITE thing, extending even to the minutest atom, is a point agreed among geometricians, though not less incomprehensible to common-sense than any of those mysteries in religion, against which the batteries of infidelity have been so industriously leveled.
物质的无限可分性，或者换句话说，有限事物的无限可分性，甚至延伸到最微小的原子，这是几何学家们一致同意的观点，尽管对常识而言，它并不比宗教中的任何奥秘更难以理解，不忠的炮火一直在不断地针对宗教奥秘进行攻击。
But in the sciences of morals and politics, men are found far less tractable.
但在道德和政治科学中，人们却远没有那么容易驾驭。
To a certain degree, it is right and useful that this should be the case.
从某种程度上来说，这样做是正确的，也是有用的。
Caution and investigation are a necessary armor against error and imposition.
谨慎和调查是防止错误和强加的必要盔甲。
But this untractableness may be carried too far, and may degenerate into obstinacy, perverseness, or disingenuity.
但这种难以驾驭的行为可能会变得太过分，并且可能会退化为固执、任性或不诚实。
Though it cannot be pretended that the principles of moral and political knowledge have, in general, the same degree of certainty with those of the mathematics, yet they have much better claims in this respect than, to judge from the conduct of men in particular situations, we should be disposed to allow them.
虽然不能假装道德和政治知识的原则在一般情况下与数学的原则具有相同程度的确定性，但它们在这方面比在特定情况下根据人们的行为进行判断有更好的主张，我们应该倾向于允许它们。
The obscurity is much oftener in the passions and prejudices of the reasoner than in the subject.
推理者的激情和偏见比主体更容易出现模糊性。
Men, upon too many occasions, do not give their own understandings fair play; but, yielding to some untoward bias, they entangle themselves in words and confound themselves in subtleties.
在很多情况下，人们不会公平地对待自己的理解。但是，他们却屈服于某些不良偏见，陷入言语纠缠，迷失微妙之处。
How else could it happen (if we admit the objectors to be sincere in their opposition), that positions so clear as those which manifest the necessity of a general power of taxation in the government of the Union, should have to encounter any adversaries among men of discernment?
否则怎么会发生这样的情况（如果我们承认反对者的反对是真诚的），像那些表明联邦政府中普遍征税权必要性的立场如此明确，却会遇到有洞察力的人的对手？
Though these positions have been elsewhere fully stated, they will perhaps not be improperly recapitulated in this place, as introductory to an examination of what may have been offered by way of objection to them.
尽管这些立场已在其他地方得到充分阐述，但在这里也许不会不恰当地重述它们，作为对可能通过反对这些立场提出的内容进行审查的介绍性内容。
They are in substance as follows:
它们的实质内容如下：
A government ought to contain in itself every power requisite to the full accomplishment of the objects committed to its care, and to the complete execution of the trusts for which it is responsible, free from every other control but a regard to the public good and to the sense of the people.
政府本身应该拥有充分实现其所关心的目标和完全执行其所负责的信托所必需的一切权力，不受任何其他控制，但要考虑公共利益和人民的感受。
As the duties of superintending the national defense and of securing the public peace against foreign or domestic violence involve a provision for casualties and dangers to which no possible limits can be assigned, the power of making that provision ought to know no other bounds than the exigencies of the nation and the resources of the community.
由于监督国防和确保公共和平免受外国或家庭暴力的职责涉及对伤亡和危险的规定，而对此没有可能的限制，因此制定该规定的权力除了国家的紧急情况和社会的资源外不应有任何其他限制。
As revenue is the essential engine by which the means of answering the national exigencies must be procured, the power of procuring that article in its full extent must necessarily be comprehended in that of providing for those exigencies.
由于收入是解决国家迫切需要的手段的重要引擎，因此，获得该物品的全部权力必须包含在满足这些紧急情况的权力中。
As theory and practice conspire to prove that the power of procuring revenue is unavailing when exercised over the States in their collective capacities, the federal government must of necessity be invested with an unqualified power of taxation in the ordinary modes.
由于理论和实践共同证明，以集体身份向各州行使获取收入的权力是无效的，因此联邦政府必须被赋予以普通模式无条件征税的权力。
Did not experience evince the contrary, it would be natural to conclude that the propriety of a general power of taxation in the national government might safely be permitted to rest on the evidence of these propositions, unassisted by any additional arguments or illustrations.
如果没有经验表明相反的情况，很自然地得出这样的结论：国家政府的一般征税权的适当性可以安全地允许建立在这些命题的证据之上，而无需任何额外的论据或例证的帮助。
But we find, in fact, that the antagonists of the proposed Constitution, so far from acquiescing in their justness or truth, seem to make their principal and most zealous effort against this part of the plan.
但事实上，我们发现，拟议宪法的反对者非但没有默许其正义性或真理，反而似乎在竭尽全力反对该计划的这一部分。
It may therefore be satisfactory to analyze the arguments with which they combat it.
因此，分析他们反对这一观点的论点可能会令人满意。
Those of them which have been most labored with that view, seem in substance to amount to this: "It is not true, because the exigencies of the Union may not be susceptible of limitation, that its power of laying taxes ought to be unconfined.
他们中那些最受这种观点困扰的人似乎实质上是这样的：“由于联邦的紧急情况可能不受限制，因此其征税权力就应该不受限制，这是不正确的。
Revenue is as requisite to the purposes of the local administrations as to those of the Union; and the former are at least of equal importance with the latter to the happiness of the people.
收入对于地方行政部门的目的和联盟的目的来说都是必要的；对于人民的幸福来说，前者至少与后者同等重要。
It is, therefore, as necessary that the State governments should be able to command the means of supplying their wants, as that the national government should possess the like faculty in respect to the wants of the Union.
因此，州政府应该能够掌握满足其需求的手段，就像中央政府应该拥有满足联邦需求的类似能力一样。
But an indefinite power of taxation in the LATTER might, and probably would in time, deprive the FORMER of the means of providing for their own necessities; and would subject them entirely to the mercy of the national legislature.
但是，后者无限期的征税权可能而且很可能最终会剥夺前者满足自己必需品的手段；并将让他们完全服从国家立法机关的摆布。
As the laws of the Union are to become the supreme law of the land, as it is to have power to pass all laws that may be NECESSARY for carrying into execution the authorities with which it is proposed to vest it, the national government might at any time abolish the taxes imposed for State objects upon the pretense of an interference with its own.
由于联邦法律将成为国家的最高法律，由于它有权通过执行其拟授予的权力所需的所有法律，国家政府可以随时以干涉其自身目标为借口，废除为国家目标征收的税款。
It might allege a necessity of doing this in order to give efficacy to the national revenues.
它可能声称有必要这样做，以便提高国家收入的效率。
And thus all the resources of taxation might by degrees become the subjects of federal monopoly, to the entire exclusion and destruction of the State governments."
因此，所有税收资源可能会逐渐成为联邦垄断的主体，从而完全排斥和破坏州政府。”
This mode of reasoning appears sometimes to turn upon the supposition of usurpation in the national government; at other times it seems to be designed only as a deduction from the constitutional operation of its intended powers.
这种推理模式有时似乎会以篡夺国家政府的假设为基础。在其他时候，它似乎只是被设计为从其预期权力的宪法运作中扣除。
It is only in the latter light that it can be admitted to have any pretensions to fairness.
只有从后一种角度来看，才可以承认它有任何公平的借口。
The moment we launch into conjectures about the usurpations of the federal government, we get into an unfathomable abyss, and fairly put ourselves out of the reach of all reasoning.
一旦我们对联邦政府的篡夺行为展开猜测，我们就陷入了深不可测的深渊，完全脱离了所有推理的范围。
Imagination may range at pleasure till it gets bewildered amidst the labyrinths of an enchanted castle, and knows not on which side to turn to extricate itself from the perplexities into which it has so rashly adventured.
想象力可能会随心所欲地发挥，直到它在一座迷人城堡的迷宫中感到困惑，并且不知道该转向哪一边才能从它如此鲁莽地冒险陷入的困惑中解脱出来。
Whatever may be the limits or modifications of the powers of the Union, it is easy to imagine an endless train of possible dangers; and by indulging an excess of jealousy and timidity, we may bring ourselves to a state of absolute scepticism and irresolution.
无论联邦权力的限制或修改如何，很容易想象出无穷无尽的潜在危险；如果我们过度嫉妒和胆怯，我们可能会陷入绝对怀疑和优柔寡断的境地。
I repeat here what I have observed in substance in another place, that all observations founded upon the danger of usurpation ought to be referred to the composition and structure of the government, not to the nature or extent of its powers.
我在这里重复我在其他地方所观察到的实质内容，即所有基于篡夺危险的观察都应该涉及政府的组成和结构，而不是其权力的性质或范围。
The State governments, by their original constitutions, are invested with complete sovereignty.
根据原来的宪法，各州政府被赋予完全的主权。
In what does our security consist against usurpation from that quarter?
我们的安全靠什么来防止那个季度的篡夺？
Doubtless in the manner of their formation, and in a due dependence of those who are to administer them upon the people.
毫无疑问，它们的形成方式，以及那些管理它们的人对人民的适当依赖。
If the proposed construction of the federal government be found, upon an impartial examination of it, to be such as to afford, to a proper extent, the same species of security, all apprehensions on the score of usurpation ought to be discarded.
如果经过公正的审查，发现联邦政府的拟议建设能够在适当的程度上提供同样的安全，那么所有对篡夺行为的担忧都应该被放弃。
It should not be forgotten that a disposition in the State governments to encroach upon the rights of the Union is quite as probable as a disposition in the Union to encroach upon the rights of the State governments.
不应忘记，州政府侵犯联邦权利的可能性与联邦侵犯州政府权利的可能性相当。
What side would be likely to prevail in such a conflict, must depend on the means which the contending parties could employ toward insuring success.
在这样的冲突中哪一方可能获胜，必须取决于竞争双方为确保成功而可以采取的手段。
As in republics strength is always on the side of the people, and as there are weighty reasons to induce a belief that the State governments will commonly possess most influence over them, the natural conclusion is that such contests will be most apt to end to the disadvantage of the Union; and that there is greater probability of encroachments by the members upon the federal head, than by the federal head upon the members.
由于在共和国中，力量总是站在人民一边，并且有充分的理由让人相信州政府通常对他们拥有最大的影响力，因此自然的结论是，这种竞争最有可能以对联邦不利的方式结束；联邦元首侵犯联邦元首的可能性比联邦元首侵犯联邦成员的可能性更大。
But it is evident that all conjectures of this kind must be extremely vague and fallible: and that it is by far the safest course to lay them altogether aside, and to confine our attention wholly to the nature and extent of the powers as they are delineated in the Constitution.
但显然，所有此类猜想必定是极其模糊和容易出错的：迄今为止，最安全的做法是将它们完全搁置一旁，并将我们的注意力完全限制在宪法中界定的权力的性质和范围上。
Every thing beyond this must be left to the prudence and firmness of the people; who, as they will hold the scales in their own hands, it is to be hoped, will always take care to preserve the constitutional equilibrium between the general and the State governments.
除此之外的一切都必须留给人民的谨慎和坚定；他们将把天平掌握在自己手中，因此我们希望他们能够始终注意维护联邦政府和州政府之间的宪法平衡。
Upon this ground, which is evidently the true one, it will not be difficult to obviate the objections which have been made to an indefinite power of taxation in the United States.
基于这一显然是真实的理由，就不难消除对美国无限期征税权提出的反对意见。
PUBLIUS
普布利乌斯
FEDERALIST No. 32
联邦党人文集第32号
The Same Subject Continued (Concerning the General Power of Taxation)
同一主题继续（关于一般税收权力）
From The Independent Journal.
来自独立杂志。
Wednesday, January 2, 1788.
1788 年 1 月 2 日星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
ALTHOUGH I am of opinion that there would be no real danger of the consequences which seem to be apprehended to the State governments from a power in the Union to control them in the levies of money, because I am persuaded that the sense of the people, the extreme hazard of provoking the resentments of the State governments, and a conviction of the utility and necessity of local administrations for local purposes, would be a complete barrier against the oppressive use of such a power; yet I am willing here to allow, in its full extent, the justness of the reasoning which requires that the individual States should possess an independent and uncontrollable authority to raise their own revenues for the supply of their own wants.
尽管我认为，联邦权力在征税方面对州政府的控制似乎不会带来真正的危险，因为我相信，人民的意识、激起州政府怨恨的极端危险以及对地方行政机构为地方目的的效用和必要性的信念，将是反对压迫性使用这种权力的完全障碍；然而，我愿意在这里充分承认这种推理的公正性，即要求各个国家应该拥有独立和不受控制的权力来增加自己的收入来满足自己的需要。
And making this concession, I affirm that (with the sole exception of duties on imports and exports) they would, under the plan of the convention, retain that authority in the most absolute and unqualified sense; and that an attempt on the part of the national government to abridge them in the exercise of it, would be a violent assumption of power, unwarranted by any article or clause of its Constitution.
在做出这一让步时，我确认（除了进出口关税之外）他们将根据公约的计划，在最绝对和无条件的意义上保留这一权力；国家政府在行使权力时试图削减这些权力，将是暴力夺取权力，其宪法的任何条款或条款都没有依据。
An entire consolidation of the States into one complete national sovereignty would imply an entire subordination of the parts; and whatever powers might remain in them, would be altogether dependent on the general will.
将各国完全合并为一个完整的国家主权意味着各部分完全从属；无论他们保留什么权力，都完全取决于普遍意志。
But as the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States.
但由于该公约的计划仅旨在部分联合或合并，各州政府将明确保留它们以前拥有的所有主权权利，而这些权利并未通过该法案完全委托给美国。
This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally CONTRADICTORY and REPUGNANT.
这种国家主权的排他性授权，或者更确切地说，这种国家主权的让渡，只存在于三种情况下：宪法明确授予联盟排他性权力；它在一种情况下向联邦授予权力，而在另一种情况下禁止各州行使类似的权力；如果它向联邦授予权力，那么在各州设立类似的权力将是绝对完全矛盾和令人反感的。
I use these terms to distinguish this last case from another which might appear to resemble it, but which would, in fact, be essentially different; I mean where the exercise of a concurrent jurisdiction might be productive of occasional interferences in the POLICY of any branch of administration, but would not imply any direct contradiction or repugnancy in point of constitutional authority.
我使用这些术语来区分最后一个案例和另一个看似相似但实际上本质上不同的案例。我的意思是，并行管辖权的行使可能会偶尔干扰任何行政部门的政策，但并不意味着与宪法权威有任何直接矛盾或反感。
These three cases of exclusive jurisdiction in the federal government may be exemplified by the following instances: The last clause but one in the eighth section of the first article provides expressly that Congress shall exercise "EXCLUSIVE LEGISLATION" over the district to be appropriated as the seat of government.
联邦政府专属管辖权的这三种情况可以通过以下情况来举例说明：第一条第八节中的最后一个条款明确规定，国会应对拟划为政府所在地的地区行使“专属立法”。
This answers to the first case.
这回答了第一种情况。
The first clause of the same section empowers Congress "to lay and collect taxes, duties, imposts and excises"; and the second clause of the tenth section of the same article declares that, "NO STATE SHALL, without the consent of Congress, lay any imposts or duties on imports or exports, except for the purpose of executing its inspection laws." Hence would result an exclusive power in the Union to lay duties on imports and exports, with the particular exception mentioned; but this power is abridged by another clause, which declares that no tax or duty shall be laid on articles exported from any State; in consequence of which qualification, it now only extends to the DUTIES ON IMPORTS.
该节第一款授权国会“征收和征收税款、关税、进口税和消费税”；该条第十节第二款声明，“未经国会同意，任何国家不得对进出口征收任何关税，除非是为了执行其检验法。”因此，欧盟将拥有对进出口征收关税的专属权力，但所提到的特殊例外除外；但这一权力被另一项条款所削弱，该条款声明不得对从任何国家出口的物品征收任何税款或关税；由于该限制，现在仅适用于进口关税。
This answers to the second case.
这回答了第二种情况。
The third will be found in that clause which declares that Congress shall have power "to establish an UNIFORM RULE of naturalization throughout the United States." This must necessarily be exclusive; because if each State had power to prescribe a DISTINCT RULE, there could not be a UNIFORM RULE.
第三条可以在该条款中找到，该条款宣布国会有权“在全美国制定统一的入籍规则”。这必须是排他性的；因为如果每个州都有权制定不同的规则，就不可能有统一的规则。
A case which may perhaps be thought to resemble the latter, but which is in fact widely different, affects the question immediately under consideration.
一个可能被认为与后者相似但实际上截然不同的案例影响了正在考虑的问题。
I mean the power of imposing taxes on all articles other than exports and imports.
我的意思是对除进出口以外的所有物品征税的权力。
This, I contend, is manifestly a concurrent and coequal authority in the United States and in the individual States.
我认为，这显然是美国和各个州的并行且平等的权威。
There is plainly no expression in the granting clause which makes that power EXCLUSIVE in the Union.
授予条款中显然没有任何表述使该权力在欧盟具有排他性。
There is no independent clause or sentence which prohibits the States from exercising it.
没有任何独立的条款或句子禁止各州行使它。
So far is this from being the case, that a plain and conclusive argument to the contrary is to be deduced from the restraint laid upon the States in relation to duties on imports and exports.
到目前为止，情况并非如此，从各国对进出口关税的限制中可以推断出一个简单而结论性的相反论点。
This restriction implies an admission that, if it were not inserted, the States would possess the power it excludes; and it implies a further admission, that as to all other taxes, the authority of the States remains undiminished.
这一限制意味着承认，如果不加入这一限制，各国将拥有其排除的权力；这意味着进一步承认，对于所有其他税收，各州的权力仍然没有减弱。
In any other view it would be both unnecessary and dangerous; it would be unnecessary, because if the grant to the Union of the power of laying such duties implied the exclusion of the States, or even their subordination in this particular, there could be no need of such a restriction; it would be dangerous, because the introduction of it leads directly to the conclusion which has been mentioned, and which, if the reasoning of the objectors be just, could not have been intended; I mean that the States, in all cases to which the restriction did not apply, would have a concurrent power of taxation with the Union.
任何其他观点都认为这既不必要又危险。这是没有必要的，因为如果授予联邦履行此类义务的权力意味着将各州排除在外，甚至意味着它们在这方面处于从属地位，那么就没有必要进行这样的限制；这将是危险的，因为引入它会直接导致已经提到的结论，而如果反对者的推理是公正的，那么这个结论就不可能是有意的；我的意思是，在所有不适用该限制的情况下，各州将与联邦拥有并行的征税权。
The restriction in question amounts to what lawyers call a NEGATIVE PREGNANT that is, a NEGATION of one thing, and an AFFIRMANCE of another; a negation of the authority of the States to impose taxes on imports and exports, and an affirmance of their authority to impose them on all other articles.
所讨论的限制相当于律师所说的“消极怀孕”，即对一件事的否定，对另一件事的肯定；否定各州对进出口征税的权力，并确认各州对所有其他物品征税的权力。
It would be mere sophistry to argue that it was meant to exclude them ABSOLUTELY from the imposition of taxes of the former kind, and to leave them at liberty to lay others SUBJECT TO THE CONTROL of the national legislature.
如果说这意味着将他们绝对排除在前一种税收的征收范围之外，并让他们可以自由地将其他人置于国家立法机关的控制之下，那纯粹是诡辩。
The restraining or prohibitory clause only says, that they shall not, WITHOUT THE CONSENT OF CONGRESS, lay such duties; and if we are to understand this in the sense last mentioned, the Constitution would then be made to introduce a formal provision for the sake of a very absurd conclusion; which is, that the States, WITH THE CONSENT of the national legislature, might tax imports and exports; and that they might tax every other article, UNLESS CONTROLLED by the same body.
限制性或禁止性条款仅规定，未经国会同意，他们不得规定此类职责；如果我们按照最后提到的意义来理解这一点，那么宪法就会为了一个非常荒谬的结论而引入一项正式的规定；也就是说，经国家立法机关同意，各州可以对进出口征税；他们可能会对其他物品征税，除非由同一机构控制。
If this was the intention, why not leave it, in the first instance, to what is alleged to be the natural operation of the original clause, conferring a general power of taxation upon the Union?
如果这是意图，为什么不首先将其留给所谓的原始条款的自然运作，赋予联邦一般征税权力？
It is evident that this could not have been the intention, and that it will not bear a construction of the kind.
很明显，这不可能是本意，而且它也不适合这样的构造。
As to a supposition of repugnancy between the power of taxation in the States and in the Union, it cannot be supported in that sense which would be requisite to work an exclusion of the States.
至于各州和联邦的征税权之间相互抵触的假设，它不能在排除各州所必需的意义上得到支持。
It is, indeed, possible that a tax might be laid on a particular article by a State which might render it INEXPEDIENT that thus a further tax should be laid on the same article by the Union; but it would not imply a constitutional inability to impose a further tax.
事实上，一个国家可能对某一特定物品征税，这可能会导致联盟对同一物品进一步征税变得不合适；但这并不意味着宪法规定无法征收进一步的税。
The quantity of the imposition, the expediency or inexpediency of an increase on either side, would be mutually questions of prudence; but there would be involved no direct contradiction of power.
征税的数量、双方增加的适当性或不适当性，都将是相互谨慎的问题；但不会涉及直接的权力矛盾。
The particular policy of the national and of the State systems of finance might now and then not exactly coincide, and might require reciprocal forbearances.
国家和国家金融系统的特定政策有时可能并不完全一致，并且可能需要相互宽容。
It is not, however a mere possibility of inconvenience in the exercise of powers, but an immediate constitutional repugnancy that can by implication alienate and extinguish a pre-existing right of sovereignty.
然而，这不仅仅是在行使权力时造成不便的可能性，而是一种直接的宪法抵触，可能暗示让渡和消灭先前存在的主权权利。
The necessity of a concurrent jurisdiction in certain cases results from the division of the sovereign power; and the rule that all authorities, of which the States are not explicitly divested in favor of the Union, remain with them in full vigor, is not a theoretical consequence of that division, but is clearly admitted by the whole tenor of the instrument which contains the articles of the proposed Constitution.
在某些案件中，由于主权权力的划分而需要并行管辖；各州没有明确放弃所有权力以支持联邦的规定，仍保留全部权力，这并不是这种划分的理论上的结果，而是包含拟议宪法条款的文书的整个主旨明确承认的。
We there find that, notwithstanding the affirmative grants of general authorities, there has been the most pointed care in those cases where it was deemed improper that the like authorities should reside in the States, to insert negative clauses prohibiting the exercise of them by the States.
我们发现，尽管有一般当局的积极授权，但在那些认为类似当局应驻留在各州不适当的情况下，仍采取了最尖锐的谨慎态度，以插入禁止各州行使这些权力的消极条款。
The tenth section of the first article consists altogether of such provisions.
第一条第十款全部由此类规定组成。
This circumstance is a clear indication of the sense of the convention, and furnishes a rule of interpretation out of the body of the act, which justifies the position I have advanced and refutes every hypothesis to the contrary.
这种情况清楚地表明了公约的意义，并提供了法案正文的解释规则，这证明了我提出的立场并驳斥了所有相反的假设。
PUBLIUS
普布利乌斯
FEDERALIST No. 33
联邦党人文集第33号
The Same Subject Continued (Concerning the General Power of Taxation)
同一主题继续（关于一般税收权力）
From The Independent Journal.
来自独立杂志。
Wednesday, January 2, 1788.
1788 年 1 月 2 日星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE residue of the argument against the provisions of the Constitution in respect to taxation is ingrafted upon the following clause.
反对宪法有关税收规定的论点的残余内容被移植到以下条款中。
The last clause of the eighth section of the first article of the plan under consideration authorizes the national legislature "to make all laws which shall be NECESSARY and PROPER for carrying into execution THE POWERS by that Constitution vested in the government of the United States, or in any department or officer thereof"; and the second clause of the sixth article declares, "that the Constitution and the laws of the United States made IN PURSUANCE THEREOF, and the treaties made by their authority shall be the SUPREME LAW of the land, any thing in the constitution or laws of any State to the contrary notwithstanding."
正在考虑的计划第一条第八节的最后一项授权国家立法机关“制定所有必要和适当的法律，以执行宪法赋予美国政府或其任何部门或官员的权力”；第六条第二款宣称，“合众国宪法和据其制定的法律以及由其权力签订的条约应成为该国的最高法律，无论任何州的宪法或法律中有任何相反的规定。”
These two clauses have been the source of much virulent invective and petulant declamation against the proposed Constitution.
这两个条款一直是针对拟议宪法的恶毒谩骂和暴躁言论的根源。
They have been held up to the people in all the exaggerated colors of misrepresentation as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated; as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane; and yet, strange as it may appear, after all this clamor, to those who may not have happened to contemplate them in the same light, it may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated, as if they were repeated in every article.
他们以各种夸张的歪曲色彩向人民展示，将其视为摧毁当地政府、消灭人民自由的有害引擎；就像那可怕的怪物，它的吞噬之口不分性别、年龄、高低、神圣或亵渎；然而，尽管在所有这些喧嚣之后，对于那些可能没有碰巧以同样的角度考虑这些条款的人来说，可能会显得很奇怪，但我们可以完全有信心地肯定，如果这些条款被完全删除，就好像它们在每一篇文章中都重复一样，预期政府的宪法运作将完全相同。
They are only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government, and vesting it with certain specified powers.
它们只是对一个真理的宣告，而这一真理是由组建联邦政府并赋予其某些特定权力的行为所必然和不可避免的含义所产生的。
This is so clear a proposition, that moderation itself can scarcely listen to the railings which have been so copiously vented against this part of the plan, without emotions that disturb its equanimity.
这是一个如此明确的命题，以至于温和派本身几乎无法听到针对计划的这一部分的如此多的批评，而没有情绪扰乱其平静。
What is a power, but the ability or faculty of doing a thing?
权力不就是做某事的能力或才能吗？
What is the ability to do a thing, but the power of employing the MEANS necessary to its execution?
做一件事的能力，不就是运用执行该事情所必需的手段的力量吗？
What is a LEGISLATIVE power, but a power of making LAWS?
立法权不就是制定法律的权力吗？
What are the MEANS to execute a LEGISLATIVE power but LAWS?
除了法律之外，还有哪些手段可以执行立法权？
What is the power of laying and collecting taxes, but a LEGISLATIVE POWER, or a power of MAKING LAWS, to lay and collect taxes?
除了立法权或制定法律的权力之外，征收和征收税款的权力是什么？
What are the proper means of executing such a power, but NECESSARY and PROPER laws?
除了必要且适当的法律之外，执行此类权力的正确方法是什么？
This simple train of inquiry furnishes us at once with a test by which to judge of the true nature of the clause complained of.
这一简单的一系列调查立即为我们提供了一个测试，通过该测试来判断所抱怨条款的真实性质。
It conducts us to this palpable truth, that a power to lay and collect taxes must be a power to pass all laws NECESSARY and PROPER for the execution of that power; and what does the unfortunate and calumniated provision in question do more than declare the same truth, to wit, that the national legislature, to whom the power of laying and collecting taxes had been previously given, might, in the execution of that power, pass all laws NECESSARY and PROPER to carry it into effect?
它引导我们认识到这个明显的事实，即征收和征税的权力必须是通过执行该权力所需和适当的所有法律的权力；所讨论的不幸和诽谤性的规定除了宣告同样的事实之外，还有什么作用呢？也就是说，国家立法机关，之前已被授予征收和征税的权力，可以在执行该权力时，通过所有必要和适当的法律以使其生效？
I have applied these observations thus particularly to the power of taxation, because it is the immediate subject under consideration, and because it is the most important of the authorities proposed to be conferred upon the Union.
因此，我将这些意见特别适用于征税权，因为它是正在考虑的直接主题，并且因为它是提议授予欧盟的最重要的权力。
But the same process will lead to the same result, in relation to all other powers declared in the Constitution.
但对于宪法中宣布的所有其他权力而言，相同的过程将导致相同的结果。
And it is EXPRESSLY to execute these powers that the sweeping clause, as it has been affectedly called, authorizes the national legislature to pass all NECESSARY and PROPER laws.
所谓的全面条款，授权国家立法机关通过所有必要和适当的法律，正是为了明确执行这些权力。
If there is any thing exceptionable, it must be sought for in the specific powers upon which this general declaration is predicated.
如果有任何例外情况，则必须在本一般声明所依据的具体权力中寻求例外。
The declaration itself, though it may be chargeable with tautology or redundancy, is at least perfectly harmless.
该声明本身虽然可能被指责同义反复或冗余，但至少是完全无害的。
But SUSPICION may ask, Why then was it introduced?
但怀疑者可能会问，那为什么要引入它呢？
The answer is, that it could only have been done for greater caution, and to guard against all cavilling refinements in those who might hereafter feel a disposition to curtail and evade the legitimate authorities of the Union.
答案是，这样做只能是为了更加谨慎，并防止那些今后可能想要削弱和逃避联邦合法权威的人的所有挑剔。
The Convention probably foresaw, what it has been a principal aim of these papers to inculcate, that the danger which most threatens our political welfare is that the State governments will finally sap the foundations of the Union; and might therefore think it necessary, in so cardinal a point, to leave nothing to construction.
这些文件的主要目的是，国民公会可能预见到，对我们政治福利最大威胁的危险是州政府最终会削弱联邦的基础；因此，我们可能会认为，在如此重要的一点上，有必要不留任何余地。
Whatever may have been the inducement to it, the wisdom of the precaution is evident from the cry which has been raised against it; as that very cry betrays a disposition to question the great and essential truth which it is manifestly the object of that provision to declare.
无论其动机是什么，从反对它的呼声中可以明显看出这种预防措施的明智性。因为这一呼喊本身就暴露出一种质疑伟大而基本真理的倾向，而这一真理显然是该条款所要宣布的目标。
But it may be again asked, Who is to judge of the NECESSITY and PROPRIETY of the laws to be passed for executing the powers of the Union?
但也许有人会再次问，谁来判断为执行联邦权力而通过的法律的必要性和适当性？
I answer, first, that this question arises as well and as fully upon the simple grant of those powers as upon the declaratory clause; and I answer, in the second place, that the national government, like every other, must judge, in the first instance, of the proper exercise of its powers, and its constituents in the last.
我的回答是，首先，这个问题在简单授予这些权力时和在声明性条款中一样完全出现。其次，我的回答是，国家政府和其他政府一样，首先必须判断其权力是否得到适当行使，最后才是其选民。
If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.
如果联邦政府超越其权力的正当界限，专制地使用其权力，那么作为其创造者的人民就必须诉诸他们制定的标准，并采取紧急措施和审慎合理的措施来纠正对宪法造成的损害。
The propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded.
从宪法角度来看，法律的适当性必须始终由其所依据的权力的性质决定。
Suppose, by some forced constructions of its authority (which, indeed, cannot easily be imagined), the Federal legislature should attempt to vary the law of descent in any State, would it not be evident that, in making such an attempt, it had exceeded its jurisdiction, and infringed upon that of the State?
假设，通过对其权威的某种强制解释（这实际上是不容易想象的），联邦立法机关试图改变任何州的血统法，那么在做出这样的尝试时，它是否已经超出了其管辖范围并侵犯了该州的管辖权，这不是很明显吗？
Suppose, again, that upon the pretense of an interference with its revenues, it should undertake to abrogate a landtax imposed by the authority of a State; would it not be equally evident that this was an invasion of that concurrent jurisdiction in respect to this species of tax, which its Constitution plainly supposes to exist in the State governments?
再次假设，以干涉其收入为借口，它应该承诺废除州当局征收的土地税；难道不是同样明显的是，这是对这种税收的并行管辖权的侵犯，而宪法明确规定州政府存在这种税收？
If there ever should be a doubt on this head, the credit of it will be entirely due to those reasoners who, in the imprudent zeal of their animosity to the plan of the convention, have labored to envelop it in a cloud calculated to obscure the plainest and simplest truths.
如果对这一点有任何疑问，那么其功劳将完全归功于那些推理者，他们出于对大会计划的不谨慎的热情，不遗余力地将其笼罩在乌云中，故意掩盖最简单和最简单的真理。
But it is said that the laws of the Union are to be the SUPREME LAW of the land.
但据说联邦的法律是这片土地的最高法律。
But what inference can be drawn from this, or what would they amount to, if they were not to be supreme?
但从中可以得出什么推论，或者如果它们不是至高无上的，它们又会意味着什么呢？
It is evident they would amount to nothing.
显然，它们毫无意义。
A LAW, by the very meaning of the term, includes supremacy.
法律，就其本身的含义而言，包括至高无上的地位。
It is a rule which those to whom it is prescribed are bound to observe.
这是一条规则，规定的人有义务遵守。
This results from every political association.
这是每个政治协会的结果。
If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct.
如果个人进入某种社会状态，该社会的法律必须是其行为的最高规范。
If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed.
如果一些政治社会加入到一个更大的政治社会中，后者根据其宪法赋予的权力所制定的法律必然高于这些社会以及组成这些社会的个人。
It would otherwise be a mere treaty, dependent on the good faith of the parties, and not a government, which is only another word for POLITICAL POWER AND SUPREMACY.
否则，它只是一个条约，取决于各方的诚意，而不是一个政府，而政府只是政治权力和至高无上的另一个词。
But it will not follow from this doctrine that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land.
但从这一学说来看，大社会的行为如果不符合其宪法权力，而是对小社会剩余权力的侵犯，就不会成为国家的最高法律。
These will be merely acts of usurpation, and will deserve to be treated as such.
这些仅仅是篡夺行为，理应受到这样的对待。
Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government.
因此，我们认为，声明联邦法律至高无上的条款，就像我们之前考虑的那样，只是声明了一个真理，该真理立即且必然地源于联邦政府的机构。
It will not, I presume, have escaped observation, that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed.
我认为，这一点是显而易见的，它明确地将这种至高无上的地位限制在根据宪法制定的法律之上；我提到这一点只是作为公约中的一个警告实例；因为这一限制是可以理解的，尽管它没有被表达出来。
Though a law, therefore, laying a tax for the use of the United States would be supreme in its nature, and could not legally be opposed or controlled, yet a law for abrogating or preventing the collection of a tax laid by the authority of the State, (unless upon imports and exports), would not be the supreme law of the land, but a usurpation of power not granted by the Constitution.
因此，虽然为合众国的使用而征税的法律在本质上是至高无上的，并且在法律上不能反对或控制，但废除或阻止州政府征收税款的法律（除非针对进出口），不会是该国的最高法律，而是对宪法未授予的权力的篡夺。
As far as an improper accumulation of taxes on the same object might tend to render the collection difficult or precarious, this would be a mutual inconvenience, not arising from a superiority or defect of power on either side, but from an injudicious exercise of power by one or the other, in a manner equally disadvantageous to both.
就同一对象的税收不当积累可能会导致征收困难或不稳定而言，这将是一种相互的不便，不是由于任何一方的权力优势或缺陷而引起的，而是由于一方或另一方不明智地行使权力而造成的，这对双方都同样不利。
It is to be hoped and presumed, however, that mutual interest would dictate a concert in this respect which would avoid any material inconvenience.
然而，我们希望并假定，共同利益将决定在这方面进行协调，以避免任何实质性的不便。
The inference from the whole is, that the individual States would, under the proposed Constitution, retain an independent and uncontrollable authority to raise revenue to any extent of which they may stand in need, by every kind of taxation, except duties on imports and exports.
整体的推论是，根据拟议的宪法，各州将保留独立且不受控制的权力，可以通过除进出口税之外的各种税收来增加其可能需要的任何程度的收入。
It will be shown in the next paper that this CONCURRENT JURISDICTION in the article of taxation was the only admissible substitute for an entire subordination, in respect to this branch of power, of the State authority to that of the Union.
下一篇文章将表明，税收条款中的这种并行管辖权是唯一可接受的替代方案，以取代国家权力在这一权力部门中对联邦权力的完全从属地位。
PUBLIUS
普布利乌斯
FEDERALIST No. 34
联邦党人文集第34号
The Same Subject Continued (Concerning the General Power of Taxation)
同一主题继续（关于一般税收权力）
From The Independent Journal.
来自独立杂志。
Saturday, January 5, 1788.
1788 年 1 月 5 日，星期六。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
I FLATTER myself it has been clearly shown in my last number that the particular States, under the proposed Constitution, would have COEQUAL authority with the Union in the article of revenue, except as to duties on imports.
我对自己很满意，我在上一份报告中已经清楚地表明，根据拟议的宪法，除进口关税外，特定州在税收条款上将拥有与联邦同等的权力。
As this leaves open to the States far the greatest part of the resources of the community, there can be no color for the assertion that they would not possess means as abundant as could be desired for the supply of their own wants, independent of all external control.
由于这使得社会的最大部分资源向各州开放，因此断言它们不会拥有足够丰富的手段来满足自己的需求，而不受所有外部控制的影响，这是毫无道理的。
That the field is sufficiently wide will more fully appear when we come to advert to the inconsiderable share of the public expenses for which it will fall to the lot of the State governments to provide.
当我们注意到公共开支中的一小部分将由州政府提供时，这一领域就足够广泛了，这一点就会更充分地显现出来。
To argue upon abstract principles that this co-ordinate authority cannot exist, is to set up supposition and theory against fact and reality.
争论这种协调权威不可能存在的抽象原则，就是针对事实和现实建立假设和理论。
However proper such reasonings might be to show that a thing OUGHT NOT TO EXIST, they are wholly to be rejected when they are made use of to prove that it does not exist contrary to the evidence of the fact itself.
无论这种推理多么恰当地表明某事物不应该存在，当它们被用来证明它不存在时，与事实本身的证据相反，它们就完全被拒绝了。
It is well known that in the Roman republic the legislative authority, in the last resort, resided for ages in two different political bodies not as branches of the same legislature, but as distinct and independent legislatures, in each of which an opposite interest prevailed: in one the patrician; in the other, the plebian.
众所周知，在罗马共和国，立法权长期以来一直存在于两个不同的政治机构中，它们不是同一个立法机构的分支机构，而是不同且独立的立法机构，每个机构中都存在相反的利益：一个是贵族，另一个是贵族。另一个是平民。
Many arguments might have been adduced to prove the unfitness of two such seemingly contradictory authorities, each having power to ANNUL or REPEAL the acts of the other.
可能会提出许多论据来证明两个看似矛盾的当局不合适，每个当局都有权废除或废除对方的行为。
But a man would have been regarded as frantic who should have attempted at Rome to disprove their existence.
但如果一个人试图在罗马证明它们的存在，就会被认为是疯狂的。
It will be readily understood that I allude to the COMITIA CENTURIATA and the COMITIA TRIBUTA.
很容易理解，我提到的是 COMITIA CENTURIATA 和 COMITIA TRIBUTA。
The former, in which the people voted by centuries, was so arranged as to give a superiority to the patrician interest; in the latter, in which numbers prevailed, the plebian interest had an entire predominancy.
前者是人民以几个世纪为单位进行投票，其安排是为了让贵族的利益具有优越性；而后者则以贵族利益为重。在后者中，人数占上风，平民利益占主导地位。
And yet these two legislatures coexisted for ages, and the Roman republic attained to the utmost height of human greatness.
然而，这两个立法机构并存了很长时间，罗马共和国达到了人类伟大的顶峰。
In the case particularly under consideration, there is no such contradiction as appears in the example cited; there is no power on either side to annul the acts of the other.
在特别考虑的情况下，不存在所引用的例子中出现的矛盾；任何一方都没有权力废除另一方的行为。
And in practice there is little reason to apprehend any inconvenience; because, in a short course of time, the wants of the States will naturally reduce themselves within A VERY NARROW COMPASS; and in the interim, the United States will, in all probability, find it convenient to abstain wholly from those objects to which the particular States would be inclined to resort.
实际上，没有理由担心会带来任何不便。因为，在短时间内，各州的需求自然会在一个非常狭窄的范围内减少；在此期间，美国很可能会发现完全放弃那些特定国家倾向于诉诸的目标是很方便的。
To form a more precise judgment of the true merits of this question, it will be well to advert to the proportion between the objects that will require a federal provision in respect to revenue, and those which will require a State provision.
为了更准确地判断这个问题的真正优点，最好注意需要联邦政府提供收入的目标和需要州提供收入的目标之间的比例。
We shall discover that the former are altogether unlimited, and that the latter are circumscribed within very moderate bounds.
我们将会发现，前者是完全不受限制的，而后者则受到非常适度的限制。
In pursuing this inquiry, we must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity.
在进行这一探究时，我们必须牢记，我们不应将视野局限于当前，而应展望遥远的未来。
Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs.
公民政府的宪法不是根据对现有紧急情况的计算而制定的，而是根据人类事务的自然和经过考验的过程，将这些紧急情况与各个时代可能的紧急情况结合起来制定的。
Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities.
因此，没有什么比根据对国家政府当前需要的估计来推断国家政府适当的权力范围更为错误的了。
There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity.
应该有能力应对未来可能发生的突发事件；由于这些容量本质上是无限的，因此不可能安全地限制这种容量。
It is true, perhaps, that a computation might be made with sufficient accuracy to answer the purpose of the quantity of revenue requisite to discharge the subsisting engagements of the Union, and to maintain those establishments which, for some time to come, would suffice in time of peace.
或许，确实可以足够准确地进行计算，以回答履行联邦现有任务所需的收入数量的目的，并维持在和平时期足以在未来一段时间内满足需要的机构。
But would it be wise, or would it not rather be the extreme of folly, to stop at this point, and to leave the government intrusted with the care of the national defense in a state of absolute incapacity to provide for the protection of the community against future invasions of the public peace, by foreign war or domestic convulsions?
但是，就此停止，让负责国防事务的政府处于绝对无能力保护社会免受未来公共和平、外国战争或国内动乱的入侵的状态，这是否明智，或者不是极其愚蠢呢？
If, on the contrary, we ought to exceed this point, where can we stop, short of an indefinite power of providing for emergencies as they may arise?
相反，如果我们应该超越这一点，那么如果没有无限的权力来应对可能出现的紧急情况，我们能在哪里停下来呢？
Though it is easy to assert, in general terms, the possibility of forming a rational judgment of a due provision against probable dangers, yet we may safely challenge those who make the assertion to bring forward their data, and may affirm that they would be found as vague and uncertain as any that could be produced to establish the probable duration of the world.
虽然一般而言，很容易断言对可能的危险采取适当措施形成理性判断的可能性，但我们可以安全地挑战那些提出断言的人，提出他们的数据，并可以肯定他们将被发现与任何可以用来确定世界可能持续时间的数据一样模糊和不确定。
Observations confined to the mere prospects of internal attacks can deserve no weight; though even these will admit of no satisfactory calculation: but if we mean to be a commercial people, it must form a part of our policy to be able one day to defend that commerce.
仅仅局限于内部攻击前景的观察是没有意义的。尽管即使这些计算也无法令人满意：但如果我们想成为一个商业民族，它就必须成为我们政策的一部分，以便有一天能够捍卫商业。
The support of a navy and of naval wars would involve contingencies that must baffle all the efforts of political arithmetic.
海军和海战的支持将涉及必然会阻碍所有政治算术努力的突发事件。
Admitting that we ought to try the novel and absurd experiment in politics of tying up the hands of government from offensive war founded upon reasons of state, yet certainly we ought not to disable it from guarding the community against the ambition or enmity of other nations.
承认我们应该在政治上尝试新颖而荒谬的实验，将政府的手脚束缚在基于国家原因的进攻性战争中，但我们当然不应该阻止它保护社会免受其他国家的野心或敌意的侵害。
A cloud has been for some time hanging over the European world.
一段时间以来，欧洲世界上空一直笼罩着阴云。
If it should break forth into a storm, who can insure us that in its progress a part of its fury would not be spent upon us?
如果它爆发为一场风暴，谁能向我们保证，在它的发展过程中，它的一部分愤怒不会花在我们身上呢？
No reasonable man would hastily pronounce that we are entirely out of its reach.
任何有理智的人都不会仓促地宣称我们完全超出了它的控制范围。
Or if the combustible materials that now seem to be collecting should be dissipated without coming to maturity, or if a flame should be kindled without extending to us, what security can we have that our tranquillity will long remain undisturbed from some other cause or from some other quarter?
或者，如果现在似乎正在聚集的可燃物质在尚未成熟的情况下就消散了，或者如果火焰在没有蔓延到我们的情况下就被点燃了，那么我们能有什么保证我们的宁静将长期保持不受其他原因或其他方面的干扰呢？
Let us recollect that peace or war will not always be left to our option; that however moderate or unambitious we may be, we cannot count upon the moderation, or hope to extinguish the ambition of others.
让我们记住，和平或战争并不总是由我们选择；无论我们多么节制或没有野心，我们都不能指望节制，或希望消除别人的野心。
Who could have imagined at the conclusion of the last war that France and Britain, wearied and exhausted as they both were, would so soon have looked with so hostile an aspect upon each other?
谁能想象到上次战争结束时，法国和英国虽然都疲惫不堪，却很快就以如此敌对的目光看待对方？
To judge from the history of mankind, we shall be compelled to conclude that the fiery and destructive passions of war reign in the human breast with much more powerful sway than the mild and beneficent sentiments of peace; and that to model our political systems upon speculations of lasting tranquillity, is to calculate on the weaker springs of the human character.
从人类的历史来看，我们不得不得出这样的结论：战争的炽热和破坏性的激情在人类胸中的影响力比温和和仁慈的和平情绪要强大得多。将我们的政治制度建立在对持久安宁的思考之上，就是要考虑人性中较弱的根源。
What are the chief sources of expense in every government?
各国政府的主要开支来源是什么？
What has occasioned that enormous accumulation of debts with which several of the European nations are oppressed?
是什么导致了一些欧洲国家所承受的巨额债务积累？
The answers plainly is, wars and rebellions; the support of those institutions which are necessary to guard the body politic against these two most mortal diseases of society.
答案很明显：战争和叛乱；保护国家免受这两种社会最致命疾病侵害所必需的机构的支持。
The expenses arising from those institutions which are relative to the mere domestic police of a state, to the support of its legislative, executive, and judicial departments, with their different appendages, and to the encouragement of agriculture and manufactures (which will comprehend almost all the objects of state expenditure), are insignificant in comparison with those which relate to the national defense.
这些机构所产生的费用，仅涉及一个国家的国内警察，支持其立法、行政和司法部门及其不同的附属机构，以及鼓励农业和制造业（这几乎涵盖了国家支出的所有目的），与国防相关的费用相比，这些费用是微不足道的。
In the kingdom of Great Britain, where all the ostentatious apparatus of monarchy is to be provided for, not above a fifteenth part of the annual income of the nation is appropriated to the class of expenses last mentioned; the other fourteen fifteenths are absorbed in the payment of the interest of debts contracted for carrying on the wars in which that country has been engaged, and in the maintenance of fleets and armies.
在大不列颠王国，所有王室的炫耀机构都必须配备，用于最后提到的开支类别的支出不超过国家年收入的十五分之一；其余十五分之十四用于支付该国参与战争而签订的债务利息以及维持舰队和陆军。
If, on the one hand, it should be observed that the expenses incurred in the prosecution of the ambitious enterprises and vainglorious pursuits of a monarchy are not a proper standard by which to judge of those which might be necessary in a republic, it ought, on the other hand, to be remarked that there should be as great a disproportion between the profusion and extravagance of a wealthy kingdom in its domestic administration, and the frugality and economy which in that particular become the modest simplicity of republican government.
如果说，一方面，我们应该指出，起诉君主政体的雄心勃勃的事业和虚荣的追求所产生的费用，并不是判断共和政体中可能需要的费用的适当标准，那么另一方面，我们也应该指出，一个富裕王国在国内行政方面的丰富和铺张与在这一点上成为共和国政府的节俭和节约之间存在着同样巨大的不相称。
If we balance a proper deduction from one side against that which it is supposed ought to be made from the other, the proportion may still be considered as holding good.
如果我们平衡一方的适当扣除和另一方应该作出的扣除，这个比例仍然可以被认为是有效的。
But let us advert to the large debt which we have ourselves contracted in a single war, and let us only calculate on a common share of the events which disturb the peace of nations, and we shall instantly perceive, without the aid of any elaborate illustration, that there must always be an immense disproportion between the objects of federal and state expenditures.
但是，让我们注意一下我们自己在一场战争中所欠下的巨额债务，只要我们计算一下扰乱国家和平的事件的共同份额，我们就会立即意识到，无需任何详细说明的帮助，联邦和州支出的目的之间必然始终存在巨大的不平衡。
It is true that several of the States, separately, are encumbered with considerable debts, which are an excrescence of the late war.
确实，有几个州各自背负着巨额债务，这是最近战争的累赘。
But this cannot happen again, if the proposed system be adopted; and when these debts are discharged, the only call for revenue of any consequence, which the State governments will continue to experience, will be for the mere support of their respective civil list; to which, if we add all contingencies, the total amount in every State ought to fall considerably short of two hundred thousand pounds.
但如果提议的系统被采用，这种情况就不会再次发生；当这些债务得到清偿后，州政府将继续经历的对任何后果的收入的唯一需求将仅仅是支持其各自的公民名单；如果我们加上所有意外开支，每个州的总金额应该大大低于二十万英镑。
In framing a government for posterity as well as ourselves, we ought, in those provisions which are designed to be permanent, to calculate, not on temporary, but on permanent causes of expense.
在为子孙后代和我们自己构建政府时，我们应该在那些旨在永久的规定中，计算不是暂时的，而是永久的开支原因。
If this principle be a just one our attention would be directed to a provision in favor of the State governments for an annual sum of about two hundred thousand pounds; while the exigencies of the Union could be susceptible of no limits, even in imagination.
如果这一原则是公正的，我们的注意力将转向一项有利于州政府的条款，每年拨款约二十万英镑；而联盟的紧急情况可能是没有限制的，即使是在想象中。
In this view of the subject, by what logic can it be maintained that the local governments ought to command, in perpetuity, an EXCLUSIVE source of revenue for any sum beyond the extent of two hundred thousand pounds?
从这个角度来看，按照什么逻辑可以认为地方政府应该永远拥有超过二十万英镑的独家收入来源？
To extend its power further, in EXCLUSION of the authority of the Union, would be to take the resources of the community out of those hands which stood in need of them for the public welfare, in order to put them into other hands which could have no just or proper occasion for them.
进一步扩大其权力，排除联盟的权威，将把社区的资源从那些为了公共福利而需要这些资源的人手中夺走，以便将它们交给其他没有公正或适当机会的人手中。
Suppose, then, the convention had been inclined to proceed upon the principle of a repartition of the objects of revenue, between the Union and its members, in PROPORTION to their comparative necessities; what particular fund could have been selected for the use of the States, that would not either have been too much or too little too little for their present, too much for their future wants?
那么，假设大会倾向于按照在联盟及其成员之间根据其相对需要进行收入对象重新分配的原则进行；可以选择什么特定的基金供各国使用，既不会太多，也不会太少，对它们目前的需求来说太少，对它们未来的需求来说太多？
As to the line of separation between external and internal taxes, this would leave to the States, at a rough computation, the command of two thirds of the resources of the community to defray from a tenth to a twentieth part of its expenses; and to the Union, one third of the resources of the community, to defray from nine tenths to nineteen twentieths of its expenses.
至于外部税收和内部税收之间的界限，粗略计算，这将让各州掌握社会三分之二的资源来支付其开支的十分之一到二十分之一；并将社区资源的三分之一交给联盟，以支付其费用的十分之九到二十分之十九。
If we desert this boundary and content ourselves with leaving to the States an exclusive power of taxing houses and lands, there would still be a great disproportion between the MEANS and the END; the possession of one third of the resources of the community to supply, at most, one tenth of its wants.
如果我们放弃这条界限，满足于把对房屋和土地征税的专属权力留给各州，那么手段和目的之间仍然会存在巨大的不平衡；拥有社会三分之一的资源来满足至多十分之一的需求。
If any fund could have been selected and appropriated, equal to and not greater than the object, it would have been inadequate to the discharge of the existing debts of the particular States, and would have left them dependent on the Union for a provision for this purpose.
如果可以选择和拨款等于但不大于目标的任何资金，则该资金将不足以清偿特定国家的现有债务，并且将使它们依赖于联盟为此目的提供的资金。
The preceding train of observation will justify the position which has been elsewhere laid down, that "A CONCURRENT JURISDICTION in the article of taxation was the only admissible substitute for an entire subordination, in respect to this branch of power, of State authority to that of the Union." Any separation of the objects of revenue that could have been fallen upon, would have amounted to a sacrifice of the great INTERESTS of the Union to the POWER of the individual States.
前面的一系列观察将证明其他地方提出的立场是正确的，即“税收条款中的并行管辖权是唯一可接受的替代方案，就这一权力部门而言，国家权力完全服从于联邦权力。”任何可能发生的税收对象的分离都将相当于为各州的权力而牺牲联邦的巨大利益。
The convention thought the concurrent jurisdiction preferable to that subordination; and it is evident that it has at least the merit of reconciling an indefinite constitutional power of taxation in the Federal government with an adequate and independent power in the States to provide for their own necessities.
公约认为并行管辖权优于从属管辖权；显然，它至少具有调和联邦政府无限期的宪法征税权与各州充足且独立的权力来满足自己的必需品的优点。
There remain a few other lights, in which this important subject of taxation will claim a further consideration.
还有一些其他的情况需要进一步考虑这一重要的税收主题。
PUBLIUS
普布利乌斯
FEDERALIST No. 35
联邦党人文集 35 号
The Same Subject Continued (Concerning the General Power of Taxation)
同一主题继续（关于一般税收权力）
For the Independent Journal.
对于独立杂志。
Saturday, January 5, 1788
1788 年 1 月 5 日，星期六
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
BEFORE we proceed to examine any other objections to an indefinite power of taxation in the Union, I shall make one general remark; which is, that if the jurisdiction of the national government, in the article of revenue, should be restricted to particular objects, it would naturally occasion an undue proportion of the public burdens to fall upon those objects.
在我们着手审查对欧盟无限期征税权的任何其他反对意见之前，我将发表一项一般性评论；也就是说，如果国家政府在税收方面的管辖权仅限于特定的对象，那么自然会导致过多的公共负担落在这些对象上。
Two evils would spring from this source: the oppression of particular branches of industry; and an unequal distribution of the taxes, as well among the several States as among the citizens of the same State.
这个根源会产生两种罪恶：对特定工业部门的压迫；以及税收分配不均，以及在几个州之间以及同一州的公民之间的分配不均。
Suppose, as has been contended for, the federal power of taxation were to be confined to duties on imports, it is evident that the government, for want of being able to command other resources, would frequently be tempted to extend these duties to an injurious excess.
假设，正如人们所主张的那样，联邦征税权仅限于进口关税，那么很明显，政府由于缺乏掌握其他资源的能力，常常会试图将这些关税扩大到有害的过度程度。
There are persons who imagine that they can never be carried to too great a length; since the higher they are, the more it is alleged they will tend to discourage an extravagant consumption, to produce a favorable balance of trade, and to promote domestic manufactures.
有些人认为他们永远不会被带得太远。因为它们越高，就越有可能抑制奢侈消费、产生有利的贸易平衡并促进国内制造业。
But all extremes are pernicious in various ways.
但所有极端行为都以不同的方式有害。
Exorbitant duties on imported articles would beget a general spirit of smuggling; which is always prejudicial to the fair trader, and eventually to the revenue itself: they tend to render other classes of the community tributary, in an improper degree, to the manufacturing classes, to whom they give a premature monopoly of the markets; they sometimes force industry out of its more natural channels into others in which it flows with less advantage; and in the last place, they oppress the merchant, who is often obliged to pay them himself without any retribution from the consumer.
对进口物品征收过高的关税会滋生普遍的走私精神；这总是对公平交易者不利，并最终对收入本身不利：他们倾向于在不适当的程度上向社会其他阶层提供贡奉，使他们过早地垄断了市场；它们有时会迫使工业离开其更自然的渠道，进入其流动优势较小的其他渠道；最后，它们压迫商人，而商人往往不得不自己支付费用，而消费者却得不到任何报复。
When the demand is equal to the quantity of goods at market, the consumer generally pays the duty; but when the markets happen to be overstocked, a great proportion falls upon the merchant, and sometimes not only exhausts his profits, but breaks in upon his capital.
当需求量等于市场商品数量时，消费者一般要缴纳关税；但是，当市场上的库存过多时，很大一部分就落在了商人身上，有时不仅耗尽了他的利润，而且还侵占了他的资本。
I am apt to think that a division of the duty, between the seller and the buyer, more often happens than is commonly imagined.
我倾向于认为，卖方和买方之间的责任划分比通常想象的更常见。
It is not always possible to raise the price of a commodity in exact proportion to every additional imposition laid upon it.
商品价格的上涨并不总是能够与每增加一次的征收额成正比。
The merchant, especially in a country of small commercial capital, is often under a necessity of keeping prices down in order to a more expeditious sale.
商人，特别是在商业资本较小的国家，常常需要压低价格以便更迅速地销售。
The maxim that the consumer is the payer, is so much oftener true than the reverse of the proposition, that it is far more equitable that the duties on imports should go into a common stock, than that they should redound to the exclusive benefit of the importing States.
消费者即付款人这一格言比相反的命题更为正确，即进口关税应归入普通股比其应归于进口国的专有利益更为公平。
But it is not so generally true as to render it equitable, that those duties should form the only national fund.
但如果认为这些关税应该构成唯一的国家基金，那么这种说法并不普遍正确，以至于使其公平。
When they are paid by the merchant they operate as an additional tax upon the importing State, whose citizens pay their proportion of them in the character of consumers.
当它们由商人支付时，它们作为进口国的附加税，进口国的公民以消费者的身份支付其比例。
In this view they are productive of inequality among the States; which inequality would be increased with the increased extent of the duties.
从这个角度来看，它们造成了各国之间的不平等；随着义务范围的增加，不平等将会加剧。
The confinement of the national revenues to this species of imposts would be attended with inequality, from a different cause, between the manufacturing and the non-manufacturing States.
由于不同的原因，将国家收入限制在这种进口中将会导致制造国和非制造国之间的不平等。
The States which can go farthest towards the supply of their own wants, by their own manufactures, will not, according to their numbers or wealth, consume so great a proportion of imported articles as those States which are not in the same favorable situation.
那些能够最大程度地通过本国制造品来满足本国需求的国家，根据其数量或财富，不会像那些处境不那么有利的国家那样消费如此大比例的进口物品。
They would not, therefore, in this mode alone contribute to the public treasury in a ratio to their abilities.
因此，仅在这种模式下，他们不会按照其能力的比例向公共财政做出贡献。
To make them do this it is necessary that recourse be had to excises, the proper objects of which are particular kinds of manufactures.
为了让他们做到这一点，有必要诉诸消费税，其适当的对象是特定种类的制成品。
New York is more deeply interested in these considerations than such of her citizens as contend for limiting the power of the Union to external taxation may be aware of.
纽约对这些考虑因素的兴趣比那些主张限制联邦对外征税权力的公民可能意识到的要深。
New York is an importing State, and is not likely speedily to be, to any great extent, a manufacturing State.
纽约是一个进口州，在很大程度上不太可能很快成为一个制造业州。
She would, of course, suffer in a double light from restraining the jurisdiction of the Union to commercial imposts.
当然，她将因限制联邦对商业进口的管辖权而遭受双重打击。
So far as these observations tend to inculcate a danger of the import duties being extended to an injurious extreme it may be observed, conformably to a remark made in another part of these papers, that the interest of the revenue itself would be a sufficient guard against such an extreme.
就这些观察结果而言，进口关税有可能扩大到有害的极端，可以观察到，与这些文件的另一部分中的评论一致，税收本身的利益将足以防范这种极端情况。
I readily admit that this would be the case, as long as other resources were open; but if the avenues to them were closed, HOPE, stimulated by necessity, would beget experiments, fortified by rigorous precautions and additional penalties, which, for a time, would have the intended effect, till there had been leisure to contrive expedients to elude these new precautions.
我欣然承认，只要其他资源开放，情况就会如此。但如果通向这些途径的途径被关闭，希望在必要性的刺激下就会产生实验，并通过严格的预防措施和额外的惩罚来加强，这些实验在一段时间内会产生预期的效果，直到有闲暇想出权宜之计来逃避这些新的预防措施。
The first success would be apt to inspire false opinions, which it might require a long course of subsequent experience to correct.
第一次的成功很容易引发错误的观点，这可能需要长期的后续经验来纠正。
Necessity, especially in politics, often occasions false hopes, false reasonings, and a system of measures correspondingly erroneous.
必然性，尤其是在政治中，常常会带来错误的希望、错误的推理以及相应错误的措施体系。
But even if this supposed excess should not be a consequence of the limitation of the federal power of taxation, the inequalities spoken of would still ensue, though not in the same degree, from the other causes that have been noticed.
但是，即使这种所谓的过剩不应是联邦征税权受到限制的结果，所提到的不平等仍然会因已注意到的其他原因而产生，尽管程度不同。
Let us now return to the examination of objections.
现在让我们回到对反对意见的审查。
One which, if we may judge from the frequency of its repetition, seems most to be relied on, is, that the House of Representatives is not sufficiently numerous for the reception of all the different classes of citizens, in order to combine the interests and feelings of every part of the community, and to produce a due sympathy between the representative body and its constituents.
如果我们从其重复的频率来看，似乎最值得信赖的一点是，众议院的人数不足以容纳所有不同阶层的公民，无法将社会各部分的利益和感情结合起来，并在代表机构与其选民之间产生应有的同情。
This argument presents itself under a very specious and seducing form; and is well calculated to lay hold of the prejudices of those to whom it is addressed.
这个论点以一种非常似是而非且诱人的形式呈现出来。并精心策划，以抓住其对象的偏见。
But when we come to dissect it with attention, it will appear to be made up of nothing but fair-sounding words.
但当我们仔细剖析它时，就会发现它只不过是一些听起来很漂亮的词句。
The object it seems to aim at is, in the first place, impracticable, and in the sense in which it is contended for, is unnecessary.
首先，它所追求的目标似乎是不切实际的，而且从它所争取的意义上来说，也是不必要的。
I reserve for another place the discussion of the question which relates to the sufficiency of the representative body in respect to numbers, and shall content myself with examining here the particular use which has been made of a contrary supposition, in reference to the immediate subject of our inquiries.
我将在另一个地方讨论与代表机构在人数方面的充足性有关的问题，并且我将满足于在这里审查针对我们询问的直接主题所使用的相反假设的特殊用途。
The idea of an actual representation of all classes of the people, by persons of each class, is altogether visionary.
由每个阶级的人实际代表所有阶级人民的想法完全是有远见的。
Unless it were expressly provided in the Constitution, that each different occupation should send one or more members, the thing would never take place in practice.
除非宪法明确规定，每种职业都应派出一名或多名成员，否则这种事情在实践中是不可能发生的。
Mechanics and manufacturers will always be inclined, with few exceptions, to give their votes to merchants, in preference to persons of their own professions or trades.
除了极少数例外，机械师和制造商总是倾向于把选票投给商人，而不是他们自己专业或行业的人。
Those discerning citizens are well aware that the mechanic and manufacturing arts furnish the materials of mercantile enterprise and industry.
那些眼光敏锐的公民很清楚，机械和制造艺术为商业企业和工业提供了材料。
Many of them, indeed, are immediately connected with the operations of commerce.
事实上，其中许多与商业运作直接相关。
They know that the merchant is their natural patron and friend; and they are aware, that however great the confidence they may justly feel in their own good sense, their interests can be more effectually promoted by the merchant than by themselves.
他们知道商人是他们天然的赞助人和朋友；他们意识到，无论他们对自己的判断有多大的信心，商人比他们自己更能有效地促进他们的利益。
They are sensible that their habits in life have not been such as to give them those acquired endowments, without which, in a deliberative assembly, the greatest natural abilities are for the most part useless; and that the influence and weight, and superior acquirements of the merchants render them more equal to a contest with any spirit which might happen to infuse itself into the public councils, unfriendly to the manufacturing and trading interests.
他们清楚地意识到，他们的生活习惯并没有赋予他们后天的天赋，如果没有这些天赋，在深思熟虑的会议上，最伟大的天赋在很大程度上是无用的。商人的影响力和影响力以及卓越的学识使他们更容易与任何可能碰巧渗透到公共委员会中的对制造业和贸易利益不友好的精神进行竞争。
These considerations, and many others that might be mentioned prove, and experience confirms it, that artisans and manufacturers will commonly be disposed to bestow their votes upon merchants and those whom they recommend.
这些考虑因素以及可能提到的许多其他因素证明，经验也证实了这一点：工匠和制造商通常倾向于将他们的选票投给商人和他们推荐的人。
We must therefore consider merchants as the natural representatives of all these classes of the community.
因此，我们必须将商人视为社会所有这些阶层的自然代表。
With regard to the learned professions, little need be observed; they truly form no distinct interest in society, and according to their situation and talents, will be indiscriminately the objects of the confidence and choice of each other, and of other parts of the community.
对于有学问的职业，几乎不需要观察；他们确实对社会没有形成明显的兴趣，并且根据他们的情况和才能，将不加区别地成为彼此以及社会其他部分信任和选择的对象。
Nothing remains but the landed interest; and this, in a political view, and particularly in relation to taxes, I take to be perfectly united, from the wealthiest landlord down to the poorest tenant.
除了土地利息之外，什么也没有剩下；从政治角度来看，尤其是在税收方面，我认为从最富有的地主到最贫穷的佃户，这是完全统一的。
No tax can be laid on land which will not affect the proprietor of millions of acres as well as the proprietor of a single acre.
如果土地不影响数百万英亩的所有者和一英亩的所有者，则不得对土地征税。
Every landholder will therefore have a common interest to keep the taxes on land as low as possible; and common interest may always be reckoned upon as the surest bond of sympathy.
因此，每个土地所有者都有共同利益，即尽可能降低土地税；共同利益永远被视为最可靠的同情纽带。
But if we even could suppose a distinction of interest between the opulent landholder and the middling farmer, what reason is there to conclude, that the first would stand a better chance of being deputed to the national legislature than the last?
但是，如果我们甚至可以假设富裕土地所有者和中等农民之间的利益存在区别，那么有什么理由得出这样的结论：前者比后者更有可能被代表进入国家立法机构？
If we take fact as our guide, and look into our own senate and assembly, we shall find that moderate proprietors of land prevail in both; nor is this less the case in the senate, which consists of a smaller number, than in the assembly, which is composed of a greater number.
如果我们以事实为指导，审视一下我们自己的参议院和议会，我们就会发现，温和的土地所有者在这两个地方都占了上风。参议院的情况也同样如此，参议院的人数较少，而议会的人数较多。
Where the qualifications of the electors are the same, whether they have to choose a small or a large number, their votes will fall upon those in whom they have most confidence; whether these happen to be men of large fortunes, or of moderate property, or of no property at all.
在选举人资格相同的情况下，无论是选少还是选多，他们的选票都会投给他们最信任的人；无论这些人碰巧是拥有大量财富的人，还是拥有中等财产的人，还是根本没有财产的人。
It is said to be necessary, that all classes of citizens should have some of their own number in the representative body, in order that their feelings and interests may be the better understood and attended to.
据说，所有阶层的公民都必须在代表机构中拥有一些自己的成员，以便他们的感受和利益能够得到更好的理解和照顾。
But we have seen that this will never happen under any arrangement that leaves the votes of the people free.
但我们已经看到，在任何让人民自由投票的安排下，这种情况永远不会发生。
Where this is the case, the representative body, with too few exceptions to have any influence on the spirit of the government, will be composed of landholders, merchants, and men of the learned professions.
在这种情况下，代表机构将由地主、商人和有学问的专业人士组成，极少数例外，无法对政府的精神产生任何影响。
But where is the danger that the interests and feelings of the different classes of citizens will not be understood or attended to by these three descriptions of men?
但是，这三种对人的描述不能理解或关注不同阶层公民的利益和感情，危险在哪里呢？
Will not the landholder know and feel whatever will promote or insure the interest of landed property?
难道土地所有者不会知道并感受到任何能够促进或保证土地财产利益的事情吗？
And will he not, from his own interest in that species of property, be sufficiently prone to resist every attempt to prejudice or encumber it?
难道他不会出于自己对这种财产的兴趣而抵制一切损害或阻碍这种财产的企图吗？
Will not the merchant understand and be disposed to cultivate, as far as may be proper, the interests of the mechanic and manufacturing arts, to which his commerce is so nearly allied?
难道商人不会理解并愿意在适当的情况下培养对机械和制造艺术的兴趣，而他的商业与这些艺术几乎是相关的吗？
Will not the man of the learned profession, who will feel a neutrality to the rivalships between the different branches of industry, be likely to prove an impartial arbiter between them, ready to promote either, so far as it shall appear to him conducive to the general interests of the society?
那些对不同行业之间的竞争感到中立的有学问的人，难道不会成为这些行业之间公正的仲裁者，准备好促进其中任何一个，只要他认为这有利于社会的整体利益吗？
If we take into the account the momentary humors or dispositions which may happen to prevail in particular parts of the society, and to which a wise administration will never be inattentive, is the man whose situation leads to extensive inquiry and information less likely to be a competent judge of their nature, extent, and foundation than one whose observation does not travel beyond the circle of his neighbors and acquaintances?
如果我们考虑到社会特定部分可能盛行的一时的情绪或性格，而明智的政府永远不会忽视这些情绪或性格，那么，与那些观察不超出邻居和熟人圈子的人相比，那些情况导致广泛调查和信息的人不太可能成为其性质、范围和基础的合格判断者吗？
Is it not natural that a man who is a candidate for the favor of the people, and who is dependent on the suffrages of his fellow-citizens for the continuance of his public honors, should take care to inform himself of their dispositions and inclinations, and should be willing to allow them their proper degree of influence upon his conduct?
一个受到人民青睐的候选人，并依靠同胞的选举权来维持其公共荣誉的人，应该注意了解他们的性情和倾向，并愿意让他们对他的行为产生适当程度的影响，这不是很自然的吗？
This dependence, and the necessity of being bound himself, and his posterity, by the laws to which he gives his assent, are the true, and they are the strong chords of sympathy between the representative and the constituent.
这种依赖性，以及他本人和他的后代受到他所同意的法律的约束的必要性，是真实的，它们是代表和选民之间强烈的同情心。
There is no part of the administration of government that requires extensive information and a thorough knowledge of the principles of political economy, so much as the business of taxation.
政府管理中没有哪个部门比税收业务更需要广泛的信息和对政治经济学原理的透彻了解。
The man who understands those principles best will be least likely to resort to oppressive expedients, or sacrifice any particular class of citizens to the procurement of revenue.
最了解这些原则的人最不可能采取压迫性的权宜之计，或者为了获取收入而牺牲任何特定公民阶层。
It might be demonstrated that the most productive system of finance will always be the least burdensome.
也许可以证明，最具生产力的金融体系总是负担最轻的。
There can be no doubt that in order to a judicious exercise of the power of taxation, it is necessary that the person in whose hands it should be acquainted with the general genius, habits, and modes of thinking of the people at large, and with the resources of the country.
毫无疑问，为了明智地行使征税权，征税权的掌管者必须熟悉广大人民的一般智慧、习惯和思维方式，以及国家的资源。
And this is all that can be reasonably meant by a knowledge of the interests and feelings of the people.
这就是了解人民的利益和感受所能合理理解的全部内容。
In any other sense the proposition has either no meaning, or an absurd one.
在任何其他意义上，这个命题要么没有意义，要么就是荒谬的。
And in that sense let every considerate citizen judge for himself where the requisite qualification is most likely to be found.
从这个意义上说，让每个有思想的公民自己判断最有可能找到所需的资格。
PUBLIUS
普布利乌斯
FEDERALIST No. 36
联邦党人文集第36号
The Same Subject Continued (Concerning the General Power of Taxation)
同一主题继续（关于一般税收权力）
From the New York Packet.
来自纽约邮包。
Tuesday, January 8, 1788.
1788 年 1 月 8 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
WE HAVE seen that the result of the observations, to which the foregoing number has been principally devoted, is, that from the natural operation of the different interests and views of the various classes of the community, whether the representation of the people be more or less numerous, it will consist almost entirely of proprietors of land, of merchants, and of members of the learned professions, who will truly represent all those different interests and views.
我们已经看到，上述数字主要致力于观察的结果是，从社会各阶层的不同利益和观点的自然运作来看，无论人民的代表人数是多还是少，它将几乎完全由地主、商人和有学问的职业成员组成，他们将真正代表所有这些不同的利益和观点。
If it should be objected that we have seen other descriptions of men in the local legislatures, I answer that it is admitted there are exceptions to the rule, but not in sufficient number to influence the general complexion or character of the government.
如果有人反对我们在地方立法机构中看到过对人的其他描述，我的回答是，承认该规则有例外，但数量不足以影响政府的总体面貌或特征。
There are strong minds in every walk of life that will rise superior to the disadvantages of situation, and will command the tribute due to their merit, not only from the classes to which they particularly belong, but from the society in general.
各行各业都有坚强的人，他们会克服不利的处境，并会因其功绩而受到赞扬，不仅来自他们所属的阶级，而且来自整个社会。
The door ought to be equally open to all; and I trust, for the credit of human nature, that we shall see examples of such vigorous plants flourishing in the soil of federal as well as of State legislation; but occasional instances of this sort will not render the reasoning founded upon the general course of things, less conclusive.
大门应该对所有人平等开放；我相信，出于人性的考虑，我们将看到这种生机勃勃的植物在联邦和州立法的土壤中蓬勃发展的例子；但偶尔出现这样的事例，并不会使基于事物一般进程的推理变得不那么结论性。
The subject might be placed in several other lights that would all lead to the same result; and in particular it might be asked, What greater affinity or relation of interest can be conceived between the carpenter and blacksmith, and the linen manufacturer or stocking weaver, than between the merchant and either of them?
拍摄对象可能会被置于其他几种光线下，这些光线都会产生相同的结果；特别是，人们可能会问，木匠和铁匠与亚麻制造商或袜子编织工之间，比商人和他们中的任何一个之间，还能想象出什么更大的亲和力或利益关系呢？
It is notorious that there are often as great rivalships between different branches of the mechanic or manufacturing arts as there are between any of the departments of labor and industry; so that, unless the representative body were to be far more numerous than would be consistent with any idea of regularity or wisdom in its deliberations, it is impossible that what seems to be the spirit of the objection we have been considering should ever be realized in practice.
众所周知，机械或制造艺术的不同分支之间经常存在着与劳工和工业部门之间的激烈竞争一样的竞争。因此，除非代表机构的人数远多于其审议中符合任何规律性或智慧的想法，否则我们一直在考虑的反对意见的精神似乎不可能在实践中得到实现。
But I forbear to dwell any longer on a matter which has hitherto worn too loose a garb to admit even of an accurate inspection of its real shape or tendency.
但我不敢再详细讨论这个问题，因为迄今为止，它的外衣太过宽松，以至于无法对其真实形状或趋势进行准确的检查。
There is another objection of a somewhat more precise nature that claims our attention.
还有另一种性质更为精确的反对意见引起了我们的注意。
It has been asserted that a power of internal taxation in the national legislature could never be exercised with advantage, as well from the want of a sufficient knowledge of local circumstances, as from an interference between the revenue laws of the Union and of the particular States.
有人断言，国家立法机关行使内部税收权力永远不可能有利，因为缺乏对当地情况的充分了解，以及联邦和特定州税收法之间的干扰。
The supposition of a want of proper knowledge seems to be entirely destitute of foundation.
缺乏正确知识的假设似乎完全没有根据。
If any question is depending in a State legislature respecting one of the counties, which demands a knowledge of local details, how is it acquired?
如果有任何问题取决于涉及某个县的州立法机构，需要了解当地的详细信息，那么如何获取该问题？
No doubt from the information of the members of the county.
从县里成员的信息来看，毫无疑问。
Cannot the like knowledge be obtained in the national legislature from the representatives of each State?
难道不能在国家立法机构中从每个国家的代表那里获得类似的知识吗？
And is it not to be presumed that the men who will generally be sent there will be possessed of the necessary degree of intelligence to be able to communicate that information?
难道不应该假设，通常被派往那里的人将拥有能够传达该信息的必要程度的情报吗？
Is the knowledge of local circumstances, as applied to taxation, a minute topographical acquaintance with all the mountains, rivers, streams, highways, and bypaths in each State; or is it a general acquaintance with its situation and resources, with the state of its agriculture, commerce, manufactures, with the nature of its products and consumptions, with the different degrees and kinds of its wealth, property, and industry?
对当地情况的了解（应用于税收）是否对每个州所有的山脉、河流、溪流、高速公路和小路有详细的地形了解？还是对其状况和资源、其农业、商业、制造业的状况、其产品和消费的性质、其财富、财产和工业的不同程度和种类有普遍的了解？
Nations in general, even under governments of the more popular kind, usually commit the administration of their finances to single men or to boards composed of a few individuals, who digest and prepare, in the first instance, the plans of taxation, which are afterwards passed into laws by the authority of the sovereign or legislature.
一般来说，即使是在比较受欢迎的政府统治下，国家通常将其财政管理权委托给单身人士或由少数人组成的委员会，他们首先消化并准备税收计划，然后由主权者或立法机关的权威将其通过为法律。
Inquisitive and enlightened statesmen are deemed everywhere best qualified to make a judicious selection of the objects proper for revenue; which is a clear indication, as far as the sense of mankind can have weight in the question, of the species of knowledge of local circumstances requisite to the purposes of taxation.
好奇心强、开明的政治家在任何地方都被认为最有资格明智地选择适合收入的对象。就人类意识在这个问题上的分量而言，这清楚地表明了税收目的所必需的对当地情况的了解。
The taxes intended to be comprised under the general denomination of internal taxes may be subdivided into those of the DIRECT and those of the INDIRECT kind.
旨在包含在国内税总名称下的税种可以细分为直接税种和间接税种。
Though the objection be made to both, yet the reasoning upon it seems to be confined to the former branch.
尽管对两者都提出了反对意见，但其推理似乎仅限于前一个分支。
And indeed, as to the latter, by which must be understood duties and excises on articles of consumption, one is at a loss to conceive what can be the nature of the difficulties apprehended.
事实上，对于后者，必须将其理解为消费品的关税和消费税，人们无法想象所面临的困难的本质是什么。
The knowledge relating to them must evidently be of a kind that will either be suggested by the nature of the article itself, or can easily be procured from any well-informed man, especially of the mercantile class.
与它们相关的知识显然必须是由文章本身的性质所暗示的知识，或者可以很容易地从任何消息灵通的人，特别是商业阶级那里获得的知识。
The circumstances that may distinguish its situation in one State from its situation in another must be few, simple, and easy to be comprehended.
能够区分一个国家的情况与另一国家的情况的情况必须很少、简单且易于理解。
The principal thing to be attended to, would be to avoid those articles which had been previously appropriated to the use of a particular State; and there could be no difficulty in ascertaining the revenue system of each.
需要注意的主要事项是避免使用那些以前专门供特定国家使用的条款；确定每个国家的收入制度并不困难。
This could always be known from the respective codes of laws, as well as from the information of the members from the several States.
这始终可以从各自的法律法规以及来自几个国家的成员的信息中得知。
The objection, when applied to real property or to houses and lands, appears to have, at first sight, more foundation, but even in this view it will not bear a close examination.
当这种反对意见应用于不动产或房屋和土地时，乍一看似乎更有根据，但即使从这个角度来看，它也经不起仔细审查。
Land taxes are commonly laid in one of two modes, either by ACTUAL valuations, permanent or periodical, or by OCCASIONAL assessments, at the discretion, or according to the best judgment, of certain officers whose duty it is to make them.
土地税通常以两种方式之一征收，要么通过实际估价（永久或定期），要么通过偶尔评估，由负责征收土地税的某些官员酌情或根据最佳判断进行。
In either case, the EXECUTION of the business, which alone requires the knowledge of local details, must be devolved upon discreet persons in the character of commissioners or assessors, elected by the people or appointed by the government for the purpose.
无论哪种情况，业务的执行都需要了解当地的细节，必须将其委托给由人民选举或政府任命的专员或评估员等谨慎人士。
All that the law can do must be to name the persons or to prescribe the manner of their election or appointment, to fix their numbers and qualifications and to draw the general outlines of their powers and duties.
法律所能做的就是确定这些人的名字，或者规定他们的选举或任命方式，确定他们的人数和资格，并勾勒出他们权力和职责的总体轮廓。
And what is there in all this that cannot as well be performed by the national legislature as by a State legislature?
这一切中有什么是国家立法机关不能像州立法机关那样执行的呢？
The attention of either can only reach to general principles; local details, as already observed, must be referred to those who are to execute the plan.
两者的注意力都只能达到一般原则；正如已经观察到的，当地的细节必须提交给计划执行者。
But there is a simple point of view in which this matter may be placed that must be altogether satisfactory.
但有一个简单的观点可以解决这个问题，并且必须完全令人满意。
The national legislature can make use of the SYSTEM OF EACH STATE WITHIN THAT STATE.
国家立法机关可以利用该州内各州的制度。
The method of laying and collecting this species of taxes in each State can, in all its parts, be adopted and employed by the federal government.
每个州征收和征收此类税收的方法的所有部分都可以由联邦政府采用和使用。
Let it be recollected that the proportion of these taxes is not to be left to the discretion of the national legislature, but is to be determined by the numbers of each State, as described in the second section of the first article.
请记住，这些税收的比例不应由国家立法机关自行决定，而是由每个州的人数决定，如第一条第二节所述。
An actual census or enumeration of the people must furnish the rule, a circumstance which effectually shuts the door to partiality or oppression.
必须对人民进行实际的人口普查或清点，以有效地关闭偏袒或压迫之门。
The abuse of this power of taxation seems to have been provided against with guarded circumspection.
滥用这种征税权的行为似乎受到了谨慎的防范。
In addition to the precaution just mentioned, there is a provision that "all duties, imposts, and excises shall be UNIFORM throughout the United States."
除了刚才提到的预防措施外，还有一项规定“所有关税、进口税和消费税应在全美国统一”。
It has been very properly observed by different speakers and writers on the side of the Constitution, that if the exercise of the power of internal taxation by the Union should be discovered on experiment to be really inconvenient, the federal government may then forbear the use of it, and have recourse to requisitions in its stead.
宪法方面的不同发言者和作家都非常正确地指出，如果在试验中发现联邦行使内部征税权确实不方便，那么联邦政府可以放弃使用它，而可以诉诸征用。
By way of answer to this, it has been triumphantly asked, Why not in the first instance omit that ambiguous power, and rely upon the latter resource?
为了回答这个问题，有人得意地问：为什么不首先忽略这种模糊的权力，而依赖后者的资源呢？
Two solid answers may be given.
可以给出两个可靠的答案。
The first is, that the exercise of that power, if convenient, will be preferable, because it will be more effectual; and it is impossible to prove in theory, or otherwise than by the experiment, that it cannot be advantageously exercised.
第一，如果方便的话，行使这种权力会更好，因为它会更有效；并且除了通过实验之外，不可能从理论上或其他方式证明它不能被有利地运用。
The contrary, indeed, appears most probable.
事实上，最有可能出现相反的情况。
The second answer is, that the existence of such a power in the Constitution will have a strong influence in giving efficacy to requisitions.
第二个答案是，宪法中这一权力的存在将对请愿书的效力产生重大影响。
When the States know that the Union can apply itself without their agency, it will be a powerful motive for exertion on their part.
当各国知道欧盟可以在没有它们的代理的情况下自行实施时，这将成为它们努力的强大动力。
As to the interference of the revenue laws of the Union, and of its members, we have already seen that there can be no clashing or repugnancy of authority.
至于欧盟及其成员税收法的干预，我们已经看到，权力之间不存在冲突或抵触。
The laws cannot, therefore, in a legal sense, interfere with each other; and it is far from impossible to avoid an interference even in the policy of their different systems.
因此，从法律意义上讲，法律不能相互干扰；即使是不同体制的政策，也很难避免干涉。
An effectual expedient for this purpose will be, mutually, to abstain from those objects which either side may have first had recourse to.
为此目的，一个有效的权宜之计是相互放弃那些任何一方可能首先求助于的目标。
As neither can CONTROL the other, each will have an obvious and sensible interest in this reciprocal forbearance.
由于双方都无法控制对方，因此双方都会对这种相互的宽容产生明显而合理的兴趣。
And where there is an IMMEDIATE common interest, we may safely count upon its operation.
只要有直接的共同利益，我们就可以放心地依靠它的运作。
When the particular debts of the States are done away, and their expenses come to be limited within their natural compass, the possibility almost of interference will vanish.
当国家的特定债务被免除，并且它们的开支被限制在其自然范围内时，干涉的可能性几乎就会消失。
A small land tax will answer the purpose of the States, and will be their most simple and most fit resource.
小额土地税将满足各州的目的，并将成为它们最简单、最合适的资源。
Many spectres have been raised out of this power of internal taxation, to excite the apprehensions of the people: double sets of revenue officers, a duplication of their burdens by double taxations, and the frightful forms of odious and oppressive poll-taxes, have been played off with all the ingenious dexterity of political legerdemain.
这种内部征税的权力引起了许多恐惧，激起了人民的忧虑：双重税务官员、双重征税造成的重复负担，以及令人厌恶和压迫性的人头税的可怕形式，都被巧妙的政治伎俩所玩弄。
As to the first point, there are two cases in which there can be no room for double sets of officers: one, where the right of imposing the tax is exclusively vested in the Union, which applies to the duties on imports; the other, where the object has not fallen under any State regulation or provision, which may be applicable to a variety of objects.
关于第一点，有两种情况不能设置双组官员：一是征税权完全属于欧盟，适用于进口关税；二是征税权完全属于欧盟，适用于进口关税；另一种是，该物体不属于任何国家法规或规定的范围，这可能适用于各种物体。
In other cases, the probability is that the United States will either wholly abstain from the objects preoccupied for local purposes, or will make use of the State officers and State regulations for collecting the additional imposition.
在其他情况下，美国可能会完全放弃用于本地目的的项目，或者利用州官员和州法规来征收额外的税款。
This will best answer the views of revenue, because it will save expense in the collection, and will best avoid any occasion of disgust to the State governments and to the people.
这将最好地回应税收部门的意见，因为这将节省征收费用，并且将最好地避免引起州政府和人民的厌恶。
At all events, here is a practicable expedient for avoiding such an inconvenience; and nothing more can be required than to show that evils predicted to not necessarily result from the plan.
无论如何，这里有一个可行的权宜之计，可以避免这种不便；没有什么比证明所预测的邪恶不一定是该计划造成的结果更重要的了。
As to any argument derived from a supposed system of influence, it is a sufficient answer to say that it ought not to be presumed; but the supposition is susceptible of a more precise answer.
对于源自假定的影响系统的任何论证，说它不应该被假定就足够了。但这个假设可以得到更精确的答案。
If such a spirit should infest the councils of the Union, the most certain road to the accomplishment of its aim would be to employ the State officers as much as possible, and to attach them to the Union by an accumulation of their emoluments.
如果这种精神弥漫在联邦委员会中，那么实现其目标的最可靠途径就是尽可能多地雇用国家官员，并通过积累他们的薪酬来让他们加入联邦。
This would serve to turn the tide of State influence into the channels of the national government, instead of making federal influence flow in an opposite and adverse current.
这将有助于将州的影响力转变为国家政府的渠道，而不是使联邦的影响力逆流而行。
But all suppositions of this kind are invidious, and ought to be banished from the consideration of the great question before the people.
但所有此类假设都是令人反感的，在考虑摆在人民面前的重大问题时应该予以排除。
They can answer no other end than to cast a mist over the truth.
除了给真相蒙上一层迷雾之外，他们别无选择。
As to the suggestion of double taxation, the answer is plain.
至于双重征税的建议，答案很简单。
The wants of the Union are to be supplied in one way or another; if to be done by the authority of the federal government, it will not be to be done by that of the State government.
联盟的需要可以通过这样或那样的方式来满足；如果由联邦政府的权力来完成，则不会由州政府的权力来完成。
The quantity of taxes to be paid by the community must be the same in either case; with this advantage, if the provision is to be made by the Union that the capital resource of commercial imposts, which is the most convenient branch of revenue, can be prudently improved to a much greater extent under federal than under State regulation, and of course will render it less necessary to recur to more inconvenient methods; and with this further advantage, that as far as there may be any real difficulty in the exercise of the power of internal taxation, it will impose a disposition to greater care in the choice and arrangement of the means; and must naturally tend to make it a fixed point of policy in the national administration to go as far as may be practicable in making the luxury of the rich tributary to the public treasury, in order to diminish the necessity of those impositions which might create dissatisfaction in the poorer and most numerous classes of the society.
在这两种情况下，社区缴纳的税款数量必须相同；有了这一优势，如果联盟做出规定，商业进口的资本资源（这是最方便的收入部门）可以在联邦监管下比在州监管下得到更大程度的审慎改善，当然也将减少再采用更不方便的方法的必要性；有了这个进一步的优势，只要在行使国内税收权力时可能存在任何实际困难，它将迫使人们在选择和安排手段时更加谨慎；自然而然地，国家行政部门必须将其作为一项固定的政策要点，即尽可能将富人的奢侈品纳入公共财政，以减少那些可能引起社会最贫穷和大多数阶级不满的强制措施的必要性。
Happy it is when the interest which the government has in the preservation of its own power, coincides with a proper distribution of the public burdens, and tends to guard the least wealthy part of the community from oppression!
当政府在维护自身权力方面的利益与公共负担的适当分配相一致，并倾向于保护社会中最不富裕的部分免受压迫时，这是令人高兴的！
As to poll taxes, I, without scruple, confess my disapprobation of them; and though they have prevailed from an early period in those States(1) which have uniformly been the most tenacious of their rights, I should lament to see them introduced into practice under the national government.
至于人头税，我毫无顾忌地承认我不赞成。尽管它们从早期就在那些一直是其权利最顽强的州（1）中盛行，但看到它们在国家政府的领导下付诸实践，我还是感到遗憾。
But does it follow because there is a power to lay them that they will actually be laid?
但这是否就因为有一种力量可以安放它们，所以它们实际上就会被安放呢？
Every State in the Union has power to impose taxes of this kind; and yet in several of them they are unknown in practice.
联盟中的每个州都有权征收此类税；然而，其中一些在实践中却无人知晓。
Are the State governments to be stigmatized as tyrannies, because they possess this power?
州政府是否会因为拥有这种权力而被污蔑为暴政？
If they are not, with what propriety can the like power justify such a charge against the national government, or even be urged as an obstacle to its adoption?
如果不是，那么同样的权力有什么正当理由对国家政府提出这样的指控，甚至被敦促作为其通过的障碍？
As little friendly as I am to the species of imposition, I still feel a thorough conviction that the power of having recourse to it ought to exist in the federal government.
尽管我对强制措施不太友好，但我仍然坚信联邦政府应该拥有诉诸强制措施的权力。
There are certain emergencies of nations, in which expedients, that in the ordinary state of things ought to be forborne, become essential to the public weal.
国家在某些紧急情况下，通常情况下应该避免的权宜之计对于公共福祉变得至关重要。
And the government, from the possibility of such emergencies, ought ever to have the option of making use of them.
鉴于发生此类紧急情况的可能性，政府应该可以选择利用它们。
The real scarcity of objects in this country, which may be considered as productive sources of revenue, is a reason peculiar to itself, for not abridging the discretion of the national councils in this respect.
这个国家真正稀缺的物品（可被视为生产性收入来源）本身就是一个特有的原因，因此不剥夺国家委员会在这方面的自由裁量权。
There may exist certain critical and tempestuous conjunctures of the State, in which a poll tax may become an inestimable resource.
国家可能存在某些关键和动荡的情况，人头税可能成为不可估量的资源。
And as I know nothing to exempt this portion of the globe from the common calamities that have befallen other parts of it, I acknowledge my aversion to every project that is calculated to disarm the government of a single weapon, which in any possible contingency might be usefully employed for the general defense and security.
由于我不知道如何使地球的这一地区免受其他地区所遭受的共同灾难的影响，我承认我厌恶每一个旨在解除政府单一武器武装的项目，而在任何可能的意外情况下，这种武器都可以有效地用于总体防御和安全。
(I have now gone through the examination of such of the powers proposed to be vested in the United States, which may be considered as having an immediate relation to the energy of the government; and have endeavored to answer the principal objections which have been made to them.
（我现在已经对拟赋予美国的这些权力进行了审查，这些权力可能被认为与政府的权力有直接关系；并尽力回答了对这些权力提出的主要反对意见。
I have passed over in silence those minor authorities, which are either too inconsiderable to have been thought worthy of the hostilities of the opponents of the Constitution, or of too manifest propriety to admit of controversy.
我默默地忽略了那些次要的权威，它们要么太微不足道，不值得宪法反对者的敌视，要么太明显合宜，不容争议。
The mass of judiciary power, however, might have claimed an investigation under this head, had it not been for the consideration that its organization and its extent may be more advantageously considered in connection.
然而，如果不是考虑到其组织和范围可能更有利地考虑到这一点，那么大部分司法权力可能会要求在这一类别下进行调查。
This has determined me to refer it to the branch of our inquiries upon which we shall next enter.)(E1)
这决定我将其提交给我们接下来要进入的调查分支。）（E1）
(I have now gone through the examination of those powers proposed to be conferred upon the federal government which relate more peculiarly to its energy, and to its efficiency for answering the great and primary objects of union.
（我现在已经审查了拟授予联邦政府的那些权力，这些权力与联邦政府的能量和效率有关，以实现联邦的伟大和首要目标。
There are others which, though omitted here, will, in order to render the view of the subject more complete, be taken notice of under the next head of our inquiries.
还有其他一些内容，虽然这里省略了，但为了使该主题的观点更加完整，将在我们调查的下一个标题下予以注意。
I flatter myself the progress already made will have sufficed to satisfy the candid and judicious part of the community that some of the objections which have been most strenuously urged against the Constitution, and which were most formidable in their first appearance, are not only destitute of substance, but if they had operated in the formation of the plan, would have rendered it incompetent to the great ends of public happiness and national prosperity.
我自以为已经取得的进展足以让社会中坦率而明智的部分感到满意，他们认为，一些最强烈地反对宪法的反对意见，这些反对意见最初出现时是最令人生畏的，不仅缺乏实质内容，而且如果它们在计划的制定中发挥作用，就会使其无能力实现公众幸福和国家繁荣的伟大目标。
I equally flatter myself that a further and more critical investigation of the system will serve to recommend it still more to every sincere and disinterested advocate for good government and will leave no doubt with men of this character of the propriety and expediency of adopting it.
我同样自以为对这一制度进行进一步、更批判性的调查，将有助于向每一位真诚而无私的善政倡导者推荐它，并使具有这种性格的人毫无疑问地采用它的适当性和权宜之计。
Happy will it be for ourselves, and more honorable for human nature, if we have wisdom and virtue enough to set so glorious an example to mankind!)(E1)
如果我们有足够的智慧和美德为人类树立如此光荣的榜样，那对我们自己来说是幸福的，对人性来说更光荣！）（E1）
PUBLIUS
普布利乌斯
1.
1.
The New England States.
新英格兰各州。
E1.
E1。
Two versions of this paragraph appear in different editions.
本段的两个版本出现在不同的版本中。
FEDERALIST No. 37
联邦党人文集第37号
Concerning the Difficulties of the Convention in Devising a Proper Form of Government.
关于《公约》在设计适当的政府形式方面的困难。
From the Daily Advertiser.
来自每日广告商。
Friday, January 11, 1788.
1788 年 1 月 11 日，星期五。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
IN REVIEWING the defects of the existing Confederation, and showing that they cannot be supplied by a government of less energy than that before the public, several of the most important principles of the latter fell of course under consideration.
在审查现有联邦的缺陷并表明这些缺陷不能由一个比公众面前精力更少的政府来提供时，后者的几个最重要的原则当然受到了考虑。
But as the ultimate object of these papers is to determine clearly and fully the merits of this Constitution, and the expediency of adopting it, our plan cannot be complete without taking a more critical and thorough survey of the work of the convention, without examining it on all its sides, comparing it in all its parts, and calculating its probable effects.
但是，由于这些文件的最终目的是清楚、全面地确定本宪法的优点以及通过它的便利性，如果不对制宪会议的工作进行更批判性和彻底的调查，不从各个方面进行审查，对它的各个部分进行比较，并计算其可能的影响，我们的计划就不可能是完整的。
That this remaining task may be executed under impressions conducive to a just and fair result, some reflections must in this place be indulged, which candor previously suggests.
为了使剩下的任务能够在有利于公正和公平结果的印象下执行，必须在这个地方进行一些反思，正如之前所坦率的那样。
It is a misfortune, inseparable from human affairs, that public measures are rarely investigated with that spirit of moderation which is essential to a just estimate of their real tendency to advance or obstruct the public good; and that this spirit is more apt to be diminished than promoted, by those occasions which require an unusual exercise of it.
不幸的是，公共措施与人类事务密不可分，很少以温和的精神来研究公共措施，而这种精神对于公正地估计公共措施促进或阻碍公共利益的真实倾向至关重要；当需要不寻常地运用这种精神的场合时，这种精神更容易被削弱而不是被促进。
To those who have been led by experience to attend to this consideration, it could not appear surprising, that the act of the convention, which recommends so many important changes and innovations, which may be viewed in so many lights and relations, and which touches the springs of so many passions and interests, should find or excite dispositions unfriendly, both on one side and on the other, to a fair discussion and accurate judgment of its merits.
对于那些根据经验来考虑这一问题的人来说，公约的法案建议了如此多的重要变革和创新，可以从如此多的角度和关系来看待，并且触及了如此多的激情和利益的源泉，它应该会发现或激起对公平讨论和对其优点进行准确判断的不利情绪，这一点并不令人惊讶。
In some, it has been too evident from their own publications, that they have scanned the proposed Constitution, not only with a predisposition to censure, but with a predetermination to condemn; as the language held by others betrays an opposite predetermination or bias, which must render their opinions also of little moment in the question.
在一些人中，从他们自己的出版物中可以明显看出，他们已经审视了拟议的宪法，不仅倾向于谴责，而且预先决定谴责；因为其他人所持的语言暴露了相反的预定或偏见，这必然使他们的观点在问题中也无足轻重。
In placing, however, these different characters on a level, with respect to the weight of their opinions, I wish not to insinuate that there may not be a material difference in the purity of their intentions.
然而，在将这些不同的人物放在一个水平上时，就他们的意见的分量而言，我不想暗示他们的意图的纯粹性可能不存在实质性差异。
It is but just to remark in favor of the latter description, that as our situation is universally admitted to be peculiarly critical, and to require indispensably that something should be done for our relief, the predetermined patron of what has been actually done may have taken his bias from the weight of these considerations, as well as from considerations of a sinister nature.
只是为了支持后一种描述，我们的处境被普遍认为是特别危急的，并且不可避免地需要采取一些措施来救济我们，而实际所做的事情的预定赞助者可能会从这些考虑的重担以及对险恶本质的考虑中产生偏见。
The predetermined adversary, on the other hand, can have been governed by no venial motive whatever.
另一方面，预定的对手则不可能出于任何善意的动机。
The intentions of the first may be upright, as they may on the contrary be culpable.
前者的意图可能是正直的，但相反，他们可能是有罪的。
The views of the last cannot be upright, and must be culpable.
最后的观点不可能是正直的，而且一定是有罪的。
But the truth is, that these papers are not addressed to persons falling under either of these characters.
但事实是，这些论文并不是针对属于这两种性格的人的。
They solicit the attention of those only, who add to a sincere zeal for the happiness of their country, a temper favorable to a just estimate of the means of promoting it.
它们只吸引那些对国家幸福充满真诚热情、有利于公正评估促进国家幸福的手段的人的注意。
Persons of this character will proceed to an examination of the plan submitted by the convention, not only without a disposition to find or to magnify faults; but will see the propriety of reflecting, that a faultless plan was not to be expected.
具有这种性格的人会着手审查大会提交的计划，不仅不会发现或放大错误，而且还会对计划进行审查。但我们会看到反思的适当性，一个完美的计划是不可预期的。
Nor will they barely make allowances for the errors which may be chargeable on the fallibility to which the convention, as a body of men, were liable; but will keep in mind, that they themselves also are but men, and ought not to assume an infallibility in rejudging the fallible opinions of others.
他们也几乎不会考虑到国民公会作为一个人的团体可能会犯的错误。但要记住，他们自己也不过是人，不应该在重新判断他人错误的观点时认为自己是正确的。
With equal readiness will it be perceived, that besides these inducements to candor, many allowances ought to be made for the difficulties inherent in the very nature of the undertaking referred to the convention.
我们同样愿意认识到，除了这些坦诚的诱因之外，还应该考虑到公约所涉事业的本质所固有的困难。
The novelty of the undertaking immediately strikes us.
这项事业的新颖性立刻给我们留下了深刻的印象。
It has been shown in the course of these papers, that the existing Confederation is founded on principles which are fallacious; that we must consequently change this first foundation, and with it the superstructure resting upon it.
这些论文已经表明，现有的联邦是建立在错误的原则之上的；因此，我们必须改变这个第一个基础，以及随之而来的上层建筑。
It has been shown, that the other confederacies which could be consulted as precedents have been vitiated by the same erroneous principles, and can therefore furnish no other light than that of beacons, which give warning of the course to be shunned, without pointing out that which ought to be pursued.
事实证明，可以作为先例参考的其他联盟也因同样的错误原则而受到损害，因此除了灯塔之外，它们不能提供其他任何光明，灯塔警告要避开的路线，但没有指出应该采取的路线。
The most that the convention could do in such a situation, was to avoid the errors suggested by the past experience of other countries, as well as of our own; and to provide a convenient mode of rectifying their own errors, as future experiences may unfold them.
在这种情况下，公约最多能做的就是避免其他国家以及我们自己的过去经验所暗示的错误；并提供一种纠正自己错误的便捷模式，因为未来的经验可能会揭示这些错误。
Among the difficulties encountered by the convention, a very important one must have lain in combining the requisite stability and energy in government, with the inviolable attention due to liberty and to the republican form.
在制宪会议遇到的困难中，一个非常重要的困难必然在于如何将政府必要的稳定性和活力与自由和共和形式所带来的不可侵犯的关注结合起来。
Without substantially accomplishing this part of their undertaking, they would have very imperfectly fulfilled the object of their appointment, or the expectation of the public; yet that it could not be easily accomplished, will be denied by no one who is unwilling to betray his ignorance of the subject.
如果没有实质性地完成这部分任务，他们就无法充分实现其任命的目标或公众的期望；然而，这一点并不容易实现，任何不愿意暴露自己对这一主题无知的人都不会否认这一点。
Energy in government is essential to that security against external and internal danger, and to that prompt and salutary execution of the laws which enter into the very definition of good government.
政府的精力对于防范外部和内部危险以及迅速和有益地执行法律至关重要，而这些法律正是好政府的定义。
Stability in government is essential to national character and to the advantages annexed to it, as well as to that repose and confidence in the minds of the people, which are among the chief blessings of civil society.
政府的稳定对于国民性格及其所带来的优势以及人民心灵的平静和信心至关重要，而这是公民社会的主要福祉之一。
An irregular and mutable legislation is not more an evil in itself than it is odious to the people; and it may be pronounced with assurance that the people of this country, enlightened as they are with regard to the nature, and interested, as the great body of them are, in the effects of good government, will never be satisfied till some remedy be applied to the vicissitudes and uncertainties which characterize the State administrations.
不合规且易变的立法本身并不是一种罪恶，而是让人民感到厌恶。可以肯定地说，这个国家的人民虽然对本质很了解，并且像他们中的大多数人一样对良好政府的效果感兴趣，但如果不采取某种补救措施来解决国家行政管理的变迁和不确定性，他们就永远不会满意。
On comparing, however, these valuable ingredients with the vital principles of liberty, we must perceive at once the difficulty of mingling them together in their due proportions.
然而，在将这些有价值的成分与自由的重要原则进行比较时，我们必须立即认识到将它们按适当比例混合在一起的困难。
The genius of republican liberty seems to demand on one side, not only that all power should be derived from the people, but that those intrusted with it should be kept in independence on the people, by a short duration of their appointments; and that even during this short period the trust should be placed not in a few, but a number of hands.
共和自由的天才似乎一方面要求，不仅所有权力都应来自人民，而且那些受托权力的人也应通过短期任命保持独立于人民；即使在这么短的时间内，信托也不应该交给少数人，而是交给很多人。
Stability, on the contrary, requires that the hands in which power is lodged should continue for a length of time the same.
相反，稳定要求掌握权力的人能够持续一段时间。
A frequent change of men will result from a frequent return of elections; and a frequent change of measures from a frequent change of men: whilst energy in government requires not only a certain duration of power, but the execution of it by a single hand.
频繁的选举将导致频繁的人员变动；政府的能量不仅需要一定的权力期限，而且需要由一个人来执行。
How far the convention may have succeeded in this part of their work, will better appear on a more accurate view of it.
大会在这部分工作中取得了多大的成功，将更好地体现在对它的更准确的看法上。
From the cursory view here taken, it must clearly appear to have been an arduous part.
从这里粗略地看，这显然是一个艰巨的部分。
Not less arduous must have been the task of marking the proper line of partition between the authority of the general and that of the State governments.
在将军权力和州政府权力之间划定适当界限的任务一定同样艰巨。
Every man will be sensible of this difficulty, in proportion as he has been accustomed to contemplate and discriminate objects extensive and complicated in their nature.
每个人都会感觉到这种困难，这与他习惯于思考和辨别本质上广泛而复杂的物体的程度成正比。
The faculties of the mind itself have never yet been distinguished and defined, with satisfactory precision, by all the efforts of the most acute and metaphysical philosophers.
最敏锐和形而上学哲学家的所有努力都从未以令人满意的精确度来区分和定义心灵本身的能力。
Sense, perception, judgment, desire, volition, memory, imagination, are found to be separated by such delicate shades and minute gradations that their boundaries have eluded the most subtle investigations, and remain a pregnant source of ingenious disquisition and controversy.
人们发现，感觉、知觉、判断、欲望、意志、记忆、想象力被如此微妙的色调和微小的层次所分开，以至于它们的界限已经逃避了最微妙的调查，并且仍然是巧妙的研究和争议的重要来源。
The boundaries between the great kingdom of nature, and, still more, between the various provinces, and lesser portions, into which they are subdivided, afford another illustration of the same important truth.
伟大的自然王国之间的边界，更重要的是各个省份之间的边界，以及它们被细分为的较小部分之间的边界，为同一重要真理提供了另一个例证。
The most sagacious and laborious naturalists have never yet succeeded in tracing with certainty the line which separates the district of vegetable life from the neighboring region of unorganized matter, or which marks the termination of the former and the commencement of the animal empire.
最聪明、最勤奋的博物学家也从未成功地准确地追踪出植物生命区域与邻近的无组织物质区域的分界线，或者标志着前者的终结和动物帝国的开始的分界线。
A still greater obscurity lies in the distinctive characters by which the objects in each of these great departments of nature have been arranged and assorted.
更大的模糊之处在于自然这些伟大部门中的物体被排列和分类的独特特征。
When we pass from the works of nature, in which all the delineations are perfectly accurate, and appear to be otherwise only from the imperfection of the eye which surveys them, to the institutions of man, in which the obscurity arises as well from the object itself as from the organ by which it is contemplated, we must perceive the necessity of moderating still further our expectations and hopes from the efforts of human sagacity.
当我们从自然的作品（其中所有的描绘都是完全准确的，并且似乎只是由于观察它们的眼睛的不完美而显得不同）转向人类的制度（其中模糊性不仅来自物体本身，也来自于思考它的器官）时，我们必须认识到有必要进一步调节我们对人类智慧的努力的期望和希望。
Experience has instructed us that no skill in the science of government has yet been able to discriminate and define, with sufficient certainty, its three great provinces the legislative, executive, and judiciary; or even the privileges and powers of the different legislative branches.
经验告诉我们，政府科学中还没有任何技术能够足够确定地区分和定义政府的三大领域：立法、行政和司法。甚至不同立法部门的特权和权力。
Questions daily occur in the course of practice, which prove the obscurity which reins in these subjects, and which puzzle the greatest adepts in political science.
实践过程中每天都会出现问题，这证明了这些学科的晦涩难懂，也让政治学最伟大的专家感到困惑。
The experience of ages, with the continued and combined labors of the most enlightened legislatures and jurists, has been equally unsuccessful in delineating the several objects and limits of different codes of laws and different tribunals of justice.
多年来的经验，以及最开明的立法机关和法学家的持续和共同努力，在界定不同法律法规和不同法庭的若干目标和限制方面同样未能成功。
The precise extent of the common law, and the statute law, the maritime law, the ecclesiastical law, the law of corporations, and other local laws and customs, remains still to be clearly and finally established in Great Britain, where accuracy in such subjects has been more industriously pursued than in any other part of the world.
在英国，普通法、成文法、海商法、教会法、公司法以及其他当地法律和习惯的确切范围仍有待明确和最终确定，英国比世界任何其他地方都更加勤奋地追求这些主题的准确性。
The jurisdiction of her several courts, general and local, of law, of equity, of admiralty, etc., is not less a source of frequent and intricate discussions, sufficiently denoting the indeterminate limits by which they are respectively circumscribed.
她的几个法院，无论是普通法院还是地方法院、法律法院、衡平法法院、海事法院等，其管辖权同样是频繁而复杂的讨论的根源，这足以表明它们各自受到的不确定界限。
All new laws, though penned with the greatest technical skill, and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal, until their meaning be liquidated and ascertained by a series of particular discussions and adjudications.
所有新法律，尽管以最精湛的技术制定，并经过最充分和最成熟的审议，但或多或少被认为是晦涩和模棱两可的，直到它们的含义被一系列特定的讨论和裁决所清算和确定。
Besides the obscurity arising from the complexity of objects, and the imperfection of the human faculties, the medium through which the conceptions of men are conveyed to each other adds a fresh embarrassment.
除了由于物体的复杂性和人类能力的不完善而产生的模糊性之外，人类观念相互传达的媒介也增添了一种新的尴尬。
The use of words is to express ideas.
词语的使用是为了表达思想。
Perspicuity, therefore, requires not only that the ideas should be distinctly formed, but that they should be expressed by words distinctly and exclusively appropriate to them.
因此，清晰性不仅要求思想应该清晰地形成，而且还应该用明确且专门适合它们的词语来表达。
But no language is so copious as to supply words and phrases for every complex idea, or so correct as not to include many equivocally denoting different ideas.
但没有一种语言能够如此丰富，为每个复杂的想法提供单词和短语，或者如此正确，不包含许多模棱两可地表示不同的想法。
Hence it must happen that however accurately objects may be discriminated in themselves, and however accurately the discrimination may be considered, the definition of them may be rendered inaccurate by the inaccuracy of the terms in which it is delivered.
因此，必然会发生这样的情况：无论物体本身如何准确地被区分，无论这种区分被考虑得多么准确，它们的定义都可能由于所用术语的不准确而变得不准确。
And this unavoidable inaccuracy must be greater or less, according to the complexity and novelty of the objects defined.
根据所定义对象的复杂性和新颖性，这种不可避免的误差必须或多或少。
When the Almighty himself condescends to address mankind in their own language, his meaning, luminous as it must be, is rendered dim and doubtful by the cloudy medium through which it is communicated.
当全能的上帝亲自屈尊用人类自己的语言向人类讲话时，他的意义本来应该是明亮的，但由于其传达的媒介的阴暗而变得模糊和可疑。
Here, then, are three sources of vague and incorrect definitions: indistinctness of the object, imperfection of the organ of conception, inadequateness of the vehicle of ideas.
那么，模糊和不正确的定义有三个根源：对象的模糊性、观念器官的不完善性、观念载体的不充分性。
Any one of these must produce a certain degree of obscurity.
其中任何一项都必须产生一定程度的模糊性。
The convention, in delineating the boundary between the federal and State jurisdictions, must have experienced the full effect of them all.
该公约在划定联邦和州管辖权之间的界限时，必须经历了所有这些管辖权的全部影响。
To the difficulties already mentioned may be added the interfering pretensions of the larger and smaller States.
除了已经提到的困难之外，还可能加上大国和小国的干涉。
We cannot err in supposing that the former would contend for a participation in the government, fully proportioned to their superior wealth and importance; and that the latter would not be less tenacious of the equality at present enjoyed by them.
我们不能错误地假设前者会根据其优越的财富和重要性而竞争参与政府；后者对于他们目前所享有的平等也不会那么执着。
We may well suppose that neither side would entirely yield to the other, and consequently that the struggle could be terminated only by compromise.
我们完全可以假设，任何一方都不会完全屈服于另一方，因此，只有通过妥协才能结束斗争。
It is extremely probable, also, that after the ratio of representation had been adjusted, this very compromise must have produced a fresh struggle between the same parties, to give such a turn to the organization of the government, and to the distribution of its powers, as would increase the importance of the branches, in forming which they had respectively obtained the greatest share of influence.
而且，极有可能的是，在调整代表比例之后，这种妥协一定会在同一党派之间引发一场新的斗争，以便在政府的组织和权力的分配上进行新的斗争，从而增加各部门的重要性，因为它们在组建这些部门时分别获得了最大的影响力。
There are features in the Constitution which warrant each of these suppositions; and as far as either of them is well founded, it shows that the convention must have been compelled to sacrifice theoretical propriety to the force of extraneous considerations.
宪法中有一些特征可以保证这些假设的成立；就它们中的任何一个都有充分根据而言，它表明制宪会议必定被迫为了无关的考虑因素而牺牲理论合理性。
Nor could it have been the large and small States only, which would marshal themselves in opposition to each other on various points.
也不可能只有大小国家在不同问题上联合起来相互对立。
Other combinations, resulting from a difference of local position and policy, must have created additional difficulties.
由于当地立场和政策的不同而导致的其他组合肯定会造成额外的困难。
As every State may be divided into different districts, and its citizens into different classes, which give birth to contending interests and local jealousies, so the different parts of the United States are distinguished from each other by a variety of circumstances, which produce a like effect on a larger scale.
由于每个州都可能被划分为不同的地区，其公民也可能被划分为不同的阶级，从而产生利益冲突和地方嫉妒，因此美国的不同地区也因不同的情况而彼此区分，从而在更大范围内产生类似的效果。
And although this variety of interests, for reasons sufficiently explained in a former paper, may have a salutary influence on the administration of the government when formed, yet every one must be sensible of the contrary influence, which must have been experienced in the task of forming it.
尽管这种不同的利益（其原因在前一篇论文中已得到充分解释）可能会对政府的管理产生有益的影响，但每个人都必须意识到相反的影响，这种影响在组建政府的过程中必须经历过。
Would it be wonderful if, under the pressure of all these difficulties, the convention should have been forced into some deviations from that artificial structure and regular symmetry which an abstract view of the subject might lead an ingenious theorist to bestow on a Constitution planned in his closet or in his imagination?
如果在所有这些困难的压力下，制宪会议被迫偏离那种人为的结构和规则的对称性，而这种人为的结构和规则的对称性可能会导致一个聪明的理论家在他的密室或想象中计划制定一部宪法，而抽象的主题观点可能会导致这种情况，那会很棒吗？
The real wonder is that so many difficulties should have been surmounted, and surmounted with a unanimity almost as unprecedented as it must have been unexpected.
真正令人惊奇的是，这么多的困难应该被克服，而且是一致克服的，几乎是史无前例的，也是出乎意料的。
It is impossible for any man of candor to reflect on this circumstance without partaking of the astonishment.
任何一个坦诚的人在反思这种情况时都不可能不感到惊讶。
It is impossible for the man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.
虔诚反思的人不可能不从其中看到那只全能之手的一根手指，在革命的关键阶段，它如此频繁地、显着地伸出来救济我们。
We had occasion, in a former paper, to take notice of the repeated trials which have been unsuccessfully made in the United Netherlands for reforming the baneful and notorious vices of their constitution.
我们在以前的一份报纸上曾有机会注意到荷兰联合王国为改革其宪法中有害而臭名昭著的罪恶而进行的多次尝试，但均未成功。
The history of almost all the great councils and consultations held among mankind for reconciling their discordant opinions, assuaging their mutual jealousies, and adjusting their respective interests, is a history of factions, contentions, and disappointments, and may be classed among the most dark and degraded pictures which display the infirmities and depravities of the human character.
人类为调和不同意见、缓和相互嫉妒、调整各自利益而举行的几乎所有伟大的会议和协商的历史，都是一部派别、争论和失望的历史，可以归为显示人性的软弱和堕落的最黑暗和堕落的图画。
If, in a few scattered instances, a brighter aspect is presented, they serve only as exceptions to admonish us of the general truth; and by their lustre to darken the gloom of the adverse prospect to which they are contrasted.
如果在一些零星的事例中呈现出更光明的一面，它们也只是作为例外来告诫我们普遍的真理；并通过它们的光彩使与之形成对比的不利前景的阴暗变得更加暗淡。
In revolving the causes from which these exceptions result, and applying them to the particular instances before us, we are necessarily led to two important conclusions.
在探究这些例外的原因并将其应用于我们面前的特定实例时，我们必然会得出两个重要的结论。
The first is, that the convention must have enjoyed, in a very singular degree, an exemption from the pestilential influence of party animosities the disease most incident to deliberative bodies, and most apt to contaminate their proceedings.
首先，大会必须在非常独特的程度上免受政党仇恨的瘟疫影响，这种疾病最容易发生在审议机构身上，也最容易污染他们的议事程序。
The second conclusion is that all the deputations composing the convention were satisfactorily accommodated by the final act, or were induced to accede to it by a deep conviction of the necessity of sacrificing private opinions and partial interests to the public good, and by a despair of seeing this necessity diminished by delays or by new experiments.
第二个结论是，组成大会的所有代表都满意地接受了最终法案，或者是因为深信必须为了公共利益而牺牲个人意见和部分利益，并且对看到这种必要性因拖延或新实验而减弱而感到绝望，而被迫加入该法案。
FEDERALIST No. 38
联邦党人文集第38号
The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed.
同样的主题仍在继续，并且暴露了对新计划的反对意见的不连贯性。
From The Independent Journal.
来自独立杂志。
Saturday, January 12, 1788.
1788 年 1 月 12 日，星期六。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
IT IS not a little remarkable that in every case reported by ancient history, in which government has been established with deliberation and consent, the task of framing it has not been committed to an assembly of men, but has been performed by some individual citizen of preeminent wisdom and approved integrity.
值得注意的是，在古代历史记载的每一个案例中，政府都是经过深思熟虑和同意而建立的，制定政府的任务并不是由一群人来承担，而是由一些具有卓越智慧和公认正直的公民来执行。
Minos, we learn, was the primitive founder of the government of Crete, as Zaleucus was of that of the Locrians.
我们了解到，米诺斯是克里特岛政府的原始创始人，就像扎留古是洛克里安人的政府一样。
Theseus first, and after him Draco and Solon, instituted the government of Athens.
首先是忒修斯，然后是德拉科和梭伦，建立了雅典政府。
Lycurgus was the lawgiver of Sparta.
莱库格斯是斯巴达的立法者。
The foundation of the original government of Rome was laid by Romulus, and the work completed by two of his elective successors, Numa and Tullius Hostilius.
罗马最初政府的基础是由罗慕路斯奠定的，并由他的两位当选继承人努马和图利乌斯·霍斯蒂留斯完成。
On the abolition of royalty the consular administration was substituted by Brutus, who stepped forward with a project for such a reform, which, he alleged, had been prepared by Tullius Hostilius, and to which his address obtained the assent and ratification of the senate and people.
废除王权后，领事行政机构由布鲁图斯取代，布鲁图斯提出了一项改革计划，他声称该计划是由图利乌斯·霍斯蒂利乌斯准备的，他的讲话得到了元老院和人民的同意和批准。
This remark is applicable to confederate governments also.
这句话也适用于邦联政府。
Amphictyon, we are told, was the author of that which bore his name.
据我们所知，Amphictyon 是以他的名字命名的作品的作者。
The Achaean league received its first birth from Achaeus, and its second from Aratus.
亚该亚联盟的第一个诞生来自于阿凯乌斯，第二个诞生于阿拉图斯。
What degree of agency these reputed lawgivers might have in their respective establishments, or how far they might be clothed with the legitimate authority of the people, cannot in every instance be ascertained.
这些著名的立法者在各自的机构中可能拥有何种程度的代理权，或者他们在多大程度上拥有人民的合法权威，在任何情况下都无法确定。
In some, however, the proceeding was strictly regular.
然而，在某些情况下，程序是严格常规的。
Draco appears to have been intrusted by the people of Athens with indefinite powers to reform its government and laws.
德拉科似乎被雅典人民赋予了无限期的权力来改革政府和法律。
And Solon, according to Plutarch, was in a manner compelled, by the universal suffrage of his fellow-citizens, to take upon him the sole and absolute power of new-modeling the constitution.
根据普鲁塔克的说法，梭伦在某种程度上是由于同胞的普选而被迫承担了制定新宪法的唯一和绝对的权力。
The proceedings under Lycurgus were less regular; but as far as the advocates for a regular reform could prevail, they all turned their eyes towards the single efforts of that celebrated patriot and sage, instead of seeking to bring about a revolution by the intervention of a deliberative body of citizens.
莱库古斯领导下的诉讼程序不太规律。但是，就定期改革的倡导者而言，他们都把目光投向了这位著名的爱国者和圣人的单一努力，而不是寻求通过公民协商团体的干预来实现革命。
Whence could it have proceeded, that a people, jealous as the Greeks were of their liberty, should so far abandon the rules of caution as to place their destiny in the hands of a single citizen?
一个像希腊人一样嫉妒自己自由的民族，竟然会放弃谨慎的规则，而将自己的命运交到一个公民的手中，这是从哪里开始的呢？
Whence could it have proceeded, that the Athenians, a people who would not suffer an army to be commanded by fewer than ten generals, and who required no other proof of danger to their liberties than the illustrious merit of a fellow-citizen, should consider one illustrious citizen as a more eligible depositary of the fortunes of themselves and their posterity, than a select body of citizens, from whose common deliberations more wisdom, as well as more safety, might have been expected?
雅典人不愿意接受少于十名将军指挥的军队，除了同胞的杰出功绩之外，不需要任何其他证据证明他们的自由受到威胁，他们会认为一位杰出的公民比一群经过挑选的公民更有资格保存自己和子孙后代的财产，而从他们的共同审议中可以期待更多的智慧和更多的安全，那么雅典人是从哪里开始的呢？
These questions cannot be fully answered, without supposing that the fears of discord and disunion among a number of counsellors exceeded the apprehension of treachery or incapacity in a single individual.
如果不假设对多名顾问之间不和和分裂的担忧超过了对单个人的背叛或无能的担忧，这些问题就无法得到充分回答。
History informs us, likewise, of the difficulties with which these celebrated reformers had to contend, as well as the expedients which they were obliged to employ in order to carry their reforms into effect.
同样，历史告诉我们这些著名的改革家必须应对的困难，以及他们为实施改革而不得不采取的权宜之计。
Solon, who seems to have indulged a more temporizing policy, confessed that he had not given to his countrymen the government best suited to their happiness, but most tolerable to their prejudices.
梭伦似乎采取了更为临时性的政策，他承认，他没有给他的同胞提供最适合他们幸福的政府，而是最能容忍他们的偏见的政府。
And Lycurgus, more true to his object, was under the necessity of mixing a portion of violence with the authority of superstition, and of securing his final success by a voluntary renunciation, first of his country, and then of his life.
而莱库古斯则更忠于他的目标，他必须将一部分暴力与迷信权威相结合，并通过自愿放弃国家、然后放弃自己的生命来确保他最终的成功。
If these lessons teach us, on one hand, to admire the improvement made by America on the ancient mode of preparing and establishing regular plans of government, they serve not less, on the other, to admonish us of the hazards and difficulties incident to such experiments, and of the great imprudence of unnecessarily multiplying them.
如果说这些教训一方面让我们钦佩美国在制定和建立政府定期计划的古老模式上所取得的进步，那么另一方面，它们也同样告诫我们此类实验可能会遇到的危险和困难，以及不必要地增加这些实验的极其轻率。
Is it an unreasonable conjecture, that the errors which may be contained in the plan of the convention are such as have resulted rather from the defect of antecedent experience on this complicated and difficult subject, than from a want of accuracy or care in the investigation of it; and, consequently such as will not be ascertained until an actual trial shall have pointed them out?
认为制宪会议的计划中可能包含的错误是由于在这个复杂而困难的问题上以前的经验的缺陷造成的，而不是由于在调查过程中缺乏准确性或谨慎造成的，这是否是一种不合理的推测？因此，只有在实际审判指出这些问题之前，才能确定这些问题吗？
This conjecture is rendered probable, not only by many considerations of a general nature, but by the particular case of the Articles of Confederation.
这一猜想之所以成为可能，不仅是因为许多一般性的考虑，而且是因为《邦联条例》的特殊情况。
It is observable that among the numerous objections and amendments suggested by the several States, when these articles were submitted for their ratification, not one is found which alludes to the great and radical error which on actual trial has discovered itself.
可以看出，当这些条款提交批准时，在几个国家提出的众多反对意见和修正案中，没有发现任何一项暗示在实际审判中发现的巨大而根本的错误。
And if we except the observations which New Jersey was led to make, rather by her local situation, than by her peculiar foresight, it may be questioned whether a single suggestion was of sufficient moment to justify a revision of the system.
如果我们排除新泽西州被迫做出的观察，而不是由于她的当地情况，而不是她独特的远见，那么可能会质疑单一建议是否有足够的理由来证明对制度的修改是合理的。
There is abundant reason, nevertheless, to suppose that immaterial as these objections were, they would have been adhered to with a very dangerous inflexibility, in some States, had not a zeal for their opinions and supposed interests been stifled by the more powerful sentiment of self-preservation.
然而，我们有充分的理由认为，尽管这些反对意见并不重要，但如果不是更强烈的自我保护情绪扼杀了他们的意见和所谓利益的热情，一些国家就会以非常危险的僵化态度坚持这些反对意见。
One State, we may remember, persisted for several years in refusing her concurrence, although the enemy remained the whole period at our gates, or rather in the very bowels of our country.
我们可能还记得，有一个国家多年来一直拒绝她的同意，尽管敌人整个时期都在我们的门口，或者更确切地说是在我们国家的腹地。
Nor was her pliancy in the end effected by a less motive, than the fear of being chargeable with protracting the public calamities, and endangering the event of the contest.
她最终表现出的柔顺并不是出于其他动机，而是担心被指控拖延公共灾难并危及比赛的进行。
Every candid reader will make the proper reflections on these important facts.
每一个坦诚的读者都会对这些重要事实做出适当的反思。
A patient who finds his disorder daily growing worse, and that an efficacious remedy can no longer be delayed without extreme danger, after coolly revolving his situation, and the characters of different physicians, selects and calls in such of them as he judges most capable of administering relief, and best entitled to his confidence.
一个病人发现自己的病症日益恶化，并且在冷静地考虑自己的情况和不同医生的性格之后，选择并召集他认为最有能力实施缓解措施并最有资格获得他信任的医生，而不会再拖延有效的治疗，否则会造成极大的危险。
The physicians attend; the case of the patient is carefully examined; a consultation is held; they are unanimously agreed that the symptoms are critical, but that the case, with proper and timely relief, is so far from being desperate, that it may be made to issue in an improvement of his constitution.
医生出席；仔细检查患者的情况；举行磋商；他们一致认为，症状很严重，但如果得到适当和及时的缓解，情况远非绝望，可能会改善他的体质。
They are equally unanimous in prescribing the remedy, by which this happy effect is to be produced.
他们同样一致地开出补救措施，通过该补救措施可以产生这种令人愉快的效果。
The prescription is no sooner made known, however, than a number of persons interpose, and, without denying the reality or danger of the disorder, assure the patient that the prescription will be poison to his constitution, and forbid him, under pain of certain death, to make use of it.
然而，处方一公布，就有一些人介入，在不否认这种疾病的现实或危险的情况下，向病人保证，该处方会对他的体质产生毒害，并禁止他使用该处方，违者必死。
Might not the patient reasonably demand, before he ventured to follow this advice, that the authors of it should at least agree among themselves on some other remedy to be substituted?
难道病人在冒险遵循这个建议之前，难道不能合理地要求该建议的作者至少应该就其他替代疗法达成一致吗？
And if he found them differing as much from one another as from his first counsellors, would he not act prudently in trying the experiment unanimously recommended by the latter, rather than be hearkening to those who could neither deny the necessity of a speedy remedy, nor agree in proposing one?
如果他发现他们之间的差异与他的第一位顾问之间的差异一样大，那么他是否会谨慎地尝试后者一致推荐的实验，而不是听取那些既不能否认快速补救措施的必要性，也不能同意提出快速补救措施的人的意见？
Such a patient and in such a situation is America at this moment.
此时此刻的美国就是这样的病人，处于这样的情况。
She has been sensible of her malady.
她已经意识到自己的病了。
She has obtained a regular and unanimous advice from men of her own deliberate choice.
她从她自己精心选择的男人那里得到了定期和一致的建议。
And she is warned by others against following this advice under pain of the most fatal consequences.
其他人警告她不要遵循这个建议，否则会带来最致命的后果。
Do the monitors deny the reality of her danger?
监视器是否否认她面临危险的现实？
No. Do they deny the necessity of some speedy and powerful remedy?
不。他们否认有必要采取一些快速而有效的补救措施吗？
No. Are they agreed, are any two of them agreed, in their objections to the remedy proposed, or in the proper one to be substituted?
不。他们是否同意，他们中的任何两个人是否同意反对所提议的补救措施，或者是否同意合适的替代方案？
Let them speak for themselves.
让他们自己说话。
This one tells us that the proposed Constitution ought to be rejected, because it is not a confederation of the States, but a government over individuals.
这告诉我们，拟议的宪法应该被拒绝，因为它不是各州的联邦，而是一个凌驾于个人之上的政府。
Another admits that it ought to be a government over individuals to a certain extent, but by no means to the extent proposed.
另一个人承认，在某种程度上，它应该是一个对个人的政府，但绝不是所提议的程度。
A third does not object to the government over individuals, or to the extent proposed, but to the want of a bill of rights.
第三种人并不反对政府凌驾于个人之上，也不反对政府所提议的程度，而是反对权利法案。
A fourth concurs in the absolute necessity of a bill of rights, but contends that it ought to be declaratory, not of the personal rights of individuals, but of the rights reserved to the States in their political capacity.
第四种观点同意权利法案的绝对必要性，但认为它应该是宣言性的，不是个人的个人权利，而是国家以其政治身份保留的权利。
A fifth is of opinion that a bill of rights of any sort would be superfluous and misplaced, and that the plan would be unexceptionable but for the fatal power of regulating the times and places of election.
第五种观点认为，任何形式的权利法案都是多余和错误的，如果没有规定选举时间和地点的致命权力，该计划将是无可例外的。
An objector in a large State exclaims loudly against the unreasonable equality of representation in the Senate.
一个大州的反对者大声疾呼反对参议院中不合理的代表平等。
An objector in a small State is equally loud against the dangerous inequality in the House of Representatives.
小州的反对者同样大声反对众议院中危险的不平等。
From this quarter, we are alarmed with the amazing expense, from the number of persons who are to administer the new government.
从本季度开始，我们对管理新政府的人数惊人的开支感到震惊。
From another quarter, and sometimes from the same quarter, on another occasion, the cry is that the Congress will be but a shadow of a representation, and that the government would be far less objectionable if the number and the expense were doubled.
来自另一个季度，有时来自同一季度，另一个场合的呼声是，国会将只是代表的影子，如果人数和费用增加一倍，政府将不会那么反感。
A patriot in a State that does not import or export, discerns insuperable objections against the power of direct taxation.
一个不进出口的国家的爱国者会发现对直接征税权力的不可克服的反对意见。
The patriotic adversary in a State of great exports and imports, is not less dissatisfied that the whole burden of taxes may be thrown on consumption.
一个进出口大国的爱国对手对于将全部税收负担转嫁到消费身上也同样不满。
This politician discovers in the Constitution a direct and irresistible tendency to monarchy; that is equally sure it will end in aristocracy.
这位政治家在宪法中发现了一种直接的、不可抗拒的君主制倾向。同样可以肯定的是，它最终会成为贵族。
Another is puzzled to say which of these shapes it will ultimately assume, but sees clearly it must be one or other of them; whilst a fourth is not wanting, who with no less confidence affirms that the Constitution is so far from having a bias towards either of these dangers, that the weight on that side will not be sufficient to keep it upright and firm against its opposite propensities.
另一个人很困惑地说它最终会呈现出这些形状中的哪一种，但清楚地看到它一定是其中一种或另一种；而第四个也不缺，他同样充满信心地断言，宪法远没有偏向这两种危险中的任何一种，以至于这一方的力量不足以使其保持正直和坚定，以对抗其相反的倾向。
With another class of adversaries to the Constitution the language is that the legislative, executive, and judiciary departments are intermixed in such a manner as to contradict all the ideas of regular government and all the requisite precautions in favor of liberty.
宪法的另一类反对者的语言是，立法、行政和司法部门的混合方式与正规政府的所有理念和有利于自由的所有必要预防措施相矛盾。
Whilst this objection circulates in vague and general expressions, there are but a few who lend their sanction to it.
虽然这种反对意见以模糊和笼统的表述流传，但只有少数人对此表示认可。
Let each one come forward with his particular explanation, and scarce any two are exactly agreed upon the subject.
让每个人都提出自己的具体解释，很少有两个人在这个问题上达成完全一致。
In the eyes of one the junction of the Senate with the President in the responsible function of appointing to offices, instead of vesting this executive power in the Executive alone, is the vicious part of the organization.
在人们看来，参议院与总统联合负责任命公职，而不是将这一行政权力单独授予行政部门，这是该组织的邪恶部分。
To another, the exclusion of the House of Representatives, whose numbers alone could be a due security against corruption and partiality in the exercise of such a power, is equally obnoxious.
对另一个人来说，将众议院排除在外同样令人讨厌，因为众议院的人数本身就可以在行使这一权力时防止腐败和偏袒。
With another, the admission of the President into any share of a power which ever must be a dangerous engine in the hands of the executive magistrate, is an unpardonable violation of the maxims of republican jealousy.
另一方面，允许总统参与任何权力，而这在行政法官手中必定是一个危险的引擎，这是对共和党嫉妒格言的不可原谅的违反。
No part of the arrangement, according to some, is more inadmissible than the trial of impeachments by the Senate, which is alternately a member both of the legislative and executive departments, when this power so evidently belonged to the judiciary department.
一些人认为，这一安排中没有什么比参议院对弹劾案的审判更不可接受的了，参议院轮流担任立法部门和行政部门的成员，而这一权力显然属于司法部门。
"We concur fully," reply others, "in the objection to this part of the plan, but we can never agree that a reference of impeachments to the judiciary authority would be an amendment of the error.
其他人回答说：“我们完全同意对计划的这一部分的反对，但我们永远不能同意弹劾司法当局就是对错误的修正。”
Our principal dislike to the organization arises from the extensive powers already lodged in that department." Even among the zealous patrons of a council of state the most irreconcilable variance is discovered concerning the mode in which it ought to be constituted.
我们对该组织的主要不满源于该部门已经拥有的广泛权力。”即使在国务委员会的热心支持者中，对于国务委员会的组成方式也存在着最不可调和的分歧。
The demand of one gentleman is, that the council should consist of a small number to be appointed by the most numerous branch of the legislature.
一位先生的要求是，理事会应由少数人组成，并由立法机关中人数最多的部门任命。
Another would prefer a larger number, and considers it as a fundamental condition that the appointment should be made by the President himself.
另一种观点则希望人数较多，并认为任命应由总统亲自任命是基本条件。
As it can give no umbrage to the writers against the plan of the federal Constitution, let us suppose, that as they are the most zealous, so they are also the most sagacious, of those who think the late convention were unequal to the task assigned them, and that a wiser and better plan might and ought to be substituted.
因为它不会让反对联邦宪法计划的作者们感到不快，所以让我们假设，在那些认为最近的大会无法胜任分配给他们的任务的人中，他们是最热心的，所以他们也是最睿智的，并且可以而且应该用一个更明智、更好的计划来取代。
Let us further suppose that their country should concur, both in this favorable opinion of their merits, and in their unfavorable opinion of the convention; and should accordingly proceed to form them into a second convention, with full powers, and for the express purpose of revising and remoulding the work of the first.
让我们进一步假设他们的国家应该同意，无论是对他们的优点的赞成意见，还是对公约的反对意见；因此，应着手将它们组成具有全权的第二个公约，其明确目的是修订和改造第一个公约的工作。
Were the experiment to be seriously made, though it required some effort to view it seriously even in fiction, I leave it to be decided by the sample of opinions just exhibited, whether, with all their enmity to their predecessors, they would, in any one point, depart so widely from their example, as in the discord and ferment that would mark their own deliberations; and whether the Constitution, now before the public, would not stand as fair a chance for immortality, as Lycurgus gave to that of Sparta, by making its change to depend on his own return from exile and death, if it were to be immediately adopted, and were to continue in force, not until a BETTER, but until ANOTHER should be agreed upon by this new assembly of lawgivers.
如果这项实验是认真进行的，尽管即使在小说中也需要付出一些努力才能认真地看待它，但我还是将其取决于刚刚展示的观点样本，即他们是否会在任何一点上与他们的榜样背道而驰，因为他们对前辈充满敌意，就像他们自己的深思熟虑所标志着的不和谐和骚动一样；现在摆在公众面前的宪法是否会像莱库古斯给予斯巴达的宪法一样，有一个不朽的机会，通过使宪法的改变取决于他自己从流放和死亡的归来，如果它立即被通过，并继续有效，不是直到一个更好的宪法，而是直到这个新的立法者大会商定另一个更好的宪法。
It is a matter both of wonder and regret, that those who raise so many objections against the new Constitution should never call to mind the defects of that which is to be exchanged for it.
令人惊奇和遗憾的是，那些对新宪法提出如此多反对意见的人却永远不会想到要换取的宪法的缺陷。
It is not necessary that the former should be perfect; it is sufficient that the latter is more imperfect.
前者不一定是完美的，但也可以是完美的。后者更不完美就足够了。
No man would refuse to give brass for silver or gold, because the latter had some alloy in it.
没有人会拒绝用黄铜换取银或金，因为后者含有某种合金。
No man would refuse to quit a shattered and tottering habitation for a firm and commodious building, because the latter had not a porch to it, or because some of the rooms might be a little larger or smaller, or the ceilings a little higher or lower than his fancy would have planned them.
没有人会拒绝离开破烂摇摇欲坠的住所，去建造一栋坚固宽敞的建筑，因为后者没有门廊，或者因为有些房间可能比他想象的要大一些或小一些，或者天花板比他想象的要高一些或低一些。
But waiving illustrations of this sort, is it not manifest that most of the capital objections urged against the new system lie with tenfold weight against the existing Confederation?
但是，抛开此类例证，难道不明显的是，大多数反对新制度的资本反对意见都是反对现有联邦的十倍吗？
Is an indefinite power to raise money dangerous in the hands of the federal government?
联邦政府手中无限期的筹集资金的权力是否危险？
The present Congress can make requisitions to any amount they please, and the States are constitutionally bound to furnish them; they can emit bills of credit as long as they will pay for the paper; they can borrow, both abroad and at home, as long as a shilling will be lent.
本届国会可以提出任意数量的请求，而各州有宪法义务提供这些请求；只要他们愿意支付票据费用，他们就可以开出信用证；他们可以在国外和国内借款，只要借出一先令。
Is an indefinite power to raise troops dangerous?
无限期的征兵权危险吗？
The Confederation gives to Congress that power also; and they have already begun to make use of it.
联邦也赋予国会这项权力；他们已经开始利用它了。
Is it improper and unsafe to intermix the different powers of government in the same body of men?
将不同的政府权力混合在同一个人手中是否不恰当且不安全？
Congress, a single body of men, are the sole depositary of all the federal powers.
国会是一个单一的机构，是所有联邦权力的唯一保管人。
Is it particularly dangerous to give the keys of the treasury, and the command of the army, into the same hands?
将金库的钥匙和军队的指挥权交到同一个人手中是不是特别危险？
The Confederation places them both in the hands of Congress.
联邦将它们都交给国会处理。
Is a bill of rights essential to liberty?
权利法案对于自由来说是必不可少的吗？
The Confederation has no bill of rights.
联邦没有权利法案。
Is it an objection against the new Constitution, that it empowers the Senate, with the concurrence of the Executive, to make treaties which are to be the laws of the land?
新宪法授权参议院在行政长官同意的情况下制定条约作为国家法律，这是否是对新宪法的反对？
The existing Congress, without any such control, can make treaties which they themselves have declared, and most of the States have recognized, to be the supreme law of the land.
现有的国会没有任何此类控制权，可以制定他们自己宣布的条约，并且大多数州都承认这些条约是该国的最高法律。
Is the importation of slaves permitted by the new Constitution for twenty years?
新宪法是否允许进口奴隶二十年？
By the old it is permitted forever.
对于老年人来说，它是永远被允许的。
I shall be told, that however dangerous this mixture of powers may be in theory, it is rendered harmless by the dependence of Congress on the State for the means of carrying them into practice; that however large the mass of powers may be, it is in fact a lifeless mass.
我会被告知，无论这种权力混合在理论上有多么危险，由于国会在实践中依靠国家来实施这些权力，因此它是无害的。无论权力的群体有多大，它实际上都是一个没有生命的群体。
Then, say I, in the first place, that the Confederation is chargeable with the still greater folly of declaring certain powers in the federal government to be absolutely necessary, and at the same time rendering them absolutely nugatory; and, in the next place, that if the Union is to continue, and no better government be substituted, effective powers must either be granted to, or assumed by, the existing Congress; in either of which events, the contrast just stated will hold good.
那么，我首先要说的是，联邦应该承担更大的愚蠢，因为它宣布联邦政府的某些权力是绝对必要的，同时却又使它们变得毫无用处。其次，如果联邦要继续存在，并且没有更好的政府被取代，则必须向现有国会授予有效权力，或由现有国会承担有效权力；在这两种情况下，刚才所说的对比都将保持良好。
But this is not all.
但这还不是全部。
Out of this lifeless mass has already grown an excrescent power, which tends to realize all the dangers that can be apprehended from a defective construction of the supreme government of the Union.
从这群死气沉沉的群众中已经产生了一种异常的力量，这种力量往往会意识到联邦最高政府建设的缺陷可能带来的所有危险。
It is now no longer a point of speculation and hope, that the Western territory is a mine of vast wealth to the United States; and although it is not of such a nature as to extricate them from their present distresses, or for some time to come, to yield any regular supplies for the public expenses, yet must it hereafter be able, under proper management, both to effect a gradual discharge of the domestic debt, and to furnish, for a certain period, liberal tributes to the federal treasury.
现在，西方领土对美国来说是一个蕴藏着巨大财富的矿井，这已不再是一个猜测和希望；而是一个事实。虽然它的性质不能使他们摆脱目前的困境，或在未来一段时间内为公共开支提供任何定期供应，但此后必须能够在适当的管理下，逐步偿还国内债务，并在一定时期内向联邦财政部提供慷慨的贡赋。
A very large proportion of this fund has been already surrendered by individual States; and it may with reason be expected that the remaining States will not persist in withholding similar proofs of their equity and generosity.
个别国家已经交出了该基金的很大一部分；可以合理地预期，其余国家不会坚持提供类似的证明其公平和慷慨的证据。
We may calculate, therefore, that a rich and fertile country, of an area equal to the inhabited extent of the United States, will soon become a national stock.
因此，我们可以计算出，一个富裕、肥沃、面积相当于美国人口的国家，很快就会成为国家储备。
Congress have assumed the administration of this stock.
国会已接管该股票的管理权。
They have begun to render it productive.
他们已经开始使其富有成效。
Congress have undertaken to do more: they have proceeded to form new States, to erect temporary governments, to appoint officers for them, and to prescribe the conditions on which such States shall be admitted into the Confederacy.
国会承诺要做更多的事情：他们已经开始组建新的州，建立临时政府，为它们任命官员，并规定这些州加入联邦的条件。
All this has been done; and done without the least color of constitutional authority.
这一切都已经完成了；而且没有丝毫宪法权威的色彩。
Yet no blame has been whispered; no alarm has been sounded.
然而，并没有人低声指责；没有响起警报。
A GREAT and INDEPENDENT fund of revenue is passing into the hands of a SINGLE BODY of men, who can RAISE TROOPS to an INDEFINITE NUMBER, and appropriate money to their support for an INDEFINITE PERIOD OF TIME.
一笔巨大而独立的收入基金正在转移到一个单一团体的手中，他们可以将军队增加到无限数量，并为他们提供无限期的资金支持。
And yet there are men, who have not only been silent spectators of this prospect, but who are advocates for the system which exhibits it; and, at the same time, urge against the new system the objections which we have heard.
然而，有些人不仅是这一前景的沉默旁观者，而且是展现这一前景的制度的倡导者。同时，强烈反对我们所听到的新制度的反对意见。
Would they not act with more consistency, in urging the establishment of the latter, as no less necessary to guard the Union against the future powers and resources of a body constructed like the existing Congress, than to save it from the dangers threatened by the present impotency of that Assembly?
他们在敦促建立后者时是否会采取更加一致的行动，因为这不仅是为了保护联邦免受像现有国会这样的机构未来的权力和资源的影响，也是为了使联邦免受议会目前无能为力所威胁的危险？
I mean not, by any thing here said, to throw censure on the measures which have been pursued by Congress.
我在这里所说的任何事情都不是为了谴责国会所采取的措施。
I am sensible they could not have done otherwise.
我很明智，他们不可能不这样做。
The public interest, the necessity of the case, imposed upon them the task of overleaping their constitutional limits.
公共利益、案件的必要性，赋予他们超越宪法界限的任务。
But is not the fact an alarming proof of the danger resulting from a government which does not possess regular powers commensurate to its objects?
但这一事实难道不是一个令人震惊的证据，证明了一个不拥有与其目标相称的常规权力的政府所造成的危险吗？
A dissolution or usurpation is the dreadful dilemma to which it is continually exposed.
解散或篡夺是它不断面临的可怕困境。
PUBLIUS
普布利乌斯
FEDERALIST No. 39
联邦党人文集第39期
The Conformity of the Plan to Republican Principles
该计划符合共和党原则
For the Independent Journal.
对于独立杂志。
Wednesday, January 16, 1788
1788 年 1 月 16 日，星期三
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE last paper having concluded the observations which were meant to introduce a candid survey of the plan of government reported by the convention, we now proceed to the execution of that part of our undertaking.
上一篇论文总结了旨在对大会报告的政府计划进行坦诚调查的意见，现在我们开始执行我们的那部分工作。
The first question that offers itself is, whether the general form and aspect of the government be strictly republican.
提出的第一个问题是，政府的总体形式和方面是否是严格的共和制。
It is evident that no other form would be reconcilable with the genius of the people of America; with the fundamental principles of the Revolution; or with that honorable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government.
显然，没有其他形式可以与美国人民的天才相协调。符合革命的基本原则；或者怀着激励每一位自由拥护者的光荣决心，将我们所有的政治实验都建立在人类自治的能力之上。
If the plan of the convention, therefore, be found to depart from the republican character, its advocates must abandon it as no longer defensible.
因此，如果大会的计划被发现背离了共和主义的性质，那么它的拥护者就必须放弃它，因为它不再站得住脚。
What, then, are the distinctive characters of the republican form?
那么，共和政体的显着特征是什么？
Were an answer to this question to be sought, not by recurring to principles, but in the application of the term by political writers, to the constitution of different States, no satisfactory one would ever be found.
如果不是通过重复原则，而是通过政治作家将该术语应用于不同州的宪法来寻求这个问题的答案，那么永远不会找到令人满意的答案。
Holland, in which no particle of the supreme authority is derived from the people, has passed almost universally under the denomination of a republic.
荷兰的最高权力没有一丝一毫来自于人民，因此几乎普遍属于共和政体。
The same title has been bestowed on Venice, where absolute power over the great body of the people is exercised, in the most absolute manner, by a small body of hereditary nobles.
威尼斯也被赋予了同样的称号，在那里，一小群世袭贵族以最绝对的方式对广大人民行使绝对权力。
Poland, which is a mixture of aristocracy and of monarchy in their worst forms, has been dignified with the same appellation.
波兰是贵族政体和最恶劣形式的君主政体的混合体，也一直享有同样的称号。
The government of England, which has one republican branch only, combined with an hereditary aristocracy and monarchy, has, with equal impropriety, been frequently placed on the list of republics.
英国政府只有一个共和分支，同时还实行世袭贵族和君主制，因此经常被列入共和政体名单，这同样是不恰当的。
These examples, which are nearly as dissimilar to each other as to a genuine republic, show the extreme inaccuracy with which the term has been used in political disquisitions.
这些例子彼此之间几乎就像真正的共和国一样不同，表明了政治论文中使用这个词的极端不准确。
If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
如果我们诉诸建立不同形式政府所依据的不同原则作为标准，我们就可以将共和国定义为，或者至少可以赋予这个名称，这样的政府，其所有权力直接或间接地来自广大人民，并由在愉快、有限的时期或良好行为期间担任公职的人管理。
It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans, and claim for their government the honorable title of republic.
对于这样一个政府来说，至关重要的是，它来自社会的广大群体，而不是来自社会中微不足道的部分或受青睐的阶级；否则，一小撮残暴的贵族，通过授权进行压迫，可能会渴望成为共和主义者，并要求他们的政府获得共和国的光荣称号。
It is SUFFICIENT for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified; otherwise every government in the United States, as well as every other popular government that has been or can be well organized or well executed, would be degraded from the republican character.
对于这样一个政府来说，管理它的人由人民直接或间接任命就足够了；他们按照刚刚指定的任一任期担任任命；否则，美国的每一个政府，以及所有其他已经或能够良好组织或良好执行的人民政府，都将失去共和性质。
According to the constitution of every State in the Union, some or other of the officers of government are appointed indirectly only by the people.
根据联邦各州的宪法，某些或其他政府官员仅由人民间接任命。
According to most of them, the chief magistrate himself is so appointed.
据他们中的大多数人说，首席法官本人就是这样任命的。
And according to one, this mode of appointment is extended to one of the co-ordinate branches of the legislature.
据一位人士透露，这种任命模式已扩展到立法机关的一个并列部门。
According to all the constitutions, also, the tenure of the highest offices is extended to a definite period, and in many instances, both within the legislative and executive departments, to a period of years.
此外，根据所有宪法，最高职位的任期延长至一定期限，在许多情况下，立法和行政部门的最高职位任期延长至数年。
According to the provisions of most of the constitutions, again, as well as according to the most respectable and received opinions on the subject, the members of the judiciary department are to retain their offices by the firm tenure of good behavior.
再次，根据大多数宪法的规定，以及根据有关该主题的最受尊敬和最受接受的意见，司法部门的成员应通过坚定的良好行为来保留其职位。
On comparing the Constitution planned by the convention with the standard here fixed, we perceive at once that it is, in the most rigid sense, conformable to it.
在将大会制定的宪法与这里确定的标准进行比较时，我们立即意识到，从最严格的意义上讲，它是与大会所制定的宪法相一致的。
The House of Representatives, like that of one branch at least of all the State legislatures, is elected immediately by the great body of the people.
众议院，至少与所有州立法机构的一个分支一样，由广大人民立即选举产生。
The Senate, like the present Congress, and the Senate of Maryland, derives its appointment indirectly from the people.
与现任国会和马里兰州参议院一样，参议院的任命也间接来自于人民。
The President is indirectly derived from the choice of the people, according to the example in most of the States.
根据大多数州的例子，总统间接来自人民的选择。
Even the judges, with all other officers of the Union, will, as in the several States, be the choice, though a remote choice, of the people themselves, the duration of the appointments is equally conformable to the republican standard, and to the model of State constitutions The House of Representatives is periodically elective, as in all the States; and for the period of two years, as in the State of South Carolina.
即使是法官，以及联邦的所有其他官员，也将像在几个州一样，由人民自己选择，尽管是遥远的选择，任命的期限同样符合共和标准，并符合州宪法的模式。众议院是定期选举产生的，就像在所有州一样；为期两年，如南卡罗来纳州。
The Senate is elective, for the period of six years; which is but one year more than the period of the Senate of Maryland, and but two more than that of the Senates of New York and Virginia.
参议院由选举产生，任期六年；这仅比马里兰州参议院的任期多一年，也比纽约州和弗吉尼亚州参议院的任期多两年。
The President is to continue in office for the period of four years; as in New York and Delaware, the chief magistrate is elected for three years, and in South Carolina for two years.
总统任期四年；与纽约和特拉华州一样，首席法官的任期为三年，南卡罗来纳州的首席法官任期为两年。
In the other States the election is annual.
在其他州，选举每年举行一次。
In several of the States, however, no constitutional provision is made for the impeachment of the chief magistrate.
然而，在一些州，宪法中没有规定弹劾首席法官。
And in Delaware and Virginia he is not impeachable till out of office.
在特拉华州和弗吉尼亚州，他在下台之前不能被弹劾。
The President of the United States is impeachable at any time during his continuance in office.
美国总统在任期内随时可以弹劾。
The tenure by which the judges are to hold their places, is, as it unquestionably ought to be, that of good behavior.
毫无疑问，法官的任职期限应该是良好行为的。
The tenure of the ministerial offices generally, will be a subject of legal regulation, conformably to the reason of the case and the example of the State constitutions.
一般来说，部长职位的任期将受到法律规定，符合案件的原因和州宪法的范例。
Could any further proof be required of the republican complexion of this system, the most decisive one might be found in its absolute prohibition of titles of nobility, both under the federal and the State governments; and in its express guaranty of the republican form to each of the latter.
如果需要任何进一步的证据来证明这一制度的共和性质，那么最具决定性的证据可能是联邦和州政府对贵族头衔的绝对禁止；以及对后者的共和形式的明确保证。
"But it was not sufficient," say the adversaries of the proposed Constitution, "for the convention to adhere to the republican form.
拟议宪法的反对者说：“但这还不足以让制宪会议坚持共和形式。
They ought, with equal care, to have preserved the FEDERAL form, which regards the Union as a CONFEDERACY of sovereign states; instead of which, they have framed a NATIONAL government, which regards the Union as a CONSOLIDATION of the States." And it is asked by what authority this bold and radical innovation was undertaken?
他们应该同样谨慎地保留联邦形式，将联邦视为主权国家的邦联；相反，他们组建了一个国家政府，将联邦视为各州的巩固。”有人问，这个大胆而激进的创新是由哪个权威机构进行的？
The handle which has been made of this objection requires that it should be examined with some precision.
针对这一反对意见提出的手柄要求对其进行一定程度的精确检查。
Without inquiring into the accuracy of the distinction on which the objection is founded, it will be necessary to a just estimate of its force, first, to ascertain the real character of the government in question; secondly, to inquire how far the convention were authorized to propose such a government; and thirdly, how far the duty they owed to their country could supply any defect of regular authority.
在不探究反对意见所依据的区别的准确性的情况下，有必要对其力量进行公正的估计，首先，确定有关政府的真实性质；其次，询问国民公会在多大程度上有权提议组建这样一个政府；第三，他们对国家所负的责任在多大程度上可以弥补常规权力的缺陷。
First.
第一的。
In order to ascertain the real character of the government, it may be considered in relation to the foundation on which it is to be established; to the sources from which its ordinary powers are to be drawn; to the operation of those powers; to the extent of them; and to the authority by which future changes in the government are to be introduced.
为了确定政府的真实性质，可以考虑其建立的基础；其普通权力的来源；这些权力的运作；在他们的范围内；以及未来对政府进行变革的权力机构。
On examining the first relation, it appears, on one hand, that the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong.
审视第一种关系，一方面，宪法应建立在美国人民的同意和批准之上，并由为特殊目的选出的代表所给予；但另一方面，这种同意和批准是由人民而不是作为组成整个国家的个人，而是作为组成他们各自所属的独特和独立国家的人民来给予的。
It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves.
它是几个州的同意和批准，来自每个州的最高权力，即人民自己的权力。
The act, therefore, establishing the Constitution, will not be a NATIONAL, but a FEDERAL act.
因此，制定宪法的法案将不是国家法案，而是联邦法案。
That it will be a federal and not a national act, as these terms are understood by the objectors; the act of the people, as forming so many independent States, not as forming one aggregate nation, is obvious from this single consideration, that it is to result neither from the decision of a MAJORITY of the people of the Union, nor from that of a MAJORITY of the States.
正如反对者所理解的那样，这将是一项联邦法案，而不是一项国家法案；从这一单一考虑来看，人民的行为，形成如此多的独立国家，而不是形成一个总体国家，是显而易见的，即它既不是来自联邦多数人民的决定，也不是来自大多数州的决定。
It must result from the UNANIMOUS assent of the several States that are parties to it, differing no otherwise from their ordinary assent than in its being expressed, not by the legislative authority, but by that of the people themselves.
它必须得到作为其缔约国的几个国家的一致同意，这与它们的普通同意没有什么不同，只是它不是由立法机构而是由人民自己表达的。
Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States would bind the minority, in the same manner as the majority in each State must bind the minority; and the will of the majority must be determined either by a comparison of the individual votes, or by considering the will of the majority of the States as evidence of the will of a majority of the people of the United States.
如果在这一交易中，人民被视为组成一个国家，那么美国全体人民中的大多数人的意志就会约束少数人，就像每个州的多数人必须约束少数人一样；多数人的意愿必须通过个人选票的比较来确定，或者将大多数州的意愿视为美国大多数人民意愿的证据。
Neither of these rules have been adopted.
这些规则都没有被采纳。
Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.
每个州在批准宪法时都被视为一个主权机构，独立于所有其他州，并且仅受其自己的自愿行为的约束。
In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
因此，在这种关系中，新宪法一旦成立，将是联邦宪法，而不是国家宪法。
The next relation is, to the sources from which the ordinary powers of government are to be derived.
下一个关系是政府普通权力的来源。
The House of Representatives will derive its powers from the people of America; and the people will be represented in the same proportion, and on the same principle, as they are in the legislature of a particular State.
众议院的权力将来自美国人民；人民的代表比例和原则与特定州立法机构中的代表人数相同。
So far the government is NATIONAL, not FEDERAL.
到目前为止，政府是国家政府，而不是联邦政府。
The Senate, on the other hand, will derive its powers from the States, as political and coequal societies; and these will be represented on the principle of equality in the Senate, as they now are in the existing Congress.
另一方面，参议院的权力来自各州，作为政治和平等的社会；这些人将按照平等原则在参议院中拥有代表权，就像他们现在在现有国会中一样。
So far the government is FEDERAL, not NATIONAL.
到目前为止，政府是联邦政府，而不是国家政府。
The executive power will be derived from a very compound source.
行政权力将来自一个非常复杂的来源。
The immediate election of the President is to be made by the States in their political characters.
总统的立即选举将由各州根据其政治特点进行选举。
The votes allotted to them are in a compound ratio, which considers them partly as distinct and coequal societies, partly as unequal members of the same society.
分配给他们的选票采用复合比例，这将他们部分视为不同且平等的社会，部分视为同一社会的不平等成员。
The eventual election, again, is to be made by that branch of the legislature which consists of the national representatives; but in this particular act they are to be thrown into the form of individual delegations, from so many distinct and coequal bodies politic.
最终的选举仍将由由全国代表组成的立法机构分支进行。但在这一特殊行动中，他们将以来自众多不同且平等的政治机构的单独代表团的形式出现。
From this aspect of the government it appears to be of a mixed character, presenting at least as many FEDERAL as NATIONAL features.
从政府的这个方面来看，它似乎具有混合特征，至少呈现出与国家特征一样多的联邦特征。
The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the nation, in their individual capacities.
联邦政府和中央政府在政府运作方面的区别应该在于，前者的权力以组成邦联的政治机构的政治能力运作；后者则以政治能力对组成邦联的政治机构行使权力。后者是关于组成国家的公民个人，以他们的个人身份。
On trying the Constitution by this criterion, it falls under the NATIONAL, not the FEDERAL character; though perhaps not so completely as has been understood.
按照这个标准来检验宪法，它属于国家性质，而不是联邦性质；尽管也许并不像人们所理解的那么完全。
In several cases, and particularly in the trial of controversies to which States may be parties, they must be viewed and proceeded against in their collective and political capacities only.
在一些案件中，特别是在审理国家可能参与的争议时，必须仅以其集体和政治能力来看待和处理这些争议。
So far the national countenance of the government on this side seems to be disfigured by a few federal features.
到目前为止，这方面政府的国民形象似乎被一些联邦特征所破坏。
But this blemish is perhaps unavoidable in any plan; and the operation of the government on the people, in their individual capacities, in its ordinary and most essential proceedings, may, on the whole, designate it, in this relation, a NATIONAL government.
但这个缺陷也许是任何计划都无法避免的。政府对人民的运作，以个人能力，在其普通和最基本的程序中，总体上可以指定它在这种关系中是一个国家政府。
But if the government be national with regard to the OPERATION of its powers, it changes its aspect again when we contemplate it in relation to the EXTENT of its powers.
但是，如果政府在其权力的运作方面是全国性的，那么当我们考虑其权力范围时，它的面貌就会再次改变。
The idea of a national government involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things, so far as they are objects of lawful government.
国家政府的理念不仅涉及对个别公民的权威，而且涉及对所有人和事物无限期的至高无上，只要他们是合法政府的对象。
Among a people consolidated into one nation, this supremacy is completely vested in the national legislature.
在人民统一为一个国家的情况下，这种至高无上的权力完全属于国家立法机关。
Among communities united for particular purposes, it is vested partly in the general and partly in the municipal legislatures.
在为特定目的而联合起来的社区中，它部分归属于一般议会，部分归属于市立法机关。
In the former case, all local authorities are subordinate to the supreme; and may be controlled, directed, or abolished by it at pleasure.
在前一种情况下，所有地方当局都服从最高统治者；并且可以随心所欲地被它控制、指导或废除。
In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere.
在后者中，地方或市政当局形成了至高无上的独特和独立的部分，在各自的范围内，不再服从一般当局，就像一般当局在其自己的范围内服从他们一样。
In this relation, then, the proposed government cannot be deemed a NATIONAL one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects.
因此，在这种关系中，拟议的政府不能被视为国家政府；因为其管辖权仅延伸至某些列举的物体，而让几个国家对所有其他物体拥有剩余的、不可侵犯的主权。
It is true that in controversies relating to the boundary between the two jurisdictions, the tribunal which is ultimately to decide, is to be established under the general government.
确实，在有关两个司法管辖区之间边界的争议中，最终裁决的法庭应由联邦政府设立。
But this does not change the principle of the case.
但这并不改变案件的原则。
The decision is to be impartially made, according to the rules of the Constitution; and all the usual and most effectual precautions are taken to secure this impartiality.
该决定应根据宪法规则公正地做出；并采取所有常见和最有效的预防措施来确保这种公正性。
Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the compact; and that it ought to be established under the general rather than under the local governments, or, to speak more properly, that it could be safely established under the first alone, is a position not likely to be combated.
显然，这样的法庭对于防止诉诸武力和解除契约至关重要。而且，它应该建立在总政府之下，而不是在地方政府之下，或者更恰当地说，它可以安全地建立在第一个政府之下，这是一个不太可能受到反对的立场。
If we try the Constitution by its last relation to the authority by which amendments are to be made, we find it neither wholly NATIONAL nor wholly FEDERAL.
如果我们通过宪法与修正案权力机构的最后关系来检验宪法，我们会发现它既不完全是国家的，也不完全是联邦的。
Were it wholly national, the supreme and ultimate authority would reside in the MAJORITY of the people of the Union; and this authority would be competent at all times, like that of a majority of every national society, to alter or abolish its established government.
如果它完全是全国性的，那么最高和最终的权力将属于联邦的大多数人民；这个当局在任何时候都有权像每个国家社会的大多数人一样，改变或废除其既定政府。
Were it wholly federal, on the other hand, the concurrence of each State in the Union would be essential to every alteration that would be binding on all.
另一方面，如果它是完全联邦制的，那么对于对所有州都具有约束力的每一项变更，都必须得到联邦各州的同意。
The mode provided by the plan of the convention is not founded on either of these principles.
大会计划所提供的模式并非建立在这两个原则之上。
In requiring more than a majority, and principles.
本着要求多数、原则的原则。
In requiring more than a majority, and particularly in computing the proportion by STATES, not by CITIZENS, it departs from the NATIONAL and advances towards the FEDERAL character; in rendering the concurrence of less than the whole number of States sufficient, it loses again the FEDERAL and partakes of the NATIONAL character.
在要求超过多数的情况下，特别是在按州而不是公民计算比例时，它背离了国家性质并朝着联邦性质发展；在获得少于全部州数的同意的情况下，它再次失去了联邦性质并具有国家性质。
The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both.
因此，严格来说，拟议的宪法既不是国家宪法，也不是联邦宪法，而是两者的组合。
In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national.
从本质上讲，它是联邦制的，而不是国家制的。就政府普通权力的来源而言，它部分是联邦的，部分是国家的；这些权力的行使是国家性的，而不是联邦性的；再次强调，就其范围而言，它是联邦的，而不是国家的；最后，在提出修正案的权威模式上，它既不是完全联邦的，也不是完全国家的。
PUBLIUS
普布利乌斯
FEDERALIST No. 40
联邦党人文集第 40 号
On the Powers of the Convention to Form a Mixed Government Examined and Sustained For the New York Packet.
纽约议会审查和维持《公约》组建混合政府的权力。
Friday, January 18, 1788.
1788 年 1 月 18 日，星期五。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE SECOND point to be examined is, whether the convention were authorized to frame and propose this mixed Constitution.
第二个问题是，大会是否有权制定和提出这部混合宪法。
The powers of the convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents.
严格来说，大会的权力应该通过对各自选民授予成员的委员会的检查来确定。
As all of these, however, had reference, either to the recommendation from the meeting at Annapolis, in September, 1786, or to that from Congress, in February, 1787, it will be sufficient to recur to these particular acts.
然而，由于所有这些都参考了 1786 年 9 月安纳波利斯会议的建议，或 1787 年 2 月国会的建议，因此重复这些特定法案就足够了。
The act from Annapolis recommends the "appointment of commissioners to take into consideration the situation of the United States; to devise SUCH FURTHER PROVISIONS as shall appear to them necessary to render the Constitution of the federal government ADEQUATE TO THE EXIGENCIES OF THE UNION; and to report such an act for that purpose, to the United States in Congress assembled, as when agreed to by them, and afterwards confirmed by the legislature of every State, will effectually provide for the same."
安纳波利斯法案建议“任命专员考虑美国的情况；制定他们认为必要的进一步规定，使联邦政府的宪法足以满足联邦的紧急情况；并为此目的向美国国会报告此类行为，经他们同意并随后经各州立法机关确认后，将有效规定一样。”
The recommendatory act of Congress is in the words following: "WHEREAS, There is provision in the articles of Confederation and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced, that there are defects in the present Confederation; as a mean to remedy which, several of the States, and PARTICULARLY THE STATE OF NEW YORK, by express instructions to their delegates in Congress, have suggested a convention for the purposes expressed in the following resolution; and such convention appearing to be the most probable mean of establishing in these States A FIRM NATIONAL GOVERNMENT:
国会的建议法案如下：“鉴于，联邦和永久联邦的条款中有规定，经合众国国会和几个州的立法机关同意可以对其进行修改；而经验表明，目前的联邦存在缺陷；作为补救的手段，几个州，特别是纽约州，通过向国会代表发出明确指示，建议制定一项公约，以实现以下决议中所述的目的；并且该公约似乎是在这些州建立坚定的国家政府的最可能的方式：
"Resolved, That in the opinion of Congress it is expedient, that on the second Monday of May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose OF REVISING THE ARTICLES OF CONFEDERATION, and reporting to Congress and the several legislatures such ALTERATIONS AND PROVISIONS THEREIN, as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution ADEQUATE TO THE EXIGENCIES OF GOVERNMENT AND THE PRESERVATION OF THE UNION."
“决议，国会认为，下一次五月第二个星期一在费城举行由各州任命的代表大会是有利的，其唯一和明确的目的是修改联邦条款，并向国会和几个立法机关报告其中的此类修改和规定，经国会同意并经各州确认后，使联邦宪法足以政府的紧迫性和联盟的保护。”
From these two acts, it appears, 1st, that the object of the convention was to establish, in these States, A FIRM NATIONAL GOVERNMENT; 2d, that this government was to be such as would be ADEQUATE TO THE EXIGENCIES OF GOVERNMENT and THE PRESERVATION OF THE UNION; 3d, that these purposes were to be effected by ALTERATIONS AND PROVISIONS IN THE ARTICLES OF CONFEDERATION, as it is expressed in the act of Congress, or by SUCH FURTHER PROVISIONS AS SHOULD APPEAR NECESSARY, as it stands in the recommendatory act from Annapolis; 4th, that the alterations and provisions were to be reported to Congress, and to the States, in order to be agreed to by the former and confirmed by the latter.
从这两项法案看来，第一，该公约的目的是在这些州建立一个坚定的国家政府； 2d，本届政府应足以应对政府的紧急情况并维护联邦； 3d，这些目的将通过联邦条款中的修改和规定（如国会法案中所表达的那样）或通过必要的进一步规定（如安纳波利斯的建议法案中所规定的那样）来实现；第四，修改和规定应向国会和各州报告，以获得前者的同意并得到后者的确认。
From a comparison and fair construction of these several modes of expression, is to be deduced the authority under which the convention acted.
通过对这几种表达方式的比较和公正的解释，可以推断出公约所依据的权威。
They were to frame a NATIONAL GOVERNMENT, adequate to the EXIGENCIES OF GOVERNMENT, and OF THE UNION; and to reduce the articles of Confederation into such form as to accomplish these purposes.
他们将组建一个足以满足政府和联邦紧急情况的国家政府；并将联邦条款简化为实现这些目的的形式。
There are two rules of construction, dictated by plain reason, as well as founded on legal axioms.
有两条构造规则，由简单的理由决定，并建立在法律公理的基础上。
The one is, that every part of the expression ought, if possible, to be allowed some meaning, and be made to conspire to some common end.
其一是，如果可能的话，表达的每个部分都应该被赋予一定的意义，并共同达到某种共同的目的。
The other is, that where the several parts cannot be made to coincide, the less important should give way to the more important part; the means should be sacrificed to the end, rather than the end to the means.
二是当几个部分不能重合时，应让较不重要的部分让位于较重要的部分；应该为了目的而牺牲手段，而不是为了手段而牺牲目的。
Suppose, then, that the expressions defining the authority of the convention were irreconcilably at variance with each other; that a NATIONAL and ADEQUATE GOVERNMENT could not possibly, in the judgment of the convention, be affected by ALTERATIONS and PROVISIONS in the ARTICLES OF CONFEDERATION; which part of the definition ought to have been embraced, and which rejected?
那么，假设定义公约权威的表述彼此之间存在不可调和的分歧；根据制宪会议的判断，一个国家和适当的政府不可能受到邦联条款的修改和规定的影响；定义的哪一部分应该被接受，哪一部分应该被拒绝？
Which was the more important, which the less important part?
哪个部分更重要，哪个部分不那么重要？
Which the end; which the means?
哪个结束；有哪些手段？
Let the most scrupulous expositors of delegated powers; let the most inveterate objectors against those exercised by the convention, answer these questions.
让最谨慎的解释者来解释授权；让最顽固地反对《公约》所行使的权利的人来回答这些问题。
Let them declare, whether it was of most importance to the happiness of the people of America, that the articles of Confederation should be disregarded, and an adequate government be provided, and the Union preserved; or that an adequate government should be omitted, and the articles of Confederation preserved.
让他们宣布，无论对美国人民的幸福是否最重要，邦联的条款都应该被忽视，建立一个适当的政府，并保留联邦；或者应该省略适当的政府，而保留邦联条款。
Let them declare, whether the preservation of these articles was the end, for securing which a reform of the government was to be introduced as the means; or whether the establishment of a government, adequate to the national happiness, was the end at which these articles themselves originally aimed, and to which they ought, as insufficient means, to have been sacrificed.
让他们宣布，保留这些条款是否是目的，是否应以政府改革作为手段来确保这一目的；或者说，建立一个足以实现国民幸福的政府是否是这些条款本身最初的目的，而它们作为手段还不够充分，应该为此而牺牲。
But is it necessary to suppose that these expressions are absolutely irreconcilable to each other; that no ALTERATIONS or PROVISIONS in the articles of the confederation could possibly mould them into a national and adequate government; into such a government as has been proposed by the convention?
但是否有必要假设这些表述是绝对不可调和的？联邦章程中的任何修改或规定都不可能将其塑造成一个全国性的、充分的政府；组建一个公约所提议的政府？
No stress, it is presumed, will, in this case, be laid on the TITLE; a change of that could never be deemed an exercise of ungranted power.
在这种情况下，假定不会对标题施加任何压力；对此的改变绝不能被视为行使未授予的权力。
ALTERATIONS in the body of the instrument are expressly authorized.
明确授权对仪器主体进行改动。
NEW PROVISIONS therein are also expressly authorized.
其中的新规定也得到明确授权。
Here then is a power to change the title; to insert new articles; to alter old ones.
这是更改标题的权力；插入新文章；去改变旧的。
Must it of necessity be admitted that this power is infringed, so long as a part of the old articles remain?
只要旧条款的一部分仍然存在，就必须承认这种权力受到侵犯吗？
Those who maintain the affirmative ought at least to mark the boundary between authorized and usurped innovations; between that degree of change which lies within the compass of ALTERATIONS AND FURTHER PROVISIONS, and that which amounts to a TRANSMUTATION of the government.
持肯定态度的人至少应该在授权创新和篡夺创新之间划清界限；介于变更和进一步规定范围内的变化与相当于政府变革的变化之间。
Will it be said that the alterations ought not to have touched the substance of the Confederation?
是否会说这些修改不应触及联邦的实质？
The States would never have appointed a convention with so much solemnity, nor described its objects with so much latitude, if some SUBSTANTIAL reform had not been in contemplation.
如果没有考虑进行一些实质性改革，各国永远不会如此庄严地任命一个公约，也不会以如此大的自由度描述其目标。
Will it be said that the FUNDAMENTAL PRINCIPLES of the Confederation were not within the purview of the convention, and ought not to have been varied?
是否会说联邦的基本原则不在公约的范围之内，并且不应该被改变？
I ask, What are these principles?
我问，这些原则是什么？
Do they require that, in the establishment of the Constitution, the States should be regarded as distinct and independent sovereigns?
他们是否要求在制定宪法时将各州视为独特且独立的主权国家？
They are so regarded by the Constitution proposed.
拟议的宪法如此重视他们。
Do they require that the members of the government should derive their appointment from the legislatures, not from the people of the States?
他们是否要求政府成员的任命应来自立法机关，而不是来自各州人民？
One branch of the new government is to be appointed by these legislatures; and under the Confederation, the delegates to Congress MAY ALL be appointed immediately by the people, and in two States(1) are actually so appointed.
新政府的一个分支将由这些立法机构任命；在联邦制下，国会代表都可以立即由人民任命，并且在两个州（1）实际上是这样任命的。
Do they require that the powers of the government should act on the States, and not immediately on individuals?
它们是否要求政府的权力应该作用于各州，而不是立即作用于个人？
In some instances, as has been shown, the powers of the new government will act on the States in their collective characters.
在某些情况下，正如已经表明的那样，新政府的权力将以集体的方式作用于各州。
In some instances, also, those of the existing government act immediately on individuals.
在某些情况下，现任政府也会立即对个人采取行动。
In cases of capture; of piracy; of the post office; of coins, weights, and measures; of trade with the Indians; of claims under grants of land by different States; and, above all, in the case of trials by courts-marshal in the army and navy, by which death may be inflicted without the intervention of a jury, or even of a civil magistrate; in all these cases the powers of the Confederation operate immediately on the persons and interests of individual citizens.
在被捕获的情况下；盗版；邮局；硬币、重量和尺寸；与印第安人的贸易；不同国家授予土地的索赔权；最重要的是，在陆军和海军元帅审判的情况下，可以在没有陪审团甚至民事治安法官干预的情况下判处死刑；在所有这些情况下，联邦的权力直接影响公民个人的人身和利益。
Do these fundamental principles require, particularly, that no tax should be levied without the intermediate agency of the States?
这些基本原则是否特别要求在没有国家中间机构的情况下不应征税？
The Confederation itself authorizes a direct tax, to a certain extent, on the post office.
联邦本身在一定程度上授权对邮局征收直接税。
The power of coinage has been so construed by Congress as to levy a tribute immediately from that source also.
国会对铸币权的解释是，可以立即从该来源征收贡税。
But pretermitting these instances, was it not an acknowledged object of the convention and the universal expectation of the people, that the regulation of trade should be submitted to the general government in such a form as would render it an immediate source of general revenue?
但是，抛开这些情况不谈，贸易监管应以使其成为一般收入的直接来源的形式提交给联邦政府，这难道不是公约的公认目标和人民的普遍期望吗？
Had not Congress repeatedly recommended this measure as not inconsistent with the fundamental principles of the Confederation?
国会不是一再建议这项措施不符合联邦的基本原则吗？
Had not every State but one; had not New York herself, so far complied with the plan of Congress as to recognize the PRINCIPLE of the innovation?
不是每个州都有，只有一个；难道纽约本身没有遵守国会的计划，承认创新的原则吗？
Do these principles, in fine, require that the powers of the general government should be limited, and that, beyond this limit, the States should be left in possession of their sovereignty and independence?
总而言之，这些原则是否要求联邦政府的权力受到限制，并且在这一限制之外，各州仍应拥有主权和独立？
We have seen that in the new government, as in the old, the general powers are limited; and that the States, in all unenumerated cases, are left in the enjoyment of their sovereign and independent jurisdiction.
我们已经看到，新政府和旧政府一样，一般权力都是有限的；在所有未列举的情况下，各州均享有其主权和独立的管辖权。
The truth is, that the great principles of the Constitution proposed by the convention may be considered less as absolutely new, than as the expansion of principles which are found in the articles of Confederation.
事实是，大会提出的宪法伟大原则与其说是绝对新的，不如说是对联邦条款中原则的扩展。
The misfortune under the latter system has been, that these principles are so feeble and confined as to justify all the charges of inefficiency which have been urged against it, and to require a degree of enlargement which gives to the new system the aspect of an entire transformation of the old.
后一种制度的不幸在于，这些原则是如此软弱和有限，以至于证明了所有针对它的低效率的指控都是合理的，并且需要一定程度的扩大，使新制度具有对旧制度的全面改造的一面。
In one particular it is admitted that the convention have departed from the tenor of their commission.
特别是，我们承认大会偏离了他们的委托宗旨。
Instead of reporting a plan requiring the confirmation OF THE LEGISLATURES OF ALL THE STATES, they have reported a plan which is to be confirmed by the PEOPLE, and may be carried into effect by NINE STATES ONLY.
他们没有报告需要所有州立法机构确认的计划，而是报告了一项需要人民确认的计划，并且只能由九个州实施。
It is worthy of remark that this objection, though the most plausible, has been the least urged in the publications which have swarmed against the convention.
值得注意的是，这种反对意见虽然最有道理，但却是在蜂拥反对该公约的出版物中最少提出的。
The forbearance can only have proceeded from an irresistible conviction of the absurdity of subjecting the fate of twelve States to the perverseness or corruption of a thirteenth; from the example of inflexible opposition given by a MAJORITY of one sixtieth of the people of America to a measure approved and called for by the voice of twelve States, comprising fifty-nine sixtieths of the people an example still fresh in the memory and indignation of every citizen who has felt for the wounded honor and prosperity of his country.
这种克制只能源于一种不可抗拒的信念，即让十二个国家的命运屈服于第十三个国家的邪恶或腐败是荒谬的。从美国六十分之一的大多数人民顽固反对由五十九个六十分之一的美国人组成的十二个州的声音批准和呼吁的一项措施的例子来看，这个例子对于每一个为自己国家的荣誉和繁荣受到伤害的公民来说仍然记忆犹新，并且义愤填膺。
As this objection, therefore, has been in a manner waived by those who have criticised the powers of the convention, I dismiss it without further observation.
因此，由于批评大会权力的人在某种程度上放弃了这一反对意见，因此我不做进一步观察就驳回了这一反对意见。
The THIRD point to be inquired into is, how far considerations of duty arising out of the case itself could have supplied any defect of regular authority.
要探讨的第三点是，案件本身产生的义务考虑在多大程度上可以弥补常规权力的缺陷。
In the preceding inquiries the powers of the convention have been analyzed and tried with the same rigor, and by the same rules, as if they had been real and final powers for the establishment of a Constitution for the United States.
在前面的调查中，我们对制宪会议的权力进行了同样严格的分析和尝试，并按照同样的规则，就好像它们是制定美国宪法的真正的、最终的权力一样。
We have seen in what manner they have borne the trial even on that supposition.
即使在这种假设下，我们也已经看到他们以何种方式承受考验。
It is time now to recollect that the powers were merely advisory and recommendatory; that they were so meant by the States, and so understood by the convention; and that the latter have accordingly planned and proposed a Constitution which is to be of no more consequence than the paper on which it is written, unless it be stamped with the approbation of those to whom it is addressed.
现在是时候记住这些权力仅仅是咨询性和建议性的；各州是这么定义的，公约也是这么理解的；后者据此计划并提出了一部宪法，该宪法的重要性不亚于其所写的纸张，除非它得到了其所针对的人的认可。
This reflection places the subject in a point of view altogether different, and will enable us to judge with propriety of the course taken by the convention.
这种反思将这个主题置于完全不同的角度，并使我们能够正确地判断大会所采取的方针。
Let us view the ground on which the convention stood.
让我们看看这次大会的基础。
It may be collected from their proceedings, that they were deeply and unanimously impressed with the crisis, which had led their country almost with one voice to make so singular and solemn an experiment for correcting the errors of a system by which this crisis had been produced; that they were no less deeply and unanimously convinced that such a reform as they have proposed was absolutely necessary to effect the purposes of their appointment.
从他们的议事过程中可以看出，他们对这场危机有着一致的深刻印象，这场危机几乎导致他们的国家以一种声音做出了如此独特而庄严的实验，以纠正造成这场危机的制度的错误；他们同样深深地一致相信，他们所提议的改革对于实现其任命的目的是绝对必要的。
It could not be unknown to them that the hopes and expectations of the great body of citizens, throughout this great empire, were turned with the keenest anxiety to the event of their deliberations.
他们不可能不知道，整个伟大帝国的广大公民的希望和期望都以最强烈的焦虑转向了他们所审议的事件。
They had every reason to believe that the contrary sentiments agitated the minds and bosoms of every external and internal foe to the liberty and prosperity of the United States.
他们完全有理由相信，相反的情绪激起了美国自由和繁荣的每一个外部和内部敌人的思想和胸怀。
They had seen in the origin and progress of the experiment, the alacrity with which the PROPOSITION, made by a single State (Virginia), towards a partial amendment of the Confederation, had been attended to and promoted.
他们从实验的起源和进展中看到，由一个州（弗吉尼亚州）提出的关于对联邦进行部分修正的提案得到了积极的关注和推动。
They had seen the LIBERTY ASSUMED by a VERY FEW deputies from a VERY FEW States, convened at Annapolis, of recommending a great and critical object, wholly foreign to their commission, not only justified by the public opinion, but actually carried into effect by twelve out of the thirteen States.
他们看到来自极少数州的极少数代表在安纳波利斯召开会议，提出了一个与他们的委员会完全无关的伟大而关键的目标，不仅得到了公众舆论的支持，而且实际上被十三个州中的十二个州实施了。
They had seen, in a variety of instances, assumptions by Congress, not only of recommendatory, but of operative, powers, warranted, in the public estimation, by occasions and objects infinitely less urgent than those by which their conduct was to be governed.
他们在各种情况下都看到了国会的假设，不仅是建议性的，而且是执行性的权力，在公众看来，这些权力的必要性和目的远不如那些要约束他们行为的场合和目的那么紧迫。
They must have reflected, that in all great changes of established governments, forms ought to give way to substance; that a rigid adherence in such cases to the former, would render nominal and nugatory the transcendent and precious right of the people to "abolish or alter their governments as to them shall seem most likely to effect their safety and happiness,"(2) since it is impossible for the people spontaneously and universally to move in concert towards their object; and it is therefore essential that such changes be instituted by some INFORMAL AND UNAUTHORIZED PROPOSITIONS, made by some patriotic and respectable citizen or number of citizens.
他们一定已经反思，在现有政府的所有重大变革中，形式应该让位于实质；在这种情况下，严格遵守前者，将使人民“废除或改变其政府，因为他们似乎最有可能实现他们的安全和幸福”的超然和宝贵权利变得名义上和无效，（2）因为人民不可能自发地普遍一致地朝着他们的目标前进；因此，这种改变必须由一些爱国和受人尊敬的公民或一些公民提出一些非正式和未经授权的提议来实施。
They must have recollected that it was by this irregular and assumed privilege of proposing to the people plans for their safety and happiness, that the States were first united against the danger with which they were threatened by their ancient government; that committees and congresses were formed for concentrating their efforts and defending their rights; and that CONVENTIONS were ELECTED in THE SEVERAL STATES for establishing the constitutions under which they are now governed; nor could it have been forgotten that no little ill-timed scruples, no zeal for adhering to ordinary forms, were anywhere seen, except in those who wished to indulge, under these masks, their secret enmity to the substance contended for.
他们一定记得，正是通过这种不规则的、自以为有的特权，向人民提出保障人民安全和幸福的计划，各州才第一次团结起来，共同抵御古老政府所威胁的危险。成立委员会和代表大会是为了集中力量并捍卫他们的权利；几个州选出了公约来制定现在管辖这些州的宪法；我们也不能忘记，除了那些希望在这些面具下沉溺于对所争夺的实质的秘密敌意的人之外，在任何地方都看不到任何不合时宜的顾虑，也没有热衷于遵循普通形式。
They must have borne in mind, that as the plan to be framed and proposed was to be submitted TO THE PEOPLE THEMSELVES, the disapprobation of this supreme authority would destroy it forever; its approbation blot out antecedent errors and irregularities.
他们必须牢记，由于即将制定和提出的计划是要提交给人民自己的，因此最高权威的反对将永远摧毁它；它的认可消除了先前的错误和违规行为。
It might even have occurred to them, that where a disposition to cavil prevailed, their neglect to execute the degree of power vested in them, and still more their recommendation of any measure whatever, not warranted by their commission, would not less excite animadversion, than a recommendation at once of a measure fully commensurate to the national exigencies.
他们甚至可能想到，在吹毛求疵的倾向盛行的情况下，他们忽视执行赋予他们的权力，而且他们建议任何未经他们的委员会授权的措施，与立即建议完全符合国家紧急情况的措施一样，会引起强烈的反对。
Had the convention, under all these impressions, and in the midst of all these considerations, instead of exercising a manly confidence in their country, by whose confidence they had been so peculiarly distinguished, and of pointing out a system capable, in their judgment, of securing its happiness, taken the cold and sullen resolution of disappointing its ardent hopes, of sacrificing substance to forms, of committing the dearest interests of their country to the uncertainties of delay and the hazard of events, let me ask the man who can raise his mind to one elevated conception, who can awaken in his bosom one patriotic emotion, what judgment ought to have been pronounced by the impartial world, by the friends of mankind, by every virtuous citizen, on the conduct and character of this assembly?
如果国民大会在所有这些印象和所有这些考虑之中，不是对他们的国家表现出男子气概的信心，因为他们的信心使他们如此特别地出类拔萃，也没有指出一个根据他们的判断能够确保其幸福的制度，而是采取冷酷而阴郁的决心，使其热切的希望落空，牺牲实质内容以形式，将他们国家的最切身利益托付给延误的不确定性和事件的危险，让我问这个人谁能提高自己的思想境界，谁能在胸中唤醒一种爱国情感，公正的世界、人类的朋友、每一个有道德的公民应该对本次大会的行为和品格做出怎样的判断呢？
Or if there be a man whose propensity to condemn is susceptible of no control, let me then ask what sentence he has in reserve for the twelve States who USURPED THE POWER of sending deputies to the convention, a body utterly unknown to their constitutions; for Congress, who recommended the appointment of this body, equally unknown to the Confederation; and for the State of New York, in particular, which first urged and then complied with this unauthorized interposition?
或者，如果有一个人的谴责倾向是无法控制的，那么让我问他对那些篡夺了向国民公会派遣代表权力的十二个州保留了什么判决，这个机构完全不了解其宪法；国会建议任命这个机构，而联邦同样不知道；特别是对于纽约州来说，是哪个州首先敦促然后遵守了这种未经授权的干预？
But that the objectors may be disarmed of every pretext, it shall be granted for a moment that the convention were neither authorized by their commission, nor justified by circumstances in proposing a Constitution for their country: does it follow that the Constitution ought, for that reason alone, to be rejected?
但是，为了使反对者不再有任何借口，我们暂时承认，该大会既没有得到他们的委员会的授权，也没有根据具体情况为他们的国家提出宪法：是否因此就应该仅仅因为这个原因就拒绝这部宪法呢？
If, according to the noble precept, it be lawful to accept good advice even from an enemy, shall we set the ignoble example of refusing such advice even when it is offered by our friends?
如果根据崇高的戒律，即使是来自敌人的好建议也是合法的，那么我们是否应该树立一个卑鄙的榜样，即使是我们的朋友提出的建议也拒绝呢？
The prudent inquiry, in all cases, ought surely to be, not so much FROM WHOM the advice comes, as whether the advice be GOOD.
在任何情况下，谨慎的询问肯定不应该是建议来自谁，而是建议是否好。
The sum of what has been here advanced and proved is, that the charge against the convention of exceeding their powers, except in one instance little urged by the objectors, has no foundation to support it; that if they had exceeded their powers, they were not only warranted, but required, as the confidential servants of their country, by the circumstances in which they were placed, to exercise the liberty which they assume; and that finally, if they had violated both their powers and their obligations, in proposing a Constitution, this ought nevertheless to be embraced, if it be calculated to accomplish the views and happiness of the people of America.
这里所提出和证明的总和是，对国民公会超越其权力的指控，除了反对者很少敦促的一个例子之外，是没有根据的。如果他们超越了自己的权力，作为国家的机密公仆，他们不仅有理由而且还需要根据他们所处的环境行使他们所享有的自由；最后，如果他们在提出宪法时违反了他们的权力和义务，但如果它是为了实现美国人民的观点和幸福，那么仍然应该接受。
How far this character is due to the Constitution, is the subject under investigation.
这种性质在多大程度上归因于宪法，是一个正在调查的主题。
PUBLIUS
普布利乌斯
1.
1.
Connecticut and Rhode Island.
康涅狄格州和罗德岛州。
2.
2.
Declaration of Independence.
独立宣言。
FEDERALIST No. 41
联邦党人文集第 41 号
General View of the Powers Conferred by The Constitution
宪法赋予权力的总体看法
For the Independent Journal.
对于独立杂志。
Saturday, January 19, 1788
1788 年 1 月 19 日，星期六
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE Constitution proposed by the convention may be considered under two general points of view.
大会提出的宪法可以在两种一般观点下审议。
The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States.
第一个问题涉及赋予政府的权力的总量或数量，包括对各州施加的限制。
The SECOND, to the particular structure of the government, and the distribution of this power among its several branches.
第二，政府的特殊结构，以及权力在其几个部门之间的分配。
Under the FIRST view of the subject, two important questions arise: 1.
根据该主题的第一种观点，出现了两个重要问题： 1.
Whether any part of the powers transferred to the general government be unnecessary or improper?
转移给广义政府的任何部分权力是否是不必要或不适当的？
2.
2.
Whether the entire mass of them be dangerous to the portion of jurisdiction left in the several States?
它们的整体是否对几个州剩下的管辖权部分构成危险？
Is the aggregate power of the general government greater than ought to have been vested in it?
广义政府的总权力是否大于其应有的权力？
This is the FIRST question.
这是第一个问题。
It cannot have escaped those who have attended with candor to the arguments employed against the extensive powers of the government, that the authors of them have very little considered how far these powers were necessary means of attaining a necessary end.
那些坦率地关注反对政府广泛权力的论点的人不可能逃脱，这些论点的作者很少考虑到这些权力在多大程度上是实现必要目的的必要手段。
They have chosen rather to dwell on the inconveniences which must be unavoidably blended with all political advantages; and on the possible abuses which must be incident to every power or trust, of which a beneficial use can be made.
他们宁愿选择关注那些不可避免地与所有政治优势交织在一起的不便。以及每项权力或信托都可能发生的滥用行为，而这些权力或信托可以对其进行有益的利用。
This method of handling the subject cannot impose on the good sense of the people of America.
这种处理问题的方法无法强加美国人民的良好判断力。
It may display the subtlety of the writer; it may open a boundless field for rhetoric and declamation; it may inflame the passions of the unthinking, and may confirm the prejudices of the misthinking: but cool and candid people will at once reflect, that the purest of human blessings must have a portion of alloy in them; that the choice must always be made, if not of the lesser evil, at least of the GREATER, not the PERFECT, good; and that in every political institution, a power to advance the public happiness involves a discretion which may be misapplied and abused.
可以体现出作者的巧妙之处；它可以为修辞和演讲打开无限的领域；它可能会激起不加思考的人的激情，也可能会证实错误思维的偏见：但冷静而坦率的人会立即反思，人类最纯粹的祝福中必定含有合金的一部分；必须始终做出选择，即使不是较小的恶，至少也是更大的善，而不是完美的善；在每一个政治机构中，促进公众幸福的权力都涉及可能被误用和滥用的自由裁量权。
They will see, therefore, that in all cases where power is to be conferred, the point first to be decided is, whether such a power be necessary to the public good; as the next will be, in case of an affirmative decision, to guard as effectually as possible against a perversion of the power to the public detriment.
因此，他们会看到，在所有授予权力的情况下，首先要决定的一点是，这种权力对于公共利益是否是必要的？如果做出肯定性决定，下一步将是尽可能有效地防止权力被滥用而损害公众利益。
That we may form a correct judgment on this subject, it will be proper to review the several powers conferred on the government of the Union; and that this may be the more conveniently done they may be reduced into different classes as they relate to the following different objects: 1.
为了使我们能够对这个问题做出正确的判断，有必要回顾一下赋予联邦政府的几项权力；并且这可能更方便地完成，它们可以被简化为不同的类，因为它们与以下不同的对象相关：1。
Security against foreign danger; 2.
防范外来危险的安全； 2.
Regulation of the intercourse with foreign nations; 3.
规范与外国交往； 3.
Maintenance of harmony and proper intercourse among the States; 4.
维持各国之间的和谐和适当交往； 4.
Certain miscellaneous objects of general utility; 5.
某些通用的杂项物品； 5.
Restraint of the States from certain injurious acts; 6.
限制国家实施某些伤害性行为； 6.
Provisions for giving due efficacy to all these powers.
赋予所有这些权力应有效力的规定。
The powers falling within the FIRST class are those of declaring war and granting letters of marque; of providing armies and fleets; of regulating and calling forth the militia; of levying and borrowing money.
属于第一级的权力是宣战和授予私掠许可证的权力；提供军队和舰队；管理和召集民兵；征收和借钱。
Security against foreign danger is one of the primitive objects of civil society.
抵御外来危险的安全是公民社会的原始目标之一。
It is an avowed and essential object of the American Union.
这是美国联盟公开宣称的重要目标。
The powers requisite for attaining it must be effectually confided to the federal councils.
实现这一目标所需的权力必须有效地授予联邦委员会。
Is the power of declaring war necessary?
宣战的权力有必要吗？
No man will answer this question in the negative.
没有人会对这个问题给出否定的回答。
It would be superfluous, therefore, to enter into a proof of the affirmative.
因此，进行肯定性的证明是多余的。
The existing Confederation establishes this power in the most ample form.
现有的联邦以最充分的形式建立了这种权力。
Is the power of raising armies and equipping fleets necessary?
征集军队、装备舰队的力量有必要吗？
This is involved in the foregoing power.
这涉及到前述的权力。
It is involved in the power of self-defense.
它涉及自卫的力量。
But was it necessary to give an INDEFINITE POWER of raising TROOPS, as well as providing fleets; and of maintaining both in PEACE, as well as in WAR?
但是是否有必要授予无限期的集结部队和提供舰队的权力？以及在和平和战争中都维持和平吗？
The answer to these questions has been too far anticipated in another place to admit an extensive discussion of them in this place.
这些问题的答案在另一个地方已经得到了太高的预期，因此无法在这个地方对其进行广泛的讨论。
The answer indeed seems to be so obvious and conclusive as scarcely to justify such a discussion in any place.
答案确实似乎如此明显和结论性的，以至于几乎无法证明在任何地方进行这样的讨论是合理的。
With what color of propriety could the force necessary for defense be limited by those who cannot limit the force of offense?
不能限制进攻力量的人，能够限制防御所需的力量，这是什么礼数？
If a federal Constitution could chain the ambition or set bounds to the exertions of all other nations, then indeed might it prudently chain the discretion of its own government, and set bounds to the exertions for its own safety.
如果一部联邦宪法能够限制所有其他国家的雄心或为所有其他国家的努力设定界限，那么它确实可以谨慎地限制本国政府的自由裁量权，并为其自身安全的努力设定界限。
How could a readiness for war in time of peace be safely prohibited, unless we could prohibit, in like manner, the preparations and establishments of every hostile nation?
除非我们能够以同样的方式禁止每一个敌对国家的准备和建立，否则如何能够安全地禁止和平时期的战争准备呢？
The means of security can only be regulated by the means and the danger of attack.
安全手段只能通过攻击的手段和危险来调节。
They will, in fact, be ever determined by these rules, and by no others.
事实上，它们将永远由这些规则决定，而不是由其他规则决定。
It is in vain to oppose constitutional barriers to the impulse of self-preservation.
反对宪法对自我保护冲动的障碍是徒劳的。
It is worse than in vain; because it plants in the Constitution itself necessary usurpations of power, every precedent of which is a germ of unnecessary and multiplied repetitions.
这比徒劳更糟糕；因为它在宪法本身中植入了必要的篡夺权力，而每一个先例都是不必要的、多次重复的萌芽。
If one nation maintains constantly a disciplined army, ready for the service of ambition or revenge, it obliges the most pacific nations who may be within the reach of its enterprises to take corresponding precautions.
如果一个国家始终保持一支纪律严明的军队，随时准备为野心或复仇服务，那么它就有义务在其企业范围内的最和平的国家采取相应的预防措施。
The fifteenth century was the unhappy epoch of military establishments in the time of peace.
十五世纪是和平时期军事建设的不幸时代。
They were introduced by Charles VII.
它们是由查理七世引入的。
of France.
法国的。
All Europe has followed, or been forced into, the example.
整个欧洲都效仿或被迫效仿这一榜样。
Had the example not been followed by other nations, all Europe must long ago have worn the chains of a universal monarch.
如果其他国家没有效仿，整个欧洲一定早就戴着普世君主的锁链了。
Were every nation except France now to disband its peace establishments, the same event might follow.
如果除法国之外的所有国家现在解散其和平机构，同样的事件可能会发生。
The veteran legions of Rome were an overmatch for the undisciplined valor of all other nations and rendered her the mistress of the world.
罗马的老兵军团战胜了所有其他国家的无纪律的英勇，并使她成为世界的女主人。
Not the less true is it, that the liberties of Rome proved the final victim to her military triumphs; and that the liberties of Europe, as far as they ever existed, have, with few exceptions, been the price of her military establishments.
事实证明，罗马的自由最终成为其军事胜利的牺牲品，这也是事实。欧洲的自由，就其存在而言，除了少数例外，都是其军事设施的代价。
A standing force, therefore, is a dangerous, at the same time that it may be a necessary, provision.
因此，常备部队是危险的，但同时也可能是必要的。
On the smallest scale it has its inconveniences.
从最小的规模来看，它也有其不便之处。
On an extensive scale its consequences may be fatal.
从大范围来看，其后果可能是致命的。
On any scale it is an object of laudable circumspection and precaution.
无论如何，它都是值得称赞的谨慎和预防的对象。
A wise nation will combine all these considerations; and, whilst it does not rashly preclude itself from any resource which may become essential to its safety, will exert all its prudence in diminishing both the necessity and the danger of resorting to one which may be inauspicious to its liberties.
一个明智的国家会将所有这些考虑结合起来；而且，虽然它不会鲁莽地排除使用对其安全可能至关重要的任何资源，但会尽其所能地谨慎行事，减少诉诸可能对其自由不利的资源的必要性和危险。
The clearest marks of this prudence are stamped on the proposed Constitution.
这种审慎的最明显标志印在拟议的宪法上。
The Union itself, which it cements and secures, destroys every pretext for a military establishment which could be dangerous.
它所巩固和保护的联邦本身，摧毁了建立可能危险的军事机构的一切借口。
America united, with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.
与只有少数军队或没有任何士兵的美国相比，拥有十万退伍军人准备战斗的分裂的美国，对外国野心表现出更令人生畏的姿态。
It was remarked, on a former occasion, that the want of this pretext had saved the liberties of one nation in Europe.
有人曾说过，由于没有这个借口，欧洲一个国家的自由得以挽救。
Being rendered by her insular situation and her maritime resources impregnable to the armies of her neighbors, the rulers of Great Britain have never been able, by real or artificial dangers, to cheat the public into an extensive peace establishment.
由于其孤立的地理位置和海上资源使其邻国的军队无法攻破，英国的统治者从未能够通过真正的或人为的危险来欺骗公众建立广泛的和平。
The distance of the United States from the powerful nations of the world gives them the same happy security.
美国与世界强国的距离给了它们同样幸福的安全感。
A dangerous establishment can never be necessary or plausible, so long as they continue a united people.
只要他们继续保持团结的人民，危险的机构就永远没有必要或合理。
But let it never, for a moment, be forgotten that they are indebted for this advantage to the Union alone.
但永远不要忘记，他们的这一优势完全归功于联邦。
The moment of its dissolution will be the date of a new order of things.
它解散的那一刻将是新秩序的建立之日。
The fears of the weaker, or the ambition of the stronger States, or Confederacies, will set the same example in the New, as Charles VII.
弱者的恐惧，强国或邦联的野心，将在新时代树立与查理七世相同的榜样。
did in the Old World.
在旧世界做了。
The example will be followed here from the same motives which produced universal imitation there.
这里将遵循与那里产生普遍模仿相同的动机。
Instead of deriving from our situation the precious advantage which Great Britain has derived from hers, the face of America will be but a copy of that of the continent of Europe.
美国的面貌不会像英国那样从我们的处境中获得宝贵的优势，而只会是欧洲大陆面貌的翻版。
It will present liberty everywhere crushed between standing armies and perpetual taxes.
它将在常备军和永久税收之间压制的所有地方呈现自由。
The fortunes of disunited America will be even more disastrous than those of Europe.
分裂的美国的命运将比欧洲更加灾难。
The sources of evil in the latter are confined to her own limits.
后者的邪恶根源仅限于她自己的限度。
No superior powers of another quarter of the globe intrigue among her rival nations, inflame their mutual animosities, and render them the instruments of foreign ambition, jealousy, and revenge.
全球其他四分之一的强国不会在她的敌对国家之间勾心斗角，煽动他们相互的仇恨，使他们成为外国野心、嫉妒和报复的工具。
In America the miseries springing from her internal jealousies, contentions, and wars, would form a part only of her lot.
在美国，她内心的嫉妒、争吵和战争所带来的痛苦只会成为她命运的一部分。
A plentiful addition of evils would have their source in that relation in which Europe stands to this quarter of the earth, and which no other quarter of the earth bears to Europe.
大量罪恶的根源在于欧洲与地球这一地区的关系，而地球上其他地区与欧洲没有这种关系。
This picture of the consequences of disunion cannot be too highly colored, or too often exhibited.
这张关于分裂后果的图景不能太浓烈，也不能太频繁地展示。
Every man who loves peace, every man who loves his country, every man who loves liberty, ought to have it ever before his eyes, that he may cherish in his heart a due attachment to the Union of America, and be able to set a due value on the means of preserving it.
每一个热爱和平的人，每一个热爱祖国的人，每一个热爱自由的人，都应该把它永远摆在眼前，这样他就可以在心中珍藏对美利坚合众国应有的依恋，并能够对维护它的手段给予应有的重视。
Next to the effectual establishment of the Union, the best possible precaution against danger from standing armies is a limitation of the term for which revenue may be appropriated to their support.
除了有效建立联盟之外，防范常备军危险的最佳预防措施是限制用于支持常备军的收入的期限。
This precaution the Constitution has prudently added.
宪法谨慎地添加了这一预防措施。
I will not repeat here the observations which I flatter myself have placed this subject in a just and satisfactory light.
我不会在这里重复我的观察，我自以为已经对这个主题进行了公正和令人满意的阐述。
But it may not be improper to take notice of an argument against this part of the Constitution, which has been drawn from the policy and practice of Great Britain.
但是，注意到反对宪法这一部分的论点可能并无不当，因为它是从英国的政策和实践中得出的。
It is said that the continuance of an army in that kingdom requires an annual vote of the legislature; whereas the American Constitution has lengthened this critical period to two years.
据说，王国中军队的继续存在需要立法机关每年进行一次投票；而美国宪法则将这一关键期延长至两年。
This is the form in which the comparison is usually stated to the public: but is it a just form?
这是通常向公众表述比较的形式：但这是一种公正的形式吗？
Is it a fair comparison?
这是一个公平的比较吗？
Does the British Constitution restrain the parliamentary discretion to one year?
英国宪法是否将议会自由裁量权限制为一年？
Does the American impose on the Congress appropriations for two years?
美国是否向国会拨款两年？
On the contrary, it cannot be unknown to the authors of the fallacy themselves, that the British Constitution fixes no limit whatever to the discretion of the legislature, and that the American ties down the legislature to two years, as the longest admissible term.
相反，该谬论的作者本人不可能不知道，英国宪法对立法机关的自由裁量权没有任何限制，而美国则将立法机关的最长任期限制为两年。
Had the argument from the British example been truly stated, it would have stood thus: The term for which supplies may be appropriated to the army establishment, though unlimited by the British Constitution, has nevertheless, in practice, been limited by parliamentary discretion to a single year.
如果英国例子的论点得到了真实的表述，那么情况就会是这样的：尽管英国宪法对军队建设拨款的期限没有限制，但实际上议会的自由裁量权将其限制为一年。
Now, if in Great Britain, where the House of Commons is elected for seven years; where so great a proportion of the members are elected by so small a proportion of the people; where the electors are so corrupted by the representatives, and the representatives so corrupted by the Crown, the representative body can possess a power to make appropriations to the army for an indefinite term, without desiring, or without daring, to extend the term beyond a single year, ought not suspicion herself to blush, in pretending that the representatives of the United States, elected FREELY by the WHOLE BODY of the people, every SECOND YEAR, cannot be safely intrusted with the discretion over such appropriations, expressly limited to the short period of TWO YEARS?
现在，如果在英国，下议院由选举产生，任期七年；如此大比例的议员是由如此小比例的人民选出的；在选举人被代表如此腐败，而代表又被国王如此腐败的情况下，代表机构可以拥有向军队无限期拨款的权力，而不愿或不敢将任期延长到一年以上，她不应该怀疑自己会脸红，因为假装由全体人民每两年自由选举产生的美国代表不能被放心地赋予自由裁量权此类拨款是否明确限于短期的两年？
A bad cause seldom fails to betray itself.
一个坏的事业很少会不暴露自己。
Of this truth, the management of the opposition to the federal government is an unvaried exemplification.
对于这一事实，联邦政府反对派的管理就是一个不变的例证。
But among all the blunders which have been committed, none is more striking than the attempt to enlist on that side the prudent jealousy entertained by the people, of standing armies.
但在所犯下的所有错误中，最引人注目的莫过于试图博得人民对常备军的谨慎嫉妒。
The attempt has awakened fully the public attention to that important subject; and has led to investigations which must terminate in a thorough and universal conviction, not only that the constitution has provided the most effectual guards against danger from that quarter, but that nothing short of a Constitution fully adequate to the national defense and the preservation of the Union, can save America from as many standing armies as it may be split into States or Confederacies, and from such a progressive augmentation, of these establishments in each, as will render them as burdensome to the properties and ominous to the liberties of the people, as any establishment that can become necessary, under a united and efficient government, must be tolerable to the former and safe to the latter.
这一尝试充分唤醒了公众对这一重要主题的关注；并导致了必须以彻底和普遍的信念结束的调查，不仅宪法提供了最有效的防范措施，以抵御来自该地区的危险，而且只有一部完全足以国防和维护联邦的宪法，才能使美国免受尽可能多的常备军的影响，因为它可能分裂为州或邦联，并且每个州的这些机构都逐渐增加，这将使它们成为财产的负担，对人民的自由来说是不祥的，在一个团结而高效的政府领导下，任何必要的机构都必须对前者来说是可以忍受的，对后者来说是安全的。
The palpable necessity of the power to provide and maintain a navy has protected that part of the Constitution against a spirit of censure, which has spared few other parts.
提供和维持海军的权力的明显必要性保护了宪法的这一部分免受谴责精神的影响，而其他部分也几乎没有幸免。
It must, indeed, be numbered among the greatest blessings of America, that as her Union will be the only source of her maritime strength, so this will be a principal source of her security against danger from abroad.
事实上，这必须被视为美国最大的祝福之一，因为她的联邦将是她海上力量的唯一来源，因此这将成为她抵御国外危险的主要安全来源。
In this respect our situation bears another likeness to the insular advantage of Great Britain.
在这方面，我们的情况与英国的岛国优势有另一个相似之处。
The batteries most capable of repelling foreign enterprises on our safety, are happily such as can never be turned by a perfidious government against our liberties.
最有能力在我们的安全方面排斥外国企业的电池，令人高兴的是，背信弃义的政府永远不会利用这些电池来侵犯我们的自由。
The inhabitants of the Atlantic frontier are all of them deeply interested in this provision for naval protection, and if they have hitherto been suffered to sleep quietly in their beds; if their property has remained safe against the predatory spirit of licentious adventurers; if their maritime towns have not yet been compelled to ransom themselves from the terrors of a conflagration, by yielding to the exactions of daring and sudden invaders, these instances of good fortune are not to be ascribed to the capacity of the existing government for the protection of those from whom it claims allegiance, but to causes that are fugitive and fallacious.
大西洋边境的居民都对这项海军保护规定深感兴趣，如果他们迄今为止一直在床上安静地睡觉的话；他们的财产是否安全，免受放荡冒险家的掠夺；如果他们的沿海城镇还没有被迫屈服于大胆而突然的入侵者的勒索，以摆脱大火的恐怖，那么这些好运的实例就不能归因于现有政府保护其声称效忠的人的能力，而应归因于逃逸和错误的原因。
If we except perhaps Virginia and Maryland, which are peculiarly vulnerable on their eastern frontiers, no part of the Union ought to feel more anxiety on this subject than New York.
如果我们排除弗吉尼亚州和马里兰州（它们在东部边境特别脆弱），那么联邦的任何部分都不应该比纽约在这个问题上感到更加焦虑。
Her seacoast is extensive.
她的海岸很广阔。
A very important district of the State is an island.
该州一个非常重要的地区是一个岛屿。
The State itself is penetrated by a large navigable river for more than fifty leagues.
该州本身被一条可通航的大河贯穿，长达五十多里格。
The great emporium of its commerce, the great reservoir of its wealth, lies every moment at the mercy of events, and may almost be regarded as a hostage for ignominious compliances with the dictates of a foreign enemy, or even with the rapacious demands of pirates and barbarians.
它的商业大商场，它的财富宝库，每时每刻都受到事件的摆布，并且几乎可能被视为可耻地服从外敌的指令，甚至是海盗和野蛮人的贪婪要求的人质。
Should a war be the result of the precarious situation of European affairs, and all the unruly passions attending it be let loose on the ocean, our escape from insults and depredations, not only on that element, but every part of the other bordering on it, will be truly miraculous.
如果欧洲事务的不稳定局势导致一场战争，并且所有与之相关的难以控制的激情都在海洋上释放，那么我们不仅在这一方面，而且在与它接壤的其他方面，都摆脱了侮辱和掠夺，这将是真正的奇迹。
In the present condition of America, the States more immediately exposed to these calamities have nothing to hope from the phantom of a general government which now exists; and if their single resources were equal to the task of fortifying themselves against the danger, the object to be protected would be almost consumed by the means of protecting them.
在美国目前的状况下，那些更容易遭受这些灾难的州对现在存在的广义政府的幻影没有什么希望。如果他们的单一资源足以承担防御危险的任务，那么保护对象几乎就会被保护他们的手段所消耗。
The power of regulating and calling forth the militia has been already sufficiently vindicated and explained.
民兵的规制和召集权已经得到了充分的论证和解释。
The power of levying and borrowing money, being the sinew of that which is to be exerted in the national defense, is properly thrown into the same class with it.
征税权和借贷权是国防力量的支柱，理应与国防权归为同一类。
This power, also, has been examined already with much attention, and has, I trust, been clearly shown to be necessary, both in the extent and form given to it by the Constitution.
这项权力也已经得到了广泛的关注，而且我相信，无论是在宪法赋予它的范围还是形式上，它都被清楚地表明是必要的。
I will address one additional reflection only to those who contend that the power ought to have been restrained to external--taxation by which they mean, taxes on articles imported from other countries.
我只想向那些认为这一权力应该仅限于对外征税的人提出另一项思考，他们指的是对从其他国家进口的物品征税。
It cannot be doubted that this will always be a valuable source of revenue; that for a considerable time it must be a principal source; that at this moment it is an essential one.
毫无疑问，这将永远是一个宝贵的收入来源；在相当长的一段时间内，它必定是主要来源；目前这是至关重要的。
But we may form very mistaken ideas on this subject, if we do not call to mind in our calculations, that the extent of revenue drawn from foreign commerce must vary with the variations, both in the extent and the kind of imports; and that these variations do not correspond with the progress of population, which must be the general measure of the public wants.
但是，如果我们在计算时不考虑这一点，我们可能会在这个问题上形成非常错误的想法，即从对外贸易中获得的收入一定会随着进口的范围和种类的变化而变化；而且这些变化与人口的增长并不相符，而人口的增长必须是公众需求的一般衡量标准。
As long as agriculture continues the sole field of labor, the importation of manufactures must increase as the consumers multiply.
只要农业仍然是唯一的劳动领域，制成品的进口就必须随着消费者的增加而增加。
As soon as domestic manufactures are begun by the hands not called for by agriculture, the imported manufactures will decrease as the numbers of people increase.
一旦国内制造品由农业不需要的人开始生产，进口制造品就会随着人口的增加而减少。
In a more remote stage, the imports may consist in a considerable part of raw materials, which will be wrought into articles for exportation, and will, therefore, require rather the encouragement of bounties, than to be loaded with discouraging duties.
在更远的阶段，进口可能包括相当一部分原材料，这些原材料将被加工成出口物品，因此，需要鼓励性的赏金，而不是征收令人沮丧的关税。
A system of government, meant for duration, ought to contemplate these revolutions, and be able to accommodate itself to them.
一个旨在长期存在的政府体系应该考虑这些革命，并能够适应它们。
Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined.
有些人并没有否认征税权的必要性，他们对宪法及其定义语言进行了非常猛烈的攻击。
It has been urged and echoed, that the power "to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States," amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare.
有人敦促和回应，“征收税收、关税、进口税和消费税，支付债务，并为美国的共同防御和公共福利提供服务”的权力相当于无限制的委托，以行使可能被认为对共同防御或公共福利所必需的一切权力。
No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
没有什么比这些作家屈从于这种误解更能证明他们在努力提出反对意见时所遭受的痛苦了。
Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases.
如果宪法中除了刚才引用的一般性表述之外没有找到对国会权力的其他列举或定义，反对意见的作者可能会对此有一些色彩；尽管很难找到一个如此尴尬的理由来描述在所有可能的情况下立法的权力。
A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms "to raise money for the general welfare."
破坏新闻自由、陪审团审判、甚至规范血统过程或交通工具形式的权力，必须用“为公众福利筹集资金”这一术语来非常独特地表达。
But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon?
但是，当这些一般术语所暗示的对象的规范紧随其后，并且甚至没有比分号更长的停顿分隔时，反对意见可以有什么颜色呢？
If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever?
如果同一文书的不同部分应如此解释，以便赋予其每一部分以意义，则同一句子的一部分应完全排除在意义之外；是否应完整保留较可疑和不确定的术语，并否认清晰和准确的表达有任何意义？
For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power?
如果这些特定权力和所有其他权力都应包含在前面的一般权力中，那么出于什么目的插入特定权力的列举呢？
Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.
没有什么比首先使用一般性短语，然后通过列举细节来解释和限定它更自然和常见的了。
But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter.
但是，列举既不能解释也不能限定一般含义的细节的想法是荒谬的，因为除了混淆和误导之外没有其他效果，当我们陷入对反对派作者或宪法作者提出指控的困境时，我们必须冒昧地假设，它的起源并非后者。
The objection here is the more extraordinary, as it appears that the language used by the convention is a copy from the articles of Confederation.
这里的反对意见更加非同寻常，因为会议所使用的语言似乎是联邦条款的副本。
The objects of the Union among the States, as described in article third, are "their common defense, security of their liberties, and mutual and general welfare." The terms of article eighth are still more identical: "All charges of war and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress, shall be defrayed out of a common treasury," etc. A similar language again occurs in article ninth.
正如第三条所述，各州之间联邦的目标是“共同防御、自由保障以及共同和普遍福利”。第八条的条款更加相同：“所有战争费用和为共同防御或公共福利而发生的所有其他费用，并经美国国会批准，应从共同国库中支付”，等等。类似的语言再次出现在第九条中。
Construe either of these articles by the rules which would justify the construction put on the new Constitution, and they vest in the existing Congress a power to legislate in all cases whatsoever.
根据证明新宪法的解释合理性的规则来解释这些条款中的任何一条，并且它们赋予现有国会在任何情况下立法的权力。
But what would have been thought of that assembly, if, attaching themselves to these general expressions, and disregarding the specifications which ascertain and limit their import, they had exercised an unlimited power of providing for the common defense and general welfare?
但是，如果议会依附于这些一般性表述，而无视确定和限制其重要性的规范，而行使了提供共同防御和公共福利的无限权力，人们会怎么想呢？
I appeal to the objectors themselves, whether they would in that case have employed the same reasoning in justification of Congress as they now make use of against the convention.
我呼吁反对者本身，在这种情况下，他们是否会采用与现在反对制宪会议相同的推理来为国会辩护。
How difficult it is for error to escape its own condemnation!
错误要逃脱其自身的谴责是多么困难啊！
PUBLIUS
普布利乌斯
FEDERALIST No. 42
联邦党人文集第 42 号
The Powers Conferred by the Constitution Further Considered
进一步思考宪法赋予的权力
From the New York Packet.
来自纽约邮包。
Tuesday, January 22, 1788.
1788 年 1 月 22 日，星期二。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE SECOND class of powers, lodged in the general government, consists of those which regulate the intercourse with foreign nations, to wit: to make treaties; to send and receive ambassadors, other public ministers, and consuls; to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; to regulate foreign commerce, including a power to prohibit, after the year 1808, the importation of slaves, and to lay an intermediate duty of ten dollars per head, as a discouragement to such importations.
第二类权力属于一般政府，包括规范与外国交往的权力，即：缔结条约；派遣和接待大使、其他公使和领事；界定和惩罚公海海盗行为和重罪以及违反国际法的罪行；监管对外贸易，包括有权在 1808 年之后禁止进口奴隶，并征收每人 10 美元的中间税，以阻止此类进口。
This class of powers forms an obvious and essential branch of the federal administration.
此类权力构成了联邦政府的一个明显且重要的分支。
If we are to be one nation in any respect, it clearly ought to be in respect to other nations.
如果我们要在任何方面成为一个国家，那么显然就应该尊重其他国家。
The powers to make treaties and to send and receive ambassadors, speak their own propriety.
缔结条约、派遣和接待使节的权力，各有各的说法。
Both of them are comprised in the articles of Confederation, with this difference only, that the former is disembarrassed, by the plan of the convention, of an exception, under which treaties might be substantially frustrated by regulations of the States; and that a power of appointing and receiving "other public ministers and consuls," is expressly and very properly added to the former provision concerning ambassadors.
两者都包含在联邦条款中，唯一的区别是，根据制宪会议的计划，前者不会出现例外情况，在这种例外情况下，条约可能会因各州的法规而受到严重阻碍；任命和接待“其他公使和领事”的权力已明确且非常恰当地添加到先前有关大使的条款中。
The term ambassador, if taken strictly, as seems to be required by the second of the articles of Confederation, comprehends the highest grade only of public ministers, and excludes the grades which the United States will be most likely to prefer, where foreign embassies may be necessary.
如果严格地理解，“大使”一词，就像联邦条款第二条所要求的那样，仅包含最高级别的公共部长，并且不包括美国最有可能喜欢的级别，因为外国大使馆可能是必要的。
And under no latitude of construction will the term comprehend consuls.
在任何解释范围内，这个词都不能包含执政官。
Yet it has been found expedient, and has been the practice of Congress, to employ the inferior grades of public ministers, and to send and receive consuls.
然而，人们发现，雇用较低级别的公共部长以及派遣和接待领事是权宜之计，并且一直是国会的做法。
It is true, that where treaties of commerce stipulate for the mutual appointment of consuls, whose functions are connected with commerce, the admission of foreign consuls may fall within the power of making commercial treaties; and that where no such treaties exist, the mission of American consuls into foreign countries may PERHAPS be covered under the authority, given by the ninth article of the Confederation, to appoint all such civil officers as may be necessary for managing the general affairs of the United States.
诚然，如果商业条约规定相互任命领事，其职能与商业有关，外国领事的接纳可能属于缔结商业条约的权限；如果不存在此类条约，美国驻外国领事的使命可能受联邦第九条赋予的权力管辖，任命管理美国一般事务所需的所有文职官员。
But the admission of consuls into the United States, where no previous treaty has stipulated it, seems to have been nowhere provided for.
但此前的条约中并没有对允许领事进入美国做出规定，似乎没有任何规定。
A supply of the omission is one of the lesser instances in which the convention have improved on the model before them.
省略的提供是公约对之前的模型进行改进的较小实例之一。
But the most minute provisions become important when they tend to obviate the necessity or the pretext for gradual and unobserved usurpations of power.
但是，当最细微的规定往往会消除逐渐和不被察觉的篡夺权力的必要性或借口时，它们就变得很重要。
A list of the cases in which Congress have been betrayed, or forced by the defects of the Confederation, into violations of their chartered authorities, would not a little surprise those who have paid no attention to the subject; and would be no inconsiderable argument in favor of the new Constitution, which seems to have provided no less studiously for the lesser, than the more obvious and striking defects of the old.
国会被出卖的案例清单，或者由于联邦的缺陷而被迫违反其特许授权的案例清单，对于那些不关心这个问题的人来说不会有点惊讶；这将是支持新宪法的重要论据，新宪法似乎为次要宪法提供了不亚于旧宪法中更明显和引人注目的缺陷的努力。
The power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations, belongs with equal propriety to the general government, and is a still greater improvement on the articles of Confederation.
定义和惩罚在公海上犯下的海盗和重罪以及违反国际法的罪行的权力同样属于联邦政府，并且是对联邦条款的更大改进。
These articles contain no provision for the case of offenses against the law of nations; and consequently leave it in the power of any indiscreet member to embroil the Confederacy with foreign nations.
这些条款不包含关于违反国际法的罪行的规定；因此，任何不明智的成员都有权将邦联与外国卷入其中。
The provision of the federal articles on the subject of piracies and felonies extends no further than to the establishment of courts for the trial of these offenses.
关于盗版和重罪的联邦条款仅规定设立审判这些罪行的法院。
The definition of piracies might, perhaps, without inconveniency, be left to the law of nations; though a legislative definition of them is found in most municipal codes.
海盗行为的定义也许可以由国际法来定义，这不会带来任何不便。尽管在大多数市政法规中都可以找到它们的立法定义。
A definition of felonies on the high seas is evidently requisite.
公海重罪的定义显然是必要的。
Felony is a term of loose signification, even in the common law of England; and of various import in the statute law of that kingdom.
即使在英格兰的普通法中，重罪也是一个含义不明确的术语。并在该王国的成文法中具有各种重要意义。
But neither the common nor the statute law of that, or of any other nation, ought to be a standard for the proceedings of this, unless previously made its own by legislative adoption.
但是，该国或任何其他国家的普通法或成文法都不应成为此程序的标准，除非事先通过立法通过制定了自己的标准。
The meaning of the term, as defined in the codes of the several States, would be as impracticable as the former would be a dishonorable and illegitimate guide.
正如几个国家的法典中所定义的，该术语的含义是不切实际的，因为前者是不光彩和非法的指南。
It is not precisely the same in any two of the States; and varies in each with every revision of its criminal laws.
任何两个州的情况都不完全相同；并且随着刑法的每次修订而有所不同。
For the sake of certainty and uniformity, therefore, the power of defining felonies in this case was in every respect necessary and proper.
因此，为了确定性和统一性，在本案中定义重罪的权力在各方面都是必要和适当的。
The regulation of foreign commerce, having fallen within several views which have been taken of this subject, has been too fully discussed to need additional proofs here of its being properly submitted to the federal administration.
对外贸易的监管，已经落入对此主题所采取的几种观点的范围内，已经进行了充分的讨论，因此不需要在此提供额外的证据来证明其已正确提交给联邦政府。
It were doubtless to be wished, that the power of prohibiting the importation of slaves had not been postponed until the year 1808, or rather that it had been suffered to have immediate operation.
毫无疑问，人们希望禁止进口奴隶的权力没有被推迟到 1808 年，或者更确切地说，它已经被允许立即生效。
But it is not difficult to account, either for this restriction on the general government, or for the manner in which the whole clause is expressed.
但无论是对广义政府的限制，还是整个条款的表达方式，都不难解释。
It ought to be considered as a great point gained in favor of humanity, that a period of twenty years may terminate forever, within these States, a traffic which has so long and so loudly upbraided the barbarism of modern policy; that within that period, it will receive a considerable discouragement from the federal government, and may be totally abolished, by a concurrence of the few States which continue the unnatural traffic, in the prohibitory example which has been given by so great a majority of the Union.
这应该被认为是对人类有利的一个重大成就，二十年的时间可能会永远终止这些国家内部长期以来、如此大声地谴责现代政策的野蛮行为的交通；在此期间，它将受到联邦政府的极大劝阻，并且可能会在少数继续进行非自然贩运的州的同意下被彻底废除，就像联邦大多数国家所给出的禁止例子一样。
Happy would it be for the unfortunate Africans, if an equal prospect lay before them of being redeemed from the oppressions of their European brethren!
如果不幸的非洲人有平等的前景摆脱欧洲同胞的压迫，那将是多么幸福的事！
Attempts have been made to pervert this clause into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice, and on another as calculated to prevent voluntary and beneficial emigrations from Europe to America.
有人试图将该条款歪曲为对宪法的反对，一方面将其描述为对非法行为的刑事容忍，另一方面又将其描述为旨在阻止从欧洲自愿和有益的移民到美国。
I mention these misconstructions, not with a view to give them an answer, for they deserve none, but as specimens of the manner and spirit in which some have thought fit to conduct their opposition to the proposed government.
我提到这些误解，并不是为了给他们一个答案，因为他们不应该得到答案，而是作为一些人认为反对拟议政府的适当方式和精神的样本。
The powers included in the THIRD class are those which provide for the harmony and proper intercourse among the States.
第三类权力是那些规定各州之间和谐与适当交往的权力。
Under this head might be included the particular restraints imposed on the authority of the States, and certain powers of the judicial department; but the former are reserved for a distinct class, and the latter will be particularly examined when we arrive at the structure and organization of the government.
在这一类别下可能包括对国家权力和司法部门的某些权力施加的特殊限制；但前者是为特定阶级保留的，而后者将在我们了解政府的结构和组织时进行特别审查。
I shall confine myself to a cursory review of the remaining powers comprehended under this third description, to wit: to regulate commerce among the several States and the Indian tribes; to coin money, regulate the value thereof, and of foreign coin; to provide for the punishment of counterfeiting the current coin and securities of the United States; to fix the standard of weights and measures; to establish a uniform rule of naturalization, and uniform laws of bankruptcy, to prescribe the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States; and to establish post offices and post roads.
我将仅限于粗略地回顾一下第三种描述中所包含的其余权力，即：管理几个州和印第安部落之间的商业；铸造货币，调节其价值以及外国硬币的价值；规定对伪造美国现行硬币和证券的处罚；制定度量衡标准；制定统一的入籍规则和统一的破产法，规定证明每个州的公共行为、记录和司法程序的方式，以及它们在其他州的效力；并设立邮局和邮路。
The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience.
经验已经清楚地指出，现有邦联在管理其几个成员之间的贸易方面的权力缺陷在于其数量。
To the proofs and remarks which former papers have brought into view on this subject, it may be added that without this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual.
对于以前的论文就此问题提出的证据和评论，可以补充一点，如果没有这一补充规定，管制对外贸易的巨大而重要的权力将是不完整和无效的。
A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter.
这项权力的一个非常重要的目标是免除通过其他国家进行进出口的国家所征收的不当缴款。
Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former.
如果这些国家可以自由地监管国家与国家之间的贸易，那么必须预见到，将会找到办法，在进出口物品通过其管辖范围时，对后者的制造商和前者的消费者承担关税。
We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquillity.
根据过去的经验，我们可以确信，未来的设计将会引入这种做法。根据这一点和人类事务的常识，它会滋生不断的仇恨，并且很可能以严重扰乱公共安宁而告终。
To those who do not view the question through the medium of passion or of interest, the desire of the commercial States to collect, in any form, an indirect revenue from their uncommercial neighbors, must appear not less impolitic than it is unfair; since it would stimulate the injured party, by resentment as well as interest, to resort to less convenient channels for their foreign trade.
对于那些不以热情或利益为媒介来看待这个问题的人来说，商业国家以任何形式从其非商业邻国收取间接收入的愿望必定显得既不政治又不公平；因为这会通过怨恨和兴趣刺激受害方诉诸不太方便的对外贸易渠道。
But the mild voice of reason, pleading the cause of an enlarged and permanent interest, is but too often drowned, before public bodies as well as individuals, by the clamors of an impatient avidity for immediate and immoderate gain.
但是，在公共机构和个人面前，理性的温和声音，为扩大和永久的利益辩护，却常常被对眼前和不节制利益的不耐烦的贪婪的喧嚣所淹没。
The necessity of a superintending authority over the reciprocal trade of confederated States, has been illustrated by other examples as well as our own.
其他例子以及我们自己的例子都说明了对邦联国家互惠贸易建立监管机构的必要性。
In Switzerland, where the Union is so very slight, each canton is obliged to allow to merchandises a passage through its jurisdiction into other cantons, without an augmentation of the tolls.
在瑞士，联邦的规模非常小，每个州都有义务允许通过其管辖范围进入其他州的通道，而无需增加通行费。
In Germany it is a law of the empire, that the princes and states shall not lay tolls or customs on bridges, rivers, or passages, without the consent of the emperor and the diet; though it appears from a quotation in an antecedent paper, that the practice in this, as in many other instances in that confederacy, has not followed the law, and has produced there the mischiefs which have been foreseen here.
在德国，有一条帝国法律规定，未经皇帝和国会同意，诸侯和各州不得在桥梁、河流或通道上征收通行费或关税；尽管从之前的一篇论文中的引文看来，这里的做法，就像该联盟的许多其他情况一样，没有遵守法律，并在那里造成了这里预见到的危害。
Among the restraints imposed by the Union of the Netherlands on its members, one is, that they shall not establish imposts disadvantageous to their neighbors, without the general permission.
荷兰联盟对其成员施加的限制之一是，未经普遍许可，成员不得征收对其邻国不利的税款。
The regulation of commerce with the Indian tribes is very properly unfettered from two limitations in the articles of Confederation, which render the provision obscure and contradictory.
与印第安部落的商业管制完全不受联邦条款中的两个限制的约束，这使得该条款变得模糊和矛盾。
The power is there restrained to Indians, not members of any of the States, and is not to violate or infringe the legislative right of any State within its own limits.
该权力仅限于印第安人，而不是任何州的成员，并且不得侵犯或侵犯任何州在其自身范围内的立法权。
What description of Indians are to be deemed members of a State, is not yet settled, and has been a question of frequent perplexity and contention in the federal councils.
怎样描述印第安人才能被视为一个州的成员，这一问题尚未解决，并且一直是联邦委员会经常困惑和争论的问题。
And how the trade with Indians, though not members of a State, yet residing within its legislative jurisdiction, can be regulated by an external authority, without so far intruding on the internal rights of legislation, is absolutely incomprehensible.
与印第安人的贸易虽然不是一个国家的成员，但仍处于其立法管辖范围内，如何能够由外部当局监管，而又不侵犯内部立法权利，这绝对是不可理解的。
This is not the only case in which the articles of Confederation have inconsiderately endeavored to accomplish impossibilities; to reconcile a partial sovereignty in the Union, with complete sovereignty in the States; to subvert a mathematical axiom, by taking away a part, and letting the whole remain.
这并不是邦联条款不顾一切地试图完成不可能的事情的唯一例子；协调联邦的部分主权与各州的完全主权；通过去掉一部分并保留整体来颠覆数学公理。
All that need be remarked on the power to coin money, regulate the value thereof, and of foreign coin, is, that by providing for this last case, the Constitution has supplied a material omission in the articles of Confederation.
关于铸造货币、调节其价值以及外国硬币的权力，需要指出的是，通过对最后一种情况的规定，宪法在联邦条款中提供了重大遗漏。
The authority of the existing Congress is restrained to the regulation of coin STRUCK by their own authority, or that of the respective States.
现有国会的权力仅限于其自己或各州的权力对铸币的监管。
It must be seen at once that the proposed uniformity in the VALUE of the current coin might be destroyed by subjecting that of foreign coin to the different regulations of the different States.
必须立即看到，如果使外国硬币的价值受到不同国家的不同规定的约束，则可能会破坏当前硬币价值的统一性。
The punishment of counterfeiting the public securities, as well as the current coin, is submitted of course to that authority which is to secure the value of both.
对伪造公共证券以及现行硬币的惩罚当然要提交给确保两者价值的当局。
The regulation of weights and measures is transferred from the articles of Confederation, and is founded on like considerations with the preceding power of regulating coin.
对度量衡的规定是从联邦条款中转移而来的，其基础与之前的硬币监管权类似。
The dissimilarity in the rules of naturalization has long been remarked as a fault in our system, and as laying a foundation for intricate and delicate questions.
入籍规则的差异长期以来一直被认为是我们制度的缺陷，并为复杂而微妙的问题奠定了基础。
In the fourth article of the Confederation, it is declared "that the FREE INHABITANTS of each of these States, paupers, vagabonds, and fugitives from justice, excepted, shall be entitled to all privileges and immunities of FREE CITIZENS in the several States; and THE PEOPLE of each State shall, in every other, enjoy all the privileges of trade and commerce," etc. There is a confusion of language here, which is remarkable.
联邦第四条规定，“各州的自由居民，除乞丐、流浪汉和逃犯外，应享有各州自由公民的一切特权和豁免；各州人民应在其他各州享有贸易和商业的一切特权”，等等。这里存在语言混乱，这是值得注意的。
Why the terms FREE INHABITANTS are used in one part of the article, FREE CITIZENS in another, and PEOPLE in another; or what was meant by superadding to "all privileges and immunities of free citizens," "all the privileges of trade and commerce," cannot easily be determined.
为什么本文的一部分使用“自由居民”一词，另一部分使用“自由公民”，而另一部分使用“人民”；或者说，在“自由公民的所有特权和豁免权”之上加上“贸易和商业的所有特权”意味着什么，这很难确定。
It seems to be a construction scarcely avoidable, however, that those who come under the denomination of FREE INHABITANTS of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of FREE CITIZENS of the latter; that is, to greater privileges than they may be entitled to in their own State: so that it may be in the power of a particular State, or rather every State is laid under a necessity, not only to confer the rights of citizenship in other States upon any whom it may admit to such rights within itself, but upon any whom it may allow to become inhabitants within its jurisdiction.
然而，这似乎是不可避免的，即那些属于一个国家的自由居民的人，尽管不是该国家的公民，但在所有其他国家都有权享有该国家自由公民的所有特权；也就是说，他们享有比在自己国家享有的更大的特权：因此，它可能处于某个特定国家的权力之下，或者更确切地说，每个国家都有必要，不仅将其他国家的公民权利授予其在其境内承认享有此类权利的任何人，而且还授予其可能允许成为其管辖范围内的居民的任何人。
But were an exposition of the term "inhabitants" to be admitted which would confine the stipulated privileges to citizens alone, the difficulty is diminished only, not removed.
但是，如果承认“居民”一词的解释，将规定的特权仅限于公民，那么困难只会减少，而不是消除。
The very improper power would still be retained by each State, of naturalizing aliens in every other State.
每个国家仍然保留在其他国家归化外国人的非常不适当的权力。
In one State, residence for a short term confirms all the rights of citizenship: in another, qualifications of greater importance are required.
在一个国家，短期居住确认了公民的所有权利：在另一个国家，则需要更重要的资格。
An alien, therefore, legally incapacitated for certain rights in the latter, may, by previous residence only in the former, elude his incapacity; and thus the law of one State be preposterously rendered paramount to the law of another, within the jurisdiction of the other.
因此，一个外国人在法律上无能力行使后者的某些权利，只能通过以前居住在前者来逃避其无行为能力；因此，在另一国的管辖范围内，一国的法律被荒谬地赋予另一国的法律至高无上的地位。
We owe it to mere casualty, that very serious embarrassments on this subject have been hitherto escaped.
迄今为止，我们在这个问题上避免了非常严重的尴尬，这仅仅是偶然事件。
By the laws of several States, certain descriptions of aliens, who had rendered themselves obnoxious, were laid under interdicts inconsistent not only with the rights of citizenship but with the privilege of residence.
根据一些国家的法律，对那些使自己令人厌恶的外国人的某些描述受到禁止，这不仅不符合公民权利，而且也不符合居住特权。
What would have been the consequence, if such persons, by residence or otherwise, had acquired the character of citizens under the laws of another State, and then asserted their rights as such, both to residence and citizenship, within the State proscribing them?
如果这些人通过居住或其他方式根据另一国的法律获得公民身份，然后在禁止他们的国家内主张其居住权和公民权，那么会产生什么后果？
Whatever the legal consequences might have been, other consequences would probably have resulted, of too serious a nature not to be provided against.
无论法律后果是什么，都可能会导致其他后果，其性质过于严重，无法避免。
The new Constitution has accordingly, with great propriety, made provision against them, and all others proceeding from the defect of the Confederation on this head, by authorizing the general government to establish a uniform rule of naturalization throughout the United States.
因此，新宪法非常恰当地针对他们以及所有其他从联邦在这方面的缺陷出发的规定，授权联邦政府在全美国建立统一的入籍规则。
The power of establishing uniform laws of bankruptcy is so intimately connected with the regulation of commerce, and will prevent so many frauds where the parties or their property may lie or be removed into different States, that the expediency of it seems not likely to be drawn into question.
制定统一破产法的权力与商业监管密切相关，并且将防止当事人或其财产可能位于或转移到不同国家的许多欺诈行为，因此其权宜之计似乎不会受到质疑。
The power of prescribing by general laws, the manner in which the public acts, records and judicial proceedings of each State shall be proved, and the effect they shall have in other States, is an evident and valuable improvement on the clause relating to this subject in the articles of Confederation.
由一般法律规定的权力、各州的公共行为、记录和司法程序的证明方式以及它们在其他州的效力，是对邦联条款中与此主题相关的条款的明显且有价值的改进。
The meaning of the latter is extremely indeterminate, and can be of little importance under any interpretation which it will bear.
后者的含义极其不确定，并且在任何解释下都无关紧要。
The power here established may be rendered a very convenient instrument of justice, and be particularly beneficial on the borders of contiguous States, where the effects liable to justice may be suddenly and secretly translated, in any stage of the process, within a foreign jurisdiction.
这里建立的权力可以成为一种非常方便的司法工具，并且在毗邻国家的边界上尤其有利，因为在这些国家的边界上，受司法管辖的效力可能会在该过程的任何阶段突然秘密地转移到外国管辖范围内。
The power of establishing post roads must, in every view, be a harmless power, and may, perhaps, by judicious management, become productive of great public conveniency.
从任何角度来看，修建驿路的权力都必须是一种无害的权力，而且也许通过明智的管理，可以为公众带来巨大的便利。
Nothing which tends to facilitate the intercourse between the States can be deemed unworthy of the public care.
任何有利于国家间交往的事物都不能被认为不值得公众关注。
PUBLIUS
普布利乌斯
FEDERALIST No. 43
联邦党人文集第 43 号
The Same Subject Continued (The Powers Conferred by the Constitution Further Considered)
同一主题继续（进一步考虑宪法赋予的权力）
For the Independent Journal.
对于独立杂志。
Wednesday, January 23, 1788
1788 年 1 月 23 日，星期三
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE FOURTH class comprises the following miscellaneous powers:
第四类包括以下杂项权力：
1.
1.
A power "to promote the progress of science and useful arts, by securing, for a limited time, to authors and inventors, the exclusive right to their respective writings and discoveries."
一种“通过在有限的时间内确保作者和发明家对其各自的著作和发现的专有权来促进科学和实用艺术的进步”的权力。
The utility of this power will scarcely be questioned.
这种力量的效用几乎不会受到质疑。
The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law.
在英国，作者的版权已被庄严地判定为普通法的一项权利。
The right to useful inventions seems with equal reason to belong to the inventors.
有用发明的权利似乎同样有理由属于发明人。
The public good fully coincides in both cases with the claims of individuals.
在这两种情况下，公共利益与个人的诉求完全一致。
The States cannot separately make effectual provisions for either of the cases, and most of them have anticipated the decision of this point, by laws passed at the instance of Congress.
各州不能单独针对这两种情况制定有效的规定，而且大多数州都已经通过国会通过的法律预见到了这一点的决定。
2.
2.
"To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States; and to exercise like authority over all places purchased by the consent of the legislatures of the States in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."
“在任何情况下，对通过特定州的割让和国会的接受而可能成为合众国政府所在地的地区（不超过十平方英里）行使排他性立法；并对经各州立法机关同意而购买的所有地方行使类似的权力，以建造堡垒、弹药库、军火库、船坞和其他必要的建筑物。”
The indispensable necessity of complete authority at the seat of government, carries its own evidence with it.
政府所在地拥有绝对权威是不可或缺的必要性，这一点有其自身的证据。
It is a power exercised by every legislature of the Union, I might say of the world, by virtue of its general supremacy.
我可以说，全世界的每一个立法机关都凭借其普遍的至高无上的地位，行使这一权力。
Without it, not only the public authority might be insulted and its proceedings interrupted with impunity; but a dependence of the members of the general government on the State comprehending the seat of the government, for protection in the exercise of their duty, might bring on the national councils an imputation of awe or influence, equally dishonorable to the government and dissatisfactory to the other members of the Confederacy.
如果没有它，不仅公共当局可能会受到侮辱，其诉讼程序也会被打断而不受惩罚；但是，联邦政府成员在履行职责时依赖政府所在地的国家来提供保护，这可能会给全国议会带来敬畏或影响力，这同样会令政府蒙羞，也会令邦联其他成员感到不满。
This consideration has the more weight, as the gradual accumulation of public improvements at the stationary residence of the government would be both too great a public pledge to be left in the hands of a single State, and would create so many obstacles to a removal of the government, as still further to abridge its necessary independence.
这种考虑更为重要，因为在政府固定住所逐步积累公共改善措施，既是一项太大的公共承诺，不能由单一国家负责，而且会给政府的解散制造许多障碍，甚至进一步削弱其必要的独立性。
The extent of this federal district is sufficiently circumscribed to satisfy every jealousy of an opposite nature.
这个联邦区的范围足以满足各种相反性质的嫉妒。
And as it is to be appropriated to this use with the consent of the State ceding it; as the State will no doubt provide in the compact for the rights and the consent of the citizens inhabiting it; as the inhabitants will find sufficient inducements of interest to become willing parties to the cession; as they will have had their voice in the election of the government which is to exercise authority over them; as a municipal legislature for local purposes, derived from their own suffrages, will of course be allowed them; and as the authority of the legislature of the State, and of the inhabitants of the ceded part of it, to concur in the cession, will be derived from the whole people of the State in their adoption of the Constitution, every imaginable objection seems to be obviated.
并且在经放弃国家同意后才可用于此用途；毫无疑问，国家将在契约中规定其权利并征得其居住的公民的同意；因为居民会发现足够的利益诱因，愿意成为割让方；因为他们在选举对他们行使权力的政府时有发言权；作为地方立法机构，从他们自己的选举权中获得的，当然会被允许；由于州立法机构和被割让部分的居民同意割让的权力将来自于该州全体人民通过宪法的权力，因此所有可以想象到的反对意见似乎都被排除在外。
The necessity of a like authority over forts, magazines, etc., established by the general government, is not less evident.
政府对要塞、弹药库等建立类似权力的必要性也同样明显。
The public money expended on such places, and the public property deposited in them, requires that they should be exempt from the authority of the particular State.
花在这些地方的公共资金以及存放在这些地方的公共财产要求它们不受特定国家的管辖。
Nor would it be proper for the places on which the security of the entire Union may depend, to be in any degree dependent on a particular member of it.
整个联盟的安全可能依赖的地方在任何程度上依赖于其中的某个特定成员也是不合适的。
All objections and scruples are here also obviated, by requiring the concurrence of the States concerned, in every such establishment.
通过在每一个此类机构中都需要有关国家的同意，所有反对和顾虑也都被消除了。
3.
3.
"To declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attained."
“宣布对叛国罪的惩罚，但叛国罪的剥夺者不得造成血统腐败或没收，除非被剥夺者在世。”
As treason may be committed against the United States, the authority of the United States ought to be enabled to punish it.
既然叛国罪可能是针对美国的，那么美国的权威就应该能够对其进行惩罚。
But as new-fangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free government, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the Congress, even in punishing it, from extending the consequences of guilt beyond the person of its author.
但是，由于新奇的、人为的叛国行为一直是暴力派别（自由政府的自然产物）通常相互间相互施虐的强大引擎，因此，制宪会议以极大的判断力，通过插入宪法对犯罪的定义、固定定罪所需的证据、以及限制国会将犯罪的后果扩大到犯罪者之外，来反对这种特殊危险的障碍，即使是在惩罚犯罪行为时也是如此。
4.
4.
"To admit new States into the Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress."
“接纳新州加入联邦；但未经有关州立法机构和国会同意，不得在任何其他州的管辖范围内组建或设立新州；也不得由两个或多个州或州的一部分合并组成任何州。”
In the articles of Confederation, no provision is found on this important subject.
在联邦条款中，没有找到关于这一重要主题的规定。
Canada was to be admitted of right, on her joining in the measures of the United States; and the other COLONIES, by which were evidently meant the other British colonies, at the discretion of nine States.
加拿大加入美国的措施将被承认是正确的；和其他殖民地，显然是指其他英国殖民地，由九个州自行决定。
The eventual establishment of NEW STATES seems to have been overlooked by the compilers of that instrument.
新国家的最终建立似乎被该文书的编译者忽视了。
We have seen the inconvenience of this omission, and the assumption of power into which Congress have been led by it.
我们已经看到了这种疏忽所带来的不便，也看到了国会在这种疏忽的影响下夺取权力。
With great propriety, therefore, has the new system supplied the defect.
因此，新系统非常恰当地弥补了这一缺陷。
The general precaution, that no new States shall be formed, without the concurrence of the federal authority, and that of the States concerned, is consonant to the principles which ought to govern such transactions.
一般的预防措施是，未经联邦当局和有关州的同意，不得组建新的州，这符合管理此类交易的原则。
The particular precaution against the erection of new States, by the partition of a State without its consent, quiets the jealousy of the larger States; as that of the smaller is quieted by a like precaution, against a junction of States without their consent.
针对未经国家同意而分割一个国家而建立新国家的特别预防措施，平息了较大国家的嫉妒；因为较小的国家会通过类似的预防措施来平息，防止未经国家同意而结盟。
5.
5.
"To dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States," with a proviso, that "nothing in the Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State."
“处理并制定有关属于美国的领土或其他财产的所有必要的规则和条例”，但附带条件是“宪法中的任何内容均不得解释为损害美国或任何特定州的任何主张。”
This is a power of very great importance, and required by considerations similar to those which show the propriety of the former.
这是一种非常重要的权力，并且出于与显示前者适当性的考虑类似的考虑而需要这种权力。
The proviso annexed is proper in itself, and was probably rendered absolutely necessary by jealousies and questions concerning the Western territory sufficiently known to the public.
所附的限制性条款本身是适当的，并且可能由于对公众充分了解的西方领土的嫉妒和疑问而变得绝对必要。
6.
6.
"To guarantee to every State in the Union a republican form of government; to protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence."
“保证联邦每个州都实行共和形式的政府；保护每个州免受入侵；并根据立法机关或行政机关（当立法机关无法召集会议时）的申请，反对家庭暴力。”
In a confederacy founded on republican principles, and composed of republican members, the superintending government ought clearly to possess authority to defend the system against aristocratic or monarchial innovations.
在一个以共和原则为基础、由共和成员组成的邦联中，监管政府显然应该拥有捍卫该制度免受贵族或君主创新的权力。
The more intimate the nature of such a union may be, the greater interest have the members in the political institutions of each other; and the greater right to insist that the forms of government under which the compact was entered into should be SUBSTANTIALLY maintained.
这种联盟的性质越亲密，其成员对彼此的政治制度的兴趣就越大。以及坚持要求实质上维持签订契约所依据的政府形式的更大权利。
But a right implies a remedy; and where else could the remedy be deposited, than where it is deposited by the Constitution?
但权利意味着补救措施；除了宪法规定的补救措施之外，还有什么地方可以规定补救措施呢？
Governments of dissimilar principles and forms have been found less adapted to a federal coalition of any sort, than those of a kindred nature.
人们发现，原则和形式不同的政府比性质相似的政府更不适合任何形式的联邦联盟。
"As the confederate republic of Germany," says Montesquieu, "consists of free cities and petty states, subject to different princes, experience shows us that it is more imperfect than that of Holland and Switzerland." "Greece was undone," he adds, "as soon as the king of Macedon obtained a seat among the Amphictyons." In the latter case, no doubt, the disproportionate force, as well as the monarchical form, of the new confederate, had its share of influence on the events.
孟德斯鸠说：“德意志联邦共和国由自由城市和小邦组成，受制于不同的君主，经验告诉我们，它比荷兰和瑞士的共和国更不完善。” “当马其顿国王在近邻国家中获得一席之地时，”他补充道，“希腊就被毁灭了。”毫无疑问，在后一种情况下，新同盟的不成比例的力量以及君主制形式对事件产生了一定的影响。
It may possibly be asked, what need there could be of such a precaution, and whether it may not become a pretext for alterations in the State governments, without the concurrence of the States themselves.
人们可能会问，有什么必要采取这样的预防措施，以及在未经各州本身同意的情况下，这是否不会成为州政府变更的借口。
These questions admit of ready answers.
这些问题都有现成的答案。
If the interposition of the general government should not be needed, the provision for such an event will be a harmless superfluity only in the Constitution.
如果不需要联邦政府的干预，那么对此类事件的规定仅在宪法中只是无害的多余。
But who can say what experiments may be produced by the caprice of particular States, by the ambition of enterprising leaders, or by the intrigues and influence of foreign powers?
但谁能说清楚特定国家的反复无常、有进取心的领导人的野心、外国列强的阴谋和影响会带来什么样的实验呢？
To the second question it may be answered, that if the general government should interpose by virtue of this constitutional authority, it will be, of course, bound to pursue the authority.
对于第二个问题，可以回答：如果联邦政府凭借这一宪法权力进行干预，那么它当然有义务追求这一权力。
But the authority extends no further than to a GUARANTY of a republican form of government, which supposes a pre-existing government of the form which is to be guaranteed.
但该权力仅延伸至对共和政府形式的保证，该保证假定有一个预先存在的政府，其形式将得到保证。
As long, therefore, as the existing republican forms are continued by the States, they are guaranteed by the federal Constitution.
因此，只要各州延续现有的共和形式，它们就受到联邦宪法的保障。
Whenever the States may choose to substitute other republican forms, they have a right to do so, and to claim the federal guaranty for the latter.
每当各州可以选择替代其他共和形式时，它们都有权这样做，并要求联邦为后者提供担保。
The only restriction imposed on them is, that they shall not exchange republican for antirepublican Constitutions; a restriction which, it is presumed, will hardly be considered as a grievance.
对他们的唯一限制是，他们不得将共和宪法换成反共和宪法；据推测，这种限制很难被视为一种不满。
A protection against invasion is due from every society to the parts composing it.
每个社会的组成部分都应采取保护措施来防止入侵。
The latitude of the expression here used seems to secure each State, not only against foreign hostility, but against ambitious or vindictive enterprises of its more powerful neighbors.
这里使用的措辞的自由度似乎可以保护每个国家，不仅抵御外国敌对，而且抵御其更强大邻国的野心勃勃或报复性的企业。
The history, both of ancient and modern confederacies, proves that the weaker members of the union ought not to be insensible to the policy of this article.
古代和现代联邦的历史证明，联邦中较弱的成员不应对本文的政策无动于衷。
Protection against domestic violence is added with equal propriety.
同样适当地增加了针对家庭暴力的保护。
It has been remarked, that even among the Swiss cantons, which, properly speaking, are not under one government, provision is made for this object; and the history of that league informs us that mutual aid is frequently claimed and afforded; and as well by the most democratic, as the other cantons.
有人指出，即使在瑞士各州之间（严格来说，它们不属于一个政府），也为此目的作出了规定；该联盟的历史告诉我们，人们经常要求并提供互助；以及最民主的州和其他州。
A recent and well-known event among ourselves has warned us to be prepared for emergencies of a like nature.
我们之间最近发生的一件众所周知的事件警告我们要为类似性质的紧急情况做好准备。
At first view, it might seem not to square with the republican theory, to suppose, either that a majority have not the right, or that a minority will have the force, to subvert a government; and consequently, that the federal interposition can never be required, but when it would be improper.
乍一看，假设多数人没有权利，或者少数人有颠覆政府的力量，这似乎与共和主义理论不符。因此，除非不适当，否则永远不能要求联邦干预。
But theoretic reasoning, in this as in most other cases, must be qualified by the lessons of practice.
但在这种情况下以及在大多数其他情况下，理论推理必须由实践经验教训来验证。
Why may not illicit combinations, for purposes of violence, be formed as well by a majority of a State, especially a small State as by a majority of a county, or a district of the same State; and if the authority of the State ought, in the latter case, to protect the local magistracy, ought not the federal authority, in the former, to support the State authority?
为什么一个州，特别是一个小州的多数人不能像同一州的一个县或一个地区的多数人那样以暴力为目的而组建非法联合体？如果在后一种情况下，州当局应该保护地方法官，那么在前一种情况下，联邦当局不应该支持州当局吗？
Besides, there are certain parts of the State constitutions which are so interwoven with the federal Constitution, that a violent blow cannot be given to the one without communicating the wound to the other.
此外，州宪法的某些部分与联邦宪法如此紧密地交织在一起，以至于在对一方实施猛烈打击时，不能不让另一方受到伤害。
Insurrections in a State will rarely induce a federal interposition, unless the number concerned in them bear some proportion to the friends of government.
一个州的叛乱很少会引起联邦的干预，除非涉及的人数与政府之友有一定比例。
It will be much better that the violence in such cases should be repressed by the superintending power, than that the majority should be left to maintain their cause by a bloody and obstinate contest.
在这种情况下，由监督权力镇压暴力，比让大多数人通过血腥和顽固的竞争来维持自己的事业要好得多。
The existence of a right to interpose, will generally prevent the necessity of exerting it.
干预权的存在通常会阻止行使干预权的必要性。
Is it true that force and right are necessarily on the same side in republican governments?
在共和政府中，武力和权利一定是站在同一边吗？
May not the minor party possess such a superiority of pecuniary resources, of military talents and experience, or of secret succors from foreign powers, as will render it superior also in an appeal to the sword?
难道小党不能拥有金钱资源、军事才能和经验、或来自外国势力的秘密援助等方面的优势，从而使其在诉诸武力时也具有优势吗？
May not a more compact and advantageous position turn the scale on the same side, against a superior number so situated as to be less capable of a prompt and collected exertion of its strength?
一个更紧凑、更有利的位置难道不能将天平转向同一侧，以对抗处于不利地位而无法迅速和集中地发挥其力量的优势数量吗？
Nothing can be more chimerical than to imagine that in a trial of actual force, victory may be calculated by the rules which prevail in a census of the inhabitants, or which determine the event of an election!
没有什么比想象在实际武力审判中，胜利可以通过居民人口普查中流行的规则或决定选举事件的规则来计算更荒唐的了！
May it not happen, in fine, that the minority of CITIZENS may become a majority of PERSONS, by the accession of alien residents, of a casual concourse of adventurers, or of those whom the constitution of the State has not admitted to the rights of suffrage?
总而言之，难道少数公民可能会因为外国居民、冒险家的临时集会或国家宪法未承认选举权的人的加入而成为大多数人吗？
I take no notice of an unhappy species of population abounding in some of the States, who, during the calm of regular government, are sunk below the level of men; but who, in the tempestuous scenes of civil violence, may emerge into the human character, and give a superiority of strength to any party with which they may associate themselves.
我没有注意到一些州有大量不幸的人口，他们在正常政府的平静时期，生活水平低于人类水平。但是，在激烈的国内暴力场景中，他们可能会表现出人性，并赋予与他们结盟的任何一方以力量优势。
In cases where it may be doubtful on which side justice lies, what better umpires could be desired by two violent factions, flying to arms, and tearing a State to pieces, than the representatives of confederate States, not heated by the local flame?
在正义属于哪一方的情况下，两个暴力派别拿起武器，把一个国家撕成碎片，除了没有被当地火焰加热的邦联国家的代表之外，还有什么更好的裁判呢？
To the impartiality of judges, they would unite the affection of friends.
以法官的公正，凝聚朋友的感情。
Happy would it be if such a remedy for its infirmities could be enjoyed by all free governments; if a project equally effectual could be established for the universal peace of mankind!
如果所有自由政府都能享受到这种针对其弱点的补救措施，那就太好了。如果能够为人类的普遍和平建立一个同样有效的项目！
Should it be asked, what is to be the redress for an insurrection pervading all the States, and comprising a superiority of the entire force, though not a constitutional right?
如果有人问，对于遍及所有州并包含整个力量优势的叛乱，虽然不是宪法权利，但该如何纠正？
the answer must be, that such a case, as it would be without the compass of human remedies, so it is fortunately not within the compass of human probability; and that it is a sufficient recommendation of the federal Constitution, that it diminishes the risk of a calamity for which no possible constitution can provide a cure.
答案一定是，这种情况，就像没有人类补救措施一样，幸运的是它不在人类概率的范围内；这是联邦宪法的充分建议，它减少了灾难的风险，而任何可能的宪法都无法治愈这种灾难。
Among the advantages of a confederate republic enumerated by Montesquieu, an important one is, "that should a popular insurrection happen in one of the States, the others are able to quell it.
孟德斯鸠列举的邦联共和国的优点之一是，“如果其中一个州发生民众起义，其他州能够平息它。
Should abuses creep into one part, they are reformed by those that remain sound."
一旦滥用行为蔓延到某一部分，那些仍然健全的人就会对其进行改革。”
7.
7.
"To consider all debts contracted, and engagements entered into, before the adoption of this Constitution, as being no less valid against the United States, under this Constitution, than under the Confederation."
“考虑到在本宪法通过之前签订的所有债务和签订的协议，在本宪法下对美国的效力不亚于在联邦下的效力。”
This can only be considered as a declaratory proposition; and may have been inserted, among other reasons, for the satisfaction of the foreign creditors of the United States, who cannot be strangers to the pretended doctrine, that a change in the political form of civil society has the magical effect of dissolving its moral obligations.
这只能被视为一个声明性命题；除其他原因外，可能是为了满足美国的外国债权人的要求而插入的，他们对假装的学说并不陌生，即公民社会政治形式的变化具有消除其道德义务的神奇效果。
Among the lesser criticisms which have been exercised on the Constitution, it has been remarked that the validity of engagements ought to have been asserted in favor of the United States, as well as against them; and in the spirit which usually characterizes little critics, the omission has been transformed and magnified into a plot against the national rights.
在对宪法提出的较小的批评中，有人指出，接触的有效性应该被断言为有利于美国，也应该被断言为反对美国。本着小批评家通常所特有的精神，这种疏忽已被转变和放大为反对民族权利的阴谋。
The authors of this discovery may be told, what few others need to be informed of, that as engagements are in their nature reciprocal, an assertion of their validity on one side, necessarily involves a validity on the other side; and that as the article is merely declaratory, the establishment of the principle in one case is sufficient for every case.
这一发现的作者可能会被告知，其他人很少需要知道的是，由于交往本质上是相互的，因此一方断言其有效性，必然涉及另一方的有效性；由于该条款只是声明性的，因此在一种情况下确立该原则就足以适用于每种情况。
They may be further told, that every constitution must limit its precautions to dangers that are not altogether imaginary; and that no real danger can exist that the government would DARE, with, or even without, this constitutional declaration before it, to remit the debts justly due to the public, on the pretext here condemned.
他们可能会被进一步告知，每部宪法都必须将其预防措施限制在不完全想象的危险之上；而且，无论有没有这份宪法声明，政府都不敢以这里所谴责的借口，公正地免除公众所欠的债务，这并不存在真正的危险。
8.
8.
"To provide for amendments to be ratified by three fourths of the States under two exceptions only."
“规定修正案仅在两种例外情况下须由四分之三的州批准。”
That useful alterations will be suggested by experience, could not but be foreseen.
经验将提出有用的改变，这是不能预见的。
It was requisite, therefore, that a mode for introducing them should be provided.
因此，有必要提供一种引入它们的模式。
The mode preferred by the convention seems to be stamped with every mark of propriety.
大会所偏爱的模式似乎打上了一切礼节的印记。
It guards equally against that extreme facility, which would render the Constitution too mutable; and that extreme difficulty, which might perpetuate its discovered faults.
它同样防止那种极端的便利，这会使宪法变得过于易变。以及极端的困难，这可能会使其所发现的错误永久化。
It, moreover, equally enables the general and the State governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other.
此外，它同样使联邦政府和州政府能够对错误进行修正，正如一方面或另一方面的经验所指出的那样。
The exception in favor of the equality of suffrage in the Senate, was probably meant as a palladium to the residuary sovereignty of the States, implied and secured by that principle of representation in one branch of the legislature; and was probably insisted on by the States particularly attached to that equality.
支持参议院平等选举权的例外可能是对各州剩余主权的保护，这一点是由立法机构一个分支的代表权原则所暗示和保障的；并且可能是特别重视这种平等的国家所坚持的。
The other exception must have been admitted on the same considerations which produced the privilege defended by it.
另一个例外必须出于产生它所捍卫的特权的相同考虑而被承认。
9.
9.
"The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States, ratifying the same."
“九个州的公约的批准足以在各州之间制定本宪法，并批准该宪法。”
This article speaks for itself.
这篇文章不言而喻。
The express authority of the people alone could give due validity to the Constitution.
只有人民的明确授权才能赋予宪法应有的效力。
To have required the unanimous ratification of the thirteen States, would have subjected the essential interests of the whole to the caprice or corruption of a single member.
如果需要十三个国家的一致批准，就会使整体的根本利益受到单个成员的任性或腐败的影响。
It would have marked a want of foresight in the convention, which our own experience would have rendered inexcusable.
这将标志着大会缺乏远见，而根据我们自己的经验，这是不可原谅的。
Two questions of a very delicate nature present themselves on this occasion: 1.
这次出现了两个非常微妙的问题：1。
On what principle the Confederation, which stands in the solemn form of a compact among the States, can be superseded without the unanimous consent of the parties to it?
联邦以各州之间庄严的契约形式存在，根据什么原则，可以在未经各方一致同意的情况下被取代？
2.
2.
What relation is to subsist between the nine or more States ratifying the Constitution, and the remaining few who do not become parties to it?
批准宪法的九个或更多州与其余少数未成为宪法缔约方的州之间存在什么关系？
The first question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.
通过重申案件的绝对必要性，可以立即回答第一个问题；自我保护的伟大原则；自然法则和自然上帝的超越法则宣称，社会的安全和幸福是所有政治制度的目标，并且所有这些制度都必须为此做出牺牲。
PERHAPS, also, an answer may be found without searching beyond the principles of the compact itself.
也许，无需超越契约本身的原则，就可以找到答案。
It has been heretofore noted among the defects of the Confederation, that in many of the States it had received no higher sanction than a mere legislative ratification.
迄今为止，人们注意到联邦的缺陷之一是，在许多州，它没有得到比仅仅立法批准更高的制裁。
The principle of reciprocality seems to require that its obligation on the other States should be reduced to the same standard.
互惠原则似乎要求其对其他国家的义务应降低到同样的标准。
A compact between independent sovereigns, founded on ordinary acts of legislative authority, can pretend to no higher validity than a league or treaty between the parties.
独立主权国家之间建立在普通立法权行为基础上的契约，其效力并不比各方之间的联盟或条约更高。
It is an established doctrine on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the whole treaty; and that a breach, committed by either of the parties, absolves the others, and authorizes them, if they please, to pronounce the compact violated and void.
关于条约的一个既定原则是，所有条款都是互为条件的；违反任何一项条款即构成违反整个条约；任何一方所犯的违约行为均会免除其他方的责任，并授权他们（如果他们愿意）宣布该协议被违反且无效。
Should it unhappily be necessary to appeal to these delicate truths for a justification for dispensing with the consent of particular States to a dissolution of the federal pact, will not the complaining parties find it a difficult task to answer the MULTIPLIED and IMPORTANT infractions with which they may be confronted?
如果不幸的是，有必要诉诸这些微妙的事实，作为免除特定州同意解散联邦条约的理由，那么投诉方是否会发现回答他们可能面临的多重和重要的违规行为是一项艰巨的任务？
The time has been when it was incumbent on us all to veil the ideas which this paragraph exhibits.
现在是我们所有人都有责任掩盖本段所展示的想法的时候了。
The scene is now changed, and with it the part which the same motives dictate.
现在场景已经改变，同样的动机所支配的部分也随之改变。
The second question is not less delicate; and the flattering prospect of its being merely hypothetical forbids an overcurious discussion of it.
第二个问题也同样微妙。而且它只是假设性的美好前景禁止对它进行过分好奇的讨论。
It is one of those cases which must be left to provide for itself.
这是必须让其自生自灭的情况之一。
In general, it may be observed, that although no political relation can subsist between the assenting and dissenting States, yet the moral relations will remain uncancelled.
一般来说，可以观察到，虽然同意国和反对国之间不能存在政治关系，但道德关系将保持不变。
The claims of justice, both on one side and on the other, will be in force, and must be fulfilled; the rights of humanity must in all cases be duly and mutually respected; whilst considerations of a common interest, and, above all, the remembrance of the endearing scenes which are past, and the anticipation of a speedy triumph over the obstacles to reunion, will, it is hoped, not urge in vain MODERATION on one side, and PRUDENCE on the other.
无论是一方还是另一方，正义的诉求都将有效，并且必须得到实现；在任何情况下，人类权利都必须得到适当和相互尊重；同时，对共同利益的考虑，尤其是对过去可爱场景的回忆，以及对迅速战胜重聚障碍的期待，希望不会徒劳地促使一方面温和，另一方面谨慎。
PUBLIUS
普布利乌斯
FEDERALIST No. 44
联邦党人文集第 44 号
Restrictions on the Authority of the Several States
对几个州的权力的限制
From the New York Packet.
来自纽约邮包。
Friday, January 25, 1788.
1788 年 1 月 25 日，星期五。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
A FIFTH class of provisions in favor of the federal authority consists of the following restrictions on the authority of the several States:
有利于联邦权力的第五类条款包括对几个州权力的以下限制：
1.
1.
"No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver a legal tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility."
“任何国家不得缔结任何条约、联盟或联邦；授予私掠许可证和报复；铸币；发行信用证；将金银以外的任何东西作为偿还债务的法定货币；通过任何剥夺公民权法案、事后法律或损害合同义务的法律；或授予任何贵族头衔。”
The prohibition against treaties, alliances, and confederations makes a part of the existing articles of Union; and for reasons which need no explanation, is copied into the new Constitution.
禁止缔结条约、联盟和邦联成为现行联盟条款的一部分；并出于无需解释的原因被复制到新宪法中。
The prohibition of letters of marque is another part of the old system, but is somewhat extended in the new.
禁止私掠许可证是旧制度的另一部分，但在新制度中有所扩展。
According to the former, letters of marque could be granted by the States after a declaration of war; according to the latter, these licenses must be obtained, as well during war as previous to its declaration, from the government of the United States.
根据前者，各州可以在宣战后授予私掠许可证；根据后者，这些许可证必须从美国政府获得，无论是在战争期间还是在宣战之前。
This alteration is fully justified by the advantage of uniformity in all points which relate to foreign powers; and of immediate responsibility to the nation in all those for whose conduct the nation itself is to be responsible.
这种改变是完全合理的，因为与外国势力有关的所有问题都具有一致性；国家本身应对所有行为负责的人对国家负有直接责任。
The right of coining money, which is here taken from the States, was left in their hands by the Confederation, as a concurrent right with that of Congress, under an exception in favor of the exclusive right of Congress to regulate the alloy and value.
铸币权是从各州手中夺取的，由联邦保留在他们手中，作为与国会的并行权利，但有一个例外，即国会拥有监管合金和价值的专有权利。
In this instance, also, the new provision is an improvement on the old.
在这种情况下，新规定也是对旧规定的改进。
Whilst the alloy and value depended on the general authority, a right of coinage in the particular States could have no other effect than to multiply expensive mints and diversify the forms and weights of the circulating pieces.
虽然合金和价值取决于一般当局，但特定国家的铸币权除了增加昂贵的铸币厂并使流通铸币的形式和重量多样化之外没有其他作用。
The latter inconveniency defeats one purpose for which the power was originally submitted to the federal head; and as far as the former might prevent an inconvenient remittance of gold and silver to the central mint for recoinage, the end can be as well attained by local mints established under the general authority.
后者的不便违背了最初将权力提交给联邦元首的一个目的；前者可能会阻止金银不方便地汇往中央造币厂重新铸币，但总局下设立的地方造币厂也可以达到这一目的。
The extension of the prohibition to bills of credit must give pleasure to every citizen, in proportion to his love of justice and his knowledge of the true springs of public prosperity.
将禁止范围扩大到信用证必须让每个公民感到高兴，这与他对正义的热爱和对公共繁荣真正源泉的了解成正比。
The loss which America has sustained since the peace, from the pestilent effects of paper money on the necessary confidence between man and man, on the necessary confidence in the public councils, on the industry and morals of the people, and on the character of republican government, constitutes an enormous debt against the States chargeable with this unadvised measure, which must long remain unsatisfied; or rather an accumulation of guilt, which can be expiated no otherwise than by a voluntary sacrifice on the altar of justice, of the power which has been the instrument of it.
自和平以来，纸币对人与人之间必要的信任、对公共议会的必要信任、对人民的勤奋和道德以及对共和政府的性质的有害影响，给美国造成了巨大的损失，对那些因这种不明智的措施负责的国家构成了巨大的债务，而这些债务必须长期得不到满足；或者更确切地说，罪孽的积累，除了在正义的祭坛上自愿牺牲作为正义工具的权力之外，没有其他办法可以弥补。
In addition to these persuasive considerations, it may be observed, that the same reasons which show the necessity of denying to the States the power of regulating coin, prove with equal force that they ought not to be at liberty to substitute a paper medium in the place of coin.
除了这些有说服力的考虑之外，我们还可以观察到，表明有必要拒绝各州管理硬币的权力的同样理由，同样有力地证明，它们不应该随意用纸质媒介来代替硬币。
Had every State a right to regulate the value of its coin, there might be as many different currencies as States, and thus the intercourse among them would be impeded; retrospective alterations in its value might be made, and thus the citizens of other States be injured, and animosities be kindled among the States themselves.
如果每个国家都有权调节其硬币的价值，那么可能会有与国家一样多的不同货币，因此它们之间的交流就会受到阻碍；其价值可能会发生追溯性改变，从而使其他国家的公民受到伤害，并在各国之间激起敌意。
The subjects of foreign powers might suffer from the same cause, and hence the Union be discredited and embroiled by the indiscretion of a single member.
外国列强的臣民可能会因同样的原因而遭受苦难，因此，联盟会因单个成员的轻率行为而名誉扫地并卷入其中。
No one of these mischiefs is less incident to a power in the States to emit paper money, than to coin gold or silver.
对于美国发行纸币的国家来说，这些恶作剧中的任何一个都比铸造金银的国家更容易发生。
The power to make any thing but gold and silver a tender in payment of debts, is withdrawn from the States, on the same principle with that of issuing a paper currency.
按照与发行纸币相同的原则，各州不再有权将除黄金和白银以外的任何东西作为偿还债务的货币。
Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation.
剥夺公民权利的法案、事后法律以及损害合同义务的法律，都违背了社会契约的首要原则，也违背了健全立法的每一项原则。
The two former are expressly prohibited by the declarations prefixed to some of the State constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters.
前两种行为受到一些州宪法前缀声明的明确禁止，并且所有这些行为都受到这些基本宪章的精神和范围的禁止。
Our own experience has taught us, nevertheless, that additional fences against these dangers ought not to be omitted.
然而，我们自己的经验告诉我们，不应忽视针对这些危险的额外防护措施。
Very properly, therefore, have the convention added this constitutional bulwark in favor of personal security and private rights; and I am much deceived if they have not, in so doing, as faithfully consulted the genuine sentiments as the undoubted interests of their constituents.
因此，大会非常恰当地增加了这一有利于个人安全和私人权利的宪法堡垒。如果他们在这样做时没有忠实地考虑选民的真实情感和无疑的利益，那么我就大受欺骗了。
The sober people of America are weary of the fluctuating policy which has directed the public councils.
清醒的美国人民厌倦了公共委员会指导的反复无常的政策。
They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community.
他们遗憾和愤慨地看到，突然的变化和立法干预，在影响个人权利的情况下，成为有进取心和有影响力的投机者的工作，并为社会上更勤奋和消息较少的部分带来了陷阱。
They have seen, too, that one legislative interference is but the first link of a long chain of repetitions, every subsequent interference being naturally produced by the effects of the preceding.
他们还看到，一次立法干预只是一长串重复的第一个环节，随后的每一次干预都是由前一次干预的影响自然产生的。
They very rightly infer, therefore, that some thorough reform is wanting, which will banish speculations on public measures, inspire a general prudence and industry, and give a regular course to the business of society.
因此，他们非常正确地推断，需要进行一些彻底的改革，这将消除对公共措施的投机，激发普遍的谨慎和勤奋，并使社会事务步入正常轨道。
The prohibition with respect to titles of nobility is copied from the articles of Confederation and needs no comment.
关于贵族头衔的禁令是从联邦条款中抄袭过来的，无需评论。
2.
2.
"No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
“未经国会同意，任何州不得对进口或出口征收任何关税，除非执行其检验法绝对必要，任何州对进口或出口征收的所有关税和关税的净结果应供美国财政部使用；所有此类法律均应接受国会的修订和控制。
No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war unless actually invaded, or in such imminent danger as will not admit of delay."
未经国会同意，任何国家不得对吨位征收任何关税，在和平时期保留军队或战舰，与其他国家或外国势力签订任何协议或契约，或参与战争，除非实际受到入侵，或面临不容拖延的迫在眉睫的危险。”
The restraint on the power of the States over imports and exports is enforced by all the arguments which prove the necessity of submitting the regulation of trade to the federal councils.
所有证明有必要向联邦委员会提交贸易监管的论据都加强了对各州进出口权力的限制。
It is needless, therefore, to remark further on this head, than that the manner in which the restraint is qualified seems well calculated at once to secure to the States a reasonable discretion in providing for the conveniency of their imports and exports, and to the United States a reasonable check against the abuse of this discretion.
因此，无需进一步评论这一点，限制限制的方式似乎是经过深思熟虑的，既可以确保各州在为其进出口提供便利方面拥有合理的自由裁量权，又可以确保美国对滥用这种自由裁量权进行合理的制衡。
The remaining particulars of this clause fall within reasonings which are either so obvious, or have been so fully developed, that they may be passed over without remark.
本条款的其余细节属于非常明显或已经充分发展的推理范围，因此可以不加评论地忽略它们。
The SIXTH and last class consists of the several powers and provisions by which efficacy is given to all the rest.
第六类也是最后一类由若干权力和规定组成，通过这些权力和规定赋予其余所有权力和规定效力。
1.
1.
Of these the first is, the "power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
其中第一个是“制定执行上述权力以及本宪法赋予美国政府或其任何部门或官员的所有其他权力所必需和适当的所有法律的权力”。
Few parts of the Constitution have been assailed with more intemperance than this; yet on a fair investigation of it, no part can appear more completely invulnerable.
宪法中很少有部分比这更受到不节制的攻击。然而，如果对它进行公正的调查，就会发现没有哪个部分比它更完全无懈可击了。
Without the SUBSTANCE of this power, the whole Constitution would be a dead letter.
如果没有这种权力的实质内容，整个宪法就只是一纸空文。
Those who object to the article, therefore, as a part of the Constitution, can only mean that the FORM of the provision is improper.
因此，那些反对该条款作为宪法一部分的人只能说该条款的形式不恰当。
But have they considered whether a better form could have been substituted?
但他们是否考虑过是否可以用更好的形式来替代？
There are four other possible methods which the Constitution might have taken on this subject.
宪法在这个问题上可能采取其他四种可能的方法。
They might have copied the second article of the existing Confederation, which would have prohibited the exercise of any power not EXPRESSLY delegated; they might have attempted a positive enumeration of the powers comprehended under the general terms "necessary and proper"; they might have attempted a negative enumeration of them, by specifying the powers excepted from the general definition; they might have been altogether silent on the subject, leaving these necessary and proper powers to construction and inference.
他们可能抄袭了现有联邦的第二条，该条禁止行使任何未明确授权的权力；他们可能试图积极列举“必要和适当”一般术语下所包含的权力；他们可能试图通过具体说明一般定义中排除的权力来对它们进行否定列举；他们可能在这个问题上完全保持沉默，将这些必要和适当的权力留给构建和推理。
Had the convention taken the first method of adopting the second article of Confederation, it is evident that the new Congress would be continually exposed, as their predecessors have been, to the alternative of construing the term "EXPRESSLY" with so much rigor, as to disarm the government of all real authority whatever, or with so much latitude as to destroy altogether the force of the restriction.
如果制宪会议采取第一种方法通过联邦第二条，很明显，新国会将像其前任一样，不断面临两种选择：要么以如此严格的方式解释“明确”一词，以解除政府所有真正的权力，要么以如此大的自由度来完全摧毁限制的力量。
It would be easy to show, if it were necessary, that no important power, delegated by the articles of Confederation, has been or can be executed by Congress, without recurring more or less to the doctrine of CONSTRUCTION or IMPLICATION.
如果有必要的话，很容易证明，在不或多或少地重复解释或暗示的原则的情况下，国会已经或可以执行联邦条款所授予的任何重要权力。
As the powers delegated under the new system are more extensive, the government which is to administer it would find itself still more distressed with the alternative of betraying the public interests by doing nothing, or of violating the Constitution by exercising powers indispensably necessary and proper, but, at the same time, not EXPRESSLY granted.
由于新制度下授予的权力更加广泛，管理它的政府会发现自己更加苦恼，要么袖手旁观，背叛公共利益，要么违反宪法，行使必要和适当的权力，但同时又没有明确授予权力。
Had the convention attempted a positive enumeration of the powers necessary and proper for carrying their other powers into effect, the attempt would have involved a complete digest of laws on every subject to which the Constitution relates; accommodated too, not only to the existing state of things, but to all the possible changes which futurity may produce; for in every new application of a general power, the PARTICULAR POWERS, which are the means of attaining the OBJECT of the general power, must always necessarily vary with that object, and be often properly varied whilst the object remains the same.
如果制宪会议试图积极列举行使其他权力所必需和适当的权力，那么这种尝试将涉及对宪法所涉及的每个主题的法律的完整摘要；不仅适应事物的现有状态，而且适应未来可能产生的所有可能的变化；因为在一般权力的每一个新的应用中，作为实现一般权力目标的手段的特殊权力必须总是必然随着该目标而变化，并且经常在目标保持不变的情况下进行适当的变化。
Had they attempted to enumerate the particular powers or means not necessary or proper for carrying the general powers into execution, the task would have been no less chimerical; and would have been liable to this further objection, that every defect in the enumeration would have been equivalent to a positive grant of authority.
如果他们试图列举那些对于执行一般权力而言不必要或不适当的特定权力或手段，那么这项任务也同样是空想；并且可能会受到进一步的反对意见，即枚举中的每一个缺陷都相当于积极的授权。
If, to avoid this consequence, they had attempted a partial enumeration of the exceptions, and described the residue by the general terms, NOT NECESSARY OR PROPER, it must have happened that the enumeration would comprehend a few of the excepted powers only; that these would be such as would be least likely to be assumed or tolerated, because the enumeration would of course select such as would be least necessary or proper; and that the unnecessary and improper powers included in the residuum, would be less forcibly excepted, than if no partial enumeration had been made.
如果为了避免这种后果，他们试图对例外情况进行部分列举，并用一般术语描述剩余部分，而不是必要的或适当的，那么这种列举一定会只涵盖少数例外的权力；这些将是最不可能被假设或容忍的，因为枚举当然会选择最不需要或最不适当的；与不进行部分列举相比，剩余权力中包含的不必要和不适当的权力将不会被强行排除。
Had the Constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing the general powers would have resulted to the government, by unavoidable implication.
如果宪法在这一点上保持沉默，毫无疑问，作为执行一般权力的手段所必需的所有特殊权力都会不可避免地归于政府。
No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included.
法律或理性中最明确的公理是：无论何时需要达到目的，手段都是被授权的；只要给予做某事的一般权力，就包括做这件事所需的每一项特定权力。
Had this last method, therefore, been pursued by the convention, every objection now urged against their plan would remain in all its plausibility; and the real inconveniency would be incurred of not removing a pretext which may be seized on critical occasions for drawing into question the essential powers of the Union.
因此，如果制宪会议采用最后一种方法，那么现在针对他们的计划提出的每一个反对意见都将保持其合理性。如果不消除在关键时刻可能被用来质疑欧盟基本权力的借口，将会带来真正的不便。
If it be asked what is to be the consequence, in case the Congress shall misconstrue this part of the Constitution, and exercise powers not warranted by its true meaning, I answer, the same as if they should misconstrue or enlarge any other power vested in them; as if the general power had been reduced to particulars, and any one of these were to be violated; the same, in short, as if the State legislatures should violate the irrespective constitutional authorities.
如果有人问，如果国会误解了宪法的这一部分，并行使了不符合其真实含义的权力，会产生什么后果，我的回答是，就像他们误解或扩大了赋予他们的任何其他权力一样；就好像一般权力被简化为细节，其中任何一项都将受到侵犯；简而言之，就好像州立法机关应该违反任何宪法权力一样。
In the first instance, the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in the last resort a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers.
首先，篡夺的成功取决于行政和司法部门对立法行为的阐述和实施；最后，必须从人民那里获得补救办法，人民可以通过选举更忠实的代表来废除篡夺者的行为。
The truth is, that this ultimate redress may be more confided in against unconstitutional acts of the federal than of the State legislatures, for this plain reason, that as every such act of the former will be an invasion of the rights of the latter, these will be ever ready to mark the innovation, to sound the alarm to the people, and to exert their local influence in effecting a change of federal representatives.
事实是，对于联邦的违宪行为，这种最终的补救措施可能比州立法机构更可靠，因为一个简单的原因是，由于前者的每一次此类行为都将侵犯后者的权利，因此州立法机构将时刻准备着标志着创新，向人民敲响警钟，并在实现联邦代表更迭方面发挥其地方影响力。
There being no such intermediate body between the State legislatures and the people interested in watching the conduct of the former, violations of the State constitutions are more likely to remain unnoticed and unredressed.
在州立法机构和有兴趣监督州立法机构行为的人们之间没有这样的中间机构，违反州宪法的行为更有可能不被注意到和得不到纠正。
2.
2.
"This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding."
“本宪法和根据本宪法制定的合众国法律，以及在合众国权力下制定的或将制定的所有条约，应成为国家的最高法律，每个州的法官均应受其约束，无论任何州的宪法或法律中有任何相反的规定。”
The indiscreet zeal of the adversaries to the Constitution has betrayed them into an attack on this part of it also, without which it would have been evidently and radically defective.
宪法反对者的不明智的热情也背叛了他们对宪法的这一部分的攻击，否则宪法就会有明显的、根本性的缺陷。
To be fully sensible of this, we need only suppose for a moment that the supremacy of the State constitutions had been left complete by a saving clause in their favor.
为了充分认识到这一点，我们只需要暂时假设，州宪法的至高无上地位已经被一项有利于州宪法的保留条款所保留。
In the first place, as these constitutions invest the State legislatures with absolute sovereignty, in all cases not excepted by the existing articles of Confederation, all the authorities contained in the proposed Constitution, so far as they exceed those enumerated in the Confederation, would have been annulled, and the new Congress would have been reduced to the same impotent condition with their predecessors.
首先，由于这些宪法赋予各州立法机关绝对的主权，在所有情况下，除了现有的邦联条款之外，拟议宪法中所包含的所有权力，只要超出了邦联所列举的权力，都将被废除，新的国会也将陷入与前任国会同样无能为力的境地。
In the next place, as the constitutions of some of the States do not even expressly and fully recognize the existing powers of the Confederacy, an express saving of the supremacy of the former would, in such States, have brought into question every power contained in the proposed Constitution.
其次，由于一些州的宪法甚至没有明确和充分地承认邦联的现有权力，因此在这些州中，明确保留前者的至高无上地位将使拟议宪法中包含的每一项权力都受到质疑。
In the third place, as the constitutions of the States differ much from each other, it might happen that a treaty or national law, of great and equal importance to the States, would interfere with some and not with other constitutions, and would consequently be valid in some of the States, at the same time that it would have no effect in others.
第三，由于各州的宪法彼此差异很大，因此可能会发生这样的情况：一项对各州同等重要的条约或国内法会干扰某些州的宪法而不是其他州的宪法，因此在某些州有效，同时在其他州无效。
In fine, the world would have seen, for the first time, a system of government founded on an inversion of the fundamental principles of all government; it would have seen the authority of the whole society every where subordinate to the authority of the parts; it would have seen a monster, in which the head was under the direction of the members.
总而言之，世界将第一次看到一个建立在颠覆所有政府基本原则之上的政府体系；它会看到整个社会的权威在任何地方都服从于各部分的权威。它会看到一个怪物，其中的头在成员的指挥下。
3.
3.
"The Senators and Representatives, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and the several States, shall be bound by oath or affirmation to support this Constitution."
“美国和各州的参议员和众议员、各州立法机构的成员以及所有行政和司法官员，均应宣誓或宣誓支持本宪法。”
It has been asked why it was thought necessary, that the State magistracy should be bound to support the federal Constitution, and unnecessary that a like oath should be imposed on the officers of the United States, in favor of the State constitutions.
有人问，为什么认为州行政长官有必要支持联邦宪法，而没有必要对美国官员进行类似的宣誓，以支持州宪法。
Several reasons might be assigned for the distinction.
这种区别可能有几个原因。
I content myself with one, which is obvious and conclusive.
我对其中一个感到满意，这是显而易见且具有决定性的。
The members of the federal government will have no agency in carrying the State constitutions into effect.
联邦政府成员没有任何机构来执行州宪法。
The members and officers of the State governments, on the contrary, will have an essential agency in giving effect to the federal Constitution.
相反，州政府的成员和官员将拥有一个重要的机构来实施联邦宪法。
The election of the President and Senate will depend, in all cases, on the legislatures of the several States.
在任何情况下，总统和参议院的选举都将取决于几个州的立法机构。
And the election of the House of Representatives will equally depend on the same authority in the first instance; and will, probably, forever be conducted by the officers, and according to the laws, of the States.
众议院的选举首先同样取决于同一权力机构；并且很可能将永远由各州官员根据法律进行。
4.
4.
Among the provisions for giving efficacy to the federal powers might be added those which belong to the executive and judiciary departments: but as these are reserved for particular examination in another place, I pass them over in this.
在赋予联邦权力效力的条款中，可能会增加属于行政和司法部门的条款：但由于这些条款是保留给其他地方专门审查的，所以我在这里略过它们。
We have now reviewed, in detail, all the articles composing the sum or quantity of power delegated by the proposed Constitution to the federal government, and are brought to this undeniable conclusion, that no part of the power is unnecessary or improper for accomplishing the necessary objects of the Union.
我们现在已经详细审查了构成拟议宪法授予联邦政府的权力总量或数量的所有条款，并得出了这一不可否认的结论，即没有任何部分权力对于实现联邦的必要目标是不必要或不适当的。
The question, therefore, whether this amount of power shall be granted or not, resolves itself into another question, whether or not a government commensurate to the exigencies of the Union shall be established; or, in other words, whether the Union itself shall be preserved.
因此，是否应授予这一权力的问题本身就转化为另一个问题：是否应建立一个与联盟的迫切需要相称的政府；或者，换句话说，联盟本身是否应该被保留。
PUBLIUS
普布利乌斯
FEDERALIST No. 45
联邦党人文集第 45 号
The Alleged Danger From the Powers of the Union to the State Governments.
所谓的联邦权力对州政府的危险。
Considered For the Independent Journal.
考虑为独立期刊。
Saturday, January 26, 1788
1788 年 1 月 26 日，星期六
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
HAVING shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is, whether the whole mass of them will be dangerous to the portion of authority left in the several States.
在表明移交给联邦政府的任何一项权力都是不必要或不适当的之后，下一个要考虑的问题是，所有这些权力是否会对留在几个州的权力构成危险。
The adversaries to the plan of the convention, instead of considering in the first place what degree of power was absolutely necessary for the purposes of the federal government, have exhausted themselves in a secondary inquiry into the possible consequences of the proposed degree of power to the governments of the particular States.
制宪会议计划的反对者没有首先考虑为了联邦政府的目的绝对需要何种程度的权力，而是在对所提议的权力程度对特定州政府可能产生的后果进行二次调查时耗尽了自己的精力。
But if the Union, as has been shown, be essential to the security of the people of America against foreign danger; if it be essential to their security against contentions and wars among the different States; if it be essential to guard them against those violent and oppressive factions which embitter the blessings of liberty, and against those military establishments which must gradually poison its very fountain; if, in a word, the Union be essential to the happiness of the people of America, is it not preposterous, to urge as an objection to a government, without which the objects of the Union cannot be attained, that such a government may derogate from the importance of the governments of the individual States?
但如果正如已经表明的那样，联邦对于美国人民免受外国威胁的安全至关重要；如果这对于他们免受不同国家之间的争端和战争的安全至关重要；如果有必要保护他们免受那些使自由的祝福变得痛苦的暴力和压迫派别的侵害，并防止那些必须逐渐毒害自由源泉的军事机构；总而言之，如果联邦对美国人民的幸福至关重要，那么作为对一个政府的反对意见，如果没有它就无法实现联邦的目标，而敦促这样一个政府可能会削弱各个州政府的重要性，这不是荒谬的吗？
Was, then, the American Revolution effected, was the American Confederacy formed, was the precious blood of thousands spilt, and the hard-earned substance of millions lavished, not that the people of America should enjoy peace, liberty, and safety, but that the government of the individual States, that particular municipal establishments, might enjoy a certain extent of power, and be arrayed with certain dignities and attributes of sovereignty?
那么，美国革命的发生、美国邦联的成立、成千上万人的宝贵鲜血的流淌、数百万人辛苦赚来的物质的挥霍，不是为了让美国人民享有和平、自由和安全，而是让各个州的政府、特定的市政机构可以享有一定程度的权力，并赋予一定的尊严和主权属性吗？
We have heard of the impious doctrine in the Old World, that the people were made for kings, not kings for the people.
我们听说过旧世界的不敬教义，即人民是为国王而生，而不是国王为人民而生。
Is the same doctrine to be revived in the New, in another shape that the solid happiness of the people is to be sacrificed to the views of political institutions of a different form?
同样的学说是否会在新政中以另一种形式复兴，即为了不同形式的政治机构的观点而牺牲人民的坚实幸福？
It is too early for politicians to presume on our forgetting that the public good, the real welfare of the great body of the people, is the supreme object to be pursued; and that no form of government whatever has any other value than as it may be fitted for the attainment of this object.
政客们现在就认为我们忘记了公共利益、广大人民的真正福祉是我们追求的最高目标，这还为时过早。任何形式的政府除了适合实现这一目标之外，没有任何其他价值。
Were the plan of the convention adverse to the public happiness, my voice would be, Reject the plan.
如果大会的计划不利于公众的幸福，我的声音将是：拒绝该计划。
Were the Union itself inconsistent with the public happiness, it would be, Abolish the Union.
如果联邦本身与公众幸福不一致，那就是废除联邦。
In like manner, as far as the sovereignty of the States cannot be reconciled to the happiness of the people, the voice of every good citizen must be, Let the former be sacrificed to the latter.
同样，只要国家的主权与人民的幸福不能调和，每个好公民的声音就必须是：让前者为后者而牺牲。
How far the sacrifice is necessary, has been shown.
已经表明了需要做出多大的牺牲。
How far the unsacrificed residue will be endangered, is the question before us.
未牺牲的残余物将受到多大程度的威胁，是摆在我们面前的问题。
Several important considerations have been touched in the course of these papers, which discountenance the supposition that the operation of the federal government will by degrees prove fatal to the State governments.
这些论文涉及了几个重要的考虑因素，这些考虑因素否定了联邦政府的运作将在一定程度上对州政府造成致命影响的假设。
The more I revolve the subject, the more fully I am persuaded that the balance is much more likely to be disturbed by the preponderancy of the last than of the first scale.
我越深入地思考这个问题，我就越确信最后一个尺度的优势比第一个尺度的优势更有可能扰乱平衡。
We have seen, in all the examples of ancient and modern confederacies, the strongest tendency continually betraying itself in the members, to despoil the general government of its authorities, with a very ineffectual capacity in the latter to defend itself against the encroachments.
我们已经看到，在古代和现代联盟的所有例子中，最强烈的倾向是其成员不断背叛自己，掠夺其权威的总政府，而后者在抵御侵犯方面却缺乏有效的能力。
Although, in most of these examples, the system has been so dissimilar from that under consideration as greatly to weaken any inference concerning the latter from the fate of the former, yet, as the States will retain, under the proposed Constitution, a very extensive portion of active sovereignty, the inference ought not to be wholly disregarded.
尽管在这些例子中的大多数中，该制度与正在考虑的制度非常不同，以至于极大地削弱了从前者的命运中对后者的任何推论，但是，由于根据拟议的宪法，各州将保留非常广泛的主动主权，因此不应完全忽视这一推论。
In the Achaean league it is probable that the federal head had a degree and species of power, which gave it a considerable likeness to the government framed by the convention.
在亚该亚联盟中，联邦元首很可能拥有一定程度和种类的权力，这使其与公约所构建的政府非常相似。
The Lycian Confederacy, as far as its principles and form are transmitted, must have borne a still greater analogy to it.
就其所传承的原则和形式而言，利西亚联盟肯定与它有更大的相似之处。
Yet history does not inform us that either of them ever degenerated, or tended to degenerate, into one consolidated government.
然而历史并没有告诉我们，它们中的任何一个曾经退化或倾向于退化为一个统一的政府。
On the contrary, we know that the ruin of one of them proceeded from the incapacity of the federal authority to prevent the dissensions, and finally the disunion, of the subordinate authorities.
相反，我们知道，其中一个的垮台是由于联邦当局无力阻止下属当局的分歧，最终导致分裂。
These cases are the more worthy of our attention, as the external causes by which the component parts were pressed together were much more numerous and powerful than in our case; and consequently less powerful ligaments within would be sufficient to bind the members to the head, and to each other.
这些案例更值得我们关注，因为将组成部分压在一起的外因比我们的案例要多得多、强大得多；因此，内部较弱的韧带就足以将各个部件连接到头部以及彼此之间。
In the feudal system, we have seen a similar propensity exemplified.
在封建制度中，我们也看到了类似的倾向。
Notwithstanding the want of proper sympathy in every instance between the local sovereigns and the people, and the sympathy in some instances between the general sovereign and the latter, it usually happened that the local sovereigns prevailed in the rivalship for encroachments.
尽管地方君主和人民之间在任何情况下都缺乏适当的同情，在某些情况下总君主和一般君主之间也缺乏适当的同情，但在侵犯行为的竞争中，通常会发生地方君主占上风的情况。
Had no external dangers enforced internal harmony and subordination, and particularly, had the local sovereigns possessed the affections of the people, the great kingdoms in Europe would at this time consist of as many independent princes as there were formerly feudatory barons.
如果没有外在的危险迫使内部和谐与从属，特别是如果地方君主得到了人民的爱戴，欧洲的各大王国此时将由像以前的封建贵族一样多的独立君主组成。
The State governments will have the advantage of the Federal government, whether we compare them in respect to the immediate dependence of the one on the other; to the weight of personal influence which each side will possess; to the powers respectively vested in them; to the predilection and probable support of the people; to the disposition and faculty of resisting and frustrating the measures of each other.
州政府将拥有联邦政府的优势，无论我们是否就州政府对另一州政府的直接依赖性进行比较；双方所拥有的个人影响力的大小；分别赋予他们的权力；人民的偏爱和可能的支持；抵制和挫败对方措施的性格和能力。
The State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former.
州政府可被视为联邦政府的组成部分和重要组成部分；而后者现在对于前者的运作或组织来说是必不可少的。
Without the intervention of the State legislatures, the President of the United States cannot be elected at all.
没有州立法机关的干预，美国总统根本无法选举。
They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it.
在任何情况下，他们都必须在他的任命中发挥很大的作用，并且也许在大多数情况下，他们自己会做出决定。
The Senate will be elected absolutely and exclusively by the State legislatures.
参议院将由州立法机构绝对且排他性地选举产生。
Even the House of Representatives, though drawn immediately from the people, will be chosen very much under the influence of that class of men, whose influence over the people obtains for themselves an election into the State legislatures.
即使是众议院，虽然直接从人民中选出，但也会在很大程度上受到该阶层人士的影响，他们对人民的影响力使他们自己获得了进入州立法机构的机会。
Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them.
因此，联邦政府的每个主要部门的存在都或多或少地受到州政府的青睐，因此必然感到依赖，这更有可能导致对州政府过于谄媚而不是过于专横。
On the other side, the component parts of the State governments will in no instance be indebted for their appointment to the direct agency of the federal government, and very little, if at all, to the local influence of its members.
另一方面，州政府的组成部分在任何情况下都不会因为被任命为联邦政府的直接机构而受到影响，而且也很少（如果有的话）受到其成员在当地的影响力。
The number of individuals employed under the Constitution of the United States will be much smaller than the number employed under the particular States.
美国宪法规定的就业人数将比特定州的就业人数少得多。
There will consequently be less of personal influence on the side of the former than of the latter.
因此，前者的个人影响力将小于后者。
The members of the legislative, executive, and judiciary departments of thirteen and more States, the justices of peace, officers of militia, ministerial officers of justice, with all the county, corporation, and town officers, for three millions and more of people, intermixed, and having particular acquaintance with every class and circle of people, must exceed, beyond all proportion, both in number and influence, those of every description who will be employed in the administration of the federal system.
十三个及以上州的立法、行政和司法部门的成员、治安法官、民兵军官、司法部级官员以及所有县、公司和城镇的官员，三百万甚至更多的人，他们混合在一起，并且特别熟悉各个阶级和阶层的人，他们在数量和影响力上都必须远远超过将受雇于联邦系统管理的各种人员。
Compare the members of the three great departments of the thirteen States, excluding from the judiciary department the justices of peace, with the members of the corresponding departments of the single government of the Union; compare the militia officers of three millions of people with the military and marine officers of any establishment which is within the compass of probability, or, I may add, of possibility, and in this view alone, we may pronounce the advantage of the States to be decisive.
将十三个州三大部门的成员（不包括司法部门的太平绅士）与联邦单一政府相应部门的成员进行比较；将三百万人的民兵军官与任何机构的军事和海军军官进行比较，这是在概率范围内，或者我可以补充说，可能性的范围内，仅凭这一观点，我们就可以断言国家的优势是决定性的。
If the federal government is to have collectors of revenue, the State governments will have theirs also.
如果联邦政府有税收征收人，州政府也将有税收征收人。
And as those of the former will be principally on the seacoast, and not very numerous, whilst those of the latter will be spread over the face of the country, and will be very numerous, the advantage in this view also lies on the same side.
由于前者主要分布在沿海地区，数量不多，而后者则分布在整个国家，数量也非常多，所以这种观点的优势也属于同一方。
It is true, that the Confederacy is to possess, and may exercise, the power of collecting internal as well as external taxes throughout the States; but it is probable that this power will not be resorted to, except for supplemental purposes of revenue; that an option will then be given to the States to supply their quotas by previous collections of their own; and that the eventual collection, under the immediate authority of the Union, will generally be made by the officers, and according to the rules, appointed by the several States.
确实，邦联拥有并可以行使在各州征收内部和外部税收的权力；但很可能不会诉诸这一权力，除非是为了补充收入；然后，各国可以选择通过自己以前的征收来提供配额；最终的收集工作将在联盟的直接领导下，一般由几个州任命的官员根据规则进行。
Indeed it is extremely probable, that in other instances, particularly in the organization of the judicial power, the officers of the States will be clothed with the correspondent authority of the Union.
事实上，在其他情况下，特别是在司法权力的组织中，各州官员极有可能拥有联邦的相应权力。
Should it happen, however, that separate collectors of internal revenue should be appointed under the federal government, the influence of the whole number would not bear a comparison with that of the multitude of State officers in the opposite scale.
然而，如果联邦政府单独任命内部收入征收者，那么其整体影响力就无法与相反规模的众多州官员的影响力相提并论。
Within every district to which a federal collector would be allotted, there would not be less than thirty or forty, or even more, officers of different descriptions, and many of them persons of character and weight, whose influence would lie on the side of the State.
在联邦收税员分配到的每个地区中，都会有不少于三十或四十名，甚至更多的不同类型的官员，其中许多人是有品格和重量的人物，他们的影响力会站在州一边。
The powers delegated by the proposed Constitution to the federal government, are few and defined.
拟议宪法授予联邦政府的权力很少且明确。
Those which are to remain in the State governments are numerous and indefinite.
那些留在州政府的人数量众多且无限期。
The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
前者主要针对外部目标，如战争、和平、谈判和对外贸易；税收权力在很大程度上与最后一项有关。
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
保留给几个州的权力将延伸到在日常事务中涉及人民的生命、自由和财产以及国家的内部秩序、进步和繁荣的所有目标。
The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security.
在战争和危险时期，联邦政府的行动将是最广泛和最重要的；在和平与安全时期，州政府的职责。
As the former periods will probably bear a small proportion to the latter, the State governments will here enjoy another advantage over the federal government.
由于前者可能只占后者的一小部分，因此州政府将比联邦政府享有另一个优势。
The more adequate, indeed, the federal powers may be rendered to the national defense, the less frequent will be those scenes of danger which might favor their ascendancy over the governments of the particular States.
事实上，联邦赋予国防的权力越充分，那些可能有利于联邦凌驾于特定州政府之上的危险场景就越少出现。
If the new Constitution be examined with accuracy and candor, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union, than in the invigoration of its ORIGINAL POWERS.
如果准确而坦诚地审查新宪法，就会发现它所提议的变革与其说是为联盟增加新权力，不如说是赋予其原有权力以活力。
The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose, and from which no apprehensions are entertained.
诚然，商业监管是一种新的力量。但这一补充似乎很少有人反对，也没有人对此感到担忧。
The powers relating to war and peace, armies and fleets, treaties and finance, with the other more considerable powers, are all vested in the existing Congress by the articles of Confederation.
与战争与和平、陆军和舰队、条约和财政有关的权力以及其他更重要的权力，均由联邦条款赋予现有的国会。
The proposed change does not enlarge these powers; it only substitutes a more effectual mode of administering them.
拟议的变更不会扩大这些权力；它只是替代了更有效的管理方式。
The change relating to taxation may be regarded as the most important; and yet the present Congress have as complete authority to REQUIRE of the States indefinite supplies of money for the common defense and general welfare, as the future Congress will have to require them of individual citizens; and the latter will be no more bound than the States themselves have been, to pay the quotas respectively taxed on them.
与税收相关的变化可能被认为是最重要的；然而，本届国会拥有完全的权力，可以要求各州为共同国防和公共福利无限期地提供资金，就像未来的国会必须要求个别公民提供资金一样；后者将不会比各州本身更有义务缴纳各自征税的配额。
Had the States complied punctually with the articles of Confederation, or could their compliance have been enforced by as peaceable means as may be used with success towards single persons, our past experience is very far from countenancing an opinion, that the State governments would have lost their constitutional powers, and have gradually undergone an entire consolidation.
如果各州及时遵守联邦条款，或者能够通过对个人成功使用的和平手段来强制遵守这些条款，我们过去的经验就远远不能支持这样一种观点，即各州政府将失去其宪法权力，并逐渐经历全面巩固。
To maintain that such an event would have ensued, would be to say at once, that the existence of the State governments is incompatible with any system whatever that accomplishes the essential purposes of the Union.
坚持认为这样的事件会随之发生，就等于立即说，州政府的存在与任何实现联邦基本目的的制度都不相容。
PUBLIUS
普布利乌斯
FEDERALIST No. 46
联邦党人文集第 46 号
The Influence of the State and Federal Governments Compared
州政府和联邦政府的影响力比较
From the New York Packet.
来自纽约邮包。
Tuesday, January 29, 1788.
1788 年 1 月 29 日，星期二。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
RESUMING the subject of the last paper, I proceed to inquire whether the federal government or the State governments will have the advantage with regard to the predilection and support of the people.
回到上一篇文章的主题，我继续询问联邦政府还是州政府在人民的偏爱和支持方面是否具有优势。
Notwithstanding the different modes in which they are appointed, we must consider both of them as substantially dependent on the great body of the citizens of the United States.
尽管他们的任命方式不同，但我们必须认为他们都在很大程度上依赖于美国公民的广大群体。
I assume this position here as it respects the first, reserving the proofs for another place.
我在这里假设这个立场，因为它尊重第一个，为另一个地方保留证据。
The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes.
事实上，联邦政府和州政府只是人民的不同代理人和受托人，具有不同的权力，并为不同的目的而设计。
The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other.
宪法的反对者在这个问题上的推理似乎完全忽视了人民的利益。并且将这些不同的机构不仅视为相互的竞争对手和敌人，而且在相互篡夺权力的过程中不受任何共同上级的控制。
These gentlemen must here be reminded of their error.
在此必须提醒这些先生们他们的错误。
They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other.
必须告诉他们，无论在哪里找到衍生品，最终的权威都只属于人民，并且它不仅仅取决于不同政府的比较野心或策略，无论其中一个或哪个政府能够以牺牲对方为代价来扩大其管辖范围。
Truth, no less than decency, requires that the event in every case should be supposed to depend on the sentiments and sanction of their common constituents.
真理与正派一样，要求在任何情况下发生的事件都应该取决于其共同选民的情绪和认可。
Many considerations, besides those suggested on a former occasion, seem to place it beyond doubt that the first and most natural attachment of the people will be to the governments of their respective States.
除了以前提出的考虑之外，许多考虑因素似乎毫无疑问地表明，人民首先和最自然的依恋将是他们各自国家的政府。
Into the administration of these a greater number of individuals will expect to rise.
预计会有更多的人加入这些政府。
From the gift of these a greater number of offices and emoluments will flow.
这些礼物将带来更多的职位和薪水。
By the superintending care of these, all the more domestic and personal interests of the people will be regulated and provided for.
通过对这些的监督，人民的所有家庭和个人利益都将得到规范和保障。
With the affairs of these, the people will be more familiarly and minutely conversant.
有了这些事情，老百姓就会更加熟悉、更加熟悉。
And with the members of these, will a greater proportion of the people have the ties of personal acquaintance and friendship, and of family and party attachments; on the side of these, therefore, the popular bias may well be expected most strongly to incline.
而与这些人的成员之间，是否有更多的人具有私交情谊、亲情党情？因此，从这些方面来看，民众的偏见很可能会最强烈地倾向。
Experience speaks the same language in this case.
在这种情况下，经验是相同的。
The federal administration, though hitherto very defective in comparison with what may be hoped under a better system, had, during the war, and particularly whilst the independent fund of paper emissions was in credit, an activity and importance as great as it can well have in any future circumstances whatever.
联邦政府虽然与更好的制度下所希望的相比还存在很大缺陷，但在战争期间，特别是当独立的纸张排放基金处于信用状态时，其活动和重要性与在任何未来情况下都可以发挥的一样大。
It was engaged, too, in a course of measures which had for their object the protection of everything that was dear, and the acquisition of everything that could be desirable to the people at large.
它还采取了一系列措施，其目的是保护一切珍贵的东西，并获得广大人民可能想要的一切。
It was, nevertheless, invariably found, after the transient enthusiasm for the early Congresses was over, that the attention and attachment of the people were turned anew to their own particular governments; that the federal council was at no time the idol of popular favor; and that opposition to proposed enlargements of its powers and importance was the side usually taken by the men who wished to build their political consequence on the prepossessions of their fellow-citizens.
然而，人们总是发现，在早期代表大会的短暂热情结束之后，人民的注意力和依恋又重新转向了他们自己的特定政府。联邦委员会从来都不是大众喜爱的偶像；反对扩大其权力和重要性的提议通常是那些希望将自己的政治影响建立在其同胞的先见之明之上的人所采取的立场。
If, therefore, as has been elsewhere remarked, the people should in future become more partial to the federal than to the State governments, the change can only result from such manifest and irresistible proofs of a better administration, as will overcome all their antecedent propensities.
因此，如果像其他地方所指出的那样，人民将来会更加偏爱联邦政府而不是州政府，那么这种变化只能来自于这种明显且不可抗拒的证据，表明政府有更好的管理，这将克服他们以前的所有倾向。
And in that case, the people ought not surely to be precluded from giving most of their confidence where they may discover it to be most due; but even in that case the State governments could have little to apprehend, because it is only within a certain sphere that the federal power can, in the nature of things, be advantageously administered.
在这种情况下，当然不应该阻止人民在他们认为最有必要的时候给予他们大部分的信任；但即使在这种情况下，各州政府也不必担心，因为从本质上讲，只有在一定范围内，联邦权力才能得到有利的管理。
The remaining points on which I propose to compare the federal and State governments, are the disposition and the faculty they may respectively possess, to resist and frustrate the measures of each other.
我建议比较联邦政府和州政府的其余要点是它们各自可能拥有的抵制和挫败彼此措施的倾向和能力。
It has been already proved that the members of the federal will be more dependent on the members of the State governments, than the latter will be on the former.
事实已经证明，联邦成员对州政府成员的依赖程度要高于州政府成员对前者的依赖程度。
It has appeared also, that the prepossessions of the people, on whom both will depend, will be more on the side of the State governments, than of the federal government.
而且，双方都依赖的人民的偏见似乎将更多地站在州政府一边，而不是联邦政府一边。
So far as the disposition of each towards the other may be influenced by these causes, the State governments must clearly have the advantage.
只要彼此的态度可能受到这些原因的影响，州政府显然就具有优势。
But in a distinct and very important point of view, the advantage will lie on the same side.
但从一个独特且非常重要的角度来看，优势将在于同一方。
The prepossessions, which the members themselves will carry into the federal government, will generally be favorable to the States; whilst it will rarely happen, that the members of the State governments will carry into the public councils a bias in favor of the general government.
成员们自己将带入联邦政府的先入之见通常对各州有利；虽然州政府成员将有利于联邦政府的偏见带入公共委员会，但这种情况很少发生。
A local spirit will infallibly prevail much more in the members of Congress, than a national spirit will prevail in the legislatures of the particular States.
地方精神无疑会在国会议员中占据主导地位，而民族精神则在特定州的立法机构中占据主导地位。
Every one knows that a great proportion of the errors committed by the State legislatures proceeds from the disposition of the members to sacrifice the comprehensive and permanent interest of the State, to the particular and separate views of the counties or districts in which they reside.
大家都知道，州立法机关所犯的错误，很大一部分是由于议员们牺牲国家整体和永久利益的倾向，而导致其所在县或地区的个别和个别观点。
And if they do not sufficiently enlarge their policy to embrace the collective welfare of their particular State, how can it be imagined that they will make the aggregate prosperity of the Union, and the dignity and respectability of its government, the objects of their affections and consultations?
如果他们没有充分扩大其政策以拥抱其特定国家的集体福利，那么如何想象他们将使联邦的总体繁荣及其政府的尊严和受人尊敬成为他们喜爱和协商的对象？
For the same reason that the members of the State legislatures will be unlikely to attach themselves sufficiently to national objects, the members of the federal legislature will be likely to attach themselves too much to local objects.
出于同样的原因，州立法机关的成员不太可能充分关注国家目标，联邦立法机关的成员也可能过于关注地方目标。
The States will be to the latter what counties and towns are to the former.
州对于后者的意义就如同县和城镇对于前者的意义一样。
Measures will too often be decided according to their probable effect, not on the national prosperity and happiness, but on the prejudices, interests, and pursuits of the governments and people of the individual States.
采取措施的决定往往取决于其可能产生的影响，而不是对国家繁荣和幸福的影响，而是对各国政府和人民的偏见、利益和追求的影响。
What is the spirit that has in general characterized the proceedings of Congress?
国会会议的总体特点是什么？
A perusal of their journals, as well as the candid acknowledgments of such as have had a seat in that assembly, will inform us, that the members have but too frequently displayed the character, rather of partisans of their respective States, than of impartial guardians of a common interest; that where on one occasion improper sacrifices have been made of local considerations, to the aggrandizement of the federal government, the great interests of the nation have suffered on a hundred, from an undue attention to the local prejudices, interests, and views of the particular States.
仔细阅读他们的日记，以及在该大会中占有一席之地的人的坦诚致谢，我们就会知道，这些成员过于频繁地表现出各自国家的支持者的性格，而不是共同利益的公正守护者的性格；曾经为了加强联邦政府而对地方考虑做出不适当的牺牲，但由于过分关注特定州的地方偏见、利益和观点，国家的巨大利益受到了数百次的损害。
I mean not by these reflections to insinuate, that the new federal government will not embrace a more enlarged plan of policy than the existing government may have pursued; much less, that its views will be as confined as those of the State legislatures; but only that it will partake sufficiently of the spirit of both, to be disinclined to invade the rights of the individual States, or the prerogatives of their governments.
我的这些反思并不是暗示新联邦政府不会采取比现任政府可能推行的更广泛的政策计划；更不用说，它的观点将像州立法机构的观点一样受到限制；但它只是充分继承了两国的精神，不愿侵犯个别国家的权利或其政府的特权。
The motives on the part of the State governments, to augment their prerogatives by defalcations from the federal government, will be overruled by no reciprocal predispositions in the members.
州政府通过联邦政府的克扣来增强其特权的动机，将因成员中没有互惠倾向而被否决。
Were it admitted, however, that the Federal government may feel an equal disposition with the State governments to extend its power beyond the due limits, the latter would still have the advantage in the means of defeating such encroachments.
然而，如果承认联邦政府可能与州政府有平等的意愿将其权力扩大到超出应有的限度，那么后者在击败此类侵犯方面仍将具有优势。
If an act of a particular State, though unfriendly to the national government, be generally popular in that State and should not too grossly violate the oaths of the State officers, it is executed immediately and, of course, by means on the spot and depending on the State alone.
如果某个国家的一项行为，尽管对国家政府不友好，但在该国普遍受欢迎，并且不应该过于严重地违反国家官员的誓言，那么该行为就会立即执行，当然，是通过当场的方式并仅取决于该国家。
The opposition of the federal government, or the interposition of federal officers, would but inflame the zeal of all parties on the side of the State, and the evil could not be prevented or repaired, if at all, without the employment of means which must always be resorted to with reluctance and difficulty.
联邦政府的反对，或者联邦官员的介入，只会激起各州一方的热情，如果不使用总是不情愿和困难的手段，就无法阻止或修复邪恶，如果有的话。
On the other hand, should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand.
另一方面，如果联邦政府的一项不合理的措施在某些州不受欢迎（这种情况很少会发生），或者即使一项合理的措施不受欢迎（有时可能会出现这种情况），反对它的手段是强大的和唾手可得的。
The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.
民众的不安；他们的反感，也许是拒绝与联盟官员合作；国家行政长官的皱眉；立法手段所造成的尴尬，在任何国家，在这种情况下常常会增加，都将带来不容忽视的困难；在一个大国中会形成非常严重的障碍；如果几个毗邻州的意见恰好一致，就会出现联邦政府很难愿意遇到的障碍。
But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only.
但联邦政府对州政府权威的雄心勃勃的侵犯不会激起单个州或少数几个州的反对。
They would be signals of general alarm.
它们将是普遍警报的信号。
Every government would espouse the common cause.
每个政府都会拥护共同的事业。
A correspondence would be opened.
将打开一封信函。
Plans of resistance would be concerted.
抵抗计划将被协调一致。
One spirit would animate and conduct the whole.
一种精神将激励和引导整体。
The same combinations, in short, would result from an apprehension of the federal, as was produced by the dread of a foreign, yoke; and unless the projected innovations should be voluntarily renounced, the same appeal to a trial of force would be made in the one case as was made in the other.
简而言之，同样的组合将源于对联邦的忧虑，就像对外国枷锁的恐惧所产生的那样。除非自愿放弃所计划的创新，否则在一个案件中将像在另一个案件中一样呼吁进行武力审判。
But what degree of madness could ever drive the federal government to such an extremity.
但究竟疯狂到什么程度才能将联邦政府逼到如此极端的地步呢？
In the contest with Great Britain, one part of the empire was employed against the other.
在与英国的竞争中，帝国的一部分被用来对抗另一部分。
The more numerous part invaded the rights of the less numerous part.
人数较多的一方侵犯了人数较少的一方的权利。
The attempt was unjust and unwise; but it was not in speculation absolutely chimerical.
这种尝试是不公正和不明智的；但这并不是完全空想的猜测。
But what would be the contest in the case we are supposing?
但在我们假设的情况下，竞争会是什么？
Who would be the parties?
当事人会是谁？
A few representatives of the people would be opposed to the people themselves; or rather one set of representatives would be contending against thirteen sets of representatives, with the whole body of their common constituents on the side of the latter.
少数人民代表就会反对人民本身；或者更确切地说，一组代表将与十三组代表竞争，而其共同选民的全体都站在后者一边。
The only refuge left for those who prophesy the downfall of the State governments is the visionary supposition that the federal government may previously accumulate a military force for the projects of ambition.
对于那些预言州政府垮台的人来说，唯一的避难所是一种有远见的假设，即联邦政府可能事先为雄心勃勃的计划积累了一支军事力量。
The reasonings contained in these papers must have been employed to little purpose indeed, if it could be necessary now to disprove the reality of this danger.
如果现在有必要反驳这种危险的现实，那么这些论文中包含的推理肯定没有什么作用。
That the people and the States should, for a sufficient period of time, elect an uninterrupted succession of men ready to betray both; that the traitors should, throughout this period, uniformly and systematically pursue some fixed plan for the extension of the military establishment; that the governments and the people of the States should silently and patiently behold the gathering storm, and continue to supply the materials, until it should be prepared to burst on their own heads, must appear to every one more like the incoherent dreams of a delirious jealousy, or the misjudged exaggerations of a counterfeit zeal, than like the sober apprehensions of genuine patriotism.
人民和各州应该在足够长的时间内选出连续不断的、准备背叛两者的人；叛徒应该在整个时期统一、系统地推行某种固定的计划来扩大军事编制；各国政府和人民应该静静地、耐心地看着正在聚集的风暴，并继续提供材料，直到风暴准备好在他们自己的头上爆炸，这在每个人看来都更像是一种疯狂的嫉妒的不连贯的梦想，或者是一种虚假热情的错误判断的夸大，而不是像真正的爱国主义的清醒的忧虑。
Extravagant as the supposition is, let it however be made.
尽管这个假设有些夸张，但还是让它成立吧。
Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger.
组建一支与国家资源完全相等的正规军；并让它完全由联邦政府负责；不过，如果说各州政府在人民的支持下将能够抵御危险，这也不算过分。
The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms.
根据最准确的计算，任何国家所能容纳的常备军最多不超过全部灵魂数量的百分之一；或能够携带武器的人数的二五分之一。
This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men.
在美国，这个比例不会产生超过二十五人或三万人的军队。
To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence.
反对这些人的将是一支近五十万名手持武器的公民的民兵，他们由从他们中间选出的人担任军官，为他们的共同自由而战，并由拥有他们的感情和信任的政府团结和指挥。
It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops.
如此比例的正规军是否能够征服如此情况下的民兵，这很值得怀疑。
Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it.
那些最了解这个国家最后一次成功抵抗英国军队的人，将最倾向于否认这种可能性。
Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.
除了美国人比几乎所有其他国家的人民拥有武装的优势之外，人民依附于其并任命民兵军官的下级政府的存在，对雄心勃勃的事业构成了障碍，比任何形式的简单政府所允许的障碍都更加难以克服。
Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.
尽管欧洲几个王国的军事设施已达到公共资源所能承受的程度，但政府仍不敢相信人民拥有武器。
And it is not certain, that with this aid alone they would not be able to shake off their yokes.
而且不确定的是，仅靠这种援助，他们就无法摆脱枷锁。
But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it.
但是，如果人民拥有他们自己选择的地方政府的额外优势，他们可以收集国家意志并指挥国家力量，以及由这些政府从民兵中任命并附属于他们和民兵的军官，那么可以最大程度地肯定的是，欧洲每一个暴政的王座都将很快被推翻，尽管有军团包围它。
Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors.
让我们不要侮辱自由而英勇的美国公民，因为我们怀疑他们将无法捍卫他们实际拥有的权利，就像专制权力的卑鄙臣民将他们的权利从压迫者手中拯救出来一样。
Let us rather no longer insult them with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it.
让我们不要再侮辱他们，假设他们可以通过盲目而温顺地屈服于必须先于并产生实验的一长串阴险措施，将自己降低到进行实验的必要性。
The argument under the present head may be put into a very concise form, which appears altogether conclusive.
本标题下的论证可以用非常简洁的形式表达，看起来完全是结论性的。
Either the mode in which the federal government is to be constructed will render it sufficiently dependent on the people, or it will not.
联邦政府的构建模式要么使其充分依赖人民，要么不会。
On the first supposition, it will be restrained by that dependence from forming schemes obnoxious to their constituents.
根据第一个假设，它将受到这种依赖的限制，不会制定令其选民厌恶的计划。
On the other supposition, it will not possess the confidence of the people, and its schemes of usurpation will be easily defeated by the State governments, who will be supported by the people.
另一方面，它不会获得人民的信任，其篡夺阴谋将很容易被得到人民支持的州政府击败。
On summing up the considerations stated in this and the last paper, they seem to amount to the most convincing evidence, that the powers proposed to be lodged in the federal government are as little formidable to those reserved to the individual States, as they are indispensably necessary to accomplish the purposes of the Union; and that all those alarms which have been sounded, of a meditated and consequential annihilation of the State governments, must, on the most favorable interpretation, be ascribed to the chimerical fears of the authors of them.
总结这篇论文和上一篇论文中阐述的考虑因素，它们似乎构成了最令人信服的证据，表明提议赋予联邦政府的权力对于各州保留的权力来说并不那么令人畏惧，因为它们对于实现联邦的目标是不可或缺的；所有这些关于州政府蓄意而为之的毁灭的警报，按照最有利的解释，都必须归咎于这些警报的作者们的空想恐惧。
PUBLIUS
普布利乌斯
FEDERALIST No. 47
联邦党人文集第 47 号
The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts.
新政府的特殊结构及其不同部分之间的权力分配。
For the Independent Journal.
对于独立杂志。
Wednesday, January 30, 1788.
1788 年 1 月 30 日，星期三。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
HAVING reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government, and the distribution of this mass of power among its constituent parts.
在审查了拟议政府的一般形式和分配给它的总体权力之后，我开始研究这个政府的特殊结构，以及这批权力在其组成部分之间的分配。
One of the principal objections inculcated by the more respectable adversaries to the Constitution, is its supposed violation of the political maxim, that the legislative, executive, and judiciary departments ought to be separate and distinct.
宪法的更受尊敬的对手反复灌输的主要反对意见之一是，它被认为违反了政治格言，即立法、行政和司法部门应该分开和不同。
In the structure of the federal government, no regard, it is said, seems to have been paid to this essential precaution in favor of liberty.
据说，在联邦政府的结构中，似乎没有考虑到这种有利于自由的基本预防措施。
The several departments of power are distributed and blended in such a manner as at once to destroy all symmetry and beauty of form, and to expose some of the essential parts of the edifice to the danger of being crushed by the disproportionate weight of other parts.
几个权力部门的分配和混合方式立即破坏了所有对称性和形式之美，并使大厦的一些重要部分面临被其他部分不成比例的重量压垮的危险。
No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty, than that on which the objection is founded.
毫无疑问，没有任何政治真理比反对意见所依据的政治真理具有更大的内在价值，或者被更开明的自由守护者所打上的权威印记。
The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
所有权力——立法权、行政权和司法权——集中在同一个人手中，无论是一个人、少数人还是多人，也无论是世袭的、自封的还是选举的，都可以被公正地称为暴政的定义。
Were the federal Constitution, therefore, really chargeable with the accumulation of power, or with a mixture of powers, having a dangerous tendency to such an accumulation, no further arguments would be necessary to inspire a universal reprobation of the system.
因此，如果联邦宪法确实因权力的积累或权力的混合而受到指责，并具有这种积累的危险倾向，那么就不需要进一步的论据来激起对该制度的普遍谴责。
I persuade myself, however, that it will be made apparent to every one, that the charge cannot be supported, and that the maxim on which it relies has been totally misconceived and misapplied.
然而，我说服自己，每个人都会明白这一指控是站不住脚的，而且它所依赖的格言完全被误解和误用了。
In order to form correct ideas on this important subject, it will be proper to investigate the sense in which the preservation of liberty requires that the three great departments of power should be separate and distinct.
为了在这个重要问题上形成正确的观念，有必要研究一下维护自由要求三大权力部门相互独立和不同的意义。
The oracle who is always consulted and cited on this subject is the celebrated Montesquieu.
在这个问题上经常被咨询和引用的神谕是著名的孟德斯鸠。
If he be not the author of this invaluable precept in the science of politics, he has the merit at least of displaying and recommending it most effectually to the attention of mankind.
如果他不是政治学中这条无价法则的作者，他至少有优点，可以最有效地展示和推荐它，引起人类的注意。
Let us endeavor, in the first place, to ascertain his meaning on this point.
让我们首先努力确定他在这一点上的意思。
The British Constitution was to Montesquieu what Homer has been to the didactic writers on epic poetry.
英国宪法之于孟德斯鸠，正如荷马之于史诗般的说教作家。
As the latter have considered the work of the immortal bard as the perfect model from which the principles and rules of the epic art were to be drawn, and by which all similar works were to be judged, so this great political critic appears to have viewed the Constitution of England as the standard, or to use his own expression, as the mirror of political liberty; and to have delivered, in the form of elementary truths, the several characteristic principles of that particular system.
正如后者认为不朽吟游诗人的作品是史诗艺术的原则和规则的完美典范，所有类似的作品都可以通过它来评判，因此这位伟大的政治批评家似乎也将英国宪法视为政治自由的标准，或者用他自己的表达方式；并以基本真理的形式传达了该特定体系的几个特征原则。
That we may be sure, then, not to mistake his meaning in this case, let us recur to the source from which the maxim was drawn.
那么，为了确保我们在这种情况下不会误解他的意思，让我们回顾一下这条格言的来源。
On the slightest view of the British Constitution, we must perceive that the legislative, executive, and judiciary departments are by no means totally separate and distinct from each other.
仅从英国宪法来看，我们就必须认识到，立法、行政、司法部门决不是完全分开和泾渭分明的。
The executive magistrate forms an integral part of the legislative authority.
行政法官是立法权的一个组成部分。
He alone has the prerogative of making treaties with foreign sovereigns, which, when made, have, under certain limitations, the force of legislative acts.
他独自拥有与外国主权者签订条约的特权，条约签订后，在一定限制下具有立法行为的效力。
All the members of the judiciary department are appointed by him, can be removed by him on the address of the two Houses of Parliament, and form, when he pleases to consult them, one of his constitutional councils.
司法部门的所有成员均由他任命，他可以根据议会两院的地址将其罢免，并在他愿意咨询他们时组建他的宪法委员会之一。
One branch of the legislative department forms also a great constitutional council to the executive chief, as, on another hand, it is the sole depositary of judicial power in cases of impeachment, and is invested with the supreme appellate jurisdiction in all other cases.
立法部门的一个分支还组成了一个向行政首长负责的大型宪法委员会，因为另一方面，它是弹劾案件中司法权的唯一保管人，并在所有其他案件中拥有最高上诉管辖权。
The judges, again, are so far connected with the legislative department as often to attend and participate in its deliberations, though not admitted to a legislative vote.
到目前为止，法官仍然与立法部门有联系，经常出席并参与立法部门的审议，尽管没有被允许进行立法投票。
From these facts, by which Montesquieu was guided, it may clearly be inferred that, in saying "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates," or, "if the power of judging be not separated from the legislative and executive powers," he did not mean that these departments ought to have no PARTIAL AGENCY in, or no CONTROL over, the acts of each other.
从孟德斯鸠所遵循的这些事实中，可以清楚地推断出，当他说“立法权和行政权集中在同一个人或地方法官身上时，就不可能有自由”，或者“如果审判权不与立法权和行政权分开”，他的意思并不是说这些部门不应在彼此的行为中拥有部分代理权或相互控制。
His meaning, as his own words import, and still more conclusively as illustrated by the example in his eye, can amount to no more than this, that where the WHOLE power of one department is exercised by the same hands which possess the WHOLE power of another department, the fundamental principles of a free constitution are subverted.
他的意思，正如他自己的话所暗示的那样，而且更确切地说，正如他眼中的例子所说明的那样，最多只能是这样，即当一个部门的全部权力由拥有另一部门全部权力的同一双手行使时，自由宪法的基本原则就被颠覆了。
This would have been the case in the constitution examined by him, if the king, who is the sole executive magistrate, had possessed also the complete legislative power, or the supreme administration of justice; or if the entire legislative body had possessed the supreme judiciary, or the supreme executive authority.
如果作为唯一行政长官的国王也拥有完整的立法权或最高司法权，他所审查的宪法就会出现这种情况；或者整个立法机构拥有最高司法权或最高行政权。
This, however, is not among the vices of that constitution.
然而，这并不属于该宪法的弊端。
The magistrate in whom the whole executive power resides cannot of himself make a law, though he can put a negative on every law; nor administer justice in person, though he has the appointment of those who do administer it.
拥有全部行政权的地方法官不能自行制定法律，尽管他可以对每项法律提出否定意见。尽管他任命了执行司法的人，但他也不能亲自执行司法。
The judges can exercise no executive prerogative, though they are shoots from the executive stock; nor any legislative function, though they may be advised with by the legislative councils.
法官不能行使任何行政特权，尽管他们是行政人员中的一员。也没有任何立法职能，尽管立法委员会可能会向他们提出建议。
The entire legislature can perform no judiciary act, though by the joint act of two of its branches the judges may be removed from their offices, and though one of its branches is possessed of the judicial power in the last resort.
整个立法机关不能执行任何司法行为，尽管通过其两个分支机构的联合行动，法官可以被免职，并且尽管其一个分支机构拥有最后的司法权。
The entire legislature, again, can exercise no executive prerogative, though one of its branches constitutes the supreme executive magistracy, and another, on the impeachment of a third, can try and condemn all the subordinate officers in the executive department.
整个立法机关再次不能行使任何行政特权，尽管其一个分支机构构成了最高行政长官，而另一个分支机构在弹劾第三个分支机构后可以尝试并谴责行政部门的所有下级官员。
The reasons on which Montesquieu grounds his maxim are a further demonstration of his meaning.
孟德斯鸠确立其格言的理由进一步证明了他的意义。
"When the legislative and executive powers are united in the same person or body," says he, "there can be no liberty, because apprehensions may arise lest THE SAME monarch or senate should ENACT tyrannical laws to EXECUTE them in a tyrannical manner." Again: "Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for THE JUDGE would then be THE LEGISLATOR.
“当立法权和行政权集中在同一个人或机构手中时，”他说，“就不可能有自由，因为可能会产生忧虑，以免同一位君主或元老院颁布专制法律并以专制方式执行这些法律。”再次：“如果审判权与立法权结合起来，主体的生命和自由将受到任意控制，因为法官将成为立法者。
Were it joined to the executive power, THE JUDGE might behave with all the violence of AN OPPRESSOR." Some of these reasons are more fully explained in other passages; but briefly stated as they are here, they sufficiently establish the meaning which we have put on this celebrated maxim of this celebrated author.
如果它与行政权力结合起来，法官的行为可能会像压迫者一样暴力。”其中一些原因在其他段落中得到了更充分的解释；但是，尽管在这里简单地陈述一下，它们就足以确立我们对这位著名作家的这句著名格言的理解。
If we look into the constitutions of the several States, we find that, notwithstanding the emphatical and, in some instances, the unqualified terms in which this axiom has been laid down, there is not a single instance in which the several departments of power have been kept absolutely separate and distinct.
如果我们研究一下几个州的宪法，我们就会发现，尽管在某些情况下使用了强调的、甚至是无条件的术语来规定这一公理，但没有一个例子表明几个权力部门是绝对分开和不同的。
New Hampshire, whose constitution was the last formed, seems to have been fully aware of the impossibility and inexpediency of avoiding any mixture whatever of these departments, and has qualified the doctrine by declaring "that the legislative, executive, and judiciary powers ought to be kept as separate from, and independent of, each other AS THE NATURE OF A FREE GOVERNMENT WILL ADMIT; OR AS IS CONSISTENT WITH THAT CHAIN OF CONNECTION THAT BINDS THE WHOLE FABRIC OF THE CONSTITUTION IN ONE INDISSOLUBLE BOND OF UNITY AND AMITY." Her constitution accordingly mixes these departments in several respects.
新罕布什尔州的宪法是最后制定的，它似乎充分意识到避免这些部门的任何混合是不可能和不适当的，并通过宣称“立法权、行政权和司法权应该保持彼此分离和独立，正如自由政府的性质所承认的那样；或者与束缚各部门的联系链相一致”。宪法的全部内容是团结和友好的不可分割的纽带。”因此，她的宪法在几个方面将这些部门混合在一起。
The Senate, which is a branch of the legislative department, is also a judicial tribunal for the trial of impeachments.
参议院是立法部门的一个分支，也是审判弹劾案的司法法庭。
The President, who is the head of the executive department, is the presiding member also of the Senate; and, besides an equal vote in all cases, has a casting vote in case of a tie.
总统是行政部门的负责人，也是参议院的主席；并且，除了在所有情况下都享有平等投票权之外，在平局的情况下还可以投决定票。
The executive head is himself eventually elective every year by the legislative department, and his council is every year chosen by and from the members of the same department.
行政首长本人最终每年由立法部门选举产生，而他的理事会每年也由同一部门的成员选出。
Several of the officers of state are also appointed by the legislature.
一些国家官员也由立法机关任命。
And the members of the judiciary department are appointed by the executive department.
司法部门的成员由行政部门任命。
The constitution of Massachusetts has observed a sufficient though less pointed caution, in expressing this fundamental article of liberty.
马萨诸塞州宪法在表达这一基本自由条款时，采取了充分但不那么尖锐的谨慎态度。
It declares "that the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them." This declaration corresponds precisely with the doctrine of Montesquieu, as it has been explained, and is not in a single point violated by the plan of the convention.
它宣称“立法部门不得行使行政权和司法权，或其中任何一项；行政部门不得行使立法权和司法权，或其中任何一项；司法部门不得行使立法权和行政权，或其中任何一项。”正如已经解释过的那样，这一宣言完全符合孟德斯鸠的学说，并且在任何一点上都没有违反制宪会议的计划。
It goes no farther than to prohibit any one of the entire departments from exercising the powers of another department.
它只不过是禁止整个部门中的任何一个部门行使另一部门的权力。
In the very Constitution to which it is prefixed, a partial mixture of powers has been admitted.
在作为其前缀的宪法中，已经承认了部分权力的混合。
The executive magistrate has a qualified negative on the legislative body, and the Senate, which is a part of the legislature, is a court of impeachment for members both of the executive and judiciary departments.
行政法官对立法机构有一定的否定权，参议院是立法机构的一部分，是弹劾行政部门和司法部门成员的法庭。
The members of the judiciary department, again, are appointable by the executive department, and removable by the same authority on the address of the two legislative branches.
司法部门的成员同样由行政部门任命，并由两个立法部门所在地的同一机构罢免。
Lastly, a number of the officers of government are annually appointed by the legislative department.
最后，立法部门每年任命一些政府官员。
As the appointment to offices, particularly executive offices, is in its nature an executive function, the compilers of the Constitution have, in this last point at least, violated the rule established by themselves.
由于职位特别是行政职位的任命本质上是行政职能，宪法的制定者至少在最后一点上违反了他们自己制定的规则。
I pass over the constitutions of Rhode Island and Connecticut, because they were formed prior to the Revolution, and even before the principle under examination had become an object of political attention.
我忽略了罗德岛州和康涅狄格州的宪法，因为它们是在革命之前制定的，甚至在所审查的原则成为政治关注的对象之前。
The constitution of New York contains no declaration on this subject; but appears very clearly to have been framed with an eye to the danger of improperly blending the different departments.
纽约州宪法没有包含有关此主题的声明；但显然是为了防止不同部门不当混合的危险而设计的。
It gives, nevertheless, to the executive magistrate, a partial control over the legislative department; and, what is more, gives a like control to the judiciary department; and even blends the executive and judiciary departments in the exercise of this control.
然而，它赋予行政法官对立法部门的部分控制权；更重要的是，给予司法部门类似的控制权；甚至将行政部门和司法部门混合起来行使这种控制权。
In its council of appointment members of the legislative are associated with the executive authority, in the appointment of officers, both executive and judiciary.
在其任命委员会中，立法机关成员与行政机关在行政和司法官员的任命方面有联系。
And its court for the trial of impeachments and correction of errors is to consist of one branch of the legislature and the principal members of the judiciary department.
审理弹劾和纠正错误的法院由立法机关的一个分支和司法部门的主要成员组成。
The constitution of New Jersey has blended the different powers of government more than any of the preceding.
新泽西州宪法比以往任何宪法都更加融合了政府的不同权力。
The governor, who is the executive magistrate, is appointed by the legislature; is chancellor and ordinary, or surrogate of the State; is a member of the Supreme Court of Appeals, and president, with a casting vote, of one of the legislative branches.
总督是行政法官，由立法机关任命；是总理和普通人，或国家代理人；是最高法院上诉法院的成员，也是立法部门之一的主席，拥有决定性的一票。
The same legislative branch acts again as executive council of the governor, and with him constitutes the Court of Appeals.
同一立法部门再次充当总督的执行委员会，并与总督共同组成上诉法院。
The members of the judiciary department are appointed by the legislative department and removable by one branch of it, on the impeachment of the other.
司法部门的成员由立法部门任命，并由立法部门的一个部门在另一部门被弹劾时罢免。
According to the constitution of Pennsylvania, the president, who is the head of the executive department, is annually elected by a vote in which the legislative department predominates.
根据宾夕法尼亚州宪法，总统是行政部门的负责人，每年由立法部门主导的投票选举产生。
In conjunction with an executive council, he appoints the members of the judiciary department, and forms a court of impeachment for trial of all officers, judiciary as well as executive.
他与执行委员会一起任命司法部门的成员，并组建弹劾法院，对所有官员、司法人员和行政人员进行审判。
The judges of the Supreme Court and justices of the peace seem also to be removable by the legislature; and the executive power of pardoning in certain cases, to be referred to the same department.
最高法院的法官和太平绅士似乎也可以被立法机关罢免；某些案件的赦免行政权，应交由同一部门行使。
The members of the executive council are made EX-OFFICIO justices of peace throughout the State.
执行委员会的成员被任命为全州的当然治安法官。
In Delaware, the chief executive magistrate is annually elected by the legislative department.
在特拉华州，行政长官每年由立法部门选举产生。
The speakers of the two legislative branches are vice-presidents in the executive department.
两个立法部门的议长是行政部门的副主席。
The executive chief, with six others, appointed, three by each of the legislative branches constitutes the Supreme Court of Appeals; he is joined with the legislative department in the appointment of the other judges.
最高上诉法院由行政院长和其他六人组成，其中每个立法部门任命三人。他与立法部门一起任命其他法官。
Throughout the States, it appears that the members of the legislature may at the same time be justices of the peace; in this State, the members of one branch of it are EX-OFFICIO justices of the peace; as are also the members of the executive council.
在各州，立法机关成员似乎可以同时担任治安法官；在本州，其一个分支机构的成员是当然治安法官；执行委员会的成员也是如此。
The principal officers of the executive department are appointed by the legislative; and one branch of the latter forms a court of impeachments.
行政部门的主要官员由立法机关任命；后者的一个分支组成弹劾法庭。
All officers may be removed on address of the legislature.
所有官员均可根据立法机关的讲话被罢免。
Maryland has adopted the maxim in the most unqualified terms; declaring that the legislative, executive, and judicial powers of government ought to be forever separate and distinct from each other.
马里兰州以最不合格的措辞采用了这句格言。宣布政府的立法权、行政权和司法权应该永远分开并相互区别。
Her constitution, notwithstanding, makes the executive magistrate appointable by the legislative department; and the members of the judiciary by the executive department.
尽管如此，她的宪法规定行政法官由立法部门任命；行政部门的司法人员。
The language of Virginia is still more pointed on this subject.
弗吉尼亚州的语言在这个问题上更加尖锐。
Her constitution declares, "that the legislative, executive, and judiciary departments shall be separate and distinct; so that neither exercise the powers properly belonging to the other; nor shall any person exercise the powers of more than one of them at the same time, except that the justices of county courts shall be eligible to either House of Assembly." Yet we find not only this express exception, with respect to the members of the inferior courts, but that the chief magistrate, with his executive council, are appointable by the legislature; that two members of the latter are triennially displaced at the pleasure of the legislature; and that all the principal offices, both executive and judiciary, are filled by the same department.
她的宪法宣称，“立法、行政和司法部门应是独立和明确的；因此，双方都不能行使适当属于另一部门的权力；任何人也不得同时行使其中一个以上的权力，但县法院的法官有资格进入议会任一院。”然而，我们发现，不仅对于下级法院的成员存在这种明确的例外，而且首席治安法官及其执行委员会都是由立法机关任命的。后者的两名成员每三年根据立法机关的意愿更换一次；所有主要办公室，包括行政部门和司法部门，均由同一部门担任。
The executive prerogative of pardon, also, is in one case vested in the legislative department.
在一种情况下，赦免的行政特权也属于立法部门。
The constitution of North Carolina, which declares "that the legislative, executive, and supreme judicial powers of government ought to be forever separate and distinct from each other," refers, at the same time, to the legislative department, the appointment not only of the executive chief, but all the principal officers within both that and the judiciary department.
北卡罗来纳州宪法宣称“政府的立法权、行政权和最高司法权应该永远相互分离和区别”，同时提到立法部门，不仅任命行政首长，还任命该部门和司法部门的所有主要官员。
In South Carolina, the constitution makes the executive magistracy eligible by the legislative department.
在南卡罗来纳州，宪法规定立法部门有资格担任行政法官。
It gives to the latter, also, the appointment of the members of the judiciary department, including even justices of the peace and sheriffs; and the appointment of officers in the executive department, down to captains in the army and navy of the State.
它还赋予后者任命司法部门成员的权力，甚至包括治安法官和治安官；以及行政部门官员的任命，直至国家陆军和海军上尉。
In the constitution of Georgia, where it is declared "that the legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other," we find that the executive department is to be filled by appointments of the legislature; and the executive prerogative of pardon to be finally exercised by the same authority.
格鲁吉亚宪法规定，“立法、行政和司法部门应相互独立，相互独立，彼此不行使各自应有的权力”，我们发现，行政部门应由立法机关任命；赦免的行政特权最终由同一当局行使。
Even justices of the peace are to be appointed by the legislature.
甚至治安法官也由立法机关任命。
In citing these cases, in which the legislative, executive, and judiciary departments have not been kept totally separate and distinct, I wish not to be regarded as an advocate for the particular organizations of the several State governments.
在引用这些案例时，立法、行政和司法部门并未完全分开和明确，我不希望被视为几个州政府特定组织的拥护者。
I am fully aware that among the many excellent principles which they exemplify, they carry strong marks of the haste, and still stronger of the inexperience, under which they were framed.
我充分意识到，在它们所体现的许多优秀原则中，它们带有强烈的仓促痕迹，而且更明显的是它们是在其制定时缺乏经验的。
It is but too obvious that in some instances the fundamental principle under consideration has been violated by too great a mixture, and even an actual consolidation, of the different powers; and that in no instance has a competent provision been made for maintaining in practice the separation delineated on paper.
但显而易见的是，在某些情况下，所考虑的基本原则因不同权力的过多混合，甚至实际上的合并而被违反。并且在任何情况下都没有制定有效的规定来在实践中维持纸上划定的分离。
What I have wished to evince is, that the charge brought against the proposed Constitution, of violating the sacred maxim of free government, is warranted neither by the real meaning annexed to that maxim by its author, nor by the sense in which it has hitherto been understood in America.
我想表明的是，对拟议宪法的指控违反了自由政府的神圣格言，无论是根据该格言的作者赋予该格言的真正含义，还是根据迄今为止在美国所理解的含义，都是不合理的。
This interesting subject will be resumed in the ensuing paper.
这个有趣的话题将在接下来的论文中继续讨论。
PUBLIUS
普布利乌斯
FEDERALIST No. 48
联邦党人文集第 48 号
These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other.
这些部门的分离不应过分严重，以致彼此之间无法进行宪法控制。
From the New York Packet.
来自纽约邮包。
Friday, February 1, 1788.
1788 年 2 月 1 日，星期五。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
IT WAS shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other.
上一篇论文表明，那里所考察的政治格言并不要求立法、行政、司法部门之间完全脱节。
I shall undertake, in the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.
接下来，我将证明，除非这些部门相互联系和融合得足够紧密，使每个部门都能够对其他部门进行宪法控制，否则该格言所要求的分离程度（对于自由政府而言至关重要）在实践中永远无法得到适当维持。
It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments.
各方一致认为，本应属于其中一个部门的权力不应由其他任何一个部门直接和完全管理。
It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers.
同样明显的是，他们中的任何一个人在管理各自的权力时都不应该直接或间接地对其他人产生压倒性的影响。
It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.
不可否认，权力具有侵占性，应该有效地限制权力超越赋予它的界限。
After discriminating, therefore, in theory, the several classes of power, as they may in their nature be legislative, executive, or judiciary, the next and most difficult task is to provide some practical security for each, against the invasion of the others.
因此，在理论上区分了几类权力（因为它们的性质可能是立法权、行政权或司法权）之后，下一个也是最困难的任务是为每一类权力提供一些实际的保障，以防止其他权力的入侵。
What this security ought to be, is the great problem to be solved.
这种安全应该是什么，是需要解决的重大问题。
Will it be sufficient to mark, with precision, the boundaries of these departments, in the constitution of the government, and to trust to these parchment barriers against the encroaching spirit of power?
在政府宪法中准确地标明这些部门的界限，并相信这些羊皮纸屏障足以抵御权力精神的侵蚀，这是否足够？
This is the security which appears to have been principally relied on by the compilers of most of the American constitutions.
这似乎是大多数美国宪法的制定者主要依赖的安全保障。
But experience assures us, that the efficacy of the provision has been greatly overrated; and that some more adequate defense is indispensably necessary for the more feeble, against the more powerful, members of the government.
但经验告诉我们，这项规定的功效被大大高估了；对于较弱的政府成员来说，更充分的防御是必不可少的，以对抗较强大的政府成员。
The legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex.
立法部门到处扩大活动范围，把一切权力都卷入其浮躁的漩涡中。
The founders of our republics have so much merit for the wisdom which they have displayed, that no task can be less pleasing than that of pointing out the errors into which they have fallen.
我们共和国的缔造者们所表现出的智慧有如此多的优点，没有什么任务比指出他们所犯的错误更令人愉快的了。
A respect for truth, however, obliges us to remark, that they seem never for a moment to have turned their eyes from the danger to liberty from the overgrown and all-grasping prerogative of an hereditary magistrate, supported and fortified by an hereditary branch of the legislative authority.
然而，出于对真理的尊重，我们不得不指出，他们似乎一刻也没有把目光从危险转向自由，因为世袭治安官的特权已经过大且无所不能，而世袭的立法机构则得到了世袭分支的支持和加强。
They seem never to have recollected the danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations.
他们似乎从未记得立法篡夺的危险，立法篡夺将所有权力集中在同一个人手中，必然会导致与行政篡夺所威胁的暴政相同。
In a government where numerous and extensive prerogatives are placed in the hands of an hereditary monarch, the executive department is very justly regarded as the source of danger, and watched with all the jealousy which a zeal for liberty ought to inspire.
在一个由世袭君主掌握大量广泛特权的政府中，行政部门被非常公正地视为危险的根源，并受到对自由的热情所激发的所有嫉妒的关注。
In a democracy, where a multitude of people exercise in person the legislative functions, and are continually exposed, by their incapacity for regular deliberation and concerted measures, to the ambitious intrigues of their executive magistrates, tyranny may well be apprehended, on some favorable emergency, to start up in the same quarter.
在一个民主国家，许多人亲自行使立法职能，但由于他们没有能力进行定期审议和协调一致的措施，因此不断暴露于行政长官的野心勃勃的阴谋之下，在某些有利的紧急情况下，暴政很可能会在同一地区出现。
But in a representative republic, where the executive magistracy is carefully limited; both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions, by means which reason prescribes; it is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions.
但在代议制共和国，行政权力受到严格限制；其权力范围和持续时间；立法权由议会行使，议会受到所谓对人民的影响力的启发，对自己的力量充满信心；它的数量足够多，足以感受到激发大众的所有激情，但又不会多到无法通过理性规定的手段去追求其激情的目标；人民应该放纵所有的嫉妒并用尽所有的预防措施，这与这个部门的进取野心是背道而驰的。
The legislative department derives a superiority in our governments from other circumstances.
立法部门在我们政府中的优势来自于其他情况。
Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments.
它的宪法权力更加广泛，并且不易受到精确限制，它可以更方便地通过复杂和间接的措施掩盖它对协调部门的侵犯。
It is not unfrequently a question of real nicety in legislative bodies, whether the operation of a particular measure will, or will not, extend beyond the legislative sphere.
立法机构中经常存在的问题是，某一特定措施的实施是否会超出立法范围。
On the other side, the executive power being restrained within a narrower compass, and being more simple in its nature, and the judiciary being described by landmarks still less uncertain, projects of usurpation by either of these departments would immediately betray and defeat themselves.
另一方面，行政权力被限制在更狭窄的范围内，性质更加简单，而司法部门的地标性描述更加不确定，这两个部门中的任何一个的篡夺计划都会立即背叛和失败。
Nor is this all: as the legislative department alone has access to the pockets of the people, and has in some constitutions full discretion, and in all a prevailing influence, over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter, which gives still greater facility to encroachments of the former.
这还不是全部：由于只有立法部门可以触及人民的腰包，并且在某些宪法中拥有充分的自由裁量权，并且总体上对其他部门的人员的金钱报酬具有普遍的影响力，因此在后者中建立了一种依赖，这为前者的侵犯提供了更大的便利。
I have appealed to our own experience for the truth of what I advance on this subject.
我诉诸我们自己的经验来证明我在这个问题上所提出的观点的真实性。
Were it necessary to verify this experience by particular proofs, they might be multiplied without end.
如果需要通过特定的证据来验证这种经验，那么它们可能会无限增加。
I might find a witness in every citizen who has shared in, or been attentive to, the course of public administrations.
我可能会在每一个参与或关注公共行政过程的公民身上找到见证人。
I might collect vouchers in abundance from the records and archives of every State in the Union.
我可能会从联邦每个州的记录和档案中收集大量凭证。
But as a more concise, and at the same time equally satisfactory, evidence, I will refer to the example of two States, attested by two unexceptionable authorities.
但作为更简洁、同时同样令人满意的证据，我将提及两个国家的例子，并由两个无可例外的当局证明。
The first example is that of Virginia, a State which, as we have seen, has expressly declared in its constitution, that the three great departments ought not to be intermixed.
第一个例子是弗吉尼亚州，正如我们所看到的，该州在其宪法中明确声明三大部门不应混在一起。
The authority in support of it is Mr. Jefferson, who, besides his other advantages for remarking the operation of the government, was himself the chief magistrate of it.
支持这一观点的权威是杰斐逊先生，除了他在评论政府运作方面的其他优势外，他本人还是政府的首席法官。
In order to convey fully the ideas with which his experience had impressed him on this subject, it will be necessary to quote a passage of some length from his very interesting Notes on the State of Virginia, p.
为了充分表达他的经历在这个主题上给他留下的深刻印象，有必要引用他非常有趣的《弗吉尼亚州笔记》中的一段较长的段落，第 17 页。
195.
195.
"All the powers of government, legislative, executive, and judiciary, result to the legislative body.
“政府、立法、行政和司法的所有权力均属于立法机构。
The concentrating these in the same hands, is precisely the definition of despotic government.
将这些集中在同一个人手中，正是专制政府的定义。
It will be no alleviation, that these powers will be exercised by a plurality of hands, and not by a single one.
这些权力将由多个人而不是一个人来行使，这不会是一种缓和。
One hundred and seventy-three despots would surely be as oppressive as one.
一百七十三位霸主，其威压绝对不亚于一位。
Let those who doubt it, turn their eyes on the republic of Venice.
让那些怀疑的人把目光投向威尼斯共和国吧。
As little will it avail us, that they are chosen by ourselves.
尽管它们是我们自己选择的，但对我们没有什么帮助。
An ELECTIVE DESPOTISM was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others.
我们所争取的不是选举专制政府；而是选举专制政府。但它不仅应该建立在自由原则的基础上，而且政府的权力应该在多个行政机构之间进行划分和平衡，以便任何人都不能超越其法律界限，而不受到其他人的有效检查和限制。
For this reason, that convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive, and judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time.
因此，通过政府法令的公约奠定了这样的基础：立法、行政和司法部门应当分开和明确，任何人不得同时行使其中一个以上的权力。
BUT NO BARRIER WAS PROVIDED BETWEEN THESE SEVERAL POWERS.
但这几个国家之间并没有设置任何障碍。
The judiciary and the executive members were left dependent on the legislative for their subsistence in office, and some of them for their continuance in it.
司法部门和行政部门成员的生存和继续任职都依赖于立法部门。
If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made; nor, if made, can be effectual; because in that case they may put their proceedings into the form of acts of Assembly, which will render them obligatory on the other branches.
因此，如果立法机关拥有行政权和司法权，就不可能遭到反对；即使制定了，也不会产生任何效果；因为在这种情况下，他们可以将其程序纳入议会法案的形式，这将使他们对其他部门具有义务。
They have accordingly, IN MANY instances, DECIDED RIGHTS which should have been left to JUDICIARY CONTROVERSY, and THE DIRECTION OF THE EXECUTIVE, DURING THE WHOLE TIME OF THEIR SESSION, IS BECOMING HABITUAL AND FAMILIAR."
因此，在许多情况下，他们决定了本应留给司法争议的权利，并且在整个会议期间，行政机关的指示正在变得习惯和熟悉。”
The other State which I shall take for an example is Pennsylvania; and the other authority, the Council of Censors, which assembled in the years 1783 and 1784.
我要举的另一个州是宾夕法尼亚州。另一个机构是审查委员会，于 1783 年和 1784 年成立。
A part of the duty of this body, as marked out by the constitution, was "to inquire whether the constitution had been preserved inviolate in every part; and whether the legislative and executive branches of government had performed their duty as guardians of the people, or assumed to themselves, or exercised, other or greater powers than they are entitled to by the constitution." In the execution of this trust, the council were necessarily led to a comparison of both the legislative and executive proceedings, with the constitutional powers of these departments; and from the facts enumerated, and to the truth of most of which both sides in the council subscribed, it appears that the constitution had been flagrantly violated by the legislature in a variety of important instances.
正如宪法规定的，该机构的一部分职责是“调查宪法的各个部分是否得到了不受侵犯；以及政府的立法和行政部门是否履行了作为人民监护人的职责，或承担或行使了超出宪法赋予的其他或更大的权力。”在执行这项信托时，理事会必然要对立法和行政程序以及这些部门的宪法权力进行比较；从所列举的事实以及安理会双方都认可的大部分事实来看，立法机关似乎在各种重要事件中公然违反了《宪法》。
A great number of laws had been passed, violating, without any apparent necessity, the rule requiring that all bills of a public nature shall be previously printed for the consideration of the people; although this is one of the precautions chiefly relied on by the constitution against improper acts of legislature.
许多法律的通过，在没有任何明显必要的情况下，违反了所有公共性质的法案均应事先印制以供人民考虑的规则；尽管这是宪法主要依靠的预防立法机关不当行为的预防措施之一。
The constitutional trial by jury had been violated, and powers assumed which had not been delegated by the constitution.
陪审团的宪法审判遭到违反，并取得了宪法未授予的权力。
Executive powers had been usurped.
行政权力被篡夺。
The salaries of the judges, which the constitution expressly requires to be fixed, had been occasionally varied; and cases belonging to the judiciary department frequently drawn within legislative cognizance and determination.
宪法明确要求法官的工资是固定的，但偶尔也会有变化；属于司法部门的案件经常在立法认定和决定范围内审理。
Those who wish to see the several particulars falling under each of these heads, may consult the journals of the council, which are in print.
那些希望了解每个类别下的具体细节的人可以查阅印刷的理事会期刊。
Some of them, it will be found, may be imputable to peculiar circumstances connected with the war; but the greater part of them may be considered as the spontaneous shoots of an ill-constituted government.
人们会发现，其中一些可能是由于与战争有关的特殊情况造成的。但其中大部分可以被视为是一个组织不善的政府的自发产物。
It appears, also, that the executive department had not been innocent of frequent breaches of the constitution.
看来，行政部门对于频繁违反宪法的行为也并非无辜。
There are three observations, however, which ought to be made on this head: FIRST, a great proportion of the instances were either immediately produced by the necessities of the war, or recommended by Congress or the commander-in-chief; SECOND, in most of the other instances, they conformed either to the declared or the known sentiments of the legislative department; THIRD, the executive department of Pennsylvania is distinguished from that of the other States by the number of members composing it.
然而，对此应该提出三点意见：第一，很大一部分事例要么是战争的需要立即产生的，要么是国会或总司令推荐的；其次，在大多数其他情况下，它们要么符合立法部门公开的或已知的观点；第三，宾夕法尼亚州行政部门与其他州行政部门的区别在于其组成人员的数量。
In this respect, it has as much affinity to a legislative assembly as to an executive council.
在这方面，它与立法议会和执行委员会有着同样的亲和力。
And being at once exempt from the restraint of an individual responsibility for the acts of the body, and deriving confidence from mutual example and joint influence, unauthorized measures would, of course, be more freely hazarded, than where the executive department is administered by a single hand, or by a few hands.
由于立即免除了个人对团体行为的责任的限制，并从相互榜样和共同影响中获得信任，因此，与行政部门由一人或几人管理相比，未经授权的措施当然会更容易冒险。
The conclusion which I am warranted in drawing from these observations is, that a mere demarcation on parchment of the constitutional limits of the several departments, is not a sufficient guard against those encroachments which lead to a tyrannical concentration of all the powers of government in the same hands.
我从这些观察中得出的结论是，仅仅在羊皮纸上划定几个部门的宪法界限，并不足以防止那些导致政府所有权力专制地集中在同一个人手中的侵犯。
PUBLIUS
普布利乌斯
FEDERALIST No. 49
联邦党人文集第 49 号
Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention.
通过公约呼吁人民来防范政府任何一个部门的侵犯的方法。
For the Independent Journal.
对于独立杂志。
Saturday, February 2, 1788.
1788 年 2 月 2 日，星期六。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE author of the "Notes on the State of Virginia," quoted in the last paper, has subjoined to that valuable work the draught of a constitution, which had been prepared in order to be laid before a convention, expected to be called in 1783, by the legislature, for the establishment of a constitution for that commonwealth.
上一篇论文中引用的《弗吉尼亚州注释》的作者在这项有价值的工作之后，还编写了一份宪法草案，该草案的准备是为了提交一次大会，预计立法机关将于 1783 年召开会议，为该联邦制定一部宪法。
The plan, like every thing from the same pen, marks a turn of thinking, original, comprehensive, and accurate; and is the more worthy of attention as it equally displays a fervent attachment to republican government and an enlightened view of the dangerous propensities against which it ought to be guarded.
这个计划就像同一笔出品的每件事一样，标志着思维的转变，原创、全面、准确；更值得关注的是，它同样表现出对共和政府的热切依恋，以及对应该警惕的危险倾向的开明看法。
One of the precautions which he proposes, and on which he appears ultimately to rely as a palladium to the weaker departments of power against the invasions of the stronger, is perhaps altogether his own, and as it immediately relates to the subject of our present inquiry, ought not to be overlooked.
他提出的一项预防措施，以及他最终似乎将其作为较弱权力部门抵御较强权力入侵的守护神所依赖的预防措施，也许完全是他自己的，因为它与我们当前调查的主题直接相关，所以不应被忽视。
His proposition is, "that whenever any two of the three branches of government shall concur in opinion, each by the voices of two thirds of their whole number, that a convention is necessary for altering the constitution, or CORRECTING BREACHES OF IT, a convention shall be called for the purpose."
他的提议是，“每当政府三个分支中的任何两个以全体成员的三分之二的票数达成一致意见时，认为有必要召开一次会议来修改宪法或纠正违反宪法的行为，则应为此目的召开一次会议。”
As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the government, but also whenever any one of the departments may commit encroachments on the chartered authorities of the others.
由于人民是权力的唯一合法源泉，而政府各部门据以掌握权力的宪法宪章正是源自人民，因此，不仅在需要扩大、缩小或新模式政府权力时，而且在任何一个部门可能侵犯其他部门的特许权力时，都应遵循同样的原始权力，这似乎与共和理论严格一致。
The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers; and how are the encroachments of the stronger to be prevented, or the wrongs of the weaker to be redressed, without an appeal to the people themselves, who, as the grantors of the commissions, can alone declare its true meaning, and enforce its observance?
几个部门根据其共同委员会的条款进行完美协调，显然，没有一个部门可以假装拥有排他性或优越性的权利来解决各自权力之间的界限；如果不向人民本身发出呼吁，那么如何防止强者的侵犯或纠正弱者的错误呢？人民本身作为委员会的授予者，只能宣布其真正含义并强制遵守？
There is certainly great force in this reasoning, and it must be allowed to prove that a constitutional road to the decision of the people ought to be marked out and kept open, for certain great and extraordinary occasions.
这种推理当然具有强大的力量，并且必须允许它证明，在某些重大和特殊的场合，应该划定一条通向人民决策的宪法道路并保持开放。
But there appear to be insuperable objections against the proposed recurrence to the people, as a provision in all cases for keeping the several departments of power within their constitutional limits.
但似乎存在无法克服的反对意见，反对重新向人民提出的建议，因为这是在所有情况下将多个权力部门保持在宪法范围内的规定。
In the first place, the provision does not reach the case of a combination of two of the departments against the third.
首先，该规定没有涉及其中两个部门联合对抗第三个部门的情况。
If the legislative authority, which possesses so many means of operating on the motives of the other departments, should be able to gain to its interest either of the others, or even one third of its members, the remaining department could derive no advantage from its remedial provision.
如果立法机关拥有如此多的手段来为其他部门的动机行事，并且能够为其他部门中的任何一个甚至三分之一的成员谋取利益，那么剩下的部门就无法从其补救措施中获得任何好处。
I do not dwell, however, on this objection, because it may be thought to be rather against the modification of the principle, than against the principle itself.
然而，我不会详细讨论这一反对意见，因为它可能被认为是反对原则的修改，而不是反对原则本身。
In the next place, it may be considered as an objection inherent in the principle, that as every appeal to the people would carry an implication of some defect in the government, frequent appeals would, in a great measure, deprive the government of that veneration which time bestows on every thing, and without which perhaps the wisest and freest governments would not possess the requisite stability.
其次，它可以被视为原则中固有的反对意见，即由于每次向人民发出呼吁都意味着政府存在某些缺陷，因此频繁的呼吁将在很大程度上剥夺政府对时间赋予一切事物的尊重，如果没有这种尊重，也许最明智和最自由的政府也不会拥有必要的稳定性。
If it be true that all governments rest on opinion, it is no less true that the strength of opinion in each individual, and its practical influence on his conduct, depend much on the number which he supposes to have entertained the same opinion.
如果所有政府都依赖于舆论，那么每个人的舆论力量及其对他的行为的实际影响在很大程度上取决于他认为持有相同意见的人数，这一点也同样正确。
The reason of man, like man himself, is timid and cautious when left alone, and acquires firmness and confidence in proportion to the number with which it is associated.
人的理性，就像人本身一样，在独处时会变得胆怯和谨慎，而随着与之相关的数量的增加，人的理性也会变得坚定和自信。
When the examples which fortify opinion are ANCIENT as well as NUMEROUS, they are known to have a double effect.
当强化观点的例子既古老又无数时，众所周知，它们具有双重效果。
In a nation of philosophers, this consideration ought to be disregarded.
在一个哲学家的国家，这种考虑应该被忽视。
A reverence for the laws would be sufficiently inculcated by the voice of an enlightened reason.
开明理性的声音足以灌输对法律的尊重。
But a nation of philosophers is as little to be expected as the philosophical race of kings wished for by Plato.
但哲学家的国家就像柏拉图所希望的国王的哲学种族一样不可期待。
And in every other nation, the most rational government will not find it a superfluous advantage to have the prejudices of the community on its side.
在其他所有国家，最理性的政府也不会认为让社会的偏见站在自己一边是多余的优势。
The danger of disturbing the public tranquillity by interesting too strongly the public passions, is a still more serious objection against a frequent reference of constitutional questions to the decision of the whole society.
过于强烈地激发公众的热情会扰乱公众的安宁，这是反对频繁地将宪法问题提交给整个社会的决定的更严重的反对意见。
Notwithstanding the success which has attended the revisions of our established forms of government, and which does so much honor to the virtue and intelligence of the people of America, it must be confessed that the experiments are of too ticklish a nature to be unnecessarily multiplied.
尽管我们对既定政府形式的修改取得了成功，并且极大地尊重了美国人民的美德和智慧，但必须承认，这些实验的性质太棘手，不能不必要地增加。
We are to recollect that all the existing constitutions were formed in the midst of a danger which repressed the passions most unfriendly to order and concord; of an enthusiastic confidence of the people in their patriotic leaders, which stifled the ordinary diversity of opinions on great national questions; of a universal ardor for new and opposite forms, produced by a universal resentment and indignation against the ancient government; and whilst no spirit of party connected with the changes to be made, or the abuses to be reformed, could mingle its leaven in the operation.
我们应该记住，所有现有的宪法都是在危险之中制定的，这种危险压制了对秩序与和谐最不利的激情；人民对爱国领导人充满热情，这抑制了在重大民族问题上的普遍意见分歧；对新的和相反的形式的普遍热情，源于对古代政府的普遍怨恨和愤慨；尽管没有任何党派精神参与到要进行的变革或要改革的弊端，但它们不能在行动中发挥作用。
The future situations in which we must expect to be usually placed, do not present any equivalent security against the danger which is apprehended.
我们必须预料到的未来情况通常不会对所担心的危险提供任何同等的安全保障。
But the greatest objection of all is, that the decisions which would probably result from such appeals would not answer the purpose of maintaining the constitutional equilibrium of the government.
但最大的反对意见是，此类上诉可能产生的决定不会满足维持政府宪法平衡的目的。
We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments.
我们已经看到，共和政府的倾向是加强立法而牺牲其他部门。
The appeals to the people, therefore, would usually be made by the executive and judiciary departments.
因此，向民众发出的呼吁通常是由行政部门和司法部门提出的。
But whether made by one side or the other, would each side enjoy equal advantages on the trial?
但无论是一方还是另一方，双方在审判中都享有平等的优势吗？
Let us view their different situations.
让我们看看他们的不同情况。
The members of the executive and judiciary departments are few in number, and can be personally known to a small part only of the people.
行政和司法部门的成员人数很少，只有一小部分人能够亲自认识。
The latter, by the mode of their appointment, as well as by the nature and permanency of it, are too far removed from the people to share much in their prepossessions.
后者，由于其任命方式及其性质和永久性，与人民相距甚远，无法与人民有太多共同的偏见。
The former are generally the objects of jealousy, and their administration is always liable to be discolored and rendered unpopular.
前者通常是嫉妒的对象，他们的政府总是容易变色和不受欢迎。
The members of the legislative department, on the other hand, are numerous.
另一方面，立法部门的成员众多。
They are distributed and dwell among the people at large.
他们分布并居住在广大人民中。
Their connections of blood, of friendship, and of acquaintance embrace a great proportion of the most influential part of the society.
他们的血缘、友谊和熟人关系涵盖了社会上最有影响力的大部分人。
The nature of their public trust implies a personal influence among the people, and that they are more immediately the confidential guardians of the rights and liberties of the people.
他们的公众信任的性质意味着他们在人民中具有个人影响力，并且他们更直接地是人民权利和自由的秘密守护者。
With these advantages, it can hardly be supposed that the adverse party would have an equal chance for a favorable issue.
有了这些优势，很难想象对方会有平等的机会获得有利的结果。
But the legislative party would not only be able to plead their cause most successfully with the people.
但立法党不仅能够最成功地向人民辩护他们的事业。
They would probably be constituted themselves the judges.
他们可能会被任命为法官。
The same influence which had gained them an election into the legislature, would gain them a seat in the convention.
使他们当选为立法机关的同样的影响力，也将使他们在国民大会中获得席位。
If this should not be the case with all, it would probably be the case with many, and pretty certainly with those leading characters, on whom every thing depends in such bodies.
如果不是所有人都是这种情况，那么很多人都可能是这种情况，而且很可能是那些主角，一切都取决于他们的身体。
The convention, in short, would be composed chiefly of men who had been, who actually were, or who expected to be, members of the department whose conduct was arraigned.
简而言之，大会将主要由曾经、实际上或预期成为其行为受到传讯的部门成员的人组成。
They would consequently be parties to the very question to be decided by them.
因此，他们将成为由他们决定的问题的当事方。
It might, however, sometimes happen, that appeals would be made under circumstances less adverse to the executive and judiciary departments.
然而，有时可能会出现在对行政和司法部门不太不利的情况下提出上诉的情况。
The usurpations of the legislature might be so flagrant and so sudden, as to admit of no specious coloring.
对立法机关的篡夺可能如此明目张胆、如此突然，以至于不容有任何似是而非的色彩。
A strong party among themselves might take side with the other branches.
他们之间的强大政党可能会站在其他分支一边。
The executive power might be in the hands of a peculiar favorite of the people.
行政权可能掌握在人民特别喜爱的人手中。
In such a posture of things, the public decision might be less swayed by prepossessions in favor of the legislative party.
在这种情况下，公共决策可能不会受到有利于立法党的偏见的影响。
But still it could never be expected to turn on the true merits of the question.
但仍然不能指望它能够揭示问题的真正优点。
It would inevitably be connected with the spirit of pre-existing parties, or of parties springing out of the question itself.
它不可避免地与先前存在的政党或从问题本身中产生的政党的精神有关。
It would be connected with persons of distinguished character and extensive influence in the community.
它将与社会上具有杰出品质和广泛影响力的人联系起来。
It would be pronounced by the very men who had been agents in, or opponents of, the measures to which the decision would relate.
宣布这一决定的正是那些曾是该决定所涉及措施的代理人或反对者。
The PASSIONS, therefore, not the REASON, of the public would sit in judgment.
因此，评判的依据是公众的激情，而不是理性。
But it is the reason, alone, of the public, that ought to control and regulate the government.
但正是公众的理性才应该控制和规范政府。
The passions ought to be controlled and regulated by the government.
这种激情应该由政府来控制和调节。
We found in the last paper, that mere declarations in the written constitution are not sufficient to restrain the several departments within their legal rights.
我们在上一篇论文中发现，仅仅在成文宪法中的声明并不足以将各个部门限制在其合法权利范围内。
It appears in this, that occasional appeals to the people would be neither a proper nor an effectual provision for that purpose.
由此看来，偶尔向人民发出呼吁既不是适当的也不是有效的规定。
How far the provisions of a different nature contained in the plan above quoted might be adequate, I do not examine.
上述计划中包含的不同性质的规定在多大程度上可能是足够的，我不研究。
Some of them are unquestionably founded on sound political principles, and all of them are framed with singular ingenuity and precision.
其中一些无疑是建立在合理的政治原则之上的，而且所有这些都是以独特的独创性和精确性来制定的。
PUBLIUS
普布利乌斯
FEDERALIST No. 50
联邦党人文集 50 号
Periodical Appeals to the People Considered
定期向相关人士发出呼吁
From the New York Packet.
来自纽约邮包。
Tuesday, February 5, 1788.
1788 年 2 月 5 日，星期二。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
IT MAY be contended, perhaps, that instead of OCCASIONAL appeals to the people, which are liable to the objections urged against them, PERIODICAL appeals are the proper and adequate means of PREVENTING AND CORRECTING INFRACTIONS OF THE CONSTITUTION.
也许有人会争辩说，定期呼吁是防止和纠正违反宪法行为的适当和充分的手段，而不是偶尔向人民提出呼吁，因为人民可能会遭到反对。
It will be attended to, that in the examination of these expedients, I confine myself to their aptitude for ENFORCING the Constitution, by keeping the several departments of power within their due bounds, without particularly considering them as provisions for ALTERING the Constitution itself.
需要注意的是，在审查这些权宜之计时，我将自己限制在它们执行宪法的能力范围内，将几个权力部门保持在其应有的范围内，而不特别将它们视为修改宪法本身的规定。
In the first view, appeals to the people at fixed periods appear to be nearly as ineligible as appeals on particular occasions as they emerge.
第一种观点认为，在固定时期向人民发出的呼吁似乎与在特定场合出现的呼吁一样不合格。
If the periods be separated by short intervals, the measures to be reviewed and rectified will have been of recent date, and will be connected with all the circumstances which tend to vitiate and pervert the result of occasional revisions.
如果这些时期间隔很短，则需要审查和纠正的措施将是最近的日期，并且将与所有可能破坏和歪曲偶尔修订的结果的情况有关。
If the periods be distant from each other, the same remark will be applicable to all recent measures; and in proportion as the remoteness of the others may favor a dispassionate review of them, this advantage is inseparable from inconveniences which seem to counterbalance it.
如果时间间隔相距较远，则同样的说明将适用于所有最近的措施；尽管其他地方地处偏远，可能有利于对它们进行冷静的审查，但这种优势与似乎抵消它的不便密不可分。
In the first place, a distant prospect of public censure would be a very feeble restraint on power from those excesses to which it might be urged by the force of present motives.
首先，公众谴责的遥远前景将是对权力的一种非常微弱的限制，使其免受当前动机的力量可能促使的过度行为的影响。
Is it to be imagined that a legislative assembly, consisting of a hundred or two hundred members, eagerly bent on some favorite object, and breaking through the restraints of the Constitution in pursuit of it, would be arrested in their career, by considerations drawn from a censorial revision of their conduct at the future distance of ten, fifteen, or twenty years?
是否可以想象，一个由一百或两百名议员组成的立法议会，热切地致力于某个最喜欢的目标，并突破宪法的限制来追求它，会因为在未来十年、十五年或二十年后对其行为进行审查而受到阻碍？
In the next place, the abuses would often have completed their mischievous effects before the remedial provision would be applied.
其次，在采取补救措施之前，滥用行为往往已经造成了恶作剧的后果。
And in the last place, where this might not be the case, they would be of long standing, would have taken deep root, and would not easily be extirpated.
最后，即使情况并非如此，它们也会长期存在，扎根很深，不会轻易被消灭。
The scheme of revising the constitution, in order to correct recent breaches of it, as well as for other purposes, has been actually tried in one of the States.
为了纠正最近违反宪法的行为以及其他目的，修改宪法的计划实际上已经在其中一个州进行了尝试。
One of the objects of the Council of Censors which met in Pennsylvania in 1783 and 1784, was, as we have seen, to inquire, "whether the constitution had been violated, and whether the legislative and executive departments had encroached upon each other." This important and novel experiment in politics merits, in several points of view, very particular attention.
正如我们所见，1783 年和 1784 年在宾夕法尼亚州召开的审查委员会的目的之一是询问“宪法是否被违反，立法部门和行政部门是否相互侵犯”。从几个角度来看，这一重要而新颖的政治实验值得特别关注。
In some of them it may, perhaps, as a single experiment, made under circumstances somewhat peculiar, be thought to be not absolutely conclusive.
在其中一些实验中，也许，作为在有些特殊的情况下进行的单一实验，它可能被认为不是绝对结论性的。
But as applied to the case under consideration, it involves some facts, which I venture to remark, as a complete and satisfactory illustration of the reasoning which I have employed.
但当应用于正在考虑的案件时，它涉及到一些事实，我冒昧地指出这些事实，作为对我所采用的推理的完整和令人满意的说明。
First.
第一的。
It appears, from the names of the gentlemen who composed the council, that some, at least, of its most active members had also been active and leading characters in the parties which pre-existed in the State.
从组成该委员会的绅士们的名字来看，至少有一些最活跃的成员也是该国先前存在的政党中的活跃人物和领导人物。
Second.
第二。
It appears that the same active and leading members of the council had been active and influential members of the legislative and executive branches, within the period to be reviewed; and even patrons or opponents of the very measures to be thus brought to the test of the constitution.
看来，在审查期间，该委员会的同样积极和领导成员一直是立法和行政部门积极和有影响力的成员；甚至是对宪法进行检验的措施的支持者或反对者。
Two of the members had been vice-presidents of the State, and several other members of the executive council, within the seven preceding years.
其中两名成员在此前七年内曾担任过国家副主席，其他几位成员曾担任执行委员会成员。
One of them had been speaker, and a number of others distinguished members, of the legislative assembly within the same period.
其中一位曾担任同一时期立法会议的议长，其他一些人是立法会议的杰出成员。
Third.
第三。
Every page of their proceedings witnesses the effect of all these circumstances on the temper of their deliberations.
他们的诉讼程序的每一页都见证了所有这些情况对他们审议的气氛的影响。
Throughout the continuance of the council, it was split into two fixed and violent parties.
在理事会的整个持续过程中，它分裂成两个固定且暴力的政党。
The fact is acknowledged and lamented by themselves.
这是他们自己所承认和感叹的事实。
Had this not been the case, the face of their proceedings exhibits a proof equally satisfactory.
如果情况并非如此，他们的诉讼程序的表面显示出同样令人满意的证据。
In all questions, however unimportant in themselves, or unconnected with each other, the same names stand invariably contrasted on the opposite columns.
在所有问题中，无论其本身多么不重要，或者彼此之间没有联系，相同的名字总是在相对的列上形成对比。
Every unbiased observer may infer, without danger of mistake, and at the same time without meaning to reflect on either party, or any individuals of either party, that, unfortunately, PASSION, not REASON, must have presided over their decisions.
每个公正的观察者都可以推断，在没有犯错的危险的情况下，同时也无意反思任何一方或任何一方的任何个人，不幸的是，他们的决定一定是激情，而不是理性。
When men exercise their reason coolly and freely on a variety of distinct questions, they inevitably fall into different opinions on some of them.
当人们在各种不同的问题上冷静而自由地运用理性时，他们不可避免地会对其中一些问题产生不同的看法。
When they are governed by a common passion, their opinions, if they are so to be called, will be the same.
当他们受到共同热情的支配时，他们的观点（如果可以这样称呼的话）将会是相同的。
Fourth.
第四。
It is at least problematical, whether the decisions of this body do not, in several instances, misconstrue the limits prescribed for the legislative and executive departments, instead of reducing and limiting them within their constitutional places.
至少有问题的是，该机构的决定是否在某些情况下误解了为立法和行政部门规定的限制，而不是在其宪法地位内减少和限制它们。
Fifth.
第五。
I have never understood that the decisions of the council on constitutional questions, whether rightly or erroneously formed, have had any effect in varying the practice founded on legislative constructions.
我一直不明白，委员会关于宪法问题的决定，无论是正确的还是错误的，会对改变基于立法结构的实践产生任何影响。
It even appears, if I mistake not, that in one instance the contemporary legislature denied the constructions of the council, and actually prevailed in the contest.
如果我没有记错的话，甚至似乎有一次，当代立法机关否认了理事会的构建，并且实际上在这场竞争中获胜。
This censorial body, therefore, proves at the same time, by its researches, the existence of the disease, and by its example, the inefficacy of the remedy.
因此，这个审查机构同时通过其研究证明了这种疾病的存在，并通过其实例证明了治疗方法的无效性。
This conclusion cannot be invalidated by alleging that the State in which the experiment was made was at that crisis, and had been for a long time before, violently heated and distracted by the rage of party.
这一结论不能因为声称进行实验的国家正处于这场危机而变得无效，而且在此之前很长一段时间以来，该国一直处于剧烈的狂热之中，并被政党的愤怒所分散。
Is it to be presumed, that at any future septennial epoch the same State will be free from parties?
是否可以假设，在未来的任何一个七周年时期，同一个国家将没有政党？
Is it to be presumed that any other State, at the same or any other given period, will be exempt from them?
是否可以推定任何其他国家在同一时期或任何其他特定时期将免受这些约束？
Such an event ought to be neither presumed nor desired; because an extinction of parties necessarily implies either a universal alarm for the public safety, or an absolute extinction of liberty.
这样的事件既不应该被假定，也不应该被期望；因为政党的消失必然意味着要么对公共安全发出普遍的警报，要么意味着自由的绝对消失。
Were the precaution taken of excluding from the assemblies elected by the people, to revise the preceding administration of the government, all persons who should have been concerned with the government within the given period, the difficulties would not be obviated.
如果在一定期限内采取预防措施，将所有本应与政府有关的人排除在人民选举的议会之外，以修改政府的先前行政管理，那么困难就不会消除。
The important task would probably devolve on men, who, with inferior capacities, would in other respects be little better qualified.
重要的任务可能会落在男人身上，而男人的能力较差，在其他方面也没有什么资格。
Although they might not have been personally concerned in the administration, and therefore not immediately agents in the measures to be examined, they would probably have been involved in the parties connected with these measures, and have been elected under their auspices.
尽管他们个人可能不参与行政管理，因此不是待审查措施的直接代理人，但他们可能参与了与这些措施有关的政党，并在他们的主持下当选。
PUBLIUS
普布利乌斯
FEDERALIST No. 51
联邦党人文集第 51 号
The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments.
政府的结构必须在不同部门之间提供适当的制衡。
For the Independent Journal.
对于独立杂志。
Wednesday, February 6, 1788.
1788 年 2 月 6 日，星期三。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution?
那么，为了在实践中维持宪法规定的几个部门之间必要的权力划分，我们最终应该采取什么权宜之计呢？
The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.
唯一可以给出的答案是，由于发现所有这些外部规定都是不充分的，因此必须通过设计政府的内部结构来弥补缺陷，以便政府的几个组成部分可以通过它们的相互关系，成为使彼此保持在适当位置的手段。
Without presuming to undertake a full development of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention.
在不打算对这一重要思想进行全面阐述的情况下，我将冒昧地提出一些一般性的观察，这或许可以使我们对这一思想有更清晰的认识，并使我们能够对大会所规划的政府的原则和结构形成更正确的判断。
In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.
为了为政府不同权力的单独和明确行使奠定适当的基础（在某种程度上，所有人都承认这对于维护自由至关重要），显然每个部门都应该有自己的意愿；因此，其组成应使每一方的成员在任命其他方的成员时拥有尽可能少的代理权。
Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another.
如果严格遵守这一原则，就要求所有最高行政机关、立法机关和司法机关的任命都应来自同一个权力源泉——人民，通过彼此没有任何沟通的渠道。
Perhaps such a plan of constructing the several departments would be less difficult in practice than it may in contemplation appear.
也许这样一个建立多个部门的计划在实践中不会像想象中那样困难。
Some difficulties, however, and some additional expense would attend the execution of it.
然而，执行过程中会遇到一些困难，并产生一些额外费用。
Some deviations, therefore, from the principle must be admitted.
因此，必须承认与原则的一些偏差。
In the constitution of the judiciary department in particular, it might be inexpedient to insist rigorously on the principle: first, because peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; secondly, because the permanent tenure by which the appointments are held in that department, must soon destroy all sense of dependence on the authority conferring them.
特别是在司法部门的组成中，严格坚持以下原则可能是不合适的：第一，由于成员必须具备特殊的资格，因此首先应该考虑选择最能保证这些资格的选择方式；其次，因为该部门任命的长期任期必须很快消除对授予他们的权力的所有依赖感。
It is equally evident, that the members of each department should be as little dependent as possible on those of the others, for the emoluments annexed to their offices.
同样明显的是，每个部门的成员在其办公室附属的薪酬方面应尽可能少地依赖其他部门的成员。
Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal.
如果行政法官或法官在这方面不独立于立法机关，那么他们在其他方面的独立性就只是名义上的。
But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.
但是，防止多个权力逐渐集中在同一部门的巨大保障在于，向管理每个部门的人提供必要的宪法手段和个人动机，以抵制其他部门的侵犯。
The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack.
与所有其他情况一样，在这种情况下，防御措施必须与攻击的危险相称。
Ambition must be made to counteract ambition.
必须用野心来对抗野心。
The interest of the man must be connected with the constitutional rights of the place.
人的利益必须与地方的宪法权利联系起来。
It may be a reflection on human nature, that such devices should be necessary to control the abuses of government.
这可能是对人性的反思，这样的设备对于控制政府的滥用行为是必要的。
But what is government itself, but the greatest of all reflections on human nature?
但政府本身不就是对人性最伟大的反思吗？
If men were angels, no government would be necessary.
如果人是天使，就不需要政府了。
If angels were to govern men, neither external nor internal controls on government would be necessary.
如果天使要统治人类，那么对政府的外部或内部控制就不再是必要的了。
In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
建立一个人治人的政府，最大的困难在于：首先必须使政府能够控制被统治者；其次，迫使它自我控制。
A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.
毫无疑问，对人民的依赖是对政府的首要控制；但经验告诉人类必须采取辅助预防措施。
This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public.
这种通过对立和竞争的利益弥补更好动机缺陷的政策，可以追溯到整个人类事务体系，无论是私人事务还是公共事务。
We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other--that the private interest of every individual may be a sentinel over the public rights.
我们在所有从属权力分配中都看到了这一点，其一贯的目标是划分和安排多个办公室，使每个办公室都可以相互制衡——每个人的私人利益都可以成为公共权利的哨兵。
These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State.
这些审慎的发明对于国家最高权力的分配来说是必不可少的。
But it is not possible to give to each department an equal power of self-defense.
但不可能赋予每个部门同等的自卫权。
In republican government, the legislative authority necessarily predominates.
在共和政府中，立法权必然占主导地位。
The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.
解决这种不便的办法是将立法机关划分为不同的分支；并通过不同的选举方式和不同的行动原则，使他们在其共同职能的性质和对社会的共同依赖所允许的范围内尽量减少彼此之间的联系。
It may even be necessary to guard against dangerous encroachments by still further precautions.
甚至可能有必要采取进一步的预防措施来防止危险的侵犯。
As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified.
由于立法权的分量要求如此划分，而行政权的弱点可能要求在另一方面加强它。
An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed.
乍一看，对立法机关的绝对否定似乎是行政法官应该武装起来的自然防御。
But perhaps it would be neither altogether safe nor alone sufficient.
但也许它既不完全安全，也不足够。
On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused.
在一般情况下，它可能不会得到必要的坚定执行，而在特殊情况下，它可能会被背信弃义地滥用。
May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department?
这种绝对否定的缺陷难道不能通过这个较弱的部门和较强部门的较弱部门之间的某种限定联系来弥补吗？通过这种联系，后者可能会支持前者的宪法权利，而不会过多地脱离自己部门的权利？
If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a criterion to the several State constitutions, and to the federal Constitution it will be found that if the latter does not perfectly correspond with them, the former are infinitely less able to bear such a test.
如果这些意见所依据的原则是公正的（正如我说服自己的那样），并且将它们作为几个州宪法和联邦宪法的标准，那么我们会发现，如果后者不能完全符合这些原则，那么前者就无法承受这样的考验。
There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view.
此外，有两个特别适用于美国联邦制的考虑因素，使该制度处于一个非常有趣的角度。
First.
第一的。
In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments.
在单一共和国中，人民交出的所有权力均由单一政府管理；政府划分为不同的独立部门，以防止篡夺行为。
In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments.
在复合的美利坚共和国中，人民交出的权力首先分配给两个不同的政府，然后分配给每个政府的部分又细分给不同的独立部门。
Hence a double security arises to the rights of the people.
这样，人民的权利就出现了双重保障。
The different governments will control each other, at the same time that each will be controlled by itself.
不同的政府将相互控制，同时每个政府也将被自己控制。
Second.
第二。
It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part.
在共和政体中，不仅要保护社会免受统治者的压迫，而且要保护社会的一部分免受另一部分的不公正，这一点非常重要。
Different interests necessarily exist in different classes of citizens.
不同阶层的公民必然存在不同的利益。
If a majority be united by a common interest, the rights of the minority will be insecure.
如果多数人因共同利益而团结在一起，少数人的权利就会得不到保障。
There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority--that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable.
对抗这种罪恶的方法只有两种：一种是在社区中建立独立于大多数人（即社会本身）的意志；另一方面，社会中对公民的多种不同描述将使大多数人的不公正结合变得非常不可能，甚至是不切实际的。
The first method prevails in all governments possessing an hereditary or self-appointed authority.
第一种方法盛行于所有拥有世袭或自封权力的政府。
This, at best, is but a precarious security; because a power independent of the society may as well espouse the unjust views of the major, as the rightful interests of the minor party, and may possibly be turned against both parties.
这充其量只是一种不稳定的保障；因为独立于社会的权力可能会支持多数派的不公正观点，就像支持少数派的合法利益一样，并且可能会反对双方。
The second method will be exemplified in the federal republic of the United States.
第二种方法将以美利坚合众国为例。
Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority.
虽然社会中的所有权威都来自于社会并依赖于社会，但社会本身将被分为许多部分、利益和公民阶级，以至于个人或少数人的权利不会受到多数人利益联合的威胁。
In a free government the security for civil rights must be the same as that for religious rights.
在自由政府中，公民权利的保障必须与宗教权利的保障相同。
It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects.
一种情况是利益的多样性，另一种情况是教派的多样性。
The degree of security in both cases will depend on the number of interests and sects; and this may be presumed to depend on the extent of country and number of people comprehended under the same government.
这两种情况的安全程度取决于利益集团和教派的数量；这可能取决于国家的范围和同一政府管辖的人口数量。
This view of the subject must particularly recommend a proper federal system to all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the Union may be formed into more circumscribed Confederacies, or States oppressive combinations of a majority will be facilitated: the best security, under the republican forms, for the rights of every class of citizens, will be diminished: and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased.
这一主题的观点必须特别向共和政府的所有真诚和体贴的朋友推荐一种适当的联邦制度，因为它表明，随着联邦领土可能形成更受限制的邦联或国家，多数人的压迫性联合将得到促进：在共和形式下，对每个阶级公民的权利的最佳安全将被削弱：因此，政府某些成员的稳定性和独立性，唯一的其他安全，必须相应地增加。
Justice is the end of government.
正义是政府的目的。
It is the end of civil society.
这是公民社会的终结。
It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.
它过去和将来都将被追求，直到它获得为止，或者直到在追求中失去自由为止。
In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful.
在一个强派可以轻易联合并压迫弱派的社会中，可以说，无政府状态盛行，就像在自然状态下一样，在自然状态下，弱者无法免受强者的暴力；因为，在后一种情况下，即使是最坚强的个人，也会因自身状况的不确定性而屈服于一个既能保护弱者又能保护他们自己的政府；因此，在前一种情况下，更强大的派别或政党会出于类似的动机而逐渐诱导他们希望建立一个能够保护所有政党的政府，无论是弱者还是强者。
It can be little doubted that if the State of Rhode Island was separated from the Confederacy and left to itself, the insecurity of rights under the popular form of government within such narrow limits would be displayed by such reiterated oppressions of factious majorities that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it.
毫无疑问，如果罗德岛州从邦联中分离出来，任由其自行发展，那么，在如此狭隘的范围内，人民政府形式下的权利的不安全感将通过对派系多数派的一再压迫而表现出来，以至于那些完全独立于人民的权力很快就会被那些派系的声音所要求，而这些派系的错误统治已经证明了这种权力的必要性。
In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good; whilst there being thus less danger to a minor from the will of a major party, there must be less pretext, also, to provide for the security of the former, by introducing into the government a will not dependent on the latter, or, in other words, a will independent of the society itself.
在幅员辽阔的美利坚合众国，以及它所拥护的各种利益、政党和教派中，整个社会大多数人的联合很少会基于正义和公共利益以外的任何其他原则；因此，虽然主要政党的意志对未成年人造成的危险较小，但通过在政府中引入不依赖于后者的意志，或者换句话说，独立于社会本身的意志来为前者的安全提供保障的借口也必须较少。
It is no less certain than it is important, notwithstanding the contrary opinions which have been entertained, that the larger the society, provided it lie within a practical sphere, the more duly capable it will be of self-government.
尽管存在相反的意见，但同样重要的是，社会越大，只要它处于实际范围内，它就越有能力进行自治。
And happily for the REPUBLICAN CAUSE, the practicable sphere may be carried to a very great extent, by a judicious modification and mixture of the FEDERAL PRINCIPLE.
对于共和事业来说，幸运的是，通过对联邦原则的明智修改和混合，可以在很大程度上实现可行的范围。
PUBLIUS
普布利乌斯
FEDERALIST No. 52
联邦党人文集 52 号
The House of Representatives
众议院
From the New York Packet.
来自纽约邮包。
Friday, February 8, 1788.
1788 年 2 月 8 日星期五。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
FROM the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government.
从最后四篇论文中进行的更一般性的调查，我转而对政府的几个部门进行更具体的审查。
I shall begin with the House of Representatives.
我将从众议院开始。
The first view to be taken of this part of the government relates to the qualifications of the electors and the elected.
对这部分政府的第一个看法涉及选民和当选者的资格。
Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures.
前者的选举人的选举权与州立法机构中人数最多的分支的选举人的选举人的选举人相同。
The definition of the right of suffrage is very justly regarded as a fundamental article of republican government.
选举权的定义被非常公正地视为共和政府的一项基本条款。
It was incumbent on the convention, therefore, to define and establish this right in the Constitution.
因此，制宪会议有责任在宪法中界定和确立这项权利。
To have left it open for the occasional regulation of the Congress, would have been improper for the reason just mentioned.
出于刚才提到的原因，让其开放供国会偶尔监管是不合适的。
To have submitted it to the legislative discretion of the States, would have been improper for the same reason; and for the additional reason that it would have rendered too dependent on the State governments that branch of the federal government which ought to be dependent on the people alone.
出于同样的原因，将其提交给各州立法酌处权也是不适当的；另外一个原因是，它会使联邦政府的这个部门过于依赖州政府，而本应仅依赖于人民。
To have reduced the different qualifications in the different States to one uniform rule, would probably have been as dissatisfactory to some of the States as it would have been difficult to the convention.
将不同国家的不同资格简化为一项统一的规则，可能会令某些国家不满意，就像公约难以做到这一点一样。
The provision made by the convention appears, therefore, to be the best that lay within their option.
因此，公约的规定似乎是他们所能选择的最佳规定。
It must be satisfactory to every State, because it is conformable to the standard already established, or which may be established, by the State itself.
它必须令每个国家满意，因为它符合国家本身已经制定或可能制定的标准。
It will be safe to the United States, because, being fixed by the State constitutions, it is not alterable by the State governments, and it cannot be feared that the people of the States will alter this part of their constitutions in such a manner as to abridge the rights secured to them by the federal Constitution.
这对美国来说是安全的，因为它是由州宪法确定的，州政府不能改变，而且不用担心各州人民会修改宪法的这一部分，从而削弱联邦宪法赋予他们的权利。
The qualifications of the elected, being less carefully and properly defined by the State constitutions, and being at the same time more susceptible of uniformity, have been very properly considered and regulated by the convention.
各州宪法对当选人的资格没有那么仔细和适当的界定，同时也更容易出现统一性，但制宪会议已对当选人的资格进行了非常适当的考虑和规定。
A representative of the United States must be of the age of twenty-five years; must have been seven years a citizen of the United States; must, at the time of his election, be an inhabitant of the State he is to represent; and, during the time of his service, must be in no office under the United States.
美国代表必须年满二十五岁；成为美国公民必须已经七年；在当选时，必须是他所代表的州的居民；并且在任职期间不得在美国境内担任任何职务。
Under these reasonable limitations, the door of this part of the federal government is open to merit of every description, whether native or adoptive, whether young or old, and without regard to poverty or wealth, or to any particular profession of religious faith.
在这些合理的限制下，联邦政府的这一部分的大门向各种优点敞开，无论是本土的还是收养的，无论年轻还是年老，不考虑贫穷或财富，也不考虑任何特定的宗教信仰。
The term for which the representatives are to be elected falls under a second view which may be taken of this branch.
代表的选举任期属于本部门可能采取的第二种观点。
In order to decide on the propriety of this article, two questions must be considered: first, whether biennial elections will, in this case, be safe; secondly, whether they be necessary or useful.
为了确定本文的适当性，必须考虑两个问题：首先，在这种情况下，两年一次的选举是否安全；其次，它们是否必要或有用。
First.
第一的。
As it is essential to liberty that the government in general should have a common interest with the people, so it is particularly essential that the branch of it under consideration should have an immediate dependence on, and an intimate sympathy with, the people.
由于对自由来说，政府总体上应与人民有共同利益是至关重要的，因此，所考虑的政府部门应直接依赖人民并密切同情人民，这一点尤为重要。
Frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured.
频繁的选举无疑是能够有效确保这种依赖和同情的唯一政策。
But what particular degree of frequency may be absolutely necessary for the purpose, does not appear to be susceptible of any precise calculation, and must depend on a variety of circumstances with which it may be connected.
但是对于该目的来说，什么特定程度的频率可能是绝对必要的，似乎不受任何精确计算的影响，并且必须取决于与其相关的各种情况。
Let us consult experience, the guide that ought always to be followed whenever it can be found.
让我们参考经验，只要找到了就应该始终遵循的指南。
The scheme of representation, as a substitute for a meeting of the citizens in person, being at most but very imperfectly known to ancient polity, it is in more modern times only that we are to expect instructive examples.
代表制作为公民面对面会议的替代方案，对于古代政体来说至多但知之甚少，只有在更现代的时期，我们才能期待有启发性的例子。
And even here, in order to avoid a research too vague and diffusive, it will be proper to confine ourselves to the few examples which are best known, and which bear the greatest analogy to our particular case.
即使在这里，为了避免研究过于模糊和分散，我们最好将自己限制在几个最著名的、与我们的具体案例最相似的例子上。
The first to which this character ought to be applied, is the House of Commons in Great Britain.
第一个应该应用这个特征的是英国下议院。
The history of this branch of the English Constitution, anterior to the date of Magna Charta, is too obscure to yield instruction.
在《大宪章》颁布之前，英国宪法这一分支的历史太晦涩难懂，无法提供指导。
The very existence of it has been made a question among political antiquaries.
它的存在本身已成为政治古物收藏者的疑问。
The earliest records of subsequent date prove that parliaments were to SIT only every year; not that they were to be ELECTED every year.
随后日期的最早记录证明，议会每年只举行一次静坐会议；并不是说他们每年都会当选。
And even these annual sessions were left so much at the discretion of the monarch, that, under various pretexts, very long and dangerous intermissions were often contrived by royal ambition.
甚至这些年度会议也很大程度上由君主自行决定，以至于出于王室的野心，常常会以各种借口安排非常长而危险的休会。
To remedy this grievance, it was provided by a statute in the reign of Charles II, that the intermissions should not be protracted beyond a period of three years.
为了弥补这种不满，查理二世统治时期制定了一项法令，规定中场休息的时间不得超过三年。
On the accession of William III, when a revolution took place in the government, the subject was still more seriously resumed, and it was declared to be among the fundamental rights of the people that parliaments ought to be held FREQUENTLY.
威廉三世即位后，当政府发生革命时，这一主题被更加严肃地恢复，并宣布经常召开议会是人民的基本权利之一。
By another statute, which passed a few years later in the same reign, the term "frequently," which had alluded to the triennial period settled in the time of Charles II, is reduced to a precise meaning, it being expressly enacted that a new parliament shall be called within three years after the termination of the former.
几年后在同一个统治时期通过的另一项法令，“经常”一词（暗指查理二世时期规定的三年期）被简化为精确的含义，明确规定应在前一届议会终止后三年内召开新议会。
The last change, from three to seven years, is well known to have been introduced pretty early in the present century, under an alarm for the Hanoverian succession.
众所周知，最后一次变革是在本世纪初，在汉诺威王位继承的警报下引入的，从三年到七年。
From these facts it appears that the greatest frequency of elections which has been deemed necessary in that kingdom, for binding the representatives to their constituents, does not exceed a triennial return of them.
从这些事实看来，为了使代表与其选民保持联系，在该王国被认为必要的选举的最大频率不超过他们每三年选举一次。
And if we may argue from the degree of liberty retained even under septennial elections, and all the other vicious ingredients in the parliamentary constitution, we cannot doubt that a reduction of the period from seven to three years, with the other necessary reforms, would so far extend the influence of the people over their representatives as to satisfy us that biennial elections, under the federal system, cannot possibly be dangerous to the requisite dependence of the House of Representatives on their constituents.
如果我们可以从即使在七年一次的选举中保留的自由程度以及议会宪法中的所有其他邪恶成分来论证，我们毫不怀疑，将期限从七年缩短到三年，并进行其他必要的改革，将大大扩大人民对其代表的影响力，以使我们确信，在联邦制度下，两年一次的选举不可能对众议院对其选民的必要依赖产生危险。
Elections in Ireland, till of late, were regulated entirely by the discretion of the crown, and were seldom repeated, except on the accession of a new prince, or some other contingent event.
直到最近，爱尔兰的选举完全由王室自行决定，并且很少重复，除非新王子即位或发生其他偶然事件。
The parliament which commenced with George II.
议会由乔治二世开始。
was continued throughout his whole reign, a period of about thirty-five years.
这种做法贯穿了他整个统治时期，大约三十五年。
The only dependence of the representatives on the people consisted in the right of the latter to supply occasional vacancies by the election of new members, and in the chance of some event which might produce a general new election.
代表们对人民的唯一依赖在于人民有权通过选举新议员来填补偶尔的空缺，以及在发生某些事件时可能产生新的大选。
The ability also of the Irish parliament to maintain the rights of their constituents, so far as the disposition might exist, was extremely shackled by the control of the crown over the subjects of their deliberation.
就爱尔兰议会可能存在的处置而言，爱尔兰议会维护其选民权利的能力也因王室对其审议主题的控制而受到极大束缚。
Of late these shackles, if I mistake not, have been broken; and octennial parliaments have besides been established.
如果我没记错的话，最近这些枷锁已经被打破了。此外还建立了每十年一次的议会。
What effect may be produced by this partial reform, must be left to further experience.
这局部改革能产生什么效果，有待进一步体验。
The example of Ireland, from this view of it, can throw but little light on the subject.
从这个角度来看，爱尔兰的例子并不能说明这个问题。
As far as we can draw any conclusion from it, it must be that if the people of that country have been able under all these disadvantages to retain any liberty whatever, the advantage of biennial elections would secure to them every degree of liberty, which might depend on a due connection between their representatives and themselves.
就我们可以从中得出的任何结论而言，如果该国人民在所有这些不利条件下仍能够保留任何自由，那么两年一次选举的优势将确保他们享有各种程度的自由，这可能取决于他们的代表与他们自己之间的适当联系。
Let us bring our inquiries nearer home.
让我们把我们的询问带到离家更近的地方。
The example of these States, when British colonies, claims particular attention, at the same time that it is so well known as to require little to be said on it.
这些曾经是英国殖民地的国家的例子值得特别关注，同时它又众所周知，无需多言。
The principle of representation, in one branch of the legislature at least, was established in all of them.
至少在立法机关的一个分支中，代表权原则在所有这些分支中都得到了确立。
But the periods of election were different.
但选举时期有所不同。
They varied from one to seven years.
期限从一年到七年不等。
Have we any reason to infer, from the spirit and conduct of the representatives of the people, prior to the Revolution, that biennial elections would have been dangerous to the public liberties?
我们是否有任何理由从革命前人民代表的精神和行为推断两年一次的选举会对公共自由构成危险？
The spirit which everywhere displayed itself at the commencement of the struggle, and which vanquished the obstacles to independence, is the best of proofs that a sufficient portion of liberty had been everywhere enjoyed to inspire both a sense of its worth and a zeal for its proper enlargement This remark holds good, as well with regard to the then colonies whose elections were least frequent, as to those whose elections were most frequent Virginia was the colony which stood first in resisting the parliamentary usurpations of Great Britain; it was the first also in espousing, by public act, the resolution of independence.
斗争开始时到处表现出来的精神，克服了独立障碍的精神，是最好的证明，证明到处都享有足够的自由，以激发人们对自由的价值的认识和适当扩大自由的热情。这句话适用于当时选举最少的殖民地，也适用于选举最频繁的殖民地。弗吉尼亚是最先抵制英国议会篡夺的殖民地。这也是第一个通过公共法案支持独立的决议。
In Virginia, nevertheless, if I have not been misinformed, elections under the former government were septennial.
然而，在弗吉尼亚州，如果我没有被误导的话，前政府领导下的选举是七年一次。
This particular example is brought into view, not as a proof of any peculiar merit, for the priority in those instances was probably accidental; and still less of any advantage in SEPTENNIAL elections, for when compared with a greater frequency they are inadmissible; but merely as a proof, and I conceive it to be a very substantial proof, that the liberties of the people can be in no danger from BIENNIAL elections.
这个特殊的例子并不是作为任何特殊优点的证明，因为在这些情况下的优先权可能是偶然的；在七次选举中更没有任何优势，因为与更高的频率相比，它们是不可接受的；但仅仅作为一个证据，我认为这是一个非常实质性的证据，证明人民的自由不会受到两年期选举的威胁。
The conclusion resulting from these examples will be not a little strengthened by recollecting three circumstances.
通过回忆三种情况，这些例子得出的结论将会得到不少加强。
The first is, that the federal legislature will possess a part only of that supreme legislative authority which is vested completely in the British Parliament; and which, with a few exceptions, was exercised by the colonial assemblies and the Irish legislature.
第一，联邦立法机关仅拥有部分最高立法权，而这一权力完全属于英国议会；除少数例外，该权力由殖民地议会和爱尔兰立法机关行使。
It is a received and well-founded maxim, that where no other circumstances affect the case, the greater the power is, the shorter ought to be its duration; and, conversely, the smaller the power, the more safely may its duration be protracted.
这是一条广为接受且有理有据的格言：在没有其他情况影响案件的情况下，权力越大，其持续时间应该越短；反之，功率越小，其持续时间就越安全。
In the second place, it has, on another occasion, been shown that the federal legislature will not only be restrained by its dependence on its people, as other legislative bodies are, but that it will be, moreover, watched and controlled by the several collateral legislatures, which other legislative bodies are not.
其次，事实再次表明，联邦立法机构不仅会像其他立法机构那样受到对其人民的依赖的限制，而且还会受到几个附属立法机构的监督和控制，而其他立法机构则不然。
And in the third place, no comparison can be made between the means that will be possessed by the more permanent branches of the federal government for seducing, if they should be disposed to seduce, the House of Representatives from their duty to the people, and the means of influence over the popular branch possessed by the other branches of the government above cited.
第三，联邦政府较常设部门所拥有的手段（如果它们有意引诱众议院放弃对人民的职责）与上述政府其他部门所拥有的对民众部门施加影响的手段是无法比较的。
With less power, therefore, to abuse, the federal representatives can be less tempted on one side, and will be doubly watched on the other.
因此，随着滥用权力的减少，联邦代表一方面可以减少诱惑，另一方面也将受到双重监视。
PUBLIUS
普布利乌斯
FEDERALIST No. 53
联邦党人文集第 53 号
The Same Subject Continued (The House of Representatives)
同一主题继续（众议院）
For the Independent Journal.
对于独立杂志。
Saturday, February 9, 1788.
1788 年 2 月 9 日，星期六。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
I SHALL here, perhaps, be reminded of a current observation, "that where annual elections end, tyranny begins." If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true, that when once established, they are often applied to cases to which the reason of them does not extend.
也许，我应该在这里想起当前的一个观察，“年度选举结束的地方，暴政就开始了”。如果真如人们常说的那样，成为谚语的谚语通常都是建立在理性基础上的，那么同样正确的是，一旦建立起来，它们常常被应用于其理由无法延伸的情况。
I need not look for a proof beyond the case before us.
我不需要在我们面前的案件之外寻找证据。
What is the reason on which this proverbial observation is founded?
这个谚语的观察依据是什么？
No man will subject himself to the ridicule of pretending that any natural connection subsists between the sun or the seasons, and the period within which human virtue can bear the temptations of power.
没有人会因为假装太阳或季节与人类美德能够承受权力诱惑的时期之间存在任何自然联系而受到嘲笑。
Happily for mankind, liberty is not, in this respect, confined to any single point of time; but lies within extremes, which afford sufficient latitude for all the variations which may be required by the various situations and circumstances of civil society.
对人类来说幸运的是，在这方面，自由并不局限于任何单一时间点；但存在极端情况，为公民社会的各种情况和情况可能需要的所有变化提供足够的自由度。
The election of magistrates might be, if it were found expedient, as in some instances it actually has been, daily, weekly, or monthly, as well as annual; and if circumstances may require a deviation from the rule on one side, why not also on the other side?
如果认为有利的话，地方法官的选举可以是每天、每周、每月以及每年进行一次，在某些情况下确实如此；如果情况可能要求一方偏离规则，为什么另一方不也可以呢？
Turning our attention to the periods established among ourselves, for the election of the most numerous branches of the State legislatures, we find them by no means coinciding any more in this instance, than in the elections of other civil magistrates.
将我们的注意力转向我们之间所确定的时期，即选举州立法机构数量最多的分支机构时，我们发现在这种情况下，它们与其他民事法官的选举完全不重合。
In Connecticut and Rhode Island, the periods are half-yearly.
在康涅狄格州和罗德岛州，周期为半年一次。
In the other States, South Carolina excepted, they are annual.
在其他州（南卡罗来纳州除外），它们是一年一度的。
In South Carolina they are biennial--as is proposed in the federal government.
在南卡罗来纳州，正如联邦政府所提议的那样，它们每两年举办一次。
Here is a difference, as four to one, between the longest and shortest periods; and yet it would be not easy to show, that Connecticut or Rhode Island is better governed, or enjoys a greater share of rational liberty, than South Carolina; or that either the one or the other of these States is distinguished in these respects, and by these causes, from the States whose elections are different from both.
最长周期和最短周期之间有四比一的差异。然而，要证明康涅狄格州或罗德岛州比南卡罗来纳州治理得更好，或者享有更多的理性自由，这并不容易；或者这些州中的一个或另一个在这些方面并通过这些原因区别于其选举与这两个州不同的州。
In searching for the grounds of this doctrine, I can discover but one, and that is wholly inapplicable to our case.
在寻找这一学说的根据时，我只能发现一个，而这完全不适用于我们的情况。
The important distinction so well understood in America, between a Constitution established by the people and unalterable by the government, and a law established by the government and alterable by the government, seems to have been little understood and less observed in any other country.
在美国，人民制定且政府不可更改的宪法与政府制定且政府可更改的法律之间的重要区别如此广为人知，但在任何其他国家似乎却很少被理解和遵守。
Wherever the supreme power of legislation has resided, has been supposed to reside also a full power to change the form of the government.
凡是有最高立法权的地方，就应该也有改变政府形式的全权。
Even in Great Britain, where the principles of political and civil liberty have been most discussed, and where we hear most of the rights of the Constitution, it is maintained that the authority of the Parliament is transcendent and uncontrollable, as well with regard to the Constitution, as the ordinary objects of legislative provision.
即使在政治和公民自由原则被讨论得最多、宪法权利最多的英国，人们也认为议会的权威是超然的、不可控的，对于作为立法规定的一般对象的宪法也是如此。
They have accordingly, in several instances, actually changed, by legislative acts, some of the most fundamental articles of the government.
因此，在一些情况下，他们实际上通过立法行为改变了政府的一些最基本的条款。
They have in particular, on several occasions, changed the period of election; and, on the last occasion, not only introduced septennial in place of triennial elections, but by the same act, continued themselves in place four years beyond the term for which they were elected by the people.
他们尤其多次改变选举期限；在最后一次选举中，不仅以七年一次的选举取代三年一次的选举，而且通过同一法案，在人民选出的任期结束四年后，继续保持其地位。
An attention to these dangerous practices has produced a very natural alarm in the votaries of free government, of which frequency of elections is the corner-stone; and has led them to seek for some security to liberty, against the danger to which it is exposed.
对这些危险做法的关注自然引起了自由政府拥护者的警惕，而频繁的选举是自由政府的基石。并引导他们寻求自由的某种保障，以抵御自由所面临的危险。
Where no Constitution, paramount to the government, either existed or could be obtained, no constitutional security, similar to that established in the United States, was to be attempted.
如果不存在或无法获得对政府至关重要的宪法，就不会尝试建立类似于美国建立的宪法安全。
Some other security, therefore, was to be sought for; and what better security would the case admit, than that of selecting and appealing to some simple and familiar portion of time, as a standard for measuring the danger of innovations, for fixing the national sentiment, and for uniting the patriotic exertions?
因此，必须寻求其他的安全保障。除了选择并诉诸一些简单而熟悉的时间段作为衡量创新危险、固定民族情绪和团结爱国努力的标准之外，还有什么比这种情况更安全的呢？
The most simple and familiar portion of time, applicable to the subject was that of a year; and hence the doctrine has been inculcated by a laudable zeal, to erect some barrier against the gradual innovations of an unlimited government, that the advance towards tyranny was to be calculated by the distance of departure from the fixed point of annual elections.
适用于该主题的最简单和最熟悉的时间部分是一年；因此，这一学说被一种值得称赞的热情所灌输，目的是为无限政府的渐进创新设置某种障碍，即通向暴政的进展应根据偏离年度选举固定点的距离来计算。
But what necessity can there be of applying this expedient to a government limited, as the federal government will be, by the authority of a paramount Constitution?
但是，对于一个受最高宪法权威限制的政府（如联邦政府），有什么必要采用这种权宜之计呢？
Or who will pretend that the liberties of the people of America will not be more secure under biennial elections, unalterably fixed by such a Constitution, than those of any other nation would be, where elections were annual, or even more frequent, but subject to alterations by the ordinary power of the government?
或者谁会假装美国人民的自由在两年一次的选举下不会比任何其他国家的自由更安全，选举是每年一次的，甚至更频繁，但受政府普通权力的影响？
The second question stated is, whether biennial elections be necessary or useful.
第二个问题是，两年一次的选举是否必要或有用。
The propriety of answering this question in the affirmative will appear from several very obvious considerations.
从几个非常明显的考虑来看，对这个问题作出肯定回答是适当的。
No man can be a competent legislator who does not add to an upright intention and a sound judgment a certain degree of knowledge of the subjects on which he is to legislate.
如果一个人不具备正直的意图和正确的判断，并且对他所要立法的主题有一定程度的了解，那么他就不可能成为一名称职的立法者。
A part of this knowledge may be acquired by means of information which lie within the compass of men in private as well as public stations.
这种知识的一部分可以通过私人和公共车站的人们掌握的信息来获得。
Another part can only be attained, or at least thoroughly attained, by actual experience in the station which requires the use of it.
另一部分只能通过需要使用它的站的实际经验来实现，或者至少彻底实现。
The period of service, ought, therefore, in all such cases, to bear some proportion to the extent of practical knowledge requisite to the due performance of the service.
因此，在所有此类情况下，服务期限应与适当履行服务所需的实践知识程度成一定比例。
The period of legislative service established in most of the States for the more numerous branch is, as we have seen, one year.
正如我们所看到的，大多数州为数量较多的部门规定的立法服务期限为一年。
The question then may be put into this simple form: does the period of two years bear no greater proportion to the knowledge requisite for federal legislation than one year does to the knowledge requisite for State legislation?
那么问题可以用这样简单的形式表达：两年的时间对联邦立法所需的知识的影响是否不大于一年对州立法所需的知识的影响？
The very statement of the question, in this form, suggests the answer that ought to be given to it.
以这种形式对问题的陈述本身就暗示了应该给出的答案。
In a single State, the requisite knowledge relates to the existing laws which are uniform throughout the State, and with which all the citizens are more or less conversant; and to the general affairs of the State, which lie within a small compass, are not very diversified, and occupy much of the attention and conversation of every class of people.
在一个州，必要的知识涉及全州统一的现行法律，所有公民或多或少都熟悉这些法律；而国家的一般事务则在一个小范围内，并不十分多样化，占据了各阶层人民的大部分注意力和谈话内容。
The great theatre of the United States presents a very different scene.
美国大剧院呈现出截然不同的景象。
The laws are so far from being uniform, that they vary in every State; whilst the public affairs of the Union are spread throughout a very extensive region, and are extremely diversified by the local affairs connected with them, and can with difficulty be correctly learnt in any other place than in the central councils to which a knowledge of them will be brought by the representatives of every part of the empire.
法律远非统一，每个州的法律都有所不同；而联邦的公共事务分布在一个非常广阔的地区，并且由于与之相关的地方事务而极其多样化，除了中央委员会之外，很难在任何其他地方正确地了解这些事务，帝国各地的代表都会向中央委员会了解这些事务。
Yet some knowledge of the affairs, and even of the laws, of all the States, ought to be possessed by the members from each of the States.
然而，每个州的议员都应该对所有州的事务，甚至法律有一定的了解。
How can foreign trade be properly regulated by uniform laws, without some acquaintance with the commerce, the ports, the usages, and the regulations of the different States?
如果不了解不同国家的商业、港口、用途和法规，如何通过统一的法律正确规范对外贸易？
How can the trade between the different States be duly regulated, without some knowledge of their relative situations in these and other respects?
在不了解不同国家在这些方面和其他方面的相对情况的情况下，如何能够适当地监管不同国家之间的贸易？
How can taxes be judiciously imposed and effectually collected, if they be not accommodated to the different laws and local circumstances relating to these objects in the different States?
如果不适应不同州与这些对象相关的不同法律和当地情况，如何明智地征税和有效征收税款？
How can uniform regulations for the militia be duly provided, without a similar knowledge of many internal circumstances by which the States are distinguished from each other?
如果对各国之间的许多内部情况没有相似的了解，如何能够适当地为民兵制定统一的条例呢？
These are the principal objects of federal legislation, and suggest most forcibly the extensive information which the representatives ought to acquire.
这些是联邦立法的主要目标，并且最有力地提出了代表们应该获取的广泛信息。
The other interior objects will require a proportional degree of information with regard to them.
其他内部物体将需要与其相关的相应程度的信息。
It is true that all these difficulties will, by degrees, be very much diminished.
确实，所有这些困难都会逐渐减少。
The most laborious task will be the proper inauguration of the government and the primeval formation of a federal code.
最艰巨的任务将是政府的正式就职和联邦法典的初步形成。
Improvements on the first draughts will every year become both easier and fewer.
对初稿的改进将逐年变得更加容易和更少。
Past transactions of the government will be a ready and accurate source of information to new members.
政府过去的交易将成为新成员现成且准确的信息来源。
The affairs of the Union will become more and more objects of curiosity and conversation among the citizens at large.
联邦事务将越来越成为广大公民好奇和谈论的对象。
And the increased intercourse among those of different States will contribute not a little to diffuse a mutual knowledge of their affairs, as this again will contribute to a general assimilation of their manners and laws.
不同国家之间增加的交往将大大有助于传播其事务的相互了解，因为这将再次有助于其行为方式和法律的普遍同化。
But with all these abatements, the business of federal legislation must continue so far to exceed, both in novelty and difficulty, the legislative business of a single State, as to justify the longer period of service assigned to those who are to transact it.
但是，尽管有所有这些削减，联邦立法业务迄今为止必须继续超越单个州的立法业务，无论是新颖性还是难度，以证明分配给处理该事务的人的较长服务期限是合理的。
A branch of knowledge which belongs to the acquirements of a federal representative, and which has not been mentioned is that of foreign affairs.
属于联邦代表所掌握的一个知识领域，但没有被提及的是外交事务。
In regulating our own commerce he ought to be not only acquainted with the treaties between the United States and other nations, but also with the commercial policy and laws of other nations.
在规范我们自己的商业时，他不仅应该熟悉美国与其他国家之间的条约，而且还应该熟悉其他国家的商业政策和法律。
He ought not to be altogether ignorant of the law of nations; for that, as far as it is a proper object of municipal legislation, is submitted to the federal government.
他不应该对国际法完全无知；为此，只要它是市政立法的适当目标，就将其提交给联邦政府。
And although the House of Representatives is not immediately to participate in foreign negotiations and arrangements, yet from the necessary connection between the several branches of public affairs, those particular branches will frequently deserve attention in the ordinary course of legislation, and will sometimes demand particular legislative sanction and co-operation.
尽管众议院不会立即参与对外谈判和安排，但由于公共事务的几个部门之间存在必然的联系，这些特定部门在日常立法过程中常常值得关注，有时会要求特别的立法制裁和合作。
Some portion of this knowledge may, no doubt, be acquired in a man's closet; but some of it also can only be derived from the public sources of information; and all of it will be acquired to best effect by a practical attention to the subject during the period of actual service in the legislature.
毫无疑问，这些知识的某些部分可能是在男人的衣柜里获得的。但其中一些也只能从公共信息来源获得；所有这些都将通过在立法机关实际任职期间对这一主题的实际关注来获得最佳效果。
There are other considerations, of less importance, perhaps, but which are not unworthy of notice.
还有其他一些考虑因素，也许不太重要，但并非不值得注意。
The distance which many of the representatives will be obliged to travel, and the arrangements rendered necessary by that circumstance, might be much more serious objections with fit men to this service, if limited to a single year, than if extended to two years.
许多代表将被迫旅行的距离以及这种情况下所需的安排，如果仅限于一年，则可能会比延长到两年更严重地反对这项服务。
No argument can be drawn on this subject, from the case of the delegates to the existing Congress.
从本届国会代表的情况来看，无法就这个问题提出任何论据。
They are elected annually, it is true; but their re-election is considered by the legislative assemblies almost as a matter of course.
确实，他们每年都会选举一次；但立法议会认为他们的连任几乎是理所当然的事情。
The election of the representatives by the people would not be governed by the same principle.
人民选举代表不会遵循同样的原则。
A few of the members, as happens in all such assemblies, will possess superior talents; will, by frequent reelections, become members of long standing; will be thoroughly masters of the public business, and perhaps not unwilling to avail themselves of those advantages.
正如所有此类集会中所发生的那样，少数成员将拥有卓越的才能。通过频繁的连选，将成为长期会员；将成为公共事务的彻底主人，并且也许不愿意利用这些优势。
The greater the proportion of new members, and the less the information of the bulk of the members the more apt will they be to fall into the snares that may be laid for them.
新成员的比例越大，大多数成员的信息越少，他们就越容易陷入可能为他们设置的陷阱。
This remark is no less applicable to the relation which will subsist between the House of Representatives and the Senate.
这句话同样适用于众议院和参议院之间的关系。
It is an inconvenience mingled with the advantages of our frequent elections even in single States, where they are large, and hold but one legislative session in a year, that spurious elections cannot be investigated and annulled in time for the decision to have its due effect.
即使在面积较大、一年只举行一次立法会议的单一国家，我们也经常举行选举，但无法及时调查和废除虚假选举，使决定产生应有的效力，这既是一种不便，又具有频繁选举的优点。
If a return can be obtained, no matter by what unlawful means, the irregular member, who takes his seat of course, is sure of holding it a sufficient time to answer his purposes.
如果能够获得回报，无论通过什么非法手段，非常规成员当然就座，肯定会保留足够的时间来实现其目的。
Hence, a very pernicious encouragement is given to the use of unlawful means, for obtaining irregular returns.
因此，非常有害地鼓励使用非法手段来获取非正常回报。
Were elections for the federal legislature to be annual, this practice might become a very serious abuse, particularly in the more distant States.
如果联邦立法机构的选举每年举行一次，这种做法可能会成为一种非常严重的滥用行为，特别是在较遥远的州。
Each house is, as it necessarily must be, the judge of the elections, qualifications, and returns of its members; and whatever improvements may be suggested by experience, for simplifying and accelerating the process in disputed cases, so great a portion of a year would unavoidably elapse, before an illegitimate member could be dispossessed of his seat, that the prospect of such an event would be little check to unfair and illicit means of obtaining a seat.
每一院都是其成员的选举、资格和选举结果的评判者，这是必然的。无论经验表明如何改进，为了简化和加速有争议案件的程序，在非法成员被剥夺其席位之前，不可避免地要经过一年的大部分时间，因此这种事件的前景不会对获得席位的不公平和非法手段产生任何阻碍。
All these considerations taken together warrant us in affirming, that biennial elections will be as useful to the affairs of the public as we have seen that they will be safe to the liberty of the people.
所有这些考虑因素综合在一起，使我们确信，两年一次的选举对于公共事务将是有益的，正如我们所看到的那样，选举对于人民的自由是安全的。
PUBLIUS
普布利乌斯
FEDERALIST No. 54
联邦党人文集第 54 号
The Apportionment of Members Among the States
各州议员的分配
From the New York Packet.
来自纽约邮包。
Tuesday, February 12, 1788.
1788 年 2 月 12 日，星期二。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE next view which I shall take of the House of Representatives relates to the appointment of its members to the several States which is to be determined by the same rule with that of direct taxes.
我对众议院的下一个看法涉及几个州的众议院议员的任命，这将由与直接税相同的规则决定。
It is not contended that the number of people in each State ought not to be the standard for regulating the proportion of those who are to represent the people of each State.
并不是说每个州的人口数量不应该成为规范代表每个州人民的人数比例的标准。
The establishment of the same rule for the appointment of taxes, will probably be as little contested; though the rule itself in this case, is by no means founded on the same principle.
为税收任命制定同样的规则可能也不会引起什么争议。尽管本案中的规则本身绝不是建立在同一原则之上的。
In the former case, the rule is understood to refer to the personal rights of the people, with which it has a natural and universal connection.
在前一种情况下，规则被理解为指的是人民的个人权利，它与个人权利有着天然的、普遍的联系。
In the latter, it has reference to the proportion of wealth, of which it is in no case a precise measure, and in ordinary cases a very unfit one.
在后者中，它指的是财富的比例，但它在任何情况下都不是一个精确的衡量标准，而且在通常情况下是一个非常不合适的衡量标准。
But notwithstanding the imperfection of the rule as applied to the relative wealth and contributions of the States, it is evidently the least objectionable among the practicable rules, and had too recently obtained the general sanction of America, not to have found a ready preference with the convention.
但是，尽管该规则在适用于各州的相对财富和贡献方面并不完善，但它显然是可行规则中最不令人反感的，并且最近才获得美国的普遍认可，尚未在公约中找到现成的优先权。
All this is admitted, it will perhaps be said; but does it follow, from an admission of numbers for the measure of representation, or of slaves combined with free citizens as a ratio of taxation, that slaves ought to be included in the numerical rule of representation?
也许有人会说，这一切都是公认的；但是，从承认代表权的数字，或者奴隶与自由公民的税收比例相结合，是否可以得出结论，奴隶应该被包括在代表权的数字规则中？
Slaves are considered as property, not as persons.
奴隶被视为财产，而不是人。
They ought therefore to be comprehended in estimates of taxation which are founded on property, and to be excluded from representation which is regulated by a census of persons.
因此，它们应该被理解为基于财产的税收估算，并且不应被排除在人口普查所规定的代表性之外。
This is the objection, as I understand it, stated in its full force.
据我了解，这就是反对意见的全部内容。
I shall be equally candid in stating the reasoning which may be offered on the opposite side.
我将同样坦诚地陈述反对方可能提出的推理。
"We subscribe to the doctrine," might one of our Southern brethren observe, "that representation relates more immediately to persons, and taxation more immediately to property, and we join in the application of this distinction to the case of our slaves.
我们的一位南方弟兄可能会评论道：“我们赞同这一学说，即代表权与个人更直接相关，而税收与财产更直接相关，并且我们加入将这种区别应用于我们的奴隶的情况。
But we must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons.
但我们必须否认这样一个事实，即奴隶仅仅被视为财产，而决不被视为人。
The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property.
案件的真实情况是，他们具有这两种特质：在我们的法律中，在某些方面被视为人，而在其他方面则被视为财产。
In being compelled to labor, not for himself, but for a master; in being vendible by one master to another master; and in being subject at all times to be restrained in his liberty and chastised in his body, by the capricious will of another--the slave may appear to be degraded from the human rank, and classed with those irrational animals which fall under the legal denomination of property.
被迫劳动，不是为了自己，而是为了主人；由一位主人向另一位主人出售；奴隶的自由在任何时候都受到他人反复无常的意志的限制和身体的惩罚，因此奴隶的人类地位可能会被贬低，并被归入合法财产名下的非理性动物。
In being protected, on the other hand, in his life and in his limbs, against the violence of all others, even the master of his labor and his liberty; and in being punishable himself for all violence committed against others--the slave is no less evidently regarded by the law as a member of the society, not as a part of the irrational creation; as a moral person, not as a mere article of property.
另一方面，他的生命和四肢受到保护，免受所有其他人的暴力，甚至是他的劳动和自由的主人的暴力；法律显然将奴隶视为社会的一员，而不是非理性创造物的一部分；而且，奴隶也因对他人实施的所有暴力而受到惩罚。作为一个有道德的人，而不仅仅是一件财产。
The federal Constitution, therefore, decides with great propriety on the case of our slaves, when it views them in the mixed character of persons and of property.
因此，当联邦宪法将奴隶视为人和财产的混合特征时，它对奴隶的情况做出了非常恰当的裁决。
This is in fact their true character.
这其实就是他们的真实性格。
It is the character bestowed on them by the laws under which they live; and it will not be denied, that these are the proper criterion; because it is only under the pretext that the laws have transformed the negroes into subjects of property, that a place is disputed them in the computation of numbers; and it is admitted, that if the laws were to restore the rights which have been taken away, the negroes could no longer be refused an equal share of representation with the other inhabitants.
这是他们所生活的法律赋予他们的性格。不可否认，这些是正确的标准；因为只有以法律将黑人转变为财产主体为借口，在计算数字时才对他们的地位产生争议；人们承认，如果法律要恢复被剥夺的权利，就不能再拒绝黑人与其他居民享有平等的代表权。
"This question may be placed in another light.
“这个问题可以从另一个角度来看待。
It is agreed on all sides, that numbers are the best scale of wealth and taxation, as they are the only proper scale of representation.
各方都同意，数字是财富和税收的最佳规模，因为它们是唯一适当的代表性规模。
Would the convention have been impartial or consistent, if they had rejected the slaves from the list of inhabitants, when the shares of representation were to be calculated, and inserted them on the lists when the tariff of contributions was to be adjusted?
如果他们在计算代表份额时将奴隶从居民名单中剔除，并在调整缴款关税时将其列入名单，那么大会是否会是公正或一致的呢？
Could it be reasonably expected, that the Southern States would concur in a system, which considered their slaves in some degree as men, when burdens were to be imposed, but refused to consider them in the same light, when advantages were to be conferred?
是否可以合理地预期，南方各州会同意这样一种制度：在施加负担时，在某种程度上将他们的奴隶视为人，但在给予利益时拒绝以同样的方式考虑他们？
Might not some surprise also be expressed, that those who reproach the Southern States with the barbarous policy of considering as property a part of their human brethren, should themselves contend, that the government to which all the States are to be parties, ought to consider this unfortunate race more completely in the unnatural light of property, than the very laws of which they complain?
难道不会有人感到惊讶的是，那些指责南方各州采取将其人类兄弟的一部分视为财产的野蛮政策的人，自己会争辩说，所有州都加入的政府应该更全面地从不自然的财产角度来考虑这个不幸的种族，而不是他们所抱怨的法律本身？
"It may be replied, perhaps, that slaves are not included in the estimate of representatives in any of the States possessing them.
“也许有人会回答说，奴隶不包括在任何拥有奴隶的州的代表的估计中。
They neither vote themselves nor increase the votes of their masters.
他们既不给自己投票，也不增加主人的选票。
Upon what principle, then, ought they to be taken into the federal estimate of representation?
那么，应该根据什么原则将它们纳入联邦代表权估算中呢？
In rejecting them altogether, the Constitution would, in this respect, have followed the very laws which have been appealed to as the proper guide.
在这方面，宪法完全拒绝它们，就遵循了人们呼吁作为适当指导的法律。
"This objection is repelled by a single observation.
“这一反对意见被一次观察所驳回。
It is a fundamental principle of the proposed Constitution, that as the aggregate number of representatives allotted to the several States is to be determined by a federal rule, founded on the aggregate number of inhabitants, so the right of choosing this allotted number in each State is to be exercised by such part of the inhabitants as the State itself may designate.
拟议宪法的一项基本原则是，由于分配给几个州的代表总数将由一项以居民总数为基础的联邦规则确定，因此每个州分配的代表人数的选择权应由该州本身指定的部分居民行使。
The qualifications on which the right of suffrage depend are not, perhaps, the same in any two States.
在任何两个州，选举权所依赖的资格也许都不相同。
In some of the States the difference is very material.
在一些州，这种差异非常重大。
In every State, a certain proportion of inhabitants are deprived of this right by the constitution of the State, who will be included in the census by which the federal Constitution apportions the representatives.
在每个州，一定比例的居民被州宪法剥夺了这一权利，他们将被纳入联邦宪法分配代表的人口普查中。
In this point of view the Southern States might retort the complaint, by insisting that the principle laid down by the convention required that no regard should be had to the policy of particular States towards their own inhabitants; and consequently, that the slaves, as inhabitants, should have been admitted into the census according to their full number, in like manner with other inhabitants, who, by the policy of other States, are not admitted to all the rights of citizens.
从这个角度来看，南方各州可能会反驳这一申诉，坚持认为《公约》规定的原则要求不应考虑特定国家对其本国居民的政策；因此，奴隶作为居民，应该按照其全部人数被纳入人口普查，与其他居民一样，根据其他州的政策，他们不享有公民的所有权利。
A rigorous adherence, however, to this principle, is waived by those who would be gainers by it.
然而，那些本来想从中受益的人却放弃了对这一原则的严格遵守。
All that they ask is that equal moderation be shown on the other side.
他们所要求的只是另一方也表现出同样的节制。
Let the case of the slaves be considered, as it is in truth, a peculiar one.
事实上，奴隶的情况是一个特殊的情况。
Let the compromising expedient of the Constitution be mutually adopted, which regards them as inhabitants, but as debased by servitude below the equal level of free inhabitants, which regards the SLAVE as divested of two fifths of the MAN.
让宪法的妥协权宜之计被双方采纳，宪法将他们视为居民，但因奴役而贬低其地位低于自由居民的平等水平，宪法将奴隶视为剥夺了人的五分之二。
"After all, may not another ground be taken on which this article of the Constitution will admit of a still more ready defense?
“毕竟，难道不能采取另一种理由来让宪法的这条条款得到更充分的辩护吗？
We have hitherto proceeded on the idea that representation related to persons only, and not at all to property.
迄今为止，我们一直坚持这样的观点：代表权仅与个人有关，而与财产无关。
But is it a just idea?
但这是一个公正的想法吗？
Government is instituted no less for protection of the property, than of the persons, of individuals.
政府的设立不亚于保护人身和个人的财产。
The one as well as the other, therefore, may be considered as represented by those who are charged with the government.
因此，这两个人都可以被视为政府负责人的代表。
Upon this principle it is, that in several of the States, and particularly in the State of New York, one branch of the government is intended more especially to be the guardian of property, and is accordingly elected by that part of the society which is most interested in this object of government.
根据这一原则，在一些州，特别是在纽约州，政府的一个部门尤其是财产的监护人，因此由对这一政府目标最感兴趣的社会部分选出。
In the federal Constitution, this policy does not prevail.
在联邦宪法中，这一政策并不占上风。
The rights of property are committed into the same hands with the personal rights.
财产权与人身权交在同一个人手中。
Some attention ought, therefore, to be paid to property in the choice of those hands.
因此，在选择这些人的手中时，应该对财产给予一定的关注。
"For another reason, the votes allowed in the federal legislature to the people of each State, ought to bear some proportion to the comparative wealth of the States.
“还有一个原因，联邦立法机构允许各州人民投票的票数应该与各州的相对财富成一定比例。
States have not, like individuals, an influence over each other, arising from superior advantages of fortune.
国家不像个人那样，由于财富的优势而相互影响。
If the law allows an opulent citizen but a single vote in the choice of his representative, the respect and consequence which he derives from his fortunate situation very frequently guide the votes of others to the objects of his choice; and through this imperceptible channel the rights of property are conveyed into the public representation.
如果法律允许一个富裕的公民在选择代表时只投一票，那么他从其幸运的处境中获得的尊重和后果往往会引导其他人投票支持他所选择的对象；通过这种难以察觉的渠道，财产权被传达给公众代表。
A State possesses no such influence over other States.
一个国家对其他国家不具有这种影响力。
It is not probable that the richest State in the Confederacy will ever influence the choice of a single representative in any other State.
邦联中最富有的州不太可能影响任何其他州的单一代表的选择。
Nor will the representatives of the larger and richer States possess any other advantage in the federal legislature, over the representatives of other States, than what may result from their superior number alone.
与其他州的代表相比，较大和较富裕的州的代表在联邦立法机构中也不会拥有任何其他优势，而不仅仅是其人数较多。
As far, therefore, as their superior wealth and weight may justly entitle them to any advantage, it ought to be secured to them by a superior share of representation.
因此，就其优越的财富和体重而言，他们理应享有任何优势，因此应该通过较高的代表份额来确保他们的利益。
The new Constitution is, in this respect, materially different from the existing Confederation, as well as from that of the United Netherlands, and other similar confederacies.
在这方面，新宪法与现有的联邦、荷兰联合共和国和其他类似联邦的宪法有本质上的不同。
In each of the latter, the efficacy of the federal resolutions depends on the subsequent and voluntary resolutions of the states composing the union.
在后者中，联邦决议的效力取决于组成联邦的各州随后的自愿决议。
Hence the states, though possessing an equal vote in the public councils, have an unequal influence, corresponding with the unequal importance of these subsequent and voluntary resolutions.
因此，尽管各州在公共议会中拥有平等的投票权，但其影响力却不平等，这与这些随后的自愿决议的重要性不同。
Under the proposed Constitution, the federal acts will take effect without the necessary intervention of the individual States.
根据拟议的宪法，联邦法案无需各州的必要干预即可生效。
They will depend merely on the majority of votes in the federal legislature, and consequently each vote, whether proceeding from a larger or smaller State, or a State more or less wealthy or powerful, will have an equal weight and efficacy: in the same manner as the votes individually given in a State legislature, by the representatives of unequal counties or other districts, have each a precise equality of value and effect; or if there be any difference in the case, it proceeds from the difference in the personal character of the individual representative, rather than from any regard to the extent of the district from which he comes."
它们仅取决于联邦立法机构中的多数票，因此，无论是来自较大或较小的州，还是来自富裕或强大的州，每张投票都将具有同等的分量和效力：就像州立法机构中由不平等县或其他地区的代表单独投票一样，每张投票都具有精确平等的价值和效果；或者，如果案件有任何差异，那是由于该个人代表的个人性格差异，而不是由于他来自的地区范围的不同。”
Such is the reasoning which an advocate for the Southern interests might employ on this subject; and although it may appear to be a little strained in some points, yet, on the whole, I must confess that it fully reconciles me to the scale of representation which the convention have established.
这就是南方利益倡导者在这个问题上可能采用的推理。虽然它在某些方面可能显得有些紧张，但总的来说，我必须承认，它完全使我能够接受大会所确定的代表规模。
In one respect, the establishment of a common measure for representation and taxation will have a very salutary effect.
一方面，建立共同的代表权和税收措施将产生非常有益的效果。
As the accuracy of the census to be obtained by the Congress will necessarily depend, in a considerable degree on the disposition, if not on the co-operation, of the States, it is of great importance that the States should feel as little bias as possible, to swell or to reduce the amount of their numbers.
由于国会获得的人口普查的准确性在很大程度上必然取决于各州的部署（即使不是合作），因此各州在增加或减少人口数量时应尽可能减少偏见，这一点非常重要。
Were their share of representation alone to be governed by this rule, they would have an interest in exaggerating their inhabitants.
如果他们的代表份额仅受这一规则的约束，他们就会有兴趣夸大其居民。
Were the rule to decide their share of taxation alone, a contrary temptation would prevail.
如果规则仅决定他们的税收份额，就会出现相反的诱惑。
By extending the rule to both objects, the States will have opposite interests, which will control and balance each other, and produce the requisite impartiality.
通过将规则扩展到两个对象，各国将拥有相反的利益，这将相互控制和平衡，并产生必要的公正性。
PUBLIUS
普布利乌斯
FEDERALIST No. 55
联邦党人文集第 55 号
The Total Number of the House of Representatives
众议院总人数
For the Independent Journal.
对于独立杂志。
Wednesday, February 13, 1788.
1788 年 2 月 13 日，星期三。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE number of which the House of Representatives is to consist, forms another and a very interesting point of view, under which this branch of the federal legislature may be contemplated.
众议院的组成人数形成了另一个非常有趣的观点，根据这个观点，可以考虑设立联邦立法机构的这个分支。
Scarce any article, indeed, in the whole Constitution seems to be rendered more worthy of attention, by the weight of character and the apparent force of argument with which it has been assailed.
事实上，在整部宪法中，几乎没有任何条款因其所受到的攻击所具有的个性和明显的论据力量而变得更值得关注。
The charges exhibited against it are, first, that so small a number of representatives will be an unsafe depositary of the public interests; secondly, that they will not possess a proper knowledge of the local circumstances of their numerous constituents; thirdly, that they will be taken from that class of citizens which will sympathize least with the feelings of the mass of the people, and be most likely to aim at a permanent elevation of the few on the depression of the many; fourthly, that defective as the number will be in the first instance, it will be more and more disproportionate, by the increase of the people, and the obstacles which will prevent a correspondent increase of the representatives.
对它的指控首先是，如此少的代表人数将成为公共利益的不安全保管人；其次，他们不会对其众多选民的当地情况有适当的了解；第三，他们将从最不同情广大人民群众感情、最有可能以永久抬高少数人、压垮多数人为目标的公民阶层中挑选出来。第四，虽然人数本来就存在缺陷，但随着人数的增加，代表人数的增加会越来越不成比例，而代表人数相应增加也会遇到障碍。
In general it may be remarked on this subject, that no political problem is less susceptible of a precise solution than that which relates to the number most convenient for a representative legislature; nor is there any point on which the policy of the several States is more at variance, whether we compare their legislative assemblies directly with each other, or consider the proportions which they respectively bear to the number of their constituents.
一般来说，关于这个问题可以说，没有什么政治问题比与代议制立法机关最方便的人数有关的问题更容易得到精确解决。无论我们直接比较各个州的立法议会，还是考虑它们各自占选民人数的比例，各州的政策都没有什么更大的差异。
Passing over the difference between the smallest and largest States, as Delaware, whose most numerous branch consists of twenty-one representatives, and Massachusetts, where it amounts to between three and four hundred, a very considerable difference is observable among States nearly equal in population.
撇开最小州和最大州之间的差异不谈，特拉华州的支部人数最多，有二十一名代表，而马萨诸塞州则有三到四百名代表，在人口几乎相等的各州之间可以观察到非常大的差异。
The number of representatives in Pennsylvania is not more than one fifth of that in the State last mentioned.
宾夕法尼亚州的代表人数不超过最后提到的州的五分之一。
New York, whose population is to that of South Carolina as six to five, has little more than one third of the number of representatives.
纽约州的人口与南卡罗来纳州的人口比例为六比五，但其代表人数仅略多于三分之一。
As great a disparity prevails between the States of Georgia and Delaware or Rhode Island.
佐治亚州与特拉华州或罗德岛州之间存在着巨大的差距。
In Pennsylvania, the representatives do not bear a greater proportion to their constituents than of one for every four or five thousand.
在宾夕法尼亚州，代表在选民中所占的比例不超过每四五千人中就有一名代表。
In Rhode Island, they bear a proportion of at least one for every thousand.
在罗德岛州，这一比例至少为千分之一。
And according to the constitution of Georgia, the proportion may be carried to one to every ten electors; and must unavoidably far exceed the proportion in any of the other States.
根据格鲁吉亚宪法，这一比例可以为十分之一的选举人；并且必须不可避免地远远超过任何其他州的比例。
Another general remark to be made is, that the ratio between the representatives and the people ought not to be the same where the latter are very numerous as where they are very few.
另一个要指出的一般性意见是，代表与人民之间的比例不应在人民人数众多时与人民人数极少时相同。
Were the representatives in Virginia to be regulated by the standard in Rhode Island, they would, at this time, amount to between four and five hundred; and twenty or thirty years hence, to a thousand.
如果弗吉尼亚州的代表按照罗德岛州的标准来管理，那么此时的代表人数将在四到五百人之间；二十或三十年后，到一千年后。
On the other hand, the ratio of Pennsylvania, if applied to the State of Delaware, would reduce the representative assembly of the latter to seven or eight members.
另一方面，宾夕法尼亚州的比例如果适用于特拉华州，将使后者的代表大会减少到七八名成员。
Nothing can be more fallacious than to found our political calculations on arithmetical principles.
没有什么比把我们的政治计算建立在算术原理上更错误的了。
Sixty or seventy men may be more properly trusted with a given degree of power than six or seven.
六十或七十人可能比六或七人更值得信任拥有一定程度的权力。
But it does not follow that six or seven hundred would be proportionably a better depositary.
但这并不意味着六、七百人就相应地是更好的保存人。
And if we carry on the supposition to six or seven thousand, the whole reasoning ought to be reversed.
如果我们继续假设六七千人，那么整个推理就应该颠倒过来。
The truth is, that in all cases a certain number at least seems to be necessary to secure the benefits of free consultation and discussion, and to guard against too easy a combination for improper purposes; as, on the other hand, the number ought at most to be kept within a certain limit, in order to avoid the confusion and intemperance of a multitude.
事实是，在所有情况下，一定数量似乎至少是必要的，以确保自由协商和讨论的好处，并防止出于不正当目的而轻易结合；另一方面，人数至多应该保持在一定限度内，以避免群众的混乱和放纵。
In all very numerous assemblies, of whatever character composed, passion never fails to wrest the sceptre from reason.
在众多的集会中，无论其性质如何，激情总能从理性手中夺取权杖。
Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.
如果每个雅典公民都是苏格拉底，那么每个雅典集会仍然会是暴民。
It is necessary also to recollect here the observations which were applied to the case of biennial elections.
这里还有必要回顾一下适用于两年一次选举的观察结果。
For the same reason that the limited powers of the Congress, and the control of the State legislatures, justify less frequent elections than the public safely might otherwise require, the members of the Congress need be less numerous than if they possessed the whole power of legislation, and were under no other than the ordinary restraints of other legislative bodies.
出于同样的原因，国会的权力有限，以及州立法机构的控制，证明选举频率低于公众安全可能需要的频率，国会议员的人数也需要少于他们拥有全部立法权的人数，并且只受到其他立法机构的一般限制。
With these general ideas in our mind, let us weigh the objections which have been stated against the number of members proposed for the House of Representatives.
有了这些总体想法，让我们权衡一下所提出的反对意见与拟议的众议院议员人数。
It is said, in the first place, that so small a number cannot be safely trusted with so much power.
据说，首先，如此小的人数不能安全地信任如此大的权力。
The number of which this branch of the legislature is to consist, at the outset of the government, will be sixty-five.
在政府成立之初，立法机关的这个分支的人数将为六十五人。
Within three years a census is to be taken, when the number may be augmented to one for every thirty thousand inhabitants; and within every successive period of ten years the census is to be renewed, and augmentations may continue to be made under the above limitation.
三年内将进行一次人口普查，届时人口普查人数可能会增加到每三万居民一人。每十年连续进行一次普查，并可在上述限制下继续进行人口普查。
It will not be thought an extravagant conjecture that the first census will, at the rate of one for every thirty thousand, raise the number of representatives to at least one hundred.
第一次人口普查将使代表人数至少达到一百人，这不会被认为是一个奢侈的猜测。
Estimating the negroes in the proportion of three fifths, it can scarcely be doubted that the population of the United States will by that time, if it does not already, amount to three millions.
估计黑人占五分之三的比例，毫无疑问，到那时美国人口将达到三百万（如果现在还没有的话）。
At the expiration of twenty-five years, according to the computed rate of increase, the number of representatives will amount to two hundred, and of fifty years, to four hundred.
二十五年期满时，按照计算的增长率，代表人数将达到两百人，五十年期满时，代表人数将达到四百人。
This is a number which, I presume, will put an end to all fears arising from the smallness of the body.
我认为这个数字将消除因身体狭小而产生的所有恐惧。
I take for granted here what I shall, in answering the fourth objection, hereafter show, that the number of representatives will be augmented from time to time in the manner provided by the Constitution.
我理所当然地认为，在回答第四个反对意见时，我将表明，代表人数将按照宪法规定的方式不时增加。
On a contrary supposition, I should admit the objection to have very great weight indeed.
相反，我应该承认这种反对意见确实具有很大的分量。
The true question to be decided then is, whether the smallness of the number, as a temporary regulation, be dangerous to the public liberty?
那么真正要决定的问题是，作为临时规定，人数太少是否会对公共自由构成危险？
Whether sixty-five members for a few years, and a hundred or two hundred for a few more, be a safe depositary for a limited and well-guarded power of legislating for the United States?
几年内的六十五名成员，以及再几年的一百或两百名成员，是否可以成为美国有限且受到严密保护的立法权的安全保管人？
I must own that I could not give a negative answer to this question, without first obliterating every impression which I have received with regard to the present genius of the people of America, the spirit which actuates the State legislatures, and the principles which are incorporated with the political character of every class of citizens I am unable to conceive that the people of America, in their present temper, or under any circumstances which can speedily happen, will choose, and every second year repeat the choice of, sixty-five or a hundred men who would be disposed to form and pursue a scheme of tyranny or treachery.
我必须承认，我不能对这个问题给出否定的答案，除非首先抹去我对美国人民目前的天才、推动州立法机构的精神以及与每个阶级公民的政治性格相结合的原则的每一个印象。我无法想象美国人民在他们目前的脾气下，或在任何可能迅速发生的情况下，会做出选择，并且每隔一年重复一次选择，六十五个或一百个人倾向于制定和实施暴政或背叛计划。
I am unable to conceive that the State legislatures, which must feel so many motives to watch, and which possess so many means of counteracting, the federal legislature, would fail either to detect or to defeat a conspiracy of the latter against the liberties of their common constituents.
我无法想象，州立法机关必须有如此多的动机来监视，并且拥有如此多的对抗联邦立法机关的手段，却无法发现或挫败后者侵犯其共同选民自由的阴谋。
I am equally unable to conceive that there are at this time, or can be in any short time, in the United States, any sixty-five or a hundred men capable of recommending themselves to the choice of the people at large, who would either desire or dare, within the short space of two years, to betray the solemn trust committed to them.
我同样无法想象，在美国，此时，或者在任何短时间内，有六十五或一百个人能够向广大人民的选择推荐自己，而这些人民愿意或敢于在短短两年内背叛对他们的庄严信任。
What change of circumstances, time, and a fuller population of our country may produce, requires a prophetic spirit to declare, which makes no part of my pretensions.
环境、时间和我国人口的增多可能会产生什么样的变化，需要一种预言精神来宣布，这与我的自命不凡无关。
But judging from the circumstances now before us, and from the probable state of them within a moderate period of time, I must pronounce that the liberties of America cannot be unsafe in the number of hands proposed by the federal Constitution.
但从我们现在面临的情况以及在一段时间内可能出现的情况来看，我必须声明，美国的自由在联邦宪法提出的手中不会是不安全的。
From what quarter can the danger proceed?
危险会从哪一刻开始发生？
Are we afraid of foreign gold?
我们害怕外国黄金吗？
If foreign gold could so easily corrupt our federal rulers and enable them to ensnare and betray their constituents, how has it happened that we are at this time a free and independent nation?
如果外国黄金可以如此轻易地腐蚀我们的联邦统治者，使他们能够诱骗和背叛其选民，那么我们现在怎么会成为一个自由和独立的国家呢？
The Congress which conducted us through the Revolution was a less numerous body than their successors will be; they were not chosen by, nor responsible to, their fellowcitizens at large; though appointed from year to year, and recallable at pleasure, they were generally continued for three years, and prior to the ratification of the federal articles, for a still longer term.
引导我们完成革命的国会的人数少于其继任者。他们不是由广大同胞选择的，也不对其负责；虽然每年任命一次，并且可以随意罢免，但任期一般为三年，在联邦条款批准之前，任期更长。
They held their consultations always under the veil of secrecy; they had the sole transaction of our affairs with foreign nations; through the whole course of the war they had the fate of their country more in their hands than it is to be hoped will ever be the case with our future representatives; and from the greatness of the prize at stake, and the eagerness of the party which lost it, it may well be supposed that the use of other means than force would not have been scrupled.
他们的磋商始终在保密的情况下进行。他们唯一处理我们与外国的事务；在整个战争过程中，他们比我们未来的代表更能掌握自己国家的命运；从所涉战利品的巨大以及失去战利品的一方的急切心情来看，我们完全可以认为，除了武力之外，使用其他手段是不会有顾忌的。
Yet we know by happy experience that the public trust was not betrayed; nor has the purity of our public councils in this particular ever suffered, even from the whispers of calumny.
然而，我们通过愉快的经历知道，公众的信任并没有被辜负。我们公共委员会在这方面的纯洁性也从未受到损害，即使是因为诽谤的低语。
Is the danger apprehended from the other branches of the federal government?
联邦政府的其他部门是否也担心这种危险？
But where are the means to be found by the President, or the Senate, or both?
但总统、参议院或两者都可以从哪里找到途径呢？
Their emoluments of office, it is to be presumed, will not, and without a previous corruption of the House of Representatives cannot, more than suffice for very different purposes; their private fortunes, as they must all be American citizens, cannot possibly be sources of danger.
据推测，他们的公职薪酬不会（而且如果众议院以前没有腐败的话）也无法满足完全不同的目的。他们的私人财产，因为他们必须都是美国公民，不可能成为危险的来源。
The only means, then, which they can possess, will be in the dispensation of appointments.
那么，他们所能拥有的唯一手段就是任命。
Is it here that suspicion rests her charge?
她的责任就在这里吗？
Sometimes we are told that this fund of corruption is to be exhausted by the President in subduing the virtue of the Senate.
有时我们被告知，总统将用尽这笔腐败资金来压制参议院的美德。
Now, the fidelity of the other House is to be the victim.
现在，对方的忠诚度却成了受害者。
The improbability of such a mercenary and perfidious combination of the several members of government, standing on as different foundations as republican principles will well admit, and at the same time accountable to the society over which they are placed, ought alone to quiet this apprehension.
政府的几位成员组成的这种唯利是图、背信弃义的组合是不可能的，因为共和原则充分承认其基础不同，同时又对他们所处的社会负责，单凭这一点就足以平息这种忧虑。
But, fortunately, the Constitution has provided a still further safeguard.
但幸运的是，宪法提供了进一步的保障。
The members of the Congress are rendered ineligible to any civil offices that may be created, or of which the emoluments may be increased, during the term of their election.
国会议员在当选期间没有资格担任任何可能设立的文职职位，或增加其薪酬。
No offices therefore can be dealt out to the existing members but such as may become vacant by ordinary casualties: and to suppose that these would be sufficient to purchase the guardians of the people, selected by the people themselves, is to renounce every rule by which events ought to be calculated, and to substitute an indiscriminate and unbounded jealousy, with which all reasoning must be vain.
因此，除了可能因普通伤亡而空缺的职位外，不能向现有成员分配任何职位：如果认为这些职位足以购买人民自己选出的人民监护人，那就等于放弃计算事件的每一条规则，并代之以不分青红皂白和无限的嫉妒，所有的推理都将是徒劳的。
The sincere friends of liberty, who give themselves up to the extravagancies of this passion, are not aware of the injury they do their own cause.
自由的真诚朋友们沉迷于这种奢侈的激情，却没有意识到他们给自己造成的伤害。
As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence.
正如人类存在一定程度的堕落，需要一定程度的谨慎和不信任一样，人性中也有其他品质，需要一定程度的尊重和信任。
Republican government presupposes the existence of these qualities in a higher degree than any other form.
共和政府比任何其他形式都更高度地假定这些品质的存在。
Were the pictures which have been drawn by the political jealousy of some among us faithful likenesses of the human character, the inference would be, that there is not sufficient virtue among men for self-government; and that nothing less than the chains of despotism can restrain them from destroying and devouring one another.
如果我们中某些人的政治嫉妒所描绘的图画忠实地描绘了人类的性格，那么我们就会得出这样的推论：人类之间没有足够的美德来进行自治；没有什么比专制主义的锁链更能阻止他们互相毁灭和吞噬。
PUBLIUS
普布利乌斯
FEDERALIST No. 56
联邦党人文集第 56 号
The Same Subject Continued (The Total Number of the House of Representatives)
同一主题继续（众议院总人数）
For the Independent Journal.
对于独立杂志。
Saturday, February 16, 1788.
1788 年 2 月 16 日，星期六。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE SECOND charge against the House of Representatives is, that it will be too small to possess a due knowledge of the interests of its constituents.
对众议院的第二项指控是，众议院规模太小，无法充分了解选民的利益。
As this objection evidently proceeds from a comparison of the proposed number of representatives with the great extent of the United States, the number of their inhabitants, and the diversity of their interests, without taking into view at the same time the circumstances which will distinguish the Congress from other legislative bodies, the best answer that can be given to it will be a brief explanation of these peculiarities.
由于这种反对意见显然是基于将拟议的代表人数与美国的幅员、居民的数量以及他们的利益的多样性进行比较，而没有同时考虑将国会与其他立法机构区分开来的情况，因此对此可以给出的最佳答案将是对这些特殊性的简要解释。
It is a sound and important principle that the representative ought to be acquainted with the interests and circumstances of his constituents.
代表应当了解选民的利益和情况，这是一条合理而重要的原则。
But this principle can extend no further than to those circumstances and interests to which the authority and care of the representative relate.
但这一原则只能适用于与代表的权力和关心相关的情况和利益。
An ignorance of a variety of minute and particular objects, which do not lie within the compass of legislation, is consistent with every attribute necessary to a due performance of the legislative trust.
对不属于立法范围的各种微小和特殊目标的无知，与适当履行立法信托所必需的每一个属性是一致的。
In determining the extent of information required in the exercise of a particular authority, recourse then must be had to the objects within the purview of that authority.
在确定行使特定权力所需的信息范围时，必须求助于该权力范围内的对象。
What are to be the objects of federal legislation?
联邦立法的目标是什么？
Those which are of most importance, and which seem most to require local knowledge, are commerce, taxation, and the militia.
最重要且似乎最需要当地知识的是商业、税收和民兵。
A proper regulation of commerce requires much information, as has been elsewhere remarked; but as far as this information relates to the laws and local situation of each individual State, a very few representatives would be very sufficient vehicles of it to the federal councils.
正如其他地方所指出的那样，对商业的适当监管需要大量信息；但就这些信息涉及每个州的法律和当地情况而言，极少数代表就足以向联邦委员会传达这些信息。
Taxation will consist, in a great measure, of duties which will be involved in the regulation of commerce.
税收在很大程度上包括商业监管中涉及的关税。
So far the preceding remark is applicable to this object.
到目前为止，前面的评论适用于该对象。
As far as it may consist of internal collections, a more diffusive knowledge of the circumstances of the State may be necessary.
就其可能由内部收藏组成而言，可能需要对国家情况有更广泛的了解。
But will not this also be possessed in sufficient degree by a very few intelligent men, diffusively elected within the State?
但是，在国家内部广泛选举产生的极少数聪明人难道不会在很大程度上拥有这一点吗？
Divide the largest State into ten or twelve districts, and it will be found that there will be no peculiar local interests in either, which will not be within the knowledge of the representative of the district.
将最大的州划分为十个或十二个区，你会发现其中任何一个都不存在特殊的地方利益，而这些利益是区代表所不知道的。
Besides this source of information, the laws of the State, framed by representatives from every part of it, will be almost of themselves a sufficient guide.
除了这一信息来源之外，由国家各部分代表制定的国家法律本身几乎就足够了。
In every State there have been made, and must continue to be made, regulations on this subject which will, in many cases, leave little more to be done by the federal legislature, than to review the different laws, and reduce them in one general act.
每个州都已经制定了并且必须继续制定有关这一主题的法规，在许多情况下，联邦立法机构除了审查不同的法律并将其简化为一项一般法案外，几乎没有什么可做的了。
A skillful individual in his closet with all the local codes before him, might compile a law on some subjects of taxation for the whole union, without any aid from oral information, and it may be expected that whenever internal taxes may be necessary, and particularly in cases requiring uniformity throughout the States, the more simple objects will be preferred.
一个熟练的人在他的衣柜里掌握了所有当地的法规，可能会在没有任何口头信息帮助的情况下为整个联邦制定一部关于某些税收主题的法律，并且可以预期，每当需要内部税收时，特别是在需要全国统一的情况下，更简单的对象将是首选。
To be fully sensible of the facility which will be given to this branch of federal legislation by the assistance of the State codes, we need only suppose for a moment that this or any other State were divided into a number of parts, each having and exercising within itself a power of local legislation.
为了充分了解在州法典的帮助下为联邦立法的这一部门所提供的便利，我们只需暂时假设这个州或任何其他州被分为许多部分，每个部分都拥有并在其内部行使地方立法的权力。
Is it not evident that a degree of local information and preparatory labor would be found in the several volumes of their proceedings, which would very much shorten the labors of the general legislature, and render a much smaller number of members sufficient for it?
难道不明显的是，在他们的几卷议事书中会发现一定程度的当地信息和准备工作，这将大大缩短总立法机关的工作量，并使得较少数量的议员足以完成这项工作？
The federal councils will derive great advantage from another circumstance.
联邦委员会将从另一种情况中获得巨大的优势。
The representatives of each State will not only bring with them a considerable knowledge of its laws, and a local knowledge of their respective districts, but will probably in all cases have been members, and may even at the very time be members, of the State legislature, where all the local information and interests of the State are assembled, and from whence they may easily be conveyed by a very few hands into the legislature of the United States.
每个州的代表不仅会带来其法律的大量知识和各自地区的当地知识，而且可能在所有情况下都是州立法机构的成员，甚至可能在当时是州立法机构的成员，州立法机构汇集了所有本地信息和利益，并且可以很容易地从那里通过极少数人将它们传达给美国立法机构。
(The observations made on the subject of taxation apply with greater force to the case of the militia.
（关于税收问题的意见更适用于民兵的情况。
For however different the rules of discipline may be in different States, they are the same throughout each particular State; and depend on circumstances which can differ but little in different parts of the same State.)(E1)
因为无论不同州的纪律规则可能不同，但每个州的纪律规则都是相同的；并取决于同一州不同地区的情况可能有所不同，但差异不大。）(E1)
(With regard to the regulation of the militia, there are scarcely any circumstances in reference to which local knowledge can be said to be necessary.
（就民兵的管理而言，几乎没有任何情况可以说需要当地知识。
The general face of the country, whether mountainous or level, most fit for the operations of infantry or cavalry, is almost the only consideration of this nature that can occur.
国家的总体面貌，无论是山区还是平原，最适合步兵或骑兵作战，几乎是这种性质可能出现的唯一考虑因素。
The art of war teaches general principles of organization, movement, and discipline, which apply universally.)(E1)
战争艺术教授普遍适用的组织、运动和纪律的一般原则。）(E1)
The attentive reader will discern that the reasoning here used, to prove the sufficiency of a moderate number of representatives, does not in any respect contradict what was urged on another occasion with regard to the extensive information which the representatives ought to possess, and the time that might be necessary for acquiring it.
细心的读者会发现，这里用来证明适度数量的代表就足够的推理，在任何方面都与在另一个场合所敦促的关于代表应该掌握的广泛信息以及获取这些信息可能需要的时间的推论并不矛盾。
This information, so far as it may relate to local objects, is rendered necessary and difficult, not by a difference of laws and local circumstances within a single State, but of those among different States.
就可能涉及当地目标而言，这种信息变得必要且困难，不是由于单个国家内的法律和当地情况的差异，而是由于不同国家之间的法律和当地情况的差异。
Taking each State by itself, its laws are the same, and its interests but little diversified.
就每个州本身而言，其法律是相同的，其利益也几乎没有多样化。
A few men, therefore, will possess all the knowledge requisite for a proper representation of them.
因此，少数人将拥有正确代表他们所需的所有知识。
Were the interests and affairs of each individual State perfectly simple and uniform, a knowledge of them in one part would involve a knowledge of them in every other, and the whole State might be competently represented by a single member taken from any part of it.
如果每个国家的利益和事务完全简单和统一，那么对某一部分的了解就意味着对其他部分的了解，整个国家可能由来自其任何部分的一名成员来充分代表。
On a comparison of the different States together, we find a great dissimilarity in their laws, and in many other circumstances connected with the objects of federal legislation, with all of which the federal representatives ought to have some acquaintance.
通过对不同州的比较，我们发现它们的法律以及与联邦立法目标有关的许多其他情况存在很大差异，所有这些联邦代表都应该有所了解。
Whilst a few representatives, therefore, from each State, may bring with them a due knowledge of their own State, every representative will have much information to acquire concerning all the other States.
因此，虽然每个国家的少数代表可能对自己的国家有适当的了解，但每个代表都需要获取有关所有其他国家的大量信息。
The changes of time, as was formerly remarked, on the comparative situation of the different States, will have an assimilating effect.
正如前面所说，时间的变化对不同国家的比较情况会产生同化作用。
The effect of time on the internal affairs of the States, taken singly, will be just the contrary.
单独来看，时间对各国内政的影响恰恰相反。
At present some of the States are little more than a society of husbandmen.
目前，一些州只不过是一个农夫社会。
Few of them have made much progress in those branches of industry which give a variety and complexity to the affairs of a nation.
他们中很少有人在那些给国家事务带来多样性和复杂性的工业部门取得很大进展。
These, however, will in all of them be the fruits of a more advanced population, and will require, on the part of each State, a fuller representation.
然而，所有这些都将是更先进人口的成果，并且需要每个国家有更充分的代表性。
The foresight of the convention has accordingly taken care that the progress of population may be accompanied with a proper increase of the representative branch of the government.
会议的先见之明相应地考虑到人口的增长可能会伴随着政府代表机构的适当增加。
The experience of Great Britain, which presents to mankind so many political lessons, both of the monitory and exemplary kind, and which has been frequently consulted in the course of these inquiries, corroborates the result of the reflections which we have just made.
英国的经验向人类提出了许多政治教训，无论是监督性的还是模范性的，并且在这些调查过程中经常被参考，它证实了我们刚才的反思的结果。
The number of inhabitants in the two kingdoms of England and Scotland cannot be stated at less than eight millions.
英格兰和苏格兰两个王国的居民人数不能说少于八百万。
The representatives of these eight millions in the House of Commons amount to five hundred and fifty-eight.
这八百万人在下议院的代表总数为五百五十八名。
Of this number, one ninth are elected by three hundred and sixty-four persons, and one half, by five thousand seven hundred and twenty-three persons.(1) It cannot be supposed that the half thus elected, and who do not even reside among the people at large, can add any thing either to the security of the people against the government, or to the knowledge of their circumstances and interests in the legislative councils.
其中，九分之一是由三百六十四人选出的，一半是由五千七百二十三人选出的。（1）不能认为，这样选出的一半人，甚至不居住在广大人民中，可以增加任何东西，无论是为了人民反对政府的安全，还是为了了解他们在立法委员会中的情况和利益。
On the contrary, it is notorious, that they are more frequently the representatives and instruments of the executive magistrate, than the guardians and advocates of the popular rights.
相反，众所周知，他们更多地是行政长官的代表和工具，而不是人民权利的捍卫者和倡导者。
They might therefore, with great propriety, be considered as something more than a mere deduction from the real representatives of the nation.
因此，他们可以非常恰当地被视为不仅仅是国家真正代表的推论。
We will, however, consider them in this light alone, and will not extend the deduction to a considerable number of others, who do not reside among their constitutents, are very faintly connected with them, and have very little particular knowledge of their affairs.
然而，我们将仅从这个角度来考虑他们，并且不会将这一推论扩展到相当多的其他人，这些人并不居住在他们的组成部分中，与他们的联系非常微弱，并且对他们的事务知之甚少。
With all these concessions, two hundred and seventy-nine persons only will be the depository of the safety, interest, and happiness of eight millions that is to say, there will be one representative only to maintain the rights and explain the situation of TWENTY-EIGHT THOUSAND SIX HUNDRED AND SEVENTY constitutents, in an assembly exposed to the whole force of executive influence, and extending its authority to every object of legislation within a nation whose affairs are in the highest degree diversified and complicated.
有了所有这些让步，只有两百七十九人将成为八百万人安全、利益和幸福的保管人，也就是说，在一个受到行政影响力的议会中，只有一名代表只能维护权利并解释两万八千六百七十名议员的情况，并将其权力延伸到一个事务极其多样化和复杂的国家内的每一个立法对象。
Yet it is very certain, not only that a valuable portion of freedom has been preserved under all these circumstances, but that the defects in the British code are chargeable, in a very small proportion, on the ignorance of the legislature concerning the circumstances of the people.
然而，可以肯定的是，不仅在所有这些情况下保留了宝贵的自由部分，而且英国法典中的缺陷在很小一部分上应归咎于立法机关对人民处境的无知。
Allowing to this case the weight which is due to it, and comparing it with that of the House of Representatives as above explained it seems to give the fullest assurance, that a representative for every THIRTY THOUSAND INHABITANTS will render the latter both a safe and competent guardian of the interests which will be confided to it.
考虑到本案应有的重要性，并将其与上述众议院的情况进行比较，这似乎给出了最充分的保证，即每三万名居民的一名代表将使后者成为其所托付的利益的安全和称职的监护人。
PUBLIUS
普布利乌斯
1.
1.
Burgh's "Political Disquisitions."
伯格的《政治论文》。
E1.
E1。
Two versions of this paragraph appear in different editions.
本段的两个版本出现在不同的版本中。
FEDERALIST No. 57
联邦党人文集第 57 号
The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation.
据称，新计划倾向于以牺牲多数人的利益来提升少数人的地位，这与代表权有关。
From the New York Packet.
来自纽约邮包。
Tuesday, February 19, 1788.
1788 年 2 月 19 日，星期二。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE THIRD charge against the House of Representatives is, that it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few.
针对众议院的第三项指控是，众议院将由最不同情大众的公民阶层选出，他们最有可能雄心勃勃地牺牲多数人来实现少数人的壮大。
Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary.
在针对联邦宪法提出的所有反对意见中，这也许是最非同寻常的。
Whilst the objection itself is levelled against a pretended oligarchy, the principle of it strikes at the very root of republican government.
虽然反对意见本身是针对假寡头政治，但其原则却触及了共和政府的根源。
The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust.
每一部政治宪法的目的都是，或者应该是，首先让统治者拥有最有智慧的人来辨别社会的共同利益，最有美德的人来追求社会的共同利益；其次，采取最有效的预防措施，保持他们的道德，同时继续保持公众的信任。
The elective mode of obtaining rulers is the characteristic policy of republican government.
选举产生统治者的方式是共和政府的特色政策。
The means relied on in this form of government for preventing their degeneracy are numerous and various.
这种政府形式所依赖的防止其堕落的手段是多种多样的。
The most effectual one, is such a limitation of the term of appointments as will maintain a proper responsibility to the people.
最有效的一种是限制任命期限，以保持对人民的适当责任。
Let me now ask what circumstance there is in the constitution of the House of Representatives that violates the principles of republican government, or favors the elevation of the few on the ruins of the many?
现在我想问一下，众议院的宪法有什么地方违反了共和政体的原则，或者是在多数人的废墟上偏袒少数人呢？
Let me ask whether every circumstance is not, on the contrary, strictly conformable to these principles, and scrupulously impartial to the rights and pretensions of every class and description of citizens?
试问，是否所有情况都不是相反地严格遵守这些原则，并严格公正地对待每个阶级和各类公民的权利和要求？
Who are to be the electors of the federal representatives?
谁将成为联邦代表的选举人？
Not the rich, more than the poor; not the learned, more than the ignorant; not the haughty heirs of distinguished names, more than the humble sons of obscurity and unpropitious fortune.
不是富人，而是穷人；不是有学问的人，而是无知的人；不是显赫名声的傲慢继承人，也不是默默无闻、不幸命运的卑微子孙。
The electors are to be the great body of the people of the United States.
选举人将是美国人民的伟大团体。
They are to be the same who exercise the right in every State of electing the corresponding branch of the legislature of the State.
在每个州行使选举该州立法机构相应部门的权利的人是同一个人。
Who are to be the objects of popular choice?
谁将成为大众选择的对象？
Every citizen whose merit may recommend him to the esteem and confidence of his country.
每个公民只要有功绩，就可以赢得国家的尊重和信任。
No qualification of wealth, of birth, of religious faith, or of civil profession is permitted to fetter the judgement or disappoint the inclination of the people.
任何财富、出身、宗教信仰或公民职业的资格都不允许束缚人民的判断或辜负人民的意愿。
If we consider the situation of the men on whom the free suffrages of their fellow-citizens may confer the representative trust, we shall find it involving every security which can be devised or desired for their fidelity to their constituents.
如果我们考虑一下那些公民的自由选举权可以赋予代表信任的人的处境，我们就会发现，这涉及到他们可以设计或期望的一切保障，以保证他们对选民的忠诚。
In the first place, as they will have been distinguished by the preference of their fellow-citizens, we are to presume that in general they will be somewhat distinguished also by those qualities which entitle them to it, and which promise a sincere and scrupulous regard to the nature of their engagements.
首先，正如他们因同胞的偏好而被区别开来一样，我们可以假设，一般来说，他们也因那些赋予他们资格的品质而在某种程度上与众不同，这些品质保证了他们对自己所从事的活动的性质的真诚和谨慎的关注。
In the second place, they will enter into the public service under circumstances which cannot fail to produce a temporary affection at least to their constituents.
其次，他们将在至少对其选民产生暂时影响的情况下进入公共服务部门。
There is in every breast a sensibility to marks of honor, of favor, of esteem, and of confidence, which, apart from all considerations of interest, is some pledge for grateful and benevolent returns.
每个人心中都有一种对荣誉、青睐、尊重和信任的标志的感觉，除了所有利益考虑之外，这些标志是对感激和仁慈回报的某种承诺。
Ingratitude is a common topic of declamation against human nature; and it must be confessed that instances of it are but too frequent and flagrant, both in public and in private life.
忘恩负义是反对人性的常见话题。必须承认，无论是在公共生活还是在私人生活中，这种事例都过于频繁和明目张胆。
But the universal and extreme indignation which it inspires is itself a proof of the energy and prevalence of the contrary sentiment.
但它所激起的普遍而极端的愤慨本身就证明了相反情绪的能量和普遍性。
In the third place, those ties which bind the representative to his constituents are strengthened by motives of a more selfish nature.
第三，那些将代表与其选民联系在一起的纽带因更加自私的动机而得到加强。
His pride and vanity attach him to a form of government which favors his pretensions and gives him a share in its honors and distinctions.
他的骄傲和虚荣使他依附于一种有利于他的自命不凡并让他分享其荣誉和荣誉的政府形式。
Whatever hopes or projects might be entertained by a few aspiring characters, it must generally happen that a great proportion of the men deriving their advancement from their influence with the people, would have more to hope from a preservation of the favor, than from innovations in the government subversive of the authority of the people.
无论少数有抱负的人物抱有什么希望或计划，通常都会发生这样的情况：很大一部分靠对人民的影响而获得进步的人，更多地希望得到保留的青睐，而不是政府颠覆人民权威的创新。
All these securities, however, would be found very insufficient without the restraint of frequent elections.
然而，如果没有频繁选举的限制，所有这些保障都将显得非常不足。
Hence, in the fourth place, the House of Representatives is so constituted as to support in the members an habitual recollection of their dependence on the people.
因此，第四，众议院的组成是为了让议员们习惯性地记住他们对人民的依赖。
Before the sentiments impressed on their minds by the mode of their elevation can be effaced by the exercise of power, they will be compelled to anticipate the moment when their power is to cease, when their exercise of it is to be reviewed, and when they must descend to the level from which they were raised; there forever to remain unless a faithful discharge of their trust shall have established their title to a renewal of it.
在他们心中因升迁方式而留下的情感被权力的行使所抹去之前，他们将被迫预见到他们的权力何时停止，何时对他们的权力行使进行审查，何时必须降到他们被提升的水平；除非忠实地履行他们的信托，从而确立他们重新获得信托的权利，否则他们将永远保留在那里。
I will add, as a fifth circumstance in the situation of the House of Representatives, restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society.
我要补充的是，作为众议院情况的第五种情况，限制他们采取压迫性措施，他们不能制定任何对他们自己和他们的朋友以及社会广大群众不充分实施的法律。
This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together.
这一直被认为是人类政策将统治者和人民联系在一起的最牢固的纽带之一。
It creates between them that communion of interests and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny.
它在他们之间创造了利益的交流和情感的同情，很少有政府能提供这样的例子；但如果没有它，每个政府都会沦为暴政。
If it be asked, what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society?
如果问，什么可以限制众议院做出有利于自己和社会特定阶层的法律歧视？
I answer: the genius of the whole system; the nature of just and constitutional laws; and above all, the vigilant and manly spirit which actuates the people of America--a spirit which nourishes freedom, and in return is nourished by it.
我的回答是：整个系统的天才；正义和宪法的性质；最重要的是，激励美国人民的警惕和男子气概——这种精神滋养自由，反过来也受到自由的滋养。
If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.
如果这种精神被严重贬低，以至于容忍一项对立法机关和人民都没有约束力的法律，那么人民将准备容忍除了自由之外的任何事情。
Such will be the relation between the House of Representatives and their constituents.
这就是众议院与其选民之间的关系。
Duty, gratitude, interest, ambition itself, are the chords by which they will be bound to fidelity and sympathy with the great mass of the people.
责任、感恩、兴趣、抱负本身，是他们对广大人民群众的忠诚和同情的纽带。
It is possible that these may all be insufficient to control the caprice and wickedness of man.
或许这些都不足以遏制人的反复无常和邪恶。
But are they not all that government will admit, and that human prudence can devise?
但这些难道不都是政府所承认的、人类审慎所能设计的吗？
Are they not the genuine and the characteristic means by which republican government provides for the liberty and happiness of the people?
难道它们不是共和政府为人民提供自由和幸福的真正和典型的手段吗？
Are they not the identical means on which every State government in the Union relies for the attainment of these important ends?
难道它们不是联邦各州政府实现这些重要目标所依赖的相同手段吗？
What then are we to understand by the objection which this paper has combated?
那么，我们该如何理解本文所反对的反对意见呢？
What are we to say to the men who profess the most flaming zeal for republican government, yet boldly impeach the fundamental principle of it; who pretend to be champions for the right and the capacity of the people to choose their own rulers, yet maintain that they will prefer those only who will immediately and infallibly betray the trust committed to them?
对于那些自称对共和政府抱有最炽热热情，却又大胆地弹劾共和政府基本原则的人，我们该说什么呢？他们假装是人民选择自己统治者的权利和能力的捍卫者，却坚称他们只会选择那些立即且绝对正确地背叛对他们的信任的人？
Were the objection to be read by one who had not seen the mode prescribed by the Constitution for the choice of representatives, he could suppose nothing less than that some unreasonable qualification of property was annexed to the right of suffrage; or that the right of eligibility was limited to persons of particular families or fortunes; or at least that the mode prescribed by the State constitutions was in some respect or other, very grossly departed from.
如果反对意见是由一个没有见过宪法规定的代表选举方式的人来读的，他只能认为选举权附加了某种不合理的财产限制；或者资格权仅限于特定家庭或财富的人；或者至少州宪法规定的模式在某些方面存在严重背离。
We have seen how far such a supposition would err, as to the two first points.
对于前两点，我们已经看到这种假设会犯多大的错误。
Nor would it, in fact, be less erroneous as to the last.
事实上，它的错误也不会比最后一个更小。
The only difference discoverable between the two cases is, that each representative of the United States will be elected by five or six thousand citizens; whilst in the individual States, the election of a representative is left to about as many hundreds.
两种情况唯一的区别是，美国的每位代表将由五六千名公民选举产生；而在各个州，选举的代表人数大约为数百人。
Will it be pretended that this difference is sufficient to justify an attachment to the State governments, and an abhorrence to the federal government?
是否会假装这种差异足以证明对州政府的依恋和对联邦政府的憎恶是合理的？
If this be the point on which the objection turns, it deserves to be examined.
如果这是反对意见的焦点，那么就值得审查。
Is it supported by REASON?
是否有 REASON 支持？
This cannot be said, without maintaining that five or six thousand citizens are less capable of choosing a fit representative, or more liable to be corrupted by an unfit one, than five or six hundred.
如果不坚持认为，五六千名公民比五六百名公民更没有能力选择合适的代表，或者更容易被不合适的代表腐蚀，那么就不能这么说。
Reason, on the contrary, assures us, that as in so great a number a fit representative would be most likely to be found, so the choice would be less likely to be diverted from him by the intrigues of the ambitious or the ambitious or the bribes of the rich.
相反，理性向我们保证，由于在如此多的人数中最有可能找到合适的代表，因此选择权就不太可能因野心家的阴谋或富人的贿赂而转移。
Is the CONSEQUENCE from this doctrine admissible?
该学说的后果可以接受吗？
If we say that five or six hundred citizens are as many as can jointly exercise their right of suffrage, must we not deprive the people of the immediate choice of their public servants, in every instance where the administration of the government does not require as many of them as will amount to one for that number of citizens?
如果我们说五六百名公民就可以共同行使选举权，那么在政府管理不需要那么多公民的情况下，我们难道不应该剥夺人民立即选择公务员的权利吗？
Is the doctrine warranted by FACTS?
该学说是否有事实依据？
It was shown in the last paper, that the real representation in the British House of Commons very little exceeds the proportion of one for every thirty thousand inhabitants.
上一篇论文表明，英国下议院的实际代表权比例几乎不超过每三万居民一人的比例。
Besides a variety of powerful causes not existing here, and which favor in that country the pretensions of rank and wealth, no person is eligible as a representative of a county, unless he possess real estate of the clear value of six hundred pounds sterling per year; nor of a city or borough, unless he possess a like estate of half that annual value.
除了这里不存在的各种强有力的原因以及在该国支持地位和财富的主张之外，任何人都没有资格担任县代表，除非他每年拥有明显价值六百英镑的房地产；也不是城市或行政区的人，除非他拥有年价值一半的类似财产。
To this qualification on the part of the county representatives is added another on the part of the county electors, which restrains the right of suffrage to persons having a freehold estate of the annual value of more than twenty pounds sterling, according to the present rate of money.
除了县代表的这一资格外，县选举人还增加了另一项资格，即限制了拥有永久业权财产的人的选举权，而永久业权财产的年价值根据目前的货币价值超过二十英镑。
Notwithstanding these unfavorable circumstances, and notwithstanding some very unequal laws in the British code, it cannot be said that the representatives of the nation have elevated the few on the ruins of the many.
尽管有这些不利的环境，尽管英国法典中有一些非常不平等的法律，但不能说国家的代表在多数人的废墟上抬举了少数人。
But we need not resort to foreign experience on this subject.
但我们不必在这个问题上求助于外国经验。
Our own is explicit and decisive.
我们自己的做法是明确而果断的。
The districts in New Hampshire in which the senators are chosen immediately by the people, are nearly as large as will be necessary for her representatives in the Congress.
新罕布什尔州的参议员由人民立即选出的选区几乎与她在国会中的代表所需的面积一样大。
Those of Massachusetts are larger than will be necessary for that purpose; and those of New York still more so.
马萨诸塞州的规模大于该目的所需的规模；纽约的情况更是如此。
In the last State the members of Assembly for the cities and counties of New York and Albany are elected by very nearly as many voters as will be entitled to a representative in the Congress, calculating on the number of sixty-five representatives only.
在最后一个州，纽约州和奥尔巴尼市和县的议会成员是由几乎与有权在国会中获得代表的选民一样多的选民选出的，仅以六十五名代表的人数计算。
It makes no difference that in these senatorial districts and counties a number of representatives are voted for by each elector at the same time.
在这些参议院选区和县中，每位选民同时投票选出一些代表，这没有什么区别。
If the same electors at the same time are capable of choosing four or five representatives, they cannot be incapable of choosing one.
如果同一选举人同时能够选出四名或五名代表，他们就不可能不能选出一名代表。
Pennsylvania is an additional example.
宾夕法尼亚州是另一个例子。
Some of her counties, which elect her State representatives, are almost as large as her districts will be by which her federal representatives will be elected.
她的一些选举州代表的县几乎与选举联邦代表的选区一样大。
The city of Philadelphia is supposed to contain between fifty and sixty thousand souls.
费城城应该容纳五到六万灵魂。
It will therefore form nearly two districts for the choice of federal representatives.
因此，它将形成近两个选区来选举联邦代表。
It forms, however, but one county, in which every elector votes for each of its representatives in the State legislature.
然而，它只形成一个县，其中每位选民都投票选举其在州立法机构中的每位代表。
And what may appear to be still more directly to our purpose, the whole city actually elects a SINGLE MEMBER for the executive council.
整个城市实际上选举了一名执行委员会成员，这似乎更符合我们的目的。
This is the case in all the other counties of the State.
该州所有其他县的情况都是如此。
Are not these facts the most satisfactory proofs of the fallacy which has been employed against the branch of the federal government under consideration?
难道这些事实不是针对正在考虑的联邦政府部门的谬论的最令人满意的证据吗？
Has it appeared on trial that the senators of New Hampshire, Massachusetts, and New York, or the executive council of Pennsylvania, or the members of the Assembly in the two last States, have betrayed any peculiar disposition to sacrifice the many to the few, or are in any respect less worthy of their places than the representatives and magistrates appointed in other States by very small divisions of the people?
新罕布什尔州、马萨诸塞州和纽约州的参议员，或者宾夕法尼亚州的执行委员会，或者最后两个州的议会议员，在审判中是否表现出任何为了少数人而牺牲多数人的特殊倾向，或者在任何方面都不如其他州由一小部分人民任命的代表和地方法官那么值得？
But there are cases of a stronger complexion than any which I have yet quoted.
但有些案例的肤色比我所引用的任何案例都更强烈。
One branch of the legislature of Connecticut is so constituted that each member of it is elected by the whole State.
康涅狄格州立法机构的一个分支的组成方式是，每个成员均由全州选举产生。
So is the governor of that State, of Massachusetts, and of this State, and the president of New Hampshire.
该州、马萨诸塞州、本州的州长以及新罕布什尔州的总统也是如此。
I leave every man to decide whether the result of any one of these experiments can be said to countenance a suspicion, that a diffusive mode of choosing representatives of the people tends to elevate traitors and to undermine the public liberty.
我让每个人来决定这些实验中的任何一个的结果是否可以说是支持一种怀疑，即选择人民代表的扩散模式往往会抬高叛徒并损害公共自由。
PUBLIUS
普布利乌斯
FEDERALIST No. 58
联邦党人文集 58 号
Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands.
反对议员人数不会随着人口需求的增长而增加。
Considered For the Independent Journal Wednesday, February 20, 1788.
独立杂志于 1788 年 2 月 20 日星期三考虑。
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
THE remaining charge against the House of Representatives, which I am to examine, is grounded on a supposition that the number of members will not be augmented from time to time, as the progress of population may demand.
我要审查的对众议院的其余指控是基于这样的假设：议员人数不会随着人口增长的需要而不时增加。
It has been admitted, that this objection, if well supported, would have great weight.
人们承认，这一反对意见如果得到充分支持，将具有很大的分量。
The following observations will show that, like most other objections against the Constitution, it can only proceed from a partial view of the subject, or from a jealousy which discolors and disfigures every object which is beheld.
下面的观察将表明，像大多数其他反对宪法的反对意见一样，它只能从对主题的片面观点出发，或者从使所看到的每一个物体变色和毁容的嫉妒出发。
1.
1.
Those who urge the objection seem not to have recollected that the federal Constitution will not suffer by a comparison with the State constitutions, in the security provided for a gradual augmentation of the number of representatives.
那些提出反对意见的人似乎没有记得，在为逐步增加代表人数提供保障的情况下，联邦宪法不会因与州宪法相比而受到损害。
The number which is to prevail in the first instance is declared to be temporary.
首先宣布的数字是临时的。
Its duration is limited to the short term of three years.
其期限仅限于短期的三年。
Within every successive term of ten years a census of inhabitants is to be repeated.
在每十年的连续任期内，都要重复进行一次居民普查。
The unequivocal objects of these regulations are, first, to readjust, from time to time, the apportionment of representatives to the number of inhabitants, under the single exception that each State shall have one representative at least; secondly, to augment the number of representatives at the same periods, under the sole limitation that the whole number shall not exceed one for every thirty thousand inhabitants.
这些条例的明确目标是，首先，不时重新调整代表与居民人数的分配，但唯一的例外是每个州至少应有一名代表；第二，增加同期代表的人数，但唯一的限制是，代表总数不得超过每三万居民一名。
If we review the constitutions of the several States, we shall find that some of them contain no determinate regulations on this subject, that others correspond pretty much on this point with the federal Constitution, and that the most effectual security in any of them is resolvable into a mere directory provision.
如果我们审查几个州的宪法，我们会发现其中一些州在这一问题上没有明确的规定，而另一些州在这一点上与联邦宪法基本一致，而其中任何一个州的最有效的保障都可以分解为纯粹的目录条款。
2.
2.
As far as experience has taken place on this subject, a gradual increase of representatives under the State constitutions has at least kept pace with that of the constituents, and it appears that the former have been as ready to concur in such measures as the latter have been to call for them.
就这一问题的经验来看，州宪法规定的代表人数的逐渐增加至少与选民的增加保持同步，而且前者似乎已经准备好同意后者所呼吁的这些措施。
3.
3.
There is a peculiarity in the federal Constitution which insures a watchful attention in a majority both of the people and of their representatives to a constitutional augmentation of the latter.
联邦宪法有一个特点，它确保大多数人民及其代表密切关注后者的宪法扩充。
The peculiarity lies in this, that one branch of the legislature is a representation of citizens, the other of the States: in the former, consequently, the larger States will have most weight; in the latter, the advantage will be in favor of the smaller States.
其特殊之处在于，立法机关的一个部门代表公民，另一个部门代表各州：因此，在前者中，较大的州将拥有最大的影响力；在后者中，较大的州将具有最大的影响力。在后者中，优势将有利于较小的国家。
From this circumstance it may with certainty be inferred that the larger States will be strenuous advocates for increasing the number and weight of that part of the legislature in which their influence predominates.
从这种情况可以肯定地推断，较大的州将大力提倡增加立法机关中其影响力占主导地位的部分的数量和权重。
And it so happens that four only of the largest will have a majority of the whole votes in the House of Representatives.
碰巧的是，只有四个最大的议员才能在众议院获得多数票。
Should the representatives or people, therefore, of the smaller States oppose at any time a reasonable addition of members, a coalition of a very few States will be sufficient to overrule the opposition; a coalition which, notwithstanding the rivalship and local prejudices which might prevent it on ordinary occasions, would not fail to take place, when not merely prompted by common interest, but justified by equity and the principles of the Constitution.
因此，如果较小国家的代表或人民在任何时候反对合理增加成员，那么极少数国家的联盟就足以驳回反对意见；尽管竞争和当地偏见在通常情况下可能会阻碍这种联合，但只要不仅是出于共同利益的推动，而且是出于公平和宪法原则的合理性，这种联合也不会失败。
It may be alleged, perhaps, that the Senate would be prompted by like motives to an adverse coalition; and as their concurrence would be indispensable, the just and constitutional views of the other branch might be defeated.
也许有人会说，参议院也会出于同样的动机而组建一个敌对的联盟。由于他们的同意是必不可少的，另一派的公正和符合宪法的观点可能会被击败。
This is the difficulty which has probably created the most serious apprehensions in the jealous friends of a numerous representation.
这可能是众多代表中嫉妒的朋友们最严重的忧虑所在。
Fortunately it is among the difficulties which, existing only in appearance, vanish on a close and accurate inspection.
幸运的是，这些困难只是表面上存在的，经过仔细而准确的检查就会消失。
The following reflections will, if I mistake not, be admitted to be conclusive and satisfactory on this point.
如果我没有弄错的话，下面的反思将被认为是关于这一点的结论性和令人满意的。
Notwithstanding the equal authority which will subsist between the two houses on all legislative subjects, except the originating of money bills, it cannot be doubted that the House, composed of the greater number of members, when supported by the more powerful States, and speaking the known and determined sense of a majority of the people, will have no small advantage in a question depending on the comparative firmness of the two houses.
尽管两院在除货币法案的制定之外的所有立法议题上拥有平等的权力，但毫无疑问，由更多议员组成的众议院，如果得到更强大的州的支持，并表达大多数人民已知和坚定的看法，在一个取决于两院相对坚定程度的问题上将拥有不小的优势。
This advantage must be increased by the consciousness, felt by the same side of being supported in its demands by right, by reason, and by the Constitution; and the consciousness, on the opposite side, of contending against the force of all these solemn considerations.
这种优势必须通过同一方的意识来增强，即其要求得到权利、理性和宪法的支持；另一方面，还有与所有这些严肃考虑的力量相抗衡的意识。
It is farther to be considered, that in the gradation between the smallest and largest States, there are several, which, though most likely in general to arrange themselves among the former are too little removed in extent and population from the latter, to second an opposition to their just and legitimate pretensions.
还需要考虑的是，在最小国家和最大国家之间的等级划分中，有几个国家虽然总体上很可能属于前者，但在面积和人口方面与后者相距甚远，无法支持反对它们的公正和合法的主张。
Hence it is by no means certain that a majority of votes, even in the Senate, would be unfriendly to proper augmentations in the number of representatives.
因此，绝不能确定大多数票数（即使是在参议院）也会对适当增加代表人数不友好。
It will not be looking too far to add, that the senators from all the new States may be gained over to the just views of the House of Representatives, by an expedient too obvious to be overlooked.
可以毫不夸张地说，所有新州的参议员都可以通过一种显而易见、不容忽视的权宜之计来接受众议院的公正观点。
As these States will, for a great length of time, advance in population with peculiar rapidity, they will be interested in frequent reapportionments of the representatives to the number of inhabitants.
由于这些国家将在很长一段时间内以特殊的速度增加人口，因此它们将有兴趣频繁地根据居民人数重新分配代表。
The large States, therefore, who will prevail in the House of Representatives, will have nothing to do but to make reapportionments and augmentations mutually conditions of each other; and the senators from all the most growing States will be bound to contend for the latter, by the interest which their States will feel in the former.
因此，在众议院占上风的大国除了将重新分配和增加经费作为彼此的条件外，别无他法。来自所有发展最快的州的参议员将必然为后者而奋斗，因为他们的州对前者感兴趣。
These considerations seem to afford ample security on this subject, and ought alone to satisfy all the doubts and fears which have been indulged with regard to it.
这些考虑似乎为这个问题提供了充分的保障，并且应该足以消除对此问题的所有怀疑和恐惧。
Admitting, however, that they should all be insufficient to subdue the unjust policy of the smaller States, or their predominant influence in the councils of the Senate, a constitutional and infallible resource still remains with the larger States, by which they will be able at all times to accomplish their just purposes.
然而，承认它们都不足以压制较小州的不公正政策，或它们在参议院议会中的主导影响力，宪法和可靠的资源仍然属于较大的州，通过这些资源，它们将能够在任何时候实现其正义目的。
The House of Representatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government.
众议院不仅可以拒绝，而且只能提出支持政府所需的物资。
They, in a word, hold the purse--that powerful instrument by which we behold, in the history of the British Constitution, an infant and humble representation of the people gradually enlarging the sphere of its activity and importance, and finally reducing, as far as it seems to have wished, all the overgrown prerogatives of the other branches of the government.
总而言之，他们掌握着钱袋——这是我们在英国宪法历史上看到的一个强有力的工具，通过它，人民的幼稚而卑微的代表逐渐扩大了其活动范围和重要性，并最终如其所愿地减少了政府其他部门所有过度扩张的特权。
This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.
事实上，这种对财政的权力可以被视为任何宪法都可以用来武装人民直接代表的最完整和最有效的武器，以纠正每一种不满，并实施每一项公正和有益的措施。
But will not the House of Representatives be as much interested as the Senate in maintaining the government in its proper functions, and will they not therefore be unwilling to stake its existence or its reputation on the pliancy of the Senate?
但是，众议院不会像参议院一样对维持政府的正常职能感兴趣，因此他们不会不愿意将政府的存在或声誉押在参议院的顺从上吗？
Or, if such a trial of firmness between the two branches were hazarded, would not the one be as likely first to yield as the other?
或者，如果两个分支之间的这种坚定性考验是冒险的，那么一个分支不是会像另一个分支一样首先屈服吗？
These questions will create no difficulty with those who reflect that in all cases the smaller the number, and the more permanent and conspicuous the station, of men in power, the stronger must be the interest which they will individually feel in whatever concerns the government.
这些问题不会对那些认为在所有情况下掌权者的数量越少、权力地位越持久和显着的人产生任何困难，他们个人对与政府有关的任何事情的兴趣必然越强烈。
Those who represent the dignity of their country in the eyes of other nations, will be particularly sensible to every prospect of public danger, or of dishonorable stagnation in public affairs.
那些在其他国家眼中代表自己国家尊严的人，对于公共危险或公共事务中不光彩的停滞的每一种可能性都会特别敏感。
To those causes we are to ascribe the continual triumph of the British House of Commons over the other branches of the government, whenever the engine of a money bill has been employed.
每当货币法案的引擎被使用时，我们都将英国下议院对政府其他部门的持续胜利归功于这些原因。
An absolute inflexibility on the side of the latter, although it could not have failed to involve every department of the state in the general confusion, has neither been apprehended nor experienced.
后者的绝对顽固，尽管它不可能不让国家的每个部门都陷入普遍的混乱之中，但既没有被理解也没有经历过。
The utmost degree of firmness that can be displayed by the federal Senate or President, will not be more than equal to a resistance in which they will be supported by constitutional and patriotic principles.
联邦参议院或总统所能表现出的最大程度的坚定，也不会超过他们将得到宪法和爱国原则支持的抵抗。
In this review of the Constitution of the House of Representatives, I have passed over the circumstances of economy, which, in the present state of affairs, might have had some effect in lessening the temporary number of representatives, and a disregard of which would probably have been as rich a theme of declamation against the Constitution as has been shown by the smallness of the number proposed.
在这次对众议院宪法的审查中，我忽略了经济状况，在目前的情况下，经济状况可能对减少临时代表人数产生一定影响，而忽视经济状况可能会成为反对宪法的丰富主题，正如提议的人数之少所表明的那样。
I omit also any remarks on the difficulty which might be found, under present circumstances, in engaging in the federal service a large number of such characters as the people will probably elect.
我也省略了任何关于在目前情况下可能会发现的困难的评论，让大量人民可能会选出的人物参与联邦服务。
One observation, however, I must be permitted to add on this subject as claiming, in my judgment, a very serious attention.
然而，我必须允许我补充一点，根据我的判断，我认为这一主题受到了非常认真的关注。
It is, that in all legislative assemblies the greater the number composing them may be, the fewer will be the men who will in fact direct their proceedings.
也就是说，在所有立法议会中，组成议会的人数越多，实际上指导其议事程序的人就越少。
In the first place, the more numerous an assembly may be, of whatever characters composed, the greater is known to be the ascendency of passion over reason.
首先，集会的人数越多，无论其成员组成如何，激情对理性的优势就越大。
In the next place, the larger the number, the greater will be the proportion of members of limited information and of weak capacities.
其次，人数越多，信息有限、能力薄弱的成员比例就越大。
Now, it is precisely on characters of this description that the eloquence and address of the few are known to act with all their force.
现在，正是在这种描述的人物身上，少数人的口才和演讲发挥了全部力量。
In the ancient republics, where the whole body of the people assembled in person, a single orator, or an artful statesman, was generally seen to rule with as complete a sway as if a sceptre had been placed in his single hand.
在古代共和国，全体人民亲自聚集在一起，一个演说家或一个狡猾的政治家通常被视为拥有完全的统治力，就像一根权杖放在他的手中一样。
On the same principle, the more multitudinous a representative assembly may be rendered, the more it will partake of the infirmities incident to collective meetings of the people.
同样的原则，代表大会的人数越多，它就越会受到人民集体会议的弊病的影响。
Ignorance will be the dupe of cunning, and passion the slave of sophistry and declamation.
无知将成为狡猾的欺骗者，激情将成为诡辩和雄辩的奴隶。
The people can never err more than in supposing that by multiplying their representatives beyond a certain limit, they strengthen the barrier against the government of a few.
人民如果认为通过将自己的代表人数增加到一定限度以上，就能加强反对少数人政府的壁垒，那就大错特错了。
Experience will forever admonish them that, on the contrary, AFTER SECURING A SUFFICIENT NUMBER FOR THE PURPOSES OF SAFETY, OF LOCAL INFORMATION, AND OF DIFFUSIVE SYMPATHY WITH THE WHOLE SOCIETY, they will counteract their own views by every addition to their representatives.
经验将永远告诫他们，相反，在为了安全、当地信息和对整个社会的广泛同情而获得足够数量的代表之后，他们将通过每一次增加代表来抵消自己的观点。
The countenance of the government may become more democratic, but the soul that animates it will be more oligarchic.
政府的外表可能会变得更加民主，但其灵魂却会更加寡头化。
The machine will be enlarged, but the fewer, and often the more secret, will be the springs by which its motions are directed.
机器将被扩大，但引导其运动的弹簧将变得更少，而且往往更秘密。
As connected with the objection against the number of representatives, may properly be here noticed, that which has been suggested against the number made competent for legislative business.
关于反对代表人数的问题，这里可以适当注意的是，针对有权立法事务的人数提出的反对意见。
It has been said that more than a majority ought to have been required for a quorum; and in particular cases, if not in all, more than a majority of a quorum for a decision.
有人说，法定人数应该超过多数；在特定情况下（如果不是全部的话），需要超过做出决定的法定人数的多数。
That some advantages might have resulted from such a precaution, cannot be denied.
不可否认，这种预防措施可能会带来一些好处。
It might have been an additional shield to some particular interests, and another obstacle generally to hasty and partial measures.
它可能是对某些特定利益的额外保护，也是仓促和片面措施的另一个障碍。
But these considerations are outweighed by the inconveniences in the opposite scale.
但这些考虑因素却被相反规模的不便所抵消。
In all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed.
在正义或公共利益可能需要通过新法律或采取积极措施的所有情况下，自由政府的基本原则都将被推翻。
It would be no longer the majority that would rule: the power would be transferred to the minority.
统治将不再是多数人：权力将转移给少数人。
Were the defensive privilege limited to particular cases, an interested minority might take advantage of it to screen themselves from equitable sacrifices to the general weal, or, in particular emergencies, to extort unreasonable indulgences.
如果防御特权仅限于特定情况，感兴趣的少数人可能会利用它来避免为公共福利做出公平的牺牲，或者在特殊紧急情况下勒索不合理的放纵。
Lastly, it would facilitate and foster the baneful practice of secessions; a practice which has shown itself even in States where a majority only is required; a practice subversive of all the principles of order and regular government; a practice which leads more directly to public convulsions, and the ruin of popular governments, than any other which has yet been displayed among us.
最后，它将促进和助长分裂国家的有害做法；即使在只需要多数票的国家，这种做法也已显现出来；颠覆所有秩序和正规政府原则的做法；这种做法比我们迄今所展示的任何其他做法都更直接地导致公众动乱和人民政府的垮台。
PUBLIUS
普布利乌斯
FEDERALIST No. 59
联邦党人文集第 59 号
Concerning the Power of Congress to Regulate the Election of Members
关于国会规范议员选举的权力
From the New York Packet.
来自纽约邮包。
Friday, February 22, 1788.
1788 年 2 月 22 日，星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members.
这个主题的自然顺序使我们在这里考虑宪法中的一项规定，该规定授权国家立法机关在最后手段下规范其议员的选举。
It is in these words: "The TIMES, PLACES, and MANNER of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; but the Congress may, at any time, by law, make or alter SUCH REGULATIONS, except as to the PLACES of choosing senators."(1) This provision has not only been declaimed against by those who condemn the Constitution in the gross, but it has been censured by those who have objected with less latitude and greater moderation; and, in one instance it has been thought exceptionable by a gentleman who has declared himself the advocate of every other part of the system.
这句话是这样说的：“参议员和众议员选举的时间、地点和方式应由各州的立法机关规定；但国会可以在任何时候依法制定或更改此类规定，但选举参议员的地点除外。”（1）这项规定不仅受到那些严重谴责宪法的人的强烈反对，而且还受到那些反对宪法的人的谴责。更少的自由度和更大的节制；并且，在一个例子中，一位绅士认为这是例外的，他宣称自己是该体系所有其他部分的倡导者。
I am greatly mistaken, notwithstanding, if there be any article in the whole plan more completely defensible than this.
尽管如此，如果整个计划中还有任何一篇文章比这更完全站得住脚，我就大错特错了。
Its propriety rests upon the evidence of this plain proposition, that EVERY GOVERNMENT OUGHT TO CONTAIN IN ITSELF THE MEANS OF ITS OWN PRESERVATION.
它的适当性取决于这个简单命题的证据，即每个政府都应该拥有自己的保护手段。
Every just reasoner will, at first sight, approve an adherence to this rule, in the work of the convention; and will disapprove every deviation from it which may not appear to have been dictated by the necessity of incorporating into the work some particular ingredient, with which a rigid conformity to the rule was incompatible.
每一个公正的推理者乍一看都会赞成在大会的工作中遵守这一规则；并会反对一切偏离它的行为，这些偏离似乎不是由于需要将某些特定成分纳入作品中而造成的，而严格遵守规则是与这些成分不相容的。
Even in this case, though he may acquiesce in the necessity, yet he will not cease to regard and to regret a departure from so fundamental a principle, as a portion of imperfection in the system which may prove the seed of future weakness, and perhaps anarchy.
即使在这种情况下，尽管他可能默许这种必要性，但他不会停止将背离如此基本的原则视为体系的不完善部分，并为此感到遗憾，这可能会成为未来弱点甚至无政府状态的种子。
It will not be alleged, that an election law could have been framed and inserted in the Constitution, which would have been always applicable to every probable change in the situation of the country; and it will therefore not be denied, that a discretionary power over elections ought to exist somewhere.
不会有人声称，可以制定选举法并将其写入宪法，该法始终适用于国家局势的每一个可能的变化；因此，不可否认的是，选举的自由裁量权应该存在于某个地方。
It will, I presume, be as readily conceded, that there were only three ways in which this power could have been reasonably modified and disposed: that it must either have been lodged wholly in the national legislature, or wholly in the State legislatures, or primarily in the latter and ultimately in the former.
我认为，人们很容易承认，只有三种方式可以合理地修改和处置这一权力：它必须要么完全由国家立法机关提出，要么完全由州立法机关提出，或者主要由后者最终由前者提出。
The last mode has, with reason, been preferred by the convention.
最后一种模式理所当然地受到了大会的青睐。
They have submitted the regulation of elections for the federal government, in the first instance, to the local administrations; which, in ordinary cases, and when no improper views prevail, may be both more convenient and more satisfactory; but they have reserved to the national authority a right to interpose, whenever extraordinary circumstances might render that interposition necessary to its safety.
他们首先将联邦政府选举的规定提交给地方政府；在一般情况下，当不存在不当观点时，这可能会更方便，也更令人满意；但他们保留国家当局进行干预的权利，只要特殊情况可能导致其安全需要进行干预。
Nothing can be more evident, than that an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy.
没有什么比州立法机构拥有规范国家政府选举的专有权力更明显的了，这将使联邦的存在完全受其摆布。
They could at any moment annihilate it, by neglecting to provide for the choice of persons to administer its affairs.
如果他们忽视了管理其事务的人选，他们随时都可能消灭它。
It is to little purpose to say, that a neglect or omission of this kind would not be likely to take place.
说这种忽视或遗漏不可能发生是没有意义的。
The constitutional possibility of the thing, without an equivalent for the risk, is an unanswerable objection.
如果没有相应的风险，事物的宪法可能性是一个无法反驳的反对意见。
Nor has any satisfactory reason been yet assigned for incurring that risk.
还没有给出任何令人满意的理由来承担这种风险。
The extravagant surmises of a distempered jealousy can never be dignified with that character.
因嫉妒而产生的过分猜测对于这种性格来说是不可能有尊严的。
If we are in a humor to presume abuses of power, it is as fair to presume them on the part of the State governments as on the part of the general government.
如果我们愿意假设滥用权力，那么假设州政府和联邦政府都滥用权力是同样公平的。
And as it is more consonant to the rules of a just theory, to trust the Union with the care of its own existence, than to transfer that care to any other hands, if abuses of power are to be hazarded on the one side or on the other, it is more rational to hazard them where the power would naturally be placed, than where it would unnaturally be placed.
而且，由于信任联邦会关心其自身的存在，而不是将这种关心转移到任何其他人手中，这更符合正义理论的规则，因此，如果一方或另一方有滥用权力的危险，那么在权力自然存在的地方比在权力不自然的地方冒险更合理。
Suppose an article had been introduced into the Constitution, empowering the United States to regulate the elections for the particular States, would any man have hesitated to condemn it, both as an unwarrantable transposition of power, and as a premeditated engine for the destruction of the State governments?
假设宪法中引入了一项条款，授权美国监管特定州的选举，任何人都会毫不犹豫地谴责它，因为它既是无理的权力转移，又是破坏州政府的有预谋的引擎？
The violation of principle, in this case, would have required no comment; and, to an unbiased observer, it will not be less apparent in the project of subjecting the existence of the national government, in a similar respect, to the pleasure of the State governments.
在这种情况下，违反原则是不需要评论的；而且，对于一个公正的观察者来说，在类似的方面，在使国家政府的存在服从于州政府的意愿的计划中，这一点也不会那么明显。
An impartial view of the matter cannot fail to result in a conviction, that each, as far as possible, ought to depend on itself for its own preservation.
对此事的公正看法不能不让人相信，每个人都应该尽可能依靠自己来保护自己。
As an objection to this position, it may be remarked that the constitution of the national Senate would involve, in its full extent, the danger which it is suggested might flow from an exclusive power in the State legislatures to regulate the federal elections.
作为对这一立场的反对意见，有人可能会指出，国家参议院的宪法在其全部范围内将涉及州立法机构监管联邦选举的专有权力可能带来的危险。
It may be alleged, that by declining the appointment of Senators, they might at any time give a fatal blow to the Union; and from this it may be inferred, that as its existence would be thus rendered dependent upon them in so essential a point, there can be no objection to intrusting them with it in the particular case under consideration.
或许有人会说，拒绝任命参议员，随时可能给联邦带来致命的打击；由此可以推断，由于它的存在在如此重要的一点上将依赖于他们，因此在所考虑的特定情况下将其委托给他们是没有异议的。
The interest of each State, it may be added, to maintain its representation in the national councils, would be a complete security against an abuse of the trust.
可以补充的是，维持其在国家委员会中的代表权是每个国家的利益，这将是防止滥用信任的完全保证。
This argument, though specious, will not, upon examination, be found solid.
这个论点虽然似是而非，但经过检验，却并不成立。
It is certainly true that the State legislatures, by forbearing the appointment of senators, may destroy the national government.
毫无疑问，州立法机构如果不任命参议员，可能会摧毁国家政府。
But it will not follow that, because they have a power to do this in one instance, they ought to have it in every other.
但这并不意味着，因为他们在某种情况下有权力这样做，他们就应该在其他情况下拥有这种权力。
There are cases in which the pernicious tendency of such a power may be far more decisive, without any motive equally cogent with that which must have regulated the conduct of the convention in respect to the formation of the Senate, to recommend their admission into the system.
在某些情况下，这种权力的有害倾向可能更具决定性，而没有任何与规范制宪会议在参议院组成方面的行为同样令人信服的动机，以建议将其纳入该体系。
So far as that construction may expose the Union to the possibility of injury from the State legislatures, it is an evil; but it is an evil which could not have been avoided without excluding the States, in their political capacities, wholly from a place in the organization of the national government.
就这种结构可能使联邦面临州立法机构伤害的可能性而言，这是一种邪恶；但是，如果不将各州以其政治能力完全排除在国家政府组织中的一席之地，这种罪恶是无法避免的。
If this had been done, it would doubtless have been interpreted into an entire dereliction of the federal principle; and would certainly have deprived the State governments of that absolute safeguard which they will enjoy under this provision.
如果这样做，无疑会被解释为完全违背联邦原则；并且肯定会剥夺州政府根据该条款享有的绝对保障。
But however wise it may have been to have submitted in this instance to an inconvenience, for the attainment of a necessary advantage or a greater good, no inference can be drawn from thence to favor an accumulation of the evil, where no necessity urges, nor any greater good invites.
但是，无论在这种情况下为了获得必要的利益或更大的利益而忍受不便是多么明智，都不能从中得出有利于邪恶积累的推论，因为没有必要性催促，也没有任何更大的利益邀请。
It may be easily discerned also that the national government would run a much greater risk from a power in the State legislatures over the elections of its House of Representatives, than from their power of appointing the members of its Senate.
还可以很容易地看出，州立法机构对众议院选举的权力比州立法机构任命参议院议员的权力给国家政府带来的风险要大得多。
The senators are to be chosen for the period of six years; there is to be a rotation, by which the seats of a third part of them are to be vacated and replenished every two years; and no State is to be entitled to more than two senators; a quorum of the body is to consist of sixteen members.
参议员的任期为六年；实行轮换，每两年腾出三分之一的席位并补充；任何州都不得有超过两名参议员；该机构的法定人数为十六名成员。
The joint result of these circumstances would be, that a temporary combination of a few States to intermit the appointment of senators, could neither annul the existence nor impair the activity of the body; and it is not from a general and permanent combination of the States that we can have any thing to fear.
这些情况的共同结果是，几个州暂时联合起来暂停任命参议员，既不能废除该机构的存在，也不能损害该机构的活动；我们没有什么值得担心的，因为这些国家的普遍和永久的联合。
The first might proceed from sinister designs in the leading members of a few of the State legislatures; the last would suppose a fixed and rooted disaffection in the great body of the people, which will either never exist at all, or will, in all probability, proceed from an experience of the inaptitude of the general government to the advancement of their happiness in which event no good citizen could desire its continuance.
第一个可能源于一些州立法机关领导成员的险恶图谋；最后一种假设是广大人民中存在一种固定的、根深蒂固的不满情绪，这种不满情绪要么根本不存在，要么很可能源于对总政府无能促进人民幸福的体验，在这种情况下，任何好公民都不会希望这种不满情绪继续下去。
But with regard to the federal House of Representatives, there is intended to be a general election of members once in two years.
但联邦众议院拟每两年举行一次议员大选。
If the State legislatures were to be invested with an exclusive power of regulating these elections, every period of making them would be a delicate crisis in the national situation, which might issue in a dissolution of the Union, if the leaders of a few of the most important States should have entered into a previous conspiracy to prevent an election.
如果州立法机关被赋予规范这些选举的专有权力，那么每次选举都会对国家局势造成微妙的危机，如果几个最重要的州的领导人先前密谋阻止选举，这可能会导致联邦解体。
I shall not deny, that there is a degree of weight in the observation, that the interests of each State, to be represented in the federal councils, will be a security against the abuse of a power over its elections in the hands of the State legislatures.
我不会否认，这一观察有一定的分量，即在联邦委员会中代表的每个州的利益将是防止州立法机关滥用其选举权力的保障。
But the security will not be considered as complete, by those who attend to the force of an obvious distinction between the interest of the people in the public felicity, and the interest of their local rulers in the power and consequence of their offices.
但是，对于那些注重人民对公共福祉的利益与当地统治者对他们职务的权力和后果的利益之间明显区别的人来说，这种安全不会被认为是完整的。
The people of America may be warmly attached to the government of the Union, at times when the particular rulers of particular States, stimulated by the natural rivalship of power, and by the hopes of personal aggrandizement, and supported by a strong faction in each of those States, may be in a very opposite temper.
美国人民可能会热烈地依恋联邦政府，但有时，某些州的特定统治者在自然的权力竞争和个人扩张的希望的刺激下，并在每个州都有强大派系的支持下，可能会表现出截然不同的脾气。
This diversity of sentiment between a majority of the people, and the individuals who have the greatest credit in their councils, is exemplified in some of the States at the present moment, on the present question.
大多数人民和在其议会中享有最大声誉的个人之间存在着这种不同的情绪，目前在一些州就当前问题得到了体现。
The scheme of separate confederacies, which will always multiply the chances of ambition, will be a never failing bait to all such influential characters in the State administrations as are capable of preferring their own emolument and advancement to the public weal.
单独的联盟计划总是会增加野心的机会，对于国家行政机构中所有有影响力的人物来说，这将是一个永远不会失败的诱饵，因为他们能够优先考虑自己的薪酬和进步而不是公共福利。
With so effectual a weapon in their hands as the exclusive power of regulating elections for the national government, a combination of a few such men, in a few of the most considerable States, where the temptation will always be the strongest, might accomplish the destruction of the Union, by seizing the opportunity of some casual dissatisfaction among the people (and which perhaps they may themselves have excited), to discontinue the choice of members for the federal House of Representatives.
他们手中握有如此有效的武器，即规范国家政府选举的专有权力，在几个最重要的州（那里的诱惑永远是最强烈的），少数这样的人联合起来，可能会通过抓住人民中偶尔出现的一些不满的机会（也许他们自己也已经激起这种不满）来终止联邦众议院议员的选举，从而达到摧毁联邦的目的。
It ought never to be forgotten, that a firm union of this country, under an efficient government, will probably be an increasing object of jealousy to more than one nation of Europe; and that enterprises to subvert it will sometimes originate in the intrigues of foreign powers, and will seldom fail to be patronized and abetted by some of them.
永远不应该忘记的是，在一个高效政府的领导下，这个国家的牢固联盟可能会成为不止一个欧洲国家日益嫉妒的对象；颠覆它的事业有时源于外国势力的阴谋，而且很少会受到其中一些势力的庇护和怂恿。
Its preservation, therefore ought in no case that can be avoided, to be committed to the guardianship of any but those whose situation will uniformly beget an immediate interest in the faithful and vigilant performance of the trust.
因此，在任何情况下，它的保存都应该由任何人来监护，但那些情况将一致引起对忠实和警惕地履行信托的直接利益的人。
PUBLIUS
普布利乌斯
1.
1.
1st clause, 4th section, of the 1st article.
第一条第四款第一项。
FEDERALIST No. 60
联邦党人文集 60 号
The Same Subject Continued (Concerning the Power of Congress to Regulate the Election of Members)
同一主题继续（关于国会规范议员选举的权力）
From The Independent Journal.
来自独立杂志。
Saturday, February 23, 1788.
1788 年 2 月 23 日，星期六。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
WE HAVE seen, that an uncontrollable power over the elections to the federal government could not, without hazard, be committed to the State legislatures.
我们已经看到，将联邦政府选举的不受控制的权力交给州立法机构是不可能没有风险的。
Let us now see, what would be the danger on the other side; that is, from confiding the ultimate right of regulating its own elections to the Union itself.
现在让我们看看，另一边会有什么危险？也就是说，将管理自身选举的最终权利交给联盟本身。
It is not pretended, that this right would ever be used for the exclusion of any State from its share in the representation.
并没有假装这项权利会被用来排除任何国家在代表权中的份额。
The interest of all would, in this respect at least, be the security of all.
至少在这方面，所有人的利益将是所有人的安全。
But it is alleged, that it might be employed in such a manner as to promote the election of some favorite class of men in exclusion of others, by confining the places of election to particular districts, and rendering it impracticable to the citizens at large to partake in the choice.
但据称，它可能会被用来促进某些最喜爱的阶层的选举，而排除其他人，将选举地点限制在特定地区，并使广大公民无法参与选择。
Of all chimerical suppositions, this seems to be the most chimerical.
在所有荒唐的假设中，这似乎是最荒唐的。
On the one hand, no rational calculation of probabilities would lead us to imagine that the disposition which a conduct so violent and extraordinary would imply, could ever find its way into the national councils; and on the other, it may be concluded with certainty, that if so improper a spirit should ever gain admittance into them, it would display itself in a form altogether different and far more decisive.
一方面，任何对概率的理性计算都不会让我们想象如此暴力和非同寻常的行为所暗示的倾向可能会进入国家议会；另一方面，可以肯定地得出结论，如果如此不正当的精神能够进入其中，它将以一种完全不同且更具决定性的形式表现出来。
The improbability of the attempt may be satisfactorily inferred from this single reflection, that it could never be made without causing an immediate revolt of the great body of the people, headed and directed by the State governments.
从这一单一的思考中就可以令人满意地推断出这种企图的可能性不大，即如果不引起由州政府领导和指挥的广大人民的立即反抗，这种企图就不可能发生。
It is not difficult to conceive that this characteristic right of freedom may, in certain turbulent and factious seasons, be violated, in respect to a particular class of citizens, by a victorious and overbearing majority; but that so fundamental a privilege, in a country so situated and enlightened, should be invaded to the prejudice of the great mass of the people, by the deliberate policy of the government, without occasioning a popular revolution, is altogether inconceivable and incredible.
不难想象，在某些动荡和派系纷争的时期，这一特有的自由权可能会被胜利的、专横的多数人侵犯，就特定的公民阶层而言；但是，在一个如此处境和开明的国家里，如此基本的特权竟然被政府故意的政策所侵犯，损害了广大人民群众的利益，而不引起民众革命，这是完全不可想象和难以置信的。
In addition to this general reflection, there are considerations of a more precise nature, which forbid all apprehension on the subject.
除了这种一般性的反思之外，还有更精确性质的考虑，这禁止对这个主题的所有担忧。
The dissimilarity in the ingredients which will compose the national government, and still more in the manner in which they will be brought into action in its various branches, must form a powerful obstacle to a concert of views in any partial scheme of elections.
组成国家政府的人员的不同，尤其是在其各个部门中采取行动的方式的不同，必定会对任何局部选举计划中的意见一致构成强大的障碍。
There is sufficient diversity in the state of property, in the genius, manners, and habits of the people of the different parts of the Union, to occasion a material diversity of disposition in their representatives towards the different ranks and conditions in society.
联邦不同地区的人民在财产状况、天赋、举止和习惯方面存在着足够的多样性，从而导致他们的代表对社会中不同阶层和条件的态度存在实质上的多样性。
And though an intimate intercourse under the same government will promote a gradual assimilation in some of these respects, yet there are causes, as well physical as moral, which may, in a greater or less degree, permanently nourish different propensities and inclinations in this respect.
尽管同一政府领导下的密切交往会促进其中一些方面的逐渐同化，但也有一些原因，包括身体上的和道德上的，可能或多或少地永久地滋养这方面的不同倾向和倾向。
But the circumstance which will be likely to have the greatest influence in the matter, will be the dissimilar modes of constituting the several component parts of the government.
但对此事影响最大的情况可能是政府各组成部分的不同组成方式。
The House of Representatives being to be elected immediately by the people, the Senate by the State legislatures, the President by electors chosen for that purpose by the people, there would be little probability of a common interest to cement these different branches in a predilection for any particular class of electors.
众议院由人民立即选举产生，参议院由州立法机关选举产生，总统由人民为此目的选出的选举人选举产生，因此不太可能有共同利益来巩固这些不同的分支，偏爱任何特定类别的选举人。
As to the Senate, it is impossible that any regulation of "time and manner," which is all that is proposed to be submitted to the national government in respect to that body, can affect the spirit which will direct the choice of its members.
至于参议院，任何有关“时间和方式”的规定（即就该机构向国家政府提出的所有规定）都不可能影响指导其成员选择的精神。
The collective sense of the State legislatures can never be influenced by extraneous circumstances of that sort; a consideration which alone ought to satisfy us that the discrimination apprehended would never be attempted.
州立法机关的集体意识永远不会受到此类外部情况的影响；仅凭这一考虑就足以让我们确信所逮捕的歧视永远不会发生。
For what inducement could the Senate have to concur in a preference in which itself would not be included?
出于什么动机，参议院必须同意一项自己不被包括在内的偏好？
Or to what purpose would it be established, in reference to one branch of the legislature, if it could not be extended to the other?
或者，如果它不能扩展到立法机关的另一个部门，那么设立它的目的是什么？
The composition of the one would in this case counteract that of the other.
在这种情况下，一个的组成将抵消另一个的组成。
And we can never suppose that it would embrace the appointments to the Senate, unless we can at the same time suppose the voluntary co-operation of the State legislatures.
我们永远不能假设它会接受参议院的任命，除非我们同时可以假设各州立法机构的自愿合作。
If we make the latter supposition, it then becomes immaterial where the power in question is placed--whether in their hands or in those of the Union.
如果我们做出后一种假设，那么相关权力位于何处就变得无关紧要了——无论是在他们手中还是在联邦手中。
But what is to be the object of this capricious partiality in the national councils?
但国民议会中这种反复无常的偏袒的目的是什么？
Is it to be exercised in a discrimination between the different departments of industry, or between the different kinds of property, or between the different degrees of property?
是在不同的工业部门之间、不同的财产类型之间、还是不同的财产等级之间实行歧视吗？
Will it lean in favor of the landed interest, or the moneyed interest, or the mercantile interest, or the manufacturing interest?
它会倾向于土地利益、货币利益、商业利益还是制造业利益？
Or, to speak in the fashionable language of the adversaries to the Constitution, will it court the elevation of "the wealthy and the well-born," to the exclusion and debasement of all the rest of the society?
或者，用宪法反对者的流行语言来说，它会提升“富人和出身名门的人”的地位，从而排斥和贬低社会上的所有其他人吗？
If this partiality is to be exerted in favor of those who are concerned in any particular description of industry or property, I presume it will readily be admitted, that the competition for it will lie between landed men and merchants.
如果这种偏向有利于那些关注工业或财产的特定描述的人，我想人们会很容易地承认，对工业或财产的竞争将发生在地主和商人之间。
And I scruple not to affirm, that it is infinitely less likely that either of them should gain an ascendant in the national councils, than that the one or the other of them should predominate in all the local councils.
我毫不犹豫地肯定，他们中的任何一个在国家议会中获得优势的可能性远小于他们中的一个或另一个在所有地方议会中占主导地位的可能性。
The inference will be, that a conduct tending to give an undue preference to either is much less to be dreaded from the former than from the latter.
由此推论，倾向于对其中任何一种给予不适当偏爱的行为，对前者的恐惧远小于对后者的恐惧。
The several States are in various degrees addicted to agriculture and commerce.
这几个州都不同程度地依赖于农业和商业。
In most, if not all of them, agriculture is predominant.
在大多数（如果不是全部）国家中，农业占主导地位。
In a few of them, however, commerce nearly divides its empire, and in most of them has a considerable share of influence.
然而，在其中一些国家，商业几乎分裂了其帝国，并且在大多数国家中具有相当大的影响力。
In proportion as either prevails, it will be conveyed into the national representation; and for the very reason, that this will be an emanation from a greater variety of interests, and in much more various proportions, than are to be found in any single State, it will be much less apt to espouse either of them with a decided partiality, than the representation of any single State.
无论哪一种占上风，都将被纳入国家代表中；正因为如此，与任何单一国家相比，这将源于更广泛的利益，而且比例也更加多样化，因此，与任何单一国家的代表相比，它更不可能明显偏向于其中任何一个。
In a country consisting chiefly of the cultivators of land, where the rules of an equal representation obtain, the landed interest must, upon the whole, preponderate in the government.
在一个主要由土地耕种者组成的国家中，如果实行平等代表权的规则，那么土地利益总体上必然在政府中占主导地位。
As long as this interest prevails in most of the State legislatures, so long it must maintain a correspondent superiority in the national Senate, which will generally be a faithful copy of the majorities of those assemblies.
只要这种利益在大多数州立法机构中占主导地位，只要它就必须在全国参议院中保持相应的优势，而参议院通常是这些议会多数派的忠实副本。
It cannot therefore be presumed, that a sacrifice of the landed to the mercantile class will ever be a favorite object of this branch of the federal legislature.
因此，不能认为联邦立法机关的这个部门最喜欢的目标是让地主为商业阶级做出牺牲。
In applying thus particularly to the Senate a general observation suggested by the situation of the country, I am governed by the consideration, that the credulous votaries of State power cannot, upon their own principles, suspect, that the State legislatures would be warped from their duty by any external influence.
因此，在将国家情况提出的一般性意见特别适用于参议院时，我的考虑是，轻信国家权力的人不能根据自己的原则怀疑州立法机关会因任何外部影响而偏离其职责。
But in reality the same situation must have the same effect, in the primitive composition at least of the federal House of Representatives: an improper bias towards the mercantile class is as little to be expected from this quarter as from the other.
但实际上，同样的情况必然会产生同样的效果，至少在联邦众议院的原始组成中：与其他季度一样，对商业阶级的不当偏见也是不可预期的。
In order, perhaps, to give countenance to the objection at any rate, it may be asked, is there not danger of an opposite bias in the national government, which may dispose it to endeavor to secure a monopoly of the federal administration to the landed class?
无论如何，为了支持这种反对意见，人们可能会问，国家政府是否不存在相反偏见的危险，这可能会促使它努力确保地主阶级对联邦政府的垄断？
As there is little likelihood that the supposition of such a bias will have any terrors for those who would be immediately injured by it, a labored answer to this question will be dispensed with.
由于这种偏见的假设不太可能对那些立即受到伤害的人产生任何恐惧，因此将省去对这个问题的费力回答。
It will be sufficient to remark, first, that for the reasons elsewhere assigned, it is less likely that any decided partiality should prevail in the councils of the Union than in those of any of its members.
It will be sufficient to remark, first, that for the reasons elsewhere assigned, it is less likely that any decided partiality should prevail in the councils of the Union than in those of any of its members.
Secondly, that there would be no temptation to violate the Constitution in favor of the landed class, because that class would, in the natural course of things, enjoy as great a preponderancy as itself could desire.
Secondly, that there would be no temptation to violate the Constitution in favor of the landed class, because that class would, in the natural course of things, enjoy as great a preponderancy as itself could desire.
And thirdly, that men accustomed to investigate the sources of public prosperity upon a large scale, must be too well convinced of the utility of commerce, to be inclined to inflict upon it so deep a wound as would result from the entire exclusion of those who would best understand its interest from a share in the management of them.
And thirdly, that men accustomed to investigate the sources of public prosperity upon a large scale, must be too well convinced of the utility of commerce, to be inclined to inflict upon it so deep a wound as would result from the entire exclusion of those who would best understand its interest from a share in the management of them.
The importance of commerce, in the view of revenue alone, must effectually guard it against the enmity of a body which would be continually importuned in its favor, by the urgent calls of public necessity.
仅从收入的角度来看，商业的重要性必须有效地保护它免受一个团体的敌意，而这个团体会因公共需要的紧急呼吁而不断地要求其支持。
I the rather consult brevity in discussing the probability of a preference founded upon a discrimination between the different kinds of industry and property, because, as far as I understand the meaning of the objectors, they contemplate a discrimination of another kind.
I the rather consult brevity in discussing the probability of a preference founded upon a discrimination between the different kinds of industry and property, because, as far as I understand the meaning of the objectors, they contemplate a discrimination of another kind.
They appear to have in view, as the objects of the preference with which they endeavor to alarm us, those whom they designate by the description of "the wealthy and the well-born." These, it seems, are to be exalted to an odious pre-eminence over the rest of their fellow-citizens.
他们似乎把那些他们通过描述“富有和出身名门的人”所指定的人作为他们试图警告我们的优先对象。看来，这些人将被推崇到比其他公民更优越的地位。
At one time, however, their elevation is to be a necessary consequence of the smallness of the representative body; at another time it is to be effected by depriving the people at large of the opportunity of exercising their right of suffrage in the choice of that body.
At one time, however, their elevation is to be a necessary consequence of the smallness of the representative body; at another time it is to be effected by depriving the people at large of the opportunity of exercising their right of suffrage in the choice of that body.
But upon what principle is the discrimination of the places of election to be made, in order to answer the purpose of the meditated preference?
But upon what principle is the discrimination of the places of election to be made, in order to answer the purpose of the meditated preference?
Are "the wealthy and the well-born," as they are called, confined to particular spots in the several States?
他们所谓的“富人和出身名门的人”是否仅限于几个州的特定地点？
Have they, by some miraculous instinct or foresight, set apart in each of them a common place of residence?
他们是否出于某种神奇的本能或先见之明，在每个人身上划出了一个共同的居住地？
Are they only to be met with in the towns or cities?
只能在城镇里见到他们吗？
Or are they, on the contrary, scattered over the face of the country as avarice or chance may have happened to cast their own lot or that of their predecessors?
Or are they, on the contrary, scattered over the face of the country as avarice or chance may have happened to cast their own lot or that of their predecessors?
If the latter is the case, (as every intelligent man knows it to be,(1)) is it not evident that the policy of confining the places of election to particular districts would be as subversive of its own aim as it would be exceptionable on every other account?
If the latter is the case, (as every intelligent man knows it to be,(1)) is it not evident that the policy of confining the places of election to particular districts would be as subversive of its own aim as it would be exceptionable on every other account?
The truth is, that there is no method of securing to the rich the preference apprehended, but by prescribing qualifications of property either for those who may elect or be elected.
The truth is, that there is no method of securing to the rich the preference apprehended, but by prescribing qualifications of property either for those who may elect or be elected.
But this forms no part of the power to be conferred upon the national government.
But this forms no part of the power to be conferred upon the national government.
Its authority would be expressly restricted to the regulation of the TIMES, the PLACES, the MANNER of elections.
其权力将明确限于对选举的时间、地点和方式的监管。
The qualifications of the persons who may choose or be chosen, as has been remarked upon other occasions, are defined and fixed in the Constitution, and are unalterable by the legislature.
正如在其他场合所指出的那样，可以选择或被选择的人员的资格是在《宪法》中规定和确定的，并且立法机关不得更改。
Let it, however, be admitted, for argument sake, that the expedient suggested might be successful; and let it at the same time be equally taken for granted that all the scruples which a sense of duty or an apprehension of the danger of the experiment might inspire, were overcome in the breasts of the national rulers, still I imagine it will hardly be pretended that they could ever hope to carry such an enterprise into execution without the aid of a military force sufficient to subdue the resistance of the great body of the people.
然而，为了论证的目的，我们必须承认，所建议的权宜之计可能会成功。同时，我们理所当然地认为，国家统治者心中克服了责任感或对实验危险的忧虑可能引起的所有顾虑，但我仍然认为，如果没有足以压制人民群众抵抗的军事力量的帮助，他们就不可能希望将这样的事业付诸实施。
The improbability of the existence of a force equal to that object has been discussed and demonstrated in different parts of these papers; but that the futility of the objection under consideration may appear in the strongest light, it shall be conceded for a moment that such a force might exist, and the national government shall be supposed to be in the actual possession of it.
这些论文的不同部分已经讨论和论证了存在与该物体相等的力的可能性； but that the futility of the objection under consideration may appear in the strongest light, it shall be conceded for a moment that such a force might exist, and the national government shall be supposed to be in the actual possession of it.
What will be the conclusion?
What will be the conclusion?
With a disposition to invade the essential rights of the community, and with the means of gratifying that disposition, is it presumable that the persons who were actuated by it would amuse themselves in the ridiculous task of fabricating election laws for securing a preference to a favorite class of men?
With a disposition to invade the essential rights of the community, and with the means of gratifying that disposition, is it presumable that the persons who were actuated by it would amuse themselves in the ridiculous task of fabricating election laws for securing a preference to a favorite class of men?
Would they not be likely to prefer a conduct better adapted to their own immediate aggrandizement?
Would they not be likely to prefer a conduct better adapted to their own immediate aggrandizement?
Would they not rather boldly resolve to perpetuate themselves in office by one decisive act of usurpation, than to trust to precarious expedients which, in spite of all the precautions that might accompany them, might terminate in the dismission, disgrace, and ruin of their authors?
难道他们不会更大胆地决心通过一项决定性的篡夺行为来维持自己的职位，而不是相信危险的权宜之计，尽管他们可能采取一切预防措施，但这些权宜之计可能会导致他们的作者被解雇、耻辱和毁灭？
Would they not fear that citizens, not less tenacious than conscious of their rights, would flock from the remote extremes of their respective States to the places of election, to overthrow their tyrants, and to substitute men who would be disposed to avenge the violated majesty of the people?
Would they not fear that citizens, not less tenacious than conscious of their rights, would flock from the remote extremes of their respective States to the places of election, to overthrow their tyrants, and to substitute men who would be disposed to avenge the violated majesty of the people?
PUBLIUS
普布利乌斯
1.
1.
Particularly in the Southern States and in this State.
Particularly in the Southern States and in this State.
FEDERALIST No. 61
联邦党人文集 61 号
The Same Subject Continued (Concerning the Power of Congress to Regulate the Election of Members)
同一主题继续（关于国会规范议员选举的权力）
From the New York Packet.
来自纽约邮包。
Tuesday, February 26, 1788.
Tuesday, February 26, 1788.
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE more candid opposers of the provision respecting elections, contained in the plan of the convention, when pressed in argument, will sometimes concede the propriety of that provision; with this qualification, however, that it ought to have been accompanied with a declaration, that all elections should be had in the counties where the electors resided.
大会计划中所载关于选举的条款的更坦率的反对者，在受到争论时，有时会承认该条款的适当性； with this qualification, however, that it ought to have been accompanied with a declaration, that all elections should be had in the counties where the electors resided.
This, say they, was a necessary precaution against an abuse of the power.
This, say they, was a necessary precaution against an abuse of the power.
A declaration of this nature would certainly have been harmless; so far as it would have had the effect of quieting apprehensions, it might not have been undesirable.
A declaration of this nature would certainly have been harmless;就它能起到平息忧虑的作用而言，这也许并不是不可取的。
But it would, in fact, have afforded little or no additional security against the danger apprehended; and the want of it will never be considered, by an impartial and judicious examiner, as a serious, still less as an insuperable, objection to the plan.
But it would, in fact, have afforded little or no additional security against the danger apprehended; and the want of it will never be considered, by an impartial and judicious examiner, as a serious, still less as an insuperable, objection to the plan.
The different views taken of the subject in the two preceding papers must be sufficient to satisfy all dispassionate and discerning men, that if the public liberty should ever be the victim of the ambition of the national rulers, the power under examination, at least, will be guiltless of the sacrifice.
The different views taken of the subject in the two preceding papers must be sufficient to satisfy all dispassionate and discerning men, that if the public liberty should ever be the victim of the ambition of the national rulers, the power under examination, at least, will be guiltless of the sacrifice.
If those who are inclined to consult their jealousy only, would exercise it in a careful inspection of the several State constitutions, they would find little less room for disquietude and alarm, from the latitude which most of them allow in respect to elections, than from the latitude which is proposed to be allowed to the national government in the same respect.
如果那些只倾向于考虑嫉妒的人会仔细检查几个州的宪法，他们会发现，大多数州在选举方面所允许的自由度，与提议在同一方面给予国家政府的自由度相比，他们会发现不安和惊慌的余地几乎没有。
A review of their situation, in this particular, would tend greatly to remove any ill impressions which may remain in regard to this matter.
在这一点上，对他们的情况进行审查，将大大消除对此事可能留下的任何不良印象。
But as that view would lead into long and tedious details, I shall content myself with the single example of the State in which I write.
但由于这种观点会导致冗长乏味的细节，我将满足于我所写的国家的唯一例子。
The constitution of New York makes no other provision for LOCALITY of elections, than that the members of the Assembly shall be elected in the COUNTIES; those of the Senate, in the great districts into which the State is or may be divided: these at present are four in number, and comprehend each from two to six counties.
纽约州宪法除了规定议会成员应在各县选举之外，没有对选举的地点做出其他规定； those of the Senate, in the great districts into which the State is or may be divided: these at present are four in number, and comprehend each from two to six counties.
It may readily be perceived that it would not be more difficult to the legislature of New York to defeat the suffrages of the citizens of New York, by confining elections to particular places, than for the legislature of the United States to defeat the suffrages of the citizens of the Union, by the like expedient.
It may readily be perceived that it would not be more difficult to the legislature of New York to defeat the suffrages of the citizens of New York, by confining elections to particular places, than for the legislature of the United States to defeat the suffrages of the citizens of the Union, by the like expedient.
Suppose, for instance, the city of Albany was to be appointed the sole place of election for the county and district of which it is a part, would not the inhabitants of that city speedily become the only electors of the members both of the Senate and Assembly for that county and district?
例如，假设奥尔巴尼市被指定为其所属县和地区的唯一选举地，那么该市的居民是否会很快成为该县和地区参议院和议会议员的唯一选举人？
Can we imagine that the electors who reside in the remote subdivisions of the counties of Albany, Saratoga, Cambridge, etc., or in any part of the county of Montgomery, would take the trouble to come to the city of Albany, to give their votes for members of the Assembly or Senate, sooner than they would repair to the city of New York, to participate in the choice of the members of the federal House of Representatives?
我们能否想象，居住在奥尔巴尼、萨拉托加、剑桥等县的偏远分区或蒙哥马利县任何地区的选民，会不厌其烦地来到奥尔巴尼市，为众议院或参议院议员投票，然后再赶赴纽约市，参与联邦众议院议员的选举呢？
The alarming indifference discoverable in the exercise of so invaluable a privilege under the existing laws, which afford every facility to it, furnishes a ready answer to this question.
现有法律为行使这一特权提供了一切便利，在行使如此宝贵的特权时，我们发现令人震惊的冷漠态度，这为这个问题提供了现成的答案。
And, abstracted from any experience on the subject, we can be at no loss to determine, that when the place of election is at an INCONVENIENT DISTANCE from the elector, the effect upon his conduct will be the same whether that distance be twenty miles or twenty thousand miles.
And, abstracted from any experience on the subject, we can be at no loss to determine, that when the place of election is at an INCONVENIENT DISTANCE from the elector, the effect upon his conduct will be the same whether that distance be twenty miles or twenty thousand miles.
Hence it must appear, that objections to the particular modification of the federal power of regulating elections will, in substance, apply with equal force to the modification of the like power in the constitution of this State; and for this reason it will be impossible to acquit the one, and to condemn the other.
因此，显然，对联邦管理选举权力的特定修改的反对意见实质上将同样适用于对本州宪法中类似权力的修改；因此，不可能宣判一个人无罪，而谴责另一个人。
A similar comparison would lead to the same conclusion in respect to the constitutions of most of the other States.
A similar comparison would lead to the same conclusion in respect to the constitutions of most of the other States.
If it should be said that defects in the State constitutions furnish no apology for those which are to be found in the plan proposed, I answer, that as the former have never been thought chargeable with inattention to the security of liberty, where the imputations thrown on the latter can be shown to be applicable to them also, the presumption is that they are rather the cavilling refinements of a predetermined opposition, than the well-founded inferences of a candid research after truth.
如果说州宪法中的缺陷并不能为拟议计划中的缺陷道歉，那么我的回答是，由于前者从来没有被认为是对自由保障不重视的罪魁祸首，而对后者的指责也可以证明也适用于它们，因此可以推测，它们更像是预先确定的反对派的挑剔改进，而不是对真相进行坦率研究的有理有据的推论。
To those who are disposed to consider, as innocent omissions in the State constitutions, what they regard as unpardonable blemishes in the plan of the convention, nothing can be said; or at most, they can only be asked to assign some substantial reason why the representatives of the people in a single State should be more impregnable to the lust of power, or other sinister motives, than the representatives of the people of the United States?
对于那些倾向于将大会计划中的不可原谅的缺陷视为州宪法中的无害遗漏的人来说，无话可说； or at most, they can only be asked to assign some substantial reason why the representatives of the people in a single State should be more impregnable to the lust of power, or other sinister motives, than the representatives of the people of the United States?
If they cannot do this, they ought at least to prove to us that it is easier to subvert the liberties of three millions of people, with the advantage of local governments to head their opposition, than of two hundred thousand people who are destitute of that advantage.
如果他们做不到这一点，他们至少应该向我们证明，利用地方政府领导反对派的优势，颠覆三百万人民的自由，比颠覆没有这种优势的二十万人的自由要容易得多。
And in relation to the point immediately under consideration, they ought to convince us that it is less probable that a predominant faction in a single State should, in order to maintain its superiority, incline to a preference of a particular class of electors, than that a similar spirit should take possession of the representatives of thirteen States, spread over a vast region, and in several respects distinguishable from each other by a diversity of local circumstances, prejudices, and interests.
And in relation to the point immediately under consideration, they ought to convince us that it is less probable that a predominant faction in a single State should, in order to maintain its superiority, incline to a preference of a particular class of electors, than that a similar spirit should take possession of the representatives of thirteen States, spread over a vast region, and in several respects distinguishable from each other by a diversity of local circumstances, prejudices, and interests.
Hitherto my observations have only aimed at a vindication of the provision in question, on the ground of theoretic propriety, on that of the danger of placing the power elsewhere, and on that of the safety of placing it in the manner proposed.
迄今为止，我的观察仅旨在以理论上的适当性、将权力置于别处的危险性以及以所提议的方式设置权力的安全性为基础，证明有关条款的合理性。
But there remains to be mentioned a positive advantage which will result from this disposition, and which could not as well have been obtained from any other: I allude to the circumstance of uniformity in the time of elections for the federal House of Representatives.
但仍然需要提及的是，这种安排将产生一个积极的优势，这是其他任何安排都无法获得的：我提到了联邦众议院选举时间的统一情况。
It is more than possible that this uniformity may be found by experience to be of great importance to the public welfare, both as a security against the perpetuation of the same spirit in the body, and as a cure for the diseases of faction.
根据经验，这种一致性很可能对公共福利非常重要，既可以作为防止同一精神在体内长期存在的保障，也可以作为治疗派系疾病的良药。
If each State may choose its own time of election, it is possible there may be at least as many different periods as there are months in the year.
If each State may choose its own time of election, it is possible there may be at least as many different periods as there are months in the year.
The times of election in the several States, as they are now established for local purposes, vary between extremes as wide as March and November.
一些州的选举时间现在是为地方目的而设立的，其差异很大，有三月到十一月。
The consequence of this diversity would be that there could never happen a total dissolution or renovation of the body at one time.
The consequence of this diversity would be that there could never happen a total dissolution or renovation of the body at one time.
If an improper spirit of any kind should happen to prevail in it, that spirit would be apt to infuse itself into the new members, as they come forward in succession.
如果其中有任何一种不正当的精神盛行，这种精神很容易在新成员相继出现时渗透到他们身上。
The mass would be likely to remain nearly the same, assimilating constantly to itself its gradual accretions.
质量很可能几乎保持不变，不断地吸收其逐渐增加的物质。
There is a contagion in example which few men have sufficient force of mind to resist.
There is a contagion in example which few men have sufficient force of mind to resist.
I am inclined to think that treble the duration in office, with the condition of a total dissolution of the body at the same time, might be less formidable to liberty than one third of that duration subject to gradual and successive alterations.
我倾向于认为，任期的三倍，同时以身体完全解散为条件，对于自由来说，可能不如逐步和连续改变的任期的三分之一那么令人畏惧。
Uniformity in the time of elections seems not less requisite for executing the idea of a regular rotation in the Senate, and for conveniently assembling the legislature at a stated period in each year.
选举时间的统一对于执行参议院定期轮换的想法以及方便地在每年规定的时间召集立法机关来说似乎同样是必要的。
It may be asked, Why, then, could not a time have been fixed in the Constitution?
It may be asked, Why, then, could not a time have been fixed in the Constitution?
As the most zealous adversaries of the plan of the convention in this State are, in general, not less zealous admirers of the constitution of the State, the question may be retorted, and it may be asked, Why was not a time for the like purpose fixed in the constitution of this State?
As the most zealous adversaries of the plan of the convention in this State are, in general, not less zealous admirers of the constitution of the State, the question may be retorted, and it may be asked, Why was not a time for the like purpose fixed in the constitution of this State?
No better answer can be given than that it was a matter which might safely be entrusted to legislative discretion; and that if a time had been appointed, it might, upon experiment, have been found less convenient than some other time.
No better answer can be given than that it was a matter which might safely be entrusted to legislative discretion;如果指定了一个时间，经过实验，可能会发现不如其他时间方便。
The same answer may be given to the question put on the other side.
The same answer may be given to the question put on the other side.
And it may be added that the supposed danger of a gradual change being merely speculative, it would have been hardly advisable upon that speculation to establish, as a fundamental point, what would deprive several States of the convenience of having the elections for their own governments and for the national government at the same epochs.
And it may be added that the supposed danger of a gradual change being merely speculative, it would have been hardly advisable upon that speculation to establish, as a fundamental point, what would deprive several States of the convenience of having the elections for their own governments and for the national government at the same epochs.
PUBLIUS
普布利乌斯
FEDERALIST No. 62
联邦党人文集 62 号
The Senate
参议院
For the Independent Journal.
对于独立杂志。
Wednesday, February 27, 1788
Wednesday, February 27, 1788
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
HAVING examined the constitution of the House of Representatives, and answered such of the objections against it as seemed to merit notice, I enter next on the examination of the Senate.
在审查了众议院的宪法并回答了似乎值得注意的反对意见之后，我接下来开始审查参议院。
The heads into which this member of the government may be considered are: I.
这位政府成员可能考虑的问题是： I.
The qualification of senators; II.
The qualification of senators;二.
The appointment of them by the State legislatures; III.
他们由州立法机关任命；三．
The equality of representation in the Senate; IV.
The equality of representation in the Senate;四．
The number of senators, and the term for which they are to be elected; V.
The number of senators, and the term for which they are to be elected;五、
The powers vested in the Senate.
The powers vested in the Senate.
I.
我。
The qualifications proposed for senators, as distinguished from those of representatives, consist in a more advanced age and a longer period of citizenship.
参议员的资格与众议员的资格不同，在于其年龄较大，公民身份期限较长。
A senator must be thirty years of age at least; as a representative must be twenty-five.
A senator must be thirty years of age at least; as a representative must be twenty-five.
And the former must have been a citizen nine years; as seven years are required for the latter.
And the former must have been a citizen nine years; as seven years are required for the latter.
The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education.
这些区别的适当性是由参议员信任的性质解释的，参议员信任需要更大范围的信息和稳定的性格，同时要求参议员应该达到最有可能提供这些优势的年龄；任何人如果没有彻底摆脱在国外出生和接受教育所带来的先入之见和习惯，就应该立即参与与外国的交易。
The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils.
九年任期似乎是一种审慎的平庸之举，既完全排除收养的公民，其优点和才能可能会赢得公众的信任，又不分青红皂白地仓促接纳他们，这可能为外国影响国家议会创造一个渠道。
II.
二.
It is equally unnecessary to dilate on the appointment of senators by the State legislatures.
同样没有必要对州立法机关对参议员的任命进行详细讨论。
Among the various modes which might have been devised for constituting this branch of the government, that which has been proposed by the convention is probably the most congenial with the public opinion.
在可能为组建这个政府部门而设计的各种模式中，大会提出的模式可能是最符合公众舆论的。
It is recommended by the double advantage of favoring a select appointment, and of giving to the State governments such an agency in the formation of the federal government as must secure the authority of the former, and may form a convenient link between the two systems.
之所以推荐这种做法，是因为它具有双重优势：一是支持选择性任命，二是在组建联邦政府时给予州政府这样一个机构，必须确保前者的权威，并可以在两个系统之间形成便利的联系。
III.
三．
The equality of representation in the Senate is another point, which, being evidently the result of compromise between the opposite pretensions of the large and the small States, does not call for much discussion.
The equality of representation in the Senate is another point, which, being evidently the result of compromise between the opposite pretensions of the large and the small States, does not call for much discussion.
If indeed it be right, that among a people thoroughly incorporated into one nation, every district ought to have a PROPORTIONAL share in the government, and that among independent and sovereign States, bound together by a simple league, the parties, however unequal in size, ought to have an EQUAL share in the common councils, it does not appear to be without some reason that in a compound republic, partaking both of the national and federal character, the government ought to be founded on a mixture of the principles of proportional and equal representation.
如果说，在完全融入一个国家的人民中，每个地区都应在政府中按比例分配份额，而在由一个简单的联盟结合在一起的独立和主权国家中，各党派，无论大小如何不平等，都应在共同议会中拥有平等的份额，那么在一个兼具民族和联邦性质的复合共和国中，政府应该建立在比例代表制和平等代表制原则的混合基础上，这似乎并非没有道理。
But it is superfluous to try, by the standard of theory, a part of the Constitution which is allowed on all hands to be the result, not of theory, but "of a spirit of amity, and that mutual deference and concession which the peculiarity of our political situation rendered indispensable." A common government, with powers equal to its objects, is called for by the voice, and still more loudly by the political situation, of America.
But it is superfluous to try, by the standard of theory, a part of the Constitution which is allowed on all hands to be the result, not of theory, but "of a spirit of amity, and that mutual deference and concession which the peculiarity of our political situation rendered indispensable."美国的呼声，尤其是美国的政治形势，要求建立一个具有与其目标同等权力的共同政府。
A government founded on principles more consonant to the wishes of the larger States, is not likely to be obtained from the smaller States.
小国不太可能建立一个基于更符合大国意愿的原则的政府。
The only option, then, for the former, lies between the proposed government and a government still more objectionable.
那么，对于前者来说，唯一的选择是在拟议的政府和更令人反对的政府之间。
Under this alternative, the advice of prudence must be to embrace the lesser evil; and, instead of indulging a fruitless anticipation of the possible mischiefs which may ensue, to contemplate rather the advantageous consequences which may qualify the sacrifice.
Under this alternative, the advice of prudence must be to embrace the lesser evil; and, instead of indulging a fruitless anticipation of the possible mischiefs which may ensue, to contemplate rather the advantageous consequences which may qualify the sacrifice.
In this spirit it may be remarked, that the equal vote allowed to each State is at once a constitutional recognition of the portion of sovereignty remaining in the individual States, and an instrument for preserving that residuary sovereignty.
本着这种精神，可以说，允许每个州平等投票既是宪法对各州剩余主权部分的承认，也是维护该剩余主权的工具。
So far the equality ought to be no less acceptable to the large than to the small States; since they are not less solicitous to guard, by every possible expedient, against an improper consolidation of the States into one simple republic.
到目前为止，大国对平等的接受程度应该不亚于小国； since they are not less solicitous to guard, by every possible expedient, against an improper consolidation of the States into one simple republic.
Another advantage accruing from this ingredient in the constitution of the Senate is, the additional impediment it must prove against improper acts of legislation.
参议院宪法中这一成分所带来的另一个好处是，它必须证明对不当立法行为具有额外的障碍。
No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then, of a majority of the States.
现在，如果没有大多数人民的同意，然后没有大多数州的同意，任何法律或决议都不能通过。
It must be acknowledged that this complicated check on legislation may in some instances be injurious as well as beneficial; and that the peculiar defense which it involves in favor of the smaller States, would be more rational, if any interests common to them, and distinct from those of the other States, would otherwise be exposed to peculiar danger.
必须承认，这种对立法的复杂检查在某些情况下可能是有害的，也可能是有益的。如果小国有共同利益且有别于其他国家的共同利益，否则就会面临特殊危险，因此它所涉及的有利于小国的特殊防御将更为合理。
But as the larger States will always be able, by their power over the supplies, to defeat unreasonable exertions of this prerogative of the lesser States, and as the faculty and excess of law-making seem to be the diseases to which our governments are most liable, it is not impossible that this part of the Constitution may be more convenient in practice than it appears to many in contemplation.
但是，由于较大的州总是能够凭借其对供应的权力，挫败较小州对这一特权的不合理行使，而且由于立法的能力和过度制定似乎是我们的政府最容易患上的疾病，所以宪法的这一部分在实践中可能比许多人想象的更方便，这并非不可能。
IV.
四．
The number of senators, and the duration of their appointment, come next to be considered.
接下来要考虑的是参议员的人数及其任命期限。
In order to form an accurate judgment on both of these points, it will be proper to inquire into the purposes which are to be answered by a senate; and in order to ascertain these, it will be necessary to review the inconveniences which a republic must suffer from the want of such an institution.
为了对这两点做出准确的判断，应该探究参议院要回答的目的；为了确定这些，有必要审查一个共和国由于缺乏这样一个机构而必然遭受的不便。
First.
第一的。
It is a misfortune incident to republican government, though in a less degree than to other governments, that those who administer it may forget their obligations to their constituents, and prove unfaithful to their important trust.
对于共和政府来说，这是一个不幸的事件，尽管其程度比其他政府要轻，但执政者可能会忘记对选民的义务，并且不忠于他们的重要信任。
In this point of view, a senate, as a second branch of the legislative assembly, distinct from, and dividing the power with, a first, must be in all cases a salutary check on the government.
从这个角度来看，参议院作为立法议会的第二个分支，与第一分支不同，并与第一分支划分权力，在任何情况下都必须对政府进行有益的制衡。
It doubles the security to the people, by requiring the concurrence of two distinct bodies in schemes of usurpation or perfidy, where the ambition or corruption of one would otherwise be sufficient.
它要求两个不同机构同意实施篡夺或背信弃义的计划，从而使人民的安全加倍，否则一个机构的野心或腐败就足够了。
This is a precaution founded on such clear principles, and now so well understood in the United States, that it would be more than superfluous to enlarge on it.
这是一项建立在如此明确原则基础上的预防措施，现在在美国已得到很好的理解，因此没有必要对其进行扩展。
I will barely remark, that as the improbability of sinister combinations will be in proportion to the dissimilarity in the genius of the two bodies, it must be politic to distinguish them from each other by every circumstance which will consist with a due harmony in all proper measures, and with the genuine principles of republican government.
我几乎不会说，由于险恶结合的可能性与两个机构的天赋差异成正比，因此必须在政治上通过一切情况将它们彼此区分开来，这将与所有适当措施的适当和谐相一致，并符合共和政府的真正原则。
Second.
第二。
The necessity of a senate is not less indicated by the propensity of all single and numerous assemblies to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions.
元老院的必要性同样体现在所有单独和众多的议会都倾向于屈服于突然而猛烈的激情冲动，并被派别领导人所诱惑而做出不节制和有害的决议。
Examples on this subject might be cited without number; and from proceedings within the United States, as well as from the history of other nations.
关于这个主题的例子可以无数地引用；以及美国国内的诉讼程序以及其他国家的历史。
But a position that will not be contradicted, need not be proved.
但一个不会被矛盾的立场，不需要被证明。
All that need be remarked is, that a body which is to correct this infirmity ought itself to be free from it, and consequently ought to be less numerous.
需要指出的是，一个要纠正这种缺陷的机构本身应该摆脱这种缺陷，因此其人数也应该较少。
It ought, moreover, to possess great firmness, and consequently ought to hold its authority by a tenure of considerable duration.
此外，它应该具有极大的坚定性，因此应该在相当长的时间内保持其权威。
Third.
第三。
Another defect to be supplied by a senate lies in a want of due acquaintance with the objects and principles of legislation.
参议院的另一个缺陷在于缺乏对立法目标和原则的适当了解。
It is not possible that an assembly of men called for the most part from pursuits of a private nature, continued in appointment for a short time, and led by no permanent motive to devote the intervals of public occupation to a study of the laws, the affairs, and the comprehensive interests of their country, should, if left wholly to themselves, escape a variety of important errors in the exercise of their legislative trust.
一个大部分出于私人性质的追求而召集的议会，在短期内继续任命，并且没有永久的动机领导他们在公共事务的间隙致力于研究法律、事务和国家的整体利益，如果完全由他们自己决定，那么在行使立法信任时，不可能避免各种重大错误。
It may be affirmed, on the best grounds, that no small share of the present embarrassments of America is to be charged on the blunders of our governments; and that these have proceeded from the heads rather than the hearts of most of the authors of them.
可以肯定的是，有充分的理由，美国目前的尴尬局面有很大一部分应归咎于我们政府的失误；而且这些都是大多数作者的头脑而不是内心的想法。
What indeed are all the repealing, explaining, and amending laws, which fill and disgrace our voluminous codes, but so many monuments of deficient wisdom; so many impeachments exhibited by each succeeding against each preceding session; so many admonitions to the people, of the value of those aids which may be expected from a well-constituted senate?
那些废除、解释和修改的法律确实是什么呢？这些法律填充并羞辱了我们浩如烟海的法典，但这么多的纪念碑却缺乏智慧；每一届会议都对前一届会议提出了如此多的弹劾；向人民发出如此多的告诫，说明一个组织良好的参议院可以提供的援助的价值吗？
A good government implies two things: first, fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that object can be best attained.
一个好的政府意味着两点：一是忠于政府的目标，即人民的幸福；二是忠于政府的目标，即人民的幸福；其次，了解实现该目标的最佳方式。
Some governments are deficient in both these qualities; most governments are deficient in the first.
有些政府缺乏这两种品质；有些政府则缺乏这些品质。大多数政府在第一个方面存在缺陷。
I scruple not to assert, that in American governments too little attention has been paid to the last.
我毫不犹豫地断言，美国政府对最后一个问题的关注太少了。
The federal Constitution avoids this error; and what merits particular notice, it provides for the last in a mode which increases the security for the first.
联邦宪法避免了这个错误；值得特别注意的是，它为最后一个提供了一种增加第一个安全性的模式。
Fourth.
第四。
The mutability in the public councils arising from a rapid succession of new members, however qualified they may be, points out, in the strongest manner, the necessity of some stable institution in the government.
由于新成员的迅速更替而产生的公共委员会的易变性，无论他们的资格如何，都以最强烈的方式指出了政府中建立某种稳定机构的必要性。
Every new election in the States is found to change one half of the representatives.
各州每次新选举都会更换一半的代表。
From this change of men must proceed a change of opinions; and from a change of opinions, a change of measures.
人的这种改变必然导致观念的改变。意见的改变，措施的改变。
But a continual change even of good measures is inconsistent with every rule of prudence and every prospect of success.
但即使是好的措施的持续变化也不符合每一项谨慎的规则和每一个成功的前景。
The remark is verified in private life, and becomes more just, as well as more important, in national transactions.
这句话在私人生活中得到了验证，在国家事务中变得更加公正、更加重要。
To trace the mischievous effects of a mutable government would fill a volume.
要追踪一个反复无常的政府所造成的恶作剧影响，需要写一本书。
I will hint a few only, each of which will be perceived to be a source of innumerable others.
我只会暗示一些，其中每一个都将被视为无数其他的来源。
In the first place, it forfeits the respect and confidence of other nations, and all the advantages connected with national character.
首先，它丧失了其他国家的尊重和信任，丧失了与民族性格相关的一切优势。
An individual who is observed to be inconstant to his plans, or perhaps to carry on his affairs without any plan at all, is marked at once, by all prudent people, as a speedy victim to his own unsteadiness and folly.
如果一个人被发现对自己的计划反复无常，或者可能根本没有任何计划地处理自己的事务，那么所有谨慎的人都会立即将其标记为他自己的不稳定和愚蠢的快速受害者。
His more friendly neighbors may pity him, but all will decline to connect their fortunes with his; and not a few will seize the opportunity of making their fortunes out of his.
他的更友好的邻居可能会同情他，但所有人都会拒绝将他们的命运与他联系起来；不少人会抓住机会从他身上发家致富。
One nation is to another what one individual is to another; with this melancholy distinction perhaps, that the former, with fewer of the benevolent emotions than the latter, are under fewer restraints also from taking undue advantage from the indiscretions of each other.
一个国家之于另一个国家，就像一个人之于另一个人一样；也许正是由于这种令人忧伤的区别，前者比后者具有更少的仁慈情感，因此也更少从彼此的轻率行为中获得不正当的利益。
Every nation, consequently, whose affairs betray a want of wisdom and stability, may calculate on every loss which can be sustained from the more systematic policy of their wiser neighbors.
因此，每一个其事务缺乏智慧和稳定的国家都可能会计算出其明智邻国的更系统政策可能带来的每一个损失。
But the best instruction on this subject is unhappily conveyed to America by the example of her own situation.
但不幸的是，美国自己的处境给美国带来了关于这个问题的最佳指导。
She finds that she is held in no respect by her friends; that she is the derision of her enemies; and that she is a prey to every nation which has an interest in speculating on her fluctuating councils and embarrassed affairs.
她发现她的朋友不尊重她；她是敌人的嘲笑对象；她是所有有兴趣猜测她反复无常的议会和尴尬事务的国家的猎物。
The internal effects of a mutable policy are still more calamitous.
政策多变的内部影响更为灾难性。
It poisons the blessing of liberty itself.
它毒害了自由本身的福祉。
It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow.
如果法律是由他们自己选择的人制定的，如果法律冗长到无法阅读，或者语无伦次到无法理解，那么对于人民来说，这也是没有什么用处的。如果它们在颁布之前被废除或修改，或者经历如此不断的变化，以至于没有人知道今天的法律是什么，也无法猜测明天的法律。
Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?
法律被定义为行动规则；但这怎么能成为一条鲜为人知且不太固定的规则呢？
Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising, and the moneyed few over the industrious and uninformed mass of the people.
公共不稳定的另一个影响是，相对于勤劳且无知的大众，有智慧、有进取心和有钱的少数人获得了不合理的优势。
Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens.
每一项有关商业或收入的新法规，或以任何方式影响不同种类财产的价值的法规，都会为观察变化并追踪其后果的人带来新的收获；丰收不是由他们自己收获的，而是由广大同胞的辛劳和关怀收获的。
This is a state of things in which it may be said with some truth that laws are made for the FEW, not for the MANY.
在这种情况下，可以说法律是为少数人制定的，而不是为多数人制定的。
In another point of view, great injury results from an unstable government.
从另一个角度来看，政府不稳定会造成巨大伤害。
The want of confidence in the public councils damps every useful undertaking, the success and profit of which may depend on a continuance of existing arrangements.
对公共委员会缺乏信心会阻碍每一项有用的事业，而这些事业的成功和利润可能取决于现有安排的延续。
What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed?
当一个精明的商人不知道自己的计划在执行之前可能会被认定为非法时，哪个精明的商人会在任何新的商业部门中冒险冒险呢？
What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government?
当农民或制造商无法保证他的准备工作和进步不会使他成为不稳定政府的受害者时，哪个农民或制造商会全力以赴鼓励任何特定的种植或建立？
In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy.
总之，任何伟大的进步或值得称道的事业都无法取得进展，都需要稳定的国家政策体系的支持。
But the most deplorable effect of all is that diminution of attachment and reverence which steals into the hearts of the people, towards a political system which betrays so many marks of infirmity, and disappoints so many of their flattering hopes.
但最可悲的影响是人们对暴露出如此多软弱迹象、使他们许多美好希望落空的政治制度的依恋和尊敬逐渐减弱。
No government, any more than an individual, will long be respected without being truly respectable; nor be truly respectable, without possessing a certain portion of order and stability.
没有真正受人尊敬的政府，就像个人一样，不会长期受到尊重。如果不具备一定的秩序和稳定性，就不可能真正受人尊敬。
PUBLIUS
普布利乌斯
FEDERALIST No. 63
联邦党人文集 63 号
The Senate Continued
参议院继续
For the Independent Journal.
对于独立杂志。
Saturday, March 1, 1788
1788 年 3 月 1 日，星期六
MADISON
麦迪逊
To the People of the State of New York:
致纽约州人民：
A FIFTH desideratum, illustrating the utility of a senate, is the want of a due sense of national character.
第五个迫切需要说明参议院的效用，那就是缺乏应有的民族性格意识。
Without a select and stable member of the government, the esteem of foreign powers will not only be forfeited by an unenlightened and variable policy, proceeding from the causes already mentioned, but the national councils will not possess that sensibility to the opinion of the world, which is perhaps not less necessary in order to merit, than it is to obtain, its respect and confidence.
如果没有经过挑选的、稳定的政府成员，外国列强的尊重不仅会因上述原因而因不开明和多变的政策而丧失，而且各国议会也不会对世界舆论具有敏感度，而这种敏感度对于赢得尊重和信任来说也许并不亚于获得它的必要性。
An attention to the judgment of other nations is important to every government for two reasons: the one is, that, independently of the merits of any particular plan or measure, it is desirable, on various accounts, that it should appear to other nations as the offspring of a wise and honorable policy; the second is, that in doubtful cases, particularly where the national councils may be warped by some strong passion or momentary interest, the presumed or known opinion of the impartial world may be the best guide that can be followed.
关注其他国家的判断对每个政府都很重要，原因有二：其一，无论任何特定计划或措施的优点如何，从各种角度来看，它应该在其他国家看来是明智和光荣的政策的产物；第二，在有疑问的情况下，特别是在国家委员会可能因某种强烈的激情或一时的利益而扭曲的情况下，公正世界的推定或已知的意见可能是可以遵循的最佳指南。
What has not America lost by her want of character with foreign nations; and how many errors and follies would she not have avoided, if the justice and propriety of her measures had, in every instance, been previously tried by the light in which they would probably appear to the unbiased part of mankind?
美国因缺乏与外国交往的品格而失去了什么？如果她的措施在每一个例子中都经过了公正和适当的检验，那么她将无法避免多少错误和愚蠢呢？
Yet however requisite a sense of national character may be, it is evident that it can never be sufficiently possessed by a numerous and changeable body.
然而，无论民族性意识多么必要，显然，数量众多且多变的群体永远无法充分具备民族性意识。
It can only be found in a number so small that a sensible degree of the praise and blame of public measures may be the portion of each individual; or in an assembly so durably invested with public trust, that the pride and consequence of its members may be sensibly incorporated with the reputation and prosperity of the community.
这样做的人数非常少，以至于每个人都可能对公共措施进行合理程度的赞扬和批评。或者在一个长期受到公众信任的议会中，其成员的自豪感和影响力可以明智地与社区的声誉和繁荣结合起来。
The half-yearly representatives of Rhode Island would probably have been little affected in their deliberations on the iniquitous measures of that State, by arguments drawn from the light in which such measures would be viewed by foreign nations, or even by the sister States; whilst it can scarcely be doubted that if the concurrence of a select and stable body had been necessary, a regard to national character alone would have prevented the calamities under which that misguided people is now laboring.
罗德岛州的半年度代表在审议该州的不公正措施时，可能不会受到从外国甚至姐妹州看待此类措施的角度提出的论点的影响；毫无疑问，如果需要一个经过挑选的稳定机构的同意，那么仅考虑民族特性就可以避免那些被误导的人民现在正在遭受的灾难。
I add, as a SIXTH defect the want, in some important cases, of a due responsibility in the government to the people, arising from that frequency of elections which in other cases produces this responsibility.
我补充说，作为第六个缺陷，在某些重要情况下，政府需要对人民承担应有的责任，而这种责任是由于频繁的选举而产生的，而在其他情况下，这种责任又产生了这种责任。
This remark will, perhaps, appear not only new, but paradoxical.
也许，这一言论不仅显得新颖，而且显得自相矛盾。
It must nevertheless be acknowledged, when explained, to be as undeniable as it is important.
然而，在解释时，必须承认它是不可否认的，也是重要的。
Responsibility, in order to be reasonable, must be limited to objects within the power of the responsible party, and in order to be effectual, must relate to operations of that power, of which a ready and proper judgment can be formed by the constituents.
为了合理，责任必须限于责任方权力范围内的对象，为了有效，责任必须与该权力的运作有关，选民可以对此做出充分而适当的判断。
The objects of government may be divided into two general classes: the one depending on measures which have singly an immediate and sensible operation; the other depending on a succession of well-chosen and well-connected measures, which have a gradual and perhaps unobserved operation.
政府的目标可以分为两大类：一类依赖于单独具有直接和明智运作的措施；另一类依赖于具有直接和明智操作的措施；另一种则依赖于一系列精心选择、相互关联的措施，这些措施是渐进的、或许是不被观察到的。
The importance of the latter description to the collective and permanent welfare of every country, needs no explanation.
后一种描述对于每个国家的集体和永久福利的重要性无需解释。
And yet it is evident that an assembly elected for so short a term as to be unable to provide more than one or two links in a chain of measures, on which the general welfare may essentially depend, ought not to be answerable for the final result, any more than a steward or tenant, engaged for one year, could be justly made to answer for places or improvements which could not be accomplished in less than half a dozen years.
然而，很明显，选举产生的议会任期如此之短，以至于无法在一系列措施中提供超过一两个环节，而公众福利可能在本质上依赖于这些措施，因此不应该对最终结果负责，就像一个管家或佃户，受雇一年，可以公正地对在不到六年内无法完成的地方或改进负责。
Nor is it possible for the people to estimate the SHARE of influence which their annual assemblies may respectively have on events resulting from the mixed transactions of several years.
人们也不可能估计他们的年度集会分别对几年来的混合交易所产生的事件产生的影响力。
It is sufficiently difficult to preserve a personal responsibility in the members of a NUMEROUS body, for such acts of the body as have an immediate, detached, and palpable operation on its constituents.
要在众多机构的成员中保留个人责任是非常困难的，因为该机构的行为对其选民具有直接的、独立的和明显的作用。
The proper remedy for this defect must be an additional body in the legislative department, which, having sufficient permanency to provide for such objects as require a continued attention, and a train of measures, may be justly and effectually answerable for the attainment of those objects.
对这一缺陷的适当补救措施必须是在立法部门中增设一个机构，该机构具有足够的永久性来实现需要持续关注的目标，并采取一系列措施，可以公正有效地对实现这些目标负责。
Thus far I have considered the circumstances which point out the necessity of a well-constructed Senate only as they relate to the representatives of the people.
到目前为止，我所考虑的情况表明了一个结构良好的参议院的必要性，只是因为它们与人民的代表有关。
To a people as little blinded by prejudice or corrupted by flattery as those whom I address, I shall not scruple to add, that such an institution may be sometimes necessary as a defense to the people against their own temporary errors and delusions.
对于像我所讲话的那些人一样，很少被偏见蒙蔽或被阿谀奉承所腐蚀的人民，我将毫不犹豫地补充说，这样一个机构有时可能是必要的，以保护人民免受他们自己暂时的错误和妄想的侵害。
As the cool and deliberate sense of the community ought, in all governments, and actually will, in all free governments, ultimately prevail over the views of its rulers; so there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn.
在所有政府中，而且实际上在所有自由政府中，社会的冷静和深思熟虑的意识最终应该压倒其统治者的观点；因此，在公共事务中的某些特殊时刻，人民可能会受到某种不正常的激情、某种不正当利益的刺激，或者被感兴趣的人巧妙的歪曲事实所误导，要求采取一些措施，而他们自己随后也最容易哀叹和谴责这些措施。
In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career, and to suspend the blow meditated by the people against themselves, until reason, justice, and truth can regain their authority over the public mind?
在这些关键时刻，一些温和而受人尊敬的公民团体的干预会有多有益，以制止这种被误导的事业，并暂停人民对自己的打击，直到理性、正义和真理重新获得对公众思想的权威？
What bitter anguish would not the people of Athens have often escaped if their government had contained so provident a safeguard against the tyranny of their own passions?
如果雅典人民的政府能够采取如此周到的措施来防止雅典人民自己的激情的暴政，那么他们通常会避免什么痛苦呢？
Popular liberty might then have escaped the indelible reproach of decreeing to the same citizens the hemlock on one day and statues on the next.
这样一来，民众自由或许就可以逃脱对同样的公民今天施以铁杉，第二天施以雕像的法令所带来的不可磨灭的谴责。
It may be suggested, that a people spread over an extensive region cannot, like the crowded inhabitants of a small district, be subject to the infection of violent passions, or to the danger of combining in pursuit of unjust measures.
也许有人会说，分布在广大地区的人民不会像小地区拥挤的居民那样受到暴力激情的感染，也不会面临联合起来采取不公正措施的危险。
I am far from denying that this is a distinction of peculiar importance.
我绝不否认这是一个特别重要的区别。
I have, on the contrary, endeavored in a former paper to show, that it is one of the principal recommendations of a confederated republic.
相反，我在前一篇论文中努力表明，这是一个联邦共和国的主要建议之一。
At the same time, this advantage ought not to be considered as superseding the use of auxiliary precautions.
同时，这一优点不应被视为取代辅助预防措施的使用。
It may even be remarked, that the same extended situation, which will exempt the people of America from some of the dangers incident to lesser republics, will expose them to the inconveniency of remaining for a longer time under the influence of those misrepresentations which the combined industry of interested men may succeed in distributing among them.
甚至可以说，同样的长期局势将使美国人民免于遭受小共和国所遭遇的一些危险，但也会使他们在较长时间内受到那些有兴趣的人联合起来可能成功地在他们中间传播的虚假陈述的影响，从而带来不便。
It adds no small weight to all these considerations, to recollect that history informs us of no long-lived republic which had not a senate.
历史告诉我们，没有哪个长寿的共和国是没有参议院的，这给所有这些考虑增添了不小的分量。
Sparta, Rome, and Carthage are, in fact, the only states to whom that character can be applied.
事实上，斯巴达、罗马和迦太基是唯一可以应用这一特征的国家。
In each of the two first there was a senate for life.
前两个国家均设有终身元老院。
The constitution of the senate in the last is less known.
参议院的最后组成却鲜为人知。
Circumstantial evidence makes it probable that it was not different in this particular from the two others.
间接证据表明，在这一点上，它可能与其他两点没有什么不同。
It is at least certain, that it had some quality or other which rendered it an anchor against popular fluctuations; and that a smaller council, drawn out of the senate, was appointed not only for life, but filled up vacancies itself.
至少可以肯定的是，它具有某种品质，使其成为抵御流行波动的锚。从参议院中选出的一个较小的委员会不仅是终身任命的，而且本身也可以填补空缺。
These examples, though as unfit for the imitation, as they are repugnant to the genius, of America, are, notwithstanding, when compared with the fugitive and turbulent existence of other ancient republics, very instructive proofs of the necessity of some institution that will blend stability with liberty.
这些例子虽然不适合模仿，因为它们与美国的天才相抵触，但与其他古代共和国的逃亡和动荡的存在相比，它们非常有启发性地证明了某种将稳定与自由融为一体的制度的必要性。
I am not unaware of the circumstances which distinguish the American from other popular governments, as well ancient as modern; and which render extreme circumspection necessary, in reasoning from the one case to the other.
我并非不知道美国与其他人民政府（无论是古代还是现代）的不同之处。在从一种情况推理到另一种情况时，必须极其谨慎。
But after allowing due weight to this consideration, it may still be maintained, that there are many points of similitude which render these examples not unworthy of our attention.
但在充分考虑这一点之后，仍然可以认为，有许多相似点使得这些例子不值得我们注意。
Many of the defects, as we have seen, which can only be supplied by a senatorial institution, are common to a numerous assembly frequently elected by the people, and to the people themselves.
正如我们所看到的，许多缺陷只能由元老院机构来弥补，而这些缺陷对于经常由人民选举产生的众多议会以及人民本身来说是常见的。
There are others peculiar to the former, which require the control of such an institution.
还有一些前者特有的情况，需要这样一个机构的控制。
The people can never wilfully betray their own interests; but they may possibly be betrayed by the representatives of the people; and the danger will be evidently greater where the whole legislative trust is lodged in the hands of one body of men, than where the concurrence of separate and dissimilar bodies is required in every public act.
人民群众决不能随意出卖自己的利益，不能任意出卖自己的利益。但他们也有可能被人民代表出卖；如果将整个立法权交给一个团体，那么危险显然会比每项公共法案都需要单独和不同的团体一致同意的情况更大。
The difference most relied on, between the American and other republics, consists in the principle of representation; which is the pivot on which the former move, and which is supposed to have been unknown to the latter, or at least to the ancient part of them.
美国和其他共和国之间最重要的区别在于代表权原则。这是前者移动的枢轴，而后者应该不知道这一点，或者至少对于他们的古代部分来说。
The use which has been made of this difference, in reasonings contained in former papers, will have shown that I am disposed neither to deny its existence nor to undervalue its importance.
在以前的论文中所包含的推理中对这种差异的使用，将表明我既不倾向于否认它的存在，也不倾向于低估它的重要性。
I feel the less restraint, therefore, in observing, that the position concerning the ignorance of the ancient governments on the subject of representation, is by no means precisely true in the latitude commonly given to it.
因此，我认为，关于古代政府在代表权问题上无知的立场，在通常赋予它的范围内绝不是完全正确的。
Without entering into a disquisition which here would be misplaced, I will refer to a few known facts, in support of what I advance.
在此，我不想进行一场可能会被误用的专题讨论，而是将提及一些已知的事实，以支持我所提出的观点。
In the most pure democracies of Greece, many of the executive functions were performed, not by the people themselves, but by officers elected by the people, and REPRESENTING the people in their EXECUTIVE capacity.
在希腊最纯粹的民主国家，许多行政职能不是由人民自己履行，而是由人民选出的官员履行，并以行政身份代表人民。
Prior to the reform of Solon, Athens was governed by nine Archons, annually ELECTED BY THE PEOPLE AT LARGE.
在梭伦改革之前，雅典由九名执政官统治，每年由广大人民选举产生。
The degree of power delegated to them seems to be left in great obscurity.
授予他们的权力程度似乎非常模糊。
Subsequent to that period, we find an assembly, first of four, and afterwards of six hundred members, annually ELECTED BY THE PEOPLE; and PARTIALLY representing them in their LEGISLATIVE capacity, since they were not only associated with the people in the function of making laws, but had the exclusive right of originating legislative propositions to the people.
在那段时期之后，我们发现了一个大会，首先是四名成员，后来是六百名成员，每年由人民选举产生；并部分代表他们的立法能力，因为他们不仅在制定法律的职能上与人民联系在一起，而且拥有向人民提出立法提案的专有权利。
The senate of Carthage, also, whatever might be its power, or the duration of its appointment, appears to have been ELECTIVE by the suffrages of the people.
同样，迦太基元老院，无论其权力或任命期限如何，似乎都是由人民选举产生的。
Similar instances might be traced in most, if not all the popular governments of antiquity.
类似的例子在大多数（如果不是全部）古代民众政府中都可以找到。
Lastly, in Sparta we meet with the Ephori, and in Rome with the Tribunes; two bodies, small indeed in numbers, but annually ELECTED BY THE WHOLE BODY OF THE PEOPLE, and considered as the REPRESENTATIVES of the people, almost in their PLENIPOTENTIARY capacity.
最后，我们在斯巴达与 Ephori 会面，在罗马与保民官会面。这两个机构的数量确实很少，但每年都由全体人民选举产生，并几乎以全权代表的身份被视为人民的代表。
The Cosmi of Crete were also annually ELECTED BY THE PEOPLE, and have been considered by some authors as an institution analogous to those of Sparta and Rome, with this difference only, that in the election of that representative body the right of suffrage was communicated to a part only of the people.
克里特岛的科斯米也每年由人民选举产生，并被一些作者认为是类似于斯巴达和罗马的机构，唯一的区别是，在该代表机构的选举中，选举权仅授予了一部分人民。
From these facts, to which many others might be added, it is clear that the principle of representation was neither unknown to the ancients nor wholly overlooked in their political constitutions.
从这些事实（还可以添加许多其他事实）可以清楚地看出，代表制原则对于古人来说既不是未知的，也不是在他们的政治宪法中完全被忽视的。
The true distinction between these and the American governments, lies IN THE TOTAL EXCLUSION OF THE PEOPLE, IN THEIR COLLECTIVE CAPACITY, from any share in the LATTER, and not in the TOTAL EXCLUSION OF THE REPRESENTATIVES OF THE PEOPLE from the administration of the FORMER.
这些政府与美国政府之间的真正区别在于，人民以其集体能力完全排除在后者的任何份额之外，而不在于人民的代表完全排除在前者的管理之外。
The distinction, however, thus qualified, must be admitted to leave a most advantageous superiority in favor of the United States.
然而，必须承认，这种区别使得美国拥有最有利的优势。
But to insure to this advantage its full effect, we must be careful not to separate it from the other advantage, of an extensive territory.
但为了确保这一优势充分发挥作用，我们必须小心，不要将其与另一个优势（即广阔的领土）分开。
For it cannot be believed, that any form of representative government could have succeeded within the narrow limits occupied by the democracies of Greece.
因为令人难以置信的是，任何形式的代议制政府都能在希腊民主国家所占据的狭窄范围内取得成功。
In answer to all these arguments, suggested by reason, illustrated by examples, and enforced by our own experience, the jealous adversary of the Constitution will probably content himself with repeating, that a senate appointed not immediately by the people, and for the term of six years, must gradually acquire a dangerous pre-eminence in the government, and finally transform it into a tyrannical aristocracy.
为了回答所有这些由理性提出、由例子说明并由我们自己的经验强化的论点，宪法的嫉妒对手可能会满足于重复，即一个不是由人民立即任命的、任期六年的元老院必须逐渐在政府中获得危险的优势，并最终将其转变为专制的贵族政治。
To this general answer, the general reply ought to be sufficient, that liberty may be endangered by the abuses of liberty as well as by the abuses of power; that there are numerous instances of the former as well as of the latter; and that the former, rather than the latter, are apparently most to be apprehended by the United States.
对于这个一般性的回答，一般性的回答应该是足够的，即滥用自由和滥用权力都可能危及自由；前者和后者的例子都有很多；显然，前者而不是后者最容易受到美国的逮捕。
But a more particular reply may be given.
但可以给出更具体的答复。
Before such a revolution can be effected, the Senate, it is to be observed, must in the first place corrupt itself; must next corrupt the State legislatures; must then corrupt the House of Representatives; and must finally corrupt the people at large.
值得注意的是，在这样的革命发生之前，参议院首先必须腐败。接下来必须腐败州立法机构；然后必须腐败众议院；最终一定会腐蚀广大人民。
It is evident that the Senate must be first corrupted before it can attempt an establishment of tyranny.
显然，元老院必须首先腐败，然后才能尝试建立暴政。
Without corrupting the State legislatures, it cannot prosecute the attempt, because the periodical change of members would otherwise regenerate the whole body.
如果不腐蚀州立法机构，它就无法起诉这一企图，因为定期更换成员将使整个机构重新焕发活力。
Without exerting the means of corruption with equal success on the House of Representatives, the opposition of that coequal branch of the government would inevitably defeat the attempt; and without corrupting the people themselves, a succession of new representatives would speedily restore all things to their pristine order.
如果不能在众议院运用腐败手段取得同样的成功，政府同等部门的反对将不可避免地挫败这一企图。在不腐蚀人民本身的情况下，一系列新的代表将迅速使一切恢复到原始秩序。
Is there any man who can seriously persuade himself that the proposed Senate can, by any possible means within the compass of human address, arrive at the object of a lawless ambition, through all these obstructions?
有没有人能够认真地说服自己，拟议的参议院可以在人类演讲的范围内以任何可能的方式，通过所有这些障碍，达到无法无天的野心的目标？
If reason condemns the suspicion, the same sentence is pronounced by experience.
如果理性谴责这种怀疑，那么经验也会宣判同样的判决。
The constitution of Maryland furnishes the most apposite example.
马里兰州宪法提供了最恰当的例子。
The Senate of that State is elected, as the federal Senate will be, indirectly by the people, and for a term less by one year only than the federal Senate.
该州参议院与联邦参议院一样，由人民间接选举产生，任期仅比联邦参议院少一年。
It is distinguished, also, by the remarkable prerogative of filling up its own vacancies within the term of its appointment, and, at the same time, is not under the control of any such rotation as is provided for the federal Senate.
它的另一个特点是，它拥有在任命期限内填补自己的空缺的显着特权，同时不受联邦参议院规定的任何轮换的控制。
There are some other lesser distinctions, which would expose the former to colorable objections, that do not lie against the latter.
还有一些其他较小的区别，这些区别会使前者受到明显的反对，但并不反对后者。
If the federal Senate, therefore, really contained the danger which has been so loudly proclaimed, some symptoms at least of a like danger ought by this time to have been betrayed by the Senate of Maryland, but no such symptoms have appeared.
因此，如果联邦参议院确实遏制了如此大声宣布的危险，那么马里兰州参议院此时应该已经暴露了至少类似危险的一些症状，但目前还没有出现这样的症状。
On the contrary, the jealousies at first entertained by men of the same description with those who view with terror the correspondent part of the federal Constitution, have been gradually extinguished by the progress of the experiment; and the Maryland constitution is daily deriving, from the salutary operation of this part of it, a reputation in which it will probably not be rivalled by that of any State in the Union.
相反，那些同样对联邦宪法的相应部分怀有恐惧的人们最初所怀有的嫉妒，随着实验的进展而逐渐消失了。马里兰州宪法每天都从其这一部分的有益运作中获得声誉，其声誉可能是联邦任何州都无法匹敌的。
But if anything could silence the jealousies on this subject, it ought to be the British example.
但如果有什么可以平息人们对这个问题的嫉妒的话，那就应该是英国的例子。
The Senate there instead of being elected for a term of six years, and of being unconfined to particular families or fortunes, is an hereditary assembly of opulent nobles.
那里的参议院不是由选举产生，任期六年，也不受特定家族或财富的限制，而是由富裕贵族组成的世袭议会。
The House of Representatives, instead of being elected for two years, and by the whole body of the people, is elected for seven years, and, in very great proportion, by a very small proportion of the people.
众议院不是由全体人民选举产生，任期为两年，而是由极少数人民选举产生，任期为七年。
Here, unquestionably, ought to be seen in full display the aristocratic usurpations and tyranny which are at some future period to be exemplified in the United States.
毫无疑问，这里应该充分展示贵族的篡夺和暴政，这些在未来的某个时期将在美国得到体现。
Unfortunately, however, for the anti-federal argument, the British history informs us that this hereditary assembly has not been able to defend itself against the continual encroachments of the House of Representatives; and that it no sooner lost the support of the monarch, than it was actually crushed by the weight of the popular branch.
然而不幸的是，对于反联邦的论点，英国的历史告诉我们，这个世袭议会未能抵御众议院的不断侵犯；而且，它一失去君主的支持，实际上就被民众的支持所压垮了。
As far as antiquity can instruct us on this subject, its examples support the reasoning which we have employed.
就古代在这个问题上对我们的指导而言，它的例子支持了我们所采用的推理。
In Sparta, the Ephori, the annual representatives of the people, were found an overmatch for the senate for life, continually gained on its authority and finally drew all power into their own hands.
在斯巴达，人民的年度代表——元老院，被认为是元老院的终身对手，并不断获得元老院的权威，最终将所有权力掌握在自己手中。
The Tribunes of Rome, who were the representatives of the people, prevailed, it is well known, in almost every contest with the senate for life, and in the end gained the most complete triumph over it.
众所周知，作为人民代表的罗马保民官几乎在每一次与元老院的终身竞争中都取得了胜利，并最终取得了对元老院的最彻底的胜利。
The fact is the more remarkable, as unanimity was required in every act of the Tribunes, even after their number was augmented to ten.
事实更为引人注目，因为保民官的每项行动都需要一致同意，即使在保民官人数增加到十人之后也是如此。
It proves the irresistible force possessed by that branch of a free government, which has the people on its side.
它证明了一个拥有人民支持的自由政府部门所拥有的不可抗拒的力量。
To these examples might be added that of Carthage, whose senate, according to the testimony of Polybius, instead of drawing all power into its vortex, had, at the commencement of the second Punic War, lost almost the whole of its original portion.
除了这些例子之外，还可以加上迦太基的例子，根据波利比乌斯的证词，迦太基的元老院并没有将所有权力卷入漩涡，而是在第二次布匿战争开始时，几乎失去了全部原来的部分。
Besides the conclusive evidence resulting from this assemblage of facts, that the federal Senate will never be able to transform itself, by gradual usurpations, into an independent and aristocratic body, we are warranted in believing, that if such a revolution should ever happen from causes which the foresight of man cannot guard against, the House of Representatives, with the people on their side, will at all times be able to bring back the Constitution to its primitive form and principles.
除了由这些事实组合得出的确凿证据表明，联邦参议院永远无法通过逐渐篡夺而将自己转变为一个独立的贵族机构之外，我们有理由相信，如果这样的革命因人类的远见无法防范的原因而发生，那么众议院与人民站在他们一边，将始终能够将宪法恢复到其原始形式和原则。
Against the force of the immediate representatives of the people, nothing will be able to maintain even the constitutional authority of the Senate, but such a display of enlightened policy, and attachment to the public good, as will divide with that branch of the legislature the affections and support of the entire body of the people themselves.
在人民直接代表的力量面前，除了开明的政策和对公共利益的执着之外，没有什么能够维持甚至参议院的宪法权威，因为这将分裂整个人民本身对立法机关的感情和支持。
PUBLIUS
普布利乌斯
FEDERALIST No. 64
联邦党人文集 64 号
The Powers of the Senate
参议院的权力
From The Independent Journal.
来自独立杂志。
Wednesday, March 5, 1788.
1788 年 3 月 5 日，星期三。
JAY
杰伊
To the People of the State of New York:
致纽约州人民：
IT IS a just and not a new observation, that enemies to particular persons, and opponents to particular measures, seldom confine their censures to such things only in either as are worthy of blame.
这是一个公正的而非新的观察，特定个人的敌人和特定措施的反对者很少将他们的谴责仅限于那些值得指责的事情。
Unless on this principle, it is difficult to explain the motives of their conduct, who condemn the proposed Constitution in the aggregate, and treat with severity some of the most unexceptionable articles in it.
除非根据这一原则，否则很难解释他们的行为动机，他们总体上谴责拟议的宪法，并严厉对待其中一些最无可例外的条款。
The second section gives power to the President, "BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO MAKE TREATIES, PROVIDED TWO THIRDS OF THE SENATORS PRESENT CONCUR."
第二节赋予总统权力，“在参议院的建议和同意下，在三分之二的参议员同意的情况下制定条约”。
The power of making treaties is an important one, especially as it relates to war, peace, and commerce; and it should not be delegated but in such a mode, and with such precautions, as will afford the highest security that it will be exercised by men the best qualified for the purpose, and in the manner most conducive to the public good.
缔结条约的权力非常重要，尤其是当它涉及到战争、和平和商业时；它不应被授权，但应以这样的方式和预防措施进行授权，以提供最高的安全性，以便由最有资格实现这一目的的人以最有利于公共利益的方式行使权力。
The convention appears to have been attentive to both these points: they have directed the President to be chosen by select bodies of electors, to be deputed by the people for that express purpose; and they have committed the appointment of senators to the State legislatures.
大会似乎关注了这两点：他们指示总统由选定的选民团体选出，并由人民代表以实现这一明确目的；他们已承诺任命州立法机构参议员。
This mode has, in such cases, vastly the advantage of elections by the people in their collective capacity, where the activity of party zeal, taking the advantage of the supineness, the ignorance, and the hopes and fears of the unwary and interested, often places men in office by the votes of a small proportion of the electors.
在这种情况下，这种模式具有人民以集体身份进行选举的巨大优势，政党的热情活动，利用粗心和感兴趣的人的消极、无知、希望和恐惧，常常通过一小部分选民的选票让男人上台。
As the select assemblies for choosing the President, as well as the State legislatures who appoint the senators, will in general be composed of the most enlightened and respectable citizens, there is reason to presume that their attention and their votes will be directed to those men only who have become the most distinguished by their abilities and virtue, and in whom the people perceive just grounds for confidence.
由于选举总统的特选议会以及任命参议员的州立法机构一般将由最开明和最受尊敬的公民组成，因此有理由推测，他们的注意力和选票只会投给那些因能力和美德而变得最杰出的人，并且人民认为他们有正当理由信任的人。
The Constitution manifests very particular attention to this object.
宪法对这一目标表现出非常特别的关注。
By excluding men under thirty-five from the first office, and those under thirty from the second, it confines the electors to men of whom the people have had time to form a judgment, and with respect to whom they will not be liable to be deceived by those brilliant appearances of genius and patriotism, which, like transient meteors, sometimes mislead as well as dazzle.
通过将三十五岁以下的人排除在第一任职务之外，将三十岁以下的人排除在第二任职务之外，它将选举人限制在那些人民已经有时间对其做出判断的人上，并且在对待他们时，他们不会容易被天才和爱国主义的光辉外表所欺骗，这些外表就像瞬息即逝的流星一样，有时会产生误导，也会令人眼花缭乱。
If the observation be well founded, that wise kings will always be served by able ministers, it is fair to argue, that as an assembly of select electors possess, in a greater degree than kings, the means of extensive and accurate information relative to men and characters, so will their appointments bear at least equal marks of discretion and discernment.
如果明智的国王总是得到能干的大臣的服务这一观察是有根据的，那么可以公平地说，由于选举人组成的议会比国王在更大程度上拥有有关人和人物的广泛而准确的信息，因此他们的任命至少具有同等的谨慎性和洞察力。
The inference which naturally results from these considerations is this, that the President and senators so chosen will always be of the number of those who best understand our national interests, whether considered in relation to the several States or to foreign nations, who are best able to promote those interests, and whose reputation for integrity inspires and merits confidence.
从这些考虑中自然得出的推论是，如此选出的总统和参议员将始终是那些最了解我们国家利益的人，无论是考虑到与几个州还是与外国的关系，他们最有能力促进这些利益，他们的正直声誉激发并值得信任。
With such men the power of making treaties may be safely lodged.
有了这样的人，缔结条约的权力就可以安全地保留下来。
Although the absolute necessity of system, in the conduct of any business, is universally known and acknowledged, yet the high importance of it in national affairs has not yet become sufficiently impressed on the public mind.
尽管制度对于任何事务的开展都是绝对必要的，这是众所周知和公认的，但它在国家事务中的高度重要性尚未充分深入人心。
They who wish to commit the power under consideration to a popular assembly, composed of members constantly coming and going in quick succession, seem not to recollect that such a body must necessarily be inadequate to the attainment of those great objects, which require to be steadily contemplated in all their relations and circumstances, and which can only be approached and achieved by measures which not only talents, but also exact information, and often much time, are necessary to concert and to execute.
那些希望将所考虑的权力交给一个由不断来来去去的成员组成的人民议会的人，似乎没有记得这样一个机构必然不足以实现那些伟大的目标，这些目标需要在他们的所有关系和环境中不断地考虑，并且只能通过采取措施来实现和实现，这些措施不仅需要天赋，而且需要准确的信息，而且往往需要大量的时间来协调和执行。
It was wise, therefore, in the convention to provide, not only that the power of making treaties should be committed to able and honest men, but also that they should continue in place a sufficient time to become perfectly acquainted with our national concerns, and to form and introduce a system for the management of them.
因此，明智的做法是，在公约中规定，不仅缔约权应交给有能力和诚实的人，而且还应让他们有足够的时间充分了解我们国家的关切，并形成和引入管理这些条约的制度。
The duration prescribed is such as will give them an opportunity of greatly extending their political information, and of rendering their accumulating experience more and more beneficial to their country.
规定的期限将使他们有机会大大扩展他们的政治信息，并使他们积累的经验越来越有利于他们的国家。
Nor has the convention discovered less prudence in providing for the frequent elections of senators in such a way as to obviate the inconvenience of periodically transferring those great affairs entirely to new men; for by leaving a considerable residue of the old ones in place, uniformity and order, as well as a constant succession of official information will be preserved.
大会在规定参议员的频繁选举方面也没有发现不那么谨慎的做法，以避免定期将这些重大事务完全移交给新人所带来的不便。因为通过保留大量旧的残留物，统一性和秩序以及官方信息的持续连续性将得到保留。
There are a few who will not admit that the affairs of trade and navigation should be regulated by a system cautiously formed and steadily pursued; and that both our treaties and our laws should correspond with and be made to promote it.
有些人不承认贸易和航海事务应该由一个谨慎形成和稳步推行的制度来规范。我们的条约和法律都应与其相符并促进其发展。
It is of much consequence that this correspondence and conformity be carefully maintained; and they who assent to the truth of this position will see and confess that it is well provided for by making concurrence of the Senate necessary both to treaties and to laws.
仔细保持这种一致性和一致性是非常重要的。那些同意这一立场真实性的人将会看到并承认，通过参议院对条约和法律的同意是必要的，这是很好的规定。
It seldom happens in the negotiation of treaties, of whatever nature, but that perfect SECRECY and immediate DESPATCH are sometimes requisite.
无论性质如何，这种情况在条约谈判中很少发生，但有时需要完美的保密和立即派遣。
These are cases where the most useful intelligence may be obtained, if the persons possessing it can be relieved from apprehensions of discovery.
在这些情况下，如果拥有情报的人能够摆脱对发现的恐惧，就可以获得最有用的情报。
Those apprehensions will operate on those persons whether they are actuated by mercenary or friendly motives; and there doubtless are many of both descriptions, who would rely on the secrecy of the President, but who would not confide in that of the Senate, and still less in that of a large popular Assembly.
无论这些人是出于唯利是图的动机还是出于友好的动机，这些逮捕都会对他们产生作用；毫无疑问，这两种描述中都有很多人，他们会依赖总统的保密，但不会信任参议院的秘密，更不会信任大型民众议会的秘密。
The convention have done well, therefore, in so disposing of the power of making treaties, that although the President must, in forming them, act by the advice and consent of the Senate, yet he will be able to manage the business of intelligence in such a manner as prudence may suggest.
因此，制宪会议在处理缔结条约的权力方面做得很好，尽管总统在缔结条约时必须根据参议院的建议和同意行事，但他将能够以谨慎的方式管理情报工作。
They who have turned their attention to the affairs of men, must have perceived that there are tides in them; tides very irregular in their duration, strength, and direction, and seldom found to run twice exactly in the same manner or measure.
那些把注意力转向人类事务的人，一定已经察觉到其中存在着潮汐。潮汐的持续时间、强度和方向非常不规则，而且很少发现潮汐以相同的方式或大小完全相同地运行两次。
To discern and to profit by these tides in national affairs is the business of those who preside over them; and they who have had much experience on this head inform us, that there frequently are occasions when days, nay, even when hours, are precious.
辨别国家事务的潮流并从中获利是那些主持这些事务的人的职责。在这方面有丰富经验的人告诉我们，有时几天，不，甚至几个小时，都是宝贵的。
The loss of a battle, the death of a prince, the removal of a minister, or other circumstances intervening to change the present posture and aspect of affairs, may turn the most favorable tide into a course opposite to our wishes.
一场战斗的失败、王子的去世、大臣的罢黜，或者其他改变现状的情况，都可能使最有利的潮流变成与我们的愿望相反的方向。
As in the field, so in the cabinet, there are moments to be seized as they pass, and they who preside in either should be left in capacity to improve them.
正如在现场一样，在内阁中，也有需要抓住的时刻，而主持这两个会议的人都应该有能力改进这些时刻。
So often and so essentially have we heretofore suffered from the want of secrecy and despatch, that the Constitution would have been inexcusably defective, if no attention had been paid to those objects.
迄今为止，我们经常且本质上都遭受了缺乏保密和速递的痛苦，如果不注意这些目标，宪法就会存在不可原谅的缺陷。
Those matters which in negotiations usually require the most secrecy and the most despatch, are those preparatory and auxiliary measures which are not otherwise important in a national view, than as they tend to facilitate the attainment of the objects of the negotiation.
谈判中通常最需要保密和最迅速处理的事项是那些从国家角度来看并不重要但有助于实现谈判目标的准备和辅助措施。
For these, the President will find no difficulty to provide; and should any circumstance occur which requires the advice and consent of the Senate, he may at any time convene them.
对于这些，总统会毫不费力地提供；如果发生任何需要参议院建议和同意的情况，他可以随时召集会议。
Thus we see that the Constitution provides that our negotiations for treaties shall have every advantage which can be derived from talents, information, integrity, and deliberate investigations, on the one hand, and from secrecy and despatch on the other.
因此，我们看到，宪法规定，我们的条约谈判应享有一切优势，这些优势一方面来自人才、信息、诚信和深思熟虑的调查，另一方面来自保密和速递。
But to this plan, as to most others that have ever appeared, objections are contrived and urged.
但对于这个计划，正如大多数其他已经出现的计划一样，有人精心策划并敦促反对。
Some are displeased with it, not on account of any errors or defects in it, but because, as the treaties, when made, are to have the force of laws, they should be made only by men invested with legislative authority.
有些人对此感到不满，并不是因为其中有任何错误或缺陷，而是因为条约一旦制定就具有法律效力，因此只能由具有立法权的人制定。
These gentlemen seem not to consider that the judgments of our courts, and the commissions constitutionally given by our governor, are as valid and as binding on all persons whom they concern, as the laws passed by our legislature.
这些先生们似乎并不认为，我们法院的判决以及我们州长根据宪法授予的委员会，与我们的立法机关通过的法律一样有效，并且对他们所关心的所有人具有约束力。
All constitutional acts of power, whether in the executive or in the judicial department, have as much legal validity and obligation as if they proceeded from the legislature; and therefore, whatever name be given to the power of making treaties, or however obligatory they may be when made, certain it is, that the people may, with much propriety, commit the power to a distinct body from the legislature, the executive, or the judicial.
所有宪法权力行为，无论是行政部门还是司法部门，都具有与立法机关一样的法律效力和义务；因此，无论制定条约的权力被赋予什么名称，也无论条约制定时的义务如何，可以肯定的是，人民可以适当地将权力委托给与立法机关、行政机关或司法机关不同的机构。
It surely does not follow, that because they have given the power of making laws to the legislature, that therefore they should likewise give them the power to do every other act of sovereignty by which the citizens are to be bound and affected.
当然，这并不意味着，因为他们把制定法律的权力交给了立法机关，所以他们就应该同样赋予立法机关采取其他所有公民受到约束和影响的主权行为的权力。
Others, though content that treaties should be made in the mode proposed, are averse to their being the SUPREME laws of the land.
其他人虽然认为条约应按照提议的模式制定，但反对将其作为该国的最高法律。
They insist, and profess to believe, that treaties like acts of assembly, should be repealable at pleasure.
他们坚持并声称相信，像集会法案这样的条约应该可以随意废除。
This idea seems to be new and peculiar to this country, but new errors, as well as new truths, often appear.
这种想法对这个国家来说似乎是新的和特有的，但新的错误和新的真理经常出现。
These gentlemen would do well to reflect that a treaty is only another name for a bargain, and that it would be impossible to find a nation who would make any bargain with us, which should be binding on them ABSOLUTELY, but on us only so long and so far as we may think proper to be bound by it.
这些先生们最好反思一下，条约只是讨价还价的另一个名称，而且不可能找到一个愿意与我们进行任何讨价还价的国家，这些讨价还价应该对他们有绝对的约束力，但对我们的约束力仅限于我们认为适当的时间和范围内。
They who make laws may, without doubt, amend or repeal them; and it will not be disputed that they who make treaties may alter or cancel them; but still let us not forget that treaties are made, not by only one of the contracting parties, but by both; and consequently, that as the consent of both was essential to their formation at first, so must it ever afterwards be to alter or cancel them.
毫无疑问，制定法律的人可以修改或废除法律；毫无疑问，缔约者可以更改或取消条约；但我们仍然不要忘记，条约不仅是由缔约方之一签订的，而且是由双方签订的；因此，正如双方的同意对于它们的形成至关重要，因此之后也必须改变或取消它们。
The proposed Constitution, therefore, has not in the least extended the obligation of treaties.
因此，拟议的宪法丝毫没有扩大条约的义务。
They are just as binding, and just as far beyond the lawful reach of legislative acts now, as they will be at any future period, or under any form of government.
它们同样具有约束力，并且远远超出了立法行为的合法范围，就像它们在未来任何时期或在任何形式的政府下一样。
However useful jealousy may be in republics, yet when like bile in the natural, it abounds too much in the body politic, the eyes of both become very liable to be deceived by the delusive appearances which that malady casts on surrounding objects.
无论嫉妒在共和国中多么有用，但当它像自然界中的胆汁一样，在政治体中过多时，双方的眼睛就很容易被这种疾病投射到周围物体上的虚幻表象所欺骗。
From this cause, probably, proceed the fears and apprehensions of some, that the President and Senate may make treaties without an equal eye to the interests of all the States.
出于这个原因，一些人可能会担心总统和参议院可能会在不平等地考虑所有州利益的情况下签订条约。
Others suspect that two thirds will oppress the remaining third, and ask whether those gentlemen are made sufficiently responsible for their conduct; whether, if they act corruptly, they can be punished; and if they make disadvantageous treaties, how are we to get rid of those treaties?
其他人则怀疑三分之二的人会压迫剩下的三分之一，并询问这些先生们是否对自己的行为负有足够的责任；如果他们有腐败行为，是否会受到惩罚；如果他们签订了不利的条约，我们如何废除这些条约？
As all the States are equally represented in the Senate, and by men the most able and the most willing to promote the interests of their constituents, they will all have an equal degree of influence in that body, especially while they continue to be careful in appointing proper persons, and to insist on their punctual attendance.
由于所有州在参议院都有平等的代表权，并且由最有能力和最愿意促进其选民利益的人组成，因此他们在该机构中都将拥有同等程度的影响力，特别是在他们继续谨慎任命合适的人选并坚持准时出席的情况下。
In proportion as the United States assume a national form and a national character, so will the good of the whole be more and more an object of attention, and the government must be a weak one indeed, if it should forget that the good of the whole can only be promoted by advancing the good of each of the parts or members which compose the whole.
随着美国呈现出一种民族形式和民族特征，整体的利益将越来越成为人们关注的对象，如果政府忘记了只有通过促进组成整体的每个部分或成员的利益才能促进整体的利益，那么它确实是一个软弱的政府。
It will not be in the power of the President and Senate to make any treaties by which they and their families and estates will not be equally bound and affected with the rest of the community; and, having no private interests distinct from that of the nation, they will be under no temptations to neglect the latter.
总统和参议院无权制定任何条约，使他们及其家人和财产不受社会其他成员的同等约束和影响；而且，由于没有与国家利益不同的私人利益，他们不会受到诱惑而忽视国家利益。
As to corruption, the case is not supposable.
至于腐败，这种情况是不可能的。
He must either have been very unfortunate in his intercourse with the world, or possess a heart very susceptible of such impressions, who can think it probable that the President and two thirds of the Senate will ever be capable of such unworthy conduct.
他要么在与世人的交往中非常不幸，要么拥有一颗非常容易受到这种印象的心，谁会认为总统和参议院三分之二的议员可能会做出这种不值得的行为。
The idea is too gross and too invidious to be entertained.
这个想法太粗俗、太令人反感，不值得接受。
But in such a case, if it should ever happen, the treaty so obtained from us would, like all other fraudulent contracts, be null and void by the law of nations.
但在这种情况下，一旦发生这种情况，从我们这里获得的条约将像所有其他欺诈性合同一样，根据国际法无效。
With respect to their responsibility, it is difficult to conceive how it could be increased.
至于他们的责任，很难想象如何增加。
Every consideration that can influence the human mind, such as honor, oaths, reputations, conscience, the love of country, and family affections and attachments, afford security for their fidelity.
每一个能够影响人心的因素，例如荣誉、誓言、名誉、良知、爱国、家庭感情和依恋，都为他们的忠诚提供了保障。
In short, as the Constitution has taken the utmost care that they shall be men of talents and integrity, we have reason to be persuaded that the treaties they make will be as advantageous as, all circumstances considered, could be made; and so far as the fear of punishment and disgrace can operate, that motive to good behavior is amply afforded by the article on the subject of impeachments.
简而言之，由于宪法极其重视他们应是有才华和正直的人，我们有理由相信，他们签订的条约将在考虑到所有情况后尽可能有利；就对惩罚和耻辱的恐惧而言，关于弹劾主题的文章充分提供了良好行为的动机。
PUBLIUS
普布利乌斯
FEDERALIST No. 65
联邦党人文集 65 号
The Powers of the Senate Continued
参议院的权力继续
From the New York Packet.
来自纽约邮包。
Friday, March 7, 1788.
1788 年 3 月 7 日星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE remaining powers which the plan of the convention allots to the Senate, in a distinct capacity, are comprised in their participation with the executive in the appointment to offices, and in their judicial character as a court for the trial of impeachments.
大会计划以独特的身份分配给参议院的其余权力包括与行政部门一起参与职位任命，以及作为弹劾审判法院的司法性质。
As in the business of appointments the executive will be the principal agent, the provisions relating to it will most properly be discussed in the examination of that department.
由于在任命业务中，行政人员将是主要代理人，因此与其相关的规定将在对该部门的审查中进行最适当的讨论。
We will, therefore, conclude this head with a view of the judicial character of the Senate.
因此，我们将着眼于参议院的司法性质来结束这一主题。
A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective.
在一个完全由选举产生的政府中，建立一个组织良好的弹劾审判法庭是一个不那么令人渴望的目标，也是一个很难实现的目标。
The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.
其管辖范围是那些因公职人员的不当行为而产生的犯罪行为，或者换句话说，是因滥用或违反某些公众信任而产生的犯罪行为。
They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
它们的性质可以特别恰当地称为政治性的，因为它们主要涉及对社会本身造成的直接伤害。
The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused.
因此，对他们的起诉往往会激起整个社会的热情，并将其分成对被告或多或少友好或敌对的政党。
In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.
在许多情况下，它会与先前存在的派别联系起来，并将他们所有的敌意、偏见、影响力和利益拉拢到一边或另一边；在这种情况下，总是存在最大的危险，即决定将更多地受到各方相对力量的影响，而不是真正证明无罪或有罪。
The delicacy and magnitude of a trust which so deeply concerns the political reputation and existence of every man engaged in the administration of public affairs, speak for themselves.
信托的微妙性和重要性不言而喻，它深深关系到每个从事公共事务管理的人的政治声誉和生存。
The difficulty of placing it rightly, in a government resting entirely on the basis of periodical elections, will as readily be perceived, when it is considered that the most conspicuous characters in it will, from that circumstance, be too often the leaders or the tools of the most cunning or the most numerous faction, and on this account, can hardly be expected to possess the requisite neutrality towards those whose conduct may be the subject of scrutiny.
在一个完全建立在定期选举基础上的政府中，正确地安置它的难度是显而易见的，因为人们认为，在这种情况下，政府中最引人注目的人物往往是最狡猾或人数最多的派系的领导人或工具，因此很难指望对那些行为可能受到审查的人保持必要的中立性。
The convention, it appears, thought the Senate the most fit depositary of this important trust.
大会似乎认为参议院是这一重要信托基金最合适的保管人。
Those who can best discern the intrinsic difficulty of the thing, will be least hasty in condemning that opinion, and will be most inclined to allow due weight to the arguments which may be supposed to have produced it.
那些最能洞察事物内在困难的人，不会急于谴责这种观点，并且最倾向于对可能产生这种观点的论据给予应有的重视。
What, it may be asked, is the true spirit of the institution itself?
也许有人会问，这个机构本身的真正精神是什么？
Is it not designed as a method of NATIONAL INQUEST into the conduct of public men?
难道它不是被设计作为对公职人员行为进行国家调查的一种方法吗？
If this be the design of it, who can so properly be the inquisitors for the nation as the representatives of the nation themselves?
如果这是它的设计，那么谁能像国家本身的代表一样，成为国家的审判者呢？
It is not disputed that the power of originating the inquiry, or, in other words, of preferring the impeachment, ought to be lodged in the hands of one branch of the legislative body.
毫无争议的是，发起调查的权力，或者换句话说，倾向于弹劾的权力，应该掌握在立法机构的一个分支手中。
Will not the reasons which indicate the propriety of this arrangement strongly plead for an admission of the other branch of that body to a share of the inquiry?
表明这种安排适当的理由难道不会强烈要求该机构的其他部门参与调查吗？
The model from which the idea of this institution has been borrowed, pointed out that course to the convention.
该机构的理念所借鉴的模型为大会指出了这一方向。
In Great Britain it is the province of the House of Commons to prefer the impeachment, and of the House of Lords to decide upon it.
在英国，弹劾是下议院的职责，而弹劾的决定则是上议院的职责。
Several of the State constitutions have followed the example.
一些州宪法也效仿了这一做法。
As well the latter, as the former, seem to have regarded the practice of impeachments as a bridle in the hands of the legislative body upon the executive servants of the government.
后者和前者一样，似乎都将弹劾做法视为立法机构对政府行政人员的束缚。
Is not this the true light in which it ought to be regarded?
这难道不是应该被看待的真实的光吗？
Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent?
除了参议院之外，哪里还能找到一个足够有尊严或足够独立的法庭呢？
What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?
还有哪个机构会对自己的情况有足够的信心，能够不畏惧、不受影响地维护个人被告与人民代表、指控者之间必要的公正性？
Could the Supreme Court have been relied upon as answering this description?
是否可以依赖最高法院来回答这一描述？
It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as would be called for in the execution of so difficult a task; and it is still more to be doubted, whether they would possess the degree of credit and authority, which might, on certain occasions, be indispensable towards reconciling the people to a decision that should happen to clash with an accusation brought by their immediate representatives.
值得怀疑的是，该法庭的成员是否在任何时候都具有执行如此艰巨任务所需的如此卓越的毅力；更值得怀疑的是，他们是否拥有一定程度的信誉和权威，在某些情况下，这对于使人民接受与他们的直接代表提出的指控发生冲突的决定是必不可少的。
A deficiency in the first, would be fatal to the accused; in the last, dangerous to the public tranquillity.
第一个方面的缺陷对被告来说将是致命的；最后，危害公众安宁。
The hazard in both these respects, could only be avoided, if at all, by rendering that tribunal more numerous than would consist with a reasonable attention to economy.
如果有的话，只有通过使法庭的人数多于对经济的合理关注才能避免这两个方面的危险。
The necessity of a numerous court for the trial of impeachments, is equally dictated by the nature of the proceeding.
弹劾审判需要多个法院，这同样取决于程序的性质。
This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors, or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security.
无论是在检察官对罪行的界定中，还是在法官对罪行的解释中，这一点都不能被如此严格的规则所束缚，因为在常见情况下，法院会限制法院有利于人身安全的自由裁量权。
There will be no jury to stand between the judges who are to pronounce the sentence of the law, and the party who is to receive or suffer it.
在宣布法律判决的法官与接受或承受法律判决的当事人之间，不会有陪审团介入。
The awful discretion which a court of impeachments must necessarily have, to doom to honor or to infamy the most confidential and the most distinguished characters of the community, forbids the commitment of the trust to a small number of persons.
弹劾法院必须拥有可怕的自由裁量权，注定要荣耀或侮辱社会中最机密和最杰出的人物，禁止将信托委托给少数人。
These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a court of impeachments.
仅凭这些考虑因素似乎就足以得出这样的结论：最高法院作为弹劾法院不适合替代参议院。
There remains a further consideration, which will not a little strengthen this conclusion.
还有进一步的考虑，这不会稍微加强这个结论。
It is this: The punishment which may be the consequence of conviction upon impeachment, is not to terminate the chastisement of the offender.
正是这样：弹劾定罪所带来的惩罚，并不是终止对罪犯的惩罚。
After having been sentenced to a perpetual ostracism from the esteem and confidence, and honors and emoluments of his country, he will still be liable to prosecution and punishment in the ordinary course of law.
在被判处永久排斥其国家的尊重和信任、荣誉和报酬后，他仍将受到普通法律程序的起诉和惩罚。
Would it be proper that the persons who had disposed of his fame, and his most valuable rights as a citizen in one trial, should, in another trial, for the same offense, be also the disposers of his life and his fortune?
在一次审判中处置了他的名誉和他作为公民最宝贵权利的人，在另一次审判中，因同一罪行而处置了他的生命和财产，这是否合适？
Would there not be the greatest reason to apprehend, that error, in the first sentence, would be the parent of error in the second sentence?
难道没有最大的理由去理解，第一句中的错误将成为第二句中错误的根源吗？
That the strong bias of one decision would be apt to overrule the influence of any new lights which might be brought to vary the complexion of another decision?
一个决定的强烈偏见很容易推翻任何可能改变另一决定的面貌的新观点的影响？
Those who know anything of human nature, will not hesitate to answer these questions in the affirmative; and will be at no loss to perceive, that by making the same persons judges in both cases, those who might happen to be the objects of prosecution would, in a great measure, be deprived of the double security intended them by a double trial.
那些对人性有所了解的人，会毫不犹豫地对这些问题做出肯定的回答；我们将毫不犹豫地认识到，如果让同一个人在两起案件中担任法官，那么那些可能碰巧成为起诉对象的人将在很大程度上被剥夺双重审判所赋予他们的双重安全。
The loss of life and estate would often be virtually included in a sentence which, in its terms, imported nothing more than dismission from a present, and disqualification for a future, office.
生命和财产的损失实际上往往包含在一个句子中，用其术语来说，无非是解雇目前的职务，并取消未来担任职务的资格。
It may be said, that the intervention of a jury, in the second instance, would obviate the danger.
可以说，在第二种情况下，陪审团的介入将消除危险。
But juries are frequently influenced by the opinions of judges.
但陪审团经常受到法官意见的影响。
They are sometimes induced to find special verdicts, which refer the main question to the decision of the court.
有时他们会被诱导去寻找特殊的判决，将主要问题提交给法院的判决。
Who would be willing to stake his life and his estate upon the verdict of a jury acting under the auspices of judges who had predetermined his guilt?
谁愿意将自己的生命和财产押在陪审团的裁决上，而陪审团是在预先确定了他有罪的法官的主持下行事的？
Would it have been an improvement of the plan, to have united the Supreme Court with the Senate, in the formation of the court of impeachments?
将最高法院与参议院联合起来组建弹劾法院，这会是对计划的改进吗？
This union would certainly have been attended with several advantages; but would they not have been overbalanced by the signal disadvantage, already stated, arising from the agency of the same judges in the double prosecution to which the offender would be liable?
这种结合肯定会带来一些好处；但是，犯罪者可能面临的双重起诉中，由同一位法官代理所造成的明显劣势（已经说过）是否会导致这些劣势变得更加平衡呢？
To a certain extent, the benefits of that union will be obtained from making the chief justice of the Supreme Court the president of the court of impeachments, as is proposed to be done in the plan of the convention; while the inconveniences of an entire incorporation of the former into the latter will be substantially avoided.
在一定程度上，按照制宪会议的计划，由最高法院首席大法官兼任弹劾法院院长，可以获得该联盟的好处；而将前者完全纳入后者所带来的不便将基本上得到避免。
This was perhaps the prudent mean.
这也许是谨慎的做法。
I forbear to remark upon the additional pretext for clamor against the judiciary, which so considerable an augmentation of its authority would have afforded.
我不敢评论反对司法机构的额外借口，因为司法机构的权威会得到如此显着的增强。
Would it have been desirable to have composed the court for the trial of impeachments, of persons wholly distinct from the other departments of the government?
由完全不同于政府其他部门的人组成负责弹劾审判的法院是否可取？
There are weighty arguments, as well against, as in favor of, such a plan.
对于这样的计划，无论是反对还是支持，都有着重要的论据。
To some minds it will not appear a trivial objection, that it could tend to increase the complexity of the political machine, and to add a new spring to the government, the utility of which would at best be questionable.
在某些人看来，这并不是一个微不足道的反对意见，因为它可能会增加政治机器的复杂性，并为政府增加一个新的活力，而其效用充其量是值得怀疑的。
But an objection which will not be thought by any unworthy of attention, is this: a court formed upon such a plan, would either be attended with a heavy expense, or might in practice be subject to a variety of casualties and inconveniences.
但任何不值得关注的人都不会想到的反对意见是：按照这样的计划组建的法院要么会花费大量费用，要么在实践中可能会遭受各种伤亡和不便。
It must either consist of permanent officers, stationary at the seat of government, and of course entitled to fixed and regular stipends, or of certain officers of the State governments to be called upon whenever an impeachment was actually depending.
它必须由在政府所在地固定的常任官员组成，当然有权获得固定和定期的津贴，或者由州政府的某些官员组成，每当弹劾实际发生时，他们就会被召集起来。
It will not be easy to imagine any third mode materially different, which could rationally be proposed.
很难想象任何第三种模式在本质上有所不同，但可以合理地提出。
As the court, for reasons already given, ought to be numerous, the first scheme will be reprobated by every man who can compare the extent of the public wants with the means of supplying them.
由于法院，由于已经给出的理由，应该有很多人，因此第一个方案将被每一个能够比较公众需求的程度和满足公众需求的手段的人所谴责。
The second will be espoused with caution by those who will seriously consider the difficulty of collecting men dispersed over the whole Union; the injury to the innocent, from the procrastinated determination of the charges which might be brought against them; the advantage to the guilty, from the opportunities which delay would afford to intrigue and corruption; and in some cases the detriment to the State, from the prolonged inaction of men whose firm and faithful execution of their duty might have exposed them to the persecution of an intemperate or designing majority in the House of Representatives.
那些认真考虑召集分散在整个联邦的人员的困难的人将会谨慎地拥护第二种方法。由于拖延确定可能对无辜者提出的指控而对无辜者造成伤害；拖延会给有罪者带来阴谋和腐败的机会；在某些情况下，由于那些坚定而忠实地履行职责的人长期无所作为，可能会遭到众议院中无节制或蓄意的多数人的迫害，从而对国家造成损害。
Though this latter supposition may seem harsh, and might not be likely often to be verified, yet it ought not to be forgotten that the demon of faction will, at certain seasons, extend his sceptre over all numerous bodies of men.
尽管后一种假设可能看起来很严酷，并且可能不太可能经常得到证实，但我们不应该忘记，派系恶魔会在某些季节将其权杖延伸到所有众多的人群中。
But though one or the other of the substitutes which have been examined, or some other that might be devised, should be thought preferable to the plan in this respect, reported by the convention, it will not follow that the Constitution ought for this reason to be rejected.
但是，尽管已经审查过的一个或另一个替代方案，或可能设计的其他替代方案，在这方面应该被认为比大会报告的计划更可取，但这并不意味着宪法应该因此而被拒绝。
If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert.
如果人类决定不同意任何政府机构，除非政府的每个部分都调整到最精确的完美标准，那么社会很快就会陷入无政府状态，世界将变成沙漠。
Where is the standard of perfection to be found?
完美的标准在哪里可以找到？
Who will undertake to unite the discordant opinions of a whole community, in the same judgment of it; and to prevail upon one conceited projector to renounce his INFALLIBLE criterion for the FALLIBLE criterion of his more CONCEITED NEIGHBOR?
谁将承诺将整个社会的不一致意见统一起来，做出同样的判断；并说服一位自负的投影仪放弃他的无误标准，转而采用他更自负的邻居的无误标准？
To answer the purpose of the adversaries of the Constitution, they ought to prove, not merely that particular provisions in it are not the best which might have been imagined, but that the plan upon the whole is bad and pernicious.
为了回答宪法反对者的目的，他们不仅应该证明其中的特定条款不是想象中的最好的，而且整个计划是糟糕和有害的。
PUBLIUS
普布利乌斯
FEDERALIST No. 66
联邦党人文集 66 号
Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered.
进一步考虑反对参议院设立弹劾法院的权力。
From The Independent Journal.
来自独立杂志。
Saturday, March 8, 1788.
1788 年 3 月 8 日，星期六。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
A REVIEW of the principal objections that have appeared against the proposed court for the trial of impeachments, will not improbably eradicate the remains of any unfavorable impressions which may still exist in regard to this matter.
对针对弹劾审判提议的法院提出的主要反对意见进行审查，不太可能消除在这一问题上可能仍然存在的任何不利印象。
The FIRST of these objections is, that the provision in question confounds legislative and judiciary authorities in the same body, in violation of that important and well-established maxim which requires a separation between the different departments of power.
这些反对意见中的第一个是，有关规定将立法机关和司法机关混淆在同一机构中，违反了要求不同权力部门分开的重要且既定的格言。
The true meaning of this maxim has been discussed and ascertained in another place, and has been shown to be entirely compatible with a partial intermixture of those departments for special purposes, preserving them, in the main, distinct and unconnected.
这句格言的真正含义已在另一个地方进行过讨论和确定，并且已被证明与那些出于特殊目的而部分混合的部门完全兼容，保留了它们在总体上的独特性和互不关联性。
This partial intermixture is even, in some cases, not only proper but necessary to the mutual defense of the several members of the government against each other.
在某些情况下，这种部分混合甚至对于政府几位成员之间的相互防御来说不仅是适当的，而且是必要的。
An absolute or qualified negative in the executive upon the acts of the legislative body, is admitted, by the ablest adepts in political science, to be an indispensable barrier against the encroachments of the latter upon the former.
最有能力的政治学专家承认，行政部门对立法机构行为的绝对或有限制的否定，是防止后者侵犯前者的不可或缺的障碍。
And it may, perhaps, with no less reason be contended, that the powers relating to impeachments are, as before intimated, an essential check in the hands of that body upon the encroachments of the executive.
也许，同样有理由争辩的是，如前所述，与弹劾有关的权力是该机构手中对行政部门侵犯的重要制衡。
The division of them between the two branches of the legislature, assigning to one the right of accusing, to the other the right of judging, avoids the inconvenience of making the same persons both accusers and judges; and guards against the danger of persecution, from the prevalency of a factious spirit in either of those branches.
立法机关的两个部门之间的划分，一个部门拥有指控权，另一个部门拥有审判权，避免了让同一个人既是原告又是法官的不便；并防范因这两个部门中盛行的派别精神而遭受迫害的危险。
As the concurrence of two thirds of the Senate will be requisite to a condemnation, the security to innocence, from this additional circumstance, will be as complete as itself can desire.
由于谴责需要参议院三分之二的同意，因此，从这种额外的情况来看，无罪的保证将如其本身所希望的那样完全。
It is curious to observe, with what vehemence this part of the plan is assailed, on the principle here taken notice of, by men who profess to admire, without exception, the constitution of this State; while that constitution makes the Senate, together with the chancellor and judges of the Supreme Court, not only a court of impeachments, but the highest judicatory in the State, in all causes, civil and criminal.
令人好奇的是，根据这里所注意到的原则，计划的这一部分遭到了那些自称无一例外地钦佩本州宪法的人的猛烈攻击。而该宪法规定，参议院与最高法院大法官和法官不仅是弹劾法院，而且是该州所有民事和刑事案件的最高司法机关。
The proportion, in point of numbers, of the chancellor and judges to the senators, is so inconsiderable, that the judiciary authority of New York, in the last resort, may, with truth, be said to reside in its Senate.
从人数上看，财政大臣和法官与参议员的比例微不足道，以至于纽约的司法权归根结底可以说是位于参议院。
If the plan of the convention be, in this respect, chargeable with a departure from the celebrated maxim which has been so often mentioned, and seems to be so little understood, how much more culpable must be the constitution of New York?(1)
如果在这方面，大会的计划被指责背离了人们经常提到的、似乎很少被理解的著名格言，那么纽约的宪法就更应该受到谴责吗？（1）
A SECOND objection to the Senate, as a court of impeachments, is, that it contributes to an undue accumulation of power in that body, tending to give to the government a countenance too aristocratic.
对参议院作为弹劾法庭的第二个反对意见是，它会导致该机构权力的过度积累，从而使政府显得过于贵族化。
The Senate, it is observed, is to have concurrent authority with the Executive in the formation of treaties and in the appointment to offices: if, say the objectors, to these prerogatives is added that of deciding in all cases of impeachment, it will give a decided predominancy to senatorial influence.
据观察，参议院在缔结条约和任命公职方面与行政部门拥有共同的权力：反对者说，如果在这些特权中加上对所有弹劾案件作出决定的特权，那么参议院的影响力将占据决定性的优势。
To an objection so little precise in itself, it is not easy to find a very precise answer.
对于一个本身不那么精确的反对意见，要找到一个非常精确的答案并不容易。
Where is the measure or criterion to which we can appeal, for determining what will give the Senate too much, too little, or barely the proper degree of influence?
我们可以诉诸的衡量标准或标准在哪里，以决定什么会给参议院太多、太少或勉强达到适当程度的影响力？
Will it not be more safe, as well as more simple, to dismiss such vague and uncertain calculations, to examine each power by itself, and to decide, on general principles, where it may be deposited with most advantage and least inconvenience?
放弃这种模糊和不确定的计算，单独检查每项权力，并根据一般原则决定将其放在哪里最有利、最不方便，这不是更安全、也更简单吗？
If we take this course, it will lead to a more intelligible, if not to a more certain result.
如果我们采取这种做法，即使不能得到更确定的结果，也会得到更容易理解的结果。
The disposition of the power of making treaties, which has obtained in the plan of the convention, will, then, if I mistake not, appear to be fully justified by the considerations stated in a former number, and by others which will occur under the next head of our inquiries.
如果我没有弄错的话，在公约的计划中获得的缔结条约权力的处置，将通过前一数字中所述的考虑以及将在我们的下一个调查标题下出现的其他考虑因素而显得完全合理。
The expediency of the junction of the Senate with the Executive, in the power of appointing to offices, will, I trust, be placed in a light not less satisfactory, in the disquisitions under the same head.
我相信，在同一标题下的研究报告中，参议院与行政部门在任命职位方面的权宜之计，将得到令人满意的考虑。
And I flatter myself the observations in my last paper must have gone no inconsiderable way towards proving that it was not easy, if practicable, to find a more fit receptacle for the power of determining impeachments, than that which has been chosen.
我自以为我上一篇论文中的观察结果一定会在很大程度上证明，如果可行的话，找到一个比已选择的弹劾决定权更合适的容器并不容易。
If this be truly the case, the hypothetical dread of the too great weight of the Senate ought to be discarded from our reasonings.
如果情况确实如此，那么我们就应该从我们的推理中消除对参议院影响力过大的假设恐惧。
But this hypothesis, such as it is, has already been refuted in the remarks applied to the duration in office prescribed for the senators.
但这一假设已经在适用于参议员规定任期的言论中被驳斥了。
It was by them shown, as well on the credit of historical examples, as from the reason of the thing, that the most POPULAR branch of every government, partaking of the republican genius, by being generally the favorite of the people, will be as generally a full match, if not an overmatch, for every other member of the Government.
他们通过历史事例和事情的原因表明，每个政府中最受欢迎的部门，由于普遍受到人民的喜爱，具有共和主义的天才，因此通常会完全匹配政府中的所有其他成员，即使不是完全匹配。
But independent of this most active and operative principle, to secure the equilibrium of the national House of Representatives, the plan of the convention has provided in its favor several important counterpoises to the additional authorities to be conferred upon the Senate.
但独立于这一最积极和最有效的原则，为了确保全国众议院的平衡，大会的计划为参议院提供了几项对其有利的重要权衡，以抵消授予参议院的额外权力。
The exclusive privilege of originating money bills will belong to the House of Representatives.
发起货币法案的专有特权将属于众议院。
The same house will possess the sole right of instituting impeachments: is not this a complete counterbalance to that of determining them?
同一个众议院将拥有发起弹劾的唯一权利：这难道不是对决定弹劾的完全制衡吗？
The same house will be the umpire in all elections of the President, which do not unite the suffrages of a majority of the whole number of electors; a case which it cannot be doubted will sometimes, if not frequently, happen.
同一院将担任所有总统选举的裁判员，这些选举未统一全体选举人的多数选举权；毫无疑问，这种情况有时会发生，即使不是经常发生。
The constant possibility of the thing must be a fruitful source of influence to that body.
事物的持续可能性必定是对该身体产生影响的富有成效的源泉。
The more it is contemplated, the more important will appear this ultimate though contingent power, of deciding the competitions of the most illustrious citizens of the Union, for the first office in it.
考虑得越多，这种决定联邦最杰出公民竞选第一个职位的最终权力（尽管是偶然的）就越重要。
It would not perhaps be rash to predict, that as a mean of influence it will be found to outweigh all the peculiar attributes of the Senate.
也许可以不轻率地预测，作为一种影响手段，它将超越参议院的所有特殊属性。
A THIRD objection to the Senate as a court of impeachments, is drawn from the agency they are to have in the appointments to office.
对参议院作为弹劾法庭的第三个反对意见来自于他们在任命官员时所拥有的机构。
It is imagined that they would be too indulgent judges of the conduct of men, in whose official creation they had participated.
人们认为，他们对人类行为的评判过于宽容，因为他们参与了人类的官方创造。
The principle of this objection would condemn a practice, which is to be seen in all the State governments, if not in all the governments with which we are acquainted: I mean that of rendering those who hold offices during pleasure, dependent on the pleasure of those who appoint them.
这种反对的原则会谴责一种做法，这种做法在所有州政府中都可以看到，即使不是在我们所熟悉的所有政府中：我的意思是，让那些在快乐期间担任公职的人依赖于任命他们的人的快乐。
With equal plausibility might it be alleged in this case, that the favoritism of the latter would always be an asylum for the misbehavior of the former.
在这种情况下，同样有道理的是，后者的偏袒永远是前者不当行为的庇护所。
But that practice, in contradiction to this principle, proceeds upon the presumption, that the responsibility of those who appoint, for the fitness and competency of the persons on whom they bestow their choice, and the interest they will have in the respectable and prosperous administration of affairs, will inspire a sufficient disposition to dismiss from a share in it all such who, by their conduct, shall have proved themselves unworthy of the confidence reposed in them.
但这种做法与这一原则相矛盾，其前提是，任命者的责任是考虑到他们所选择的人员的适合性和能力，以及他们对受人尊敬和繁荣的事务管理的兴趣，这将激发一种充分的倾向，将那些通过其行为证明自己不值得对他们信任的人排除在外。
Though facts may not always correspond with this presumption, yet if it be, in the main, just, it must destroy the supposition that the Senate, who will merely sanction the choice of the Executive, should feel a bias, towards the objects of that choice, strong enough to blind them to the evidences of guilt so extraordinary, as to have induced the representatives of the nation to become its accusers.
尽管事实可能并不总是与这一假设相符，但如果它大体上是公正的，它就必须推翻这样的假设，即参议院仅仅批准行政部门的选择，应该对选择的对象感到偏见，这种偏见强烈到足以使他们对如此非同寻常的有罪证据视而不见，以至于诱导国家代表成为其指控者。
If any further arguments were necessary to evince the improbability of such a bias, it might be found in the nature of the agency of the Senate in the business of appointments.
如果需要任何进一步的论据来证明这种偏见的可能性不大，那么可以从参议院在任命事务中的机构性质中找到这一点。
It will be the office of the President to NOMINATE, and, with the advice and consent of the Senate, to APPOINT.
总统办公室将负责提名，并在参议院的建议和同意下进行任命。
There will, of course, be no exertion of CHOICE on the part of the Senate.
当然，参议院不会有任何选择权。
They may defeat one choice of the Executive, and oblige him to make another; but they cannot themselves CHOOSE--they can only ratify or reject the choice of the President.
他们可能会否决行政部门的一项选择，并迫使他做出另一项选择；但他们不能自己选择——他们只能批准或拒绝总统的选择。
They might even entertain a preference to some other person, at the very moment they were assenting to the one proposed, because there might be no positive ground of opposition to him; and they could not be sure, if they withheld their assent, that the subsequent nomination would fall upon their own favorite, or upon any other person in their estimation more meritorious than the one rejected.
他们甚至可能在同意某个人提议的那一刻就对其他人产生偏好，因为可能没有明确的理由反对他；如果他们不同意，他们就无法确定随后的提名是否会落在他们自己最喜欢的人身上，或者落在他们认为比被拒绝的人更优秀的任何其他人身上。
Thus it could hardly happen, that the majority of the Senate would feel any other complacency towards the object of an appointment than such as the appearances of merit might inspire, and the proofs of the want of it destroy.
因此，参议院的大多数人几乎不会对任命的对象感到任何其他的自满，除了优点的外表可能激发的和缺乏它的证据所破坏的情况之外。
A FOURTH objection to the Senate in the capacity of a court of impeachments, is derived from its union with the Executive in the power of making treaties.
对参议院行使弹劾法院职能的第四个反对意见来自于参议院与拥有缔结条约权力的行政部门的联盟。
This, it has been said, would constitute the senators their own judges, in every case of a corrupt or perfidious execution of that trust.
据说，在每次腐败或背信弃义地执行该信托的情况下，这将构成参议员自己的法官。
After having combined with the Executive in betraying the interests of the nation in a ruinous treaty, what prospect, it is asked, would there be of their being made to suffer the punishment they would deserve, when they were themselves to decide upon the accusation brought against them for the treachery of which they have been guilty?
有人问，在与行政部门联合起来，在一项毁灭性的条约中背叛了国家利益之后，当他们自己决定对他们所犯的叛国罪提出指控时，他们会受到应有的惩罚吗？
This objection has been circulated with more earnestness and with greater show of reason than any other which has appeared against this part of the plan; and yet I am deceived if it does not rest upon an erroneous foundation.
这种反对意见的传播比任何其他反对这部分计划的反对意见都更加真诚和更加理性。然而，如果它没有建立在错误的基础上，我就被欺骗了。
The security essentially intended by the Constitution against corruption and treachery in the formation of treaties, is to be sought for in the numbers and characters of those who are to make them.
宪法本质上旨在防止缔结条约过程中的腐败和背叛行为，这要通过缔约者的数量和品质来寻求。
The JOINT AGENCY of the Chief Magistrate of the Union, and of two thirds of the members of a body selected by the collective wisdom of the legislatures of the several States, is designed to be the pledge for the fidelity of the national councils in this particular.
联邦首席法官和由几个州立法机构集体智慧选出的机构三分之二成员组成的联合机构，旨在成为全国委员会在这一方面忠诚的保证。
The convention might with propriety have meditated the punishment of the Executive, for a deviation from the instructions of the Senate, or a want of integrity in the conduct of the negotiations committed to him; they might also have had in view the punishment of a few leading individuals in the Senate, who should have prostituted their influence in that body as the mercenary instruments of foreign corruption: but they could not, with more or with equal propriety, have contemplated the impeachment and punishment of two thirds of the Senate, consenting to an improper treaty, than of a majority of that or of the other branch of the national legislature, consenting to a pernicious or unconstitutional law--a principle which, I believe, has never been admitted into any government.
制宪会议可能会适当地考虑对行政部门进行惩罚，因为行政部门偏离了参议院的指示，或者在委托给他的谈判中缺乏诚信；他们也可能考虑到对参议院中少数主要人物的惩罚，这些人本应利用自己在参议院的影响力，作为外国腐败的雇佣工具：但他们不可能以更多或同等的适当程度，考虑弹劾和惩罚参议院三分之二的议员，同意一项不适当的条约，而不是弹劾和惩罚参议院或国家立法机构其他部门的多数，同意一项有害的或违宪的法律——这一原则，我认为，相信，从未被任何政府接纳。
How, in fact, could a majority in the House of Representatives impeach themselves?
事实上，众议院多数议员怎么可能弹劾自己呢？
Not better, it is evident, than two thirds of the Senate might try themselves.
显然，参议院三分之二的议员亲自尝试并不比这更好。
And yet what reason is there, that a majority of the House of Representatives, sacrificing the interests of the society by an unjust and tyrannical act of legislation, should escape with impunity, more than two thirds of the Senate, sacrificing the same interests in an injurious treaty with a foreign power?
然而，众议院的多数议员通过不公正和残暴的立法行为牺牲了社会利益，而参议院三分之二以上的议员在与外国列强签订的有害条约中牺牲了同样的利益，这有什么理由可以逃脱惩罚呢？
The truth is, that in all such cases it is essential to the freedom and to the necessary independence of the deliberations of the body, that the members of it should be exempt from punishment for acts done in a collective capacity; and the security to the society must depend on the care which is taken to confide the trust to proper hands, to make it their interest to execute it with fidelity, and to make it as difficult as possible for them to combine in any interest opposite to that of the public good.
事实是，在所有这些情况下，对于该机构审议的自由和必要的独立性至关重要，该机构的成员应免受以集体身份实施的行为的惩罚；社会的安全必须依赖于将信托托付给适当的人所采取的谨慎态度，使忠实地执行信托符合他们的利益，并尽可能地使他们难以与任何与公共利益相反的利益结合起来。
So far as might concern the misbehavior of the Executive in perverting the instructions or contravening the views of the Senate, we need not be apprehensive of the want of a disposition in that body to punish the abuse of their confidence or to vindicate their own authority.
就行政机关在歪曲指示或违背参议院意见方面的不当行为而言，我们不必担心该机构缺乏惩罚滥用信心或维护自己权威的处置措施。
We may thus far count upon their pride, if not upon their virtue.
到目前为止，我们即使不能依靠他们的美德，也可以依靠他们的骄傲。
And so far even as might concern the corruption of leading members, by whose arts and influence the majority may have been inveigled into measures odious to the community, if the proofs of that corruption should be satisfactory, the usual propensity of human nature will warrant us in concluding that there would be commonly no defect of inclination in the body to divert the public resentment from themselves by a ready sacrifice of the authors of their mismanagement and disgrace.
就领导成员的腐败而言，大多数人可能因他们的艺术和影响力而被诱骗采取了对社会来说令人厌恶的措施，如果这种腐败的证据令人满意，那么人性的通常倾向将保证我们得出这样的结论：该机构通常不存在通过让管理不善和耻辱的肇事者随时牺牲来转移公众怨恨的倾向。
PUBLIUS
普布利乌斯
1.
1.
In that of New Jersey, also, the final judiciary authority is in a branch of the legislature.
在新泽西州，最终司法权也属于立法机关的一个分支。
In New Hampshire, Massachusetts, Pennsylvania, and South Carolina, one branch of the legislature is the court for the trial of impeachments.
在新罕布什尔州、马萨诸塞州、宾夕法尼亚州和南卡罗来纳州，弹劾审判法院是立法机关的一个分支。
FEDERALIST No. 67
联邦党人文集 67 号
The Executive Department
执行部
From the New York Packet.
来自纽约邮包。
Tuesday, March 11, 1788.
1788 年 3 月 11 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE constitution of the executive department of the proposed government, claims next our attention.
接下来我们要注意的是拟议政府执行部门的章程。
There is hardly any part of the system which could have been attended with greater difficulty in the arrangement of it than this; and there is, perhaps, none which has been inveighed against with less candor or criticised with less judgment.
系统中几乎没有任何一个部分在安排上比这更困难。或许，没有哪一个国家受到过如此坦率的猛烈抨击或如此缺乏判断力的批评。
Here the writers against the Constitution seem to have taken pains to signalize their talent of misrepresentation.
在这里，反对宪法的作者似乎煞费苦心地展示了他们歪曲事实的才能。
Calculating upon the aversion of the people to monarchy, they have endeavored to enlist all their jealousies and apprehensions in opposition to the intended President of the United States; not merely as the embryo, but as the full-grown progeny, of that detested parent.
他们考虑到人民对君主政体的反感，努力动员所有的嫉妒和忧虑来反对预期的美国总统。不仅仅是作为那个可憎父母的胚胎，而且是成熟的后代。
To establish the pretended affinity, they have not scrupled to draw resources even from the regions of fiction.
为了建立假装的亲和力，他们甚至不惜从小说领域汲取资源。
The authorities of a magistrate, in few instances greater, in some instances less, than those of a governor of New York, have been magnified into more than royal prerogatives.
治安法官的权力有时比纽约州州长的权力更大，有时比纽约州州长的权力还要小，但其权力已经被放大到不仅仅是皇室特权。
He has been decorated with attributes superior in dignity and splendor to those of a king of Great Britain.
他在尊严和光彩上被授予比英国国王更高的品质。
He has been shown to us with the diadem sparkling on his brow and the imperial purple flowing in his train.
我们看到他额头上戴着闪闪发光的王冠，裙裾上飘逸着皇家紫色。
He has been seated on a throne surrounded with minions and mistresses, giving audience to the envoys of foreign potentates, in all the supercilious pomp of majesty.
他坐在王座上，周围都是奴才和情妇，以一种傲慢的威严排场接见外国君主的使节。
The images of Asiatic despotism and voluptuousness have scarcely been wanting to crown the exaggerated scene.
亚洲专制和淫荡的形象几乎不想为夸张的场景加冕。
We have been taught to tremble at the terrific visages of murdering janizaries, and to blush at the unveiled mysteries of a future seraglio.
我们被教导要为谋杀卫兵的可怕面容而颤抖，并为未来后宫揭开的谜团而脸红。
Attempts so extravagant as these to disfigure or, it might rather be said, to metamorphose the object, render it necessary to take an accurate view of its real nature and form: in order as well to ascertain its true aspect and genuine appearance, as to unmask the disingenuity and expose the fallacy of the counterfeit resemblances which have been so insidiously, as well as industriously, propagated.
像这些破坏物体的行为，或者更确切地说，使物体变形的尝试，使得我们有必要准确地看待它的真实性质和形式：以便确定它的真实面貌和真实外观，从而揭开不诚实的面纱，揭露那些被如此阴险而勤勉地传播的虚假相似性的谬误。
In the execution of this task, there is no man who would not find it an arduous effort either to behold with moderation, or to treat with seriousness, the devices, not less weak than wicked, which have been contrived to pervert the public opinion in relation to the subject.
在执行这项任务的过程中，没有人会发现，以温和的态度看待或严肃地对待那些不亚于邪恶的手段是一项艰巨的努力，这些手段是为了歪曲与该主题有关的公众舆论而设计的。
They so far exceed the usual though unjustifiable licenses of party artifice, that even in a disposition the most candid and tolerant, they must force the sentiments which favor an indulgent construction of the conduct of political adversaries to give place to a voluntary and unreserved indignation.
迄今为止，它们超出了通常但不合理的政党诡计许可范围，即使在最坦诚和宽容的性格中，它们也必须迫使那些倾向于纵容地解释政治对手行为的情绪让位于自愿和毫无保留的愤慨。
It is impossible not to bestow the imputation of deliberate imposture and deception upon the gross pretense of a similitude between a king of Great Britain and a magistrate of the character marked out for that of the President of the United States.
英国国王和一位具有美国总统性格的地方法官之间的粗俗假装，不可能不被归咎于蓄意的冒充和欺骗。
It is still more impossible to withhold that imputation from the rash and barefaced expedients which have been employed to give success to the attempted imposition.
更不可能将这种指责归咎于鲁莽和赤裸裸的权宜之计，这些权宜之计已被用来使企图强加于人的行为取得成功。
In one instance, which I cite as a sample of the general spirit, the temerity has proceeded so far as to ascribe to the President of the United States a power which by the instrument reported is EXPRESSLY allotted to the Executives of the individual States.
在我引用的一个例子中，作为一般精神的一个例子，人们鲁莽地将一项权力赋予美国总统，而根据报告的文书，该权力明确分配给各个州的行政部门。
I mean the power of filling casual vacancies in the Senate.
我指的是填补参议院临时空缺的权力。
This bold experiment upon the discernment of his countrymen has been hazarded by a writer who (whatever may be his real merit) has had no inconsiderable share in the applauses of his party(1); and who, upon this false and unfounded suggestion, has built a series of observations equally false and unfounded.
一位作家（无论他真正的优点是什么）在他的政党的掌声中占有不小的份额（1）；他根据这个错误且毫无根据的建议，提出了一系列同样错误且毫无根据的观察结果。
Let him now be confronted with the evidence of the fact, and let him, if he be able, justify or extenuate the shameful outrage he has offered to the dictates of truth and to the rules of fair dealing.
现在让他面对事实的证据，如果他能够的话，让他为他对真理的要求和公平交易的规则所提出的可耻的愤怒进行辩护或减轻其可耻的愤怒。
The second clause of the second section of the second article empowers the President of the United States "to nominate, and by and with the advice and consent of the Senate, to appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other OFFICERS of United States whose appointments are NOT in the Constitution OTHERWISE PROVIDED FOR, and WHICH SHALL BE ESTABLISHED BY LAW." Immediately after this clause follows another in these words: "The President shall have power to fill up all VACANCIES that may happen DURING THE RECESS OF THE SENATE, by granting commissions which shall EXPIRE AT THE END OF THEIR NEXT SESSION." It is from this last provision that the pretended power of the President to fill vacancies in the Senate has been deduced.
第二条第二节第二款授权美国总统“提名并在参议院的建议和同意下任命大使、其他公共部长和领事、最高法院法官以及宪法中未另有规定且应由法律确定的所有其他美国官员”。紧接着该条款之后还有另一句话：“总统有权通过授予在下届会议结束时到期的佣金来填补参议院休会期间可能出现的所有空缺。”正是从最后一项条款中推断出总统具有填补参议院空缺的假装权力。
A slight attention to the connection of the clauses, and to the obvious meaning of the terms, will satisfy us that the deduction is not even colorable.
稍微注意一下子句的联系以及术语的明显含义，我们就会确信推论甚至不是可着色的。
The first of these two clauses, it is clear, only provides a mode for appointing such officers, "whose appointments are NOT OTHERWISE PROVIDED FOR in the Constitution, and which SHALL BE ESTABLISHED BY LAW"; of course it cannot extend to the appointments of senators, whose appointments are OTHERWISE PROVIDED FOR in the Constitution(2), and who are ESTABLISHED BY THE CONSTITUTION, and will not require a future establishment by law.
显然，这两条中的第一条只是规定了此类官员的任命模式，“其任命在宪法中没有另有规定，应由法律确定”；当然，它不能扩展到参议员的任命，参议员的任命在《宪法》(2)中另有规定，并且是由宪法确定的，并且不需要未来通过法律确定。
This position will hardly be contested.
这一地位几乎不会受到争议。
The last of these two clauses, it is equally clear, cannot be understood to comprehend the power of filling vacancies in the Senate, for the following reasons: First.
同样清楚的是，这两个条款的最后一个不能被理解为理解填补参议院空缺的权力，原因如下：第一。
The relation in which that clause stands to the other, which declares the general mode of appointing officers of the United States, denotes it to be nothing more than a supplement to the other, for the purpose of establishing an auxiliary method of appointment, in cases to which the general method was inadequate.
该条款与另一条款的关系表明了美国任命官员的一般模式，表明该条款只不过是对另一条款的补充，目的是在一般方法不足以解决的情况下建立辅助任命方法。
The ordinary power of appointment is confined to the President and Senate JOINTLY, and can therefore only be exercised during the session of the Senate; but as it would have been improper to oblige this body to be continually in session for the appointment of officers and as vacancies might happen IN THEIR RECESS, which it might be necessary for the public service to fill without delay, the succeeding clause is evidently intended to authorize the President, SINGLY, to make temporary appointments "during the recess of the Senate, by granting commissions which shall expire at the end of their next session." Second.
一般任命权仅限于总统和参议院共同行使，因此只能在参议院会议期间行使；但是，由于要求该机构持续开会任命官员是不合适的，而且在其休会期间可能会出现空缺，而公共服务部门可能需要立即填补空缺，因此随后的条款显然旨在授权总统“在参议院休会期间，通过授予应在下届会议结束时到期的佣金”进行临时任命。第二。
If this clause is to be considered as supplementary to the one which precedes, the VACANCIES of which it speaks must be construed to relate to the "officers" described in the preceding one; and this, we have seen, excludes from its description the members of the Senate.
如果本条款被视为对前一项的补充，则其所提及的空缺必须被解释为与前一项中描述的“官员”相关；我们已经看到，这一点将参议院成员排除在其描述之外。
Third.
第三。
The time within which the power is to operate, "during the recess of the Senate," and the duration of the appointments, "to the end of the next session" of that body, conspire to elucidate the sense of the provision, which, if it had been intended to comprehend senators, would naturally have referred the temporary power of filling vacancies to the recess of the State legislatures, who are to make the permanent appointments, and not to the recess of the national Senate, who are to have no concern in those appointments; and would have extended the duration in office of the temporary senators to the next session of the legislature of the State, in whose representation the vacancies had happened, instead of making it to expire at the end of the ensuing session of the national Senate.
权力行使的时间，“在参议院休会期间”，以及任命的持续时间，“到该机构下届会议结束时”，共同阐明了该条款的含义，如果它的目的是理解参议员，那么自然会将填补空缺的临时权力交给州立法机关休会，而后者将做出永久任命，而不是交给国家参议院休会，后者将做出永久任命。不关心这些任命；并将把临时参议员的任期延长到出现空缺的州立法机关的下届会议，而不是使其在随后的全国参议院会议结束时到期。
The circumstances of the body authorized to make the permanent appointments would, of course, have governed the modification of a power which related to the temporary appointments; and as the national Senate is the body, whose situation is alone contemplated in the clause upon which the suggestion under examination has been founded, the vacancies to which it alludes can only be deemed to respect those officers in whose appointment that body has a concurrent agency with the President.
当然，有权作出长期任命的机构的情况将决定与临时任命有关的权力的修改；由于国家参议院是一个机构，其情况仅在正在审查的建议所依据的条款中得到考虑，因此它所提到的空缺只能被视为尊重那些任命该机构与总统有并行机构的官员。
But last, the first and second clauses of the third section of the first article, not only obviate all possibility of doubt, but destroy the pretext of misconception.
但最后，第一篇第三节的第一和第二款，不仅消除了所有怀疑的可能性，而且摧毁了误解的借口。
The former provides, that "the Senate of the United States shall be composed of two Senators from each State, chosen BY THE LEGISLATURE THEREOF for six years"; and the latter directs, that, "if vacancies in that body should happen by resignation or otherwise, DURING THE RECESS OF THE LEGISLATURE OF ANY STATE, the Executive THEREOF may make temporary appointments until the NEXT MEETING OF THE LEGISLATURE, which shall then fill such vacancies." Here is an express power given, in clear and unambiguous terms, to the State Executives, to fill casual vacancies in the Senate, by temporary appointments; which not only invalidates the supposition, that the clause before considered could have been intended to confer that power upon the President of the United States, but proves that this supposition, destitute as it is even of the merit of plausibility, must have originated in an intention to deceive the people, too palpable to be obscured by sophistry, too atrocious to be palliated by hypocrisy.
前者规定“美国参议院由每个州的两名参议员组成，由各州立法机关选出，任期六年”；后者指示，“如果该机构因辞职或其他原因出现空缺，在任何州立法机关休会期间，行政机关可以临时任命，直到下次立法机关会议，然后填补此类空缺。”这是以明确无误的措辞赋予州行政人员一项明确的权力，可以通过临时任命来填补参议院的临时空缺；这不仅使之前所考虑的条款可能旨在将这一权力授予美国总统的假设无效，而且证明了这种假设，尽管缺乏合理性，但一定源于欺骗人民的意图，其意图太明显，无法用诡辩来掩盖，太残暴，无法用虚伪来缓解。
I have taken the pains to select this instance of misrepresentation, and to place it in a clear and strong light, as an unequivocal proof of the unwarrantable arts which are practiced to prevent a fair and impartial judgment of the real merits of the Constitution submitted to the consideration of the people.
我煞费苦心地选择了这个歪曲事实的例子，并将其放在清晰和强烈的背景下，作为毫无疑问的证据，证明这些做法是为了阻止对提交给人民审议的宪法的真正优点进行公正和公正的判断。
Nor have I scrupled, in so flagrant a case, to allow myself a severity of animadversion little congenial with the general spirit of these papers.
在如此公然的情况下，我也毫不犹豫地对自己提出了与这些论文的总体精神不太相符的严厉批评。
I hesitate not to submit it to the decision of any candid and honest adversary of the proposed government, whether language can furnish epithets of too much asperity, for so shameless and so prostitute an attempt to impose on the citizens of America.
我犹豫是否将其提交给拟议政府的任何坦诚和诚实的对手来决定，无论语言是否可以提供过于严厉的绰号，因为这种无耻和卖淫的企图强加给美国公民。
PUBLIUS
普布利乌斯
1.
1.
See CATO, No. V.
参见 CATO，No. V。
2.
2.
Article I, section 3, clause 1.
第一条，第 3 款，第 1 款。
FEDERALIST No. 68
联邦党人文集 68 号
The Mode of Electing the President
总统选举方式
From The Independent Journal.
来自独立杂志。
Wednesday, March 12, 1788.
1788 年 3 月 12 日，星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE mode of appointment of the Chief Magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, or which has received the slightest mark of approbation from its opponents.
美国首席治安官的任命方式几乎是该制度中唯一没有受到严厉谴责或得到对手丝毫认可的部分，不管结果如何。
The most plausible of these, who has appeared in print, has even deigned to admit that the election of the President is pretty well guarded.(1) I venture somewhat further, and hesitate not to affirm, that if the manner of it be not perfect, it is at least excellent.
其中最有道理的人，已经发表在印刷品上，甚至屈尊承认总统的选举是相当有保障的。（1）我敢于进一步冒险，毫不犹豫地确认，即使它的方式不完美，但至少是优秀的。
It unites in an eminent degree all the advantages, the union of which was to be wished for.(E1)
它在很大程度上结合了所有优点，这种结合是人们所希望的。(E1)
It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided.
在选择如此重要的信任对象时，最好能考虑到人民的感受。
This end will be answered by committing the right of making it, not to any preestablished body, but to men chosen by the people for the special purpose, and at the particular conjuncture.
为了实现这一目标，我们将把实现这一目标的权利委托给人民在特定时刻为特殊目的而选出的人，而不是任何预先设立的机构。
It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice.
同样可取的是，立即选举应由最有能力分析适合其职位的品质的人做出，并在有利于深思熟虑的情况下行事，并明智地结合所有适合支配其选择的理由和诱因。
A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations.
由同胞从大众中选出的一小部分人最有可能拥有此类复杂调查所需的信息和洞察力。
It was also peculiarly desirable to afford as little opportunity as possible to tumult and disorder.
尽可能减少骚乱和混乱的机会也是特别可取的。
This evil was not least to be dreaded in the election of a magistrate, who was to have so important an agency in the administration of the government as the President of the United States.
这种罪恶在地方法官的选举中尤其令人恐惧，因为地方法官在政府管理中拥有像美国总统一样重要的机构。
But the precautions which have been so happily concerted in the system under consideration, promise an effectual security against this mischief.
但是，在所考虑的系统中如此愉快地协调一致的预防措施，有望有效防止这种恶作剧。
The choice of SEVERAL, to form an intermediate body of electors, will be much less apt to convulse the community with any extraordinary or violent movements, than the choice of ONE who was himself to be the final object of the public wishes.
选择几位来组成一个中间选举团，与选择一位本身就是公众愿望的最终目标的人相比，更不容易因任何异常或暴力的运动而震动社会。
And as the electors, chosen in each State, are to assemble and vote in the State in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to be convened at one time, in one place.
由于在每个州选出的选举人将在他们被选中的州集会并投票，这种分离和分裂的情况将使他们更少地受到可能从他们那里传达给人民的热潮和骚动的影响，而如果他们全部在同一时间、一个地点召开的话。
Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption.
没有什么比一切可行的障碍都应该反对阴谋、阴谋和腐败更令人渴望的了。
These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils.
这些共和政府最致命的对手自然会被超过四分之一的人所期待，但主要是因为外国势力希望在我们的议会中获得不正当的优势。
How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union?
他们怎么能比把自己的人培养成联邦首席行政长官更好地满足这一点呢？
But the convention have guarded against all danger of this sort, with the most provident and judicious attention.
但大会以最深思熟虑和明智的关注防范了所有此类危险。
They have not made the appointment of the President to depend on any preexisting bodies of men, who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment.
他们任命总统时并不依赖于任何现有的人选，这些人可能会被事先篡改以牺牲他们的选票；但他们首先将其交给美国人民立即采取行动，为临时和唯一目的进行任命而选择人选。
And they have excluded from eligibility to this trust, all those who from situation might be suspected of too great devotion to the President in office.
他们排除了所有从目前情况来看可能被怀疑对在职总统过于忠诚的人获得这种信任的资格。
No senator, representative, or other person holding a place of trust or profit under the United States, can be of the numbers of the electors.
参议员、众议员或其他在美国拥有信托或利润地位的人不得成为选举人。
Thus without corrupting the body of the people, the immediate agents in the election will at least enter upon the task free from any sinister bias.
这样，在不腐蚀人民身体的情况下，选举的直接代理人至少会在没有任何险恶偏见的情况下开展这项任务。
Their transient existence, and their detached situation, already taken notice of, afford a satisfactory prospect of their continuing so, to the conclusion of it.
他们短暂的存在和他们的超然处境已经被注意到，这为他们继续如此直到结束提供了令人满意的前景。
The business of corruption, when it is to embrace so considerable a number of men, requires time as well as means.
腐败活动涉及到如此多的人，需要时间和手段。
Nor would it be found easy suddenly to embark them, dispersed as they would be over thirteen States, in any combinations founded upon motives, which though they could not properly be denominated corrupt, might yet be of a nature to mislead them from their duty.
突然让他们上船也不是一件容易的事，因为他们分散在十三个州，以任何基于动机的组合，虽然他们不能正确地被称为腐败，但可能具有误导他们履行职责的性质。
Another and no less important desideratum was, that the Executive should be independent for his continuance in office on all but the people themselves.
另一个同样重要的愿望是，行政长官在继续任职时应该独立于除人民本身之外的所有人。
He might otherwise be tempted to sacrifice his duty to his complaisance for those whose favor was necessary to the duration of his official consequence.
否则，他可能会试图牺牲自己的职责，以迎合那些在他的官方后果持续期间所必需的人。
This advantage will also be secured, by making his re-election to depend on a special body of representatives, deputed by the society for the single purpose of making the important choice.
这一优势也将得到保证，因为他的连任取决于一个由社会代表的特殊代表机构，其唯一目的是做出重要的选择。
All these advantages will happily combine in the plan devised by the convention; which is, that the people of each State shall choose a number of persons as electors, equal to the number of senators and representatives of such State in the national government, who shall assemble within the State, and vote for some fit person as President.
所有这些优势将愉快地结合在大会制定的计划中；也就是说，每个州的人民应选择一定数量的选举人，其数量等于该州在国家政府中的参议员和代表的人数，他们应在该州内聚集，并投票选举一些合适的人选担任总统。
Their votes, thus given, are to be transmitted to the seat of the national government, and the person who may happen to have a majority of the whole number of votes will be the President.
他们的选票将被传送到国家政府所在地，而恰好拥有全部选票多数的人将成为总统。
But as a majority of the votes might not always happen to centre in one man, and as it might be unsafe to permit less than a majority to be conclusive, it is provided that, in such a contingency, the House of Representatives shall select out of the candidates who shall have the five highest number of votes, the man who in their opinion may be best qualified for the office.
但由于多数选票可能并不总是集中在一个人身上，而且允许少于多数票得出结论可能是不安全的，因此规定，在这种情况下，众议院应从得票最高的五名候选人中选出他们认为最有资格担任该职位的人。
The process of election affords a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.
选举过程提供了一种道德上的确定性，即总统一职永远不会落到任何不具备必要资格的人的手中。
Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States.
低级阴谋的才能和受欢迎的小技巧，可能足以使一个人在一个国家中获得第一荣誉。但是，要使他受到整个联邦或相当大一部分人的尊重和信任，需要其他才能和不同的优点，使他成为美国总统这一杰出职位的成功候选人。
It will not be too strong to say, that there will be a constant probability of seeing the station filled by characters pre-eminent for ability and virtue.
可以毫不夸张地说，将有恒定的可能性看到车站里充满了能力和美德卓越的人物。
And this will be thought no inconsiderable recommendation of the Constitution, by those who are able to estimate the share which the executive in every government must necessarily have in its good or ill administration.
对于那些能够估计每个政府的行政部门在其良好或不良管理中所必须承担的份额的人来说，这将被认为是宪法的重要建议。
Though we cannot acquiesce in the political heresy of the poet who says:
尽管我们不能默许诗人的政治异端，他说：
"For forms of government let fools contest--That which is best administered is best,"--yet we may safely pronounce, that the true test of a good government is its aptitude and tendency to produce a good administration.
“对于政府的形式，让傻瓜们争论吧——管理得最好的就是最好的”——但我们可以有把握地说，对一个好政府的真正考验是它产生一个好政府的能力和倾向。
The Vice-President is to be chosen in the same manner with the President; with this difference, that the Senate is to do, in respect to the former, what is to be done by the House of Representatives, in respect to the latter.
副主席的选举方式与主席相同；区别在于，参议院对前者所做的事情与众议院对后者所做的事情相同。
The appointment of an extraordinary person, as Vice-President, has been objected to as superfluous, if not mischievous.
任命一位非凡人士担任副总统的做法遭到反对，认为即使不是恶作剧，也是多余的。
It has been alleged, that it would have been preferable to have authorized the Senate to elect out of their own body an officer answering that description.
据称，最好授权参议院从自己的机构中选出一位符合这一描述的官员。
But two considerations seem to justify the ideas of the convention in this respect.
但有两个考虑似乎证明了公约在这方面的想法是正确的。
One is, that to secure at all times the possibility of a definite resolution of the body, it is necessary that the President should have only a casting vote.
一是，为了确保机构在任何时候都有可能做出明确的决议，主席必须只拥有决定性的一票。
And to take the senator of any State from his seat as senator, to place him in that of President of the Senate, would be to exchange, in regard to the State from which he came, a constant for a contingent vote.
剥夺任何州参议员的参议员席位，将他任命为参议院议长，就他来自的州而言，将用一个常数来换取偶然投票。
The other consideration is, that as the Vice-President may occasionally become a substitute for the President, in the supreme executive magistracy, all the reasons which recommend the mode of election prescribed for the one, apply with great if not with equal force to the manner of appointing the other.
另一个考虑因素是，由于副总统有时可能在最高行政长官中替代总统，因此建议为副总统规定的选举方式的所有理由，即使不是同等有效，也同样适用于任命另一名总统的方式。
It is remarkable that in this, as in most other instances, the objection which is made would lie against the constitution of this State.
值得注意的是，正如在大多数其他情况下一样，所提出的反对意见将违反本州的宪法。
We have a Lieutenant-Governor, chosen by the people at large, who presides in the Senate, and is the constitutional substitute for the Governor, in casualties similar to those which would authorize the Vice-President to exercise the authorities and discharge the duties of the President.
我们有一名副州长，由广大人民选出，主持参议院，是宪法规定的总督替代者，其伤亡情况类似于授权副总统行使权力并履行总统职责的情况。
PUBLIUS
普布利乌斯
1.
1.
Vide federal farmer.
韦德联邦农民。
E1.
E1。
Some editions substitute "desired" for "wished for".
有些版本用“desired”代替“wished for”。
FEDERALIST No. 69
联邦党人文集 69 号
The Real Character of the Executive
行政人员的真实性格
From the New York Packet.
来自纽约邮包。
Friday, March 14, 1788.
1788 年 3 月 14 日，星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
I PROCEED now to trace the real characters of the proposed Executive, as they are marked out in the plan of the convention.
我现在继续追踪拟议的行政长官的真正特征，正如大会计划中所标明的那样。
This will serve to place in a strong light the unfairness of the representations which have been made in regard to it.
这将有助于凸显相关陈述的不公平性。
The first thing which strikes our attention is, that the executive authority, with few exceptions, is to be vested in a single magistrate.
首先引起我们注意的是，行政权除少数例外外，都应由一名地方法官行使。
This will scarcely, however, be considered as a point upon which any comparison can be grounded; for if, in this particular, there be a resemblance to the king of Great Britain, there is not less a resemblance to the Grand Seignior, to the khan of Tartary, to the Man of the Seven Mountains, or to the governor of New York.
然而，这几乎不会被视为任何比较的基础；因为，如果在这一点上与大不列颠国王有相似之处，那么与大领主、鞑靼可汗、七山人或纽约总督也同样相似。
That magistrate is to be elected for four years; and is to be re-eligible as often as the people of the United States shall think him worthy of their confidence.
该治安法官的任期为四年；只要美国人民认为他值得信任，就可以重新获得资格。
In these circumstances there is a total dissimilitude between him and a king of Great Britain, who is an hereditary monarch, possessing the crown as a patrimony descendible to his heirs forever; but there is a close analogy between him and a governor of New York, who is elected for three years, and is re-eligible without limitation or intermission.
在这种情况下，他与英国国王之间存在着完全的不同，英国国王是世袭君主，拥有王冠作为遗产，永远传给他的继承人。但他与纽约州州长有一个密切的类比，纽约州州长的任期为三年，并且可以不受限制或间断地重新当选。
If we consider how much less time would be requisite for establishing a dangerous influence in a single State, than for establishing a like influence throughout the United States, we must conclude that a duration of four years for the Chief Magistrate of the Union is a degree of permanency far less to be dreaded in that office, than a duration of three years for a corresponding office in a single State.
如果我们考虑到在一个州建立危险的影响力所需的时间比在整个美国建立类似的影响力所需的时间少得多，我们必须得出结论，联邦首席治安官的任期为四年，在该职位上的永久性程度远远低于在一个州的相应职位的三年任期。
The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.
美国总统可能会受到弹劾、审判，并在被判犯有叛国罪、贿赂罪或其他重罪或轻罪后被免职；随后将根据普通法律程序受到起诉和处罚。
The person of the king of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected without involving the crisis of a national revolution.
英国国王的人身神圣不可侵犯；没有任何宪法法庭可以接受他的管辖；如果不涉及民族革命的危机，他就不可能受到任何惩罚。
In this delicate and important circumstance of personal responsibility, the President of Confederated America would stand upon no better ground than a governor of New York, and upon worse ground than the governors of Maryland and Delaware.
在这种个人责任的微妙而重要的情况下，美利坚联盟国总统的立场不会比纽约州长更好，也不会比马里兰州和特拉华州州长更糟糕。
The President of the United States is to have power to return a bill, which shall have passed the two branches of the legislature, for reconsideration; and the bill so returned is to become a law, if, upon that reconsideration, it be approved by two thirds of both houses.
美国总统有权将已通过立法机关两个分支的法案发回重新审议；如果经过重新审议并获得参众两院三分之二议员的批准，如此退回的法案将成为法律。
The king of Great Britain, on his part, has an absolute negative upon the acts of the two houses of Parliament.
英国国王则对议会两院的行为持绝对反对态度。
The disuse of that power for a considerable time past does not affect the reality of its existence; and is to be ascribed wholly to the crown's having found the means of substituting influence to authority, or the art of gaining a majority in one or the other of the two houses, to the necessity of exerting a prerogative which could seldom be exerted without hazarding some degree of national agitation.
这种权力在过去相当长的一段时间内不再使用，并不影响其存在的现实性；这完全归因于国王找到了用影响力取代权威的手段，或者说在两院中获得多数席位的艺术，以及行使特权的必要性，而这种特权的行使很少会在不冒一定程度的全国性骚动的风险的情况下实现。
The qualified negative of the President differs widely from this absolute negative of the British sovereign; and tallies exactly with the revisionary authority of the council of revision of this State, of which the governor is a constituent part.
总统的限定否定与英国主权的绝对否定有很大不同。并与本州修订委员会的修订权完全一致，州长是该委员会的组成部分。
In this respect the power of the President would exceed that of the governor of New York, because the former would possess, singly, what the latter shares with the chancellor and judges; but it would be precisely the same with that of the governor of Massachusetts, whose constitution, as to this article, seems to have been the original from which the convention have copied.
在这方面，总统的权力将超过纽约州州长的权力，因为前者将单独拥有后者与财政大臣和法官共享的权力；但这与马萨诸塞州州长的宪法完全相同，就该条而言，其宪法似乎是大会抄袭的原件。
The President is to be the "commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States.
总统将成为“美国陆军和海军以及几个州民兵的总司令，当被征召实际为美国服务时”。
He is to have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment; to recommend to the consideration of Congress such measures as he shall judge necessary and expedient; to convene, on extraordinary occasions, both houses of the legislature, or either of them, and, in case of disagreement between them with respect to the time of adjournment, to adjourn them to such time as he shall think proper; to take care that the laws be faithfully executed; and to commission all officers of the United States." In most of these particulars, the power of the President will resemble equally that of the king of Great Britain and of the governor of New York.
他有权对针对美国的罪行给予缓刑和赦免，弹劾案件除外；建议国会考虑他认为必要且有利的措施；在特殊情况下，召集立法机关两院或其中一院，如果两院之间对休会时间存在分歧，则将休会时间推迟到他认为适当的时间；确保法律得到忠实执行；并任命美国所有军官。”在大多数细节中，总统的权力与英国国王和纽约州州长的权力同等。
The most material points of difference are these:--First.
最重要的区别如下：——第一。
The President will have only the occasional command of such part of the militia of the nation as by legislative provision may be called into the actual service of the Union.
总统只能偶尔指挥国家民兵，根据立法规定，这些民兵可以被征召实际为联邦服务。
The king of Great Britain and the governor of New York have at all times the entire command of all the militia within their several jurisdictions.
英国国王和纽约总督在任何时候都拥有其管辖范围内所有民兵的全部指挥权。
In this article, therefore, the power of the President would be inferior to that of either the monarch or the governor.
因此，在本文中，总统的权力低于君主或总督的权力。
Second.
第二。
The President is to be commander-in-chief of the army and navy of the United States.
总统将担任美国陆军和海军的总司令。
In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it.
在这方面，他的权威名义上与英国国王相同，但实质上却逊色得多。
It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies--all which, by the Constitution under consideration, would appertain to the legislature.(1) The governor of New York, on the other hand, is by the constitution of the State vested only with the command of its militia and navy.
它只不过是作为邦联第一将军和海军上将，对陆军和海军部队进行最高指挥和指挥；而英国国王的权力则延伸至宣战以及征集和管理舰队和军队——根据正在考虑的宪法，所有这些都属于立法机关。（1）另一方面，根据州宪法，纽约州州长仅拥有对其民兵和海军的指挥权。
But the constitutions of several of the States expressly declare their governors to be commanders-in-chief, as well of the army as navy; and it may well be a question, whether those of New Hampshire and Massachusetts, in particular, do not, in this instance, confer larger powers upon their respective governors, than could be claimed by a President of the United States.
但一些州的宪法明确宣布其州长为陆军总司令、海军总司令；很可能存在的一个问题是，在这种情况下，新罕布什尔州和马萨诸塞州的州长是否没有赋予各自的州长比美国总统所拥有的更大的权力。
Third.
第三。
The power of the President, in respect to pardons, would extend to all cases, except those of impeachment.
总统在赦免方面的权力将适用于除弹劾案件之外的所有案件。
The governor of New York may pardon in all cases, even in those of impeachment, except for treason and murder.
纽约州州长可以赦免所有案件，即使是弹劾案件，但叛国罪和谋杀罪除外。
Is not the power of the governor, in this article, on a calculation of political consequences, greater than that of the President?
在本文中，在计算政治后果时，州长的权力不是比总统的权力更大吗？
All conspiracies and plots against the government, which have not been matured into actual treason, may be screened from punishment of every kind, by the interposition of the prerogative of pardoning.
所有尚未发展为实际叛国罪的反政府阴谋和阴谋，都可以通过赦免特权的介入而免受各种惩罚。
If a governor of New York, therefore, should be at the head of any such conspiracy, until the design had been ripened into actual hostility he could insure his accomplices and adherents an entire impunity.
因此，如果纽约州州长是任何此类阴谋的带头人，那么在该计划成熟为实际的敌意之前，他可以确保他的同谋和追随者完全不受惩罚。
A President of the Union, on the other hand, though he may even pardon treason, when prosecuted in the ordinary course of law, could shelter no offender, in any degree, from the effects of impeachment and conviction.
另一方面，尽管联邦总统甚至可以赦免叛国罪，但在按照普通法律程序受到起诉时，他不能在任何程度上使任何罪犯免受弹劾和定罪的影响。
Would not the prospect of a total indemnity for all the preliminary steps be a greater temptation to undertake and persevere in an enterprise against the public liberty, than the mere prospect of an exemption from death and confiscation, if the final execution of the design, upon an actual appeal to arms, should miscarry?
如果在实际诉诸武力的情况下最终执行的设计失败了，那么对所有初步步骤进行全额赔偿的前景难道不会比仅仅免除死亡和没收的前景更能诱惑人们从事和坚持一项侵犯公共自由的事业吗？
Would this last expectation have any influence at all, when the probability was computed, that the person who was to afford that exemption might himself be involved in the consequences of the measure, and might be incapacitated by his agency in it from affording the desired impunity?
当计算概率时，最后一个预期是否会产生任何影响，即提供豁免的人自己可能会参与该措施的后果，并且可能因其在其中的代理机构而无法提供所期望的有罪不罚？
The better to judge of this matter, it will be necessary to recollect, that, by the proposed Constitution, the offense of treason is limited "to levying war upon the United States, and adhering to their enemies, giving them aid and comfort"; and that by the laws of New York it is confined within similar bounds.
为了更好地判断这个问题，有必要记住，根据拟议的宪法，叛国罪仅限于“对合众国发动战争，支持他们的敌人，向他们提供援助和安慰”；根据纽约法律，它也受到类似的限制。
Fourth.
第四。
The President can only adjourn the national legislature in the single case of disagreement about the time of adjournment.
总统只能在休会时间出现分歧的情况下才可以休会。
The British monarch may prorogue or even dissolve the Parliament.
英国君主可能会休会甚至解散议会。
The governor of New York may also prorogue the legislature of this State for a limited time; a power which, in certain situations, may be employed to very important purposes.
纽约州州长也可以让本州立法机关在有限时间内休会；在某些情况下，可以用于非常重要的目的的权力。
The President is to have power, with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur.
总统有权在参议院的建议和同意下签订条约，前提是出席的参议员三分之二同意。
The king of Great Britain is the sole and absolute representative of the nation in all foreign transactions.
英国国王是国家在所有对外交易中的唯一且绝对的代表。
He can of his own accord make treaties of peace, commerce, alliance, and of every other description.
他可以自行缔结和平条约、贸易条约、联盟条约以及其他各种条约。
It has been insinuated, that his authority in this respect is not conclusive, and that his conventions with foreign powers are subject to the revision, and stand in need of the ratification, of Parliament.
有人暗示，他在这方面的权威不是决定性的，他与外国势力签订的公约需要经过议会的修订和批准。
But I believe this doctrine was never heard of, until it was broached upon the present occasion.
但我相信这个学说从来没有听说过，直到现在才被提出。
Every jurist(2) of that kingdom, and every other man acquainted with its Constitution, knows, as an established fact, that the prerogative of making treaties exists in the crown in its utmost plentitude; and that the compacts entered into by the royal authority have the most complete legal validity and perfection, independent of any other sanction.
该王国的每一位法学家(2)以及每一位熟悉该国宪法的人都知道，作为既定事实，国王拥有最充分的签订条约的特权。王室当局签订的契约具有最完整的法律效力和完善性，独立于任何其他制裁。
The Parliament, it is true, is sometimes seen employing itself in altering the existing laws to conform them to the stipulations in a new treaty; and this may have possibly given birth to the imagination, that its co-operation was necessary to the obligatory efficacy of the treaty.
确实，有时人们会看到议会致力于修改现有法律，使其符合新条约的规定。这可能会催生这样的想象：其合作对于条约的强制性效力是必要的。
But this parliamentary interposition proceeds from a different cause: from the necessity of adjusting a most artificial and intricate system of revenue and commercial laws, to the changes made in them by the operation of the treaty; and of adapting new provisions and precautions to the new state of things, to keep the machine from running into disorder.
但这种议会干预是出于不同的原因：从调整最人为和最复杂的税收和商业法体系的必要性，到条约的实施对其进行的改变；并根据新的情况采取新的规定和预防措施，以防止机器陷入混乱。
In this respect, therefore, there is no comparison between the intended power of the President and the actual power of the British sovereign.
因此，在这方面，总统的预期权力与英国主权的实际权力之间没有可比性。
The one can perform alone what the other can do only with the concurrence of a branch of the legislature.
一个人可以单独执行另一个人只能在立法机关的一个分支同意的情况下做的事情。
It must be admitted, that, in this instance, the power of the federal Executive would exceed that of any State Executive.
必须承认，在这种情况下，联邦行政机关的权力将超过任何州行政机关的权力。
But this arises naturally from the sovereign power which relates to treaties.
但这自然产生于与条约有关的主权。
If the Confederacy were to be dissolved, it would become a question, whether the Executives of the several States were not solely invested with that delicate and important prerogative.
如果邦联解散，那么问题就来了，几个州的行政长官是否不仅仅拥有这一微妙而重要的特权。
The President is also to be authorized to receive ambassadors and other public ministers.
总统还有权接待大使和其他公共部长。
This, though it has been a rich theme of declamation, is more a matter of dignity than of authority.
尽管这是一个丰富的演讲主题，但更多的是尊严问题而不是权威问题。
It is a circumstance which will be without consequence in the administration of the government; and it was far more convenient that it should be arranged in this manner, than that there should be a necessity of convening the legislature, or one of its branches, upon every arrival of a foreign minister, though it were merely to take the place of a departed predecessor.
这种情况不会对政府的管理产生任何影响；以这种方式安排比每次外交部长到来时都必须召开立法机关或其一个分支会议要方便得多，尽管这只是为了取代已故的前任。
The President is to nominate, and, with the advice and consent of the Senate, to appoint ambassadors and other public ministers, judges of the Supreme Court, and in general all officers of the United States established by law, and whose appointments are not otherwise provided for by the Constitution.
总统负责提名，并在参议院的建议和同意下任命大使和其他公共部长、最高法院法官，以及美国法律规定的所有官员，以及宪法未另行规定其任命的人员。
The king of Great Britain is emphatically and truly styled the fountain of honor.
英国国王确实被称为荣誉之泉。
He not only appoints to all offices, but can create offices.
他不仅可以任命所有办公室，还可以创建办公室。
He can confer titles of nobility at pleasure; and has the disposal of an immense number of church preferments.
他可以随意授予贵族头衔；并拥有大量教会晋升权。
There is evidently a great inferiority in the power of the President, in this particular, to that of the British king; nor is it equal to that of the governor of New York, if we are to interpret the meaning of the constitution of the State by the practice which has obtained under it.
总统的权力，特别是在这一点上，显然远远不如英国国王。如果我们要通过根据州宪法获得的实践来解释州宪法的含义，那么它也不等于纽约州州长的职责。
The power of appointment is with us lodged in a council, composed of the governor and four members of the Senate, chosen by the Assembly.
任命权由我们提交给一个理事会，该理事会由总督和四名参议院成员组成，由议会选出。
The governor claims, and has frequently exercised, the right of nomination, and is entitled to a casting vote in the appointment.
州长声称并经常行使提名权，并有权在任命中投决定票。
If he really has the right of nominating, his authority is in this respect equal to that of the President, and exceeds it in the article of the casting vote.
如果他确实有提名权，那么他的权力在这方面与总统是同等的，而在决定性投票条款上则超过总统。
In the national government, if the Senate should be divided, no appointment could be made; in the government of New York, if the council should be divided, the governor can turn the scale, and confirm his own nomination.(3) If we compare the publicity which must necessarily attend the mode of appointment by the President and an entire branch of the national legislature, with the privacy in the mode of appointment by the governor of New York, closeted in a secret apartment with at most four, and frequently with only two persons; and if we at the same time consider how much more easy it must be to influence the small number of which a council of appointment consists, than the considerable number of which the national Senate would consist, we cannot hesitate to pronounce that the power of the chief magistrate of this State, in the disposition of offices, must, in practice, be greatly superior to that of the Chief Magistrate of the Union.
在国家政府中，如果参议院出现分裂，则不能任命；在纽约州政府中，如果议会要分裂，州长可以扭转局面，确认自己的提名。（3）如果我们将总统和国家立法机关整个部门的任命方式所必须参加的公开性与纽约州州长任命方式中的隐私性进行比较，后者最多可容纳四个人，而且往往只有两个人，封闭在秘密公寓中；如果我们同时考虑到影响任命委员会中的少数人比影响国民参议院中的相当多的人要容易得多，我们就可以毫不犹豫地宣布，本州首席治安法官在职位配置方面的权力实际上必须大大高于联邦首席治安法官的权力。
Hence it appears that, except as to the concurrent authority of the President in the article of treaties, it would be difficult to determine whether that magistrate would, in the aggregate, possess more or less power than the Governor of New York.
因此，除了条约条款中总统的并行权力之外，很难确定该治安法官总体上拥有比纽约州州长更多还是更少的权力。
And it appears yet more unequivocally, that there is no pretense for the parallel which has been attempted between him and the king of Great Britain.
更明确的是，他与英国国王之间的相似之处是毫无借口的。
But to render the contrast in this respect still more striking, it may be of use to throw the principal circumstances of dissimilitude into a closer group.
但为了使这方面的对比更加显着，将差异的主要情况归为更紧密的一组可能会有所帮助。
The President of the United States would be an officer elected by the people for four years; the king of Great Britain is a perpetual and hereditary prince.
美国总统由人民选举产生，任期四年；英国国王是永久的、世袭的王子。
The one would be amenable to personal punishment and disgrace; the person of the other is sacred and inviolable.
一个人会受到个人惩罚和耻辱；对方的人格是神圣不可侵犯的。
The one would have a qualified negative upon the acts of the legislative body; the other has an absolute negative.
该人将对立法机构的行为提出有条件的否定；另一个是绝对否定的。
The one would have a right to command the military and naval forces of the nation; the other, in addition to this right, possesses that of declaring war, and of raising and regulating fleets and armies by his own authority.
有权指挥国家的陆军和海军；另一方除此权利外，还拥有宣战权，以及自行召集和管理舰队和军队的权利。
The one would have a concurrent power with a branch of the legislature in the formation of treaties; the other is the sole possessor of the power of making treaties.
该机构与立法机关的一个部门拥有制定条约的并行权力；另一个是唯一拥有缔约权的人。
The one would have a like concurrent authority in appointing to offices; the other is the sole author of all appointments.
该人在任命职务方面拥有类似的并行权力；另一个是所有任命的唯一作者。
The one can confer no privileges whatever; the other can make denizens of aliens, noblemen of commoners; can erect corporations with all the rights incident to corporate bodies.
一个人不能授予任何特权；另一个可以使居民成为外国人，使平民成为贵族。可以建立具有法人团体附带的所有权利的公司。
The one can prescribe no rules concerning the commerce or currency of the nation; the other is in several respects the arbiter of commerce, and in this capacity can establish markets and fairs, can regulate weights and measures, can lay embargoes for a limited time, can coin money, can authorize or prohibit the circulation of foreign coin.
国家不能制定有关国家商业或货币的任何规则；另一个是在几个方面的商业仲裁者，以这种身份可以建立市场和集市，可以调节度量衡，可以在有限的时间内实行禁运，可以铸造货币，可以授权或禁止外国硬币的流通。
The one has no particle of spiritual jurisdiction; the other is the supreme head and governor of the national church!
一个人没有任何精神管辖权；另一个是国家教会的最高元首和统治者！
What answer shall we give to those who would persuade us that things so unlike resemble each other?
对于那些说服我们相信如此不同的事物却彼此相似的人，我们该如何回答呢？
The same that ought to be given to those who tell us that a government, the whole power of which would be in the hands of the elective and periodical servants of the people, is an aristocracy, a monarchy, and a despotism.
同样的道理也应该给予那些告诉我们政府的全部权力掌握在人民选举产生的定期公仆手中的政府是贵族制、君主制和专制制的人。
PUBLIUS
普布利乌斯
1.
1.
A writer in a Pennsylvania paper, under the signature of TAMONY, has asserted that the king of Great Britain owes his prerogative as commander-in-chief to an annual mutiny bill.
宾夕法尼亚州一份以《塔莫尼》为署名的报纸上的一位撰稿人声称，英国国王的总司令特权归功于一项年度叛变法案。
The truth is, on the contrary, that his prerogative, in this respect, is immemorial, and was only disputed, "contrary to all reason and precedent," as Blackstone vol. i., page 262, expresses it, by the Long Parliament of Charles I.
相反，事实是，他在这方面的特权是远古的，并且只是有争议，“与所有理性和先例相反”，正如《黑石》第 1 卷。 i.，第 262 页，由查理一世的长期议会表达。
but by the statute the 13th of Charles II., chap.
但根据查理二世第十三章的法令。
6, it was declared to be in the king alone, for that the sole supreme government and command of the militia within his Majesty's realms and dominions, and of all forces by sea and land, and of all forts and places of strength, EVER WAS AND IS the undoubted right of his Majesty and his royal predecessors, kings and queens of England, and that both or either house of Parliament cannot nor ought to pretend to the same.
第 6 条宣布，只有国王拥有唯一的最高政府和指挥权，因为国王陛下的领地和领地内的民兵、所有海上和陆地部队、所有要塞和坚固的地方的唯一最高政府和指挥权，无论过去还是现在都是国王陛下和他的皇家前任、英格兰国王和王后毫无疑问的权利，而且议会两院或任何一院不能也不应该假装拥有同样的权利。
2.
2.
Vide Blackstone's Commentaries, Vol I., p.
参见 Blackstone 的评论，第一卷，第 14 页。
257.
257.
3.
3.
Candor, however, demands an acknowledgment that I do not think the claim of the governor to a right of nomination well founded.
然而，坦率地要求承认，我认为州长对提名权的主张没有充分的理由。
Yet it is always justifiable to reason from the practice of a government, till its propriety has been constitutionally questioned.
然而，从政府的实践中进行推理总是合理的，直到其适当性受到宪法质疑为止。
And independent of this claim, when we take into view the other considerations, and pursue them through all their consequences, we shall be inclined to draw much the same conclusion.
独立于这一主张，当我们考虑其他因素并追究它们的所有后果时，我们将倾向于得出大致相同的结论。
FEDERALIST No. 70
联邦党人文集 70 号
The Executive Department Further Considered
执行部进一步审议
From The Independent Journal.
来自独立杂志。
Saturday, March 15, 1788.
1788 年 3 月 15 日，星期六。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THERE is an idea, which is not without its advocates, that a vigorous Executive is inconsistent with the genius of republican government.
有一种观点并非没有拥护者，即强有力的行政部门与共和政府的天才是不一致的。
The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles.
对这种政府的开明支持者至少必须希望这种假设是缺乏基础的。因为他们永远不可能承认其真理，同时又承认对他们自己的原则的谴责。
Energy in the Executive is a leading character in the definition of good government.
行政部门的活力是好政府定义中的主角。
It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.
这对于保护社区免受外国攻击至关重要；这对于法律的稳定执行同样重要；保护财产免受那些有时会干扰正常司法进程的不正常和高压的联合；以保障自由免受野心、派系和无政府主义的企业和攻击。
Every man the least conversant in Roman history, knows how often that republic was obliged to take refuge in the absolute power of a single man, under the formidable title of Dictator, as well against the intrigues of ambitious individuals who aspired to the tyranny, and the seditions of whole classes of the community whose conduct threatened the existence of all government, as against the invasions of external enemies who menaced the conquest and destruction of Rome.
每个对罗马历史最不熟悉的人都知道，这个共和国有多少次不得不在独裁者的可怕头衔下寻求一个人的绝对权力的庇护，同时还要抵御那些渴望暴政的野心勃勃的个人的阴谋，以及其行为威胁到所有政府的存在的整个社会各阶层的叛乱，以及威胁要征服和毁灭罗马的外部敌人的入侵。
There can be no need, however, to multiply arguments or examples on this head.
然而，没有必要在这个问题上增加论据或例子。
A feeble Executive implies a feeble execution of the government.
执行力薄弱意味着政府执行力薄弱。
A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government.
执行力薄弱只是执行力差的另一种说法。一个执行不善的政府，无论理论上如何，在实践中必定是一个糟糕的政府。
Taking it for granted, therefore, that all men of sense will agree in the necessity of an energetic Executive, it will only remain to inquire, what are the ingredients which constitute this energy?
因此，理所当然地认为，所有有理智的人都会同意一个精力充沛的行政机构的必要性，那么剩下的只是询问，构成这种能量的成分是什么？
How far can they be combined with those other ingredients which constitute safety in the republican sense?
它们能与构成共和主义意义上的安全的其他成分结合到什么程度？
And how far does this combination characterize the plan which has been reported by the convention?
这种组合在多大程度上体现了大会报告的计划的特点？
The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers.
构成行政机关活力的要素是：第一，团结；其次，持续时间；第三，提供充分的支持；第四，主管权力。
The ingredients which constitute safety in the republican sense are, first, a due dependence on the people, secondly, a due responsibility.
构成共和意义上的安全的要素，第一是对人民应有的依靠，第二是应有的责任。
Those politicians and statesmen who have been the most celebrated for the soundness of their principles and for the justice of their views, have declared in favor of a single Executive and a numerous legislature.
那些因其原则的健全性和观点的公正性而闻名的政治家和政治家已经宣布支持单一的行政机构和众多的立法机构。
They have with great propriety, considered energy as the most necessary qualification of the former, and have regarded this as most applicable to power in a single hand, while they have, with equal propriety, considered the latter as best adapted to deliberation and wisdom, and best calculated to conciliate the confidence of the people and to secure their privileges and interests.
他们非常恰当地认为，精力是前者最必要的条件，并认为这一点最适用于一手掌握权力，而他们同样恰当地认为，后者最适合深思熟虑和智慧，最有利于安抚人民的信心，确保他们的特权和利益。
That unity is conducive to energy will not be disputed.
团结有利于能源这一点是毋庸置疑的。
Decision, activity, secrecy, and despatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number; and in proportion as the number is increased, these qualities will be diminished.
决策、行动、保密和派遣通常会比任何更多人的行动更显着地表征一个人的行动；随着数量的增加，这些品质将会逐渐减弱。
This unity may be destroyed in two ways: either by vesting the power in two or more magistrates of equal dignity and authority; or by vesting it ostensibly in one man, subject, in whole or in part, to the control and co-operation of others, in the capacity of counsellors to him.
这种团结可能会以两种方式被破坏：要么将权力赋予两个或更多具有同等尊严和权威的法官；或者表面上将其赋予一个人，使他全部或部分地受其他人以顾问的身份控制和合作。
Of the first, the two Consuls of Rome may serve as an example; of the last, we shall find examples in the constitutions of several of the States.
首先，罗马的两位执政官可以作为一个例子；最后，我们可以在几个州的宪法中找到例子。
New York and New Jersey, if I recollect right, are the only States which have intrusted the executive authority wholly to single men.(1) Both these methods of destroying the unity of the Executive have their partisans; but the votaries of an executive council are the most numerous.
如果我没记错的话，纽约州和新泽西州是唯一将行政权完全委托给单身人士的州。（1）这两种破坏行政部门团结的方法都有其支持者；但执行委员会的选民人数最多。
They are both liable, if not to equal, to similar objections, and may in most lights be examined in conjunction.
它们都可能（即使不相等）受到类似的反对意见，并且在大多数情况下可以结合起来进行审查。
The experience of other nations will afford little instruction on this head.
其他国家的经验在这方面几乎没有什么指导意义。
As far, however, as it teaches any thing, it teaches us not to be enamoured of plurality in the Executive.
然而，就其所教导的任何事情而言，它教导我们不要迷恋行政部门的多元化。
We have seen that the Achaeans, on an experiment of two Praetors, were induced to abolish one.
我们已经看到，亚该亚人在对两名执政官进行实验后，被诱导废除了一名执政官。
The Roman history records many instances of mischiefs to the republic from the dissensions between the Consuls, and between the military Tribunes, who were at times substituted for the Consuls.
罗马历史记录了许多执政官之间以及有时取代执政官的军事保民官之间的争执对共和国造成的损害。
But it gives us no specimens of any peculiar advantages derived to the state from the circumstance of the plurality of those magistrates.
但它并没有给我们提供任何例子来说明这些行政官的多数情况给国家带来了任何特殊的优势。
That the dissensions between them were not more frequent or more fatal, is a matter of astonishment, until we advert to the singular position in which the republic was almost continually placed, and to the prudent policy pointed out by the circumstances of the state, and pursued by the Consuls, of making a division of the government between them.
他们之间的分歧并没有变得更加频繁或更加致命，这真是令人惊讶，直到我们注意到共和国几乎一直处于的独特地位，以及国家情况所指出的、执政官们所奉行的审慎政策，即在他们之间划分政府。
The patricians engaged in a perpetual struggle with the plebeians for the preservation of their ancient authorities and dignities; the Consuls, who were generally chosen out of the former body, were commonly united by the personal interest they had in the defense of the privileges of their order.
贵族们为了维护他们古老的权威和尊严而与平民进行着持久的斗争。执政官通常是从前一机构中选出的，他们通常因捍卫其秩序特权的个人利益而团结在一起。
In addition to this motive of union, after the arms of the republic had considerably expanded the bounds of its empire, it became an established custom with the Consuls to divide the administration between themselves by lot--one of them remaining at Rome to govern the city and its environs, the other taking the command in the more distant provinces.
除了这种联合的动机之外，在共和国的势力大大扩展了帝国的疆域之后，执政官们以抽签的方式划分行政管理权成为了一种既定的惯例——其中一个人留在罗马管理城市及其周边地区，另一个人则负责指挥更遥远的省份。
This expedient must, no doubt, have had great influence in preventing those collisions and rivalships which might otherwise have embroiled the peace of the republic.
毫无疑问，这一权宜之计对于防止那些可能危及共和国和平的冲突和竞争产生了巨大的影响。
But quitting the dim light of historical research, attaching ourselves purely to the dictates of reason and good sense, we shall discover much greater cause to reject than to approve the idea of plurality in the Executive, under any modification whatever.
但是，抛开历史研究的昏暗光芒，纯粹依靠理性和理智的指导，我们将发现拒绝比批准行政部门多元化的想法更有理由，无论经过任何修改。
Wherever two or more persons are engaged in any common enterprise or pursuit, there is always danger of difference of opinion.
每当两个或两个以上的人从事任何共同的事业或追求时，总是存在意见分歧的危险。
If it be a public trust or office, in which they are clothed with equal dignity and authority, there is peculiar danger of personal emulation and even animosity.
如果是公共信托或公职，他们在其中享有平等的尊严和权威，那么就会存在个人竞争甚至敌意的特殊危险。
From either, and especially from all these causes, the most bitter dissensions are apt to spring.
无论出于何种原因，特别是由于所有这些原因，都容易引发最激烈的分歧。
Whenever these happen, they lessen the respectability, weaken the authority, and distract the plans and operation of those whom they divide.
每当这种情况发生时，他们就会降低受人尊敬，削弱权威，并分散他们所分裂的人的计划和行动的注意力。
If they should unfortunately assail the supreme executive magistracy of a country, consisting of a plurality of persons, they might impede or frustrate the most important measures of the government, in the most critical emergencies of the state.
如果他们不幸攻击一个由多人组成的国家的最高行政长官，他们可能会在国家最危急的紧急情况下阻碍或挫败政府最重要的措施。
And what is still worse, they might split the community into the most violent and irreconcilable factions, adhering differently to the different individuals who composed the magistracy.
更糟糕的是，他们可能会将社区分裂成最暴力、最不可调和的派别，对组成行政官的不同个人有不同的依附。
Men often oppose a thing, merely because they have had no agency in planning it, or because it may have been planned by those whom they dislike.
人们常常反对一件事，仅仅是因为他们没有机构来计划它，或者因为它可能是由他们不喜欢的人计划的。
But if they have been consulted, and have happened to disapprove, opposition then becomes, in their estimation, an indispensable duty of self-love.
但如果征求了他们的意见，而他们碰巧不同意，那么在他们看来，反对就成了自爱中不可或缺的义务。
They seem to think themselves bound in honor, and by all the motives of personal infallibility, to defeat the success of what has been resolved upon contrary to their sentiments.
他们似乎认为自己受到荣誉的约束，并出于个人正确无误的动机，要挫败与他们的情感相反的决心的成功。
Men of upright, benevolent tempers have too many opportunities of remarking, with horror, to what desperate lengths this disposition is sometimes carried, and how often the great interests of society are sacrificed to the vanity, to the conceit, and to the obstinacy of individuals, who have credit enough to make their passions and their caprices interesting to mankind.
性情正直、仁慈的人有太多的机会惊恐地指出，这种性格有时会达到多么绝望的地步，社会的伟大利益常常被个人的虚荣、自负和固执所牺牲，而这些人有足够的信誉，使他们的激情和任性引起人类的兴趣。
Perhaps the question now before the public may, in its consequences, afford melancholy proofs of the effects of this despicable frailty, or rather detestable vice, in the human character.
也许现在摆在公众面前的问题，从其后果来看，可以提供令人忧郁的证据，证明这种卑鄙的弱点，或者更确切地说是可憎的恶习，对人类性格造成的影响。
Upon the principles of a free government, inconveniences from the source just mentioned must necessarily be submitted to in the formation of the legislature; but it is unnecessary, and therefore unwise, to introduce them into the constitution of the Executive.
根据自由政府的原则，在立法机关的组建过程中，必须要考虑到上述来源带来的不便；但将它们纳入行政机关的章程是没有必要的，因此也是不明智的。
It is here too that they may be most pernicious.
也正是在这里，它们可能是最有害的。
In the legislature, promptitude of decision is oftener an evil than a benefit.
在立法机关，迅速做出决定往往弊大于利。
The differences of opinion, and the jarrings of parties in that department of the government, though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.
政府部门中的意见分歧和党派冲突，虽然有时会阻碍有益的计划，但往往会促进深思熟虑和谨慎行事，并有助于遏制大多数人的过激行为。
When a resolution too is once taken, the opposition must be at an end.
一旦决议通过，反对派就必然结束。
That resolution is a law, and resistance to it punishable.
该决议是一项法律，抵制该决议将受到惩罚。
But no favorable circumstances palliate or atone for the disadvantages of dissension in the executive department.
但任何有利的环境都无法缓解或弥补行政部门内发生分歧所带来的不利影响。
Here, they are pure and unmixed.
在这里，它们是纯粹的、不掺杂的。
There is no point at which they cease to operate.
它们永远不会停止运作。
They serve to embarrass and weaken the execution of the plan or measure to which they relate, from the first step to the final conclusion of it.
它们会阻碍和削弱与其相关的计划或措施的执行，从第一步到最终结论。
They constantly counteract those qualities in the Executive which are the most necessary ingredients in its composition--vigor and expedition, and this without any counterbalancing good.
他们不断地抵消行政部门的那些品质，而这些品质是其构成中最必要的成分——活力和远征，而这没有任何平衡的好处。
In the conduct of war, in which the energy of the Executive is the bulwark of the national security, every thing would be to be apprehended from its plurality.
在战争中，行政部门的力量是国家安全的堡垒，一切事情都应该从其多元化的角度来理解。
It must be confessed that these observations apply with principal weight to the first case supposed--that is, to a plurality of magistrates of equal dignity and authority a scheme, the advocates for which are not likely to form a numerous sect; but they apply, though not with equal, yet with considerable weight to the project of a council, whose concurrence is made constitutionally necessary to the operations of the ostensible Executive.
必须承认，这些意见主要适用于第一种假设的情况，即具有平等尊严和权力的多数法官的计划，其拥护者不太可能形成众多的派别；但它们虽然不是平等的，但却相当重要地适用于理事会的项目，而根据宪法规定，理事会的同意对于表面上的行政机构的运作是必要的。
An artful cabal in that council would be able to distract and to enervate the whole system of administration.
该委员会中狡猾的阴谋集团将能够分散并削弱整个行政系统。
If no such cabal should exist, the mere diversity of views and opinions would alone be sufficient to tincture the exercise of the executive authority with a spirit of habitual feebleness and dilatoriness.
如果不存在这样的阴谋集团，仅仅观点和意见的多样性就足以使行政权力的行使变得习惯性的软弱和拖延。
(But one of the weightiest objections to a plurality in the Executive, and which lies as much against the last as the first plan, is, that it tends to conceal faults and destroy responsibility.
（但对行政部门多数制的最严重反对意见之一是，它倾向于掩盖错误并破坏责任，这与最后一个计划和第一个计划一样重要。
Responsibility is of two kinds--to censure and to punishment.
责任有两种——谴责和惩罚。
The first is the more important of the two, especially in an elective office.
第一个是两者中更重要的一个，尤其是在选举办公室中。
Man, in public trust, will much oftener act in such a manner as to render him unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment.
受到公众信任的人，往往会做出使他不再值得被信任的行为，而不是使他招致法律惩罚的行为。
But the multiplication of the Executive adds to the difficulty of detection in either case.
但行政部门的增加增加了这两种情况的侦查难度。
It often becomes impossible, amidst mutual accusations, to determine on whom the blame or the punishment of a pernicious measure, or series of pernicious measures, ought really to fall.
在相互指责中，往往不可能确定一项或一系列有害措施的责任或惩罚到底应该归咎于谁。
It is shifted from one to another with so much dexterity, and under such plausible appearances, that the public opinion is left in suspense about the real author.
它以如此巧妙的方式从一个转移到另一个，并且在如此看似合理的外表下，以至于公众舆论对真正的作者留下了悬念。
The circumstances which may have led to any national miscarriage or misfortune are sometimes so complicated that, where there are a number of actors who may have had different degrees and kinds of agency, though we may clearly see upon the whole that there has been mismanagement, yet it may be impracticable to pronounce to whose account the evil which may have been incurred is truly chargeable.)(E1)
可能导致任何国家流产或不幸的情况有时是如此复杂，以至于当有许多行为者可能具有不同程度和类型的代理时，尽管我们可以从整体上清楚地看到存在管理不善，但要宣布可能发生的邪恶到底应归咎于谁的责任可能是不切实际的。）（E1）
(But one of the weightiest objections to a plurality in the Executive, and which lies as much against the last as the first plan, is, that it tends to conceal faults and destroy responsibility.
（但对行政部门多数制的最严重反对意见之一是，它倾向于掩盖错误并破坏责任，这与最后一个计划和第一个计划一样重要。
Responsibility is of two kinds--to censure and to punishment.
责任有两种——谴责和惩罚。
The first is the more important of the two, especially in an elective office.
第一个是两者中更重要的一个，尤其是在选举办公室中。
Man, in public trust, will much oftener act in such a manner as to render him unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment.
受到公众信任的人，往往会做出使他不再值得被信任的行为，而不是使他招致法律惩罚的行为。
But the multiplication of the Executive adds to the difficulty of detection in either case.
但行政部门的增加增加了这两种情况的侦查难度。
It often becomes impossible, amidst mutual accusations, to determine on whom the blame or the punishment of a pernicious measure, or series of pernicious measures, ought really to fall.
在相互指责中，往往不可能确定一项或一系列有害措施的责任或惩罚到底应该归咎于谁。
It is shifted from one to another with so much dexterity, and under such plausible appearances, that the public opinion is left in suspense about the real author.
它以如此巧妙的方式从一个转移到另一个，并且在如此看似合理的外表下，以至于公众舆论对真正的作者留下了悬念。
The circumstances which may have led to any national miscarriage or misfortune are sometimes so complicated that, where there are a number of actors who may have had different degrees and kinds of agency, though we may clearly see upon the whole that there has been mismanagement, yet it may be impracticable to pronounce to whose account the evil which may have been incurred is truly chargeable.)(E1)
可能导致任何国家流产或不幸的情况有时是如此复杂，以至于当有许多行为者可能具有不同程度和类型的代理时，尽管我们可以从整体上清楚地看到存在管理不善，但要宣布可能发生的邪恶到底应归咎于谁的责任可能是不切实际的。）（E1）
"I was overruled by my council.
“我被我的委员会否决了。
The council were so divided in their opinions that it was impossible to obtain any better resolution on the point." These and similar pretexts are constantly at hand, whether true or false.
委员会的意见分歧很大，不可能就这一问题达成更好的解决方案。”这些借口和类似的借口总是随处可见，无论真假。
And who is there that will either take the trouble or incur the odium, of a strict scrutiny into the secret springs of the transaction?
谁会不厌其烦地对交易的秘密进行严格审查呢？
Should there be found a citizen zealous enough to undertake the unpromising task, if there happen to be collusion between the parties concerned, how easy it is to clothe the circumstances with so much ambiguity, as to render it uncertain what was the precise conduct of any of those parties?
如果有一个公民足够热心地承担这项没有希望的任务，如果有关各方之间碰巧存在勾结，那么很容易使情况变得如此模糊，以至于无法确定这些各方的具体行为是什么？
In the single instance in which the governor of this State is coupled with a council--that is, in the appointment to offices, we have seen the mischiefs of it in the view now under consideration.
在本州州长与议会结合的单一实例中，即在任命官员时，我们已经在现在正在考虑的观点中看到了它的危害。
Scandalous appointments to important offices have been made.
一些重要职位的任命是可耻的。
Some cases, indeed, have been so flagrant that ALL PARTIES have agreed in the impropriety of the thing.
事实上，有些案件是如此明目张胆，以至于所有各方都同意这件事是不正当的。
When inquiry has been made, the blame has been laid by the governor on the members of the council, who, on their part, have charged it upon his nomination; while the people remain altogether at a loss to determine, by whose influence their interests have been committed to hands so unqualified and so manifestly improper.
当进行调查时，总督将责任归咎于理事会成员，而理事会成员则将此事归咎于他的提名；而人民却完全不知所措，因为他们的影响，他们的利益被交到了如此不合格、如此明显不正当的手中。
In tenderness to individuals, I forbear to descend to particulars.
出于对个人的温柔，我避免谈及细节。
It is evident from these considerations, that the plurality of the Executive tends to deprive the people of the two greatest securities they can have for the faithful exercise of any delegated power, first, the restraints of public opinion, which lose their efficacy, as well on account of the division of the censure attendant on bad measures among a number, as on account of the uncertainty on whom it ought to fall; and, second, the opportunity of discovering with facility and clearness the misconduct of the persons they trust, in order either to their removal from office or to their actual punishment in cases which admit of it.
从这些考虑中可以明显看出，行政机关的多数制往往会剥夺人民在忠实行使任何委托权力时所能拥有的两项最大的保障：第一，公众舆论的限制，这种限制失去了效力，同时也由于对不良措施的谴责分散在许多人身上，以及由于不确定应该落在谁身上；第二，公众舆论的限制失去了效力。其次，有机会轻松而清晰地发现他们所信任的人的不当行为，以便将他们免职，或者在承认有不当行为的情况下对其进行实际惩罚。
In England, the king is a perpetual magistrate; and it is a maxim which has obtained for the sake of the public peace, that he is unaccountable for his administration, and his person sacred.
在英格兰，国王是永久的地方法官。这是为了公共和平而制定的一条格言，即他不对他的行政和他的个人神圣负责。
Nothing, therefore, can be wiser in that kingdom, than to annex to the king a constitutional council, who may be responsible to the nation for the advice they give.
因此，在这个王国里，没有什么比为国王设立一个宪法委员会更明智的了，该委员会可以对他们提出的建议向国家负责。
Without this, there would be no responsibility whatever in the executive department an idea inadmissible in a free government.
如果没有这一点，行政部门就不会承担任何在自由政府中不可接受的想法的责任。
But even there the king is not bound by the resolutions of his council, though they are answerable for the advice they give.
但即便如此，国王也不受议会决议的约束，尽管他们对自己提出的建议负责。
He is the absolute master of his own conduct in the exercise of his office, and may observe or disregard the counsel given to him at his sole discretion.
他在履行职责时对自己的行为有绝对的掌控权，并可以自行决定遵守或忽视向他提供的建议。
But in a republic, where every magistrate ought to be personally responsible for his behavior in office the reason which in the British Constitution dictates the propriety of a council, not only ceases to apply, but turns against the institution.
但在共和政体中，每位治安法官都应对其在职行为负责，英国宪法中规定理事会正当性的理由不仅不再适用，而且还与该机构背道而驰。
In the monarchy of Great Britain, it furnishes a substitute for the prohibited responsibility of the chief magistrate, which serves in some degree as a hostage to the national justice for his good behavior.
在英国君主政体中，它提供了首席治安官被禁止的责任的替代品，而首席治安官的良好行为在某种程度上成为国家司法的人质。
In the American republic, it would serve to destroy, or would greatly diminish, the intended and necessary responsibility of the Chief Magistrate himself.
在美利坚共和国，这将破坏或极大地削弱首席治安官本人的预期和必要的责任。
The idea of a council to the Executive, which has so generally obtained in the State constitutions, has been derived from that maxim of republican jealousy which considers power as safer in the hands of a number of men than of a single man.
行政委员会的想法在各州宪法中普遍存在，它源于共和主义嫉妒的格言，即认为权力掌握在多人手中比掌握在一个人手中更安全。
If the maxim should be admitted to be applicable to the case, I should contend that the advantage on that side would not counterbalance the numerous disadvantages on the opposite side.
如果这条格言被承认适用于本案，我应该认为，一方的优势不会抵消另一方的众多劣势。
But I do not think the rule at all applicable to the executive power.
但我认为这条规则根本不适用于行政权力。
I clearly concur in opinion, in this particular, with a writer whom the celebrated Junius pronounces to be "deep, solid, and ingenious," that "the executive power is more easily confined when it is ONE";(2) that it is far more safe there should be a single object for the jealousy and watchfulness of the people; and, in a word, that all multiplication of the Executive is rather dangerous than friendly to liberty.
I clearly concur in opinion, in this particular, with a writer whom the celebrated Junius pronounces to be "deep, solid, and ingenious," that "the executive power is more easily confined when it is ONE";(2) that it is far more safe there should be a single object for the jealousy and watchfulness of the people;总而言之，所有行政机构的扩大对自由来说都是危险而不是友好的。
A little consideration will satisfy us, that the species of security sought for in the multiplication of the Executive, is unattainable.
只要稍微考虑一下，我们就会确信，通过增加行政机构所寻求的那种安全感是无法实现的。
Numbers must be so great as to render combination difficult, or they are rather a source of danger than of security.
数量必须大到使组合变得困难，否则它们将成为危险的来源而不是安全的来源。
The united credit and influence of several individuals must be more formidable to liberty, than the credit and influence of either of them separately.
The united credit and influence of several individuals must be more formidable to liberty, than the credit and influence of either of them separately.
When power, therefore, is placed in the hands of so small a number of men, as to admit of their interests and views being easily combined in a common enterprise, by an artful leader, it becomes more liable to abuse, and more dangerous when abused, than if it be lodged in the hands of one man; who, from the very circumstance of his being alone, will be more narrowly watched and more readily suspected, and who cannot unite so great a mass of influence as when he is associated with others.
因此，当权力掌握在极少数人的手中，并且承认他们的利益和观点很容易被一个狡猾的领导者结合到一个共同的事业中时，权力就变得更容易被滥用，而且在滥用时比权力掌握在一个人的手中更危险。他单独一人时，就会受到更严密的监视，更容易受到怀疑，而且他无法像与他人交往时那样团结起如此大的影响力。
The Decemvirs of Rome, whose name denotes their number,(3) were more to be dreaded in their usurpation than any ONE of them would have been.
罗马的十人组（他们的名字代表了他们的人数）（3），他们的篡夺行为比他们中的任何一个人都更可怕。
No person would think of proposing an Executive much more numerous than that body; from six to a dozen have been suggested for the number of the council.
没有人会想到提议设立一个比该机构人数多得多的执行委员会。理事会的人数建议从六人到十人。
The extreme of these numbers, is not too great for an easy combination; and from such a combination America would have more to fear, than from the ambition of any single individual.
这些数字的极端值对于简单组合来说并不算太大；与任何一个人的野心相比，美国对这样一个联合体的恐惧更为可怕。
A council to a magistrate, who is himself responsible for what he does, are generally nothing better than a clog upon his good intentions, are often the instruments and accomplices of his bad and are almost always a cloak to his faults.
地方法官本身要对自己的所作所为负责，因此，他的委员会通常无异于阻碍他的良好意图，常常成为他的坏事的工具和同谋，而且几乎总是掩盖他的过失。
I forbear to dwell upon the subject of expense; though it be evident that if the council should be numerous enough to answer the principal end aimed at by the institution, the salaries of the members, who must be drawn from their homes to reside at the seat of government, would form an item in the catalogue of public expenditures too serious to be incurred for an object of equivocal utility.
我不再详细讨论费用这个话题。 though it be evident that if the council should be numerous enough to answer the principal end aimed at by the institution, the salaries of the members, who must be drawn from their homes to reside at the seat of government, would form an item in the catalogue of public expenditures too serious to be incurred for an object of equivocal utility.
I will only add that, prior to the appearance of the Constitution, I rarely met with an intelligent man from any of the States, who did not admit, as the result of experience, that the UNITY of the executive of this State was one of the best of the distinguishing features of our constitution.
我只想补充一点，在宪法出现之前，我很少遇到任何一个州的聪明人，根据经验，他不承认本州行政机构的统一是我们宪法的最佳显着特征之一。
PUBLIUS
普布利乌斯
1.
1.
New York has no council except for the single purpose of appointing to offices; New Jersey has a council whom the governor may consult.
纽约没有议会，除了任命官员的唯一目的外；新泽西州设有一个理事会，州长可以向其咨询。
But I think, from the terms of the constitution, their resolutions do not bind him.
但我认为，从宪法的条款来看，他们的决议对他没有约束力。
2.
2.
De Lolme.
德·洛尔姆.
3.
3.
Ten.
十。
E1.
E1。
Two versions of these paragraphs appear in different editions.
这些段落的两个版本出现在不同的版本中。
FEDERALIST No. 71
联邦党人文集 71 号
The Duration in Office of the Executive
行政长官任期
From the New York Packet.
来自纽约邮包。
Tuesday, March 18, 1788.
1788 年 3 月 18 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
DURATION in office has been mentioned as the second requisite to the energy of the Executive authority.
任职期限被认为是行政权力的第二个必要条件。
This has relation to two objects: to the personal firmness of the executive magistrate, in the employment of his constitutional powers; and to the stability of the system of administration which may have been adopted under his auspices.
这与两个目标有关：与行政法官在行使宪法权力时的个人坚定性有关；以及在他的主持下可能采用的行政系统的稳定性。
With regard to the first, it must be evident, that the longer the duration in office, the greater will be the probability of obtaining so important an advantage.
With regard to the first, it must be evident, that the longer the duration in office, the greater will be the probability of obtaining so important an advantage.
It is a general principle of human nature, that a man will be interested in whatever he possesses, in proportion to the firmness or precariousness of the tenure by which he holds it; will be less attached to what he holds by a momentary or uncertain title, than to what he enjoys by a durable or certain title; and, of course, will be willing to risk more for the sake of the one, than for the sake of the other.
It is a general principle of human nature, that a man will be interested in whatever he possesses, in proportion to the firmness or precariousness of the tenure by which he holds it;比起他所拥有的暂时或不确定的所有权，他会更重视他通过持久或确定的所有权而享有的东西；当然，他们愿意为了一方而不是另一方冒更多的风险。
This remark is not less applicable to a political privilege, or honor, or trust, than to any article of ordinary property.
这句话同样适用于政治特权、荣誉或信托，正如适用于任何普通财产一样。
The inference from it is, that a man acting in the capacity of chief magistrate, under a consciousness that in a very short time he MUST lay down his office, will be apt to feel himself too little interested in it to hazard any material censure or perplexity, from the independent exertion of his powers, or from encountering the ill-humors, however transient, which may happen to prevail, either in a considerable part of the society itself, or even in a predominant faction in the legislative body.
由此推论，一个以首席法官的身份行事的人，在意识到他必须在很短的时间内辞去自己的职务的情况下，很容易感到自己对此太不感兴趣，以至于不会因为独立行使权力而受到任何实质性的谴责或困惑，也不会因为遇到可能碰巧盛行的不良情绪而受到任何实质性的谴责或困惑，无论这种情绪多么短暂，这种情绪可能发生在社会本身的相当大一部分中，甚至在立法机构的一个主要派系中。身体。
If the case should only be, that he MIGHT lay it down, unless continued by a new choice, and if he should be desirous of being continued, his wishes, conspiring with his fears, would tend still more powerfully to corrupt his integrity, or debase his fortitude.
If the case should only be, that he MIGHT lay it down, unless continued by a new choice, and if he should be desirous of being continued, his wishes, conspiring with his fears, would tend still more powerfully to corrupt his integrity, or debase his fortitude.
In either case, feebleness and irresolution must be the characteristics of the station.
无论哪种情况，软弱和优柔寡断必定是该站的特征。
There are some who would be inclined to regard the servile pliancy of the Executive to a prevailing current, either in the community or in the legislature, as its best recommendation.
有些人倾向于认为行政部门对社会或立法机关的主流潮流的奴性顺从是最好的建议。
But such men entertain very crude notions, as well of the purposes for which government was instituted, as of the true means by which the public happiness may be promoted.
But such men entertain very crude notions, as well of the purposes for which government was instituted, as of the true means by which the public happiness may be promoted.
The republican principle demands that the deliberate sense of the community should govern the conduct of those to whom they intrust the management of their affairs; but it does not require an unqualified complaisance to every sudden breeze of passion, or to every transient impulse which the people may receive from the arts of men, who flatter their prejudices to betray their interests.
The republican principle demands that the deliberate sense of the community should govern the conduct of those to whom they intrust the management of their affairs; but it does not require an unqualified complaisance to every sudden breeze of passion, or to every transient impulse which the people may receive from the arts of men, who flatter their prejudices to betray their interests.
It is a just observation, that the people commonly INTEND the PUBLIC GOOD.
这是一个公正的观察，人们普遍都希望公共利益。
This often applies to their very errors.
这通常适用于他们的错误。
But their good sense would despise the adulator who should pretend that they always REASON RIGHT about the MEANS of promoting it.
但他们的良好判断力会鄙视那些假装自己在推广方式上总是有道理的奉承者。
They know from experience that they sometimes err; and the wonder is that they so seldom err as they do, beset, as they continually are, by the wiles of parasites and sycophants, by the snares of the ambitious, the avaricious, the desperate, by the artifices of men who possess their confidence more than they deserve it, and of those who seek to possess rather than to deserve it.
他们从经验中知道，他们有时会犯错； and the wonder is that they so seldom err as they do, beset, as they continually are, by the wiles of parasites and sycophants, by the snares of the ambitious, the avaricious, the desperate, by the artifices of men who possess their confidence more than they deserve it, and of those who seek to possess rather than to deserve it.
When occasions present themselves, in which the interests of the people are at variance with their inclinations, it is the duty of the persons whom they have appointed to be the guardians of those interests, to withstand the temporary delusion, in order to give them time and opportunity for more cool and sedate reflection.
When occasions present themselves, in which the interests of the people are at variance with their inclinations, it is the duty of the persons whom they have appointed to be the guardians of those interests, to withstand the temporary delusion, in order to give them time and opportunity for more cool and sedate reflection.
Instances might be cited in which a conduct of this kind has saved the people from very fatal consequences of their own mistakes, and has procured lasting monuments of their gratitude to the men who had courage and magnanimity enough to serve them at the peril of their displeasure.
可以举出这样的例子，在这些例子中，这种行为使人民免于因自己的错误而遭受致命的后果，并为那些有足够勇气和宽宏大量的人冒着他们不高兴的危险为他们服务的人建立了永久的感激之情。
But however inclined we might be to insist upon an unbounded complaisance in the Executive to the inclinations of the people, we can with no propriety contend for a like complaisance to the humors of the legislature.
But however inclined we might be to insist upon an unbounded complaisance in the Executive to the inclinations of the people, we can with no propriety contend for a like complaisance to the humors of the legislature.
The latter may sometimes stand in opposition to the former, and at other times the people may be entirely neutral.
后者有时可能与前者对立，而有时人民可能完全中立。
In either supposition, it is certainly desirable that the Executive should be in a situation to dare to act his own opinion with vigor and decision.
无论哪种假设，行政部门都应该敢于积极果断地表达自己的意见，这当然是可取的。
The same rule which teaches the propriety of a partition between the various branches of power, teaches us likewise that this partition ought to be so contrived as to render the one independent of the other.
同样的规则教导了不同权力部门之间划分的适当性，同样也教导我们，这种划分应该被设计成使一个权力部门独立于另一个权力部门。
To what purpose separate the executive or the judiciary from the legislative, if both the executive and the judiciary are so constituted as to be at the absolute devotion of the legislative?
To what purpose separate the executive or the judiciary from the legislative, if both the executive and the judiciary are so constituted as to be at the absolute devotion of the legislative?
Such a separation must be merely nominal, and incapable of producing the ends for which it was established.
这种分离必定只是名义上的，并且无法达到其建立的目的。
It is one thing to be subordinate to the laws, and another to be dependent on the legislative body.
服从法律是一回事，依赖立法机关又是另一回事。
The first comports with, the last violates, the fundamental principles of good government; and, whatever may be the forms of the Constitution, unites all power in the same hands.
第一个符合善政的基本原则，而最后一个则违反了善政的基本原则。而且，无论宪法的形式如何，它都将所有权力统一在同一个人手中。
The tendency of the legislative authority to absorb every other, has been fully displayed and illustrated by examples in some preceding numbers.
立法机关吸收其他一切的倾向，在前面的一些例子中已得到充分的展示和说明。
In governments purely republican, this tendency is almost irresistible.
在纯粹的共和政府中，这种趋势几乎是不可抗拒的。
The representatives of the people, in a popular assembly, seem sometimes to fancy that they are the people themselves, and betray strong symptoms of impatience and disgust at the least sign of opposition from any other quarter; as if the exercise of its rights, by either the executive or judiciary, were a breach of their privilege and an outrage to their dignity.
The representatives of the people, in a popular assembly, seem sometimes to fancy that they are the people themselves, and betray strong symptoms of impatience and disgust at the least sign of opposition from any other quarter;仿佛行政机关或司法机关行使其权利就侵犯了他们的特权并侵犯了他们的尊严。
They often appear disposed to exert an imperious control over the other departments; and as they commonly have the people on their side, they always act with such momentum as to make it very difficult for the other members of the government to maintain the balance of the Constitution.
他们常常显得倾向于对其他部门施加专横的控制。 and as they commonly have the people on their side, they always act with such momentum as to make it very difficult for the other members of the government to maintain the balance of the Constitution.
It may perhaps be asked, how the shortness of the duration in office can affect the independence of the Executive on the legislature, unless the one were possessed of the power of appointing or displacing the other.
也许有人会问，任期短如何会影响行政机关相对于立法机关的独立性，除非立法机关拥有任命或罢免对方的权力。
One answer to this inquiry may be drawn from the principle already remarked that is, from the slender interest a man is apt to take in a short-lived advantage, and the little inducement it affords him to expose himself, on account of it, to any considerable inconvenience or hazard.
对这个问题的一个答案可以从已经提到过的原则中得出，即，一个人容易对短暂的利益产生微薄的兴趣，而这小小的诱因使他因此而使自己暴露在任何相当大的不便或危险之中。
Another answer, perhaps more obvious, though not more conclusive, will result from the consideration of the influence of the legislative body over the people; which might be employed to prevent the re-election of a man who, by an upright resistance to any sinister project of that body, should have made himself obnoxious to its resentment.
另一个答案也许更明显，但不是更结论性的，它将产生于考虑立法机构对人民的影响力；这可能会被用来阻止一个人再次当选，因为他公然抵制该机构的任何邪恶计划，本应使自己受到该机构的憎恨。
It may be asked also, whether a duration of four years would answer the end proposed; and if it would not, whether a less period, which would at least be recommended by greater security against ambitious designs, would not, for that reason, be preferable to a longer period, which was, at the same time, too short for the purpose of inspiring the desired firmness and independence of the magistrate.
还可能有人问，四年的期限是否能达到所提议的目标？如果不是这样，那么较短的期限（至少可以通过更大的安全性来防止野心勃勃的图谋）是否会比较长的期限更可取，同时，较长的期限对于激发地方法官所期望的坚定性和独立性来说太短了。
It cannot be affirmed, that a duration of four years, or any other limited duration, would completely answer the end proposed; but it would contribute towards it in a degree which would have a material influence upon the spirit and character of the government.
不能断言四年的期限或任何其他有限的期限是否能完全满足所提议的目标；但它会在一定程度上对政府的精神和性格产生实质性影响。
Between the commencement and termination of such a period, there would always be a considerable interval, in which the prospect of annihilation would be sufficiently remote, not to have an improper effect upon the conduct of a man indued with a tolerable portion of fortitude; and in which he might reasonably promise himself, that there would be time enough before it arrived, to make the community sensible of the propriety of the measures he might incline to pursue.
在这样一个时期的开始和结束之间，总会有一段相当长的间隔，在这段时间里，毁灭的前景足够遥远，不会对一个具有一定毅力的人的行为产生不适当的影响；他可以合理地向自己保证，在它到来之前会有足够的时间，让社会意识到他可能倾向于采取的措施的适当性。
Though it be probable that, as he approached the moment when the public were, by a new election, to signify their sense of his conduct, his confidence, and with it his firmness, would decline; yet both the one and the other would derive support from the opportunities which his previous continuance in the station had afforded him, of establishing himself in the esteem and good-will of his constituents.
Though it be probable that, as he approached the moment when the public were, by a new election, to signify their sense of his conduct, his confidence, and with it his firmness, would decline;然而，他们双方都会从他先前继续任职所提供的机会中获得支持，从而赢得选民的尊重和善意。
He might, then, hazard with safety, in proportion to the proofs he had given of his wisdom and integrity, and to the title he had acquired to the respect and attachment of his fellow-citizens.
那么，他可能会冒安全风险，这与他所证明的智慧和正直以及他获得的同胞们的尊重和依恋的头衔成正比。
As, on the one hand, a duration of four years will contribute to the firmness of the Executive in a sufficient degree to render it a very valuable ingredient in the composition; so, on the other, it is not enough to justify any alarm for the public liberty.
一方面，四年的任期将在很大程度上增强执行委员会的坚定性，使其成为组成中非常有价值的组成部分；因此，另一方面，这不足以证明对公共自由的任何警报是合理的。
If a British House of Commons, from the most feeble beginnings, FROM THE MERE POWER OF ASSENTING OR DISAGREEING TO THE IMPOSITION OF A NEW TAX, have, by rapid strides, reduced the prerogatives of the crown and the privileges of the nobility within the limits they conceived to be compatible with the principles of a free government, while they raised themselves to the rank and consequence of a coequal branch of the legislature; if they have been able, in one instance, to abolish both the royalty and the aristocracy, and to overturn all the ancient establishments, as well in the Church as State; if they have been able, on a recent occasion, to make the monarch tremble at the prospect of an innovation(1) attempted by them, what would be to be feared from an elective magistrate of four years' duration, with the confined authorities of a President of the United States?
如果英国下议院从最微弱的开始，从仅仅同意或不同意征收新税的权力，已经在他们认为与自由政府原则相容的范围内迅速减少了王室的特权和贵族的特权，同时他们将自己提升到了立法机关中平等分支的地位和影响；如果他们能够在某一情况下废除王室和贵族，并推翻所有古老的制度，以及教会和国家的制度；如果他们在最近的一次事件中能够让君主对他们尝试的一项创新（1）的前景感到颤抖，那么对于一个任期四年、权力有限的美国总统的选举法官来说，还有什么好怕的呢？
What, but that he might be unequal to the task which the Constitution assigns him?
难道不是他可能无法胜任宪法赋予他的任务吗？
I shall only add, that if his duration be such as to leave a doubt of his firmness, that doubt is inconsistent with a jealousy of his encroachments.
我只想补充一点，如果他的持续时间足以让人对他的坚定性产生怀疑，那么这种怀疑与对他的侵犯的嫉妒是不一致的。
PUBLIUS
普布利乌斯
1.
1.
This was the case with respect to Mr. Fox's India bill, which was carried in the House of Commons, and rejected in the House of Lords, to the entire satisfaction, as it is said, of the people.
福克斯先生的印度法案就是这种情况，该法案在下议院获得通过，在上议院被否决，据说，人民对此十分满意。
FEDERALIST No. 72
联邦党人文集 72 号
The Same Subject Continued, and Re-Eligibility of the Executive Considered.
同一主题仍在继续，并考虑了行政人员的重新资格。
From The Independent Journal.
来自独立杂志。
Wednesday, March 19, 1788.
1788 年 3 月 19 日星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most usual, and perhaps its most precise signification.
从最广泛的意义上来说，政府行政包括政治体的所有运作，无论是立法、行政还是司法；但它是最常见的，也许也是最精确的含义。
it is limited to executive details, and falls peculiarly within the province of the executive department.
它仅限于行政细节，并且特别属于行政部门的职权范围。
The actual conduct of foreign negotiations, the preparatory plans of finance, the application and disbursement of the public moneys in conformity to the general appropriations of the legislature, the arrangement of the army and navy, the directions of the operations of war--these, and other matters of a like nature, constitute what seems to be most properly understood by the administration of government.
对外谈判的实际进行、财政的准备计划、根据立法机关的一般拨款使用和支付公共资金、陆军和海军的安排、战争行动的方向——这些以及其他类似性质的事项，构成了政府行政部门似乎最正确理解的内容。
The persons, therefore, to whose immediate management these different matters are committed, ought to be considered as the assistants or deputies of the chief magistrate, and on this account, they ought to derive their offices from his appointment, at least from his nomination, and ought to be subject to his superintendence.
因此，直接管理这些不同事务的人员应被视为首席治安官的助理或副手，因此，他们的职务应由首席治安官的任命（至少是由他的提名）获得，并应受他的监督。
This view of the subject will at once suggest to us the intimate connection between the duration of the executive magistrate in office and the stability of the system of administration.
这种对这个问题的看法将立即向我们表明行政法官的任职期限与行政系统的稳定性之间的密切联系。
To reverse and undo what has been done by a predecessor, is very often considered by a successor as the best proof he can give of his own capacity and desert; and in addition to this propensity, where the alteration has been the result of public choice, the person substituted is warranted in supposing that the dismission of his predecessor has proceeded from a dislike to his measures; and that the less he resembles him, the more he will recommend himself to the favor of his constituents.
后继者常常认为扭转和撤销前任所做的事情是他能给出自己的能力和应得的最好证明。除了这种倾向之外，如果改变是公共选择的结果，则被取代的人有理由认为其前任的解雇是出于对其措施的厌恶；他越不像他，他就越会推荐自己去赢得选民的青睐。
These considerations, and the influence of personal confidences and attachments, would be likely to induce every new President to promote a change of men to fill the subordinate stations; and these causes together could not fail to occasion a disgraceful and ruinous mutability in the administration of the government.
这些考虑，以及个人信心和依恋的影响，很可能会促使每一位新总统推动更换下属职位的人选。这些原因加在一起，必然会导致政府管理出现可耻的、毁灭性的变化。
With a positive duration of considerable extent, I connect the circumstance of re-eligibility.
随着相当大程度的积极持续时间，我联系了重新获得资格的情况。
The first is necessary to give to the officer himself the inclination and the resolution to act his part well, and to the community time and leisure to observe the tendency of his measures, and thence to form an experimental estimate of their merits.
首先，必须给予官员本人做好自己职责的意愿和决心，并给予社会时间和闲暇来观察其措施的倾向，从而对其优点进行实验性评估。
The last is necessary to enable the people, when they see reason to approve of his conduct, to continue him in his station, in order to prolong the utility of his talents and virtues, and to secure to the government the advantage of permanency in a wise system of administration.
最后一点是必要的，以便人民在看到有理由认可他的行为时，让他继续担任他的职位，以延长他的才能和美德的效用，并确保政府在明智的管理体系中获得永久的优势。
Nothing appears more plausible at first sight, nor more ill-founded upon close inspection, than a scheme which in relation to the present point has had some respectable advocates--I mean that of continuing the chief magistrate in office for a certain time, and then excluding him from it, either for a limited period or forever after.
乍看之下，没有什么比在目前这一点上得到了一些值得尊敬的拥护者的计划更合理的，也没有比仔细检查更站不住脚的了——我的意思是，让首席治安官继续任职一段时间，然后将他排除在职，要么在有限的时期内，要么永远之后。
This exclusion, whether temporary or perpetual, would have nearly the same effects, and these effects would be for the most part rather pernicious than salutary.
这种排斥，无论是暂时的还是永久的，都会产生几乎相同的影响，而且这些影响在很大程度上是有害的，而不是有益的。
One ill effect of the exclusion would be a diminution of the inducements to good behavior.
排除的一个不良影响是减少良好行为的诱因。
There are few men who would not feel much less zeal in the discharge of a duty when they were conscious that the advantages of the station with which it was connected must be relinquished at a determinate period, than when they were permitted to entertain a hope of obtaining, by meriting, a continuance of them.
当人们意识到必须在一定时期内放弃与之相关的职位优势时，几乎没有人会感到履行职责的热情比他们被允许抱有通过功绩获得延续这些优势的希望时要小得多。
This position will not be disputed so long as it is admitted that the desire of reward is one of the strongest incentives of human conduct; or that the best security for the fidelity of mankind is to make their interests coincide with their duty.
只要承认奖赏欲望是人类行为最强烈的动机之一，这一立场就不会受到争议。或者说，人类忠诚的最佳保障就是使他们的利益与他们的义务相一致。
Even the love of fame, the ruling passion of the noblest minds, which would prompt a man to plan and undertake extensive and arduous enterprises for the public benefit, requiring considerable time to mature and perfect them, if he could flatter himself with the prospect of being allowed to finish what he had begun, would, on the contrary, deter him from the undertaking, when he foresaw that he must quit the scene before he could accomplish the work, and must commit that, together with his own reputation, to hands which might be unequal or unfriendly to the task.
即使是对名誉的热爱，最高尚思想的主导热情，会促使一个人为了公共利益而计划和开展广泛而艰巨的事业，需要相当长的时间来成熟和完善它们，如果他能够自以为能够完成他已经开始的事情，相反，当他预见到他必须在完成这项工作之前离开现场，并且必须将其连同他自己的声誉一起交给可能不平等或不友好的人时，相反，也会阻止他从事这项事业。到任务。
The most to be expected from the generality of men, in such a situation, is the negative merit of not doing harm, instead of the positive merit of doing good.
在这种情况下，对一般人来说，最值得期待的是不作恶的恶功德，而不是行善的功德。
Another ill effect of the exclusion would be the temptation to sordid views, to peculation, and, in some instances, to usurpation.
排斥的另一个不良影响是诱惑肮脏的观点、投机行为，在某些情况下甚至是篡夺。
An avaricious man, who might happen to fill the office, looking forward to a time when he must at all events yield up the emoluments he enjoyed, would feel a propensity, not easy to be resisted by such a man, to make the best use of the opportunity he enjoyed while it lasted, and might not scruple to have recourse to the most corrupt expedients to make the harvest as abundant as it was transitory; though the same man, probably, with a different prospect before him, might content himself with the regular perquisites of his situation, and might even be unwilling to risk the consequences of an abuse of his opportunities.
一个贪婪的人，如果碰巧担任了这个职位，期待着无论如何都必须放弃他所享受的报酬的时候，他会感到一种不容易被这样的人抗拒的倾向，即在机会持续的时候充分利用他所享受的机会，并且可能会毫不犹豫地诉诸最腐败的权宜之计，以使收成尽可能丰富，因为它是短暂的；尽管同一个人可能面临着不同的前景，但他可能会满足于自己处境中的常规津贴，甚至可能不愿意冒滥用机会的后果的风险。
His avarice might be a guard upon his avarice.
他的贪婪可能是他贪婪的守卫。
Add to this that the same man might be vain or ambitious, as well as avaricious.
除此之外，同一个人可能是虚荣的、野心勃勃的，也可能是贪婪的。
And if he could expect to prolong his honors by his good conduct, he might hesitate to sacrifice his appetite for them to his appetite for gain.
如果他能期望通过自己的良好行为来延长自己的荣誉，他可能会犹豫是否要牺牲自己对荣誉的渴望而牺牲自己对利益的渴望。
But with the prospect before him of approaching an inevitable annihilation, his avarice would be likely to get the victory over his caution, his vanity, or his ambition.
但面对不可避免的毁灭的前景，他的贪婪很可能会战胜他的谨慎、虚荣心或野心。
An ambitious man, too, when he found himself seated on the summit of his country's honors, when he looked forward to the time at which he must descend from the exalted eminence for ever, and reflected that no exertion of merit on his part could save him from the unwelcome reverse; such a man, in such a situation, would be much more violently tempted to embrace a favorable conjuncture for attempting the prolongation of his power, at every personal hazard, than if he had the probability of answering the same end by doing his duty.
当他发现自己登上了国家荣誉的顶峰时，当他期待着自己必须永远从崇高的地位上走下来时，他也是一个雄心勃勃的人，并反思说，他的任何功绩都无法使他免遭不受欢迎的挫折；这样的人，在这种情况下，会更强烈地受到诱惑，不惜一切个人危险，拥抱一个有利的时机，试图延长自己的权力，而不是如果他有可能通过履行自己的职责来达到同样的目的。
Would it promote the peace of the community, or the stability of the government to have half a dozen men who had had credit enough to be raised to the seat of the supreme magistracy, wandering among the people like discontented ghosts, and sighing for a place which they were destined never more to possess?
六个有足够功劳的人，像不满的鬼魂一样游荡在人民中间，为他们注定再也无法拥有的地位而叹息，这会促进社会的和平，或者政府的稳定吗？
A third ill effect of the exclusion would be, the depriving the community of the advantage of the experience gained by the chief magistrate in the exercise of his office.
排除的第三个不良影响是，剥夺了社会首席法官在履行职责时所获得的经验的优势。
That experience is the parent of wisdom, is an adage the truth of which is recognized by the wisest as well as the simplest of mankind.
经验是智慧之母，这是一句格言，最聪明的人和最简单的人都承认这句格言的真理。
What more desirable or more essential than this quality in the governors of nations?
对于国家统治者来说，还有什么比这种品质更令人向往、更重要呢？
Where more desirable or more essential than in the first magistrate of a nation?
还有什么比国家第一任行政长官更令人向往或更重要的呢？
Can it be wise to put this desirable and essential quality under the ban of the Constitution, and to declare that the moment it is acquired, its possessor shall be compelled to abandon the station in which it was acquired, and to which it is adapted?
将这种令人向往的基本品质置于宪法的禁止之下，并宣布一旦获得它，它的拥有者就必须放弃它被获得和适应的地位，这是否明智？
This, nevertheless, is the precise import of all those regulations which exclude men from serving their country, by the choice of their fellowcitizens, after they have by a course of service fitted themselves for doing it with a greater degree of utility.
然而，这正是所有这些规定的确切含义，这些规定排除人们在通过服务过程使自己能够以更大程度的效用为国家服务之后，通过其同胞的选择来为国家服务。
A fourth ill effect of the exclusion would be the banishing men from stations in which, in certain emergencies of the state, their presence might be of the greatest moment to the public interest or safety.
排除的第四个不良影响是将人员驱逐出车站，在国家的某些紧急情况下，他们的存在可能对公共利益或安全至关重要。
There is no nation which has not, at one period or another, experienced an absolute necessity of the services of particular men in particular situations; perhaps it would not be too strong to say, to the preservation of its political existence.
没有哪个国家在某个时期没有经历过在特定情况下绝对需要特定人员的服务。也许说它对于维持其政治存在并不算太强烈。
How unwise, therefore, must be every such self-denying ordinance as serves to prohibit a nation from making use of its own citizens in the manner best suited to its exigencies and circumstances!
因此，每一项旨在禁止一个国家以最适合其紧急情况和情况的方式利用其公民的克己法令都是多么不明智！
Without supposing the personal essentiality of the man, it is evident that a change of the chief magistrate, at the breaking out of a war, or at any similar crisis, for another, even of equal merit, would at all times be detrimental to the community, inasmuch as it would substitute inexperience to experience, and would tend to unhinge and set afloat the already settled train of the administration.
不考虑这个人的个人本质，很明显，在战争爆发或任何类似的危机中，首席行政官的更换，即使是具有同等优点的另一位，在任何时候都会对社会有害，因为它会用缺乏经验代替经验，并且往往会破坏和启动已经确定的行政管理体系。
A fifth ill effect of the exclusion would be, that it would operate as a constitutional interdiction of stability in the administration.
排除的第五个不良影响是，它将作为宪法对政府稳定的禁令而发挥作用。
By necessitating a change of men, in the first office of the nation, it would necessitate a mutability of measures.
由于需要更换国家第一任职务的人选，因此需要改变措施。
It is not generally to be expected, that men will vary and measures remain uniform.
一般情况下，人们不会期望人们会有所不同，而措施却保持统一。
The contrary is the usual course of things.
事情的通常过程恰恰相反。
And we need not be apprehensive that there will be too much stability, while there is even the option of changing; nor need we desire to prohibit the people from continuing their confidence where they think it may be safely placed, and where, by constancy on their part, they may obviate the fatal inconveniences of fluctuating councils and a variable policy.
我们不必担心会有太多的稳定性，甚至还有改变的选择；我们也不需要阻止人民继续对他们认为可以安全地信任的地方，只要他们坚持不懈，他们就可以消除不稳定的议会和多变的政策带来的致命不便。
These are some of the disadvantages which would flow from the principle of exclusion.
这些是排除原则可能带来的一些缺点。
They apply most forcibly to the scheme of a perpetual exclusion; but when we consider that even a partial exclusion would always render the readmission of the person a remote and precarious object, the observations which have been made will apply nearly as fully to one case as to the other.
他们最强制地实行永久排除计划；但是，当我们考虑到即使是部分排除也总是会使该人的重新接纳成为一个遥远而不稳定的目标时，所做的观察将几乎完全适用于一种情况和另一种情况。
What are the advantages promised to counterbalance these disadvantages?
抵消这些缺点的优点是什么？
They are represented to be: 1st, greater independence in the magistrate; 2d, greater security to the people.
它们表现为：第一，地方法官的独立性更大； 2d，为人民提供更大的安全保障。
Unless the exclusion be perpetual, there will be no pretense to infer the first advantage.
除非这种排除是永久性的，否则就没有借口推断出第一优势。
But even in that case, may he have no object beyond his present station, to which he may sacrifice his independence?
但即使在这种情况下，除了他目前的地位之外，他是否没有任何可以牺牲他的独立性的目标呢？
May he have no connections, no friends, for whom he may sacrifice it?
难道他没有关系，没有朋友，他可以为谁牺牲吗？
May he not be less willing by a firm conduct, to make personal enemies, when he acts under the impression that a time is fast approaching, on the arrival of which he not only MAY, but MUST, be exposed to their resentments, upon an equal, perhaps upon an inferior, footing?
当他认为一个时刻即将到来时，他不仅可能而且必须在平等的、也许是低等的基础上受到他们的怨恨，难道他不会因为坚定的行为而不愿意树敌吗？
It is not an easy point to determine whether his independence would be most promoted or impaired by such an arrangement.
确定这样的安排是否会最大程度地促进还是损害他的独立性并不是一件容易的事情。
As to the second supposed advantage, there is still greater reason to entertain doubts concerning it.
至于第二个所谓的优势，还有更大的理由值得怀疑。
If the exclusion were to be perpetual, a man of irregular ambition, of whom alone there could be reason in any case to entertain apprehension, would, with infinite reluctance, yield to the necessity of taking his leave forever of a post in which his passion for power and pre-eminence had acquired the force of habit.
如果这种排斥是永久性的，那么一个野心勃勃的人，在任何情况下都有理由对他感到担忧，他就会无限不情愿地屈服于永远离开这个职位的必要性，在这个职位上，他对权力和卓越的热情已经成为一种习惯。
And if he had been fortunate or adroit enough to conciliate the good-will of the people, he might induce them to consider as a very odious and unjustifiable restraint upon themselves, a provision which was calculated to debar them of the right of giving a fresh proof of their attachment to a favorite.
如果他足够幸运或足够聪明，能够调和人民的善意，他可能会诱使他们认为这是对自己的一种非常可恶和不合理的限制，这一规定旨在剥夺他们提供新证据证明他们对最爱的人的依恋的权利。
There may be conceived circumstances in which this disgust of the people, seconding the thwarted ambition of such a favorite, might occasion greater danger to liberty, than could ever reasonably be dreaded from the possibility of a perpetuation in office, by the voluntary suffrages of the community, exercising a constitutional privilege.
可以设想，在某种情况下，人民的这种厌恶，附和这样一位宠臣的野心受挫，可能会对自由造成更大的危险，比通过社区自愿选举、行使宪法特权而继续执政的可能性所合理担心的更大。
There is an excess of refinement in the idea of disabling the people to continue in office men who had entitled themselves, in their opinion, to approbation and confidence; the advantages of which are at best speculative and equivocal, and are overbalanced by disadvantages far more certain and decisive.
禁止人民继续担任公职的想法过于精致，而在他们看来，这些人有资格获得认可和信任；其优点充其量是推测性的和模棱两可的，并且被更加确定和决定性的缺点所抵消。
PUBLIUS
普布利乌斯
FEDERALIST No. 73
联邦党人文集 73 号
The Provision For The Support of the Executive, and the Veto Power
行政支持的规定和否决权
From the New York Packet.
来自纽约邮包。
Friday, March 21, 1788.
1788 年 3 月 21 日，星期五。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE third ingredient towards constituting the vigor of the executive authority, is an adequate provision for its support.
构成行政权力活力的第三个要素是为其提供充分的支持。
It is evident that, without proper attention to this article, the separation of the executive from the legislative department would be merely nominal and nugatory.
显然，如果不适当注意本条，行政与立法部门的分离将只是名义上的、毫无意义的。
The legislature, with a discretionary power over the salary and emoluments of the Chief Magistrate, could render him as obsequious to their will as they might think proper to make him.
立法机关对首席治安官的薪水和薪酬拥有酌处权，可以让他按照他们认为适当的方式屈从于他们的意愿。
They might, in most cases, either reduce him by famine, or tempt him by largesses, to surrender at discretion his judgment to their inclinations.
在大多数情况下，他们可能会用饥荒来削弱他，或者用慷慨来引诱他，让他根据自己的喜好酌情做出判断。
These expressions, taken in all the latitude of the terms, would no doubt convey more than is intended.
这些表达方式，考虑到所有术语的范围，无疑会传达超出预期的内容。
There are men who could neither be distressed nor won into a sacrifice of their duty; but this stern virtue is the growth of few soils; and in the main it will be found that a power over a man's support is a power over his will.
有些人既不能感到痛苦，也不能说服他们牺牲自己的职责。但这种严格的美德是少数土壤的生长；总的来说，我们会发现，控制一个人的支持的力量就是控制他的意志的力量。
If it were necessary to confirm so plain a truth by facts, examples would not be wanting, even in this country, of the intimidation or seduction of the Executive by the terrors or allurements of the pecuniary arrangements of the legislative body.
如果有必要用事实来证实如此明显的事实，那么即使在这个国家，立法机构的金钱安排的恐怖或诱惑也不会缺乏对行政部门的恐吓或诱惑的例子。
It is not easy, therefore, to commend too highly the judicious attention which has been paid to this subject in the proposed Constitution.
因此，要高度评价拟议宪法中对这一主题的审慎关注并不容易。
It is there provided that "The President of the United States shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the United States, or any of them." It is impossible to imagine any provision which would have been more eligible than this.
其中规定，“合众国总统应在规定的时间收到其服务的报酬，在他当选期间不得增加或减少；并且在此期间他不得从美国获得任何其他报酬或其中任何报酬。”无法想象还有比这更合适的条款。
The legislature, on the appointment of a President, is once for all to declare what shall be the compensation for his services during the time for which he shall have been elected.
立法机关在任命总统后，应一次性宣布其当选期间的服务报酬。
This done, they will have no power to alter it, either by increase or diminution, till a new period of service by a new election commences.
完成后，他们将无权通过增加或减少来改变它，直到通过新的选举开始新的服务期。
They can neither weaken his fortitude by operating on his necessities, nor corrupt his integrity by appealing to his avarice.
他们既不能因满足他的需要而削弱他的刚毅，也不能因满足他的贪婪而败坏他的正直。
Neither the Union, nor any of its members, will be at liberty to give, nor will he be at liberty to receive, any other emolument than that which may have been determined by the first act.
联盟或其任何成员均不得自由给予，也不得自由接受第一法案可能确定的任何其他报酬。
He can, of course, have no pecuniary inducement to renounce or desert the independence intended for him by the Constitution.
当然，他不可能有任何金钱诱因来放弃或抛弃宪法赋予他的独立性。
The last of the requisites to energy, which have been enumerated, are competent powers.
已列举的能源的最后一个必要条件是主管权力。
Let us proceed to consider those which are proposed to be vested in the President of the United States.
让我们继续考虑那些提议授予美国总统的权利。
The first thing that offers itself to our observation, is the qualified negative of the President upon the acts or resolutions of the two houses of the legislature; or, in other words, his power of returning all bills with objections, to have the effect of preventing their becoming laws, unless they should afterwards be ratified by two thirds of each of the component members of the legislative body.
我们观察到的第一件事是总统对立法机关两院的法案或决议的有限制的否定；或者，换句话说，他有权退回所有有异议的法案，以防止其成为法律，除非这些法案事后得到立法机构各组成成员三分之二的批准。
The propensity of the legislative department to intrude upon the rights, and to absorb the powers, of the other departments, has been already suggested and repeated; the insufficiency of a mere parchment delineation of the boundaries of each, has also been remarked upon; and the necessity of furnishing each with constitutional arms for its own defense, has been inferred and proved.
立法部门侵犯其他部门的权利并吸收其权力的倾向，已经被提出并重复过。仅仅用羊皮纸来划定每个边界的局限性也受到了评论；为每个国家提供宪法武器以自卫的必要性已被推断和证明。
From these clear and indubitable principles results the propriety of a negative, either absolute or qualified, in the Executive, upon the acts of the legislative branches.
从这些明确而不容置疑的原则中，行政部门对立法部门的行为采取绝对或有限制的否定的适当性。
Without the one or the other, the former would be absolutely unable to defend himself against the depredations of the latter.
如果没有其中之一，前者就绝对无法抵御后者的掠夺。
He might gradually be stripped of his authorities by successive resolutions, or annihilated by a single vote.
他可能会被连续的决议逐渐剥夺，或者被一票消灭。
And in the one mode or the other, the legislative and executive powers might speedily come to be blended in the same hands.
无论哪种模式，立法权和行政权可能很快就会集中到同一个人手中。
If even no propensity had ever discovered itself in the legislative body to invade the rights of the Executive, the rules of just reasoning and theoretic propriety would of themselves teach us, that the one ought not to be left to the mercy of the other, but ought to possess a constitutional and effectual power of self-defense.
即使立法机构从未发现自己有侵犯行政权的倾向，正义推理和理论适当性的规则本身就会告诉我们，一方不应该任由另一方摆布，而应该拥有宪法和有效的自卫权。
But the power in question has a further use.
但所讨论的权力还有更进一步的用途。
It not only serves as a shield to the Executive, but it furnishes an additional security against the enaction of improper laws.
它不仅充当行政部门的盾牌，而且还提供了额外的安全保障，防止制定不当法律。
It establishes a salutary check upon the legislative body, calculated to guard the community against the effects of faction, precipitancy, or of any impulse unfriendly to the public good, which may happen to influence a majority of that body.
它对立法机构建立了有益的检查，旨在保护社会免受派系、鲁莽行为或任何不利于公共利益的冲动的影响，这些行为可能碰巧影响该机构的大多数成员。
The propriety of a negative has, upon some occasions, been combated by an observation, that it was not to be presumed a single man would possess more virtue and wisdom than a number of men; and that unless this presumption should be entertained, it would be improper to give the executive magistrate any species of control over the legislative body.
在某些情况下，否定的适当性会受到一种观察的质疑，即不能假定一个人会比一群人拥有更多的美德和智慧。除非这一推定成立，否则赋予行政法官对立法机构任何形式的控制权都是不恰当的。
But this observation, when examined, will appear rather specious than solid.
但经过检验，这一观察结果会显得似是而非，而不是可靠的。
The propriety of the thing does not turn upon the supposition of superior wisdom or virtue in the Executive, but upon the supposition that the legislature will not be infallible; that the love of power may sometimes betray it into a disposition to encroach upon the rights of other members of the government; that a spirit of faction may sometimes pervert its deliberations; that impressions of the moment may sometimes hurry it into measures which itself, on maturer reflexion, would condemn.
事情的适当性并不取决于行政部门是否具有卓越的智慧或美德，而是取决于立法机关不会绝对正确的假设。对权力的热爱有时可能会导致其倾向于侵犯政府其他成员的权利；派系精神有时可能会扭曲其审议；有时，一时的印象可能会催促它采取一些措施，而在成熟的反思中，这些措施本身也会受到谴责。
The primary inducement to conferring the power in question upon the Executive is, to enable him to defend himself; the secondary one is to increase the chances in favor of the community against the passing of bad laws, through haste, inadvertence, or design.
将有关权力授予行政机关的主要动机是使他能够为自己辩护；第二个是增加有利于社会的机会，反对通过仓促、疏忽或故意而通过不良法律。
The oftener the measure is brought under examination, the greater the diversity in the situations of those who are to examine it, the less must be the danger of those errors which flow from want of due deliberation, or of those missteps which proceed from the contagion of some common passion or interest.
一项措施受到审查的次数越多，审查者的情况差异就越大，由于缺乏适当的深思熟虑而产生的错误或由于某种共同的热情或利益的感染而导致的失误的危险就越小。
It is far less probable, that culpable views of any kind should infect all the parts of the government at the same moment and in relation to the same object, than that they should by turns govern and mislead every one of them.
任何一种有罪的观点同时针对同一个目标影响政府所有部门的可能性远小于它们轮流统治和误导每个部门的可能性。
It may perhaps be said that the power of preventing bad laws includes that of preventing good ones; and may be used to the one purpose as well as to the other.
或许可以说，防止恶法的力量包括防止善法的力量。并且可以用于一个目的，也可以用于另一个目的。
But this objection will have little weight with those who can properly estimate the mischiefs of that inconstancy and mutability in the laws, which form the greatest blemish in the character and genius of our governments.
但这种反对意见对于那些能够正确估计法律的反复无常和易变性所造成的危害的人来说是没有什么意义的，这些法律构成了我们政府的性格和天才的最大缺陷。
They will consider every institution calculated to restrain the excess of law-making, and to keep things in the same state in which they happen to be at any given period, as much more likely to do good than harm; because it is favorable to greater stability in the system of legislation.
他们会认为每一个旨在限制过度立法并保持事物在任何特定时期碰巧处于同一状态的制度，都更有可能带来好处而不是坏处；因为这有利于立法体系的稳定性。
The injury which may possibly be done by defeating a few good laws, will be amply compensated by the advantage of preventing a number of bad ones.
违反一些好的法律可能造成的伤害，可以通过防止一些坏的法律的好处得到充分补偿。
Nor is this all.
这还不是全部。
The superior weight and influence of the legislative body in a free government, and the hazard to the Executive in a trial of strength with that body, afford a satisfactory security that the negative would generally be employed with great caution; and there would oftener be room for a charge of timidity than of rashness in the exercise of it.
自由政府中立法机构的重要性和影响力，以及行政部门在与该机构较量时所面临的危险，提供了令人满意的保障，即消极措施通常会非常谨慎地使用。在行使这一权力时，更多的是指责胆怯而不是鲁莽。
A king of Great Britain, with all his train of sovereign attributes, and with all the influence he draws from a thousand sources, would, at this day, hesitate to put a negative upon the joint resolutions of the two houses of Parliament.
一位拥有主权属性的英国国王，以及他从数千个来源获得的影响力，在这一天，会犹豫是否对议会两院的联合决议提出否定。
He would not fail to exert the utmost resources of that influence to strangle a measure disagreeable to him, in its progress to the throne, to avoid being reduced to the dilemma of permitting it to take effect, or of risking the displeasure of the nation by an opposition to the sense of the legislative body.
他不会不利用这种影响力的最大资源来扼杀一项他不喜欢的措施，在其向王位迈进的过程中，以避免陷入允许其生效的困境，或者冒着因反对立法机构的意见而引起全国不满的风险。
Nor is it probable, that he would ultimately venture to exert his prerogatives, but in a case of manifest propriety, or extreme necessity.
他最终也不太可能冒险行使他的特权，除非是在明显适当或极端必要的情况下。
All well-informed men in that kingdom will accede to the justness of this remark.
王国里所有消息灵通的人都会承认这句话的正确性。
A very considerable period has elapsed since the negative of the crown has been exercised.
自从行使王冠的消极权以来，已经过去了相当长的一段时间。
If a magistrate so powerful and so well fortified as a British monarch, would have scruples about the exercise of the power under consideration, how much greater caution may be reasonably expected in a President of the United States, clothed for the short period of four years with the executive authority of a government wholly and purely republican?
如果一位像英国君主那样强大、戒备森严的地方法官会对所考虑的权力的行使有所顾虑，那么对于在短短四年内拥有完全、纯粹的共和政府行政权力的美国总统来说，可以合理地期望他更加谨慎呢？
It is evident that there would be greater danger of his not using his power when necessary, than of his using it too often, or too much.
显然，他在必要时不使用权力的危险比他经常或过度使用权力的危险更大。
An argument, indeed, against its expediency, has been drawn from this very source.
事实上，反对其权宜之计的论点正是从这个根源出发的。
It has been represented, on this account, as a power odious in appearance, useless in practice.
因此，它被描述为一种表面上令人厌恶、实际上毫无用处的权力。
But it will not follow, that because it might be rarely exercised, it would never be exercised.
但这并不意味着，因为它可能很少被行使，所以它永远不会被行使。
In the case for which it is chiefly designed, that of an immediate attack upon the constitutional rights of the Executive, or in a case in which the public good was evidently and palpably sacrificed, a man of tolerable firmness would avail himself of his constitutional means of defense, and would listen to the admonitions of duty and responsibility.
在其主要设计的情况下，即立即攻击行政机关的宪法权利，或者在公共利益明显被牺牲的情况下，一个具有可容忍坚定性的人会利用他的宪法手段进行辩护，并会听取义务和责任的告诫。
In the former supposition, his fortitude would be stimulated by his immediate interest in the power of his office; in the latter, by the probability of the sanction of his constituents, who, though they would naturally incline to the legislative body in a doubtful case, would hardly suffer their partiality to delude them in a very plain case.
在前一种假设中，他的毅力会受到他对职务权力的直接兴趣的激发；在后者中，取决于其选民批准的可能性，尽管他们在可疑的情况下自然会倾向于立法机构，但在非常明显的情况下几乎不会容忍他们的偏袒欺骗他们。
I speak now with an eye to a magistrate possessing only a common share of firmness.
我现在讲话的目的是针对一位只有一般坚定态度的地方法官。
There are men who, under any circumstances, will have the courage to do their duty at every hazard.
有些人在任何情况下都有勇气冒着危险履行自己的职责。
But the convention have pursued a mean in this business, which will both facilitate the exercise of the power vested in this respect in the executive magistrate, and make its efficacy to depend on the sense of a considerable part of the legislative body.
但制宪会议在这方面寻求一种手段，既便于行政法官行使这方面的权力，又使其效力取决于立法机构相当一部分人的意见。
Instead of an absolute negative, it is proposed to give the Executive the qualified negative already described.
建议向执行官提供已经描述的合格否定，而不是绝对否定。
This is a power which would be much more readily exercised than the other.
这种权力比其他权力更容易行使。
A man who might be afraid to defeat a law by his single VETO, might not scruple to return it for reconsideration; subject to being finally rejected only in the event of more than one third of each house concurring in the sufficiency of his objections.
一个可能害怕用一票否决权击败法律的人，可能会毫不犹豫地将其退回以供重新考虑；只有在各院有超过三分之一的议员同意其反对意见的情况下，该提案才能最终被否决。
He would be encouraged by the reflection, that if his opposition should prevail, it would embark in it a very respectable proportion of the legislative body, whose influence would be united with his in supporting the propriety of his conduct in the public opinion.
如果他的反对派占上风，那么立法机构中将有相当大一部分人加入其中，他们的影响力将与他联合起来，在公众舆论中支持他的行为的正当性，他会因此而受到鼓舞。
A direct and categorical negative has something in the appearance of it more harsh, and more apt to irritate, than the mere suggestion of argumentative objections to be approved or disapproved by those to whom they are addressed.
直接而绝对的否定看起来比仅仅建议接受者批准或反对的争论性反对意见更严厉，更容易激怒。
In proportion as it would be less apt to offend, it would be more apt to be exercised; and for this very reason, it may in practice be found more effectual.
它越不容易冒犯，就越容易被运用。正因为如此，它在实践中可能会更有效。
It is to be hoped that it will not often happen that improper views will govern so large a proportion as two thirds of both branches of the legislature at the same time; and this, too, in spite of the counterposing weight of the Executive.
希望立法机关两院三分之二以上的比例同时受到不正当观点支配的情况不会经常发生；尽管有行政部门的影响力，这也是如此。
It is at any rate far less probable that this should be the case, than that such views should taint the resolutions and conduct of a bare majority.
无论如何，这种情况的可能性远小于这种观点玷污多数人的决议和行为的可能性。
A power of this nature in the Executive, will often have a silent and unperceived, though forcible, operation.
行政部门的这种性质的权力，虽然是强制的，但往往会悄无声息地、不被察觉地运作。
When men, engaged in unjustifiable pursuits, are aware that obstructions may come from a quarter which they cannot control, they will often be restrained by the bare apprehension of opposition, from doing what they would with eagerness rush into, if no such external impediments were to be feared.
当人们从事不正当的追求时，意识到障碍可能来自他们无法控制的方面，他们常常会因为对反对派的恐惧而受到限制，如果不担心这种外部障碍，他们就不会急于去做他们会急于去做的事情。
This qualified negative, as has been elsewhere remarked, is in this State vested in a council, consisting of the governor, with the chancellor and judges of the Supreme Court, or any two of them.
正如其他地方所指出的，这一限定否定权在本州归属于一个委员会，该委员会由州长、大法官和最高法院法官或其中任何两人组成。
It has been freely employed upon a variety of occasions, and frequently with success.
它已被自由地运用在各种场合，并且常常取得成功。
And its utility has become so apparent, that persons who, in compiling the Constitution, were violent opposers of it, have from experience become its declared admirers.(1)
它的效用已经变得如此明显，以至于那些在制定宪法时强烈反对它的人，从经验中变成了它公开的崇拜者。（1）
I have in another place remarked, that the convention, in the formation of this part of their plan, had departed from the model of the constitution of this State, in favor of that of Massachusetts.
我在另一处说过，大会在制定这部分计划时，背离了本州的宪法模式，而支持马萨诸塞州的宪法。
Two strong reasons may be imagined for this preference.
这种偏好可以想象有两个强有力的原因。
One is that the judges, who are to be the interpreters of the law, might receive an improper bias, from having given a previous opinion in their revisionary capacities; the other is that by being often associated with the Executive, they might be induced to embark too far in the political views of that magistrate, and thus a dangerous combination might by degrees be cemented between the executive and judiciary departments.
一是作为法律解释者的法官可能会因在其修正能力中给出先前的意见而受到不当偏见；其二是，由于经常与行政部门有联系，可能会被诱导过于认同行政长官的政治观点，从而在行政部门和司法部门之间逐渐形成危险的结合。
It is impossible to keep the judges too distinct from every other avocation than that of expounding the laws.
除了解释法律之外，不可能让法官与其他职业有太大区别。
It is peculiarly dangerous to place them in a situation to be either corrupted or influenced by the Executive.
将他们置于受行政部门腐败或影响的境地是特别危险的。
PUBLIUS
普布利乌斯
1.
1.
Mr. Abraham Yates, a warm opponent of the plan of the convention is of this number.
大会计划的强烈反对者亚伯拉罕·耶茨先生就是其中之一。
FEDERALIST No. 74
联邦党人文集 74 号
The Command of the Military and Naval Forces, and the Pardoning Power of the Executive.
陆军和海军的指挥权以及行政部门的赦免权。
From the New York Packet.
来自纽约邮包。
Tuesday, March 25, 1788.
1788 年 3 月 25 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE President of the United States is to be "commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States." The propriety of this provision is so evident in itself, and it is, at the same time, so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it.
美国总统将担任“美国陆军和海军的总司令，以及被征召实际为美国服务的几个州的民兵的总司令”。这项规定的适当性本身是显而易见的，同时它也与州宪法的先例大体一致，因此无需多言解释或执行。
Even those of them which have, in other respects, coupled the chief magistrate with a council, have for the most part concentrated the military authority in him alone.
即使是在其他方面将首席行政长官与议会结合起来的那些人，也大多将军事权力集中在他一人身上。
Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.
在政府的所有关心或关注中，战争的方向最特别地需要那些区别于单手行使权力的品质。
The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority.
战争的方向意味着共同力量的方向；指挥和运用共同力量的权力构成了行政权力定义中常见且重要的部分。
"The President may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective officers." This I consider as a mere redundancy in the plan, as the right for which it provides would result of itself from the office.
“总统可以要求每个执行部门的主要官员就与其各自官员的职责有关的任何主题提出书面意见。”我认为这只是该计划中的一个冗余，因为它所提供的权利将由办公室本身产生。
He is also to be authorized to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment." Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed.
他还将被授权“对针对美国的罪行给予缓刑和赦免，弹劾案件除外”。人性和良好的政策共同决定，赦免的良性特权应该尽可能少地受到束缚或尴尬。
The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
每个国家的刑法都具有如此必要的严厉性，如果不能轻易获得有利于不幸罪行的例外，正义就会显得过于血腥和残酷。
As the sense of responsibility is always strongest, in proportion as it is undivided, it may be inferred that a single man would be most ready to attend to the force of those motives which might plead for a mitigation of the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its vengeance.
由于责任感总是最强的，与不可分割的比例成正比，因此可以推断，一个人最愿意关注那些可能要求减轻法律严格性的动机的力量，并且最不倾向于屈服于那些旨在庇护其报复的合适对象的考虑。
The reflection that the fate of a fellow-creature depended on his sole fiat, would naturally inspire scrupulousness and caution; the dread of being accused of weakness or connivance, would beget equal circumspection, though of a different kind.
想到同胞的命运取决于他唯一的命令，自然会激发人们的谨慎和谨慎。害怕被指控软弱或纵容，也会引起同样的谨慎，尽管是不同的类型。
On the other hand, as men generally derive confidence from their numbers, they might often encourage each other in an act of obduracy, and might be less sensible to the apprehension of suspicion or censure for an injudicious or affected clemency.
另一方面，由于人们通常从数量上获得信心，他们可能经常以一种顽固的行为互相鼓励，并且可能不太敏感地担心因不明智或做作的宽大而受到怀疑或谴责。
On these accounts, one man appears to be a more eligible dispenser of the mercy of government, than a body of men.
从这些角度来看，一个人似乎比一群人更有资格获得政府的仁慈。
The expediency of vesting the power of pardoning in the President has, if I mistake not, been only contested in relation to the crime of treason.
如果我没有记错的话，授予总统赦免权的权宜之计仅在与叛国罪有关的问题上受到质疑。
This, it has been urged, ought to have depended upon the assent of one, or both, of the branches of the legislative body.
有人敦促说，这应该取决于立法机构一个或两个部门的同意。
I shall not deny that there are strong reasons to be assigned for requiring in this particular the concurrence of that body, or of a part of it.
我不会否认，有充分的理由要求在这一点上得到该机构或其一部分的同意。
As treason is a crime levelled at the immediate being of the society, when the laws have once ascertained the guilt of the offender, there seems a fitness in referring the expediency of an act of mercy towards him to the judgment of the legislature.
由于叛国罪是针对社会直接存在的犯罪，当法律一旦确定了犯罪者的罪行时，将对其采取仁慈行为的权宜之计提交立法机关的判决似乎是合适的。
And this ought the rather to be the case, as the supposition of the connivance of the Chief Magistrate ought not to be entirely excluded.
情况确实应该如此，因为不应完全排除首席法官默许的假设。
But there are also strong objections to such a plan.
但这样的计划也遭到了强烈反对。
It is not to be doubted, that a single man of prudence and good sense is better fitted, in delicate conjunctures, to balance the motives which may plead for and against the remission of the punishment, than any numerous body whatever.
毫无疑问，在微妙的情况下，一个谨慎而明智的人比任何众多的团体都更适合平衡可能恳求和反对减轻惩罚的动机。
It deserves particular attention, that treason will often be connected with seditions which embrace a large proportion of the community; as lately happened in Massachusetts.
值得特别注意的是，叛国罪常常与涉及社会大部分人的煽动叛乱联系在一起；正如最近在马萨诸塞州发生的那样。
In every such case, we might expect to see the representation of the people tainted with the same spirit which had given birth to the offense.
在每一个这样的案例中，我们都可能会看到人民的代表被同样的精神所玷污，而这种精神正是产生了这种罪行的原因。
And when parties were pretty equally matched, the secret sympathy of the friends and favorers of the condemned person, availing itself of the good-nature and weakness of others, might frequently bestow impunity where the terror of an example was necessary.
当各方势均力敌时，被定罪者的朋友和支持者的秘密同情，利用他人的善良和软弱，可能经常在需要以身作则的恐怖的情况下使人免受惩罚。
On the other hand, when the sedition had proceeded from causes which had inflamed the resentments of the major party, they might often be found obstinate and inexorable, when policy demanded a conduct of forbearance and clemency.
另一方面，当煽动叛乱的起因激怒了主要政党时，当政策要求采取克制和宽大的行为时，他们往往会被认为是顽固和无情的。
But the principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall.
但在本案中，将赦免权交给首席法官的主要理由是：在叛乱或叛乱的季节，往往会出现关键时刻，适时地向叛乱分子或叛乱者提供赦免可能会恢复国家的安宁；如果不加改进地让它过去，事后可能永远无法回忆起来。
The dilatory process of convening the legislature, or one of its branches, for the purpose of obtaining its sanction to the measure, would frequently be the occasion of letting slip the golden opportunity.
为了获得立法机关对该措施的批准而召开立法机关或其分支机构的拖延过程，常常会导致错失黄金机会。
The loss of a week, a day, an hour, may sometimes be fatal.
一周、一天、一个小时的损失有时可能是致命的。
If it should be observed, that a discretionary power, with a view to such contingencies, might be occasionally conferred upon the President, it may be answered in the first place, that it is questionable, whether, in a limited Constitution, that power could be delegated by law; and in the second place, that it would generally be impolitic beforehand to take any step which might hold out the prospect of impunity.
如果应该指出，为了应对此类突发事件，有时可能会向总统授予酌处权，那么首先可以回答，在有限的宪法中，这种权力是否可以通过法律授予是值得怀疑的；其次，事先采取任何可能导致有罪不罚的措施通常是不明智的。
A proceeding of this kind, out of the usual course, would be likely to be construed into an argument of timidity or of weakness, and would have a tendency to embolden guilt.
这种不寻常的做法很可能被解释为胆怯或软弱的争论，并且有助长内疚的倾向。
PUBLIUS
普布利乌斯
FEDERALIST No. 75
联邦党人文集 75 号
The Treaty-Making Power of the Executive
行政机关的缔约权
For the Independent Journal.
对于独立杂志。
Wednesday, March 26, 1788
1788 年 3 月 26 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE President is to have power, "by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur." Though this provision has been assailed, on different grounds, with no small degree of vehemence, I scruple not to declare my firm persuasion, that it is one of the best digested and most unexceptionable parts of the plan.
总统有权“在参议院的建议和同意下缔结条约，前提是在场参议员的三分之二同意”。尽管这项规定受到了不同程度的猛烈攻击，但我毫不犹豫地表示我坚定的信念，即它是该计划中最容易理解和最无可挑剔的部分之一。
One ground of objection is the trite topic of the intermixture of powers; some contending that the President ought alone to possess the power of making treaties; others, that it ought to have been exclusively deposited in the Senate.
反对的理由之一是权力混合这个老生常谈的话题。一些人认为总统应该独自拥有制定条约的权力；其他人则认为它应该专门存放在参议院。
Another source of objection is derived from the small number of persons by whom a treaty may be made.
反对的另一个原因是可以订立条约的人数很少。
Of those who espouse this objection, a part are of opinion that the House of Representatives ought to have been associated in the business, while another part seem to think that nothing more was necessary than to have substituted two thirds of all the members of the Senate, to two thirds of the members present.
在支持这一反对意见的人中，一部分人认为众议院应该参与这项事务，而另一部分人似乎认为只需用参议院全体议员的三分之二，即出席人数的三分之二来代替即可。
As I flatter myself the observations made in a preceding number upon this part of the plan must have sufficed to place it, to a discerning eye, in a very favorable light, I shall here content myself with offering only some supplementary remarks, principally with a view to the objections which have been just stated.
由于我自以为前几期对计划的这一部分所做的观察一定足以让有洞察力的人以非常有利的眼光看待它，所以我在这里只满足于提供一些补充评论，主要是针对刚才提出的反对意见。
With regard to the intermixture of powers, I shall rely upon the explanations already given in other places, of the true sense of the rule upon which that objection is founded; and shall take it for granted, as an inference from them, that the union of the Executive with the Senate, in the article of treaties, is no infringement of that rule.
关于权力的混合，我将依靠在其他地方已经给出的解释，即该反对意见所依据的规则的真正含义。并应理所当然地认为，作为他们的推论，在条约条款中，行政机关与参议院的联合并不违反该规则。
I venture to add, that the particular nature of the power of making treaties indicates a peculiar propriety in that union.
我冒昧地补充说，缔结条约的权力的特殊性质表明了该联盟的特殊适当性。
Though several writers on the subject of government place that power in the class of executive authorities, yet this is evidently an arbitrary disposition; for if we attend carefully to its operation, it will be found to partake more of the legislative than of the executive character, though it does not seem strictly to fall within the definition of either of them.
尽管一些关于政府主题的作者将这种权力归于行政当局，但这显然是一种武断的安排；因为如果我们仔细观察它的运作，就会发现它更多地具有立法性质而不是行政性质，尽管它似乎并不严格属于两者的定义之内。
The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate.
立法机关的本质是制定法律，即制定规范社会的规则；而执行法律和运用共同力量，无论是为了这一目的还是为了共同辩护，似乎都包含了行政长官的所有职能。
The power of making treaties is, plainly, neither the one nor the other.
显然，缔结条约的权力既不是其中之一，也不是另一方。
It relates neither to the execution of the subsisting laws, nor to the enaction of new ones; and still less to an exertion of the common strength.
它既不涉及现行法律的执行，也不涉及新法律的颁布；更不用说发挥共同的力量了。
Its objects are CONTRACTS with foreign nations, which have the force of law, but derive it from the obligations of good faith.
其对象是与外国签订的合同，该合同具有法律效力，但源于诚信义务。
They are not rules prescribed by the sovereign to the subject, but agreements between sovereign and sovereign.
它们不是主权者给臣民规定的规则，而是主权者与主权者之间的协议。
The power in question seems therefore to form a distinct department, and to belong, properly, neither to the legislative nor to the executive.
因此，所讨论的权力似乎形成了一个独特的部门，并且正确地既不属于立法机关，也不属于行政机关。
The qualities elsewhere detailed as indispensable in the management of foreign negotiations, point out the Executive as the most fit agent in those transactions; while the vast importance of the trust, and the operation of treaties as laws, plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.
其他地方详述的在对外谈判管理中不可或缺的品质，表明执行官是这些交易中最合适的代理人；而信托的巨大重要性以及条约作为法律的运作，强烈要求整个或部分立法机构参与制定条约的职责。
However proper or safe it may be in governments where the executive magistrate is an hereditary monarch, to commit to him the entire power of making treaties, it would be utterly unsafe and improper to intrust that power to an elective magistrate of four years' duration.
无论在行政长官是世袭君主的政府中，将制定条约的全部权力交给他可能是适当或安全的，但将该权力委托给任期四年的民选法官是完全不安全和不恰当的。
It has been remarked, upon another occasion, and the remark is unquestionably just, that an hereditary monarch, though often the oppressor of his people, has personally too much stake in the government to be in any material danger of being corrupted by foreign powers.
有人曾在另一个场合说过，这句话无疑是公正的，即世袭君主虽然经常是其人民的压迫者，但他个人在政府中拥有太多的利害关系，因此不会面临被外国势力腐蚀的任何物质危险。
But a man raised from the station of a private citizen to the rank of chief magistrate, possessed of a moderate or slender fortune, and looking forward to a period not very remote when he may probably be obliged to return to the station from which he was taken, might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand.
但是，一个人从普通公民的职位晋升到首席行政官的职位，拥有中等或微薄的财产，并期待着不久的将来，那时他可能不得不返回他原来的职位，有时可能会受到诱惑，为了自己的利益而牺牲自己的职责，而这需要最高的美德才能抵御。
An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth.
一个贪婪的人可能会为了获取财富而背叛国家利益。
An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents.
一个野心勃勃的人可能会通过外国势力的帮助来实现自己的扩张，而这就是他背叛选民的代价。
The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States.
人类行为的历史并不能保证对人类美德的崇高评价，这种评价会使一个国家明智地将如此微妙而重大的利益，如涉及其与世界其他地区交往的利益，交由一个像美国总统一样创建和环境的地方法官单独处置。
To have intrusted the power of making treaties to the Senate alone, would have been to relinquish the benefits of the constitutional agency of the President in the conduct of foreign negotiations.
如果将缔结条约的权力单独委托给参议院，就等于放弃了总统宪法机构在进行对外谈判时所享有的利益。
It is true that the Senate would, in that case, have the option of employing him in this capacity, but they would also have the option of letting it alone, and pique or cabal might induce the latter rather than the former.
确实，在这种情况下，参议院可以选择雇用他担任这一职务，但他们也可以选择不去管它，皮克或阴谋集团可能会诱导后者而不是前者。
Besides this, the ministerial servant of the Senate could not be expected to enjoy the confidence and respect of foreign powers in the same degree with the constitutional representatives of the nation, and, of course, would not be able to act with an equal degree of weight or efficacy.
除此之外，参议院的部长级公务员不能指望与国家的宪法代表同等程度地享有外国势力的信任和尊重，当然，也不能以同等的分量或效率行事。
While the Union would, from this cause, lose a considerable advantage in the management of its external concerns, the people would lose the additional security which would result from the co-operation of the Executive.
虽然欧盟将因此而失去管理其外部事务的相当大的优势，但人民将失去行政部门合作带来的额外安全。
Though it would be imprudent to confide in him solely so important a trust, yet it cannot be doubted that his participation would materially add to the safety of the society.
尽管将如此重要的信任托付给他是不明智的，但毫无疑问，他的参与将大大增加社会的安全。
It must indeed be clear to a demonstration that the joint possession of the power in question, by the President and Senate, would afford a greater prospect of security, than the separate possession of it by either of them.
确实必须清楚地表明，总统和参议院共同拥有有关权力，比其中任何一方单独拥有该权力将提供更大的安全前景。
And whoever has maturely weighed the circumstances which must concur in the appointment of a President, will be satisfied that the office will always bid fair to be filled by men of such characters as to render their concurrence in the formation of treaties peculiarly desirable, as well on the score of wisdom, as on that of integrity.
凡是成熟地权衡了任命总统时必须同意的情况的人，都会感到满意的是，这个职位总是会由具有这样的品质的人来担任，这些人使他们在缔结条约时特别合意，无论是在智慧上还是在正直上。
The remarks made in a former number, which have been alluded to in another part of this paper, will apply with conclusive force against the admission of the House of Representatives to a share in the formation of treaties.
在前一期中发表的言论（在本文的另一部分中已提及）将具有决定性的效力，反对允许众议院参与条约的制定。
The fluctuating and, taking its future increase into the account, the multitudinous composition of that body, forbid us to expect in it those qualities which are essential to the proper execution of such a trust.
该机构的组成不断变化，而且考虑到其未来的增长，其组成人员众多，因此我们不能指望它具备正确执行此类信托所必需的品质。
Accurate and comprehensive knowledge of foreign politics; a steady and systematic adherence to the same views; a nice and uniform sensibility to national character; decision, secrecy, and despatch, are incompatible with the genius of a body so variable and so numerous.
准确、全面的外交政治知识；稳定、系统地坚持相同的观点；对民族性格有良好而一致的敏感性；决策、保密和迅速行动，与如此多变、如此众多的机构的天才是不相容的。
The very complication of the business, by introducing a necessity of the concurrence of so many different bodies, would of itself afford a solid objection.
事务的复杂性，由于引入了如此多不同机构的一致同意的必要性，本身就会引起强烈的反对。
The greater frequency of the calls upon the House of Representatives, and the greater length of time which it would often be necessary to keep them together when convened, to obtain their sanction in the progressive stages of a treaty, would be a source of so great inconvenience and expense as alone ought to condemn the project.
众议院召开会议的频率越高，召开会议时往往需要更长的时间才能在条约的进展阶段获得他们的批准，这将造成巨大的不便和费用，单单这一点就应该谴责该项目。
The only objection which remains to be canvassed, is that which would substitute the proportion of two thirds of all the members composing the senatorial body, to that of two thirds of the members present.
唯一有待讨论的反对意见是将组成参议院的所有成员的三分之二的比例替换为出席成员的三分之二的比例。
It has been shown, under the second head of our inquiries, that all provisions which require more than the majority of any body to its resolutions, have a direct tendency to embarrass the operations of the government, and an indirect one to subject the sense of the majority to that of the minority.
我们调查的第二个方面已经表明，所有要求超过任何机构多数人服从其决议的规定，都直接倾向于使政府的运作陷入困境，并且间接倾向于使多数人的感觉服从于少数人的感觉。
This consideration seems sufficient to determine our opinion, that the convention have gone as far in the endeavor to secure the advantage of numbers in the formation of treaties as could have been reconciled either with the activity of the public councils or with a reasonable regard to the major sense of the community.
这种考虑似乎足以确定我们的观点，即公约在确保条约形成过程中的人数优势方面已尽了最大努力，这既可以与公共委员会的活动相协调，也可以与社会的主要意识合理考虑相协调。
If two thirds of the whole number of members had been required, it would, in many cases, from the non-attendance of a part, amount in practice to a necessity of unanimity.
如果需要全体成员的三分之二，在许多情况下，由于有部分成员缺席，实际上就相当于需要全体一致同意。
And the history of every political establishment in which this principle has prevailed, is a history of impotence, perplexity, and disorder.
每一个盛行这一原则的政治机构的历史都是一部无能、困惑和混乱的历史。
Proofs of this position might be adduced from the examples of the Roman Tribuneship, the Polish Diet, and the States-General of the Netherlands, did not an example at home render foreign precedents unnecessary.
这一立场的证据可以从罗马保民官、波兰议会和荷兰议会的例子中得到，只要国内的例子没有使外国先例成为不必要的。
To require a fixed proportion of the whole body would not, in all probability, contribute to the advantages of a numerous agency, better then merely to require a proportion of the attending members.
要求整个机构的固定比例很可能不会有助于众多机构的优势，这比仅仅要求一定比例的出席成员要好。
The former, by making a determinate number at all times requisite to a resolution, diminishes the motives to punctual attendance.
前者在任何时候都规定了决议所必需的确定人数，从而削弱了准时出席的动机。
The latter, by making the capacity of the body to depend on a proportion which may be varied by the absence or presence of a single member, has the contrary effect.
后者，通过使身体的能力取决于一个比例，该比例可能因单个成员的存在或不存在而变化，具有相反的效果。
And as, by promoting punctuality, it tends to keep the body complete, there is great likelihood that its resolutions would generally be dictated by as great a number in this case as in the other; while there would be much fewer occasions of delay.
而且，由于通过提倡守时，它往往会保持身体的完整性，所以在这种情况下，它的决议通常会由与在其他情况下一样多的人决定。而延误的情况就会少得多。
It ought not to be forgotten that, under the existing Confederation, two members may, and usually do, represent a State; whence it happens that Congress, who now are solely invested with all the powers of the Union, rarely consist of a greater number of persons than would compose the intended Senate.
不应忘记，在现有的联邦下，两名成员可以而且通常确实代表一个国家；因此，国会现在完全拥有联邦的所有权力，其人数很少超过预期的参议院人数。
If we add to this, that as the members vote by States, and that where there is only a single member present from a State, his vote is lost, it will justify a supposition that the active voices in the Senate, where the members are to vote individually, would rarely fall short in number of the active voices in the existing Congress.
如果我们补充这一点，由于议员们由各州投票，而如果一个州只有一名议员出席，他的投票就会失败，这就证明了这样一种假设：参议院中的活跃声音很少会少于现有国会中活跃声音的数量，而参议院是由议员单独投票的。
When, in addition to these considerations, we take into view the co-operation of the President, we shall not hesitate to infer that the people of America would have greater security against an improper use of the power of making treaties, under the new Constitution, than they now enjoy under the Confederation.
除了这些考虑因素之外，当我们考虑到总统的合作时，我们将毫不犹豫地推断，在新宪法下，美国人民将比现在在联邦下享有更大的安全保障，防止不当使用缔结条约的权力。
And when we proceed still one step further, and look forward to the probable augmentation of the Senate, by the erection of new States, we shall not only perceive ample ground of confidence in the sufficiency of the members to whose agency that power will be intrusted, but we shall probably be led to conclude that a body more numerous than the Senate would be likely to become, would be very little fit for the proper discharge of the trust.
当我们更进一步，并期待通过建立新的州而可能扩大参议院时，我们不仅会感到有充分的理由相信将这一权力委托给其机构的成员的充足性，而且我们可能会得出这样的结论：一个比参议院人数可能更多的机构将非常不适合适当履行信托。
PUBLIUS
普布利乌斯
FEDERALIST No. 76
联邦党人文集第 76 期
The Appointing Power of the Executive
行政机关的任命权
From the New York Packet.
来自纽约邮包。
Tuesday, April 1, 1788.
1788 年 4 月 1 日，星期二。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE President is "to nominate, and, by and with the advice and consent of the Senate, to appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise provided for in the Constitution.
总统“提名并在参议院的建议和同意下任命大使、其他公务部长和领事、最高法院法官以及宪法中未另有规定的所有其他美国官员。
But the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, or in the courts of law, or in the heads of departments.
但国会可以根据法律，将其认为适当的下级官员的任命权单独授予总统、法院或部门首长。
The President shall have power to fill up all vacancies which may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session."
总统有权通过授予在下届会议结束时到期的委员会来填补参议院休会期间可能出现的所有空缺。”
It has been observed in a former paper, that "the true test of a good government is its aptitude and tendency to produce a good administration." If the justness of this observation be admitted, the mode of appointing the officers of the United States contained in the foregoing clauses, must, when examined, be allowed to be entitled to particular commendation.
以前的一篇论文指出，“对一个好政府的真正考验是它产生一个好政府的能力和倾向。”如果这一意见的公正性得到承认，那么在审查上述条款中所载的美国官员的任命方式时，必须给予特别赞扬。
It is not easy to conceive a plan better calculated than this to promote a judicious choice of men for filling the offices of the Union; and it will not need proof, that on this point must essentially depend the character of its administration.
要设想一个比这更好的计划来促进明智地选择担任联邦职务的人并不容易；它不需要证据，这一点基本上取决于其政府的性质。
It will be agreed on all hands, that the power of appointment, in ordinary cases, ought to be modified in one of three ways.
所有人都会同意，在一般情况下，任命权应该以三种方式之一进行修改。
It ought either to be vested in a single man, or in a select assembly of a moderate number; or in a single man, with the concurrence of such an assembly.
它应该要么被授予一个人，要么被授予一个由适度数量的人组成的精选集；或者在一个人身上，并得到这样一个集会的同意。
The exercise of it by the people at large will be readily admitted to be impracticable; as waiving every other consideration, it would leave them little time to do anything else.
大众很容易就会承认行使这一权力是不切实际的；由于放弃了所有其他考虑，他们几乎没有时间做其他事情。
When, therefore, mention is made in the subsequent reasonings of an assembly or body of men, what is said must be understood to relate to a select body or assembly, of the description already given.
因此，当在随后的推理中提及团体或团体时，必须将所述内容理解为涉及已经给出的描述的选定团体或团体。
The people collectively, from their number and from their dispersed situation, cannot be regulated in their movements by that systematic spirit of cabal and intrigue, which will be urged as the chief objections to reposing the power in question in a body of men.
人民集体，从他们的数量和分散的情况来看，他们的行动不能被阴谋集团和阴谋的系统精神所调节，而这种精神将被敦促作为将有问题的权力重新交给一个人的团体的主要反对意见。
Those who have themselves reflected upon the subject, or who have attended to the observations made in other parts of these papers, in relation to the appointment of the President, will, I presume, agree to the position, that there would always be great probability of having the place supplied by a man of abilities, at least respectable.
我想，那些自己思考过这个问题的人，或者那些关注过这些文件其他部分就总统任命所发表的意见的人，都会同意这样的立场：总有很大的可能让一个有能力、至少是受人尊敬的人提供这个职位。
Premising this, I proceed to lay it down as a rule, that one man of discernment is better fitted to analyze and estimate the peculiar qualities adapted to particular offices, than a body of men of equal or perhaps even of superior discernment.
在此前提下，我继续规定，一个有洞察力的人比一群具有同等甚至更高洞察力的人更适合分析和评估适合特定职位的特殊品质。
The sole and undivided responsibility of one man will naturally beget a livelier sense of duty and a more exact regard to reputation.
一个人的唯一和不可分割的责任自然会产生一种更强烈的责任感和对声誉更严格的尊重。
He will, on this account, feel himself under stronger obligations, and more interested to investigate with care the qualities requisite to the stations to be filled, and to prefer with impartiality the persons who may have the fairest pretensions to them.
因此，他会感到自己负有更强烈的义务，更有兴趣仔细调查待填补职位所需的素质，并公正地选择那些可能对这些职位有最公平要求的人。
He will have fewer personal attachments to gratify, than a body of men who may each be supposed to have an equal number; and will be so much the less liable to be misled by the sentiments of friendship and of affection.
与一群人相比，他需要满足的个人依恋要少得多，而每个人都应该有同样数量的个人依恋。也更不容易被友谊和感情的情感所误导。
A single well-directed man, by a single understanding, cannot be distracted and warped by that diversity of views, feelings, and interests, which frequently distract and warp the resolutions of a collective body.
一个有良好指导的人，凭借单一的理解，不会因为观点、感情和利益的多样性而分心和扭曲，而这些观点、感受和利益常常会分散和扭曲集体的决议。
There is nothing so apt to agitate the passions of mankind as personal considerations whether they relate to ourselves or to others, who are to be the objects of our choice or preference.
没有什么比个人考虑更容易激起人类的激情了，无论这些考虑是与我们自己有关还是与他人有关，这些人是我们选择或偏好的对象。
Hence, in every exercise of the power of appointing to offices, by an assembly of men, we must expect to see a full display of all the private and party likings and dislikes, partialities and antipathies, attachments and animosities, which are felt by those who compose the assembly.
因此，在人民集会每次行使任命公职的权力时，我们必须期望看到集会成员所感受到的所有私人和政党的好恶、偏爱和反感、依恋和敌意的充分表现。
The choice which may at any time happen to be made under such circumstances, will of course be the result either of a victory gained by one party over the other, or of a compromise between the parties.
在这种情况下任何时候可能做出的选择，当然要么是一方战胜另一方的结果，要么是双方妥协的结果。
In either case, the intrinsic merit of the candidate will be too often out of sight.
无论哪种情况，候选人的内在优点往往都会被忽视。
In the first, the qualifications best adapted to uniting the suffrages of the party, will be more considered than those which fit the person for the station.
首先，最适合团结党派选举权的资格将比最适合该职位的人得到更多考虑。
In the last, the coalition will commonly turn upon some interested equivalent: "Give us the man we wish for this office, and you shall have the one you wish for that." This will be the usual condition of the bargain.
最后，联盟通常会提出一些感兴趣的等价物：“给我们我们想要的这个职位的人，你就会得到你想要的那个人。”这将是讨价还价的通常情况。
And it will rarely happen that the advancement of the public service will be the primary object either of party victories or of party negotiations.
而且公共服务的进步很少会成为政党胜利或政党谈判的主要目标。
The truth of the principles here advanced seems to have been felt by the most intelligent of those who have found fault with the provision made, in this respect, by the convention.
那些对公约在这方面的规定提出错误的人中最聪明的人似乎已经感受到了这里提出的原则的真实性。
They contend that the President ought solely to have been authorized to make the appointments under the federal government.
他们认为，总统只应被授权在联邦政府的领导下进行任命。
But it is easy to show, that every advantage to be expected from such an arrangement would, in substance, be derived from the power of nomination, which is proposed to be conferred upon him; while several disadvantages which might attend the absolute power of appointment in the hands of that officer would be avoided.
但很容易表明，这种安排所带来的每一项好处实质上都来自拟授予他的提名权；同时可以避免该官员掌握绝对任命权可能带来的一些不利因素。
In the act of nomination, his judgment alone would be exercised; and as it would be his sole duty to point out the man who, with the approbation of the Senate, should fill an office, his responsibility would be as complete as if he were to make the final appointment.
在提名行为中，他将单独作出判断；由于他的唯一职责是指出经参议院批准后应担任某个职位的人选，因此他的责任就像他要做出最终任命一样完整。
There can, in this view, be no difference between nominating and appointing.
从这种观点来看，提名和任命之间没有区别。
The same motives which would influence a proper discharge of his duty in one case, would exist in the other.
在一种情况下会影响其正确履行职责的相同动机，在另一种情况下也会存在。
And as no man could be appointed but on his previous nomination, every man who might be appointed would be, in fact, his choice.
由于除非根据他之前的提名，否则任何人都不能被任命，因此实际上，每个可能被任命的人都将是他的选择。
But might not his nomination be overruled?
但他的提名是否会被否决？
I grant it might, yet this could only be to make place for another nomination by himself.
我承认有可能，但这只能是为他自己的另一次提名腾出位置。
The person ultimately appointed must be the object of his preference, though perhaps not in the first degree.
最终任命的人选必须是他所偏爱的对象，尽管也许不是一级的。
It is also not very probable that his nomination would often be overruled.
他的提名也不太可能经常被否决。
The Senate could not be tempted, by the preference they might feel to another, to reject the one proposed; because they could not assure themselves, that the person they might wish would be brought forward by a second or by any subsequent nomination.
参议院不能因为对另一项可能的偏好而拒绝所提议的一项；因为他们无法确信他们希望的人选会通过第二次或任何后续提名而被提名。
They could not even be certain, that a future nomination would present a candidate in any degree more acceptable to them; and as their dissent might cast a kind of stigma upon the individual rejected, and might have the appearance of a reflection upon the judgment of the chief magistrate, it is not likely that their sanction would often be refused, where there were not special and strong reasons for the refusal.
他们甚至无法确定未来的提名是否会出现一位他们更能接受的候选人；由于他们的异议可能会给被拒绝的个人带来某种耻辱，并且可能会对首席法官的判断产生影响，因此，如果没有特殊和强有力的理由拒绝，他们的制裁不太可能经常被拒绝。
To what purpose then require the co-operation of the Senate?
那么，为什么需要参议院的合作呢？
I answer, that the necessity of their concurrence would have a powerful, though, in general, a silent operation.
我的回答是，他们的同意的必要性将产生一种强有力的作用，尽管一般来说，这是一种无声的作用。
It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity.
这将是对总统偏袒精神的极好遏制，并且将大大防止任命因国家偏见、家庭关系、个人依恋或受欢迎程度而不合适的人物。
In addition to this, it would be an efficacious source of stability in the administration.
除此之外，它将成为政府稳定的有效来源。
It will readily be comprehended, that a man who had himself the sole disposition of offices, would be governed much more by his private inclinations and interests, than when he was bound to submit the propriety of his choice to the discussion and determination of a different and independent body, and that body an entire branch of the legislature.
不难理解，如果一个人拥有唯一的职务处置权，那么他将更多地受到他的私人倾向和利益的支配，而不是当他必须将他的选择的适当性提交给一个不同的、独立的机构（而该机构是立法机关的整个分支）讨论和决定时。
The possibility of rejection would be a strong motive to care in proposing.
拒绝的可能性将成为关心求婚的强烈动机。
The danger to his own reputation, and, in the case of an elective magistrate, to his political existence, from betraying a spirit of favoritism, or an unbecoming pursuit of popularity, to the observation of a body whose opinion would have great weight in forming that of the public, could not fail to operate as a barrier to the one and to the other.
从背叛一种偏袒精神或不恰当地追求受欢迎程度，到观察一个其意见对形成公众意见有重大影响的机构，对他自己的名誉以及对他的政治存在的危险，如果是选举产生的地方法官，不可能不成为双方的障碍。
He would be both ashamed and afraid to bring forward, for the most distinguished or lucrative stations, candidates who had no other merit than that of coming from the same State to which he particularly belonged, or of being in some way or other personally allied to him, or of possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure.
他会感到羞愧和害怕，为最杰出或最有利可图的职位推荐候选人，这些候选人除了来自他特别所属的同一州，或者以某种方式与他个人结盟，或者拥有必要的微不足道和柔顺，使他们成为他的快乐的谄媚工具之外，没有其他优点。
To this reasoning it has been objected that the President, by the influence of the power of nomination, may secure the complaisance of the Senate to his views.
对于这一推理，有人反对总统利用提名权的影响力来确保参议院同意他的观点。
This supposition of universal venalty in human nature is little less an error in political reasoning, than the supposition of universal rectitude.
这种人性普遍受贿的假设与普遍正直的假设一样，都是政治推理中的错误。
The institution of delegated power implies, that there is a portion of virtue and honor among mankind, which may be a reasonable foundation of confidence; and experience justifies the theory.
权力下放制度意味着，人类之间存在着一部分美德和荣誉，这可能是信任的合理基础；经验证明了这一理论。
It has been found to exist in the most corrupt periods of the most corrupt governments.
人们发现它存在于最腐败政府的最腐败时期。
The venalty of the British House of Commons has been long a topic of accusation against that body, in the country to which they belong as well as in this; and it cannot be doubted that the charge is, to a considerable extent, well founded.
英国下议院的贪婪长期以来一直是对该机构、在其所属国家以及在英国的指控的话题；毫无疑问，这种指控在很大程度上是有根据的。
But it is as little to be doubted, that there is always a large proportion of the body, which consists of independent and public-spirited men, who have an influential weight in the councils of the nation.
但毫无疑问的是，这个机构中总是有很大一部分由独立和热心公益的人士组成，他们在国家议会中具有影响力。
Hence it is (the present reign not excepted) that the sense of that body is often seen to control the inclinations of the monarch, both with regard to men and to measures.
因此（当前的统治也不例外），这个机构的意识常常被认为控制着君主的倾向，无论是在人事方面还是在措施方面。
Though it might therefore be allowable to suppose that the Executive might occasionally influence some individuals in the Senate, yet the supposition, that he could in general purchase the integrity of the whole body, would be forced and improbable.
因此，虽然可以允许假设行政长官偶尔会影响参议院中的某些人，但他通常可以购买整个机构的完整性的假设将是被迫的，也是不可能的。
A man disposed to view human nature as it is, without either flattering its virtues or exaggerating its vices, will see sufficient ground of confidence in the probity of the Senate, to rest satisfied, not only that it will be impracticable to the Executive to corrupt or seduce a majority of its members, but that the necessity of its co-operation, in the business of appointments, will be a considerable and salutary restraint upon the conduct of that magistrate.
一个愿意真实地看待人性的人，既不奉承人性的美德，也不夸大人性的罪恶，就会对元老院的廉洁有足够的信心，并感到满意，不仅行政部门腐败或引诱其大多数成员是不切实际的，而且行政部门在任命过程中的合作必要性将对那位地方法官的行为产生相当大和有益的限制。
Nor is the integrity of the Senate the only reliance.
参议院的诚信也不是唯一的依靠。
The Constitution has provided some important guards against the danger of executive influence upon the legislative body: it declares that "No senator or representative shall during the time for which he was elected, be appointed to any civil office under the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person, holding any office under the United States, shall be a member of either house during his continuance in office."
《宪法》规定了一些重要的防范措施，以防止行政部门对立法机构施加影响的危险：它规定，“参议员或众议员在当选期间不得被任命担任合众国境内任何在此期间设立的文职职位，或增加其薪酬；任何在合众国境内担任任何职务的人，在其继续任职期间不得担任两院议员。”
PUBLIUS
普布利乌斯
FEDERALIST No. 77
联邦党人文集 77 号
The Appointing Power Continued and Other Powers of the Executive Considered.
任命权继续存在，行政部门的其他权力也得到考虑。
From The Independent Journal.
来自独立杂志。
Wednesday, April 2, 1788.
1788 年 4 月 2 日星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IT HAS been mentioned as one of the advantages to be expected from the co-operation of the Senate, in the business of appointments, that it would contribute to the stability of the administration.
有人提到，参议院在任命事务中的合作可带来的好处之一是，这将有助于政府的稳定。
The consent of that body would be necessary to displace as well as to appoint.
更换和任命都需要得到该机构的同意。
A change of the Chief Magistrate, therefore, would not occasion so violent or so general a revolution in the officers of the government as might be expected, if he were the sole disposer of offices.
因此，如果首席治安官是唯一的职位处置者，那么他的更换不会像预期的那样在政府官员中引起如此剧烈或如此普遍的革命。
Where a man in any station had given satisfactory evidence of his fitness for it, a new President would be restrained from attempting a change in favor of a person more agreeable to him, by the apprehension that a discountenance of the Senate might frustrate the attempt, and bring some degree of discredit upon himself.
如果一个人在任何职位上都提供了令人满意的证据证明他适合担任总统，那么新总统就会被限制尝试改变对他更有利的人，因为他担心参议院的拒绝可能会挫败这一尝试，并给他自己带来一定程度的名誉扫地。
Those who can best estimate the value of a steady administration, will be most disposed to prize a provision which connects the official existence of public men with the approbation or disapprobation of that body which, from the greater permanency of its own composition, will in all probability be less subject to inconstancy than any other member of the government.
那些最能估计稳定政府的价值的人，将最倾向于珍视一项将公职人员的官方存在与该机构的认可或不认可联系起来的规定，该机构由于其自身组成的更大永久性，很可能比政府的任何其他成员都更少受到不稳定的影响。
To this union of the Senate with the President, in the article of appointments, it has in some cases been suggested that it would serve to give the President an undue influence over the Senate, and in others that it would have an opposite tendency--a strong proof that neither suggestion is true.
对于参议院与总统的这种联合，在任命条款中，在某些情况下，有人建议这将有助于赋予总统对参议院的不当影响力，而在其他情况下，它会产生相反的倾向——这有力地证明了这两种建议都是不正确的。
To state the first in its proper form, is to refute it.
以适当的形式陈述第一个，就是反驳它。
It amounts to this: the President would have an improper influence over the Senate, because the Senate would have the power of restraining him.
这相当于：总统将对参议院产生不当影响，因为参议院有限制他的权力。
This is an absurdity in terms.
这在术语上是荒谬的。
It cannot admit of a doubt that the entire power of appointment would enable him much more effectually to establish a dangerous empire over that body, than a mere power of nomination subject to their control.
毫无疑问，与受他们控制的单纯提名权相比，整个任命权将使他能够更有效地在该机构上建立一个危险的帝国。
Let us take a view of the converse of the proposition: "the Senate would influence the Executive." As I have had occasion to remark in several other instances, the indistinctness of the objection forbids a precise answer.
让我们看看这个命题的反面：“参议院将影响行政部门”。正如我有机会在其他几个例子中指出的那样，由于反对意见的模糊性，无法给出准确的答案。
In what manner is this influence to be exerted?
以何种方式发挥这种影响力？
In relation to what objects?
与什么对象相关？
The power of influencing a person, in the sense in which it is here used, must imply a power of conferring a benefit upon him.
影响一个人的力量，就其此处所用的意义而言，必定意味着赋予他某种利益的力量。
How could the Senate confer a benefit upon the President by the manner of employing their right of negative upon his nominations?
参议院如何通过对总统提名行使否决权的方式赋予总统好处呢？
If it be said they might sometimes gratify him by an acquiescence in a favorite choice, when public motives might dictate a different conduct, I answer, that the instances in which the President could be personally interested in the result, would be too few to admit of his being materially affected by the compliances of the Senate.
如果说，当公共动机可能决定不同的行为时，他们有时可能会通过默许他最喜欢的选择来满足他，我的回答是，总统个人对结果感兴趣的情况太少了，以至于无法承认他受到参议院遵守的实质性影响。
The POWER which can originate the disposition of honors and emoluments, is more likely to attract than to be attracted by the POWER which can merely obstruct their course.
能够发起荣誉和报酬分配的权力，更有可能吸引而不是被仅仅阻碍其进程的权力所吸引。
If by influencing the President be meant restraining him, this is precisely what must have been intended.
如果影响总统意味着限制他，那么这正是他的意图。
And it has been shown that the restraint would be salutary, at the same time that it would not be such as to destroy a single advantage to be looked for from the uncontrolled agency of that Magistrate.
事实证明，这种限制是有益的，同时也不会破坏从不受控制的治安法官机构中获得的任何好处。
The right of nomination would produce all the (good, without the ill.)(E1) (good of that of appointment, and would in a great measure avoid its evils.)(E1)
提名权将产生所有的（好的，没有坏的。）（E1）（任命的好处，并且会在很大程度上避免它的坏处。）（E1）
Upon a comparison of the plan for the appointment of the officers of the proposed government with that which is established by the constitution of this State, a decided preference must be given to the former.
将拟议政府官员的任命计划与本州宪法规定的计划进行比较后，必须明确优先考虑前者。
In that plan the power of nomination is unequivocally vested in the Executive.
在该计划中，提名权明确归属于执行委员会。
And as there would be a necessity for submitting each nomination to the judgment of an entire branch of the legislature, the circumstances attending an appointment, from the mode of conducting it, would naturally become matters of notoriety; and the public would be at no loss to determine what part had been performed by the different actors.
由于每项提名都必须提交立法机关整个部门的判断，因此任命的情况，从进行任命的方式来看，自然会成为臭名昭著的问题；公众可以毫不费力地确定不同演员扮演的角色。
The blame of a bad nomination would fall upon the President singly and absolutely.
糟糕的提名将全部归咎于总统。
The censure of rejecting a good one would lie entirely at the door of the Senate; aggravated by the consideration of their having counteracted the good intentions of the Executive.
拒绝一个好人的谴责将完全由参议院负责。考虑到他们违背了行政部门的良好意愿，情况更加恶化。
If an ill appointment should be made, the Executive for nominating, and the Senate for approving, would participate, though in different degrees, in the opprobrium and disgrace.
如果任命不当，提名的行政部门和批准的参议院都会参与谴责和耻辱，尽管程度不同。
The reverse of all this characterizes the manner of appointment in this State.
与此相反的是该国的任命方式。
The council of appointment consists of from three to five persons, of whom the governor is always one.
任命委员会由三至五人组成，其中总督始终是一名。
This small body, shut up in a private apartment, impenetrable to the public eye, proceed to the execution of the trust committed to them.
这个小小的机构，被关在私人公寓里，不为公众所知，继续执行对他们的信托。
It is known that the governor claims the right of nomination, upon the strength of some ambiguous expressions in the constitution; but it is not known to what extent, or in what manner he exercises it; nor upon what occasions he is contradicted or opposed.
众所周知，州长凭借宪法中一些含糊的表述而主张提名权；但尚不清楚他行使这一权力的程度或方式；也没有在什么场合他受到反驳或反对。
The censure of a bad appointment, on account of the uncertainty of its author, and for want of a determinate object, has neither poignancy nor duration.
由于其作者的不确定性和缺乏确定的目标，对糟糕任命的谴责既不令人心酸，也不持久。
And while an unbounded field for cabal and intrigue lies open, all idea of responsibility is lost.
当阴谋和阴谋的无限领域敞开时，所有责任的概念都消失了。
The most that the public can know, is that the governor claims the right of nomination; that two out of the inconsiderable number of four men can too often be managed without much difficulty; that if some of the members of a particular council should happen to be of an uncomplying character, it is frequently not impossible to get rid of their opposition by regulating the times of meeting in such a manner as to render their attendance inconvenient; and that from whatever cause it may proceed, a great number of very improper appointments are from time to time made.
公众最多能知道的就是州长主张提名权；为数不多的四个人中的两个人往往可以毫无困难地管理；如果某个议会的某些成员恰好具有不服从的性格，通过规定会议时间以使其出席不方便，往往并非不可能消除他们的反对；无论出于什么原因，时不时就会做出大量非常不恰当的任命。
Whether a governor of this State avails himself of the ascendant he must necessarily have, in this delicate and important part of the administration, to prefer to offices men who are best qualified for them, or whether he prostitutes that advantage to the advancement of persons whose chief merit is their implicit devotion to his will, and to the support of a despicable and dangerous system of personal influence, are questions which, unfortunately for the community, can only be the subjects of speculation and conjecture.
这个州的州长是否利用优势，在行政管理的这个微妙而重要的部分，他必须优先选择最有资格担任这些职位的人，或者他是否滥用这种优势来提拔那些主要优点是隐含地忠于他的意志的人，并支持卑鄙和危险的个人影响力体系，不幸的是，对于社会来说，这些问题只能是猜测和猜想的主题。
Every mere council of appointment, however constituted, will be a conclave, in which cabal and intrigue will have their full scope.
每一次任命委员会，无论其组成如何，都将是一次秘密会议，阴谋集团和阴谋将在其中发挥其全部作用。
Their number, without an unwarrantable increase of expense, cannot be large enough to preclude a facility of combination.
在不增加不必要的费用的情况下，它们的数量不可能大到足以排除合并的可能性。
And as each member will have his friends and connections to provide for, the desire of mutual gratification will beget a scandalous bartering of votes and bargaining for places.
由于每个成员都有自己的朋友和关系网需要照顾，相互满足的愿望将导致可耻的以物易物和席位讨价还价。
The private attachments of one man might easily be satisfied; but to satisfy the private attachments of a dozen, or of twenty men, would occasion a monopoly of all the principal employments of the government in a few families, and would lead more directly to an aristocracy or an oligarchy than any measure that could be contrived.
一个人的私人依恋很容易得到满足；一个人的私人依恋很容易得到满足。但是，为了满足十几个人或二十个人的私人依恋，就会导致少数家庭垄断政府的所有主要工作，并且比任何可以设计的措施都更直接地导致贵族或寡头政治。
If, to avoid an accumulation of offices, there was to be a frequent change in the persons who were to compose the council, this would involve the mischiefs of a mutable administration in their full extent.
如果为了避免职位的积累，必须频繁更换理事会的组成人员，这将充分涉及易变的政府的危害。
Such a council would also be more liable to executive influence than the Senate, because they would be fewer in number, and would act less immediately under the public inspection.
这样的委员会也比参议院更容易受到行政部门的影响，因为它们的数量较少，并且在公众监督下采取的行动也较少。
Such a council, in fine, as a substitute for the plan of the convention, would be productive of an increase of expense, a multiplication of the evils which spring from favoritism and intrigue in the distribution of public honors, a decrease of stability in the administration of the government, and a diminution of the security against an undue influence of the Executive.
总而言之，这样一个委员会作为国民公会计划的替代品，将导致开支增加，公共荣誉分配中的偏袒和阴谋所产生的祸害增加，政府管理的稳定性下降，以及针对行政部门不当影响的安全性减弱。
And yet such a council has been warmly contended for as an essential amendment in the proposed Constitution.
然而，这样一个委员会一直受到热烈欢迎，认为这是拟议宪法中的一项重要修正案。
I could not with propriety conclude my observations on the subject of appointments without taking notice of a scheme for which there have appeared some, though but few advocates; I mean that of uniting the House of Representatives in the power of making them.
在没有注意到一项计划的情况下，我无法恰当地结束我对任命问题的看法，尽管该计划似乎有一些支持者，但支持者却很少。我的意思是联合众议院制定这些计划的权力。
I shall, however, do little more than mention it, as I cannot imagine that it is likely to gain the countenance of any considerable part of the community.
然而，我只想提一下它，因为我无法想象它可能会得到社会上任何相当一部分人的支持。
A body so fluctuating and at the same time so numerous, can never be deemed proper for the exercise of that power.
一个如此波动且数量众多的机构，永远不能被认为适合行使这种权力。
Its unfitness will appear manifest to all, when it is recollected that in half a century it may consist of three or four hundred persons.
当回想起半个世纪后它可能由三四百人组成时，它的不适宜性将是显而易见的。
All the advantages of the stability, both of the Executive and of the Senate, would be defeated by this union, and infinite delays and embarrassments would be occasioned.
行政部门和参议院的所有稳定优势都将被这个联盟所击败，并且会造成无限的拖延和尴尬。
The example of most of the States in their local constitutions encourages us to reprobate the idea.
大多数州在当地宪法中的例子鼓励我们驳斥这个想法。
The only remaining powers of the Executive are comprehended in giving information to Congress of the state of the Union; in recommending to their consideration such measures as he shall judge expedient; in convening them, or either branch, upon extraordinary occasions; in adjourning them when they cannot themselves agree upon the time of adjournment; in receiving ambassadors and other public ministers; in faithfully executing the laws; and in commissioning all the officers of the United States.
行政部门仅存的权力是向国会提供国情信息；建议他们考虑他认为有利的措施；在特殊情况下召集这些会议或任何一个分支机构；当他们自己不能就休会时间达成一致时，休会；接待大使和其他公共部长；忠实执行法律；并任命美国所有军官。
Except some cavils about the power of convening either house of the legislature, and that of receiving ambassadors, no objection has been made to this class of authorities; nor could they possibly admit of any.
除了对召集立法机关两院和接待大使的权力提出一些挑剔外，没有人对此类权力提出任何反对意见。他们也不可能承认任何一个。
It required, indeed, an insatiable avidity for censure to invent exceptions to the parts which have been excepted to.
事实上，它需要对谴责有永不满足的热情，才能为已被排除的部分发明例外。
In regard to the power of convening either house of the legislature, I shall barely remark, that in respect to the Senate at least, we can readily discover a good reason for it.
关于召集立法机关两院的权力，我几乎不想说，至少就参议院而言，我们可以很容易地找到一个很好的理由。
AS this body has a concurrent power with the Executive in the article of treaties, it might often be necessary to call it together with a view to this object, when it would be unnecessary and improper to convene the House of Representatives.
由于该机构在条约条款中与行政部门拥有并行权力，因此，当召开众议院会议既不必要也不恰当时，为了实现这一目标，常常有必要将其召集在一起。
As to the reception of ambassadors, what I have said in a former paper will furnish a sufficient answer.
至于接待大使的问题，我在前一篇文章中已经说过，已经足够回答了。
We have now completed a survey of the structure and powers of the executive department, which, I have endeavored to show, combines, as far as republican principles will admit, all the requisites to energy.
我们现在已经完成了对行政部门的结构和权力的调查，我尽力表明，就共和主义原则所承认的而言，行政部门结合了能源的所有必要条件。
The remaining inquiry is: Does it also combine the requisites to safety, in a republican sense--a due dependence on the people, a due responsibility?
剩下的问题是：它是否也结合了共和主义意义上的安全的必要条件——对人民的应有依赖、应有的责任？
The answer to this question has been anticipated in the investigation of its other characteristics, and is satisfactorily deducible from these circumstances; from the election of the President once in four years by persons immediately chosen by the people for that purpose; and from his being at all times liable to impeachment, trial, dismission from office, incapacity to serve in any other, and to forfeiture of life and estate by subsequent prosecution in the common course of law.
这个问题的答案已经在对其其他特征的研究中得到了预期，并且可以从这些情况中令人满意地推论出来；总统每四年由人民为此目的直接选出的人选举一次；并且他在任何时候都可能受到弹劾、审判、解雇、丧失担任任何其他职位的能力，以及随后根据普通法律程序被起诉而被没收生命和财产。
But these precautions, great as they are, are not the only ones which the plan of the convention has provided in favor of the public security.
但是，这些预防措施虽然很有效，但并不是大会计划为公共安全提供的唯一措施。
In the only instances in which the abuse of the executive authority was materially to be feared, the Chief Magistrate of the United States would, by that plan, be subjected to the control of a branch of the legislative body.
在唯一严重担心滥用行政权力的情况下，根据该计划，美国首席法官将受到立法机构一个分支的控制。
What more could be desired by an enlightened and reasonable people?
对于一个开明、理性的人民来说，还能有什么更多的期望呢？
PUBLIUS
普布利乌斯
E1.
E1。
These two alternate endings of this sentence appear in different editions.
这句话的这两个交替结尾出现在不同的版本中。
FEDERALIST No. 78
联邦党人文集 78 号
The Judiciary Department
司法部
From McLEAN'S Edition, New York.
来自纽约麦克莱恩版。
Wednesday, May 28, 1788
1788 年 5 月 28 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
WE PROCEED now to an examination of the judiciary department of the proposed government.
我们现在着手审查拟议政府的司法部门。
In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out.
在揭示现有联邦的缺陷的同时，明确指出了联邦司法的效用和必要性。
It is the less necessary to recapitulate the considerations there urged, as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being relative to the manner of constituting it, and to its extent.
没有必要重述其中所敦促的考虑因素，因为抽象机构的适当性是没有争议的。所提出的唯一问题与它的构成方式及其范围有关。
To these points, therefore, our observations shall be confined.
因此，我们的观察仅限于这些。
The manner of constituting it seems to embrace these several objects: 1st.
它的构成方式似乎包含以下几个目标：第一。
The mode of appointing the judges.
法官的任命方式。
2d.
2d.
The tenure by which they are to hold their places.
他们保有其职位的任期。
3d.
3d.
The partition of the judiciary authority between different courts, and their relations to each other.
不同法院之间司法权的划分及其相互关系。
First.
第一的。
As to the mode of appointing the judges; this is the same with that of appointing the officers of the Union in general, and has been so fully discussed in the two last numbers, that nothing can be said here which would not be useless repetition.
关于法官的任命方式；这与任命一般联盟官员的情况相同，并且在最后两期中已经进行了如此充分的讨论，因此这里不能说任何不是无用的重复。
Second.
第二。
As to the tenure by which the judges are to hold their places; this chiefly concerns their duration in office; the provisions for their support; the precautions for their responsibility.
至于法官的任期；这主要涉及他们的任期；支持他们的规定；其责任的预防措施。
According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good behavior; which is conformable to the most approved of the State constitutions and among the rest, to that of this State.
根据公约的计划，所有可能由美国任命的法官都必须在表现良好的情况下任职；它符合最受认可的州宪法，尤其是本州宪法。
Its propriety having been drawn into question by the adversaries of that plan, is no light symptom of the rage for objection, which disorders their imaginations and judgments.
该计划的反对者对该计划的合理性提出了质疑，这并不是反对的愤怒的轻微症状，这扰乱了他们的想象力和判断力。
The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government.
司法官员继续任职的良好行为标准无疑是现代政府实践中最有价值的改进之一。
In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body.
在君主政体中，它是防止君主专制的极好屏障。在共和国中，它是防止代表机构侵犯和压迫的绝佳屏障。
And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.
这是任何政府所能采取的最佳权宜之计，以确保法律的稳定、正直和公正的执行。
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.
任何仔细考虑不同权力部门的人都必须认识到，在一个权力部门相互分离的政府中，司法部门从其职能的性质来看，对宪法规定的政治权利的危险永远是最小的。因为它最不可能惹恼或伤害他们。
The Executive not only dispenses the honors, but holds the sword of the community.
行政长官不仅颁发荣誉，更握有社会之剑。
The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated.
立法机关不仅掌管钱袋，而且制定规则来规范每个公民的义务和权利。
The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.
相反，司法部门对剑和钱袋都没有影响力。社会的力量或财富没有方向；并且无法采取任何积极的解决方案。
It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
确实可以说，它既没有力量，也没有意志，而只有判断力。即使其判断的有效性，最终也必须依赖于执行机构的帮助。
This simple view of the matter suggests several important consequences.
这种对问题的简单看法表明了几个重要的后果。
It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power(1); that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks.
无可争议地证明，司法部门是三个权力部门中最弱的一个(1)；它永远无法成功攻击另外两者中的任何一个；并且必须采取一切可能的谨慎措施，以使其能够抵御攻击。
It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive.
它同样证明，尽管法院可能时不时地对个人进行压迫，但人民的普遍自由绝不会因此而受到威胁；我的意思是，只要司法机构与立法机构和行政机构保持真正的区别。
For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers."(2) And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments; that as all the effects of such a union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
因为我同意，“如果审判权不与立法权和行政权分开，就没有自由。”（2）最后，它证明，作为自由，不必担心单独的司法部门，但会担心司法部门与其他部门的联合；尽管存在名义上和表面上的分离，但这种联盟的所有影响都必须源自前者对后者的依赖；由于司法机构天生的软弱性，它不断处于被其协调部门压倒、敬畏或影响的危险之中；由于没有什么比永久任职更能增强其坚定性和独立性，因此，这种品质可以被公正地视为其宪法中不可或缺的组成部分，并且在很大程度上被视为公共司法和公共安全的堡垒。
The complete independence of the courts of justice is peculiarly essential in a limited Constitution.
法院的完全独立在有限的宪法中尤为重要。
By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
根据我的理解，有限宪法包含立法权的某些特定例外；例如，不得通过剥夺公民权法案、事后法律等。
Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
在实践中，只有通过法院才能保留这种限制，法院的职责必须是宣布所有违反宪法明确主旨的行为无效。
Without this, all the reservations of particular rights or privileges would amount to nothing.
如果没有这一点，所有对特定权利或特权的保留都将毫无意义。
Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power.
关于法院因违反宪法而宣布立法行为无效的权利，人们产生了一些困惑，这是因为人们认为该原则意味着司法权高于立法权。
It is urged that the authority which can declare the acts of another void, must necessarily be superior to the one whose acts may be declared void.
有人主张，可以宣布另一人的行为无效的当局必须高于可以宣布其行为无效的当局。
As this doctrine is of great importance in all the American constitutions, a brief discussion of the ground on which it rests cannot be unacceptable.
由于这一学说在所有美国宪法中都非常重要，因此对其所依据的基础进行简短的讨论是不可接受的。
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.
没有什么立场比这更明确的原则了，即授权机构的每一项行为，如果与行使该权力的委员会的宗旨相反，都是无效的。
No legislative act, therefore, contrary to the Constitution, can be valid.
因此，任何违反宪法的立法行为都是无效的。
To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
否认这一点，就等于肯定副手比他的主事人更伟大。仆人高于主人；人民代表高于人民本身；凭借权力行事的人不仅可以做他们的权力未授权的事，而且可以做他们禁止的事。
If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
如果说立法机构本身就是其权力的宪法法官，并且他们对立法机构的解释对其他部门来说是决定性的，那么可以回答说，这不可能是自然的推定，因为它不能从宪法的任何特定条款中收集。
It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents.
否则就不能认为，宪法可能打算让人民代表能够以他们的意志取代选民的意志。
It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
更合理的假设是，法院被设计为人民和立法机关之间的中间机构，目的之一是使后者保持在赋予其权力的范围内。
The interpretation of the laws is the proper and peculiar province of the courts.
法律的解释是法院的适当且特殊的职权范围。
A constitution is, in fact, and must be regarded by the judges, as a fundamental law.
事实上，法官必须将宪法视为基本法。
It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
因此，他们有责任确定其含义以及立法机构提出的任何特定行为的含义。
If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
如果两者之间存在不可调和的分歧，当然应该优先选择具有较高义务和效力的一方；或者，换句话说，宪法应该优先于制定法，人民的意图应该优先于其代理人的意图。
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power.
这一结论也绝不意味着司法权优于立法权。
It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former.
它只是假设人民的力量高于两者；当立法机关在其法规中宣布的意志与在宪法中宣布的人民的意志相对立时，法官应该受后者而不是前者的管辖。
They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
他们应该根据基本规律而不是非基本规律来规范自己的决定。
This exercise of judicial discretion, in determining between two contradictory laws, is exemplified in a familiar instance.
在两个相互矛盾的法律之间进行裁决时行使司法自由裁量权，是一个熟悉的例子。
It not uncommonly happens, that there are two statutes existing at one time, clashing in whole or in part with each other, and neither of them containing any repealing clause or expression.
同时存在两项法规，全部或部分相互冲突，且两者均不包含任何废除条款或表述的情况并不罕见。
In such a case, it is the province of the courts to liquidate and fix their meaning and operation.
在这种情况下，法院有权清算并确定其含义和运作。
So far as they can, by any fair construction, be reconciled to each other, reason and law conspire to dictate that this should be done; where this is impracticable, it becomes a matter of necessity to give effect to one, in exclusion of the other.
只要它们能够通过任何公平的解释相互协调，理性和法律就共同规定应该这样做；如果这一点不可行，则必须实施其中一项，而排除另一项。
The rule which has obtained in the courts for determining their relative validity is, that the last in order of time shall be preferred to the first.
法院在确定其相对有效性时所采用的规则是，按时间顺序排列的最后一个应优先于第一个。
But this is a mere rule of construction, not derived from any positive law, but from the nature and reason of the thing.
但这只是一个建构规则，并非源自任何实在法，而是源自事物的本质和原因。
It is a rule not enjoined upon the courts by legislative provision, but adopted by themselves, as consonant to truth and propriety, for the direction of their conduct as interpreters of the law.
该规则并非由立法规定强加于法院，而是由法院自行采纳，以符合真理和适当性，以指导法院作为法律解释者的行为。
They thought it reasonable, that between the interfering acts of an EQUAL authority, that which was the last indication of its will should have the preference.
他们认为合理的是，在平等权威的干预行为中，最后表明其意愿的行为应该具有优先权。
But in regard to the interfering acts of a superior and subordinate authority, of an original and derivative power, the nature and reason of the thing indicate the converse of that rule as proper to be followed.
但对于上级机关和下级机关、原始权力和派生权力的干涉行为，事物的性质和原因表明，应该遵循该规则的相反规定。
They teach us that the prior act of a superior ought to be preferred to the subsequent act of an inferior and subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.
他们教导我们，上级的先前行为应该优先于下级和下属当局的后续行为；因此，每当某一特定法规与《宪法》相抵触时，司法法庭就有责任遵守后者而忽视前者。
It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature.
说法院可以以令人反感为借口，以自己的意愿取代立法机关的宪法意图，这一点毫无意义。
This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute.
这也可能发生在两个相互矛盾的法规的情况下；或者它也可能发生在任何单一法规的每次裁决中。
The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body.
法院必须宣告法律的含义；如果他们倾向于运用意志而不是判断，那么结果同样会是他们的意愿取代了立法机构的意愿。
The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.
如果这一观察能证明什么的话，那就将证明不应该有与该机构不同的法官。
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
那么，如果法院被视为有限宪法反对立法侵犯的堡垒，那么这种考虑将为司法职位的永久任期提供强有力的论据，因为没有什么比这更有助于法官的独立精神，而独立精神对于忠实履行如此艰巨的职责至关重要。
This independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor party in the community.
法官的这种独立性对于保护宪法和个人权利免受那些不良情绪的影响同样是必要的，这些不良情绪有时是由于人的设计艺术或特定形势的影响而在人民内部传播的，尽管它们很快就会让位于更好的信息和更深思熟虑的反思，但与此同时，它们却有可能在政府中引发危险的创新，并对社会中的小党派造成严重的压迫。
Though I trust the friends of the proposed Constitution will never concur with its enemies,(3) in questioning that fundamental principle of republican government, which admits the right of the people to alter or abolish the established Constitution, whenever they find it inconsistent with their happiness, yet it is not to be inferred from this principle, that the representatives of the people, whenever a momentary inclination happens to lay hold of a majority of their constituents, incompatible with the provisions in the existing Constitution, would, on that account, be justifiable in a violation of those provisions; or that the courts would be under a greater obligation to connive at infractions in this shape, than when they had proceeded wholly from the cabals of the representative body.
虽然我相信拟议宪法的朋友们永远不会同意其敌人的观点，（3）质疑共和政府的基本原则，即承认人民有权在任何时候发现宪法与他们的幸福不一致时改变或废除既定宪法，但不能从这一原则推断出，每当大多数选民碰巧出现与现行宪法规定不相容的短暂倾向时，人民代表就有正当理由违反这些规定；或者说，与完全由代表机构的阴谋集团行事相比，法院有更大的义务纵容这种形式的违法行为。
Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act.
在人民通过某种庄严和权威的行为废除或改变既定形式之前，它对他们个人和集体都有约束力；在这种行为之前，任何对他们情绪的推测，甚至是了解，都不能保证他们的代表背离这一观点。
But it is easy to see, that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community.
但很容易看出，法官需要具有非凡的毅力才能履行宪法忠实卫士的职责，而立法上对宪法的侵犯是由社会主要声音煽动的。
But it is not with a view to infractions of the Constitution only, that the independence of the judges may be an essential safeguard against the effects of occasional ill humors in the society.
但法官的独立性并不仅仅是为了防止违反宪法，法官的独立性可能是防止社会上偶尔出现的不良情绪影响的重要保障。
These sometimes extend no farther than to the injury of the private rights of particular classes of citizens, by unjust and partial laws.
这些有时只不过是不公正和片面的法律对特定阶层公民的私人权利的损害。
Here also the firmness of the judicial magistracy is of vast importance in mitigating the severity and confining the operation of such laws.
在这里，司法机关的坚定性对于减轻此类法律的严厉性和限制其实施也至关重要。
It not only serves to moderate the immediate mischiefs of those which may have been passed, but it operates as a check upon the legislative body in passing them; who, perceiving that obstacles to the success of iniquitous intention are to be expected from the scruples of the courts, are in a manner compelled, by the very motives of the injustice they meditate, to qualify their attempts.
它不仅可以缓和那些可能已通过的法案所带来的直接危害，而且还可以对立法机构通过这些法案进行制衡。他们认识到法院的顾虑会阻碍不公正意图的成功，因此他们所考虑的不公正动机在某种程度上迫使他们限制自己的企图。
This is a circumstance calculated to have more influence upon the character of our governments, than but few may be aware of.
这种情况对我们政府的性格影响更大，但很少有人意识到。
The benefits of the integrity and moderation of the judiciary have already been felt in more States than one; and though they may have displeased those whose sinister expectations they may have disappointed, they must have commanded the esteem and applause of all the virtuous and disinterested.
不止一个国家已经感受到司法机构廉正和温和的好处；尽管他们可能令那些他们的邪恶期望落空的人感到不高兴，但他们一定赢得了所有有道德和无私的人的尊重和喝彩。
Considerate men, of every description, ought to prize whatever will tend to beget or fortify that temper in the courts: as no man can be sure that he may not be to-morrow the victim of a spirit of injustice, by which he may be a gainer to-day.
凡是有思想的人，无论是什么样的人，都应该珍惜在法庭上任何会引起或强化这种脾气的东西：因为没有人能确定他明天不会成为不公正精神的受害者，而今天他可能会因此而成为受益者。
And every man must now feel, that the inevitable tendency of such a spirit is to sap the foundations of public and private confidence, and to introduce in its stead universal distrust and distress.
现在每个人都必须感到，这种精神的不可避免的趋势是削弱公共和私人信任的基础，并带来普遍的不信任和痛苦。
That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission.
我们认为，法院不可缺少的对宪法权利和个人权利的坚定和统一的遵守，当然不能指望通过临时委员会担任职务的法官能做到这一点。
Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence.
定期任命，无论受到怎样的监管，或者由谁做出，都会以某种方式对其必要的独立性造成致命的影响。
If the power of making them was committed either to the Executive or legislature, there would be danger of an improper complaisance to the branch which possessed it; if to both, there would be an unwillingness to hazard the displeasure of either; if to the people, or to persons chosen by them for the special purpose, there would be too great a disposition to consult popularity, to justify a reliance that nothing would be consulted but the Constitution and the laws.
如果制定这些权力的权力被授予行政机关或立法机关，那么就会存在对拥有该权力的部门进行不当奉承的危险；如果对双方来说，都不愿意冒惹任何一方不悦的风险；如果对人民或他们为特殊目的而选择的人来说，那么他们就太倾向于征求民众的意见，以至于不能证明除了宪法和法律之外什么都不会征求意见。
There is yet a further and a weightier reason for the permanency of the judicial offices, which is deducible from the nature of the qualifications they require.
司法职位的长期存在还有一个更进一步、更重要的原因，这可以从他们所要求的资格的性质中推断出来。
It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free government.
人们经常非常恰当地指出，冗长的法律法规是与自由政府的优势必然相关的不便之一。
To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them.
为了避免法院任意裁量，他们必须受到严格的规则和先例的约束，这些规则和先例有助于界定和指出他们在审理的每个具体案件中的职责；从人类的愚蠢和邪恶所产生的各种争议中，我们很容易想到，这些先例的记录必然会不可避免地增加到相当大的数量，并且必须需要长期而艰苦的研究才能获得对它们的充分了解。
Hence it is, that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges.
因此，社会上只有极少数人具备足够的法律技能，有资格担任法官。
And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who unite the requisite integrity with the requisite knowledge.
如果对人性中普遍存在的堕落进行适当的推论，那么将必要的正直与必要的知识结合起来的人的数量必定更少。
These considerations apprise us, that the government can have no great option between fit character; and that a temporary duration in office, which would naturally discourage such characters from quitting a lucrative line of practice to accept a seat on the bench, would have a tendency to throw the administration of justice into hands less able, and less well qualified, to conduct it with utility and dignity.
这些考虑告诉我们，政府在性格合适和性格合适之间别无选择。短暂的任期自然会阻止这些人放弃利润丰厚的行当而接受法官的席位，而且很可能会将司法工作交给能力较差、资质较差的人，从而无法有效和有尊严地执行司法工作。
In the present circumstances of this country, and in those in which it is likely to be for a long time to come, the disadvantages on this score would be greater than they may at first sight appear; but it must be confessed, that they are far inferior to those which present themselves under the other aspects of the subject.
在这个国家目前的情况下，以及在未来很长一段时间内可能出现的情况下，在这方面的劣势将比乍看起来更大；但必须承认，它们远不如那些在该主题的其他方面表现出来的人。
Upon the whole, there can be no room to doubt that the convention acted wisely in copying from the models of those constitutions which have established good behavior as the tenure of their judicial offices, in point of duration; and that so far from being blamable on this account, their plan would have been inexcusably defective, if it had wanted this important feature of good government.
总而言之，毫无疑问，国民公会抄袭那些在司法职位任期方面确立了良好行为的宪法模式是明智的。到目前为止，如果他们想要善政的这一重要特征，他们的计划就不会因此而受到指责，而是存在不可原谅的缺陷。
The experience of Great Britain affords an illustrious comment on the excellence of the institution.
英国的经验对该机构的卓越性作出了杰出的评价。
PUBLIUS
普布利乌斯
1.
1.
The celebrated Montesquieu, speaking of them, says: "Of the three powers above mentioned, the judiciary is next to nothing."--Spirit of Laws.
著名的孟德斯鸠在谈到这些权力时说道：“在上述三种权力中，司法机关几乎算不上什么。”——《法律的精神》。
Vol. I, page 186.
卷。我，第 186 页。
2.
2.
Idem, page 181.
同上，第 181 页。
3.
3.
Vide Protest of the Minority of the Convention of Pennsylvania, Martin's Speech, etc.
宾夕法尼亚会议少数派的维迪抗议、马丁的演讲等
FEDERALIST No. 79
联邦党人文集 79 号
The Judiciary Continued
司法机构继续
From MCLEAN's Edition, New York.
来自纽约 MCLEAN 版。
Wednesday, May 28, 1788
1788 年 5 月 28 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
NEXT to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
除了长期任职之外，没有什么比为法官提供固定的支持更能促进法官的独立性了。
The remark made in relation to the President is equally applicable here.
关于总统的言论同样适用于此。
In the general course of human nature, a power over a man's subsistence amounts to a power over his will.
在人性的一般过程中，对一个人的生存的权力就等于对他的意志的权力。
And we can never hope to see realized in practice, the complete separation of the judicial from the legislative power, in any system which leaves the former dependent for pecuniary resources on the occasional grants of the latter.
如果司法权与立法权的财政资源依赖于后者偶尔的拨款，那么我们永远不可能希望在实践中实现司法权与立法权的完全分离。
The enlightened friends to good government in every State, have seen cause to lament the want of precise and explicit precautions in the State constitutions on this head.
各州善政的开明朋友们有理由感叹州宪法在这方面缺乏精确和明确的预防措施。
Some of these indeed have declared that permanent(1) salaries should be established for the judges; but the experiment has in some instances shown that such expressions are not sufficiently definite to preclude legislative evasions.
其中一些确实宣称应为法官制定长期（1）薪金；但在某些情况下的实验表明，这种表述不够明确，不足以排除立法规避行为。
Something still more positive and unequivocal has been evinced to be requisite.
一些更积极、更明确的东西已被证明是必要的。
The plan of the convention accordingly has provided that the judges of the United States "shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office."
因此，该公约的计划规定，美国法官“应在规定的时间获得其服务的报酬，且在其继续任职期间不得减少”。
This, all circumstances considered, is the most eligible provision that could have been devised.
考虑到所有情况，这是本可以制定的最合适的条款。
It will readily be understood that the fluctuations in the value of money and in the state of society rendered a fixed rate of compensation in the Constitution inadmissible.
不难理解，货币价值和社会状况的波动使得宪法中的固定补偿率不可接受。
What might be extravagant to-day, might in half a century become penurious and inadequate.
今天可能是奢侈的东西，半个世纪后可能会变得吝啬和不足。
It was therefore necessary to leave it to the discretion of the legislature to vary its provisions in conformity to the variations in circumstances, yet under such restrictions as to put it out of the power of that body to change the condition of the individual for the worse.
因此，有必要让立法机关根据情况的变化自行决定修改其规定，但要受到这样的限制，即该机构无权使个人的状况变得更糟。
A man may then be sure of the ground upon which he stands, and can never be deterred from his duty by the apprehension of being placed in a less eligible situation.
这样，一个人就可以确定自己所处的立场，并且永远不会因为担心自己处于不合适的境地而阻止自己的职责。
The clause which has been quoted combines both advantages.
所引用的条款结合了这两种优点。
The salaries of judicial officers may from time to time be altered, as occasion shall require, yet so as never to lessen the allowance with which any particular judge comes into office, in respect to him.
司法官员的薪金可根据情况需要不时调整，但不得减少任何特定法官上任时所获得的津贴。
It will be observed that a difference has been made by the convention between the compensation of the President and of the judges, That of the former can neither be increased nor diminished; that of the latter can only not be diminished.
值得注意的是，公约对总统和法官的报酬有所不同，前者的报酬既不能增加也不能减少；后者的作用只可不减。
This probably arose from the difference in the duration of the respective offices.
这可能是由于各自任职期限的差异所致。
As the President is to be elected for no more than four years, it can rarely happen that an adequate salary, fixed at the commencement of that period, will not continue to be such to its end.
由于总统的任期不超过四年，因此在任期开始时确定的足够薪水很少会持续到任期结束。
But with regard to the judges, who, if they behave properly, will be secured in their places for life, it may well happen, especially in the early stages of the government, that a stipend, which would be very sufficient at their first appointment, would become too small in the progress of their service.
但对于法官来说，如果他们行为得当，将终身任职，特别是在政府的早期阶段，很可能会发生这样的情况：在他们第一次任命时非常足够的津贴，在他们服务的过程中会变得太少。
This provision for the support of the judges bears every mark of prudence and efficacy; and it may be safely affirmed that, together with the permanent tenure of their offices, it affords a better prospect of their independence than is discoverable in the constitutions of any of the States in regard to their own judges.
这项为法官提供支持的规定非常谨慎和有效；可以肯定的是，连同其职位的永久任期，它为法官的独立性提供了比任何州宪法中关于其法官的更好的前景。
The precautions for their responsibility are comprised in the article respecting impeachments.
关于弹劾的条款中包含了其责任的预防措施。
They are liable to be impeached for malconduct by the House of Representatives, and tried by the Senate; and, if convicted, may be dismissed from office, and disqualified for holding any other.
他们可能因不当行为而受到众议院弹劾，并由参议院审判；如果罪名成立，可能会被解雇，并取消担任任何其他职位的资格。
This is the only provision on the point which is consistent with the necessary independence of the judicial character, and is the only one which we find in our own Constitution in respect to our own judges.
这是与司法性质的必要独立性相一致的唯一规定，也是我们在我们自己的宪法中找到的关于我们自己的法官的唯一规定。
The want of a provision for removing the judges on account of inability has been a subject of complaint.
缺乏因无能力而罢免法官的规定一直是人们抱怨的话题。
But all considerate men will be sensible that such a provision would either not be practiced upon or would be more liable to abuse than calculated to answer any good purpose.
但所有有思想的人都会意识到，这样的规定要么不会被实施，要么更容易被滥用，而不是为了实现任何良好的目的。
The mensuration of the faculties of the mind has, I believe, no place in the catalogue of known arts.
我相信，对心灵能力的测量在已知艺术的目录中没有一席之地。
An attempt to fix the boundary between the regions of ability and inability, would much oftener give scope to personal and party attachments and enmities than advance the interests of justice or the public good.
试图确定有能力和无能力之间的界限，往往会助长个人和政党的依恋和敌意，而不是促进正义或公共利益的利益。
The result, except in the case of insanity, must for the most part be arbitrary; and insanity, without any formal or express provision, may be safely pronounced to be a virtual disqualification.
除了精神错乱的情况外，结果在很大程度上必须是任意的；如果没有任何正式或明确的规定，精神错乱可以被安全地宣布为实际上的取消资格。
The constitution of New York, to avoid investigations that must forever be vague and dangerous, has taken a particular age as the criterion of inability.
纽约宪法为了避免永远含糊和危险的调查，以特定年龄作为无能力的标准。
No man can be a judge beyond sixty.
六十岁以上的人不能当法官。
I believe there are few at present who do not disapprove of this provision.
我相信目前没有几个人不反对这个规定。
There is no station, in relation to which it is less proper than to that of a judge.
没有什么职位比法官的职位更不合适了。
The deliberating and comparing faculties generally preserve their strength much beyond that period in men who survive it; and when, in addition to this circumstance, we consider how few there are who outlive the season of intellectual vigor, and how improbable it is that any considerable portion of the bench, whether more or less numerous, should be in such a situation at the same time, we shall be ready to conclude that limitations of this sort have little to recommend them.
对于那些幸存下来的人来说，深思熟虑和比较的能力通常在那个时期之后仍然保持着力量。除了这种情况之外，当我们考虑到在知识分子活力旺盛的时期幸存下来的人是多么少，以及板凳席中的任何相当一部分，无论数量多少，同时处于这种情况是多么不可能时，我们将准备好得出这样的结论：这种限制几乎没有什么值得推荐的。
In a republic, where fortunes are not affluent, and pensions not expedient, the dismission of men from stations in which they have served their country long and usefully, on which they depend for subsistence, and from which it will be too late to resort to any other occupation for a livelihood, ought to have some better apology to humanity than is to be found in the imaginary danger of a superannuated bench.
在一个财富不富裕、退休金不方便的共和国里，将人们从长期有效地为国家服务、赖以生存的岗位上解雇，这样就为人类带来了比想象中的退休长凳的危险更好的道歉。
PUBLIUS
普布利乌斯
1.
1.
Vide Constitution of Massachusetts, Chapter 2, Section 1, Article 13.
参见马萨诸塞州宪法，第 2 章，第 1 节，第 13 条。
FEDERALIST No. 80
联邦党人文集 80 号
The Powers of the Judiciary
司法机关的权力
From McLEAN's Edition, New York.
来自纽约麦克莱恩版。
Wednesday, May 28, 1788.
1788 年 5 月 28 日，星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
TO JUDGE with accuracy of the proper extent of the federal judicature, it will be necessary to consider, in the first place, what are its proper objects.
为了准确判断联邦司法的适当范围，有必要首先考虑其适当的目标是什么。
It seems scarcely to admit of controversy, that the judiciary authority of the Union ought to extend to these several descriptions of cases: 1st, to all those which arise out of the laws of the United States, passed in pursuance of their just and constitutional powers of legislation; 2d, to all those which concern the execution of the provisions expressly contained in the articles of Union; 3d, to all those in which the United States are a party; 4th, to all those which involve the PEACE of the CONFEDERACY, whether they relate to the intercourse between the United States and foreign nations, or to that between the States themselves; 5th, to all those which originate on the high seas, and are of admiralty or maritime jurisdiction; and, lastly, to all those in which the State tribunals cannot be supposed to be impartial and unbiased.
联邦的司法权应该扩展到以下几种情况，这似乎是不容争议的：第一，所有那些源于美国法律、依据其公正和宪法立法权而通过的法律； 2d、所有与执行联盟章程中明确规定的条款相关的人员； 3d，致所有美国为缔约方的国家； 4、所有涉及联邦和平的事项，无论是涉及美国与外国之间的交往，还是涉及各州本身之间的交往； 5、所有源自公海并受海事或海事管辖的船舶；最后，对于所有那些不能认为国家法庭是公正和无偏见的人。
The first point depends upon this obvious consideration, that there ought always to be a constitutional method of giving efficacy to constitutional provisions.
第一点取决于这一明显的考虑，即始终应该有一种宪法方法来赋予宪法条款以效力。
What, for instance, would avail restrictions on the authority of the State legislatures, without some constitutional mode of enforcing the observance of them?
例如，如果没有某种宪法模式来强制遵守州立法机关的权力，那么如何限制州立法机关的权力呢？
The States, by the plan of the convention, are prohibited from doing a variety of things, some of which are incompatible with the interests of the Union, and others with the principles of good government.
根据公约的计划，各州被禁止做各种各样的事情，其中一些与联邦的利益不相容，另一些则与善政的原则不相容。
The imposition of duties on imported articles, and the emission of paper money, are specimens of each kind.
对进口物品征收关税和发行纸币都是此类例子。
No man of sense will believe, that such prohibitions would be scrupulously regarded, without some effectual power in the government to restrain or correct the infractions of them.
任何有理智的人都不会相信，如果政府没有某种有效的权力来限制或纠正这些禁令的违法行为，那么这些禁令会得到严格遵守。
This power must either be a direct negative on the State laws, or an authority in the federal courts to overrule such as might be in manifest contravention of the articles of Union.
该权力必须是对州法律的直接否定，或者是联邦法院有权否决可能明显违反联邦条款的事项。
There is no third course that I can imagine.
我无法想象第三道菜。
The latter appears to have been thought by the convention preferable to the former, and, I presume, will be most agreeable to the States.
大会似乎认为后者比前者更可取，并且我认为这将最受各州的同意。
As to the second point, it is impossible, by any argument or comment, to make it clearer than it is in itself.
至于第二点，任何论证或评论都不可能比它本身更清楚。
If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number.
如果存在诸如政治公理之类的东西，那么政府的司法权与其立法权同范围的适当性可能就属于其中之一。
The mere necessity of uniformity in the interpretation of the national laws, decides the question.
仅仅是国家法律解释统一的必要性就决定了这个问题。
Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed.
十三个独立法院对相同的原因、根据相同的法律产生最终管辖权，是政府的九头蛇，从中只能产生矛盾和混乱。
Still less need be said in regard to the third point.
第三点就更不用说了。
Controversies between the nation and its members or citizens, can only be properly referred to the national tribunals.
国家与其成员或公民之间的争议只能适当提交国家法庭。
Any other plan would be contrary to reason, to precedent, and to decorum.
任何其他计划都将违背理性、违背先例、违背礼仪。
The fourth point rests on this plain proposition, that the peace of the WHOLE ought not to be left at the disposal of a PART.
第四点基于这个简单的命题，即整体的和平不应该由一部分来支配。
The Union will undoubtedly be answerable to foreign powers for the conduct of its members.
毫无疑问，欧盟将对其成员的行为向外国势力负责。
And the responsibility for an injury ought ever to be accompanied with the faculty of preventing it.
对伤害的责任应该伴随着预防伤害的能力。
As the denial or perversion of justice by the sentences of courts, as well as in any other manner, is with reason classed among the just causes of war, it will follow that the federal judiciary ought to have cognizance of all causes in which the citizens of other countries are concerned.
由于法院的判决以及以任何其他方式拒绝或歪曲正义被合理地归为战争的正义原因，因此联邦司法机构应该认识到其他国家公民所关心的所有原因。
This is not less essential to the preservation of the public faith, than to the security of the public tranquillity.
这对于维护公众信仰和保障公众安宁同样重要。
A distinction may perhaps be imagined between cases arising upon treaties and the laws of nations and those which may stand merely on the footing of the municipal law.
或许可以想象，根据条约和国际法产生的案件与那些仅以国内法为基础的案件之间存在区别。
The former kind may be supposed proper for the federal jurisdiction, the latter for that of the States.
前一种可能适合联邦管辖权，后者适合各州管辖权。
But it is at least problematical, whether an unjust sentence against a foreigner, where the subject of controversy was wholly relative to the lex loci, would not, if unredressed, be an aggression upon his sovereign, as well as one which violated the stipulations of a treaty or the general law of nations.
但至少是有问题的，因为争议的主题完全与所在地法有关，对外国人的不公正判决如果不加以纠正，是否会构成对其主权的侵犯，是否会违反条约或一般国际法的规定。
And a still greater objection to the distinction would result from the immense difficulty, if not impossibility, of a practical discrimination between the cases of one complexion and those of the other.
对这种区分的更大反对意见将是由于在一种肤色的情况和另一种肤色的情况之间进行实际区分即使不是不可能，也是巨大的困难。
So great a proportion of the cases in which foreigners are parties, involve national questions, that it is by far most safe and most expedient to refer all those in which they are concerned to the national tribunals.
以外国人为当事人的案件中有很大一部分涉及国家问题，因此将所有涉及外国人的案件提交国家法庭是迄今为止最安全、最方便的做法。
The power of determining causes between two States, between one State and the citizens of another, and between the citizens of different States, is perhaps not less essential to the peace of the Union than that which has been just examined.
两个国家之间、一个国家与另一个国家的公民之间以及不同国家的公民之间的决定权力对于联邦的和平来说也许并不比刚才审查的权力更重要。
History gives us a horrid picture of the dissensions and private wars which distracted and desolated Germany prior to the institution of the Imperial Chamber by Maximilian, towards the close of the fifteenth century; and informs us, at the same time, of the vast influence of that institution in appeasing the disorders and establishing the tranquillity of the empire.
历史向我们展示了一幅可怕的图画：在马克西米利安建立帝国议事厅之前，即 15 世纪末，纷争和私人战争使德国分心和荒凉。同时也告诉我们该机构在平息骚乱和建立帝国安宁方面的巨大影响。
This was a court invested with authority to decide finally all differences among the members of the Germanic body.
这是一个有权最终裁决日耳曼团体成员之间所有分歧的法院。
A method of terminating territorial disputes between the States, under the authority of the federal head, was not unattended to, even in the imperfect system by which they have been hitherto held together.
在联邦元首的授权下，终止各州之间领土争端的方法并非无人关注，即使是在迄今为止将各州维系在一起的不完善的体系中也是如此。
But there are many other sources, besides interfering claims of boundary, from which bickerings and animosities may spring up among the members of the Union.
但除了干涉边界主张之外，还有许多其他原因可能导致联盟成员之间出现争吵和敌意。
To some of these we have been witnesses in the course of our past experience.
我们在过去的经历中亲眼目睹了其中一些问题。
It will readily be conjectured that I allude to the fraudulent laws which have been passed in too many of the States.
人们很容易猜想，我指的是太多州通过的欺诈性法律。
And though the proposed Constitution establishes particular guards against the repetition of those instances which have heretofore made their appearance, yet it is warrantable to apprehend that the spirit which produced them will assume new shapes, that could not be foreseen nor specifically provided against.
尽管拟议的宪法规定了特别的防范措施，防止那些迄今为止已经出现过的情况再次发生，但有理由担心，产生这些情况的精神将采取新的形式，这是无法预见的，也无法具体规定。
Whatever practices may have a tendency to disturb the harmony between the States, are proper objects of federal superintendence and control.
任何可能扰乱各州之间和谐的做法，都是联邦监督和控制的适当对象。
It may be esteemed the basis of the Union, that "the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States." And if it be a just principle that every government ought to possess the means of executing its own provisions by its own authority, it will follow, that in order to the inviolable maintenance of that equality of privileges and immunities to which the citizens of the Union will be entitled, the national judiciary ought to preside in all cases in which one State or its citizens are opposed to another State or its citizens.
“各州公民应享有各州公民的所有特权和豁免权”，这可被视为联邦的基础。如果每个政府都应该拥有通过自己的权力执行自己规定的手段是一项公正的原则，那么为了维护联盟公民应享有的特权和豁免的平等不可侵犯，国家司法机构应该审理一个国家或其公民反对另一个国家或其公民的所有案件。
To secure the full effect of so fundamental a provision against all evasion and subterfuge, it is necessary that its construction should be committed to that tribunal which, having no local attachments, will be likely to be impartial between the different States and their citizens, and which, owing its official existence to the Union, will never be likely to feel any bias inauspicious to the principles on which it is founded.
为了确保这一禁止一切逃避和诡计的基本条款充分发挥作用，有必要将其组建委托给该法庭，因为该法庭没有地方附属机构，因此很可能在不同州及其公民之间保持公正，而且由于其正式存在于欧盟，因此永远不可能感到任何对其所依据的原则不利的偏见。
The fifth point will demand little animadversion.
第五点几乎不需要反对。
The most bigoted idolizers of State authority have not thus far shown a disposition to deny the national judiciary the cognizances of maritime causes.
迄今为止，国家权威最顽固的崇拜者还没有表现出拒绝国家司法机构对海洋事业的认可的倾向。
These so generally depend on the laws of nations, and so commonly affect the rights of foreigners, that they fall within the considerations which are relative to the public peace.
这些通常取决于国家法律，并且通常影响外国人的权利，因此它们属于与公共和平相关的考虑范围。
The most important part of them are, by the present Confederation, submitted to federal jurisdiction.
其中最重要的部分由目前的联邦提交给联邦管辖。
The reasonableness of the agency of the national courts in cases in which the State tribunals cannot be supposed to be impartial, speaks for itself.
在国家法庭不能公正的案件中，国家法院的代理权的合理性是不言而喻的。
No man ought certainly to be a judge in his own cause, or in any cause in respect to which he has the least interest or bias.
任何人当然不应该为自己的案件或他最不感兴趣或最有偏见的任何案件担任法官。
This principle has no inconsiderable weight in designating the federal courts as the proper tribunals for the determination of controversies between different States and their citizens.
这一原则对于指定联邦法院作为解决不同州及其公民之间争议的适当法庭具有重要意义。
And it ought to have the same operation in regard to some cases between citizens of the same State.
对于同一国家公民之间的某些案件，它应该采取同样的行动。
Claims to land under grants of different States, founded upon adverse pretensions of boundary, are of this description.
基于对边界的不利主张而根据不同州的授予而提出的土地主张就属于这种情况。
The courts of neither of the granting States could be expected to be unbiased.
不能指望两个授权国的法院都不会公正。
The laws may have even prejudged the question, and tied the courts down to decisions in favor of the grants of the State to which they belonged.
法律甚至可能预先判断了这个问题，并将法院束缚于有利于其所属国家拨款的裁决。
And even where this had not been done, it would be natural that the judges, as men, should feel a strong predilection to the claims of their own government.
即使在没有这样做的地方，法官作为人，也会很自然地强烈偏爱自己政府的主张。
Having thus laid down and discussed the principles which ought to regulate the constitution of the federal judiciary, we will proceed to test, by these principles, the particular powers of which, according to the plan of the convention, it is to be composed.
在制定并讨论了应当规范联邦司法机构宪法的原则之后，我们将根据这些原则，继续检验根据制宪会议的计划所组成的特殊权力。
It is to comprehend "all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands and grants of different States; and between a State or the citizens thereof and foreign states, citizens, and subjects." This constitutes the entire mass of the judicial authority of the Union.
它涵盖“根据宪法、合众国法律以及在其权力下制定或应制定的条约产生的所有法律和衡平法案件；所有影响大使、其他公务部长和领事的案件；所有海事和海事管辖权案件；美国作为当事方的争议；两个或多个州之间的争议；一个州与另一个州公民之间的争议；不同州公民之间的争议；同一国家公民之间的争议”。要求不同州的土地和赠予的国家；以及国家或其公民与外国、公民和臣民之间的情况。”这构成了联盟司法权威的全部。
Let us now review it in detail.
现在让我们详细回顾一下。
It is, then, to extend:
那么，就要延伸：
First.
首先。
To all cases in law and equity, arising under the Constitution and the laws of the United States.
根据美国宪法和法律产生的所有法律和衡平法案件。
This corresponds with the two first classes of causes, which have been enumerated, as proper for the jurisdiction of the United States.
这与已列举的适合美国管辖权的前两类原因相对应。
It has been asked, what is meant by "cases arising under the Constitution," in contradiction from those "arising under the laws of the United States"?
有人问，“根据宪法产生的案件”与“根据美国法律产生的案件”相矛盾是什么意思？
The difference has been already explained.
差异已经被解释过。
All the restrictions upon the authority of the State legislatures furnish examples of it.
对州立法机构权力的所有限制都提供了这样的例子。
They are not, for instance, to emit paper money; but the interdiction results from the Constitution, and will have no connection with any law of the United States.
例如，他们不会发行纸币；但禁令是根据宪法产生的，与美国的任何法律都没有关系。
Should paper money, notwithstanding, be emited, the controversies concerning it would be cases arising under the Constitution and not the laws of the United States, in the ordinary signification of the terms.
尽管如此，如果纸币被发行，与之相关的争议将是根据宪法而不是通常意义上的美国法律引起的。
This may serve as a sample of the whole.
这可以作为整体的一个样本。
It has also been asked, what need of the word "equity".
还有人问，为什么需要“公平”这个词？
What equitable causes can grow out of the Constitution and laws of the United States?
美国宪法和法律可以产生哪些公平事业？
There is hardly a subject of litigation between individuals, which may not involve those ingredients of fraud, accident, trust, or hardship, which would render the matter an object of equitable rather than of legal jurisdiction, as the distinction is known and established in several of the States.
个人之间几乎不存在诉讼主题，这可能不涉及欺诈、事故、信任或困难等因素，这将使该事项成为公平管辖权而非法律管辖权的对象，因为这种区别在一些州是众所周知的并已确立。
It is the peculiar province, for instance, of a court of equity to relieve against what are called hard bargains: these are contracts in which, though there may have been no direct fraud or deceit, sufficient to invalidate them in a court of law, yet there may have been some undue and unconscionable advantage taken of the necessities or misfortunes of one of the parties, which a court of equity would not tolerate.
例如，衡平法院的特殊职责是对所谓的“硬讨价还价”进行救济：在这些合同中，虽然可能不存在直接欺诈或欺骗，但足以使其在法庭上无效，但可能存在对一方当事人的必需品或不幸的某种不正当和不合理的好处，这是衡平法院不会容忍的。
In such cases, where foreigners were concerned on either side, it would be impossible for the federal judicatories to do justice without an equitable as well as a legal jurisdiction.
在这种情况下，当外国人涉及任何一方时，如果没有公平和合法的管辖权，联邦司法机构就不可能伸张正义。
Agreements to convey lands claimed under the grants of different States, may afford another example of the necessity of an equitable jurisdiction in the federal courts.
转让不同州授予的土地的协议可能是联邦法院公平管辖权必要性的另一个例子。
This reasoning may not be so palpable in those States where the formal and technical distinction between LAW and EQUITY is not maintained, as in this State, where it is exemplified by every day's practice.
在那些法律与衡平法之间没有在形式和技术上区别的国家，这种推理可能不那么明显，就像在这个国家一样，每天的实践都体现了这一点。
The judiciary authority of the Union is to extend:
联盟的司法权力应扩大：
Second.
第二。
To treaties made, or which shall be made, under the authority of the United States, and to all cases affecting ambassadors, other public ministers, and consuls.
在美国权力下签订或将要签订的条约，以及影响大使、其他公共部长和领事的所有案件。
These belong to the fourth class of the enumerated cases, as they have an evident connection with the preservation of the national peace.
这些属于列举的第四类案件，因为它们与维护国家和平有着明显的联系。
Third.
第三。
To cases of admiralty and maritime jurisdiction.
海事和海事管辖权案件。
These form, altogether, the fifth of the enumerated classes of causes proper for the cognizance of the national courts.
这些总共构成了适合国家法院审理的列举的第五类原因。
Fourth.
第四。
To controversies to which the United States shall be a party.
美国应作为一方的争议。
These constitute the third of those classes.
这些构成了这些类别中的第三个。
Fifth.
第五。
To controversies between two or more States; between a State and citizens of another State; between citizens of different States.
两个或多个国家之间的争议；一国与另一国公民之间；不同国家的公民之间。
These belong to the fourth of those classes, and partake, in some measure, of the nature of the last.
它们属于第四类，并且在某种程度上具有最后一类的性质。
Sixth.
第六。
To cases between the citizens of the same State, claiming lands under grants of different States.
同一州公民之间要求不同州授予土地的案件。
These fall within the last class, and are the only instances in which the proposed Constitution directly contemplates the cognizance of disputes between the citizens of the same State.
这些属于最后一类，并且是拟议宪法直接考虑同一州公民之间争端的认定的唯一情况。
Seventh.
第七。
To cases between a State and the citizens thereof, and foreign States, citizens, or subjects.
国家与其公民以及外国、公民或臣民之间的案件。
These have been already explained to belong to the fourth of the enumerated classes, and have been shown to be, in a peculiar manner, the proper subjects of the national judicature.
这些已经被解释为属于所列举的第四类，并以一种特殊的方式被证明是国家司法的适当主体。
From this review of the particular powers of the federal judiciary, as marked out in the Constitution, it appears that they are all conformable to the principles which ought to have governed the structure of that department, and which were necessary to the perfection of the system.
从对宪法中规定的联邦司法部门的特殊权力的审查来看，这些权力似乎都符合应该指导该部门结构的原则，并且这些原则对于完善该制度是必要的。
If some partial inconveniences should appear to be connected with the incorporation of any of them into the plan, it ought to be recollected that the national legislature will have ample authority to make such exceptions, and to prescribe such regulations as will be calculated to obviate or remove these inconveniences.
如果某些部分的不便似乎与将其中任何一项纳入计划有关，则应该记住，国家立法机关将有足够的权力做出此类例外，并制定旨在消除或消除这些不便的法规。
The possibility of particular mischiefs can never be viewed, by a wellinformed mind, as a solid objection to a general principle, which is calculated to avoid general mischiefs and to obtain general advantages.
对于一个消息灵通的人来说，发生特定恶作剧的可能性永远不会被视为对一般原则的坚决反对，而一般原则的目的是避免一般恶作剧并获得一般利益。
PUBLIUS
普布利乌斯
FEDERALIST No. 81
联邦党人文集 81 号
The Judiciary Continued, and the Distribution of the Judicial Authority.
司法机构继续存在，以及司法权力的分配。
From McLEAN's Edition, New York.
来自纽约麦克莱恩版。
Wednesday, May 28, 1788.
1788 年 5 月 28 日，星期三。
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
LET US now return to the partition of the judiciary authority between different courts, and their relations to each other.
现在让我们回到不同法院之间司法权的划分以及它们之间的关系。
"The judicial power of the United States is" (by the plan of the convention) "to be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish."(1)
“美国的司法权”（根据公约的计划）“归属于一个最高法院，以及国会不时指定和设立的下级法院。”(1)
That there ought to be one court of supreme and final jurisdiction, is a proposition which is not likely to be contested.
应该有一个具有最高和最终管辖权的法院，这一主张不可能受到争议。
The reasons for it have been assigned in another place, and are too obvious to need repetition.
其原因已在其他地方指出，并且太明显了，无需重复。
The only question that seems to have been raised concerning it, is, whether it ought to be a distinct body or a branch of the legislature.
与之相关的唯一问题似乎是，它是否应该是一个独立的机构，还是立法机关的一个分支。
The same contradiction is observable in regard to this matter which has been remarked in several other cases.
在这个问题上也可以观察到同样的矛盾，这在其他几起案件中也曾出现过。
The very men who object to the Senate as a court of impeachments, on the ground of an improper intermixture of powers, advocate, by implication at least, the propriety of vesting the ultimate decision of all causes, in the whole or in a part of the legislative body.
正是那些以权力不恰当混合为由反对参议院作为弹劾法院的人，至少在暗示中主张将所有原因的最终决定权赋予整个或部分立法机构。
The arguments, or rather suggestions, upon which this charge is founded, are to this effect: "The authority of the proposed Supreme Court of the United States, which is to be a separate and independent body, will be superior to that of the legislature.
这一指控所依据的论点，或者更确切地说是建议，大意是这样的：“提议的美国最高法院的权威将高于立法机关，该法院将成为一个独立的机构。
The power of construing the laws according to the spirit of the Constitution, will enable that court to mould them into whatever shape it may think proper; especially as its decisions will not be in any manner subject to the revision or correction of the legislative body.
根据宪法精神解释法律的权力将使法院能够将法律塑造成它认为合适的任何形式；特别是因为其决定不会以任何方式受到立法机构的修订或更正。
This is as unprecedented as it is dangerous.
这是史无前例的，也是危险的。
In Britain, the judicial power, in the last resort, resides in the House of Lords, which is a branch of the legislature; and this part of the British government has been imitated in the State constitutions in general.
在英国，司法权归根结底属于上议院，它是立法机关的一个分支。英国政府的这一部分在各州宪法中都得到了普遍效仿。
The Parliament of Great Britain, and the legislatures of the several States, can at any time rectify, by law, the exceptionable decisions of their respective courts.
英国议会和几个州的立法机关可以随时依法纠正各自法院的例外判决。
But the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless." This, upon examination, will be found to be made up altogether of false reasoning upon misconceived fact.
但美国最高法院的错误和篡夺将是无法控制和无法补救的。”经检验，就会发现这完全是基于错误事实的错误推理。
In the first place, there is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.
首先，正在考虑的计划中没有任何一个字句直接授权国家法院根据宪法精神解释法律，或者在这方面给予它们比每个州法院可能要求的更大的自由度。
I admit, however, that the Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution.
但我承认，宪法应该成为法律制定的标准，只要有明显的反对，法律就应该让位于宪法。
But this doctrine is not deducible from any circumstance peculiar to the plan of the convention, but from the general theory of a limited Constitution; and as far as it is true, is equally applicable to most, if not to all the State governments.
但这一学说不能从制宪会议计划所特有的任何情况中推论出来，而是从有限宪法的一般理论中推论出来。就其真实情况而言，它同样适用于大多数（即使不是所有）州政府。
There can be no objection, therefore, on this account, to the federal judicature which will not lie against the local judicatures in general, and which will not serve to condemn every constitution that attempts to set bounds to legislative discretion.
因此，因此，不能对联邦司法提出任何反对意见，联邦司法一般不会与地方司法相对立，也不会谴责每部试图限制立法自由裁量权的宪法。
But perhaps the force of the objection may be thought to consist in the particular organization of the Supreme Court; in its being composed of a distinct body of magistrates, instead of being one of the branches of the legislature, as in the government of Great Britain and that of the State.
但也许反对的力量可以被认为在于最高法院的特殊组织；它由一个独特的治安法官机构组成，而不是像英国政府和国家政府那样是立法机关的一个分支。
To insist upon this point, the authors of the objection must renounce the meaning they have labored to annex to the celebrated maxim, requiring a separation of the departments of power.
为了坚持这一点，反对者必须放弃他们努力附加到这句著名格言中的含义，即要求权力部门的分离。
It shall, nevertheless, be conceded to them, agreeably to the interpretation given to that maxim in the course of these papers, that it is not violated by vesting the ultimate power of judging in a PART of the legislative body.
然而，他们应该同意，同意在这些文件中对该格言的解释，即将最终裁决权授予立法机构的一部分并不违反这一原则。
But though this be not an absolute violation of that excellent rule, yet it verges so nearly upon it, as on this account alone to be less eligible than the mode preferred by the convention.
但是，虽然这并不是绝对违反这一优秀规则，但它却非常接近这一规则，因为仅此一点就比公约所首选的模式更不合格。
From a body which had even a partial agency in passing bad laws, we could rarely expect a disposition to temper and moderate them in the application.
对于一个在通过不良法律方面拥有部分代理权的机构，我们很难指望在申请中能够对这些法律进行调节和缓和。
The same spirit which had operated in making them, would be too apt in interpreting them; still less could it be expected that men who had infringed the Constitution in the character of legislators, would be disposed to repair the breach in the character of judges.
创造它们的同一种精神也很适合解释它们。更不能指望那些在立法者角色上侵犯了宪法的人会愿意修复在法官角色上的违规行为。
Nor is this all.
这还不是全部。
Every reason which recommends the tenure of good behavior for judicial offices, militates against placing the judiciary power, in the last resort, in a body composed of men chosen for a limited period.
所有推荐行为良好的司法官员任职的理由，都不利于将司法权置于由在有限期限内选出的人员组成的机构中作为最后手段。
There is an absurdity in referring the determination of causes, in the first instance, to judges of permanent standing; in the last, to those of a temporary and mutable constitution.
首先将原因的确定交给常任法官是荒谬的。最后，是那些临时的、可变的宪法。
And there is a still greater absurdity in subjecting the decisions of men, selected for their knowledge of the laws, acquired by long and laborious study, to the revision and control of men who, for want of the same advantage, cannot but be deficient in that knowledge.
还有更大的荒谬之处在于，将那些通过长期艰苦学习获得的法律知识而选择的人的决定置于那些由于缺乏同样的优势而不得不缺乏法律知识的人的修正和控制之下。
The members of the legislature will rarely be chosen with a view to those qualifications which fit men for the stations of judges; and as, on this account, there will be great reason to apprehend all the ill consequences of defective information, so, on account of the natural propensity of such bodies to party divisions, there will be no less reason to fear that the pestilential breath of faction may poison the fountains of justice.
立法机关成员的选择很少会考虑到适合担任法官职位的人的资格；由于这个原因，我们有充分的理由去理解有缺陷的信息所带来的所有不良后果，因此，由于这些机构自然倾向于党派分裂，我们也有充分的理由担心派系的瘟疫可能会毒害正义的源泉。
The habit of being continually marshalled on opposite sides will be too apt to stifle the voice both of law and of equity.
不断地站在对立面的习惯很容易扼杀法律和公平的声音。
These considerations teach us to applaud the wisdom of those States who have committed the judicial power, in the last resort, not to a part of the legislature, but to distinct and independent bodies of men.
这些考虑教导我们赞扬那些在最后手段下将司法权交给不同的、独立的机构而不是立法机关的一部分的国家的智慧。
Contrary to the supposition of those who have represented the plan of the convention, in this respect, as novel and unprecedented, it is but a copy of the constitutions of New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and the preference which has been given to those models is highly to be commended.
与那些代表大会计划的人的假设相反，在这方面，它是新颖的、前所未有的，它只不过是新罕布什尔州、马萨诸塞州、宾夕法尼亚州、特拉华州、马里兰州、弗吉尼亚州、北卡罗来纳州、南卡罗来纳州和佐治亚州宪法的副本；对这些模型的偏爱值得高度赞扬。
It is not true, in the second place, that the Parliament of Great Britain, or the legislatures of the particular States, can rectify the exceptionable decisions of their respective courts, in any other sense than might be done by a future legislature of the United States.
其次，英国议会或特定州的立法机关不能以与美国未来立法机关可能做的任何其他方式纠正各自法院的例外判决，这是不正确的。
The theory, neither of the British, nor the State constitutions, authorizes the revisal of a judicial sentence by a legislative act.
根据这一理论，英国宪法和各州宪法都没有授权通过立法行为修改司法判决。
Nor is there any thing in the proposed Constitution, more than in either of them, by which it is forbidden.
拟议的宪法中也没有任何内容比这两部宪法更禁止这样做。
In the former, as well as in the latter, the impropriety of the thing, on the general principles of law and reason, is the sole obstacle.
在前者和后者中，根据法律和理性的一般原则，事物的不当性是唯一的障碍。
A legislature, without exceeding its province, cannot reverse a determination once made in a particular case; though it may prescribe a new rule for future cases.
立法机关在不超出其管辖范围的情况下，不得推翻对特定案件作出的决定；尽管它可能会为未来的案件规定新的规则。
This is the principle, and it applies in all its consequences, exactly in the same manner and extent, to the State governments, as to the national government now under consideration.
这是原则，并且它的所有后果都以完全相同的方式和程度适用于州政府，就像现在正在考虑的中央政府一样。
Not the least difference can be pointed out in any view of the subject.
从任何角度来看，都无法指出最微小的差异。
It may in the last place be observed that the supposed danger of judiciary encroachments on the legislative authority, which has been upon many occasions reiterated, is in reality a phantom.
最后可以指出的是，人们多次重申的司法侵犯立法权的所谓危险实际上是一种幻影。
Particular misconstructions and contraventions of the will of the legislature may now and then happen; but they can never be so extensive as to amount to an inconvenience, or in any sensible degree to affect the order of the political system.
对立法机关意愿的特定误解和违背可能时不时地发生；但它们的范围绝不能大到造成不便，或在任何合理程度上影响政治体系的秩序。
This may be inferred with certainty, from the general nature of the judicial power, from the objects to which it relates, from the manner in which it is exercised, from its comparative weakness, and from its total incapacity to support its usurpations by force.
这可以从司法权的一般性质、司法权所涉及的对象、司法权行使的方式、司法权的相对弱点以及司法权完全没有能力支持其武力篡夺等方面作出肯定的推断。
And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments in one part of the legislative body, and of determining upon them in the other, would give to that body upon the members of the judicial department.
考虑到重要的宪法制衡，这一推论得到了极大的加强，即立法机构的一个部分提出弹劾，而另一部分则对弹劾作出裁决的权力将赋予该机构对司法部门成员的权力。
This is alone a complete security.
仅此一项就是完整的安全性。
There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations.
法官们通过一系列蓄意篡夺立法机关的权威，永远不会有引起受托机构联合怨恨的危险，而这个机构拥有惩罚他们的手段，贬低他们的地位。
While this ought to remove all apprehensions on the subject, it affords, at the same time, a cogent argument for constituting the Senate a court for the trial of impeachments.
虽然这应该消除对此问题的所有担忧，但同时它也为将参议院组建为弹劾审判法庭提供了令人信服的论据。
Having now examined, and, I trust, removed the objections to the distinct and independent organization of the Supreme Court, I proceed to consider the propriety of the power of constituting inferior courts,(2) and the relations which will subsist between these and the former.
现在，我相信已经消除了对最高法院独特和独立组织的反对意见，我接下来考虑组建下级法院的权力是否适当，(2)以及下级法院与下级法院之间存在的关系。
The power of constituting inferior courts is evidently calculated to obviate the necessity of having recourse to the Supreme Court in every case of federal cognizance.
设立下级法院的权力显然是为了避免在联邦审理的每一个案件中都必须诉诸最高法院。
It is intended to enable the national government to institute or authorize, in each State or district of the United States, a tribunal competent to the determination of matters of national jurisdiction within its limits.
它的目的是使国家政府能够在美国每个州或地区设立或授权一个法庭，有权在其范围内确定国家管辖权的事项。
But why, it is asked, might not the same purpose have been accomplished by the instrumentality of the State courts?
但有人问，为什么州法院的作用不能达到同样的目的呢？
This admits of different answers.
这承认不同的答案。
Though the fitness and competency of those courts should be allowed in the utmost latitude, yet the substance of the power in question may still be regarded as a necessary part of the plan, if it were only to empower the national legislature to commit to them the cognizance of causes arising out of the national Constitution.
尽管这些法院的适合性和权限应得到最大的自由度，但如果只是授权国家立法机关承认国家宪法引起的原因，则有关权力的实质内容仍可被视为该计划的必要部分。
To confer the power of determining such causes upon the existing courts of the several States, would perhaps be as much "to constitute tribunals," as to create new courts with the like power.
将确定此类案件的权力授予几个州的现有法院，也许就相当于“组建法庭”，就像设立具有类似权力的新法院一样。
But ought not a more direct and explicit provision to have been made in favor of the State courts?
但难道不应该制定一个有利于州法院的更直接和明确的规定吗？
There are, in my opinion, substantial reasons against such a provision: the most discerning cannot foresee how far the prevalency of a local spirit may be found to disqualify the local tribunals for the jurisdiction of national causes; whilst every man may discover, that courts constituted like those of some of the States would be improper channels of the judicial authority of the Union.
在我看来，反对这样一项规定有充分的理由：即使是最有洞察力的人也无法预见地方精神的盛行会在多大程度上取消地方法庭对国家事务的管辖权；尽管每个人都可能发现，像某些州的法院那样组成的法院将成为联邦司法当局的不当渠道。
State judges, holding their offices during pleasure, or from year to year, will be too little independent to be relied upon for an inflexible execution of the national laws.
州法官随意或年复一年地任职，他们的独立性太低，无法依靠他们来僵化地执行国家法律。
And if there was a necessity for confiding the original cognizance of causes arising under those laws to them there would be a correspondent necessity for leaving the door of appeal as wide as possible.
如果有必要将这些法律下产生的原因的最初认知交给他们，那么相应地就有必要将上诉的大门留得尽可能大。
In proportion to the grounds of confidence in, or distrust of, the subordinate tribunals, ought to be the facility or difficulty of appeals.
上诉的便利或困难应与对下级法庭的信任或不信任的理由成比例。
And well satisfied as I am of the propriety of the appellate jurisdiction, in the several classes of causes to which it is extended by the plan of the convention.
我对上诉管辖权的适当性感到非常满意，它适用于大会计划所涉及的几类案件。
I should consider every thing calculated to give, in practice, an unrestrained course to appeals, as a source of public and private inconvenience.
我应该考虑在实践中为上诉提供不受限制的途径的所有事情，作为公共和私人不便的根源。
I am not sure, but that it will be found highly expedient and useful, to divide the United States into four or five or half a dozen districts; and to institute a federal court in each district, in lieu of one in every State.
我不确定，但人们会发现，将美国划分为四个、五个或六个行政区是非常方便和有用的。并在每个地区设立一个联邦法院，以代替每个州设立一个联邦法院。
The judges of these courts, with the aid of the State judges, may hold circuits for the trial of causes in the several parts of the respective districts.
这些法院的法官在州法官的协助下，可以在各自地区的多个地区举行巡回审判。
Justice through them may be administered with ease and despatch; and appeals may be safely circumscribed within a narrow compass.
通过他们可以轻松快捷地执行正义；并且上诉可以安全地限制在一个狭窄的范围内。
This plan appears to me at present the most eligible of any that could be adopted; and in order to it, it is necessary that the power of constituting inferior courts should exist in the full extent in which it is to be found in the proposed Constitution.
在我看来，目前这个计划是最有资格被采纳的。为此，组建下级法院的权力必须充分存在于拟议宪法中。
These reasons seem sufficient to satisfy a candid mind, that the want of such a power would have been a great defect in the plan.
这些理由似乎足以让一个坦率的人感到满意，即缺乏这样的权力将是该计划的一个巨大缺陷。
Let us now examine in what manner the judicial authority is to be distributed between the supreme and the inferior courts of the Union.
现在让我们来看看联邦最高法院和下级法院之间的司法权如何分配。
The Supreme Court is to be invested with original jurisdiction, only "in cases affecting ambassadors, other public ministers, and consuls, and those in which A STATE shall be a party." Public ministers of every class are the immediate representatives of their sovereigns.
最高法院只有“在影响大使、其他公共部长和领事的案件以及国家作为一方当事人的案件”时才拥有初审管辖权。每个阶级的公务部长都是其主权国家的直接代表。
All questions in which they are concerned are so directly connected with the public peace, that, as well for the preservation of this, as out of respect to the sovereignties they represent, it is both expedient and proper that such questions should be submitted in the first instance to the highest judicatory of the nation.
他们所涉及的所有问题都与公共和平直接相关，因此，为了维护公共和平，也出于对他们所代表的主权的尊重，将这些问题首先提交给国家最高司法机关既是权宜之计，也是适当的。
Though consuls have not in strictness a diplomatic character, yet as they are the public agents of the nations to which they belong, the same observation is in a great measure applicable to them.
尽管领事严格来说不具有外交性质，但由于他们是所属国家的公共代理人，因此同样的观察在很大程度上适用于他们。
In cases in which a State might happen to be a party, it would ill suit its dignity to be turned over to an inferior tribunal.
如果一国恰好是当事方，则将其移交给下级法庭将不利于其尊严。
Though it may rather be a digression from the immediate subject of this paper, I shall take occasion to mention here a supposition which has excited some alarm upon very mistaken grounds.
尽管这可能偏离了本文的直接主题，但我还是要借此机会在此提及一个假设，该假设因非常错误的理由而引起了一些恐慌。
It has been suggested that an assignment of the public securities of one State to the citizens of another, would enable them to prosecute that State in the federal courts for the amount of those securities; a suggestion which the following considerations prove to be without foundation.
有人建议，将一州的公共证券转让给另一州的公民，将使他们能够就这些证券的数额向联邦法院起诉该州；以下考虑证明该建议毫无根据。
It is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent.
未经个人同意，主权的本质是不接受个人的诉讼。
This is the general sense, and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every State in the Union.
这是一般意义上的，也是人类的普遍做法；作为主权的属性之一，这一豁免现在为联邦各州政府所享有。
Unless, therefore, there is a surrender of this immunity in the plan of the convention, it will remain with the States, and the danger intimated must be merely ideal.
因此，除非公约的计划中放弃了这种豁免权，否则它将保留在各国手中，并且所暗示的危险必定只是理想的。
The circumstances which are necessary to produce an alienation of State sovereignty were discussed in considering the article of taxation, and need not be repeated here.
造成国家主权让渡的必要条件已在审议税收条款时讨论过，此处无需重复。
A recurrence to the principles there established will satisfy us, that there is no color to pretend that the State governments would, by the adoption of that plan, be divested of the privilege of paying their own debts in their own way, free from every constraint but that which flows from the obligations of good faith.
重申那里确立的原则将使我们感到满意，没有任何色彩可以假装通过该计划，州政府将被剥夺以自己的方式偿还自己债务的特权，除了来自善意义务的限制外，不受任何限制。
The contracts between a nation and individuals are only binding on the conscience of the sovereign, and have no pretensions to a compulsive force.
国家和个人之间的契约只对主权者的良心具有约束力，并不具有强制力。
They confer no right of action, independent of the sovereign will.
它们不赋予任何独立于主权意志的行动权。
To what purpose would it be to authorize suits against States for the debts they owe?
授权针对各国所欠债务提起诉讼有何目的？
How could recoveries be enforced?
如何执行追偿？
It is evident, it could not be done without waging war against the contracting State; and to ascribe to the federal courts, by mere implication, and in destruction of a pre-existing right of the State governments, a power which would involve such a consequence, would be altogether forced and unwarrantable.
显然，如果不向缔约国发动战争，就不可能做到这一点；仅仅通过暗示将涉及这种后果的权力归于联邦法院，并破坏州政府先前存在的权利，将是完全强迫和无理的。
Let us resume the train of our observations.
让我们继续我们的观察。
We have seen that the original jurisdiction of the Supreme Court would be confined to two classes of causes, and those of a nature rarely to occur.
我们已经看到，最高法院的原始管辖权仅限于两类原因，以及那些很少发生的原因。
In all other cases of federal cognizance, the original jurisdiction would appertain to the inferior tribunals; and the Supreme Court would have nothing more than an appellate jurisdiction, "with such exceptions and under such regulations as the Congress shall make."
在联邦审理的所有其他案件中，最初的管辖权属于下级法庭；最高法院除了拥有上诉管辖权外，“除了国会制定的例外情况和规定”。
The propriety of this appellate jurisdiction has been scarcely called in question in regard to matters of law; but the clamors have been loud against it as applied to matters of fact.
这种上诉管辖权的适当性几乎没有在法律问题上受到质疑；但在实际问题上，反对声音却很强烈。
Some well-intentioned men in this State, deriving their notions from the language and forms which obtain in our courts, have been induced to consider it as an implied supersedure of the trial by jury, in favor of the civil-law mode of trial, which prevails in our courts of admiralty, probate, and chancery.
本州一些善意的人从我们法院中获得的语言和形式中得出他们的观念，被诱导认为这是对陪审团审判的隐含取代，支持在我们的海事法院、遗嘱认证法院和大法官法院中盛行的民法审判模式。
A technical sense has been affixed to the term "appellate," which, in our law parlance, is commonly used in reference to appeals in the course of the civil law.
“上诉”一词具有技术意义，用我们的法律术语来说，它通常用于指民法过程中的上诉。
But if I am not misinformed, the same meaning would not be given to it in any part of New England.
但如果我没有被误导的话，新英格兰的任何地方都不会赋予它同样的含义。
There an appeal from one jury to another, is familiar both in language and practice, and is even a matter of course, until there have been two verdicts on one side.
一个陪审团向另一个陪审团提出上诉，在语言和实践中都是常见的，甚至是理所当然的事情，直到一方做出两个裁决。
The word "appellate," therefore, will not be understood in the same sense in New England as in New York, which shows the impropriety of a technical interpretation derived from the jurisprudence of any particular State.
因此，“上诉”一词在新英格兰和纽约的含义不同，这表明从任何特定州的判例中得出的技术解释是不恰当的。
The expression, taken in the abstract, denotes nothing more than the power of one tribunal to review the proceedings of another, either as to the law or fact, or both.
抽象地讲，这一表述只不过是指一个法庭审查另一法庭诉讼程序的权力，无论是法律还是事实，或两者兼而有之。
The mode of doing it may depend on ancient custom or legislative provision (in a new government it must depend on the latter), and may be with or without the aid of a jury, as may be judged advisable.
这样做的方式可能取决于古老的习俗或立法规定（在新政府中它必须取决于后者），并且可以有或没有陪审团的帮助，这可能被认为是明智的。
If, therefore, the re-examination of a fact once determined by a jury, should in any case be admitted under the proposed Constitution, it may be so regulated as to be done by a second jury, either by remanding the cause to the court below for a second trial of the fact, or by directing an issue immediately out of the Supreme Court.
因此，如果在任何情况下，拟议宪法都承认对陪审团确定的事实进行重新审查，则可以规定由第二个陪审团来完成，或者将案件发回下级法院对事实进行第二次审判，或者直接将问题移交给最高法院。
But it does not follow that the re-examination of a fact once ascertained by a jury, will be permitted in the Supreme Court.
但这并不意味着最高法院将允许对陪审团确定的事实进行重新审查。
Why may not it be said, with the strictest propriety, when a writ of error is brought from an inferior to a superior court of law in this State, that the latter has jurisdiction of the fact as well as the law?
当本州的下级法院向上级法院提交错误令状时，为什么不能以最严格的礼节说，后者对事实和法律都拥有管辖权？
It is true it cannot institute a new inquiry concerning the fact, but it takes cognizance of it as it appears upon the record, and pronounces the law arising upon it.(3) This is jurisdiction of both fact and law; nor is it even possible to separate them.
诚然，它不能对事实进行新的调查，但它会根据记录中出现的事实予以承认，并宣布由此产生的法律。（3）这是对事实和法律的管辖权；甚至不可能将它们分开。
Though the common-law courts of this State ascertain disputed facts by a jury, yet they unquestionably have jurisdiction of both fact and law; and accordingly when the former is agreed in the pleadings, they have no recourse to a jury, but proceed at once to judgment.
尽管本州的普通法法院由陪审团查明有争议的事实，但毫无疑问它们对事实和法律都具有管辖权；因此，当诉状中同意前者时，他们不能求助于陪审团，而是立即进行判决。
I contend, therefore, on this ground, that the expressions, "appellate jurisdiction, both as to law and fact," do not necessarily imply a re-examination in the Supreme Court of facts decided by juries in the inferior courts.
因此，我认为，基于此，“对法律和事实的上诉管辖权”这一表述并不一定意味着最高法院对下级法院陪审团所裁定的事实进行重新审查。
The following train of ideas may well be imagined to have influenced the convention, in relation to this particular provision.
就这一特定条款而言，以下一系列想法很可能影响了公约。
The appellate jurisdiction of the Supreme Court (it may have been argued) will extend to causes determinable in different modes, some in the course of the COMMON LAW, others in the course of the CIVIL LAW.
最高法院的上诉管辖权（可能有人争论）将扩展到可以以不同模式确定的原因，一些是根据普通法，另一些是根据民法。
In the former, the revision of the law only will be, generally speaking, the proper province of the Supreme Court; in the latter, the re-examination of the fact is agreeable to usage, and in some cases, of which prize causes are an example, might be essential to the preservation of the public peace.
在前者中，一般来说，法律的修改只是最高法院的职权范围；在后者中，对事实的重新审查是符合惯例的，并且在某些情况下，例如奖金原因，可能对于维护公共和平至关重要。
It is therefore necessary that the appellate jurisdiction should, in certain cases, extend in the broadest sense to matters of fact.
因此，在某些情况下，上诉管辖权有必要在最广泛的意义上扩展到事实问题。
It will not answer to make an express exception of cases which shall have been originally tried by a jury, because in the courts of some of the States all causes are tried in this mode(4); and such an exception would preclude the revision of matters of fact, as well where it might be proper, as where it might be improper.
它不会回答对最初应由陪审团审理的案件作出明确的例外，因为在一些州的法院中，所有案件都以这种模式审理（4）；这种例外将排除对事实问题的修改，以及在适当和不适当的情况下的修改。
To avoid all inconveniencies, it will be safest to declare generally, that the Supreme Court shall possess appellate jurisdiction both as to law and fact, and that this jurisdiction shall be subject to such exceptions and regulations as the national legislature may prescribe.
为了避免所有不便，最安全的做法是一般性地声明最高法院对法律和事实均拥有上诉管辖权，并且该管辖权应遵守国家立法机关可能规定的例外情况和规定。
This will enable the government to modify it in such a manner as will best answer the ends of public justice and security.
这将使政府能够以最能满足公共司法和安全目的的方式对其进行修改。
This view of the matter, at any rate, puts it out of all doubt that the supposed abolition of the trial by jury, by the operation of this provision, is fallacious and untrue.
无论如何，这种对此事的看法毫无疑问地表明，通过该条款的实施而所谓的废除陪审团审判是错误和不真实的。
The legislature of the United States would certainly have full power to provide, that in appeals to the Supreme Court there should be no re-examination of facts where they had been tried in the original causes by juries.
美国立法机关当然有充分的权力规定，在向最高法院提出的上诉中，不应重新审查陪审团在最初案件中审理过的事实。
This would certainly be an authorized exception; but if, for the reason already intimated, it should be thought too extensive, it might be qualified with a limitation to such causes only as are determinable at common law in that mode of trial.
这肯定是一个授权的例外；但是，如果由于已经暗示的原因，它被认为过于广泛，那么它可能会被限定为仅在普通法中以该审判方式可以确定的原因。
The amount of the observations hitherto made on the authority of the judicial department is this: that it has been carefully restricted to those causes which are manifestly proper for the cognizance of the national judicature; that in the partition of this authority a very small portion of original jurisdiction has been preserved to the Supreme Court, and the rest consigned to the subordinate tribunals; that the Supreme Court will possess an appellate jurisdiction, both as to law and fact, in all the cases referred to them, both subject to any exceptions and regulations which may be thought advisable; that this appellate jurisdiction does, in no case, abolish the trial by jury; and that an ordinary degree of prudence and integrity in the national councils will insure us solid advantages from the establishment of the proposed judiciary, without exposing us to any of the inconveniences which have been predicted from that source.
迄今为止对司法部门的权威提出的意见如下：司法部门的权威已被谨慎地限制在那些明显适合国家司法机关认可的领域；在这一权力的划分中，只有很小一部分原始管辖权保留给最高法院，其余的则委托给下级法庭；最高法院对所有提交给他们的案件拥有法律和事实方面的上诉管辖权，但须遵守任何可能被认为明智的例外情况和规定；该上诉管辖权在任何情况下都不会废除陪审团审判；国家委员会的审慎和正直将确保我们从建立拟议的司法机构中获得坚实的优势，而不会使我们遭受从该来源预测的任何不便。
PUBLIUS
普布利乌斯
1.
1.
Article 3, Sec.
第 3 条第 2 节
1.
1.
2.
2.
This power has been absurdly represented as intended to abolish all the county courts in the several States, which are commonly called inferior courts.
这项权力被荒谬地描述为旨在废除几个州的所有县法院，这些法院通常被称为下级法院。
But the expressions of the Constitution are, to constitute "tribunals INFERIOR TO THE SUPREME COURT"; and the evident design of the provision is to enable the institution of local courts, subordinate to the Supreme, either in States or larger districts.
但宪法的表述是，设立“最高法院以下的法庭”；该条款的明显目的是为了在各州或更大的地区设立隶属于最高法院的地方法院。
It is ridiculous to imagine that county courts were in contemplation.
想象县法院正在考虑是荒谬的。
3.
3.
This word is composed of JUS and DICTIO, juris dictio or a speaking and pronouncing of the law.
这个词由 JUS 和 DICTIO 组成，juris dictio 或法律的表述和发音。
4.
4.
I hold that the States will have concurrent jurisdiction with the subordinate federal judicatories, in many cases of federal cognizance, as will be explained in my next paper.
我认为，在许多联邦认定的案件中，各州将与下属联邦司法机构拥有并行管辖权，这将在我的下一篇论文中解释。
FEDERALIST No. 82
联邦党人文集 82 号
The Judiciary Continued.
司法机关继续。
From McLEAN's Edition, New York.
来自纽约麦克莱恩版。
Wednesday, May 28, 1788
1788 年 5 月 28 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE erection of a new government, whatever care or wisdom may distinguish the work, cannot fail to originate questions of intricacy and nicety; and these may, in a particular manner, be expected to flow from the establishment of a constitution founded upon the total or partial incorporation of a number of distinct sovereignties.
新政府的建立，无论工作有多么谨慎或智慧，都不能不引发复杂和精细的问题。这些可以以特定的方式通过制定一部建立在全部或部分不同主权基础上的宪法而产生。
'Tis time only that can mature and perfect so compound a system, can liquidate the meaning of all the parts, and can adjust them to each other in a harmonious and consistent WHOLE.
只有时间才能使一个系统如此成熟和完善，才能清算各个部分的意义，并能将它们相互调整为一个和谐一致的整体。
Such questions, accordingly, have arisen upon the plan proposed by the convention, and particularly concerning the judiciary department.
因此，这些问题是在大会提出的计划中出现的，特别是与司法部门有关的问题。
The principal of these respect the situation of the State courts in regard to those causes which are to be submitted to federal jurisdiction.
这些原则的原则是尊重州法院在将案件提交联邦管辖权方面的情况。
Is this to be exclusive, or are those courts to possess a concurrent jurisdiction?
这是排他性的，还是这些法院拥有并行管辖权？
If the latter, in what relation will they stand to the national tribunals?
如果是后者，他们与国家法庭有何关系？
These are inquiries which we meet with in the mouths of men of sense, and which are certainly entitled to attention.
这些是我们在有理智的人口中遇到的询问，当然值得引起注意。
The principles established in a former paper(1) teach us that the States will retain all pre-existing authorities which may not be exclusively delegated to the federal head; and that this exclusive delegation can only exist in one of three cases: where an exclusive authority is, in express terms, granted to the Union; or where a particular authority is granted to the Union, and the exercise of a like authority is prohibited to the States; or where an authority is granted to the Union, with which a similar authority in the States would be utterly incompatible.
前一篇文件(1)中确立的原则告诉我们，各州将保留所有先前存在的权力，这些权力不得完全委托给联邦元首；并且这种排他性授权只能存在于以下三种情况之一： 明确授予欧盟排他性授权；或向联盟授予特定权力，而禁止各州行使类似权力的情况；或者授予联邦一项权力，而各州的类似权力与该权力完全不相容。
Though these principles may not apply with the same force to the judiciary as to the legislative power, yet I am inclined to think that they are, in the main, just with respect to the former, as well as the latter.
尽管这些原则对司法机关的适用程度可能与对立法机关的适用程度不同，但我倾向于认为，它们大体上对于前者和后者都是公正的。
And under this impression, I shall lay it down as a rule, that the State courts will retain the jurisdiction they now have, unless it appears to be taken away in one of the enumerated modes.
在这种印象下，我将规定，州法院将保留其现在拥有的管辖权，除非它似乎以一种列举的方式被剥夺。
The only thing in the proposed Constitution, which wears the appearance of confining the causes of federal cognizance to the federal courts, is contained in this passage: "THE JUDICIAL POWER of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress shall from time to time ordain and establish." This might either be construed to signify, that the supreme and subordinate courts of the Union should alone have the power of deciding those causes to which their authority is to extend; or simply to denote, that the organs of the national judiciary should be one Supreme Court, and as many subordinate courts as Congress should think proper to appoint; or in other words, that the United States should exercise the judicial power with which they are to be invested, through one supreme tribunal, and a certain number of inferior ones, to be instituted by them.
拟议宪法中唯一看似将联邦审理的案件仅限于联邦法院的内容包含在这一段中：“合众国的司法权应归属一个最高法院，以及国会不时指定和设立的下级法院。”这可能被解释为意味着，联邦最高法院和下级法院应该单独拥有决定其权力所涉及的那些事业的权力；或者简单地表示，国家司法机构应该是一个最高法院，以及国会认为适当任命的下级法院；或者换句话说，美国应该通过一个最高法庭和由他们设立的一定数量的下级法庭来行使他们所赋予的司法权。
The first excludes, the last admits, the concurrent jurisdiction of the State tribunals; and as the first would amount to an alienation of State power by implication, the last appears to me the most natural and the most defensible construction.
第一个排除，最后一个承认国家法庭的并行管辖权；由于第一种情况意味着国家权力的转让，因此在我看来，最后一种情况是最自然、最有道理的解释。
But this doctrine of concurrent jurisdiction is only clearly applicable to those descriptions of causes of which the State courts have previous cognizance.
但这种并行管辖权原则显然仅适用于州法院先前已认识到的原因描述。
It is not equally evident in relation to cases which may grow out of, and be peculiar to, the Constitution to be established; for not to allow the State courts a right of jurisdiction in such cases, can hardly be considered as the abridgment of a pre-existing authority.
对于可能源于即将制定的宪法且为该宪法所特有的案件，这一点并不同样明显。不允许州法院对此类案件拥有管辖权，很难被视为是对原有权力的削弱。
I mean not therefore to contend that the United States, in the course of legislation upon the objects intrusted to their direction, may not commit the decision of causes arising upon a particular regulation to the federal courts solely, if such a measure should be deemed expedient; but I hold that the State courts will be divested of no part of their primitive jurisdiction, further than may relate to an appeal; and I am even of opinion that in every case in which they were not expressly excluded by the future acts of the national legislature, they will of course take cognizance of the causes to which those acts may give birth.
因此，我的意思并不是说，美国在就委托其指导的对象进行立法的过程中，如果认为这种措施是权宜之计，则不得将因特定法规而引起的原因的决定仅提交给联邦法院；但我认为州法院不会被剥夺其原始管辖权的任何部分，除非与上诉有关；我什至认为，在国家立法机关未来的法案没有明确排除它们的每一种情况下，它们当然会认识到这些法案可能产生的原因。
This I infer from the nature of judiciary power, and from the general genius of the system.
这是我从司法权的性质以及该制度的一般天才中推断出来的。
The judiciary power of every government looks beyond its own local or municipal laws, and in civil cases lays hold of all subjects of litigation between parties within its jurisdiction, though the causes of dispute are relative to the laws of the most distant part of the globe.
每个政府的司法权超越其自己的地方或市政法律，在民事案件中掌握其管辖范围内当事人之间的所有诉讼主题，尽管争议的原因与地球最遥远的地方的法律有关。
Those of Japan, not less than of New York, may furnish the objects of legal discussion to our courts.
日本的那些人，不亚于纽约的那些人，可以向我们的法院提供法律讨论的对象。
When in addition to this we consider the State governments and the national governments, as they truly are, in the light of kindred systems, and as parts of ONE WHOLE, the inference seems to be conclusive, that the State courts would have a concurrent jurisdiction in all cases arising under the laws of the Union, where it was not expressly prohibited.
除此之外，当我们根据相似的制度将州政府和国家政府视为一个整体的一部分来考虑州政府和国家政府时，这一推论似乎是结论性的，即州法院对根据联邦法律产生的所有案件拥有并行管辖权，只要没有明确禁止。
Here another question occurs: What relation would subsist between the national and State courts in these instances of concurrent jurisdiction?
这里出现了另一个问题：在这些并行管辖权的情况下，国家法院和州法院之间存在什么关系？
I answer, that an appeal would certainly lie from the latter, to the Supreme Court of the United States.
我的回答是，后者肯定会向美国最高法院提出上诉。
The Constitution in direct terms gives an appellate jurisdiction to the Supreme Court in all the enumerated cases of federal cognizance in which it is not to have an original one, without a single expression to confine its operation to the inferior federal courts.
宪法以直接条款赋予最高法院对所有列举的联邦审理案件的上诉管辖权，在这些案件中，最高法院没有原始管辖权，没有任何单一表述将其运作限制于下级联邦法院。
The objects of appeal, not the tribunals from which it is to be made, are alone contemplated.
单独考虑的是上诉的对象，而不是提出上诉的法庭。
From this circumstance, and from the reason of the thing, it ought to be construed to extend to the State tribunals.
从这种情况以及事情的原因来看，它应该被解释为扩展到州法庭。
Either this must be the case, or the local courts must be excluded from a concurrent jurisdiction in matters of national concern, else the judiciary authority of the Union may be eluded at the pleasure of every plaintiff or prosecutor.
要么情况必须如此，要么地方法院必须被排除在国家关心的事务上的并行管辖权之外，否则每个原告或检察官都可以逃避联邦的司法权威。
Neither of these consequences ought, without evident necessity, to be involved; the latter would be entirely inadmissible, as it would defeat some of the most important and avowed purposes of the proposed government, and would essentially embarrass its measures.
如果没有明显的必要性，这两种后果都不应该涉及；后者是完全不可接受的，因为它将违背拟议政府的一些最重要和公开的目的，并从根本上使其措施陷入困境。
Nor do I perceive any foundation for such a supposition.
我也不认为这种假设有任何基础。
Agreeably to the remark already made, the national and State systems are to be regarded as ONE WHOLE.
同意已经发表的评论，国家和国家系统应被视为一个整体。
The courts of the latter will of course be natural auxiliaries to the execution of the laws of the Union, and an appeal from them will as naturally lie to that tribunal which is destined to unite and assimilate the principles of national justice and the rules of national decisions.
后者的法院当然是执行联邦法律的天然辅助机构，它们的上诉自然会提交给注定要统一和吸收国家司法原则和国家决策规则的法庭。
The evident aim of the plan of the convention is, that all the causes of the specified classes shall, for weighty public reasons, receive their original or final determination in the courts of the Union.
公约计划的明显目标是，出于重要的公共原因，特定类别的所有原因均应由联盟法院接受其最初或最终裁决。
To confine, therefore, the general expressions giving appellate jurisdiction to the Supreme Court, to appeals from the subordinate federal courts, instead of allowing their extension to the State courts, would be to abridge the latitude of the terms, in subversion of the intent, contrary to every sound rule of interpretation.
因此，将上诉管辖权授予最高法院的一般表述限制于下级联邦法院的上诉，而不是允许将其延伸至州法院，这将是缩小术语的范围，从而颠覆了意图，违反了每一个合理的解释规则。
But could an appeal be made to lie from the State courts to the subordinate federal judicatories?
但是，州法院是否可以向下级联邦司法机构提出撒谎上诉？
This is another of the questions which have been raised, and of greater difficulty than the former.
这是已提出的另一个问题，而且比前一个问题更困难。
The following considerations countenance the affirmative.
以下考虑因素支持肯定的观点。
The plan of the convention, in the first place, authorizes the national legislature "to constitute tribunals inferior to the Supreme Court."(2) It declares, in the next place, that "the JUDICIAL POWER of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress shall ordain and establish"; and it then proceeds to enumerate the cases to which this judicial power shall extend.
公约的计划首先授权国家立法机关“设立低于最高法院的法庭”。（2）其次，它宣布“合众国的司法权应归属一个最高法院，以及国会应指定和设立的下级法院”；然后列举了该司法权应适用的案件。
It afterwards divides the jurisdiction of the Supreme Court into original and appellate, but gives no definition of that of the subordinate courts.
随后，它把最高法院的管辖权分为初审法院和上诉法院，但没有给出下级法院管辖权的定义。
The only outlines described for them, are that they shall be "inferior to the Supreme Court," and that they shall not exceed the specified limits of the federal judiciary.
为他们描述的唯一概要是，他们应“低于最高法院”，并且不得超出联邦司法机构的规定范围。
Whether their authority shall be original or appellate, or both, is not declared.
没有宣布他们的权力是初审权力还是上诉权力，或两者兼而有之。
All this seems to be left to the discretion of the legislature.
所有这一切似乎都由立法机关自行决定。
And this being the case, I perceive at present no impediment to the establishment of an appeal from the State courts to the subordinate national tribunals; and many advantages attending the power of doing it may be imagined.
鉴于这种情况，我认为目前从州法院向下级国家法庭提出上诉没有任何障碍；可以想象这样做的力量带来的许多好处。
It would diminish the motives to the multiplication of federal courts, and would admit of arrangements calculated to contract the appellate jurisdiction of the Supreme Court.
它将减少联邦法院数量增加的动机，并承认旨在缩小最高法院上诉管辖权的安排。
The State tribunals may then be left with a more entire charge of federal causes; and appeals, in most cases in which they may be deemed proper, instead of being carried to the Supreme Court, may be made to lie from the State courts to district courts of the Union.
州法庭可能会更全面地负责联邦案件；在大多数情况下，上诉可能被认为是适当的，而不是提交给最高法院，可以从州法院向联邦地区法院提出上诉。
PUBLIUS
普布利乌斯
1.
1.
No. 31.
31号。
2.
2.
Sec.
秒。
8, Art.
8、艺术。
1.
1.
FEDERALIST No. 83
联邦党人文集 83 号
The Judiciary Continued in Relation to Trial by Jury
司法机构继续处理陪审团审判问题
From MCLEAN's Edition, New York.
来自纽约 MCLEAN 版。
Wednesday, May 28, 1788
1788 年 5 月 28 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
THE objection to the plan of the convention, which has met with most success in this State, and perhaps in several of the other States, is that relative to the want of a constitutional provision for the trial by jury in civil cases.
对公约计划的反对意见在本州，也许在其他几个州取得了最大的成功，是因为宪法中缺乏民事案件陪审团审判的规定。
The disingenuous form in which this objection is usually stated has been repeatedly adverted to and exposed, but continues to be pursued in all the conversations and writings of the opponents of the plan.
通常表达这种反对意见的不诚实形式已被反复提及和揭露，但在该计划的反对者的所有谈话和著作中仍然继续存在。
The mere silence of the Constitution in regard to civil causes, is represented as an abolition of the trial by jury, and the declamations to which it has afforded a pretext are artfully calculated to induce a persuasion that this pretended abolition is complete and universal, extending not only to every species of civil, but even to criminal causes.
宪法对民事案件的沉默，就被表现为废除陪审团审判，而它所提供的借口的声明则被巧妙地精心设计，以诱导人们相信这种假装的废除是完全和普遍的，不仅适用于各种民事案件，甚至适用于刑事案件。
To argue with respect to the latter would, however, be as vain and fruitless as to attempt the serious proof of the existence of matter, or to demonstrate any of those propositions which, by their own internal evidence, force conviction, when expressed in language adapted to convey their meaning.
然而，就后者进行争论，就像试图严肃地证明物质的存在一样，或者证明任何那些命题，当用适合传达其含义的语言表达时，通过其自身的内部证据来强制确信，都是徒劳和徒劳的。
With regard to civil causes, subtleties almost too contemptible for refutation have been employed to countenance the surmise that a thing which is only not provided for, is entirely abolished.
就民事事业而言，人们使用了几乎难以反驳的微妙之处来支持这样的推测：如果没有规定，就完全废除了。
Every man of discernment must at once perceive the wide difference between silence and abolition.
每个有洞察力的人都必须立即认识到沉默与废除之间的巨大区别。
But as the inventors of this fallacy have attempted to support it by certain legal maxims of interpretation, which they have perverted from their true meaning, it may not be wholly useless to explore the ground they have taken.
但是，由于这一谬论的发明者试图通过某些法律解释准则来支持这一谬误，但他们却曲解了这些准则的真实含义，因此探索他们所采取的立场可能并非完全无用。
The maxims on which they rely are of this nature: "A specification of particulars is an exclusion of generals"; or, "The expression of one thing is the exclusion of another." Hence, say they, as the Constitution has established the trial by jury in criminal cases, and is silent in respect to civil, this silence is an implied prohibition of trial by jury in regard to the latter.
他们所依赖的格言具有这样的性质：“具体细节的说明排除一般性”；或者，“一件事的表达就是对另一件事的排除。”因此，他们说，由于宪法规定刑事案件由陪审团审判，而对民事案件却没有规定，这种沉默就暗含禁止陪审团对后者进行审判。
The rules of legal interpretation are rules of common sense, adopted by the courts in the construction of the laws.
法律解释规则是法院在解释法律时采用的常识规则。
The true test, therefore, of a just application of them is its conformity to the source from which they are derived.
因此，对它们的正确应用的真正检验是其与它们的来源的一致性。
This being the case, let me ask if it is consistent with common-sense to suppose that a provision obliging the legislative power to commit the trial of criminal causes to juries, is a privation of its right to authorize or permit that mode of trial in other cases?
既然如此，我想问一下，假设立法权必须将刑事案件的审判交给陪审团的规定，是否会剥夺立法权在其他案件中授权或允许这种审判方式的权利，这是否符合常识？
Is it natural to suppose, that a command to do one thing is a prohibition to the doing of another, which there was a previous power to do, and which is not incompatible with the thing commanded to be done?
是否可以自然地假设，做一件事的命令就是对做另一件事的禁止，而这件事之前有权力去做，并且与命令要做的事情并不矛盾？
If such a supposition would be unnatural and unreasonable, it cannot be rational to maintain that an injunction of the trial by jury in certain cases is an interdiction of it in others.
如果这样的假设是不自然和不合理的，那么认为在某些案件中禁止陪审团审判就是在其他案件中禁止审判就不可能是合理的。
A power to constitute courts is a power to prescribe the mode of trial; and consequently, if nothing was said in the Constitution on the subject of juries, the legislature would be at liberty either to adopt that institution or to let it alone.
组成法院的权力是规定审判方式的权力；因此，如果《宪法》中没有提及陪审团的问题，立法机关可以自由地要么采用该制度，要么放弃它。
This discretion, in regard to criminal causes, is abridged by the express injunction of trial by jury in all such cases; but it is, of course, left at large in relation to civil causes, there being a total silence on this head.
在所有此类案件中，明确禁止陪审团审判，从而削弱了有关刑事原因的自由裁量权；但当然，与民事事业有关的问题却无人问津，对此完全保持沉默。
The specification of an obligation to try all criminal causes in a particular mode, excludes indeed the obligation or necessity of employing the same mode in civil causes, but does not abridge the power of the legislature to exercise that mode if it should be thought proper.
以特定模式审理所有刑事诉讼的义务的具体规定，确实排除了在民事诉讼中采用相同模式的义务或必要性，但并不削弱立法机关在认为适当的情况下行使该模式的权力。
The pretense, therefore, that the national legislature would not be at full liberty to submit all the civil causes of federal cognizance to the determination of juries, is a pretense destitute of all just foundation.
因此，假装国家立法机关不能完全自由地将联邦认定的所有民事原因提交陪审团决定，是一种缺乏公正基础的假装。
From these observations this conclusion results: that the trial by jury in civil cases would not be abolished; and that the use attempted to be made of the maxims which have been quoted, is contrary to reason and common-sense, and therefore not admissible.
从这些观察得出的结论是：民事案件中的陪审团审判不会被废除；试图使用所引用的格言违反了理性和常识，因此不可接受。
Even if these maxims had a precise technical sense, corresponding with the idea of those who employ them upon the present occasion, which, however, is not the case, they would still be inapplicable to a constitution of government.
即使这些格言具有精确的技术意义，与当前情况下使用它们的人的想法相对应，但事实并非如此，它们仍然不适用于政府宪法。
In relation to such a subject, the natural and obvious sense of its provisions, apart from any technical rules, is the true criterion of construction.
对于这样一个主题，除了任何技术规则之外，其规定的自然和明显的意义才是真正的解释标准。
Having now seen that the maxims relied upon will not bear the use made of them, let us endeavor to ascertain their proper use and true meaning.
现在我们已经看到，所依赖的格言并不适用于它们，让我们努力确定它们的正确用法和真正含义。
This will be best done by examples.
这最好通过示例来完成。
The plan of the convention declares that the power of Congress, or, in other words, of the national legislature, shall extend to certain enumerated cases.
公约的计划宣布，国会的权力，或者换句话说，国家立法机关的权力，应扩大到某些列举的情况。
This specification of particulars evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended.
这种对细节的具体说明显然排除了对一般立法权力的所有要求，因为如果打算建立一般权力，那么肯定授予特殊权力将是荒谬的，而且是无用的。
In like manner the judicial authority of the federal judicatures is declared by the Constitution to comprehend certain cases particularly specified.
同样，宪法宣布联邦司法机构的司法权力负责处理某些特别指定的案件。
The expression of those cases marks the precise limits, beyond which the federal courts cannot extend their jurisdiction, because the objects of their cognizance being enumerated, the specification would be nugatory if it did not exclude all ideas of more extensive authority.
这些案件的表述标志着明确的界限，联邦法院不能扩大其管辖范围，因为它们的管辖范围已被列举，如果不排除所有更广泛权威的想法，该规范将是无效的。
These examples are sufficient to elucidate the maxims which have been mentioned, and to designate the manner in which they should be used.
这些例子足以阐明已经提到的格言，并指定它们的使用方式。
But that there may be no misapprehensions upon this subject, I shall add one case more, to demonstrate the proper use of these maxims, and the abuse which has been made of them.
但为了避免对这个问题产生误解，我将再添加一个案例，以证明这些格言的正确使用以及它们被滥用的情况。
Let us suppose that by the laws of this State a married woman was incapable of conveying her estate, and that the legislature, considering this as an evil, should enact that she might dispose of her property by deed executed in the presence of a magistrate.
让我们假设，根据本州的法律，已婚妇女无法转让其财产，立法机关认为这是一种罪恶，应该颁布法律，规定她可以通过在治安法官在场的情况下签署的契约来处置其财产。
In such a case there can be no doubt but the specification would amount to an exclusion of any other mode of conveyance, because the woman having no previous power to alienate her property, the specification determines the particular mode which she is, for that purpose, to avail herself of.
在这种情况下，毫无疑问，该规范将等于排除任何其他运输方式，因为妇女先前没有权力转让其财产，该规范确定了她为此目的而利用的特定方式。
But let us further suppose that in a subsequent part of the same act it should be declared that no woman should dispose of any estate of a determinate value without the consent of three of her nearest relations, signified by their signing the deed; could it be inferred from this regulation that a married woman might not procure the approbation of her relations to a deed for conveying property of inferior value?
但让我们进一步假设，在同一法案的后续部分中，应该宣布，未经她的三位最近亲属的同意（以他们签署契约为标志），任何妇女不得处置任何具有确定价值的财产；是否可以从该规定推断已婚妇女不得就转让低价值财产的契约获得其亲属的批准？
The position is too absurd to merit a refutation, and yet this is precisely the position which those must establish who contend that the trial by juries in civil cases is abolished, because it is expressly provided for in cases of a criminal nature.
这种立场太荒谬了，值得反驳，但这正是那些主张废除民事案件陪审团审判的人必须确立的立场，因为在刑事性质的案件中明确规定了陪审团审判。
From these observations it must appear unquestionably true, that trial by jury is in no case abolished by the proposed Constitution, and it is equally true, that in those controversies between individuals in which the great body of the people are likely to be interested, that institution will remain precisely in the same situation in which it is placed by the State constitutions, and will be in no degree altered or influenced by the adoption of the plan under consideration.
从这些观察看来，陪审团审判在任何情况下都不会被拟议的宪法废除，而且同样正确的是，在大多数人民可能感兴趣的个人之间的争议中，该机构将完全处于州宪法所规定的相同情况，并且不会因正在考虑的计划的通过而改变或影响。
The foundation of this assertion is, that the national judiciary will have no cognizance of them, and of course they will remain determinable as heretofore by the State courts only, and in the manner which the State constitutions and laws prescribe.
这一主张的基础是，国家司法机构不会承认它们，当然，它们仍然只能像迄今为止一样由州法院按照州宪法和法律规定的方式确定。
All land causes, except where claims under the grants of different States come into question, and all other controversies between the citizens of the same State, unless where they depend upon positive violations of the articles of union, by acts of the State legislatures, will belong exclusively to the jurisdiction of the State tribunals.
所有土地诉讼，除了不同州授予的权利要求受到质疑的情况外，以及同一州公民之间的所有其他争议，除非它们依赖于州立法机关的行为明显违反联盟条款，都将完全属于州法庭的管辖范围。
Add to this, that admiralty causes, and almost all those which are of equity jurisdiction, are determinable under our own government without the intervention of a jury, and the inference from the whole will be, that this institution, as it exists with us at present, cannot possibly be affected to any great extent by the proposed alteration in our system of government.
除此之外，海事案件以及几乎所有属于衡平法管辖权的案件，都可以由我们自己的政府决定，无需陪审团的干预，并且从整体上推断，我们目前存在的这一机构不可能在很大程度上受到我们政府体系拟议变更的影响。
The friends and adversaries of the plan of the convention, if they agree in nothing else, concur at least in the value they set upon the trial by jury; or if there is any difference between them it consists in this: the former regard it as a valuable safeguard to liberty; the latter represent it as the very palladium of free government.
大会计划的朋友和对手，即使他们在其他方面没有达成一致，至少也同意他们对陪审团审判的重视。或者说，如果他们之间有任何区别的话，那就是：前者认为这是对自由的宝贵保障；后者认为这是对自由的宝贵保障。后者将其视为自由政府的钯金。
For my own part, the more the operation of the institution has fallen under my observation, the more reason I have discovered for holding it in high estimation; and it would be altogether superfluous to examine to what extent it deserves to be esteemed useful or essential in a representative republic, or how much more merit it may be entitled to, as a defense against the oppressions of an hereditary monarch, than as a barrier to the tyranny of popular magistrates in a popular government.
就我个人而言，我对这个机构的运作观察得越多，我就越有理由对它给予高度评价。考察它在代议制共和国中在多大程度上值得被认为是有用的或必要的，或者作为对世袭君主压迫的防御，而不是作为人民政府中人民治安官暴政的障碍，它可能有更多的价值，这是完全多余的。
Discussions of this kind would be more curious than beneficial, as all are satisfied of the utility of the institution, and of its friendly aspect to liberty.
此类讨论与其说是有益的，不如说是令人好奇的，因为所有人都对该机构的效用及其对自由的友好方面感到满意。
But I must acknowledge that I cannot readily discern the inseparable connection between the existence of liberty, and the trial by jury in civil cases.
但我必须承认，我无法轻易辨别自由的存在与民事案件中陪审团审判之间不可分割的联系。
Arbitrary impeachments, arbitrary methods of prosecuting pretended offenses, and arbitrary punishments upon arbitrary convictions, have ever appeared to me to be the great engines of judicial despotism; and these have all relation to criminal proceedings.
在我看来，任意弹劾、任意起诉假冒罪行的方法以及对任意定罪的任意惩罚，都是司法专制主义的强大引擎。这些都与刑事诉讼有关。
The trial by jury in criminal cases, aided by the habeas corpus act, seems therefore to be alone concerned in the question.
因此，在人身保护令法的帮助下，刑事案件中的陪审团审判似乎是唯一涉及这个问题的。
And both of these are provided for, in the most ample manner, in the plan of the convention.
大会的计划以最充分的方式对这两点作出了规定。
It has been observed, that trial by jury is a safeguard against an oppressive exercise of the power of taxation.
据观察，陪审团审判是防止滥用税收权力的保障措施。
This observation deserves to be canvassed.
这一观察值得探讨。
It is evident that it can have no influence upon the legislature, in regard to the amount of taxes to be laid, to the objects upon which they are to be imposed, or to the rule by which they are to be apportioned.
显然，它不能对立法机关产生任何影响，无论是征税数额、征税对象还是分配规则。
If it can have any influence, therefore, it must be upon the mode of collection, and the conduct of the officers intrusted with the execution of the revenue laws.
因此，如果它能产生任何影响，那一定是对征收方式以及负责执行税收法的官员的行为产生影响。
As to the mode of collection in this State, under our own Constitution, the trial by jury is in most cases out of use.
至于本州的征收方式，根据我们自己的宪法，陪审团审判在大多数情况下是不适用的。
The taxes are usually levied by the more summary proceeding of distress and sale, as in cases of rent.
这些税款通常通过更简易的困境和出售程序征收，例如租金。
And it is acknowledged on all hands, that this is essential to the efficacy of the revenue laws.
所有人都承认，这对于税收法的有效性至关重要。
The dilatory course of a trial at law to recover the taxes imposed on individuals, would neither suit the exigencies of the public nor promote the convenience of the citizens.
拖延通过法律审理追回对个人征收的税款，既不能满足公众的迫切需要，也不能促进公民的便利。
It would often occasion an accumulation of costs, more burdensome than the original sum of the tax to be levied.
这往往会导致成本的积累，比原来征收的税款还要沉重。
And as to the conduct of the officers of the revenue, the provision in favor of trial by jury in criminal cases, will afford the security aimed at.
至于税务官员的行为，有利于刑事案件由陪审团审判的规定将提供目标安全。
Wilful abuses of a public authority, to the oppression of the subject, and every species of official extortion, are offenses against the government, for which the persons who commit them may be indicted and punished according to the circumstances of the case.
故意滥用公共权力、压迫臣民以及各种官方敲诈勒索行为，均属于针对政府的犯罪行为，犯罪者可根据案件情况受到起诉和惩罚。
The excellence of the trial by jury in civil cases appears to depend on circumstances foreign to the preservation of liberty.
陪审团在民事案件中的审判效果似乎取决于不利于保护自由的情况。
The strongest argument in its favor is, that it is a security against corruption.
支持它的最有力的论据是，它是反腐败的保障。
As there is always more time and better opportunity to tamper with a standing body of magistrates than with a jury summoned for the occasion, there is room to suppose that a corrupt influence would more easily find its way to the former than to the latter.
由于与临时召集的陪审团相比，总是有更多的时间和更好的机会来篡改常设的治安法官机构，因此有理由认为，腐败的影响力更容易找到前者，而不是后者。
The force of this consideration is, however, diminished by others.
然而，这种考虑的力量却被其他因素削弱了。
The sheriff, who is the summoner of ordinary juries, and the clerks of courts, who have the nomination of special juries, are themselves standing officers, and, acting individually, may be supposed more accessible to the touch of corruption than the judges, who are a collective body.
治安官是普通陪审团的召集人，法院书记员是特别陪审团的提名人，他们本身就是常务官员，而且，他们单独行事，可能比作为一个集体的法官更容易受到腐败的影响。
It is not difficult to see, that it would be in the power of those officers to select jurors who would serve the purpose of the party as well as a corrupted bench.
不难看出，这些官员有权选择既服务于党的目的又服务于腐败法官的陪审员。
In the next place, it may fairly be supposed, that there would be less difficulty in gaining some of the jurors promiscuously taken from the public mass, than in gaining men who had been chosen by the government for their probity and good character.
其次，可以合理地认为，从公众中随意选拔的陪审员比获得政府因正直和良好品格而选出的陪审员要容易得多。
But making every deduction for these considerations, the trial by jury must still be a valuable check upon corruption.
但考虑到这些因素，陪审团审判仍然是对腐败的一种有价值的检查。
It greatly multiplies the impediments to its success.
它大大增加了其成功的障碍。
As matters now stand, it would be necessary to corrupt both court and jury; for where the jury have gone evidently wrong, the court will generally grant a new trial, and it would be in most cases of little use to practice upon the jury, unless the court could be likewise gained.
就目前情况而言，有必要腐蚀法庭和陪审团；因为如果陪审团明显犯了错误，法院通常会批准重新审理，而在大多数情况下，对陪审团进行实践是没有多大用处的，除非法院同样能够获得支持。
Here then is a double security; and it will readily be perceived that this complicated agency tends to preserve the purity of both institutions.
这就是双重安全；而且很容易看出，这个复杂的机构往往会保持两个机构的纯洁性。
By increasing the obstacles to success, it discourages attempts to seduce the integrity of either.
通过增加成功的障碍，它阻止了诱惑任何一方正直的企图。
The temptations to prostitution which the judges might have to surmount, must certainly be much fewer, while the co-operation of a jury is necessary, than they might be, if they had themselves the exclusive determination of all causes.
当陪审团的合作是必要的时候，法官可能必须克服的卖淫诱惑肯定比他们自己对所有原因拥有唯一决定权的情况要少得多。
Notwithstanding, therefore, the doubts I have expressed, as to the essentiality of trial by jury in civil cases to liberty, I admit that it is in most cases, under proper regulations, an excellent method of determining questions of property; and that on this account alone it would be entitled to a constitutional provision in its favor if it were possible to fix the limits within which it ought to be comprehended.
因此，尽管我对民事案件中陪审团审判对自由的重要性表示怀疑，但我承认，在大多数情况下，在适当的规定下，陪审团是解决财产问题的极好方法；仅凭这一点，如果能够确定其应被理解的限度，它就有权获得对其有利的宪法条款。
There is, however, in all cases, great difficulty in this; and men not blinded by enthusiasm must be sensible that in a federal government, which is a composition of societies whose ideas and institutions in relation to the matter materially vary from each other, that difficulty must be not a little augmented.
然而，在所有情况下，这都存在很大的困难。不被热情蒙蔽的人必须意识到，在一个由不同社会组成的联邦政府中，其与此事有关的观念和制度彼此之间存在重大差异，困难一定会增加不少。
For my own part, at every new view I take of the subject, I become more convinced of the reality of the obstacles which, we are authoritatively informed, prevented the insertion of a provision on this head in the plan of the convention.
就我个人而言，每当我对这个主题采取新的观点时，我就更加确信存在障碍的现实，我们被权威告知，这些障碍阻碍了在公约计划中插入有关这一方面的条款。
The great difference between the limits of the jury trial in different States is not generally understood; and as it must have considerable influence on the sentence we ought to pass upon the omission complained of in regard to this point, an explanation of it is necessary.
不同国家陪审团审判的限制之间的巨大差异并未得到普遍理解；由于它必定会对判决产生相当大的影响，我们应该对这一点所抱怨的遗漏进行处理，因此有必要对其进行解释。
In this State, our judicial establishments resemble, more nearly than in any other, those of Great Britain.
在这个国家，我们的司法机构比任何其他国家都更类似于英国的司法机构。
We have courts of common law, courts of probates (analogous in certain matters to the spiritual courts in England), a court of admiralty and a court of chancery.
我们有普通法法院、遗嘱认证法院（在某些方面类似于英国的精神法院）、海事法院和大法官法院。
In the courts of common law only, the trial by jury prevails, and this with some exceptions.
仅在普通法法院，陪审团审判占主导地位，但也有一些例外。
In all the others a single judge presides, and proceeds in general either according to the course of the canon or civil law, without the aid of a jury.(1) In New Jersey, there is a court of chancery which proceeds like ours, but neither courts of admiralty nor of probates, in the sense in which these last are established with us.
在所有其他法院中，均由一名法官主持，一般根据教会法或民法的程序进行，无需陪审团的帮助。（1）在新泽西州，有一个与我们的法院类似的衡平法院，但既没有海事法院，也没有遗嘱认证法院，而后者是与我们共同建立的。
In that State the courts of common law have the cognizance of those causes which with us are determinable in the courts of admiralty and of probates, and of course the jury trial is more extensive in New Jersey than in New York.
在该州，普通法法院承认那些在我们这里可以在海事法院和遗嘱认证法院确定的原因，当然新泽西州的陪审团审判比纽约更广泛。
In Pennsylvania, this is perhaps still more the case, for there is no court of chancery in that State, and its common-law courts have equity jurisdiction.
在宾夕法尼亚州，情况可能更是如此，因为该州没有衡平法院，而普通法法院拥有衡平法管辖权。
It has a court of admiralty, but none of probates, at least on the plan of ours.
它有一个海事法庭，但没有遗嘱认证，至少按照我们的计划是这样。
Delaware has in these respects imitated Pennsylvania.
特拉华州在这些方面模仿了宾夕法尼亚州。
Maryland approaches more nearly to New York, as does also Virginia, except that the latter has a plurality of chancellors.
马里兰州与纽约州更接近，弗吉尼亚州也是如此，只不过后者有多名总理。
North Carolina bears most affinity to Pennsylvania; South Carolina to Virginia.
北卡罗来纳州与宾夕法尼亚州最为亲近。南卡罗来纳州至弗吉尼亚州。
I believe, however, that in some of those States which have distinct courts of admiralty, the causes depending in them are triable by juries.
然而，我认为，在一些拥有不同海事法院的国家，取决于这些法院的案件可由陪审团审理。
In Georgia there are none but common-law courts, and an appeal of course lies from the verdict of one jury to another, which is called a special jury, and for which a particular mode of appointment is marked out.
在佐治亚州，只有普通法法院，当然可以对一个陪审团的裁决向另一个陪审团提出上诉，该陪审团被称为特别陪审团，并为其指定了一种特定的任命方式。
In Connecticut, they have no distinct courts either of chancery or of admiralty, and their courts of probates have no jurisdiction of causes.
在康涅狄格州，他们没有明显的大法官法院或海事法院，而且他们的遗嘱认证法院没有诉讼管辖权。
Their common-law courts have admiralty and, to a certain extent, equity jurisdiction.
它们的普通法法院拥有海事管辖权，并在一定程度上拥有衡平法管辖权。
In cases of importance, their General Assembly is the only court of chancery.
在重大案件中，他们的大会是唯一的大法官法院。
In Connecticut, therefore, the trial by jury extends in practice further than in any other State yet mentioned.
因此，在康涅狄格州，陪审团审判的实践范围比尚未提到的任何其他州都要广泛。
Rhode Island is, I believe, in this particular, pretty much in the situation of Connecticut.
我认为，在这一点上，罗德岛州与康涅狄格州的情况非常相似。
Massachusetts and New Hampshire, in regard to the blending of law, equity, and admiralty jurisdictions, are in a similar predicament.
马萨诸塞州和新罕布什尔州在法律、衡平法和海事管辖权的融合方面也面临着类似的困境。
In the four Eastern States, the trial by jury not only stands upon a broader foundation than in the other States, but it is attended with a peculiarity unknown, in its full extent, to any of them.
在东部四个州，陪审团审判不仅比其他州有着更广泛的基础，而且还具有其他州所不知道的特殊性。
There is an appeal of course from one jury to another, till there have been two verdicts out of three on one side.
当然，一个陪审团可以向另一个陪审团提出上诉，直到一方做出三分之二的裁决。
From this sketch it appears that there is a material diversity, as well in the modification as in the extent of the institution of trial by jury in civil cases, in the several States; and from this fact these obvious reflections flow: first, that no general rule could have been fixed upon by the convention which would have corresponded with the circumstances of all the States; and secondly, that more or at least as much might have been hazarded by taking the system of any one State for a standard, as by omitting a provision altogether and leaving the matter, as has been done, to legislative regulation.
从这个概述可以看出，几个州在民事案件陪审团审判制度的修改和范围上都存在实质性差异；从这一事实可以看出以下明显的反映：第一，公约不可能制定出符合所有国家情况的一般规则；其次，以任何一个国家的制度为标准可能会带来更多或至少同样大的危险，就像完全省略一项规定并将问题留给立法监管一样。
The propositions which have been made for supplying the omission have rather served to illustrate than to obviate the difficulty of the thing.
为补充这一遗漏而提出的主张与其说是为了消除问题的困难，不如说是为了说明问题。
The minority of Pennsylvania have proposed this mode of expression for the purpose--"Trial by jury shall be as heretofore"--and this I maintain would be senseless and nugatory.
宾夕法尼亚州的少数派提出了这种表达方式，其目的是“陪审团审判应与以前一样”，而我认为这是毫无意义和无效的。
The United States, in their united or collective capacity, are the OBJECT to which all general provisions in the Constitution must necessarily be construed to refer.
美国，以其统一或集体的身份，是宪法中所有一般条款必须被解释为参考的对象。
Now it is evident that though trial by jury, with various limitations, is known in each State individually, yet in the United States, as such, it is at this time altogether unknown, because the present federal government has no judiciary power whatever; and consequently there is no proper antecedent or previous establishment to which the term heretofore could relate.
现在很明显，虽然每个州都有陪审团审判，但有各种限制，但在美国，目前却完全不为人所知，因为目前的联邦政府没有任何司法权；因此，迄今为止，没有适当的前因或先前的建立可以与该术语相关。
It would therefore be destitute of a precise meaning, and inoperative from its uncertainty.
因此，它缺乏精确的含义，并且由于其不确定性而无法发挥作用。
As, on the one hand, the form of the provision would not fulfil the intent of its proposers, so, on the other, if I apprehend that intent rightly, it would be in itself inexpedient.
一方面，该条款的形式无法实现其提议者的意图，因此，另一方面，如果我正确理解了该意图，那么它本身就是不合适的。
I presume it to be, that causes in the federal courts should be tried by jury, if, in the State where the courts sat, that mode of trial would obtain in a similar case in the State courts; that is to say, admiralty causes should be tried in Connecticut by a jury, in New York without one.
我认为，如果在法院所在地的州，州法院的类似案件可以采用这种审判方式，那么联邦法院的诉讼应该由陪审团审理；也就是说，海事案件在康涅狄格州应该由陪审团审理，而在纽约则没有陪审团。
The capricious operation of so dissimilar a method of trial in the same cases, under the same government, is of itself sufficient to indispose every wellregulated judgment towards it.
在同一政府的领导下，对同一案件采用如此不同的审判方法，其反复无常的运作本身就足以使每一个严格规范的判决都无法对其进行处理。
Whether the cause should be tried with or without a jury, would depend, in a great number of cases, on the accidental situation of the court and parties.
在很多情况下，是否应在有或没有陪审团的情况下审理案件，将取决于法院和当事人的意外情况。
But this is not, in my estimation, the greatest objection.
但在我看来，这并不是最大的反对意见。
I feel a deep and deliberate conviction that there are many cases in which the trial by jury is an ineligible one.
我深深地、深思熟虑地确信，在许多案件中，陪审团审判是不合格的。
I think it so particularly in cases which concern the public peace with foreign nations--that is, in most cases where the question turns wholly on the laws of nations.
我认为尤其是在涉及与外国的公共和平的情况下——也就是说，在大多数情况下，问题完全取决于国际法。
Of this nature, among others, are all prize causes.
除其他外，所有奖励事业都具有这种性质。
Juries cannot be supposed competent to investigations that require a thorough knowledge of the laws and usages of nations; and they will sometimes be under the influence of impressions which will not suffer them to pay sufficient regard to those considerations of public policy which ought to guide their inquiries.
不能认为陪审团有能力进行需要透彻了解各国法律和惯例的调查；他们有时会受到一些印象的影响，而这些印象不会使他们对那些应该指导他们的调查的公共政策考虑给予足够的重视。
There would of course be always danger that the rights of other nations might be infringed by their decisions, so as to afford occasions of reprisal and war.
当然，总是存在这样的危险：其他国家的权利可能因其决定而受到侵犯，从而引发报复和战争。
Though the proper province of juries be to determine matters of fact, yet in most cases legal consequences are complicated with fact in such a manner as to render a separation impracticable.
尽管陪审团的适当职责是确定事实问题，但在大多数情况下，法律后果与事实变得复杂，以致于分离变得不切实际。
It will add great weight to this remark, in relation to prize causes, to mention that the method of determining them has been thought worthy of particular regulation in various treaties between different powers of Europe, and that, pursuant to such treaties, they are determinable in Great Britain, in the last resort, before the king himself, in his privy council, where the fact, as well as the law, undergoes a re-examination.
就奖金原因而言，要提到的是，确定奖金的方法被认为值得在欧洲不同国家之间的各种条约中进行特别规定，并且根据这些条约，奖金可以在英国最终决定，在国王本人面前，在枢密院中确定，事实和法律都在枢密院中接受重新审查。
This alone demonstrates the impolicy of inserting a fundamental provision in the Constitution which would make the State systems a standard for the national government in the article under consideration, and the danger of encumbering the government with any constitutional provisions the propriety of which is not indisputable.
仅此一点就表明在宪法中插入一项基本条款是不明智的，该条款将使国家制度成为所审议条款中国家政府的标准，并且存在用任何适当性并非无可争议的宪法条款阻碍政府的危险。
My convictions are equally strong that great advantages result from the separation of the equity from the law jurisdiction, and that the causes which belong to the former would be improperly committed to juries.
我同样坚信，将衡平法与法律管辖权分开会产生巨大的优势，而属于前者的原因将被不适当地提交给陪审团。
The great and primary use of a court of equity is to give relief in extraordinary cases, which are exceptions(2) to general rules.
衡平法院的主要用途是在特殊案件中提供救济，这些案件是一般规则的例外情况(2)。
To unite the jurisdiction of such cases with the ordinary jurisdiction, must have a tendency to unsettle the general rules, and to subject every case that arises to a special determination; while a separation of the one from the other has the contrary effect of rendering one a sentinel over the other, and of keeping each within the expedient limits.
要将此类案件的管辖权与普通管辖权相结合，必须具有动摇一般规则的倾向，并对出现的每个案件进行特殊裁决；而将一者与另一者分开会产生相反的效果，使一方成为另一方的哨兵，并使双方都保持在有利的限度内。
Besides this, the circumstances that constitute cases proper for courts of equity are in many instances so nice and intricate, that they are incompatible with the genius of trials by jury.
除此之外，构成衡平法法院适用的案件的情况在许多情况下是如此美好和复杂，以至于它们与陪审团审判的天才不相容。
They require often such long, deliberate, and critical investigation as would be impracticable to men called from their occupations, and obliged to decide before they were permitted to return to them.
它们通常需要进行长期、深思熟虑和批判性的调查，这对于从其职业中被召唤出来的人来说是不切实际的，并且必须在被允许返回之前做出决定。
The simplicity and expedition which form the distinguishing characters of this mode of trial require that the matter to be decided should be reduced to some single and obvious point; while the litigations usual in chancery frequently comprehend a long train of minute and independent particulars.
这种审判方式的显着特点是简单、快捷，要求将待决事项简化为某个单一、明显的问题；而法庭中常见的诉讼常常包含一长串详细而独立的细节。
It is true that the separation of the equity from the legal jurisdiction is peculiar to the English system of jurisprudence: which is the model that has been followed in several of the States.
诚然，衡平法与司法管辖权的分离是英国法理学体系所特有的：这是一些国家所遵循的模式。
But it is equally true that the trial by jury has been unknown in every case in which they have been united.
但同样真实的是，在他们联合审理的每一起案件中，陪审团的审判都是未知的。
And the separation is essential to the preservation of that institution in its pristine purity.
这种分离对于保持该机构的原始纯洁性至关重要。
The nature of a court of equity will readily permit the extension of its jurisdiction to matters of law; but it is not a little to be suspected, that the attempt to extend the jurisdiction of the courts of law to matters of equity will not only be unproductive of the advantages which may be derived from courts of chancery, on the plan upon which they are established in this State, but will tend gradually to change the nature of the courts of law, and to undermine the trial by jury, by introducing questions too complicated for a decision in that mode.
衡平法院的性质很容易将其管辖权扩展到法律问题；但是，值得怀疑的是，试图将法院的管辖权扩大到衡平法问题，不仅无法发挥衡平法院在本州建立的计划中可能获得的优势，而且会逐渐改变法院的性质，并通过引入对于以陪审团模式作出裁决来说过于复杂的问题，从而破坏陪审团的审判。
These appeared to be conclusive reasons against incorporating the systems of all the States, in the formation of the national judiciary, according to what may be conjectured to have been the attempt of the Pennsylvania minority.
根据可以推测的宾夕法尼亚少数派的尝试，这些似乎是反对将所有州的制度纳入国家司法机构的决定性理由。
Let us now examine how far the proposition of Massachusetts is calculated to remedy the supposed defect.
现在让我们看看马萨诸塞州的提议在多大程度上弥补了假定的缺陷。
It is in this form: "In civil actions between citizens of different States, every issue of fact, arising in actions at common law, may be tried by a jury if the parties, or either of them request it."
它的形式是这样的：“在不同国家公民之间的民事诉讼中，普通法诉讼中出现的每一事实问题，如果当事人或其中任何一方提出要求，都可以由陪审团审理。”
This, at best, is a proposition confined to one description of causes; and the inference is fair, either that the Massachusetts convention considered that as the only class of federal causes, in which the trial by jury would be proper; or that if desirous of a more extensive provision, they found it impracticable to devise one which would properly answer the end.
这充其量只是一个仅限于对原因的一种描述的命题。这个推论是公平的，要么马萨诸塞州大会认为这是唯一一类由陪审团审判是适当的联邦诉讼；或者，如果需要更广泛的规定，他们发现设计一个能够正确解决这一问题的规定是不切实际的。
If the first, the omission of a regulation respecting so partial an object can never be considered as a material imperfection in the system.
如果是第一种情况，那么对如此不完整的对象的规定的遗漏永远不能被视为系统中的实质性缺陷。
If the last, it affords a strong corroboration of the extreme difficulty of the thing.
如果是最后一个，那就有力地证明了事情的极端难度。
But this is not all: if we advert to the observations already made respecting the courts that subsist in the several States of the Union, and the different powers exercised by them, it will appear that there are no expressions more vague and indeterminate than those which have been employed to characterize that species of causes which it is intended shall be entitled to a trial by jury.
但这还不是全部：如果我们注意已经就联邦各州存在的法院以及它们所行使的不同权力所做的观察，就会发现，没有比那些用来描述有权由陪审团审判的案件的特征更含糊和不确定的表述了。
In this State, the boundaries between actions at common law and actions of equitable jurisdiction, are ascertained in conformity to the rules which prevail in England upon that subject.
在本州，普通法诉讼与衡平管辖权诉讼之间的界限是根据英格兰在该主题上的现行规则来确定的。
In many of the other States the boundaries are less precise.
在许多其他州，边界不太精确。
In some of them every cause is to be tried in a court of common law, and upon that foundation every action may be considered as an action at common law, to be determined by a jury, if the parties, or either of them, choose it.
在其中一些案件中，每项诉讼都应在普通法法院进行审判，在此基础上，如果当事人或其中任何一方选择，每项诉讼都可以被视为普通法诉讼，由陪审团决定。
Hence the same irregularity and confusion would be introduced by a compliance with this proposition, that I have already noticed as resulting from the regulation proposed by the Pennsylvania minority.
因此，遵守这一提议也会带来同样的不规则和混乱，我已经注意到这是宾夕法尼亚州少数派提出的规定所造成的。
In one State a cause would receive its determination from a jury, if the parties, or either of them, requested it; but in another State, a cause exactly similar to the other, must be decided without the intervention of a jury, because the State judicatories varied as to common-law jurisdiction.
在一个国家，如果当事人或其中一方提出要求，案件将由陪审团作出裁决；但在另一个国家，由于各州司法机构的普通法管辖权各不相同，因此必须在没有陪审团干预的情况下对与另一起案件完全相同的案件做出裁决。
It is obvious, therefore, that the Massachusetts proposition, upon this subject cannot operate as a general regulation, until some uniform plan, with respect to the limits of common-law and equitable jurisdictions, shall be adopted by the different States.
因此，很明显，马萨诸塞州在这个问题上的主张不能作为一般性规定来运作，除非不同的州通过一些关于普通法和衡平法管辖权限制的统一计划。
To devise a plan of that kind is a task arduous in itself, and which it would require much time and reflection to mature.
制定这样的计划本身就是一项艰巨的任务，需要大量的时间和反思才能成熟。
It would be extremely difficult, if not impossible, to suggest any general regulation that would be acceptable to all the States in the Union, or that would perfectly quadrate with the several State institutions.
即使不是不可能，也很难提出任何联盟所有国家都能接受的一般性规定，或者与几个国家机构完全相符的规定。
It may be asked, Why could not a reference have been made to the constitution of this State, taking that, which is allowed by me to be a good one, as a standard for the United States?
也许有人会问，为什么不能参考本州的宪法，并将其（我认为这是一个好的宪法）作为美国的标准？
I answer that it is not very probable the other States would entertain the same opinion of our institutions as we do ourselves.
我的回答是，其他国家不太可能对我们的机构持有与我们自己相同的看法。
It is natural to suppose that they are hitherto more attached to their own, and that each would struggle for the preference.
人们很自然地认为，迄今为止，他们更加依恋自己的偏好，并且每个人都会为争取这种偏好而奋斗。
If the plan of taking one State as a model for the whole had been thought of in the convention, it is to be presumed that the adoption of it in that body would have been rendered difficult by the predilection of each representation in favor of its own government; and it must be uncertain which of the States would have been taken as the model.
如果公约中考虑到以一个国家作为全体国家的典范的计划，那么可以推测，由于每个代表都偏向于自己的政府，因此在该机构中通过该计划将会变得困难；并且必须不确定哪个州会被视为模型。
It has been shown that many of them would be improper ones.
事实证明，其中许多都是不恰当的。
And I leave it to conjecture, whether, under all circumstances, it is most likely that New York, or some other State, would have been preferred.
我猜测，在任何情况下，纽约或其他一些州是否最有可能是首选。
But admit that a judicious selection could have been effected in the convention, still there would have been great danger of jealousy and disgust in the other States, at the partiality which had been shown to the institutions of one.
但承认，在大会上可以进行明智的选择，但由于对一国的机构表现出偏袒，其他国家仍然存在嫉妒和厌恶的巨大危险。
The enemies of the plan would have been furnished with a fine pretext for raising a host of local prejudices against it, which perhaps might have hazarded, in no inconsiderable degree, its final establishment.
该计划的反对者将有一个很好的借口来提出一系列针对该计划的当地偏见，这可能会在很大程度上危及该计划的最终建立。
To avoid the embarrassments of a definition of the cases which the trial by jury ought to embrace, it is sometimes suggested by men of enthusiastic tempers, that a provision might have been inserted for establishing it in all cases whatsoever.
为了避免陪审团审判应涵盖的案件定义的尴尬，脾气暴躁的人有时会建议，可以插入一项条款来在所有案件中建立这一定义。
For this I believe, no precedent is to be found in any member of the Union; and the considerations which have been stated in discussing the proposition of the minority of Pennsylvania, must satisfy every sober mind that the establishment of the trial by jury in all cases would have been an unpardonable error in the plan.
我认为，在任何联盟成员中都没有先例。在讨论宾夕法尼亚州少数派的提议时所阐述的考虑因素，必须让每一个清醒的头脑都满意，即在所有案件中建立陪审团审判将是该计划中不可原谅的错误。
In short, the more it is considered the more arduous will appear the task of fashioning a provision in such a form as not to express too little to answer the purpose, or too much to be advisable; or which might not have opened other sources of opposition to the great and essential object of introducing a firm national government.
简而言之，考虑得越多，制定一项条款的任务就越艰巨，其形式既不能表达太少而无法满足目的，也不能表达太多而不可取；或者这可能不会为建立一个坚定的国家政府这个伟大而重要的目标带来其他的反对声音。
I cannot but persuade myself, on the other hand, that the different lights in which the subject has been placed in the course of these observations, will go far towards removing in candid minds the apprehensions they may have entertained on the point.
另一方面，我不得不说服自己，在这些观察过程中对这个主题的不同看法，将大大消除他们在这一点上可能抱有的担忧。
They have tended to show that the security of liberty is materially concerned only in the trial by jury in criminal cases, which is provided for in the most ample manner in the plan of the convention; that even in far the greatest proportion of civil cases, and those in which the great body of the community is interested, that mode of trial will remain in its full force, as established in the State constitutions, untouched and unaffected by the plan of the convention; that it is in no case abolished(3) by that plan; and that there are great if not insurmountable difficulties in the way of making any precise and proper provision for it in a Constitution for the United States.
他们倾向于表明，自由的保障只在刑事案件的陪审团审判中才具有实质意义，这在制宪会议的计划中以最充分的方式得到了规定；即使在最大比例的民事案件中，以及社会大众感兴趣的案件中，这种审判模式也将按照州宪法所规定的那样充分发挥作用，不受制宪会议计划的影响；该计划在任何情况下都不会废除(3)；在美国宪法中对此做出任何精确和适当的规定，即使不是不可克服的，也存在很大的困难。
The best judges of the matter will be the least anxious for a constitutional establishment of the trial by jury in civil cases, and will be the most ready to admit that the changes which are continually happening in the affairs of society may render a different mode of determining questions of property preferable in many cases in which that mode of trial now prevails.
处理这一问题的最优秀的法官将最不担心民事案件中宪法规定陪审团审判，并且最愿意承认社会事务中不断发生的变化可能会使得在目前盛行的许多案件中采用不同的方式来确定财产问题。
For my part, I acknowledge myself to be convinced that even in this State it might be advantageously extended to some cases to which it does not at present apply, and might as advantageously be abridged in others.
就我而言，我承认自己相信，即使在这种情况下，也可以有利地将其扩展到目前不适用的某些情况，并且在其他情况下也可以有利地进行缩减。
It is conceded by all reasonable men that it ought not to obtain in all cases.
所有有理智的人都承认，并非在所有情况下都应该实现这一点。
The examples of innovations which contract its ancient limits, as well in these States as in Great Britain, afford a strong presumption that its former extent has been found inconvenient, and give room to suppose that future experience may discover the propriety and utility of other exceptions.
缩小其古老限制的创新例子，以及在这些国家和英国，提供了一个强有力的推论，即它以前的范围已被发现不方便，并为假设未来的经验可能发现其他例外的适当性和实用性提供了空间。
I suspect it to be impossible in the nature of the thing to fix the salutary point at which the operation of the institution ought to stop, and this is with me a strong argument for leaving the matter to the discretion of the legislature.
我怀疑从本质上来说，确定该机构应该停止运作的有益点是不可能的，这是我将此事留给立法机关自行决定的有力论据。
This is now clearly understood to be the case in Great Britain, and it is equally so in the State of Connecticut; and yet it may be safely affirmed that more numerous encroachments have been made upon the trial by jury in this State since the Revolution, though provided for by a positive article of our constitution, than has happened in the same time either in Connecticut or Great Britain.
现在人们清楚地认识到英国就是这种情况，康涅狄格州也是如此。然而，可以肯定的是，自革命以来，尽管我们宪法的一项积极条款规定了，但自革命以来，本州对陪审团审判的侵犯比康涅狄格州或英国同期发生的情况还要多。
It may be added that these encroachments have generally originated with the men who endeavor to persuade the people they are the warmest defenders of popular liberty, but who have rarely suffered constitutional obstacles to arrest them in a favorite career.
可以补充的是，这些侵犯通常起源于那些努力说服人民他们是人民自由的最热心捍卫者的人，但他们很少遇到宪法障碍来逮捕他们最喜欢的职业。
The truth is that the general GENIUS of a government is all that can be substantially relied upon for permanent effects.
事实是，政府的一般天才是真正可以信赖的、能够产生永久影响的唯一因素。
Particular provisions, though not altogether useless, have far less virtue and efficacy than are commonly ascribed to them; and the want of them will never be, with men of sound discernment, a decisive objection to any plan which exhibits the leading characters of a good government.
特定的规定虽然并非完全无用，但其优点和功效却远不如人们普遍认为的那样。对于具有敏锐洞察力的人来说，缺乏他们永远不会成为任何展现好政府主要特征的计划的决定性反对理由。
It certainly sounds not a little harsh and extraordinary to affirm that there is no security for liberty in a Constitution which expressly establishes the trial by jury in criminal cases, because it does not do it in civil also; while it is a notorious fact that Connecticut, which has been always regarded as the most popular State in the Union, can boast of no constitutional provision for either.
明确规定刑事案件由陪审团审判的宪法没有对自由的保障，这听起来确实有点刺耳和非同寻常，因为它在民事案件中也没有这样做；而众所周知的事实是，一直被认为是联邦最受欢迎的州的康涅狄格州却没有任何宪法条款可以夸耀。
PUBLIUS
普布利乌斯
1.
1.
It has been erroneously insinuated with regard to the court of chancery, that this court generally tries disputed facts by a jury.
关于衡平法院，有人错误地暗示该法院通常由陪审团审理有争议的事实。
The truth is, that references to a jury in that court rarely happen, and are in no case necessary but where the validity of a devise of land comes into question.
事实上，除非土地设计的有效性受到质疑，否则很少会提及该法院的陪审团，而且在任何情况下都没有必要。
2.
2.
It is true that the principles by which that relief is governed are now reduced to a regular system; but it is not the less true that they are in the main applicable to SPECIAL circumstances, which form exceptions to general rules.
确实，管理救济的原则现在已简化为常规系统；但同样重要的是，它们主要适用于特殊情况，构成一般规则的例外。
3.
3.
Vide No. 81, in which the supposition of its being abolished by the appellate jurisdiction in matters of fact being vested in the Supreme Court, is examined and refuted.
视频第 81 号，其中关于最高法院对事实问题的上诉管辖权废除该规定的假设受到审查和驳斥。
FEDERALIST No. 84
联邦党人文集 84 号
Certain General and Miscellaneous Objections to the Constitution Considered and Answered.
考虑并回答了对宪法的某些一般性和杂项反对意见。
From McLEAN's Edition, New York.
来自纽约麦克莱恩版。
Wednesday, May 28, 1788
1788 年 5 月 28 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
IN THE course of the foregoing review of the Constitution, I have taken notice of, and endeavored to answer most of the objections which have appeared against it.
在上述审查宪法的过程中，我注意到并尽力回答了针对宪法的大多数反对意见。
There, however, remain a few which either did not fall naturally under any particular head or were forgotten in their proper places.
然而，仍然有一些问题要么没有自然地归入任何特定的范畴，要么被遗忘在适当的位置。
These shall now be discussed; but as the subject has been drawn into great length, I shall so far consult brevity as to comprise all my observations on these miscellaneous points in a single paper.
现在将讨论这些；但由于这个主题已经很长了，所以到目前为止我将尽量简洁，以便将我对这些杂项的所有观察都包含在一篇论文中。
The most considerable of the remaining objections is that the plan of the convention contains no bill of rights.
剩下的反对意见中最重要的是，制宪会议的计划不包含权利法案。
Among other answers given to this, it has been upon different occasions remarked that the constitutions of several of the States are in a similar predicament.
在对此问题作出的其他回答中，有人在不同场合指出，几个州的宪法也处于类似的困境。
I add that New York is of the number.
我补充说，纽约就是其中之一。
And yet the opposers of the new system, in this State, who profess an unlimited admiration for its constitution, are among the most intemperate partisans of a bill of rights.
然而，在这个州，新制度的反对者声称对其宪法有着无限的钦佩，他们是权利法案最不节制的支持者之一。
To justify their zeal in this matter, they allege two things: one is that, though the constitution of New York has no bill of rights prefixed to it, yet it contains, in the body of it, various provisions in favor of particular privileges and rights, which, in substance amount to the same thing; the other is, that the Constitution adopts, in their full extent, the common and statute law of Great Britain, by which many other rights, not expressed in it, are equally secured.
为了证明他们在这个问题上的热情是合理的，他们提出了两件事：一是，尽管纽约宪法没有以权利法案为前缀，但它在其正文中包含了各种有利于特定特权和权利的条款，这些条款在本质上是同一件事；另一个是，《宪法》充分采纳了英国的普通法和成文法，宪法中未明确规定的许多其他权利也同样受到保障。
To the first I answer, that the Constitution proposed by the convention contains, as well as the constitution of this State, a number of such provisions.
对于第一个问题，我的回答是，大会提出的宪法以及本州的宪法都包含许多此类条款。
Independent of those which relate to the structure of the government, we find the following: Article 1, section 3, clause 7--"Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law." Section 9, of the same article, clause 2--"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." Clause 3--"No bill of attainder or ex-post-facto law shall be passed." Clause 7--"No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state." Article 3, section 2, clause 3--"The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed." Section 3, of the same article--"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.
独立于与政府结构相关的内容，我们发现以下内容：第一条第三节第七款——“弹劾案件的判决不得超过罢免公职，并取消在美国担任和享有任何荣誉、信任或利润职位的资格；但被定罪的一方应依法承担责任并受到起诉、审判、判决和惩罚。”同一条第 9 条第 2 款——“人身保护令的特权不得中止，除非在叛乱或入侵的情况下公共安全可能需要这样做。”第 3 条——“不得通过剥夺公民权法案或事后法律。”第七条——“合众国不得授予任何贵族头衔；未经国会同意，担任贵族职务或信托职务的任何人不得接受来自任何国王、王子或外国的任何礼物、报酬、职位或任何种类的头衔。”第 3 条第 2 款第 3 款——“除弹劾案件外，所有罪行的审判均应由陪审团进行；此类审判应在所述罪行发生的州进行；但如果不在任何州内发生，则应在国会依法指定的地点进行审判。”同一条第 3 节——“对美国的叛国罪仅包括对美国发动战争，或支持他们的敌人，向他们提供援助和安慰。
No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court." And clause 3, of the same section--"The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted."
任何人不得被判犯有叛国罪，除非有同一公开行为的两名证人作证，或在公开法庭上供认不讳。”同一节的第 3 条——“国会有权宣布对叛国罪的惩罚；但叛国罪剥夺者不得造成血统腐败或没收，除非被剥夺者在世。”
It may well be a question, whether these are not, upon the whole, of equal importance with any which are to be found in the constitution of this State.
很可能存在一个问题：总体而言，这些内容是否与本州宪法中的任何内容同等重要。
The establishment of the writ of habeas corpus, the prohibition of ex post facto laws, and of TITLES OF NOBILITY, to which we have no corresponding provision in our Constitution, are perhaps greater securities to liberty and republicanism than any it contains.
建立人身保护令、禁止事后法律以及贵族头衔（我们的宪法中没有相应的规定）也许比其中包含的任何内容更能保障自由和共和主义。
The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.
在事实发生后制造犯罪，或者换句话说，对那些在实施时并不违反法律的事情进行惩罚，以及任意监禁的做法，在各个时代都是暴政最喜欢和最可怕的工具。
The observations of the judicious Blackstone,(1) in reference to the latter, are well worthy of recital: "To bereave a man of life, (says he) or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government." And as a remedy for this fatal evil he is everywhere peculiarly emphatical in his encomiums on the habeas corpus act, which in one place he calls "the BULWARK of the British Constitution."(2)
明智的布莱克斯通（1）关于后者的评论非常值得一提：“（他说）在没有指控或审判的情况下，失去一个有生命的人，或者通过暴力没收他的财产，将是一种如此粗暴和臭名昭著的专制行为，必须立即向整个国家传达对暴政的警报；但是，通过秘密地把他送进监狱，让他所受的痛苦不为人知或被遗忘，从而对这个人进行监禁，是一种非常严重的行为。一个不那么公开、不那么引人注目，因此是专制政府的更危险的引擎。”作为对这一致命罪恶的补救措施，他在对人身保护令的赞扬中到处都特别强调，他在其中一处将其称为“英国宪法的堡垒”。(2)
Nothing need be said to illustrate the importance of the prohibition of titles of nobility.
无需多言就能说明禁止贵族头衔的重要性。
This may truly be denominated the corner-stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people.
这确实可以称为共和政府的基石；只要他们被排除在外，就永远不会存在政府不同于人民的政府的严重危险。
To the second that is, to the pretended establishment of the common and state law by the Constitution, I answer, that they are expressly made subject "to such alterations and provisions as the legislature shall from time to time make concerning the same." They are therefore at any moment liable to repeal by the ordinary legislative power, and of course have no constitutional sanction.
对于第二个问题，即宪法假装建立普通法和州法，我的回答是，它们明确受到“立法机关不时就同一问题作出的修改和规定的约束”。因此，它们随时都有可能被普通立法权废除，当然也不受宪法制裁。
The only use of the declaration was to recognize the ancient law and to remove doubts which might have been occasioned by the Revolution.
该宣言的唯一用途是承认古老的法律并消除革命可能引起的疑虑。
This consequently can be considered as no part of a declaration of rights, which under our constitutions must be intended as limitations of the power of the government itself.
因此，这不能被视为权利宣言的一部分，根据我们的宪法，权利宣言必须旨在限制政府本身的权力。
It has been several times truly remarked that bills of rights are, in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince.
人们已经多次真实地指出，权利法案的起源是国王与其臣民之间的规定，是为了特权而削减特权，是对不交给君主的权利的保留。
Such was MAGNA CHARTA, obtained by the barons, sword in hand, from King John.
这就是《大宪章》，由贵族们手持剑从约翰国王那里获得。
Such were the subsequent confirmations of that charter by succeeding princes.
这就是继任王子随后对该宪章的确认。
Such was the Petition of Right assented to by Charles I., in the beginning of his reign.
这就是查理一世在其统治之初所同意的权利请愿书。
Such, also, was the Declaration of Right presented by the Lords and Commons to the Prince of Orange in 1688, and afterwards thrown into the form of an act of parliament called the Bill of Rights.
这也是 1688 年上议院和下议院向奥兰治亲王提交的《权利宣言》，后来以议会法案的形式出现，称为《权利法案》。
It is evident, therefore, that, according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.
因此，很明显，根据其原始含义，它们不适用于自称建立在人民权力之上并由其直接代表和仆人执行的宪法。
Here, in strictness, the people surrender nothing; and as they retain every thing they have no need of particular reservations.
在这里，严格地说，人民不放弃任何东西；由于他们保留了一切，因此不需要特别保留。
"WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." Here is a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government.
“我们，美国人民，为了确保我们自己和我们的后代获得自由的祝福，为美利坚合众国制定并制定了这部宪法。”这是对人民权利的更好的认识，而不是在我们的几项国家权利法案中占据主要地位的大量格言，而且这些格言在道德论文中听起来比在政府宪法中听起来要好得多。
But a minute detail of particular rights is certainly far less applicable to a Constitution like that under consideration, which is merely intended to regulate the general political interests of the nation, than to a constitution which has the regulation of every species of personal and private concerns.
但是，特定权利的微小细节肯定远不适用于正在考虑的宪法，因为它仅仅旨在规范国家的总体政治利益，而不适用于规范各种个人和私人问题的宪法。
If, therefore, the loud clamors against the plan of the convention, on this score, are well founded, no epithets of reprobation will be too strong for the constitution of this State.
因此，如果在这一点上反对国民大会计划的大声喧哗是有根据的，那么对于这个州的宪法来说，任何谴责都不会太强烈。
But the truth is, that both of them contain all which, in relation to their objects, is reasonably to be desired.
但事实是，它们都包含了与其目标相关的所有合理所需的内容。
I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous.
我进一步指出，权利法案，就其所主张的意义和程度而言，在拟议的宪法中不仅是不必要的，而且甚至是危险的。
They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted.
它们将包含未授予权力的各种例外情况；正因为如此，它才可以提供一个有色彩的借口来索取比所授予的更多的东西。
For why declare that things shall not be done which there is no power to do?
为什么要宣布不许做没有权力做的事呢？
Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
例如，当没有赋予可以施加限制的权力时，为什么应该说新闻自由不应受到限制？
I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.
我不会认为这样的规定会赋予监管权力；但很明显，它会为那些想要篡夺权力的人提供一个声称拥有这种权力的合理借口。
They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government.
他们可能会以表面上的理由主张，宪法不应该因规定禁止滥用未授予的权力而受到荒谬的指控，并且反对限制新闻自由的规定提供了明确的含义，即制定有关新闻自由的适当法规的权力旨在赋予国家政府。
This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.
这可以作为通过放纵对权利法案的不明智的热情而赋予推定权力学说的众多手段的一个样本。
On the subject of the liberty of the press, as much as has been said, I cannot forbear adding a remark or two: in the first place, I observe, that there is not a syllable concerning it in the constitution of this State; in the next, I contend, that whatever has been said about it in that of any other State, amounts to nothing.
关于新闻自由的问题，正如已经说过的那样，我不能不补充一两句话：首先，我观察到，在这个国家的宪法中没有一个音节涉及它；接下来，我认为，任何其他国家对此的言论都毫无意义。
What signifies a declaration, that "the liberty of the press shall be inviolably preserved"?
“新闻自由应受到不可侵犯”的宣言意味着什么？
What is the liberty of the press?
什么是新闻自由？
Who can give it any definition which would not leave the utmost latitude for evasion?
谁能给它下一个定义，不给它留下最大的规避空间？
I hold it to be impracticable; and from this I infer, that its security, whatever fine declarations may be inserted in any constitution respecting it, must altogether depend on public opinion, and on the general spirit of the people and of the government.(3) And here, after all, as is intimated upon another occasion, must we seek for the only solid basis of all our rights.
我认为这是不切实际的；由此我推断，无论在任何宪法中如何加入有关它的美好声明，它的安全都必须完全取决于公众舆论以及人民和政府的总体精神。（3）毕竟，正如在另一个场合所暗示的那样，我们必须寻求我们所有权利的唯一坚实基础。
There remains but one other view of this matter to conclude the point.
对于这个问题，还有另一种观点可以得出结论。
The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.
事实是，在我们听到了所有的声明之后，宪法本身，从每一个理性的意义上来说，并且为了每一个有用的目的，就是一部权利法案。
The several bills of rights in Great Britain form its Constitution, and conversely the constitution of each State is its bill of rights.
英国的几项权利法案构成了其宪法，反过来说，每个州的宪法也是其权利法案。
And the proposed Constitution, if adopted, will be the bill of rights of the Union.
拟议的宪法如果获得通过，将成为联邦的权利法案。
Is it one object of a bill of rights to declare and specify the political privileges of the citizens in the structure and administration of the government?
权利法案的目标之一是宣布和明确公民在政府结构和管理中的政治特权吗？
This is done in the most ample and precise manner in the plan of the convention; comprehending various precautions for the public security, which are not to be found in any of the State constitutions.
这是在大会的计划中以最充分和最精确的方式完成的；了解任何州宪法中都没有的公共安全预防措施。
Is another object of a bill of rights to define certain immunities and modes of proceeding, which are relative to personal and private concerns?
权利法案的另一个目的是定义与个人和私人问题相关的某些豁免权和诉讼模式吗？
This we have seen has also been attended to, in a variety of cases, in the same plan.
我们看到，在同一计划中，在各种情况下也都考虑到了这一点。
Adverting therefore to the substantial meaning of a bill of rights, it is absurd to allege that it is not to be found in the work of the convention.
因此，谈到权利法案的实质意义，声称在制宪会议的工作中找不到它是荒谬的。
It may be said that it does not go far enough, though it will not be easy to make this appear; but it can with no propriety be contended that there is no such thing.
可以说，这还远远不够，尽管要做到这一点并不容易。但不能说不存在这样的事情，这是不恰当的。
It certainly must be immaterial what mode is observed as to the order of declaring the rights of the citizens, if they are to be found in any part of the instrument which establishes the government.
如果要在建立政府的文书的任何部分中找到公民权利的顺序，那么遵守何种模式当然并不重要。
And hence it must be apparent, that much of what has been said on this subject rests merely on verbal and nominal distinctions, entirely foreign from the substance of the thing.
因此，很明显，关于这个主题的大部分内容都只是基于口头和名义上的区别，与事物的实质完全无关。
Another objection which has been made, and which, from the frequency of its repetition, it is to be presumed is relied on, is of this nature: "It is improper (say the objectors) to confer such large powers, as are proposed, upon the national government, because the seat of that government must of necessity be too remote from many of the States to admit of a proper knowledge on the part of the constituent, of the conduct of the representative body." This argument, if it proves any thing, proves that there ought to be no general government whatever.
已经提出的另一个反对意见具有这种性质，从其重复的频率来看，可以推测该反对意见是有依据的：“（反对者说）向国家政府授予所提议的如此大的权力是不合适的，因为该政府所在地必然距离许多州太远，选民无法充分了解代表机构的行为。”这个论点，如果它证明了什么的话，那就证明不应该有任何广义政府。
For the powers which, it seems to be agreed on all hands, ought to be vested in the Union, cannot be safely intrusted to a body which is not under every requisite control.
因为似乎所有人都同意应该赋予联邦的权力，但不能安全地委托给一个没有受到所有必要控制的机构。
But there are satisfactory reasons to show that the objection is in reality not well founded.
但有充分的理由表明，这种反对意见实际上并没有充分的理由。
There is in most of the arguments which relate to distance a palpable illusion of the imagination.
大多数与距离有关的争论都存在明显的想象力错觉。
What are the sources of information by which the people in Montgomery County must regulate their judgment of the conduct of their representatives in the State legislature?
蒙哥马利县人民必须通过哪些信息来源来规范他们对州立法机构代表行为的判断？
Of personal observation they can have no benefit.
就个人观察而言，他们不会有任何好处。
This is confined to the citizens on the spot.
这仅限于现场的公民。
They must therefore depend on the information of intelligent men, in whom they confide; and how must these men obtain their information?
因此，他们必须依赖于他们所信任的聪明人的信息。这些人必须如何获取他们的信息？
Evidently from the complexion of public measures, from the public prints, from correspondences with their representatives, and with other persons who reside at the place of their deliberations.
从公共措施的复杂性、公共印刷品、与他们的代表以及居住在他们审议地点的其他人的通信中可以明显看出这一点。
This does not apply to Montgomery County only, but to all the counties at any considerable distance from the seat of government.
这不仅适用于蒙哥马利县，还适用于距政府所在地较远的所有县。
It is equally evident that the same sources of information would be open to the people in relation to the conduct of their representatives in the general government, and the impediments to a prompt communication which distance may be supposed to create, will be overbalanced by the effects of the vigilance of the State governments.
同样明显的是，与政府代表的行为有关的相同信息来源将向人民开放，而距离可能造成的及时沟通障碍将被州政府的警惕性所抵消。
The executive and legislative bodies of each State will be so many sentinels over the persons employed in every department of the national administration; and as it will be in their power to adopt and pursue a regular and effectual system of intelligence, they can never be at a loss to know the behavior of those who represent their constituents in the national councils, and can readily communicate the same knowledge to the people.
每个州的行政和立法机构将成为国家行政各部门雇员的哨兵；由于他们有权采用和推行定期有效的情报系统，因此他们永远不会不知所措地了解在国家议会中代表其选民的人的行为，并且可以随时向人民传达同样的知识。
Their disposition to apprise the community of whatever may prejudice its interests from another quarter, may be relied upon, if it were only from the rivalship of power.
他们向社会通报任何可能损害其他方面利益的行为的倾向是可以信赖的，只要这只是权力竞争的结果。
And we may conclude with the fullest assurance that the people, through that channel, will be better informed of the conduct of their national representatives, than they can be by any means they now possess of that of their State representatives.
最后，我们可以最充分地保证，人民将通过这一渠道更好地了解其国家代表的行为，而不是通过他们现在拥有的任何方式了解其国家代表的行为。
It ought also to be remembered that the citizens who inhabit the country at and near the seat of government will, in all questions that affect the general liberty and prosperity, have the same interest with those who are at a distance, and that they will stand ready to sound the alarm when necessary, and to point out the actors in any pernicious project.
还应该记住的是，在所有影响普遍自由和繁荣的问题上，居住在政府所在地及其附近的公民将与远方的公民有着相同的利益，他们将随时准备在必要时发出警报，并指出任何有害计划的参与者。
The public papers will be expeditious messengers of intelligence to the most remote inhabitants of the Union.
公共报纸将成为向联邦最偏远居民传达情报的快捷信使。
Among the many curious objections which have appeared against the proposed Constitution, the most extraordinary and the least colorable is derived from the want of some provision respecting the debts due to the United States.
在对拟议宪法提出的许多奇怪的反对意见中，最不寻常和最不引人注目的反对意见是由于缺少一些有关美国欠债的条款。
This has been represented as a tacit relinquishment of those debts, and as a wicked contrivance to screen public defaulters.
这被视为默认放弃这些债务，并被视为筛选公共违约者的邪恶手段。
The newspapers have teemed with the most inflammatory railings on this head; yet there is nothing clearer than that the suggestion is entirely void of foundation, the offspring of extreme ignorance or extreme dishonesty.
报纸上充斥着对这个人最具煽动性的批评。然而，最清楚的是，这个建议完全没有根据，是极端无知或极端不诚实的产物。
In addition to the remarks I have made upon the subject in another place, I shall only observe that as it is a plain dictate of common-sense, so it is also an established doctrine of political law, that "States neither lose any of their rights, nor are discharged from any of their obligations, by a change in the form of their civil government."(4)
除了我在其他地方就该主题发表的言论之外，我只想指出，由于这是常识的明确指示，因此它也是政治法的既定学说，即“国家既不会因其文官政府形式的改变而失去任何权利，也不会免除其任何义务。”（4）
The last objection of any consequence, which I at present recollect, turns upon the article of expense.
我现在记得最后一个重要的反对意见是关于费用的。
If it were even true, that the adoption of the proposed government would occasion a considerable increase of expense, it would be an objection that ought to have no weight against the plan.
如果确实如此，即拟议政府的通过将导致开支大幅增加，那么这种反对意见就不应对该计划产生影响。
The great bulk of the citizens of America are with reason convinced, that Union is the basis of their political happiness.
绝大多数美国公民有理由相信，联邦是他们政治幸福的基础。
Men of sense of all parties now, with few exceptions, agree that it cannot be preserved under the present system, nor without radical alterations; that new and extensive powers ought to be granted to the national head, and that these require a different organization of the federal government--a single body being an unsafe depositary of such ample authorities.
现在，各方有识之士，除了极少数例外，都一致认为，在现行制度下，如果不进行根本性的改变，就不能保留它。应该赋予国家元首新的、广泛的权力，而这些权力需要联邦政府的不同组织——一个单一的机构作为如此充足的权力的不安全的保管人。
In conceding all this, the question of expense must be given up; for it is impossible, with any degree of safety, to narrow the foundation upon which the system is to stand.
承认这一切，就必须放弃费用问题；因为无论安全程度如何，都不可能缩小该系统的基础。
The two branches of the legislature are, in the first instance, to consist of only sixty-five persons, which is the same number of which Congress, under the existing Confederation, may be composed.
首先，立法机关的两个分支仅由六十五人组成，这与现有联邦下国会的组成人数相同。
It is true that this number is intended to be increased; but this is to keep pace with the progress of the population and resources of the country.
确实，这个数字是有意增加的；但这是为了跟上该国人口和资源的进步。
It is evident that a less number would, even in the first instance, have been unsafe, and that a continuance of the present number would, in a more advanced stage of population, be a very inadequate representation of the people.
显然，即使在最初的情况下，较少的人数也是不安全的，而在人口的更高级阶段，继续目前的人数将不足以代表人民。
Whence is the dreaded augmentation of expense to spring?
春天可怕的开支增加从何而来？
One source indicated, is the multiplication of offices under the new government.
一位消息人士表示，新政府领导下的办公室数量增加。
Let us examine this a little.
让我们稍微检查一下。
It is evident that the principal departments of the administration under the present government, are the same which will be required under the new.
显然，现任政府的主要行政部门与新政府的要求相同。
There are now a Secretary of War, a Secretary of Foreign Affairs, a Secretary for Domestic Affairs, a Board of Treasury, consisting of three persons, a Treasurer, assistants, clerks, etc. These officers are indispensable under any system, and will suffice under the new as well as the old.
现在有战争部长、外交部长、内政部长、财政部长，由三人组成，包括财务主管、助理、职员等。这些官员在任何制度下都是不可或缺的，无论新旧制度都足够了。
As to ambassadors and other ministers and agents in foreign countries, the proposed Constitution can make no other difference than to render their characters, where they reside, more respectable, and their services more useful.
对于驻外国的大使和其他部长和代理人来说，拟议的宪法除了使他们在居住地的品格更加受人尊敬、使他们的服务更加有用之外没有什么区别。
As to persons to be employed in the collection of the revenues, it is unquestionably true that these will form a very considerable addition to the number of federal officers; but it will not follow that this will occasion an increase of public expense.
至于受雇收税的人员，毫无疑问，这些人员将大大增加联邦官员的数量；但这并不意味着这会导致公共开支的增加。
It will be in most cases nothing more than an exchange of State for national officers.
在大多数情况下，这只不过是国家官员与国家官员的交换。
In the collection of all duties, for instance, the persons employed will be wholly of the latter description.
例如，在承担所有职责时，所雇用的人员将完全属于后一种情况。
The States individually will stand in no need of any for this purpose.
为此目的，各州单独不需要任何任何东西。
What difference can it make in point of expense to pay officers of the customs appointed by the State or by the United States?
支付国家或美国任命的海关官员的费用有何不同？
There is no good reason to suppose that either the number or the salaries of the latter will be greater than those of the former.
没有充分的理由认为后者的人数或工资将高于前者。
Where then are we to seek for those additional articles of expense which are to swell the account to the enormous size that has been represented to us?
那么，我们到哪里去寻找那些额外的开支项目，以将账户扩大到我们所呈现的巨大规模呢？
The chief item which occurs to me respects the support of the judges of the United States.
我想到的首要问题是尊重美国法官的支持。
I do not add the President, because there is now a president of Congress, whose expenses may not be far, if any thing, short of those which will be incurred on account of the President of the United States.
我不加上总统，因为现在有一位国会主席，他的开支即使有的话，也不会比美国总统的开支差太多。
The support of the judges will clearly be an extra expense, but to what extent will depend on the particular plan which may be adopted in regard to this matter.
法官的支持显然将是一项额外费用，但到什么程度将取决于针对此事可能采取的具体计划。
But upon no reasonable plan can it amount to a sum which will be an object of material consequence.
但如果没有合理的计划，这笔钱就不可能达到产生重大后果的数额。
Let us now see what there is to counterbalance any extra expense that may attend the establishment of the proposed government.
现在让我们看看有哪些措施可以抵消组建拟议政府时可能产生的额外费用。
The first thing which presents itself is that a great part of the business which now keeps Congress sitting through the year will be transacted by the President.
首先出现的事情是，国会全年的大部分事务将由总统处理。
Even the management of foreign negotiations will naturally devolve upon him, according to general principles concerted with the Senate, and subject to their final concurrence.
甚至对外谈判的管理权也自然会移交给他，根据与参议院一致的一般原则，并得到他们的最终同意。
Hence it is evident that a portion of the year will suffice for the session of both the Senate and the House of Representatives; we may suppose about a fourth for the latter and a third, or perhaps half, for the former.
因此，显然一年中的一部分时间足以召开参议院和众议院的会议；我们可以假设后者有四分之一，而前者则有三分之一或一半。
The extra business of treaties and appointments may give this extra occupation to the Senate.
条约和任命的额外事务可能会给参议院带来额外的职责。
From this circumstance we may infer that, until the House of Representatives shall be increased greatly beyond its present number, there will be a considerable saving of expense from the difference between the constant session of the present and the temporary session of the future Congress.
由此我们可以推断，在众议院人数较目前大幅增加之前，本届国会常会与未来国会临时会期之间的差额将节省相当大的开支。
But there is another circumstance of great importance in the view of economy.
但从经济角度来看，还有一个非常重要的情况。
The business of the United States has hitherto occupied the State legislatures, as well as Congress.
迄今为止，美国的事务一直占据着各州立法机构以及国会。
The latter has made requisitions which the former have had to provide for.
后者提出了前者必须提供的请购单。
Hence it has happened that the sessions of the State legislatures have been protracted greatly beyond what was necessary for the execution of the mere local business of the States.
因此，州立法机关的会议时间大大超出了执行州地方事务所需的时间。
More than half their time has been frequently employed in matters which related to the United States.
他们一半以上的时间经常被用来处理与美国有关的事务。
Now the members who compose the legislatures of the several States amount to two thousand and upwards, which number has hitherto performed what under the new system will be done in the first instance by sixty-five persons, and probably at no future period by above a fourth or fifth of that number.
现在，组成几个州立法机构的成员已达两千多人，迄今为止，这个数字已经完成了新制度下首先由六十五人完成的工作，并且在未来的任何时期可能不会超过这一数字的四分之一或五分之一。
The Congress under the proposed government will do all the business of the United States themselves, without the intervention of the State legislatures, who thenceforth will have only to attend to the affairs of their particular States, and will not have to sit in any proportion as long as they have heretofore done.
拟议政府领导下的国会将自行处理美国的所有事务，无需州立法机构的干预，从此以后，州立法机构只需处理其特定州的事务，而不必像以前那样以任何比例出席。
This difference in the time of the sessions of the State legislatures will be clear gain, and will alone form an article of saving, which may be regarded as an equivalent for any additional objects of expense that may be occasioned by the adoption of the new system.
州立法机构开会时间的这种差异将是明显的收益，并且将单独形成一项节省条款，该条款可被视为与采用新制度可能引起的任何额外支出对象的等效项。
The result from these observations is that the sources of additional expense from the establishment of the proposed Constitution are much fewer than may have been imagined; that they are counterbalanced by considerable objects of saving; and that while it is questionable on which side the scale will preponderate, it is certain that a government less expensive would be incompetent to the purposes of the Union.
这些观察的结果是，制定拟议宪法所产生的额外开支来源比想象的要少得多；它们被相当大的储蓄目标所抵消；尽管规模上哪一方占主导地位尚存疑问，但可以肯定的是，一个成本较低的政府将无能力实现欧盟的目标。
PUBLIUS
普布利乌斯
1.
1.
Vide Blackstone's Commentaries, Vol. 1, p.
参见 Blackstone 的评论，卷。 1，p。
136.
136.
2.
2.
Idem, Vol. 4, p.
同上，卷。 4，p。
438.
438.
3.
3.
To show that there is a power in the Constitution by which the liberty of the press may be affected, recourse has been had to the power of taxation.
为了表明宪法中存在一项可能影响新闻自由的权力，我们不得不求助于税收权力。
It is said that duties may be laid upon the publications so high as to amount to a prohibition.
据说，对这些出版物征收的关税可能会达到禁止的程度。
I know not by what logic it could be maintained, that the declarations in the State constitutions, in favor of the freedom of the press, would be a constitutional impediment to the imposition of duties upon publications by the State legislatures.
我不知道按照什么逻辑可以坚持认为，州宪法中支持新闻自由的声明将成为州立法机关对出版物征收义务的宪法障碍。
It cannot certainly be pretended that any degree of duties, however low, would be an abridgment of the liberty of the press.
当然不能假装任何程度的义务，无论多么低，都会限制新闻自由。
We know that newspapers are taxed in Great Britain, and yet it is notorious that the press nowhere enjoys greater liberty than in that country.
我们知道英国的报纸要征税，但众所周知，没有哪个国家的媒体享有比英国更大的自由。
And if duties of any kind may be laid without a violation of that liberty, it is evident that the extent must depend on legislative discretion, respecting the liberty of the press, will give it no greater security than it will have without them.
如果可以在不侵犯新闻自由的情况下规定任何种类的义务，那么显然，其程度必须取决于立法自由裁量权，尊重新闻自由，不会给新闻界带来比没有这些自由更大的安全。
The same invasions of it may be effected under the State constitutions which contain those declarations through the means of taxation, as under the proposed Constitution, which has nothing of the kind.
对它的同样的侵犯可能会在载有通过税收手段作出的这些声明的州宪法中实现，就像在拟议的宪法中一样，而拟议的宪法根本没有这样的内容。
It would be quite as significant to declare that government ought to be free, that taxes ought not to be excessive, etc., as that the liberty of the press ought not to be restrained.
宣布政府应该自由、税收不应该过多等等，与新闻自由不应该受到限制一样重要。
4.
4.
Vide Rutherford's Institutes, Vol. 2, Book II, Chapter X, Sections XIV and XV.
韦德·卢瑟福研究所，卷。 2，第二卷，第十章，第十四节和第十五节。
Vide also Grotius, Book II, Chapter IX, Sections VIII and IX.
参见格劳秀斯，第二册，第九章，第八节和第九节。
FEDERALIST No. 85
联邦党人文集 85 号
Concluding Remarks
结束语
From MCLEAN's Edition, New York.
来自纽约 MCLEAN 版。
Wednesday, May 28, 1788
1788 年 5 月 28 日星期三
HAMILTON
汉密尔顿
To the People of the State of New York:
致纽约州人民：
ACCORDING to the formal division of the subject of these papers, announced in my first number, there would appear still to remain for discussion two points: "the analogy of the proposed government to your own State constitution," and "the additional security which its adoption will afford to republican government, to liberty, and to property." But these heads have been so fully anticipated and exhausted in the progress of the work, that it would now scarcely be possible to do any thing more than repeat, in a more dilated form, what has been heretofore said, which the advanced stage of the question, and the time already spent upon it, conspire to forbid.
根据我在第一期中宣布的这些文件主题的正式划分，似乎仍有两点需要讨论：“拟议政府与你们自己的州宪法的类比”和“它的通过将为共和政府、自由和财产提供额外的安全”。但是，这些头脑在工作的进展中已经被充分预料到了，而且已经筋疲力尽，所以现在除了以更详尽的形式重复之前已经说过的话之外，几乎不可能做任何事情，而问题的高级阶段和已经花在这个问题上的时间共同禁止了。
It is remarkable, that the resemblance of the plan of the convention to the act which organizes the government of this State holds, not less with regard to many of the supposed defects, than to the real excellences of the former.
值得注意的是，制宪会议的计划与组织本州政府的法案非常相似，不仅存在许多所谓的缺陷，而且前者也有真正的优点。
Among the pretended defects are the re-eligibility of the Executive, the want of a council, the omission of a formal bill of rights, the omission of a provision respecting the liberty of the press.
假装的缺陷包括行政机关的重新资格、缺乏理事会、遗漏正式的权利法案、遗漏尊重新闻自由的条款。
These and several others which have been noted in the course of our inquiries are as much chargeable on the existing constitution of this State, as on the one proposed for the Union; and a man must have slender pretensions to consistency, who can rail at the latter for imperfections which he finds no difficulty in excusing in the former.
这些以及我们在调查过程中注意到的其他几项内容对本州现行宪法和联邦拟议宪法同样负有责任；一个人必须对一致性有轻微的自负，他可以抱怨后者的不完美，而他发现前者的不完美可以毫不费力地原谅。
Nor indeed can there be a better proof of the insincerity and affectation of some of the zealous adversaries of the plan of the convention among us, who profess to be the devoted admirers of the government under which they live, than the fury with which they have attacked that plan, for matters in regard to which our own constitution is equally or perhaps more vulnerable.
事实上，对于我们中间的一些国民公会计划的热心反对者来说，他们的不真诚和矫揉造作，他们自称是他们所生活的政府的忠实崇拜者，而他们对我们自己的宪法同样或可能更脆弱的问题，猛烈地攻击该计划，却是最能证明他们的不真诚和矫揉造作的。
The additional securities to republican government, to liberty and to property, to be derived from the adoption of the plan under consideration, consist chiefly in the restraints which the preservation of the Union will impose on local factions and insurrections, and on the ambition of powerful individuals in single States, who may acquire credit and influence enough, from leaders and favorites, to become the despots of the people; in the diminution of the opportunities to foreign intrigue, which the dissolution of the Confederacy would invite and facilitate; in the prevention of extensive military establishments, which could not fail to grow out of wars between the States in a disunited situation; in the express guaranty of a republican form of government to each; in the absolute and universal exclusion of titles of nobility; and in the precautions against the repetition of those practices on the part of the State governments which have undermined the foundations of property and credit, have planted mutual distrust in the breasts of all classes of citizens, and have occasioned an almost universal prostration of morals.
通过正在考虑的计划，对共和政府、自由和财产的额外保障，主要在于，保存联邦将对地方派别和叛乱以及单个国家中有权有势的个人的野心施加限制，这些人可能从领导人和宠臣那里获得足够的信用和影响力，成为人民的暴君；减少外国阴谋的机会，而邦联的解体将引发和促进这种阴谋；防止大规模军事设施的建立，这种军事设施不可能不因分裂国家之间的战争而产生；明确保证每个国家都有共和政体；绝对和普遍排除贵族头衔；州政府为了防止重蹈覆辙，破坏了财产和信用的基础，在各阶层公民心中植入了相互不信任，并引起了几乎普遍的道德败坏。
Thus have I, fellow-citizens, executed the task I had assigned to myself; with what success, your conduct must determine.
同胞们，我就这样完成了分配给自己的任务；能否成功，取决于你的行为。
I trust at least you will admit that I have not failed in the assurance I gave you respecting the spirit with which my endeavors should be conducted.
我相信至少你会承认，我向你保证，我并没有辜负我的努力应该遵循的精神。
I have addressed myself purely to your judgments, and have studiously avoided those asperities which are too apt to disgrace political disputants of all parties, and which have been not a little provoked by the language and conduct of the opponents of the Constitution.
我完全听从了你们的判断，并刻意避免了那些很容易让各党派的政治争论者蒙羞的粗暴行为，并且这些行为在很大程度上是由宪法反对者的语言和行为所激怒的。
The charge of a conspiracy against the liberties of the people, which has been indiscriminately brought against the advocates of the plan, has something in it too wanton and too malignant, not to excite the indignation of every man who feels in his own bosom a refutation of the calumny.
不分青红皂白地针对这一计划的倡导者提出的阴谋侵犯人民自由的指控，其内容过于肆意、过于恶毒，以至于不会激起每一个内心对诽谤感到反驳的人的愤慨。
The perpetual changes which have been rung upon the wealthy, the well-born, and the great, have been such as to inspire the disgust of all sensible men.
那些发生在富人、出身名门和伟人身上的永久变化，引起了所有明智之人的厌恶。
And the unwarrantable concealments and misrepresentations which have been in various ways practiced to keep the truth from the public eye, have been of a nature to demand the reprobation of all honest men.
为了不让公众看到真相，人们以各种方式进行了无理的隐瞒和歪曲，这自然会要求所有诚实的人予以谴责。
It is not impossible that these circumstances may have occasionally betrayed me into intemperances of expression which I did not intend; it is certain that I have frequently felt a struggle between sensibility and moderation; and if the former has in some instances prevailed, it must be my excuse that it has been neither often nor much.
并非不可能的是，这些情况有时会出卖我，使我无意中表达失控。可以肯定的是，我经常感到感性与节制之间的斗争。如果前者在某些情况下占了上风，那一定是我的借口，因为这种情况既不常见也不严重。
Let us now pause and ask ourselves whether, in the course of these papers, the proposed Constitution has not been satisfactorily vindicated from the aspersions thrown upon it; and whether it has not been shown to be worthy of the public approbation, and necessary to the public safety and prosperity.
现在让我们停下来问问自己，在撰写这些文件的过程中，拟议的宪法是否还没有从对它的诽谤中得到令人满意的证实？以及它是否未被证明值得公众认可，以及对公共安全和繁荣所必需的。
Every man is bound to answer these questions to himself, according to the best of his conscience and understanding, and to act agreeably to the genuine and sober dictates of his judgment.
每个人都必须根据自己的良心和理解来回答自己的这些问题，并按照自己真实而清醒的判断行事。
This is a duty from which nothing can give him a dispensation.
这是他无法免除的义务。
'T is one that he is called upon, nay, constrained by all the obligations that form the bands of society, to discharge sincerely and honestly.
他被要求，不，是受到构成社会的所有义务的约束，真诚而诚实地履行这一义务。
No partial motive, no particular interest, no pride of opinion, no temporary passion or prejudice, will justify to himself, to his country, or to his posterity, an improper election of the part he is to act.
任何片面的动机、任何特殊的利益、任何傲慢的意见、任何暂时的激情或偏见，都不能为他本人、他的国家或他的子孙后代证明他所扮演的角色的不当选择。
Let him beware of an obstinate adherence to party; let him reflect that the object upon which he is to decide is not a particular interest of the community, but the very existence of the nation; and let him remember that a majority of America has already given its sanction to the plan which he is to approve or reject.
让他提防顽固地追随党派；让他反思一下，他做出决定的目标不是社会的特定利益，而是国家的存在；让他记住，美国大多数人已经批准了他将批准或拒绝的计划。
I shall not dissemble that I feel an entire confidence in the arguments which recommend the proposed system to your adoption, and that I am unable to discern any real force in those by which it has been opposed.
我不会掩饰，我对推荐您采用拟议制度的论点充满信心，而且我无法辨别反对该制度的人中有任何真正的力量。
I am persuaded that it is the best which our political situation, habits, and opinions will admit, and superior to any the revolution has produced.
我相信这是我们的政治形势、习惯和观点所承认的最好的，并且优于革命所产生的任何结果。
Concessions on the part of the friends of the plan, that it has not a claim to absolute perfection, have afforded matter of no small triumph to its enemies.
该计划的支持者做出的让步，即该计划并不要求绝对完美，这给其敌人带来了不小的胜利。
"Why," say they, "should we adopt an imperfect thing?
“为什么，”他们说，“我们应该采用一个不完美的东西？
Why not amend it and make it perfect before it is irrevocably established?" This may be plausible enough, but it is only plausible.
为什么不在它不可撤销地确立之前修改它并使其完善呢？”这或许足够合理，但也仅仅是合理而已。
In the first place I remark, that the extent of these concessions has been greatly exaggerated.
首先我要指出的是，这些让步的程度被大大夸大了。
They have been stated as amounting to an admission that the plan is radically defective, and that without material alterations the rights and the interests of the community cannot be safely confided to it.
他们被认为相当于承认该计划存在根本缺陷，如果不进行实质性修改，就不能安全地将社区的权利和利益托付给该计划。
This, as far as I have understood the meaning of those who make the concessions, is an entire perversion of their sense.
据我了解那些做出让步的人的意思，这完全是对他们意义的曲解。
No advocate of the measure can be found, who will not declare as his sentiment, that the system, though it may not be perfect in every part, is, upon the whole, a good one; is the best that the present views and circumstances of the country will permit; and is such an one as promises every species of security which a reasonable people can desire.
没有一个支持这一措施的人不会宣称自己的观点，即该制度虽然可能并非在每个方面都是完美的，但总的来说是一个好的制度；是该国目前的观点和情况所允许的最好的结果；它承诺提供理性人民所渴望的各种安全。
I answer in the next place, that I should esteem it the extreme of imprudence to prolong the precarious state of our national affairs, and to expose the Union to the jeopardy of successive experiments, in the chimerical pursuit of a perfect plan.
接下来我的回答是，我认为，在空想地追求完美计划的过程中，延长我们国家事务的不稳定状态，并使联邦面临连续实验的危险，是极其轻率的。
I never expect to see a perfect work from imperfect man.
我从没想过会看到不完美的人创作出完美的作品。
The result of the deliberations of all collective bodies must necessarily be a compound, as well of the errors and prejudices, as of the good sense and wisdom, of the individuals of whom they are composed.
所有集体团体审议的结果必然是其组成部分的个人的错误和偏见以及良好的判断力和智慧的综合体。
The compacts which are to embrace thirteen distinct States in a common bond of amity and union, must as necessarily be a compromise of as many dissimilar interests and inclinations.
将十三个不同国家纳入友好和联盟的共同纽带的契约必然是对尽可能多的不同利益和倾向的妥协。
How can perfection spring from such materials?
这样的材料怎么能产生完美呢？
The reasons assigned in an excellent little pamphlet lately published in this city,(1) are unanswerable to show the utter improbability of assembling a new convention, under circumstances in any degree so favorable to a happy issue, as those in which the late convention met, deliberated, and concluded.
最近在这座城市出版的一本出色的小册子中给出的理由，（1）无法回答地表明，在任何程度的有利于解决问题的情况下，召开新的大会是完全不可能的，就像最近召开的大会召开、审议和结束的情况一样。
I will not repeat the arguments there used, as I presume the production itself has had an extensive circulation.
我不会重复那里使用的论点，因为我认为该作品本身已经广泛流通。
It is certainly well worthy the perusal of every friend to his country.
这当然值得每一个祖国的朋友细读。
There is, however, one point of light in which the subject of amendments still remains to be considered, and in which it has not yet been exhibited to public view.
然而，有一个亮点是修正案的主题仍有待考虑，而且尚未向公众展示。
I cannot resolve to conclude without first taking a survey of it in this aspect.
如果不先从这方面进行调查，我就无法下定论。
It appears to me susceptible of absolute demonstration, that it will be far more easy to obtain subsequent than previous amendments to the Constitution.
在我看来，可以绝对地证明，获得后续的宪法修正案将比之前的宪法修正案容易得多。
The moment an alteration is made in the present plan, it becomes, to the purpose of adoption, a new one, and must undergo a new decision of each State.
当前计划一经修改，为了通过的目的，它就成为一个新的计划，并且必须经过每个国家的新决定。
To its complete establishment throughout the Union, it will therefore require the concurrence of thirteen States.
因此，要在整个联盟内彻底建立它，需要得到十三个国家的同意。
If, on the contrary, the Constitution proposed should once be ratified by all the States as it stands, alterations in it may at any time be effected by nine States.
相反，如果拟议的宪法应立即获得所有州的批准，则九个州可以随时对其进行修改。
Here, then, the chances are as thirteen to nine(2) in favor of subsequent amendment, rather than of the original adoption of an entire system.
那么，在这里，有十三到九（2）个机会支持随后的修订，而不是最初采用整个系统。
This is not all.
这还不是全部。
Every Constitution for the United States must inevitably consist of a great variety of particulars, in which thirteen independent States are to be accommodated in their interests or opinions of interest.
美国的每部宪法都不可避免地包含各种各样的细节，其中要考虑到十三个独立州的利益或利益观点。
We may of course expect to see, in any body of men charged with its original formation, very different combinations of the parts upon different points.
我们当然可以期望看到，在任何负责其原始形成的人中，不同点上的各部分的组合非常不同。
Many of those who form a majority on one question, may become the minority on a second, and an association dissimilar to either may constitute the majority on a third.
许多在一个问题上形成多数派的人可能会在第二个问题上成为少数派，而与任一问题不同的协会可能会在第三个问题上成为多数派。
Hence the necessity of moulding and arranging all the particulars which are to compose the whole, in such a manner as to satisfy all the parties to the compact; and hence, also, an immense multiplication of difficulties and casualties in obtaining the collective assent to a final act.
因此，有必要塑造和安排组成整体的所有细节，以满足契约的所有各方的要求；因此，在获得对最后行动的集体同意方面，困难和伤亡也成倍增加。
The degree of that multiplication must evidently be in a ratio to the number of particulars and the number of parties.
显然，这种倍增的程度必须与细节的数量和当事人的数量成比例。
But every amendment to the Constitution, if once established, would be a single proposition, and might be brought forward singly.
但宪法的每一项修正案一旦成立，都将是一个单一的提案，并且可以单独提出。
There would then be no necessity for management or compromise, in relation to any other point--no giving nor taking.
这样就没有必要在任何其他方面进行管理或妥协——不给予也不索取。
The will of the requisite number would at once bring the matter to a decisive issue.
必要人数的意愿将立即使问题成为决定性的问题。
And consequently, whenever nine, or rather ten States, were united in the desire of a particular amendment, that amendment must infallibly take place.
因此，每当九个，或者更确切地说是十个州联合起来要求一项特定修正案时，该修正案就必须准确无误地进行。
There can, therefore, be no comparison between the facility of affecting an amendment, and that of establishing in the first instance a complete Constitution.
因此，影响修正案的便利性与首先制定一部完整宪法的便利性是无法比较的。
In opposition to the probability of subsequent amendments, it has been urged that the persons delegated to the administration of the national government will always be disinclined to yield up any portion of the authority of which they were once possessed.
反对随后进行修正案的可能性，有人敦促被委托负责中央政府管理的人员始终不愿放弃他们曾经拥有的任何部分权力。
For my own part I acknowledge a thorough conviction that any amendments which may, upon mature consideration, be thought useful, will be applicable to the organization of the government, not to the mass of its powers; and on this account alone, I think there is no weight in the observation just stated.
就我个人而言，我坚信任何经过成熟考虑后可能被认为有用的修正案都将适用于政府的组织，而不是其权力的整体；仅就这一点而言，我认为刚才所说的观察没有任何分量。
I also think there is little weight in it on another account.
我还认为在另一个方面它没有什么分量。
The intrinsic difficulty of governing THIRTEEN STATES at any rate, independent of calculations upon an ordinary degree of public spirit and integrity, will, in my opinion constantly impose on the national rulers the necessity of a spirit of accommodation to the reasonable expectations of their constituents.
无论如何，不管对一般程度的公共精神和诚信的计算如何，治理十三个州的内在困难，在我看来，将不断地强加给国家统治者一种适应其选民的合理期望的精神。
But there is yet a further consideration, which proves beyond the possibility of a doubt, that the observation is futile.
但还有进一步的考虑，毫无疑问地证明，观察是徒劳的。
It is this that the national rulers, whenever nine States concur, will have no option upon the subject.
正因如此，只要九个国家同意，国家统治者就在这个问题上别无选择。
By the fifth article of the plan, the Congress will be obliged "on the application of the legislatures of two thirds of the States (which at present amount to nine), to call a convention for proposing amendments, which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three fourths of the States, or by conventions in three fourths thereof." The words of this article are peremptory.
根据该计划的第五条，国会将有义务“根据三分之二州的立法机构（目前为九个）的申请，召集一项提出修正案的公约，该修正案在得到四分之三州的立法机构或四分之三的州的大会批准后，作为宪法的一部分，在所有意图和目的上都有效”。这篇文章的话是强制性的。
The Congress "shall call a convention." Nothing in this particular is left to the discretion of that body.
国会“应召开一次大会”。这方面的任何事情都没有留给该机构自行决定。
And of consequence, all the declamation about the disinclination to a change vanishes in air.
结果，所有关于不愿变革的言论都消失在空气中。
Nor however difficult it may be supposed to unite two thirds or three fourths of the State legislatures, in amendments which may affect local interests, can there be any room to apprehend any such difficulty in a union on points which are merely relative to the general liberty or security of the people.
无论在可能影响地方利益的修正案中团结三分之二或四分之三的州立法机关有多困难，在仅仅与人民的普遍自由或安全有关的问题上，没有任何余地可以理解联盟中的任何此类困难。
We may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority.
我们可以放心地依靠州立法机构的处置来设置障碍，以防止国家当局的侵犯。
If the foregoing argument is a fallacy, certain it is that I am myself deceived by it, for it is, in my conception, one of those rare instances in which a political truth can be brought to the test of a mathematical demonstration.
如果上述论点是一个谬论，那么我自己肯定被它欺骗了，因为在我看来，这是政治真理可以通过数学论证来检验的罕见例子之一。
Those who see the matter in the same light with me, however zealous they may be for amendments, must agree in the propriety of a previous adoption, as the most direct road to their own object.
那些与我持同样观点的人，无论他们多么热衷于修正案，都必须同意先前通过的适当性，因为这是实现他们自己的目标的最直接途径。
The zeal for attempts to amend, prior to the establishment of the Constitution, must abate in every man who is ready to accede to the truth of the following observations of a writer equally solid and ingenious: "To balance a large state or society (says he), whether monarchical or republican, on general laws, is a work of so great difficulty, that no human genius, however comprehensive, is able, by the mere dint of reason and reflection, to effect it.
在制定宪法之前，每一个愿意接受一位同样扎实而巧妙的作家的以下观察真理的人，都必须减弱对修改宪法的热情：“要在一般法律上平衡一个大的国家或社会（他说），无论是君主制还是共和制，是一项非常困难的工作，以至于任何人类天才，无论多么全面，都无法仅凭借理性和反思来实现这一目标。
The judgments of many must unite in the work; EXPERIENCE must guide their labor; TIME must bring it to perfection, and the FEELING of inconveniences must correct the mistakes which they inevitably fall into in their first trials and experiments."(3) These judicious reflections contain a lesson of moderation to all the sincere lovers of the Union, and ought to put them upon their guard against hazarding anarchy, civil war, a perpetual alienation of the States from each other, and perhaps the military despotism of a victorious demagogue, in the pursuit of what they are not likely to obtain, but from TIME and EXPERIENCE.
工作中必须团结许多人的判断；经验必须指导他们的劳动；时间必须使它变得完美，而对不便的感觉必须纠正他们在第一次尝试和实验中不可避免地陷入的错误。”（3）这些明智的反思为所有真诚的联邦爱好者提供了节制的教训，并应该让他们警惕无政府状态、内战、各州之间永久疏远的危险，以及胜利的煽动者的军事专制，以追求他们的目标。不可能获得，而是通过时间和经验获得。
It may be in me a defect of political fortitude, but I acknowledge that I cannot entertain an equal tranquillity with those who affect to treat the dangers of a longer continuance in our present situation as imaginary.
这可能是我在政治上的毅力的缺陷，但我承认，我无法与那些假装将我们目前的局势长期持续下去的危险视为想象的人保持同样的平静。
A NATION, without a NATIONAL GOVERNMENT, is, in my view, an awful spectacle.
在我看来，一个没有国家政府的国家是一个可怕的景象。
The establishment of a Constitution, in time of profound peace, by the voluntary consent of a whole people, is a PRODIGY, to the completion of which I look forward with trembling anxiety.
在极度和平时期，经全体人民自愿同意制定一部宪法，是一个奇迹，我怀着战栗的焦虑期待着它的完成。
I can reconcile it to no rules of prudence to let go the hold we now have, in so arduous an enterprise, upon seven out of the thirteen States, and after having passed over so considerable a part of the ground, to recommence the course.
我无法调和任何谨慎的规则，因为我们在如此艰巨的事业中放弃了对十三个州中的七个州的控制，并在越过如此大的一部分土地后重新开始这一进程。
I dread the more the consequences of new attempts, because I know that POWERFUL INDIVIDUALS, in this and in other States, are enemies to a general national government in every possible shape.
我更害怕新尝试的后果，因为我知道，无论在这个州还是在其他州，有权有势的个人在任何可能的形式上都是全国政府的敌人。
PUBLIUS
普布利乌斯
1.
1.
Entitled "An Address to the People of the State of New York."
题为“致纽约州人民的演讲”。
2.
2.
It may rather be said TEN, for though two thirds may set on foot the measure, three fourths must ratify.
更确切地说，可以说是“十”，因为尽管三分之二的人可能会采取行动，但四分之三的人必须批准。
3.
3.
Hume's Essays, Vol. I, p.
休谟的散文，卷。我，p。
128: "The Rise of Arts and Sciences."
128：“艺术与科学的崛起。”