Dred Scott v. Sandford (1857)

Citation: Judgment in the U.S. Supreme Court Case Dred Scott v.

引用：美国最高法院德雷德·斯科特诉美国最高法院案件的判决

John F.

约翰·F.

A.

A.

Sandford ; 3/6/1857; Dred Scott, Plaintiff in Error , v.

桑福德； 1857 年 3 月 6 日；德雷德·斯科特 (Dred Scott)，错误原告，诉。

John F.

约翰·F.

A.

A.

Sandford ; Appellate Jurisdiction Case Files, 1792 - 2010; Records of the Supreme Court of the United States, Record Group 267; National Archives Building, Washington, DC.

桑福德；上诉管辖区案件档案，1792 年至 2010 年；美国最高法院记录，Record Group 267；国家档案馆，华盛顿特区。

View All Pages in National Archives Catalog

查看国家档案馆目录中的所有页面

In this ruling, the U.S. Supreme Court stated that enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts.

在这项裁决中，美国最高法院表示，被奴役的人不是美国公民，因此不能指望联邦政府或法院提供任何保护。

The opinion also stated that Congress had no authority to ban slavery from a Federal territory.

该意见还指出，国会无权禁止联邦领土上的奴隶制。

In 1846, an enslaved Black man named Dred Scott and his wife, Harriet, sued for their freedom in St. Louis Circuit Court.

1846 年，一位名叫德雷德·斯科特 (Dred Scott) 的黑人奴隶和他的妻子哈丽特 (Harriet) 在圣路易斯巡回法院提起诉讼，要求获得自由。

They claimed that they were free due to their residence in a free territory where slavery was prohibited.

他们声称自己是自由的，因为他们居住在禁止奴隶制的自由领土上。

The odds were in their favor.

胜算对他们有利。

They had lived with their enslaver, an army surgeon, at Fort Snelling, then in the free Territory of Wisconsin.

他们与奴隶主、一名军医一起住在斯内林堡，当时是威斯康星州的自由领地。

The Scotts' freedom could be established on the grounds that they had been held in bondage for extended periods in a free territory and were then returned to a slave state.

斯科特人的自由可以建立在他们在自由领土上被长期奴役然后又被送回奴隶州的基础上。

Courts had ruled this way in the past.

法院过去曾这样裁决过。

However, what appeared to be a straightforward lawsuit between two private parties became an 11-year legal struggle that culminated in one of the most notorious decisions ever issued by the United States Supreme Court.

然而，两个私人当事人之间看似简单的诉讼却演变成了一场长达 11 年的法律斗争，最终导致美国最高法院做出了有史以来最臭名昭著的判决之一。

Scott lost his case, which worked its way through the Missouri state courts; he then filed a new federal suit which ultimately reached the Supreme Court.

斯科特输掉了官司，并在密苏里州法院审理完毕。随后，他提起了一项新的联邦诉讼，最终上诉至最高法院。

On its way to the Supreme Court, the Dred Scott case grew in scope and significance as slavery became the single most explosive issue in American politics.

在向最高法院提起诉讼的过程中，随着奴隶制成为美国政治中最具爆炸性的问题，德雷德·斯科特案的范围和重要性不断扩大。

By the time the case reached the high court, it had come to have enormous political implications for the entire nation.

当案件到达高等法院时，它已经对整个国家产生了巨大的政治影响。

On March 6, 1857, Chief Justice Roger B.

1857 年 3 月 6 日，首席大法官罗杰·B.

Taney read the majority opinion of the Court, which stated that enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts.

坦尼宣读了法院的多数意见，其中指出被奴役的人不是美国公民，因此不能指望联邦政府或法院提供任何保护。

The opinion also stated that Congress had no authority to ban slavery from a federal territory.

该意见还指出，国会无权禁止联邦领土上的奴隶制。

This decision moved the nation a step closer to the Civil War.

这一决定使国家离内战又近了一步。

The decision of Scott v.

斯科特诉美国案的判决

Sandford , considered by many legal scholars to be the worst ever rendered by the Supreme Court, was overturned by the 13th and 14th amendments to the Constitution, which abolished slavery and declared all persons born in the United States to be citizens of the United States.

被许多法律学者认为是最高法院有史以来最糟糕的判决的桑福德案，被宪法第十三和十四修正案推翻，废除了奴隶制，并宣布所有在美国出生的人都是美国公民。

This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.

该文档可在 DocsTeach 上找到，这是一个使用国家档案馆文档进行教学的在线工具。

Find teaching activities that incorporate this document, or create your own online activity .

查找包含本文档的教学活动，或创建您自己的在线活动。

Dred Scott, Plaintiff In Error , v.

德雷德·斯科特，《错误原告》，诉。

John F.

约翰·F.

A.

A.

Sandford.

桑福德。

This case was brought up, by writ of error, from the Circuit Court of the United States for the district of Missouri.

此案是通过错误令状向美国密苏里州地区巡回法院提出的。

It was an action of trespass vi et armis instituted in the Circuit Court by Scott against Sandford.

这是斯科特在巡回法院对桑福德提起的非法侵入诉讼。

Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in his favor.

在提起本诉讼之前，斯科特向圣路易斯县巡回法院（州法院）提起诉讼，要求获得自由，该法院做出了对他有利的判决和判决。

On a writ of error to the Supreme Court of the State, the judgment below was reversed, and the case remanded to the Circuit Court, where it was constituted to await the decision of the case now in question.

根据向州最高法院发出的错误令状，推翻了以下判决，并将该案发回巡回法院重审，在那里等待本案的裁决。

The declaration of Scott contained three counts: one, that Sandford had assaulted the plaintiff; one that he had assaulted Harriet Scott, his wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his children.

斯科特的声明包含三项罪名：一是桑福德袭击了原告；二是桑福德袭击了原告。其中一项是他袭击了他的妻子哈丽特·斯科特（Harriet Scott）；一是他袭击了他的孩子伊丽莎·斯科特和莉齐·斯科特。

Sandford appeared, and filed the following plea:

桑福德出庭，并提出以下请求：

Dred Scott v.

德雷德·斯科特诉。

John F.

约翰·F.

A.

A.

Sandford .

桑福德.

Plea to the Jurisdiction of the Court.

向法院的管辖权提出抗辩。

And the said John F.

还有所说的约翰·F.

A.

A.

Sandford, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action aforesaid, because he says that said cause of action, and each and every of them, (if any such have accrued to the said Dred Scott,) accrued to the said Dred Scott out of the jurisdiction of this court, and exclusively within the jurisdiction of the courts of the State of Missouri, for that, to wit; the said plaintiff, Dred Scott, is not a citizen of the State of Missouri, as alleged in his declaration, because he is a negro of African descent; his ancestors were of pure African blood, and were brought into this country and sold as negro slaves, and this the said Sandford is ready to verify.

桑德福德以他本人的身份出庭，表示本法院不应该对上述诉讼进行进一步审理，因为他说，上述诉讼理由以及每一项诉讼理由（如果上述德雷德·斯科特有任何此类诉讼）均不属于本法院的管辖范围，而完全属于密苏里州法院的管辖范围，因此，即；上述原告 Dred Scott 并非如其声明中所称的密苏里州公民，因为他是非洲裔黑人；他的祖先有纯正的非洲血统，被带入这个国家并作为黑人奴隶出售，桑福德已经准备好核实这一点。

Wherefore he prays judgment whether this court can or will take farther cognizance of the action aforesaid.

因此，请求法院对上述诉讼是否能够或者是否会进一步予以审理。

To this plea there was a demurrer in the usual form, which was argued in April, 1854, when the court gave judgment that the demurrer should be sustained.

对于这一抗辩，有一个通常形式的抗辩，并于 1854 年 4 月进行了辩论，当时法院判决应维持该抗辩。

In May, 1854, the defendant, in pursuance of an agreement between counsel, and with the leave of the court, pleaded in bar of the action:

1854 年 5 月，被告根据律师之间的协议，并经法院许可，在诉讼中辩称：

In the first of these pleas, the plaintiff joined issue; and to the second and third filed replications alleging that the defendant, of his own wrong and without the cause in his second and third pleas alleged, committed the trespasses, &c.

在第一个抗辩中，原告加入了争议；并针对第二项和第三项提交的复制件，指控被告因自己的错误而在没有第二项和第三项抗辩中所指控的原因的情况下实施了非法侵入等行为。

The counsel then filed the following agreed statement of facts, viz:

律师随后提交了以下商定的事实陈述，即：

In the year 1834, the plaintiff was a negro slave belonging to Dr. Emerson, who was a surgeon in the army of the United States.

1834年，原告是艾默生医生的一名黑人奴隶，艾默生医生是美国军队的一名外科医生。

In that year, 1834, said Dr. Emerson took the plaintiff from the State of Missouri to the military post at Rock Island in the State of Illinois, and held him there as a slave until the month of April or May, 1836, At the time last mentioned, said Dr. Emerson removed the plaintiff from said military post at Rock Island to the military post at Fort Snelling, situate on the west bank of the Mississippi river, in the Territory known as Upper Louisiana, acquired by the United States of France, and situated north of the latitude of thirty-six degrees thirty minutes north, and north of the State of Missouri.

爱默生博士称，1834 年，艾默生博士将原告从密苏里州带到了伊利诺伊州罗克岛的军事哨所，并将他作为奴隶扣留在那里，直到 1836 年 4 月或 5 月为止。被称为上路易斯安那州，被法国合众国收购，位于北纬三十六度三十分以北，密苏里州以北。

Said Dr. Emerson held the plaintiff in slavery at said Fort Snelling, from said last-mentioned date until the year 1838.

据说，从最后提到的日期到 1838 年，艾默生博士将原告关押在斯内林堡作为奴隶。

In the year 1835, Harriet who is named in the second count of the plaintiff's declaration, was the negro slave of Major Taliaferro, who belonged to the army of the United States.

1835年，原告声明第二项指控中提到的哈丽特是美国军队塔利费罗少校的黑人奴隶。

In that year, 1835, said Major Taliaferro took said Harriet to said Fort Snelling, a military post, situated as hereinbefore stated, and kept her there as a slave until the year 1836, and then sold and delivered her as a slave at said Fort Snelling unto the said Dr. Emerson hereinbefore named.

在那一年，即 1835 年，塔利费罗少校将哈里特带到了斯内林堡，这是一个位于上述的军事哨所，并将她作为奴隶留在那里，直到 1836 年，然后将她作为奴隶在斯内林堡卖给了上文提到的爱默生博士。

Said Dr. Emerson held said Harriet in slavery at said Fort Snelling until the year 1838.

爱默生博士将哈丽特囚禁在斯内林堡为奴，直至 1838 年。

In the year 1836, the plaintiff and said Harriet, at said Fort Snelling, with the consent of said Dr. Emerson, who then claimed to be their master and owner, intermarried, and took each other for husband and wife.

1836年，原告和哈里特在斯内林堡，经当时自称是它们的主人和所有者的爱默生博士的同意，通婚，并结为夫妻。

Eliza and Lizzie, named in the third count of the plaintiff's declaration, are the fruit of that marriage.

原告声明第三项指控中提到的伊丽莎和莉齐是那次婚姻的产物。

Eliza is about fourteen years old, and was born on board the steamboat Gipsey, north of the north line of the State of Missouri, and upon the river Mississippi.

伊丽莎大约十四岁，出生在密苏里州北线以北、密西西比河畔的吉普西号汽船上。

Lizzie is about seven years old, and was born in the State of Missouri, at the military post called Jefferson Barracks.

莉齐大约七岁，出生在密苏里州杰斐逊兵营的军事哨所。

In the year 1838, said Dr. Emerson removed the plaintiff and said Harriet and their said daughter Eliza, from said Fort Snelling to the State of Missouri, where they have ever since resided.

1838 年，艾默生博士将原告、哈里特和他们的女儿伊丽莎从斯内林堡迁往密苏里州，并从此居住在那里。

Before the commencement of this suit, said Dr. Emerson sold and conveyed the plaintiff, said Harriet, Eliza, and Lizzie, to the defendant, as slaves, and the defendant has ever since claimed to hold them and each of them as slaves.

在本诉讼开始之前，艾默生博士将原告哈里特、伊丽莎和莉齐作为奴隶出售并转让给被告，被告此后一直声称将他们以及他们每个人都当作奴隶。

At the times mentioned in the plaintiff's declaration, the defendant claiming to be owner as aforesaid, laid his hands upon said plaintiff, Harriet, Eliza and Lizzie, and imprisoned them, doing in this respect, however, no more than what he might lawfully do if they were of right his slaves at such times.

在原告声明中提到的时间，自称是上述主人的被告将手放在原告哈里特、伊丽莎和莉齐身上，并将他们监禁起来，但在这方面，他所做的不过是如果他们在这种时候是他的奴隶的话他可以合法做的事。

Further proof may be given on the trial for either party.

任何一方都可以在审判中提供进一步的证据。

It is agreed that Dred Scott brought suit for his freedom in the Circuit Court of St. Louis county; that there was a verdict and judgment in his favor; that on a writ of error to the Supreme Court, the judgment below was reversed, and the same remanded to the Circuit Court, where is has been continued to await the decision of this case.

双方同意德雷德·斯科特向圣路易斯县巡回法院提起诉讼，要求获得自由；做出了对他有利的判决和判决；根据向最高法院发出的错误令状，以下判决被推翻，并将其发回巡回法院重审，继续等待本案的裁决。

In May 1854, the cause went before a jury.

1854 年 5 月，案件提交陪审团审理。

who found the following verdict, viz: "As to the first issue joined in this case, we of the jury find the defendant not guilty; and as to the issue secondly above joined, we of the jury find that before and at the time when, &c., in the first count mentioned, the said Dred Scott was a negro slave, the lawful property of the defendant; and as to the issue thirdly above joined, we, the jury, find that before and at the time when, &c., in the second and third counts mentioned, the said Harriet, wife of said Dred Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were negro slaves, the lawful properly of the defendant."

他作出以下裁决，即：“对于本案加入的第一个问题，我们陪审团认为被告无罪；对于上述加入的第二个问题，我们陪审团认为，在提到的第一个罪名之前和当时，所述德雷德·斯科特是黑人奴隶，是被告的合法财产；对于上面加入的第三个问题，我们陪审团发现，在第二个罪名之前和当时，等等。提到的第三项罪名，上述德雷德·斯科特的妻子哈丽特，以及上述德雷德·斯科特的女儿伊丽莎和莉齐，都是黑人奴隶，这是被告的合法权利。”

Whereupon the court gave judgment for the defendant.

于是，法院对被告作出了有利于被告的判决。

After an ineffectual motion for a new trial, the plaintiff filed the following bill of exceptions.

在提出重新审判的动议无效后，原告提交了以下例外法案。

On the trial of this cause by the jury, the plaintiff, to maintain the issues on his part, read to the jury the following agreed statement of facts, (see agreement above.) No further testimony was given to the jury by either party.

在陪审团对此案进行审判时，原告为了维持自己的观点，向陪审团宣读了以下商定的事实陈述（见上文协议）。任何一方均未向陪审团提供进一步的证词。

Thereupon the plaintiff moved the court to give to the jury the following instruction, viz:

随后，原告请求法院向陪审团发出以下指示，即：

"That upon the facts agreed to by the parties, they ought to find for the plaintiff.

“根据双方同意的事实，他们应该为原告找到解决办法。

The court refused to give such instruction to the jury, and the plaintiff, to such refusal, then and there duly excepted."

法院拒绝向陪审团和原告发出这样的指示，这种拒绝在当时和那里都是适当的例外。”

The court then gave the following instruction to the jury, on motion of the defendant:

随后，法院根据被告的动议向陪审团发出以下指示：

"The jury are instructed, that upon the facts In this case, the law is with the defendant" The plaintiff excepted to this instruction.

“陪审团被指示，根据本案的事实，法律支持被告。”原告对此指示除外。

Upon these exceptions, the case came up to this court.

鉴于这些例外情况，案件提交至本法院。

It was argued at December term, 1855, and ordered to be reargued at the present term.

它在 1855 年 12 月任期内进行了辩论，并被命令在本届任期内重新辩论。

It was now argued by Mr. Blair and Mr. G.

现在，布莱尔先生和 G 先生对此进行了争论。

F.

F。

Curtis for the plaintiff in error, and by Mr. Geyer and Mr. Johnson for the defendant in error.

柯蒂斯（Curtis）代表原告有误，盖耶先生（Mr. Geyer）和约翰逊先生（Mr. Johnson）代表被告有错误。

Mr. Chief Justice TANEY delivered the opinion of the court.

首席大法官TANEY先生宣读了法庭意见。

This case has been twice argued.

此案已经过两次争论。

After the argument of the last term, differences of opinion were found to exist among the members of the court; and as the questions in controversy are of the highest importance, and the court was at that time much pressed by the ordinary business of the term, it was deemed advisable to continue the case, and direct a reargument on some of the points, in order that we might have an opportunity of giving to the whole subject a more deliberate consideration.

经过上一届的辩论，法院成员之间存在意见分歧；由于争议中的问题非常重要，而且法院当时受到该术语的日常事务的很大压力，因此建议继续审理此案，并对某些要点进行重新辩论，以便我们有机会对整个主题进行更仔细的考虑。

It has accordingly been again argued by counsel, and considered by the court; and I now proceed to deliver its opinion.

据此，律师再次进行辩论，并由法院审理；我现在开始发表意见。

There are two leading questions presented by the record:

该记录提出了两个主要问题：

The plaintiff in error, who was also the plaintiff in the court below, was, with his wife and children, held as slaves by the defendant, in the state of Missouri; and he brought this action in the circuit court of the United States for that district, to assert the title of himself and his family to freedom.

错误的原告，也是下级法院的原告，与他的妻子和孩子一起被密苏里州的被告当作奴隶；他向美国该地区的巡回法院提起诉讼，以维护自己和家人的自由权利。

The declaration is in the form usually adopted in that State to try questions of this description, and contains the averment necessary to give the court jurisdiction; that he and the defendant are citizens of different States; that is, that he is a citizen of Missouri, and the defendant a citizen of New York.

该声明采用该国审理此类问题通常采用的形式，并包含给予法院管辖权所需的声明；他和被告是不同国家的公民；也就是说，他是密苏里州公民，被告是纽约州公民。

The defendant pleaded in abatement to the jurisdiction of the court, that the plaintiff was not a citizen of the State of Missouri, as alleged in his declaration, being a negro of African descent, whose ancestors were of pure African blood, and who were brought into this country and sold as slaves.

被告在削弱法院管辖权方面提出抗辩，称原告不是密苏里州公民，正如他在声明中所称的那样，他是非洲裔黑人，其祖先是纯非洲血统，被带到这个国家并被卖为奴隶。

To this plea the plaintiff demurred, and the defendant joined in demurrer.

对此，原告提出抗辩，被告也加入抗辩。

The court overruled the plea, and gave judgment that the defendant should answer over.

法院驳回了被告的抗辩，并判决被告应诉。

And he therefore put in sundry pleas in bar, upon which issues were joined; and at the trial the verdict and judgment were in his favor.

因此，他在法庭上提出了各种各样的请求，并在其中提出了一些问题。审判时，判决和判决对他有利。

Whereupon the plaintiff brought this writ of error.

于是原告提出了错误令状。

Before we speak of the pleas in bar, it will be proper to dispose of the questions which have arisen on the plea in abatement.

在我们谈论律师中的抗辩之前，我们应该先讨论一下减刑抗辩中出现的问题。

That plea denies the right of the plaintiff to sue in a court of the United States, for the reasons therein stated.

由于其中所述的原因，该抗辩否认了原告在美国法院提起诉讼的权利。

If the question raised by it is legally before us, and the court should be of opinion that the facts stated in it disqualify the plaintiff from becoming a citizen, in the sense in which that word is used in the Constitution of the United States, then the judgment of the Circuit Court is erroneous and must be reversed.

如果它提出的问题在法律上摆在我们面前，并且法院应该认为它所陈述的事实使原告失去了成为公民的资格（按照美国宪法中使用该词的含义），那么巡回法院的判决是错误的，必须推翻。

It is suggested, however, that this plea is not before us; and that as the judgment in the court below on this plea was in favor of the plaintiff, he does not seek to reverse it, or bring it before the court for revision by his writ of error; and also that the defendant waived this defeats by pleading over, and thereby admitted the jurisdiction of the court.

然而，有人建议，这一请求并未摆在我们面前；由于下级法院对此抗辩的判决对原告有利，因此他不会寻求推翻该判决，或通过其错误令状将其提交法院进行修改；并且被告通过抗辩放弃了这一败诉，从而承认了法院的管辖权。

But in making this objection, we think the peculiar and limited jurisdiction of courts of the United States has not been adverted to.

但我们认为在提出这一反对意见时，并没有考虑到美国法院特殊且有限的管辖权。

This peculiar and limited jurisdiction has made it necessary, in these courts, to adopt different rules and principles of pleading, so far as jurisdiction is concerned, from those which regulate courts of common law in England, and in the different states of the Union which have adopted the common-law rules.

这种特殊且有限的管辖权使得这些法院有必要在管辖权方面采用与规范英格兰普通法法院以及采用普通法规则的联邦不同州的规则和原则不同的规则和原则。

In these last-mentioned courts, where their character and rank are analogous to that of a Circuit Court of the United States; in other words, where they are what the law terms courts of general jurisdiction; they are presumed to have jurisdiction, unless the contrary appears.

在最后提到的这些法院中，其性质和级别类似于美国巡回法院；换句话说，它们是法律所说的具有一般管辖权的法院；除非出现相反情况，否则它们被推定具有管辖权。

No averment in the pleadings of the plaintiff is necessary, in order to give jurisdiction.

无需对原告的诉状进行确认即可授予管辖权。

If the defendant objects to it, he must plead it specially, and unless the fact On which he relics is found to be true by a jury, or admitted to be true by the plaintiff, the jurisdiction Cannot be disputed in an appellate court.

如果被告提出异议，他必须特别提出抗辩，除非陪审团认为其遗物所依据的事实属实，或原告承认属实，否则管辖权不能在上诉法院提出争议。

Now, it is not necessary to inquire whether in courts of that description a party who pleads over in bar, when a plea to the jurisdiction has been ruled against him, does or does not waive his plea; nor whether upon a judgment in his favor on the pleas in bar, and a writ of error brought by the plaintiff, the question upon the plea in abatement would be open for revision in the appellate court.

现在，没有必要询问在这种类型的法院中，当对管辖权的抗辩被裁定对他不利时，在律师中提出抗辩的当事人是否放弃了他的抗辩；也不知道根据对律师的抗辩做出的有利于他的判决以及原告提出的错误令状，有关减刑抗辩的问题是否可以在上诉法院进行修订。

Cases that may have been decided in such courts, or rules that may have been laid down by common-law pleaders, can have no influence in the decision in this court.

此类法院可能已判决的案件或普通法辩护人可能制定的规则不会影响该法院的判决。

Because, under the Constitution and laws of the United States, the rules which govern the pleadings in its courts, in questions of jurisdiction, stand on different principles and are regulated by different laws.

因为，根据美国宪法和法律，在管辖权问题上，管辖法院诉状的规则基于不同的原则，并受不同的法律管辖。

This difference arises, as we have said, from the peculiar character of the Government of the United States.

正如我们所说，这种差异是由于美国政府的特殊性质而产生的。

For although it is sovereign and supreme in its appropriate sphere of action, yet it does not possess all the powers which usually belong to the sovereignty of a nation.

因为尽管它在其适当的行动范围内具有主权和至高无上的地位，但它并不拥有通常属于一个国家主权的所有权力。

Certain specified powers, enumerated in the Constitution, have been conferred upon it; and neither the legislative, executive, nor judicial departments of the Government can lawfully exercise any authority beyond the limits marked out by the Constitution.

宪法中列举的某些特定权力已被授予；政府立法、行政、司法部门不得超越宪法规定的范围依法行使职权。

And in regulating the judicial department, the cases in which the courts of the United States shall have jurisdiction are particularly and specifically enumerated and defined; and they are not authorized to take cognizance of any case which does not come within the description therein specified.

并且在规范司法部门时，对美国法院有管辖权的案件进行了具体的列举和界定；他们无权处理任何不属于其中指定描述范围内的案件。

Hence, when a plaintiff sues in a court of the United States, it is necessary that he should show, in his pleadings, that the suit he briars is within the jurisdiction of the court, and that he is entitled to sue there.

因此，当原告在美国法院提起诉讼时，他有必要在其诉状中表明他所提起的诉讼属于该法院的管辖范围，并且他有权在那里提起诉讼。

And if he omits to do this, and should, by any oversight of the Circuit Court, obtain a judgment in his favor, the judgment would be reversed in the appellate court for want of jurisdiction in the court below.

如果他不这样做，并且在巡回法院的任何监督下获得对他有利的判决，则上诉法院将因下级法院缺乏管辖权而推翻该判决。

The jurisdiction would not be presumed, as in the case of a common-law English or State court, unless the contrary appeared.

除非出现相反情况，否则不会像普通法英国法院或州法院那样推定管辖权。

But the record, when it comes before the appellate court, must show, affirmatively, that the inferior court had authority, under the Constitution, to hear and determine the case.

但当上诉法院收到记录时，必须肯定地表明，根据宪法，下级法院有权审理和裁决案件。

And if the plaintiff claims a right to sue in a Circuit Court of the United States, under that provision of the Constitution which gives jurisdiction in controversies between citizens of discreet States, he must distinctly aver in his pleadings that they are citizens of different States; add he cannot maintain his suit without showing that fact in the pleadings.

如果原告声称有权在美国巡回法院提起诉讼，根据宪法中规定对谨慎州公民之间的争议具有管辖权的条款，他必须在其诉状中明确声明他们是不同州的公民；补充说，如果不在诉状中表明这一事实，他就无法维持自己的诉讼。

This point was decided in the case of Bingham v.

这一点在宾厄姆诉美国一案中得到了解决。

Cabot, (in 3 Dall., 382), and ever since adhered to by the court.

Cabot，（in 3 Dall., 382），此后一直受到法院的遵守。

And in Jackson v.

在杰克逊诉。

Ashton (8 Pet., 148), it was held that the objection to which it was open could not be waived by the opposite party, because consent of parties could not give jurisdiction.

Ashton (8 Pet., 148) 认为，对方当事人不能放弃所提出的反对意见，因为当事人的同意不能赋予管辖权。

It is needless to accumulate cases on this subject.

这个问题没有必要积累案例。

Those already referred to, and the cases of Capron v.

那些已经提到过的，以及卡普伦诉案件。

Van Noorden, (in 2 Cr, 126), and Montalet v.

Van Noorden（2 Cr，126）和 Montalet v.

Murray; (4 Cr., 46), are sufficient to show the rule of which we have spoken.

穆雷； （4 Cr.，46）足以表明我们所说的规则。

The case of Capron v.

卡普伦诉案件

Van Noorden strikingly illu[s]trates the difference between a common-law court and a court of the United States.

范诺登引人注目地说明了普通法法院和美国法院之间的区别。

If, however, the fact of citizenship is averred in the declaration, and the defendant does not deny it, and put it in issue by pica in abatement, he cannot offer evidence at the trial to disprove it, and consequently cannot avail himself of the objection in the appellate court, unless the defect should be apparent in some other part of the record.

然而，如果声明中确认了公民身份这一事实，并且被告没有否认这一事实，并通过异食癖减刑提出争议，那么他就无法在审判中提供证据来反驳这一事实，因此无法在上诉法院中利用自己的反对意见，除非该缺陷在记录的其他部分中很明显。

For if there is no plea in abatement, and the want of jurisdiction does not appear in any other part of the transcript brought up by the writ of error, the undisputed averment of citizenship in the declaration must be taken in this court to be true.

因为如果没有减刑抗辩，并且错误令所提出的笔录的任何其他部分中没有出现管辖权缺失的情况，则声明中无可争议的公民身份声明必须在本法院被视为真实。

In this case, the citizenship is averred, but it is denied by the defendant in the manner required by the rules of pleading, and the fact upon which the denial is based is admitted by the demurrer.

在本案中，公民身份得到确认，但被告按照诉状规则要求的方式予以否认，并且否认所依据的事实得到了抗辩人的承认。

And, if the plea and demurrer, and judgment of the court below upon it, are before us upon this record, the question to be decided is, whether the facts stated in the plea are sufficient to show that the plaintiff is not entitled to sue as a citizen in a court of the United States.

而且，如果抗辩和抗辩以及下级法院的判决已根据此记录提交给我们，则需要决定的问题是，抗辩中陈述的事实是否足以表明原告无权作为公民在美国法院提起诉讼。

We think they are before us.

我们认为他们就在我们面前。

The plea in abatement and the judgment of the court upon it, are a part of the judicial proceedings in the Circuit Court, and are there recorded as such; and a writ of error always brings up to the superior court the whole record of the proceedings in the court below.

减刑抗辩和法院对此作出的判决是巡回法院司法程序的一部分，并据此记录；错误令状总是会向上级法院带来下级法院诉讼的全部记录。

And in the case of the United States v Smith (11 Wheat., 172,) this court said, that the case being brought up by writ of error, the whole record was under the consideration of this court.

在 United States v Smith (11 Wheat., 172,) 案中，本法院表示，该案是通过错误令状提起的，整个记录都在本法院的考虑范围内。

And this being the case in the present instance, the plea in abatement is necessarily under consideration; and it becomes, therefore, our duty to decide whether the facts stated in the plea are or are not sufficient to show that the plaintiff is not entitled to sue as a citizen in a court of the United States.

鉴于本案的情况，减刑抗辩是必然要考虑的；因此，我们有责任确定抗辩中陈述的事实是否足以证明原告无权作为公民在美国法院提起诉讼。

This is certainly a very serious question, and one that now for the first time has been brought for decision before this court.

这无疑是一个非常严肃的问题，现在是第一次被提交法院裁决的问题。

But it is brought here by those who have a right to bring it, and it is our duty to meet it and decide it.

但它是由那些有权提出它的人带到这里的，我们有责任迎接它并做出决定。

The question is simply this: Can a negro whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights and privileges and immunities guaranteed to the citizen?

问题很简单：一个祖先被进口到这个国家并被卖为奴隶的黑人能否成为美国宪法所形成和建立的政治共同体的成员，并因此有权享有保障公民的所有权利、特权和豁免权？

One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution.

其中一项权利是在宪法规定的情况下向美国法院提起诉讼的特权。

It will be observed, that the plea applies to that class of persons only whose ancestors were negroes of the African race, and imported into this country, and sold and held as slaves.

值得注意的是，这一请求仅适用于祖先是非洲黑人、被进口到这个国家、被出售和作为奴隶的那类人。

The only matter in issue before the court, therefore, is, whether the descendants of such slaves, when they shall be emancipated, or who are born of parents who had become free before their birth, are citizens of a State, in the sense in which the word citizen is used in the Constitution of the United States.

因此，法院唯一争论的问题是，这些奴隶的后代在获得解放时，或者其父母在出生前获得自由时所生的后代是否是一个州的公民，即美国宪法中“公民”一词的含义。

And this being the only matter in dispute on the pleadings, the court must be understood as speaking in this opinion of that class only, that is, of those persons who are the descendants of Africans who were imported into this country, and sold as slaves.

这是诉状中唯一有争议的事项，法院必须被理解为仅针对该阶级发表意见，即那些被进口到这个国家并作为奴隶出售的非洲人的后裔。

The situation of this population was altogether unlike that of the Indian race.

这个民族的处境与印第安人种完全不同。

The latter, it is true, formed no part of the colonial communities, and never amalgamated with them in social connections or in government.

诚然，后者不属于殖民社区，也从未在社会联系或政府中与殖民社区合并。

But although they were uncivilized, they were yet a free and independent people, associated together in nations or tribes, and governed by their own laws.

尽管他们尚未开化，但他们仍然是一个自由、独立的民族，以国家或部落的形式联合在一起，并受自己的法律管辖。

Many of these political communities were situated in territories to which the white race claimed the ultimate right of dominion.

许多政治共同体都位于白人声称拥有最终统治权的领土上。

But that claim was acknowledged to be subject to the right of the Indians to occupy it as long as they thought proper, and neither the English nor colonial Governments claimed or exercised any dominion over the tribe or nation by whom it was occupied, nor claimed the right to the possession of the territory, until the tribe or nation consented to cede it.

但人们承认，只要印第安人认为适当，这一主张就受到印第安人占领的权利的约束，英国政府和殖民地政府都没有对被占领的部落或民族主张或行使任何​​统治权，也没有主张占有该领土的权利，直到该部落或民族同意割让该领土。

These Indian Governments were regarded and treated as foreign Governments, as much so as if an ocean had separated the red man from the white; and their freedom has constantly been acknowledged, from the time of the first emigration to the English colonies to the present day, by the different Governments which succeeded each other.

这些印度政府被视为外国政府并受到对待，就好像红种人和白人之间有一个海洋一样。从第一次移民到英国殖民地至今，他们的自由不断得到历届政府的承认。

Treaties have been negotiated with them, and their alliance sought for in war; and the people who compose these Indian political communities have always been treated as foreigners not living under our Government.

我们与他们谈判了条约，并在战争中寻求他们的联盟；组成这些印度政治团体的人一直被视为不在我国政府统治下的外国人。

It is true that the course of events has brought the Indian tribes within the limits of the United States under subjection to the white race; and it has been found necessary, for their sake as well as our own, to regard them as in a state of pupilage, and to legislate to a certain extent over them and the territory they occupy.

诚然，事态的发展使美国境内的印第安部落屈服于白人的统治之下。我们发现，为了他们以及我们自己的利益，有必要将他们视为学生，并在一定程度上对他们及其占领的领土进行立法。

But they may, without doubt, like the subjects of any other foreign Government, be naturalized by the authority of Congress, and become citizens of a State, and of the United States; and if an individual should leave his nation or tribe, and take up his abode among the white population, he would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people.

但毫无疑问，他们可以像任何其他外国政府的臣民一样，通过国会的授权入籍，成为一个州和合众国的公民；如果一个人离开他的国家或部落，并在白人中定居，他将有权享有属于任何其他外国人的移民的所有权利和特权。

We proceed to examine the case as presented by the pleadings.

我们继续审查诉状中提出的案件。

The words "people of the United States" and "citizens" are synonymous terms, and mean the same thing.

“美国人民”和“公民”是同义词，含义相同。

They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives.

它们都描述了根据我们的共和制度形成主权、通过其代表掌握权力和管理政府的政治机构。

They are what we familiarly call the "sovereign people," and every citizen is one of this people and a constituent member of this sovereignty.

他们就是我们俗称的“主权人民”，每一个公民都是这个人民的一员，都是这个主权的组成成员。

The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty?

摆在我们面前的问题是，减税请求中所描述的这一类人是否构成了这个人民的一部分，并且是这个主权的组成成员？

We think they are not, and that they are not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.

我们认为他们不是、也没有被包括在宪法中的“公民”一词下，也无意被包括在宪法中的“公民”一词下，因此不能主张该文书为美国公民提供和保障的任何权利和特权。

On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the government might choose to grant them.

相反，他们在当时被认为是从属和低等阶级的存在，他们被统治种族所征服，无论是否获得解放，仍然受制于他们的权威，除了掌握权力和政府可能选择授予的权利或特权外，他们没有任何权利或特权。

It is not the province of the court to decide upon the justice or injustice, the policy or impolicy, of these laws.

法院无权决定这些法律的正义或不正义、政策或不政策。

The decision of that question belonged to the political or law-making power; to those who formed the sovereignty and framed the Constitution.

该问题的决定属于政治或立法权力；那些形成主权和制定宪法的人。

The duty of the court is, to interpret the instrument they have framed, with the best lights we can obtain on the subject, and to administer it as we find it, according to its true intent and meaning when it was adopted.

法院的职责是，以我们所能获得的关于该主题的最佳见解来解释他们制定的文书，并根据其通过时的真实意图和含义，按照我们发现的方式进行管理。

In discussing this question, we must not confound the rights of citizenship which a State may confer within its own limits, and the rights of citizenship as a member of the Union.

在讨论这个问题时，我们决不能混淆国家在其自身范围内授予的公民权利和作为联邦成员的公民权利。

It does not by any means follow, because he has all the rights and privileges of a citizen of a State, that he must be a citizen of the United States.

无论如何，并不因为他拥有一个州公民的所有权利和特权，就认为他必须是美国公民。

He may have all the rights and privileges of the citizen of a State, and yet not be entitled to the rights and privileges of a citizen in any other State.

他可能拥有一个州公民的所有权利和特权，但无权享有任何其他州公民的权利和特权。

For, previous to the adoption of the Constitution of the United States, every State had the undoubted right to confer on whomsoever it pleased the character of citizen, and to endow him with all its rights.

因为，在美国宪法通过之前，每个州都毫无疑问地有权将其所喜欢的人授予公民身份，并赋予他所有权利。

But this character of course was confined to the boundaries of the State, and gave him no rights or privileges in other States beyond those secured to him by the laws of nations and the comity of States.

但这种性质当然仅限于国家的边界​​，除国际法和各国礼让所保障的权利外，他在其他国家没有任何权利或特权。

Nor have the several States surrendered the power of conferring these rights and privileges by adopting the Constitution of the United States.

几个州也没有通过通过美国宪法而放弃授予这些权利和特权的权力。

Each State may still confer them upon an alien, or any one it thinks proper, or upon any class or description of persons; yet he would not be a citizen in the sense in which that word is used in the Constitution of the United States, nor entitled to sue as such in one of its courts, nor to the privileges and immunities of a citizen in the other States.

各州仍可将其授予外国人、或其认为合适的任何人、或任何类别或类别的人；然而，他不会成为美国宪法中使用该词的意义上的公民，也无权在其法院之一提起诉讼，也不会享有其他州公民的特权和豁免权。

The rights which he would acquire would be restricted to the State which gave them.

他将获得的权利仅限于授予这些权利的国家。

The Constitution has conferred on Congress the right to establish an uniform rule of naturalization, and this right is evidently exclusive, and has always been held by this court to be so.

《宪法》赋予国会制定统一入籍规则的权利，这一权利显然是排他性的，并且本法院一直认为如此。

Consequently, no State, since the adoption of the Constitution, can by naturalizing an alien invest him with the rights and privileges secured to a citizen of a State under the Federal Government, although, so far as the State alone was concerned, he would undoubtedly be entitled to the rights of a citizen, and clothed with all the rights and immunities which the Constitution and laws of the State attached to that character.

因此，自《宪法》通过以来，任何州都不能通过使外国人入籍而赋予其联邦政府管辖下的州公民所享有的权利和特权，尽管就州本身而言，他无疑有权享有公民的权利，并享有州宪法和法律赋予公民的所有权利和豁免权。

It is very clear, therefore, that no State can, by any act or law of its own, passed since the adoption of the Constitution, introduce a new member into the political community created by the Constitution of the United States.

因此，很明显，任何州都不能通过自宪法通过以来通过的任何法案或法律，向美国宪法创建的政治共同体引入新成员。

It cannot make him a member of this community by making him a member of its own.

它不能通过让他成为这个社区的成员来让他成为这个社区的成员。

And for the same reason it cannot introduce any person or description of persons, who were not intended to be embraced in this new political family, which the Constitution brought into existence, but were intended to be excluded from it.

出于同样的原因，它不能引入任何人或人的描述，这些人不打算被纳入宪法所建立的这个新的政治家庭，而是打算被排除在外。

The question then arises, whether the provisions of the Constitution, in relation to the personal rights and privileges to which the citizen of a State should be entitled, embraced the negro African race, at that time in this country, or who might afterwards be imported, who had then or should afterwards be made free in any State; and to put it in the power of a single State to make him a citizen of the United States, and endue him with the tall rights of citizenship in every other State without their consent?

那么问题来了，宪法中关于一国公民应享有的个人权利和特权的条款是否涵盖了当时在这个国家的非洲黑人种族，或者后来可能被输入的、当时已经或之后应该在任何国家获得自由的人？并让一个州有权让他成为美国公民，并在未经其他州同意的情况下赋予他公民的崇高权利？

Does the Constitution of the United States act upon him whenever he shall be made free under the laws of a State, and raised there to the rank of a citizen, and immediately clothe him with all the privileges of a citizen in every other State, and in its own courts?

每当他根据一个州的法律获得自由并被提升为公民时，美国宪法是否对他起作用，并立即赋予他在所有其他州及其法院中公民的所有特权？

The court think the affirmative of these propositions cannot be maintained.

法院认为不能维持这些主张的肯定。

And if it cannot, the plaintiff in error could not be a citizen of the State of Missouri, within the meaning of the Constitution of the United States, and, consequently, was not entitled to sue in its courts.

如果不能，则错误的原告不可能是美国宪法含义内的密苏里州公民，因此无权在该州法院提起诉讼。

It is true, every person, and every class and description of persons, who were at the time of the adoption of the Constitution recognized as citizens in the several States, became also citizens or this new political body; but none other; it was formed by them, and for them and their posterity, but for no one else.

确实，在宪法通过时被几个州承认为公民的每个人、每个阶级和类别的人，也成为公民或这个新的政治团体；但没有其他；它是由他们、为他们和他们的后代而形成的，而不是为其他人。

And the personal rights and privileges guarantied to citizens of this new sovereignty were intended to embrace those only who were then members of the several State communities, or who should afterwards by birthright or otherwise become members, according to the provisions of the Constitution and the principles on which it was founded.

这一新主权保障公民的个人权利和特权旨在仅涵盖当时是几个州社区成员的人，或者根据宪法的规定和宪法所依据的原则，后来因出生权利或其他方式成为成员的人。

It was the union of those who were at that time members of distinct and separate political communities into one political family, whose power, for certain specified purposes, was to extend over the whole territory of the United States.

它是将当时不同的、独立的政治共同体的成员联合成一个政治家庭，为了某些特定的目的，这个政治家庭的权力延伸到美国的整个领土。

And it gave to each citizen rights and privileges outside of his State which he did not before possess, and placed him in every other State upon a perfect equality with its own citizens as to rights of person and rights of property; it made him a citizen of the United States.

它赋予每个公民在本州之外的权利和特权，这是他以前所没有的，并使他在其他各州的人身权和财产权方面与本国公民完全平等。这使他成为美国公民。

It becomes necessary, therefore, to determine who were citizens of the several States when the Constitution was adopted.

因此，有必要确定宪法通过时谁是几个州的公民。

And in order to do this, we must recur to the governments and institutions of the thirteen colonies, when they separated from Great Britain and formed new sovereignties, and took their places in the family of independent nations.

为了做到这一点，我们必须回顾十三个殖民地的政府和机构，当时它们从英国分离出来，形成了新的主权，并在独立国家大家庭中占据了一席之地。

We must enquire who, at that time, were recognized as the people or citizens of a State, whose rights and liberties had been outraged by the English Government; and who declared their independence, and assumed the powers of Government to defend their rights by force of arms.

我们必须询问，当时哪些人被承认为某个国家的人民或公民，而其权利和自由却遭到了英国政府的侵犯；他们宣布独立，并承担政府权力，以武力捍卫自己的权利。

In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument.

法院认为，当时的立法和历史以及《独立宣言》中使用的语言表明，无论是作为奴隶进口的阶级，还是他们的后代，无论他们是否获得自由，当时都没有被承认为人民的一部分，也没有打算将其纳入该令人难忘的文书中使用的一般用语中。

It is difficult at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted.

今天很难了解与这个不幸的种族有关的公众舆论状况，在《独立宣言》发表以及美国宪法制定和通过时，这种不幸的种族在世界文明和开明的地区盛行。

But the public history of every European nation displays it in a manner too plain to be mistaken.

但每个欧洲国家的公共历史都以一种简单而不会出错的方式展示了这一点。

They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.

一个多世纪以来，他们一直被视为低等人种，无论在社会关系还是政治关系上都完全不适合与白人交往。而且他们的地位远远低于白人，他们没有白人必须尊重的权利。黑人可以为了自己的利益而公正合法地沦为奴隶。

He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it.

只要能从中获利，他就会被买卖，并被当作普通的商品和交通。

This opinion was at that time fixed and universal in the civilized portion of the white race.

这种观点当时在白人的文明部分中是固定的和普遍的。

It was regarded as an axiom in morals as well as in politics, which no one thought of disputing, or supposed to be open to dispute; and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern; without doubting for a moment the correctness of this opinion.

它被视为道德上和政治上的公理，没有人想到争论，或者认为它是开放的争论。社会上各个阶层和职位的人们每天都习惯性地在他们的私人追求以及公共关心的事务中遵循这一原则；毫不怀疑这个观点的正确性。

And in no nation was this opinion here firmly fixed or more uniformly acted upon than by the English Government and English people.

没有哪个国家比英国政府和人民更坚定地贯彻这一观点，或更一致地执行这一观点。

They not only seized them on the coast of Africa, and sold them or held them in slavery for their own use; but they took them as ordinary articles of merchandise to every country where they could make a profit on them, and were far more extensively engaged in this commerce, than any other nation in the world.

他们不仅在非洲海岸抓住他们，将他们出售或奴役他们以供自己使用；但他们将它们作为普通商品运往每一个可以从中获利的国家，并且比世界上任何其他国家更广泛地从事这种贸易。

The opinion thus entertained and acted upon in England was naturally impressed upon the colonies they founded on this side of the Atlantic.

英国所接受并采取的这种观点自然也影响到了他们在大西洋彼岸建立的殖民地。

And, accordingly, a negro of the African race was regarded by them as an article of property, and held, and bought and sold as such, in every one of the thirteen colonies which united in the Declaration of Independence, and afterwards formed the Constitution of the United States.

因此，非洲种族的黑人被他们视为一种财产，并在《独立宣言》联合起来并后来形成美国宪法的十三个殖民地的每一个殖民地中作为财产进行持有、买卖。

The slaves were more or less numerous in the different colonies, as slave labor was found more or less profitable.

不同殖民地的奴隶数量或多或少，因为奴隶劳动的利润或多或少。

But no one seems to have doubted the correctness of the prevailing opinion of the time.

但似乎没有人怀疑当时流行观点的正确性。

The legislation of the different colonies furnishes positive and indisputable proof of this fact.

不同殖民地的立法为这一事实提供了积极且无可争议的证据。

It would be tedious, in this opinion, to enumerate the various laws they passed upon this subject.

在这种观点看来，列举他们就这一主题通过的各种法律将是乏味的。

It will be sufficient, as a sample of the legislation which then generally prevailed throughout the British colonies, to give the laws of two of them; one being still a large slaveholding State, and the other the first State in which slavery ceased to exist.

作为当时在整个英国殖民地普遍流行的立法的样本，给出其中两个的法律就足够了；一个仍然是一个大型奴隶制国家，另一个是第一个奴隶制不再存在的国家。

The province of Maryland, in 1717, (ch.

马里兰省，1717 年，（第 17 章）

13, s.

13，s。

5,) passed a law declaring "that if any free negro or mulatto intermarry with any white woman, or if any white man shall intermarry with any negro or mulatto woman, such negro or mulatto shall become a slave during life, excepting mulattoes born of white women, who, for such intermarriage, shall only become servants for seven years, to be disposed of as the justices of the county court, where such marriage so happens, shall think fit; to be applied by them towards the support of a public school within the said county.

5）通过了一项法律，宣布“如果任何自由黑人或混血儿与任何白人妇女通婚，或者任何白人与任何黑人或混血儿妇女通婚，则该黑人或混血儿将在一生中成为奴隶，但白人妇女所生的混血儿除外，他们在这种通婚中只能成为仆人七年，由发生这种婚姻的县法院法官认为合适的方式处置；适用他们向该县内的一所公立学校提供支持。

And any white man or white woman who shall intermarry as aforesaid, with any negro or mulatto, such white man or white woman shall become servants during the term of seven years, and shall be disposed of by the justices as aforesaid, and be applied to the uses aforesaid."

任何白人男性或白人女性，如上述与任何黑人或混血儿通婚，该白人男性或白人女性应在七年期限内成为仆人，并应由法官按上述方式处置，并适用于上述用途。”

The other colonial law to which we refer was passed by Massachusetts in 1705, (chap.

我们提到的另一部殖民法律是马萨诸塞州于 1705 年通过的（第 17 章）。

6.) It is entitled "An act for the better preventing of a spurious and mixed issue," &c.; and it provides, that "if any negro or mulatto shall presume to smite or strike any person of the English or other Christian nation, such negro or mulatto shall be severely whipped, at the discretion of the justices before whom the offender shall be convicted."

6.) 标题为“更好地防止虚假和混合问题的行为”等；它规定，“如果任何黑人或混血儿企图殴打或攻击英国或其他基督教国家的任何人，则该黑人或混血儿应受到严厉鞭打，由法官酌情对罪犯定罪。”

And "that none of her Majesty's English or Scottish subjects, nor of any other Christian nation, within this province, shall contract matrimony with any negro or mulatto; nor shall any person, duly authorised to solemnize marriage, presume to join any such in marriage, on pain of forfeiting the sum of fifty pounds; one moiety thereof to her Majesty, for and towards the support of the Government within this province, and the other moiety to him or them that shall inform and sue for the same in any of her Majesty's courts of record within the province, by bill, plaint, or information."

并且“女王陛下的英格兰或苏格兰臣民，或任何其他基督教国家的臣民，在本省内不得与任何黑人或混血儿缔结婚姻；任何正式授权主持婚礼的人也不得擅自参加任何此类婚姻，否则将被没收五十英镑；其中一部分归女王陛下，用于支持本省内的政府，另一部分归他或他们通知。并通过法案、诉状或信息向该省内任何一个女王陛下记录法院提起同样的诉讼。”

We give both of these laws in the words used by the respective legislative bodies, because the language in which they are framed, as well as the provisions contained in them, show, too plainly to be misunderstood, the degraded condition of this unhappy race.

我们以各自立法机构使用的措辞来表述这两项法律，因为它们的框架语言以及其中所包含的条款，清楚地表明了这个不幸的种族的堕落状况，不容误解。

They were still in force when the Revolution began, and are a faithful index to the state of feeling towards the class of persons of whom they speak, and of the position they occupied throughout the thirteen colonies, in the eyes and thoughts of the men who framed the Declaration of Independence and established the State Constitutions and Governments.

当革命开始时，它们仍然有效，并且忠实地反映了他们所谈论的阶级的感情状况，以及他们在整个十三个殖民地中所占据的地位，以及在制定《独立宣言》和建立州宪法和政府的人们的眼中和思想中的地位。

They show that a perpetual and impassable barrier was intended to be erected between the white race and the one which they had reduced to slavery, and governed as subjects with absolute and despotic power, and which they then looked upon as so far below them in the scale of created beings, that intermarriages between white persons and negroes or mulattoes were regarded as unnatural and immoral, and punished as crimes, not only in the parties, but in the person who joined them in marriage.

他们表明，意图在白人种族和被他们沦为奴隶的种族之间建立起一道永久的、不可逾越的障碍，并作为拥有绝对和专制权力的臣民进行统治，然后他们认为白人与黑人或混血儿之间的通婚在受造物中远远低于他们，白人与黑人或混血儿之间的通婚被视为不自然和不道德的，并被视为犯罪而受到惩罚，不仅在当事人身上，而且在婚姻中加入他们的人也是如此。

And no distinction in this respect was made between the free negro or mulatto and the slave, but this stigma, of the deepest degradation, was fixed upon the whole race.

在这方面，自由黑人或黑白混血儿和奴隶之间并没有什么区别，但这种最深的堕落的耻辱却被固定在整个种族身上。

We refer to these historical facts for the purpose of showing the fixed opinions concerning that race, upon which the statesmen of that day spoke and acted.

我们引用这些历史事实的目的是为了表明当时政治家的言论和行动所依据的有关该种族的固定观点。

It is necessary to do this, in order to determine whether the general terms used in the Constitution of the United States, as to the rights of man and the rights of the people, was intended to include them, or to give to them or their posterity the benefit of any of its provisions.

有必要这样做，以便确定美国宪法中使用的关于人权和人民权利的一般术语是否旨在包括它们，或者是否旨在使它们或其后代受益于其任何条款。

The language of the Declaration of Independence is equally conclusive:

《独立宣言》的语言同样具有决定性：

It begins by declaring "that when in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and nature's God entitle them, a decent respect for the opinions of mankind requires that they should declare the causes which impel them to the separation."

它首先宣称，“在人类事件的过程中，当一个民族有必要解散将他们与另一个民族联系在一起的政治束缚，并在地球列强中承担自然法和自然之神赋予他们的独立和平等的地位时，对人类意见的体面尊重要求他们应该宣布促使他们分离的原因。”

It then proceeds to say: "We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among them is life, liberty, and the pursuit of happiness; that to secure these rights, Governments are instituted, deriving their just powers from the consent of the governed."

然后它接着说：“我们认为这些真理是不言而喻的：人人生而平等；造物主赋予他们某些不可剥夺的权利；其中包括生命、自由和追求幸福的权利；为了确保这些权利，政府成立，并从被统治者的同意中获得其正当权力。”

The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood.

上面引用的一般词语似乎涵盖了整个人类大家庭，如果今天将它们用在类似的工具中，就会如此理解。

But it is too clear for dispute, that the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted this declaration; for if the language, as understood in that day, would embrace them, the conduct of the distinguished men who framed the Declaration of Independence would have been utterly and flagrantly inconsistent with the principles they asserted; and instead of the sympathy of mankind, to which they so confidently appealed, they would have deserved and received universal rebuke and reprobation.

但毫无争议的是，被奴役的非洲种族无意被包括在内，并且不属于制定和通过这一宣言的人民的一部分；因为，如果按照当时的语言理解，制定《独立宣言》的杰出人士的行为将完全公然违背他们所主张的原则；他们如此自信地呼吁人类的同情，但他们本应受到并受到普遍的谴责和谴责。

Yet the men who framed this declaration were great men--high in literary acquirements--high in their sense of honor, and incapable of asserting principles inconsistent with those on which they were acting.

然而，制定这一宣言的人都是伟大的人——具有很高的文学造诣和高度的荣誉感，并且无法主张与他们所遵循的原则不一致的原则。

They perfectly understood the meaning of the language they used, and how it would be understood by others; and they knew that it would not in any part of the civilized world be supposed to embrace the negro race, which by common consent, had been excluded from civilized Governments and the family of nations, and doomed to slavery.

他们完全理解他们所使用的语言的含义，以及其他人如何理解它；他们知道，在文明世界的任何地方都不应接纳黑人种族，因为一致同意，黑人已被排除在文明政府和国际大家庭之外，注定要沦为奴隶。

They spoke and acted according to the then established doctrines and principles, and in the ordinary language of the day, and no one misunderstood them.

他们按照当时既定的教义和原则，用当时的通用语言说话和行事，没有人误解他们。

The unhappy black race were separated from the white by indelible marks, and laws long before established, and were never thought of or spoken of except as property, and when the claims of the owner or the profit of the trader were supposed to need protection.

不幸的黑人种族与白人之间被不可磨灭的标记和早先制定的法律分开，除了作为财产，并且当所有者的要求或商人的利润被认为需要保护时，他们从未被想到或谈论过。

This state of public opinion had undergone no change when the Constitution was adopted, as is equally evident from its provisions and language.

这种舆论状况在宪法通过时并没有发生变化，从宪法的条款和语言中也可以看出这一点。

The brief preamble sets forth by whom it was formed, for what purposes, and for whose benefit and protection.

简短的序言阐述了它的成立者、目的、利益和保护。

It declares that it is formed by the people of the United States; that is to say, by those who were members of the different political communities in the several States; and its great object is declared to be to secure the blessings of liberty to themselves and their posterity.

它宣称它是由美国人民组成的；也就是说，由几个州不同政治团体的成员组成；它的伟大目标被宣称是确保他们自己及其后代获得自由的祝福。

It speaks in general terms of the people of the United States, and of citizens of the several States, when it is providing for the exercise of the powers granted or the privileges secured to the citizen.

当它规定行使授予公民的权力或保障公民的特权时，它泛指美国人民和几个州的公民。

It does not define what description of persons are intended to be included under these terms, or who shall be regarded as a citizen and one of the people.

它没有定义这些术语中应包括哪些人的描述，或者谁应被视为公民和人民之一。

It uses them as terms so well understood, that no farther description or definition was necessary.

它使用它们作为易于理解的术语，因此不需要进一步的描述或定义。

But there are two clauses in the Constitution which point directly and specifically to the negro race as a separate class of persons, and show clearly that they were not regarded as a portion of the people or citizens of the Government then formed.

但《宪法》中有两个条款直接而具体地指出黑人种族是一个单独的群体，并明确表明他们不被视为当时组建的政府的人民或公民的一部分。

One of these clauses reserves to each of the thirteen States the right to import slaves until the year 1808, if it thinks proper.

其中一项条款保留了 13 个州中的每一个州在 1808 年之前（如果它认为合适的话）进口奴隶的权利。

And the importation which it thus sanctions was unquestionably of persons of the race of which we are speaking, as the traffic in slaves in the United States had always been confined to them.

因此，它所制裁的进口毫无疑问是我们所说的种族的人，因为美国的奴隶贩运一直仅限于他们。

And by the other provision the States pledge themselves to each other to maintain the right of property of the master, by delivering up to him any slave who may have escaped from his service, and be found within their respective territories.

根据另一项规定，各州相互保证维护主人的财产权，将任何可能逃脱他的服务并在各自领土内被发现的奴隶交给他。

By the first above-mentioned clause, therefore, the right to purchase and hold this property is directly sanctioned and authorized for twenty years by the people who framed the Constitution.

因此，根据上述第一条，购买和持有该财产的权利由宪法制定者直接批准并授权二十年。

And by the second, they pledge themselves to maintain and uphold the right of the master in the manner specified, as long as the Government they then formed should endure.

到了第二个阶段，他们保证，只要他们当时组建的政府继续存在，他们就会以规定的方式维护和维护主人的权利。

And these two provisions show, conclusively, that neither the description of persons therein referred to, nor their descendants, were embraced in any of the other provisions of the Constitution; for certainly these two clauses were not intended to confer on them or their posterity the blessings of liberty, or any of the personal rights so carefully provided for the citizen.

这两项条款最终表明，宪法中的任何其他条款都没有包含其中所提到的人及其后代的描述；因为这两个条款当然不是为了赋予他们或他们的后代自由的祝福，或者为公民精心规定的任何个人权利。

No one of that race had ever migrated to the United States voluntarily; all of them had been brought here as articles of merchandise.

这个种族中没有人自愿移民到美国。所有这些都是作为商品运到这里的。

The number that had been emancipated at that time were but few in comparison with those held in slavery; and they were identified in the public mind with the race to which they belonged, and regarded as a part of the slave population rather than the free.

当时获得解放的人数与被奴役的人数相比只是很少。在公众心目中，他们被认为是他们所属的种族，并被视为奴隶人口的一部分，而不是自由人。

It is obvious that they were not even in the minds of the framers of the Constitution when they were conferring special rights and privileges upon the citizens of a state in every other part of the Union.

显然，当宪法制定者向联邦其他所有地区的公民授予特殊权利和特权时，他们甚至没有想到这些。

Indeed, when we look to the condition of this race in the several States at the time, it is impossible to believe that these rights and privileges were intended to be extended to them.

事实上，当我们审视当时几个州的种族状况时，我们不可能相信这些权利和特权是有意给予他们的。

It is very true, that in that portion of the Union where the labor of the negro race was found to be unsuited to the climate and unprofitable to the master, but few slaves were held at the time of the Declaration of Independence; and when the Constitution was adopted, it had entirely worn out in one of them, and measures had been taken for its gradual abolition in several others.

确实，在联邦的那个地区，黑人的劳动不适合气候，对主人来说无利可图，但在《独立宣言》发表时，奴隶很少；当宪法通过时，其中一个国家的宪法已经完全失效，而其他几个国家则采取了逐步废除宪法的措施。

But this change had not been produced by any change of opinion in relation to this race; but because it was discovered, from experience, that slave labor was unsuited to the climate and productions of these States: for some of the States, where it had ceased or nearly ceased to exist, were actively engaged in the slave trade, procuring cargoes on the coast of Africa, and transporting, them for sale to those parts of the Union where their labor was found to be profitable, and suited to the climate and productions, And this traffic was openly carried on, and fortunes accumulated by it, without reproach from the people of the States where they resided.

但这种变化并不是由于对这场比赛的任何看法的改变而产生的。但因为从经验中发现，奴隶劳动不适合这些国家的气候和生产：因为一些奴隶贸易已经停止或几乎停止存在的国家，正在积极从事奴隶贸易，在非洲海岸采购货物，并将其运输到联盟的那些地方，在那里他们的劳动被发现是有利可图的，并且适合气候和生产。这种贸易是公开进行的，并由此积累了财富，没有受到非洲人民的谴责。他们居住的州。

And it can hardly be supposed that, in the States where it was then countenanced in its worst form--that is, in the seizure and transportation--the people could have regarded those who were emancipated as entitled to equal rights with themselves.

很难想象，在当时以最恶劣的形式——即扣押和运输——支持这种形式的各州，人民会认为那些被解放的人有权享有与自己平等的权利。

And we may here again refer, in support of this proposition, to the plain and unequivocal language of the laws of the several States, some passed after the Declaration of Independence and before the Constitution was adopted, and some since the Government went into operation.

为了支持这一主张，我们在这里可以再次提及几个州法律的简单明确的语言，其中一些是在《独立宣言》之后和《宪法》通过之前通过的，有些是在政府成立之后通过的。

We need not refer, on this point, particularly to the laws of the present slaveholding States.

在这一点上，我们不需要特别提及目前奴隶制国家的法律。

Their statute books are full of provisions in relation to this class, in the same spirit with the Maryland law which we have before quoted.

他们的法规书中充满了与此类相关的条款，与我们之前引用的马里兰州法律的精神相同。

They have continued to treat them as an inferior class, and to subject them to strict police regulations, drawing a broad line of distinction between the citizen and the slave races, and legislating in relation to them upon the same principle which prevailed at the time of the Declaration of Independence.

他们继续将他们视为下等阶级，并让他们服从严格的警察法规，在公民和奴隶种族之间划出一条广泛的界限，并根据《独立宣言》时盛行的相同原则制定与他们有关的立法。

As relates to these States, it is too plain for argument, that they have never been regarded as a part of the people or citizens of the State, nor supposed to possess any political rights which the dominant race might not withhold or grant at their pleasure.

就这些州而言，显而易见的是，他们从未被视为该州人民或公民的一部分，也不应该拥有占主导地位的种族可能不会随意保留或授予的任何政治权利。

And as long ago as 1822, the Court of Appeals of Kentucky decided that free negroes and mulattoes were not citizens within the meaning of the Constitution of the United States; and the correctness of this decision is recognized, canal the same doctrine affirmed, in 1 Meigs's Tenn.

早在 1822 年，肯塔基州上诉法院就裁定，自由黑人和混血儿不是美国宪法意义上的公民；这一决定的正确性得到了承认，同样的学说在 1 Meigs 的 Tenn 中得到了肯定。

Reports, 331.

报告，331。

And if we turn to the legislation of the States where slavery had worn out, or measures taken for its speedy abolition, we shall find the same opinions and principles equally fixed and equally acted upon.

如果我们转向那些已经废除奴隶制的国家的立法，或者为迅速废除奴隶制而采取的措施，我们会发现同样的观点和原则同样得到了落实，同样得到了同样的行动。

Thus, Massachusetts, in 1786.

因此，1786 年的马萨诸塞州。

passed a law similar to the colonial one of which we have spoken.

通过了一项与我们所说的殖民地法律类似的法律。

The law of 1786, like the law of 1705, forbids the marriage of any white person with any negro, Indian, or mulatto, and inflicts a penalty of fifty pounds upon any one who shall join them in marriage; and declares all such marriages absolutely null and void, and degrades thus the unhappy issue of the marriage by fixing upon it the stain of bastardy.

1786 年的法律与 1705 年的法律一样，禁止任何白人与任何黑人、印第安人或混血儿结婚，并对任何与他们结婚的人处以 50 英镑的罚款；并宣布所有此类婚姻绝对无效，并通过给婚姻加上私生的污点来贬低婚姻的不幸问题。

And this mark of degradation was renewed and again impressed upon the race, in the careful and deliberate preparation of their revised code published in 1836.

1836 年，他们精心、深思熟虑地准备了修订后的法典，这种退化的痕迹再次在种族中得到体现。

This code forbids any person from joining in marriage any white person with any Indian, negro, or mulatto, and subjects the party who shall, offend, in this respect, to imprisonment, not exceeding six months in the common jail, or to hard labor, and to a fine of not less than fifty nor more than two hundred dollars; and like the law of 1786, it declares the marriage to be absolutely null and void.

该法禁止任何人与任何印第安人、黑人或混血儿通婚，违反此规定的一方将被处以不超过六个月的普通监狱监禁，或苦役，并处以不少于 50 美元至 200 美元的罚款；与1786年的法律一样，它宣布婚姻绝对无效。

It will be seen that the punishment is increased by the code upon the person who shall marry them, by adding imprisonment to a pecuniary penalty.

可以看出，该法对与他们结婚的人的惩罚加重了，在罚款的基础上增加了监禁。

So, too, in Connecticut.

康涅狄格州也是如此。

We refer more particularly to the legislation of this State, because it was not only among the first to put an end to slavery within its own territory, but was the first to fix a mark of reprobation upon the African slave trade.

我们特别提及该国的立法，因为它不仅是最早在其领土上结束奴隶制的国家之一，而且是第一个对非洲奴隶贸易作出谴责的国家。

The law last mentioned was passed in October, 1758, about nine months after the State had ratified and adopted the present Constitution of the United States; and by that law it prohibited its own citizens, under severe penalties, from engaging in the trade, and declared all policies of insurance on the vessel or cargo made in the State to be null and void.

最后提到的法律于 1758 年 10 月通过，即州批准并通过现行美国宪法约九个月后；根据该法，它禁止本国公民从事贸易，并处以严厉处罚，并宣布该国为船舶或货物制定的所有保险单均无效。

But up to the time of the adoption of the Constitution, there is nothing in the legislation of the State indicating any change of opinion as to the relative rights and position of the white and black races in this country, or indicating that it meant to place the latter, when free, upon a level with its citizens.

但截至宪法通过时，州立法中没有任何内容表明对该国白人和黑人种族的相对权利和地位的看法有任何变化，也没有表明它打算将后者在自由时置于与其公民同等的地位。

And certainly nothing which would have led the slaveholding States to suppose that Connecticut designed to claim for them, under the new Constitution, the equal rights and privileges and rank of citizens in every other State.

当然，没有什么会导致奴隶制州认为康涅狄格州打算根据新宪法要求他们与其他州的公民享有平等的权利、特权和等级。

The first step taken by Connecticut upon this subject was as early as 1774, when it passed an act forbidding the further importation of slaves Into the State.

康涅狄格州早在 1774 年就在这个问题上采取了第一步，当时它通过了一项法案，禁止进一步将奴隶输入该州。

But the section containing the prohibition is introduced by the following preamble:

但包含该禁令的部分是通过以下序言引入的：

"And whereas the increase of slaves in this State is injurious to the poor, and inconvenient."

“而这个州奴隶的增加对穷人来说是有害的，而且带来不便。”

This recital would appear to have been carefully introduced, in order to prevent any misunderstanding of the motive which induced the Legislature to pass the law, and places it distinctly upon the interest and convenience of the white population--excluding the inference that it might have been intended in any degree for the benefit of the other.

这段陈述似乎是经过仔细介绍的，目的是防止对立法机关通过该法律的动机产生任何误解，并将其明确置于白人的利益和便利之上——排除了该法律可能在任何程度上为他人利益而意图的推论。

And in the act of 1784, by which the issue of slaves, born after the time therein mentioned, were to be free at a certain age, the section is again introduced by a preamble assigning a similar motive for the act.

在 1784 年的法案中，规定在其中提到的时间之后出生的奴隶在一定年龄后将获得自由，该部分再次通过序言引入，为该法案指定了类似的动机。

It is in these words:

就是这样的话：

"Whereas sound policy requires that the abolition of slavery should be effected as soon as may be consistent with the rights of individuals, and the public safety and welfare"--showing that the right of property in the master was to be protected, and that the measure was one of policy, and to prevent the injury and inconvenience, to the whites, of a slave population in the State.

“而健全的政策要求在符合个人权利以及公共安全和福利的情况下尽快废除奴隶制”——这表明主人的财产权受到保护，而该措施是一项政策，旨在防止该州奴隶人口对白人造成伤害和不便。

And still further pursuing its legislation, we find that in the same statute passed in 1774, which prohibited the further importation of slaves into the State, there is also a provision by which any negro, Indian, or mulatto servant, who was found wandering out of the town or place to which he belonged, without a written pass such as is therein described, was made liable to be seized by any one, and taken before the next authority to be examined and delivered up to his master--who was required to pay the charge which had accrued thereby.

进一步追究其立法，我们发现，在1774年通过的禁止进一步将奴隶输入国家的同一法令中，还有一项规定，任何黑人、印第安人或混血儿仆人，如果被发现在他所属的城镇或地方徘徊，没有其中所述的书面通行证，则有可能被任何人扣押，并带到下一个当局接受检查并交给他的主人——主人必须支付由此产生的费用。

And a subsequent section of the same law provides, that if any free negro shall travel without such pass, and shall be stopped, seized, or taken up, he shall pay all charges arising thereby.

同一法律的后续部分规定，如果任何自由黑人在没有此类通行证的情况下旅行并被拦截、扣押或带走，他应支付由此产生的所有费用。

And this law was in full operation when the Constitution of the United States was adopted, and was not repealed till 1797.

这条法律在美国宪法通过时就开始全面实施，直到1797年才被废除。

So that up to that time free negroes and mulattoes were associated with servants and slaves in the police regulations established by the laws of the State.

因此，直到那时，在国家法律制定的警察条例中，自由黑人和黑白混血儿仍与仆人和奴隶联系在一起。

And again, in 1833, Connecticut passed another law, which made it penal to set up or establish any school in that State for the instruction of persons of the African race not inhabitants of the State, or to instruct or teach in any such school or institution, or board or harbor for that purpose, any such person, without the previous consent in writing of the civil authority of the town in which such school or institution might be.

1833年，康涅狄格州又通过了另一项法律，规定在该州设立或建立任何学校来教育非该州居民的非洲人种，或在任何此类学校或机构中指导或教学，或为此目的而寄宿或港口任何此类人，未经此类学校或机构可能所在城镇的民政当局事先书面同意，将受到处罚。

And it appears by the case of Crandall v.

克兰德尔诉美国一案就表明了这一点。

the State, reported in 10 Conn.

康涅狄格州 10 号报道。

Rep., 340, that upon an information filed against Prudence Crandall for a violation of this law, one of the points raised in the defence was, that the law was a violation of the Constitution of the United States; and that the persons instructed, although of the African race, were citizens of other States, and therefore entitled to the rights and privileges of citizens in the State of Connecticut.

众议员，340，在收到针对普鲁登斯·克兰德尔违反该法律的信息后，辩护中提出的要点之一是该法律违反了美国宪法；接受指导的人虽然是非洲人种，但却是其他州的公民，因此有权享有康涅狄格州公民的权利和特权。

But Chief Justice Dagget, before whom the case was tried, held, that persons of that description were not citizens of a State, within the meaning of the word citizen in the Constitution of the United States, and were not therefore entitled to the privileges and immunities of citizens in other States.

但审理此案的首席大法官达吉特认为，根据美国宪法中“公民”一词的含义，此类人不是一个州的公民，因此无权享有其他州公民的特权和豁免权。

The case was carried up to the Supreme Court of Errors of the State, and the question fully argued there.

该案被提交至州最高法院，该问题在那里得到了充分的辩论。

But the case went off upon another point, and no opinion was expressed on this question.

但案件却转向了另一点，对此问题没有发表任何意见。

We have made this particular examination into the legislative and judicial action of Connecticut, because, from the early hostility it displayed to the slave trade on the coast of Africa, we may expect to find the laws of that State as lenient and favorable to the subject race as those of any other State in the Union; and if we find that at the time the Constitution was adopted, they were not even there raised to the rank of citizens, but were still held and treated as property, and the laws relating to them passed with reference altogether to the interest and convenience of the white race, we shall hardly find them elevated to a higher rank anywhere else.

我们对康涅狄格州的立法和司法行动进行了这一特殊审查，因为从它早期对非洲沿海奴隶贸易表现出的敌意来看，我们可能会发现该州的法律与联盟中任何其他州的法律一样对臣民种族宽容和有利；如果我们发现在宪法通过时，他们甚至没有被提升到公民的地位，而是仍然被视为财产并被视为财产，并且与他们有关的法律完全考虑到白人的利益和便利而通过，那么我们在其他任何地方都很难发现他们被提升到更高的地位。

A brief notice of the laws of two other States, and we shall pass on to other considerations.

简要介绍一下其他两个州的法律，然后我们将讨论其他考虑因素。

By the laws of New Hampshire, collected and finally passed in 1815, no one was permitted to be enrolled in the militia of the State but free white citizens; and the same provision is found in a subsequent collection of the laws, made in 1855.

根据 1815 年收集并最终通过的新罕布什尔州法律，除了自由白人公民外，任何人都不得加入该州的民兵部队； 1855 年制定的后续法律集中也有同样的规定。

Nothing could more strongly mark the entire repudiation of the African race.

没有什么比这更强烈地标志着对非洲种族的彻底否定了。

The alien is excluded, because, being born in a foreign country, he cannot be a member of the community until he is naturalized.

外国人被排除在外，因为他出生在外国，在入籍之前不能成为社区的成员。

But why are the African race, born in the State, not permitted to share in one of the highest duties of the citizen?

但是，为什么在国家出生的非洲种族不允许分担公民的一项最高职责呢？

The answer is obvious; he is not, by the institutions and laws of the State, numbered among its people.

答案是显而易见的；根据国家机构和法律，他不属于国家人民。

He forms no part of the sovereignty of the State and is not therefore called on to uphold and defend it.

他不属于国家主权的一部分，因此没有义务维护和捍卫国家主权。

Again, in 1822, Rhode Island, in its revised code, passed a law forbidding persons who were authorized to join persons in marriage, from joining in marriage any white person with any negro, Indian, or mulatto, under the penalty of two hundred dollars, and declaring all such marriages absolutely null and void; and the same law was again re enacted in its revised code of 1844.

1822年，罗德岛州在其修订的法典中再次通过了一项法律，禁止被授权结婚的人与任何黑人、印第安人或混血儿结婚，违者将处以两百美元的罚款，并宣布所有此类婚姻绝对无效； 1844 年修订的法典中再次颁布了同样的法律。

So that, down to the last-mentioned period, the strongest mark of inferiority and degradation was fastened upon the African race in that State.

因此，直到最后提到的时期，该国的非洲种族都被贴上了最强烈的自卑和堕落的标记。

It would be impossible to enumerate and compress in the space usually allotted to an opinion of a court, the various laws, marking the condition of this race, which were passed from time to time after the Revolution, and before and since the adoption of the Constitution of the United States.

在通常分配给法院意见的篇幅中，不可能列举和压缩标志着这场种族状况的各种法律，这些法律在革命之后以及美国宪法通过之前和之后不时通过。

In addition to those already referred to, it is sufficient to say, that Chancellor Kent, whose accuracy and research no one will question, states in the sixth edition of his Commentaries (published in 1848, 2 vols., 258, note b, ) that in no part of the country except Maine, did the African race, in point of fact, participate equally with the whites in the exercise of civil and political rights.

除了已经提到的那些之外，足以说的是，肯特总理的准确性和研究无人会质疑，他在第六版《评论》（1848 年出版，第 2 卷，258，注 b）中指出，除了缅因州以外，在该国的任何地方，非洲种族事实上都与白人平等地参与行使公民权利和政治权利。

The legislation of the States therefore shows, in a manner not to be mistaken, the inferior and subject condition of that race at the time the Constitution was adopted, and long afterwards, throughout the thirteen States by which that instrument was framed; and it is hardly consistent with the respect due to these States, to suppose that they regarded at that time, as fellow-citizens and members of the sovereignty, a class of beings whom they had thus stigmatized; whom, as we are bound, out of respect to the State sovereignties, to assume they had deemed it just and necessary thus to stigmatize, and upon whom they had impressed such deep and enduring marks of inferiority and degradation; or, that when they met in convention to form the Constitution, they looked upon them as a portion of their constituents, or designed to include them in the provisions so carefully inserted for the security and protection of the liberties and rights of their citizens.

因此，各州的立法以一种不容误解的方式表明了该种族在宪法通过时以及很久之后制定该文书的十三个州的劣等和臣民状况；如果认为这些国家当时将他们视为同胞公民和主权成员，因此认为他们是这样侮辱的一个阶级，那么这与对这些国家应有的尊重是不相符的；出于对国家主权的尊重，我们有义务假设他们认为这样侮辱他们是公正和必要的，他们给他们留下了如此深刻而持久的自卑和堕落的印记；或者，当他们召开会议制定宪法时，他们将他们视为选民的一部分，或者旨在将他们纳入精心插入的条款中，以确保其公民的自由和权利的安全和保护。

It cannot be supposed that they intended to secure to them rights, and privileges, and rank, in the new political body throughout the Union, which every one of them denied within the limits of its own dominion.

不能认为他们打算在整个联邦的新政治机构中确保自己的权利、特权和地位，而他们每个人都在自己的统治范围内否认这些权利、特权和地位。

More especially, it cannot be believed that the large slaveholding States regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another State.

更特别的是，我们不能相信大型蓄奴州将他们视为公民，或者同意制定一部可能迫使他们从另一个州接受这种性质的宪法。

For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own satiety.

因为如果他们受到这样的接待，并有权享有公民的特权和豁免权，那么他们就可以免受特别法律和警察法规的约束，而他们认为这些法律和警察法规对于他们自己的满足是必要的。

It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.

它将给予在任何一个联邦州被承认为公民的黑人种族的人，有权在他们愿意的时候单独或结伴进入任何其他州，无需通行证或护照，不受阻碍，可以在该州逗留多久，可以在白天或晚上的任何时候去他们想去的地方而不受骚扰，除非他们犯了一些白人会受到惩罚的法律；它将给予他们在公开和私下就其本国公民可以谈论的所有主题发表言论的充分自由；就政治事务举行公开会议，并无论走到哪里都持有和携带武器。

And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.

而这一切都是在同一肤色的臣民种族（无论是自由人还是奴隶）面前进行的，不可避免地会在他们中间产生不满和不服从，并危及国家的和平与安全。

It is impossible, it would seem, to believe that the great men of the slaveholding States, who took so large a share in framing the Constitution of the United States, and exercised so much influence in procuring its adoption, could have been so forgetful or regardless of their own safety and the safety of those who trusted and confided in them.

似乎不可能相信，蓄奴州的伟人在制定美国宪法方面发挥了如此大的作用，并在促使宪法通过方面发挥了如此大的影响力，他们竟然会如此健忘，或者不顾自己的安全以及那些信任和信任他们的人的安全。

Besides, this want of foresight and care would have been utterly inconsistent with the caution displayed in providing for the admission of new members into this political family.

此外，这种缺乏远见和关怀的做法与在接纳新成员加入这个政治大家庭时所表现出的谨慎态度是完全不一致的。

For, when they gave to the citizens of each State the privileges and immunities of citizens in the several States, they at the same time took from the several States the power of naturalization, and confined that power exclusively to the Federal Government.

因为，当他们给予每个州的公民一些州公民的特权和豁免权时，他们同时从几个州夺走了入籍的权力，并将这种权力仅限于联邦政府。

No State was willing to permit another State to determine who should or should not be admitted as one of its citizens, and entitled to demand equal rights and privileges with their own people, within their own territories.

没有一个国家愿意允许另一个国家决定谁应该或不应该被接纳为其公民，并有权在自己的领土上要求与本国人民平等的权利和特权。

The right of naturalization was therefore, with one accord, surrendered by the States, and confided to the Federal Government.

因此，各州一致同意将入籍权交给联邦政府。

And this power granted to Congress to establish an uniform rule of naturalization is, by the well understood meaning of the word, confined to persons born in a foreign country, under a foreign Government.

授予国会制定统一入籍规则的权力，从众所周知的含义来看，仅限于在外国出生、在外国政府统治下的人。

It is not a power to raise to the rank of a citizen any one born in the United States, who from birth or parentage, by the laws of the country, belongs to an inferior and subordinate class.

它没有权力将任何在美国出生的人提升为公民，根据该国的法律，这些人从出生或父母身份就属于下等和从属阶级。

And when we find the States guarding themselves from the indiscreet or improper admission by other States of emigrants from other countries, by giving the power exclusively to Congress, we cannot fail to see that they could never have left with the States a much more important power--that is, the power of transforming into citizens a numerous class of persons, who in that character would be much more dangerous to the peace and safety of a large portion of the Union, than the few foreigners one of the States might improperly naturalize.

当我们发现各州通过将权力完全交给国会来保护自己免受其他州轻率或不当接纳来自其他国家的移民时，我们不能不看到，他们永远不会给各州留下更重要的权力，即使众多阶层的人转变为公民的权力，在这种情况下，这些人对联邦大部分地区的和平与安全比一个州可能不当入籍的少数外国人要危险得多。

The Constitution upon its adoption obviously took from the States all power by any subsequent legislation to introduce as a citizen into the political family of the United States any one, no matter where he was born, or what might be his character or condition; and it gave to Congress the power to confer this character upon those only who were born outside of the dominions of the United States.

宪法一经通过，显然就剥夺了各州通过任何后续立法将任何人作为公民引入美国政治家庭的所有权力，无论他出生在哪里，也无论他的性格或状况如何；它赋予国会权力，仅将这种特性赋予那些在美国领土之外出生的人。

And no law of a State, therefore, passed since the Constitution was adopted, can give any right of citizenship outside of its own territory.

因此，自宪法通过以来，任何州通过的法律都不能赋予其领土之外的任何公民权利。

A clause similar to the one in the Constitution, in relation to the rights and immunities of citizens of one State in the other States, was contained in the Articles of Confederation.

《邦联条款》中载有一项与《宪法》类似的条款，涉及一州公民在其他州的权利和豁免。

But there is a difference of language, which is worthy of note.

但语言上存在差异，这一点值得注意。

The provision in the Articles of Confederation was "that the free inhabitants of each of the States, paupers, vagabonds, and fugitives from justice, excepted, should be entitled to all the privileges and immunities of free citizens in the several States."

《邦联条例》规定：“各州的自由居民，除乞丐、流浪汉和逃犯外，均应享有各州自由公民的一切特权和豁免权。”

It will be observed, that under this Confederation, each State had the right to decide for itself, and in its own tribunals, whom it would acknowledge as a free inhabitant of another State.

值得注意的是，在这个联邦之下，每个州都有权在自己的法庭上为自己做出决定，并承认谁是另一个州的自由居民。

The term free inhabitant, in the generality of its terms, would certainly include one of the African race who had been manumitted.

自由居民一词，就其一般性而言，肯定包括被释放的非洲种族之一。

But no example, we think, can be found of his admission to all the privileges of citizenship in any State of the Union after these Articles were formed, and while they continued in force.

但我们认为，在这些条款形成后及其继续有效期间，没有任何例子表明他承认任何联邦州的公民的所有特权。

And, notwithstanding the generality of the words "free inhabitants," it is very clear that, according to their accepted meaning in that day, they did not include the African race, whether free or not: for the fifth section of the ninth article provides that Congress should have the power "to agree upon the number of land forces to be raised, and to make requisitions from each State for its quota in proportion to the number of white inhabitants in such State, which requisition should be binding."

而且，尽管“自由居民”一词具有普遍性，但很明显，根据当时人们所接受的含义，它们并不包括非洲种族，无论是否自由：因为第九条第五节规定，国会应有权“商定要征集的陆军数量，并根据各州白人居民人数的比例向各州申请配额，该申请应具有约束力”。

Words could hardly have been used which more strongly mark the line of distinction between the citizen and the subject; the free and the subjugated races.

很难用言语来更强烈地划清公民和臣民之间的界限。自由种族和被征服种族。

The latter were not even counted when the inhabitants of a State were to be embodied in proportion to its numbers for the general defence.

当一个国家的居民按照其总防御人数的比例来体现时，后者甚至不被计算在内。

And it cannot for a moment be supposed, that a class of persons thus separated and rejected from those who formed the sovereignty of the States, were yet intended to be included under the words "free inhabitants," in the preceding article, to whom privileges and immunities were so carefully secured in every State.

暂时不能认为，这样与形成国家主权的人分离和排斥的一类人，仍打算被包括在上一条中的“自由居民”一词之下，而每个国家都如此仔细地保障了他们的特权和豁免。

But although this clause of the Articles of Confederation is the same in principle with that inserted in the Constitution, yet the comprehensive word inhabitant, which might be construed to include an emancipated slave, is omitted; and the privilege is confined to citizens of the State.

但是，虽然《邦联条例》的这一条款原则上与宪法中的条款相同，但省略了可能被解释为包括被解放的奴隶的综合词“居民”；该特权仅限于该国公民。

And this alteration in words would hardly have been made, unless a different meaning was intended to be conveyed, or a possible doubt removed.

除非想要传达不同的含义，或者消除可能的疑问，否则几乎不会进行这种措辞上的改变。

The just and fair inference is, that as this privilege was about to be placed under the protection of the General Government, and the words expounded by its tribunals, and all power in relation to it taken from the State and its courts, it was deemed prudent to describe with precision and caution the persons to whom this high privilege was given--and the worn citizen was on that account substituted for the words free inhabitant.

公正而公平的推论是，由于这项特权即将受到联邦政府的保护，其法庭的裁决以及与此相关的所有权力均从州及其法院手中夺取，因此谨慎地准确描述并谨慎地描述获得这一崇高特权的人被认为是明智的——因此，疲惫的公民被替换为“自由居民”一词。

The word citizen excluded, and no doubt intended to exclude, foreigners who had not become citizens of some one of the States when the Constitution was adopted; and also every description of persons who were not fully recognised as citizens in the several States.

“公民”一词排除了，而且毫无疑问地意图排除在宪法通过时尚未成为某个州公民的外国人；以及在几个州没有被完全承认为公民的人的各种描述。

This, upon any fair construction of the instruments to which we have referred, was evidently the object and purpose of this change of words.

根据我们所提到的文书的任何合理解释，这显然是这次措辞变化的目的和目的。

To all this mass of proof we have still to add, that Congress has repeatedly legislated upon the same construction of the Constitution that we have given.

对于所有这些大量证据，我们仍然需要补充一点，国会已经多次根据我们所给出的宪法解释进行立法。

Three laws, two of which were passed almost immediately after the Government went into operation, will be abundantly sufficient to show this.

三项法律，其中两项几乎是在政府上任后立即通过的，足以证明这一点。

The two first are particularly worthy of notice, because many of the men who assisted in framing the Constitution, and took an active part in procuring its adoption, were then in the halls of legislation, and certainly understood what they meant when they used the words "people of the United States" and "citizen" in that well-considered instrument.

前两者特别值得关注，因为许多协助制定宪法并积极参与促使宪法通过的人当时身处立法大厅，并且当然理解他们在这部经过深思熟虑的文书中使用“美国人民”和“公民”这两个词的含义。

The first of these acts is the naturalization law, which was passed at the second session of the first Congress.

第一项法案是第一届国会第二次会议通过的《入籍法》。

March 26, 1790, and confines the right of becoming citizens " to aliens being free white persons "

1790 年 3 月 26 日，并将成为公民的权利限制为“作为自由白人的外国人”

Now, the Constitution does not limit the power of Confess in this respect to white persons.

现在，宪法并没有限制白人在这方面的认罪权。

And they may, if they think proper, authorize the naturalization of any one of any color, who was born trader allegiance to another Government.

如果他们认为合适的话，他们可以授权任何肤色的人入籍，只要他们天生是效忠另一个政府的商人。

But the language of the law above quoted, shows that citizenship at that time was perfectly understood to be confined to the white race; and that they alone constituted the sovereignty in the government.

但上述法律的语言表明，当时的公民身份被完全理解为仅限于白人；并且只有他们才构成政府的主权。

Congress might, as we before said, have authorized the naturalization of Indians, because they were aliens and foreigners.

正如我们之前所说，国会可能会授权印第安人入籍，因为他们是外国人。

But, in their then untutored and savage state, no one would have thought of admitting them as citizens in a civilized community.

但是，在他们当时未经教养和野蛮的状态下，没有人会想到承认他们为文明社会的公民。

And, moreover, the atrocities they had but recently committed, when they were the allies of Great Britain in the Revolutionary war, were yet fresh in the recollect on of the people of the United States, and they were even then guarding themselves against the threatened renewal of Indian hostilities.

此外，美国人民对他们刚刚在独立战争中与英国结盟时所犯下的暴行还记忆犹新，而且他们甚至在那时就在防范印第安人重新发动敌对行动的威胁。

No one supposed then that any Indian would ask for, or was capable of enjoying the privileges of an American citizen, and the word white was not used with any particular reference to them.

当时没有人认为任何印第安人会要求或有能力享受美国公民的特权，并且“白人”一词也没有专门指代他们。

Neither was it used with any reference to the African race imported into or born in this country; because Congress had no power to naturalize them, and therefore there was no necessity for using particular words to exclude them.

它也没有提及传入或出生在这个国家的非洲种族；因为国会无权将他们归化，因此没有必要使用特定的词语来排除他们。

It would seem to have been used merely because it followed out the line of division which the Constitution has drawn between the citizen race, who formed and held the Government, and the African race, which they held in subject on and slavery, and governed at their own pleasure.

它的使用似乎仅仅是因为它遵循了宪法在公民种族和非洲种族之间划定的界限，公民种族组成并掌握政府，而非洲种族则是他们的臣民和奴隶，并按照自己的意愿进行统治。

Another of the early laws of which we have spoken, is the first militia law, which was passed in 1792, at the first session of the second Congress.

我们谈到的另一部早期法律是第一部民兵法，它于 1792 年第二届国会第一次会议上通过。

The language of this law is equally plain and significant with the one just mentioned.

该法律的语言与刚才提到的语言同样简单且有意义。

It directs that every "free able-bodied white male citizen" shall be enrolled in the militia.

它指示每个“自由、身体健全的白人男性公民”都应加入民兵。

The word white is evidently used to exclude the African race, and the word "citizen" to exclude unnaturalized foreigners; the latter forming no part of the sovereignty, owing it no allegiance, and therefore under no obligation to defend it.

白人这个词显然是用来排除非洲人种的，而“公民”这个词显然是用来排除非归化的外国人的；后者不构成主权的一部分，不效忠主权，因此没有义务捍卫主权。

The African race, however, born in the country, did owe allegiance to the Government, whether they were slaves or free; but it is repudiated and rejected from the duties and obligations of citizenship in marked language.

然而，出生在这个国家的非洲种族，无论是奴隶还是自由人，都必须效忠政府；但它却被用有标记的语言否定和拒绝了公民的义务和义务。

The third act to which we have alluded is even still more decisive; it was passed as late as 1813, (2 Stat, 809,) and it provides: "that from and after the termination of the war in which the United States are now engaged with Great Britain, it shall not be lawful to employ, on board of any public or private vessels of the United States, any person or persons except citizens of the United States, or persons of color, natives of the United States."

我们提到的第三个行动甚至更具决定性。该法案迟至 1813 年才通过（2 Stat, 809），其中规定：“自美国与英国交战之日起及结束后，在美国的任何公共或私人船只上雇用除美国公民或美国本土有色人种以外的任何人都是不合法的。”

Here the line of distinction is drawn in express words.

这里的区别线是用明确的词语划定的。

Persons of color, in the judgment of Congress, were not included in the word citizens, and they are described as another and different class of persons, and authorized to be employed, if born in the United States.

根据国会的判断，有色人种不包括在“公民”一词中，他们被描述为另一类不同的人，如果出生在美国，则有权就业。

And even as late as 1820, (chap.

甚至迟至 1820 年，（第 1 章）

104, sec.

104，秒。

8,) in the charter to the city of Washington, the corporation is authorized "to restrain and prohibit the nightly and other disorderly meetings of slaves, free negroes, and mulattoes," thus associating them together in its legislation; and after prescribing the punishment that may be inflicted on the slaves, proceeds in the following words: "And to punish such free negroes and mulattoes by penalties not exceeding twenty dollars for any one offence; and in case of the inability of any such free negro or mulatto to pay any such penalty and cost thereon, to cause him or her to be confined to labor for any time not exceeding six calendar mouths." And in a subsequent part of the same section, the act authorizes the corporation "to prescribe the terms and conditions upon which free negroes and mulattoes may reside in the city."

8）在华盛顿市宪章中，该公司有权“限制和禁止奴隶、自由黑人和混血儿的夜间集会和其他无序集会”，从而在其立法中将他们联系在一起；在规定了对奴隶可能施加的惩罚之后，接着说：“对这些自由黑人和混血儿的任何一项罪行处以不超过二十美元的罚款；如果任何这样的自由黑人或混血儿无力支付任何此类罚款和费用，则使他或她被限制劳动，时间不超过六个历月。”在同一节的后续部分中，该法案授权公司“规定自由黑人和混血儿可以在城市居住的条款和条件”。

This law, like the laws of the States, shows that this class of persons were governed by special legislation directed expressly to them, and always connected with provisions for the government of slaves, and not with those for the government of free white citizens.

该法律与各州法律一样，表明这一阶层的人受到明确针对他们的特别立法的管辖，并且始终与奴隶政府的条款有关，而不是与自由白人公民政府的条款有关。

And after such an uniform course of legislation as we have stated, by the colonies, by the States, and by Congress, running through a period of more than a century, it would seem that to call persons thus marked and stigmatized, "citizens" of the United States, "fellow-citizens," a constituent part of the sovereignty, would be an abuse of terms, and not calculated to exalt the character or an American citizen in the eyes of other nations.

正如我们所说，殖民地、各州和国会经过一个多世纪的统一立法进程后，将受到如此标记和污名的人称为美国的“公民”、“同胞公民”、主权的组成部分似乎是一种滥用术语，而且无意于在其他国家眼中提升美国公民的品格或形象。

The conduct of the Executive Department of the Government has been in perfect harmony upon this subject with this course of legislation.

政府行政部门在这一问题上的行为与立法进程完全一致。

The quotation was brought officially before the late William Wirt, when be was the Attorney General of the United States, in 1821, and he decided that the words "citizens of the United States" were used in the acts of Congress in the same sense as in the Constitution; and that free persons of color were not citizens, within the meaning of the Constitution and laws; and this opinion has been confirmed by that of the late Attorney General, Caleb Cushing, in a recent case, and acted upon by the Secretary of State, who refused to grant passports to them as "citizens of the United States."

1821 年，这句话被正式提交给已故的威廉·沃特（William Wirt），当时他是美国司法部长，他决定在国会法案中使用“美国公民”一词，其含义与宪法中的含义相同；根据宪法和法律的含义，有色人种自由人不是公民；这一观点在最近的一个案件中得到了已故司法部长凯莱布·库欣 (Caleb Cushing) 的证实，并得到国务卿的采纳，国务卿拒绝向他们授予“美国公民”护照。

But it is said that a person may be a citizen, and entitled to that character, although he does not possess all the rights which may belong to other citizens; as, for example, the right to vote, or to hold particular offices; and that yet, when he goes into another State, he is entitled to be recognized there as a citizen, although the State may measure his rights by the rights which it allows to persons of a like character or class resident in the State, and refuse to him the full rights of citizenship.

但据说，一个人可以是公民，并有权享有这种性格，尽管他不拥有可能属于其他公民的所有权利；例如，投票权或担任特定职务的权利；然而，当他进入另一个国家时，他有权在那里被承认为公民，尽管该国可以通过允许该国具有类似性格或阶级的居民的权利来衡量他的权利，并拒绝他享有公民身份的全部权利。

This argument overlooks the language of the provision in the Constitution of which we are speaking.

这一论点忽略了我们正在谈论的宪法条款的语言。

Undoubtedly, a person may be a citizen, that is, a member of the community who form the sovereignty, although he exercises no share of the political power, and is incapacitated from holding particular office.

毫无疑问，一个人可以是公民，即构成主权的共同体的成员，尽管他不行使政治权力，也没有能力担任特定职务。

Women and minors, who form a part of the political family, cannot vote; and when a property qualification is required to vote or hold a particular office, those who have not the necessary qualification cannot vote or hold the office, yet they are citizens.

妇女和未成年人是政治家庭的一部分，不能投票；当投票或担任特定职务需要财产资格时，没有必要资格的人不能投票或担任职务，但他们是公民。

So, too, a person may be entitled to vote by the law of the State, who is not a citizen even of the State itself.

因此，一个人即使不是该州本身的公民，也可能有权根据该州的法律进行投票。

And in some of the States of the Union foreigners not naturalized are allowed to vote.

在美国的一些州，未入籍的外国人也可以投票。

And the State may give the right to free negroes and mulattoes, but that does not make them citizens of the State, and still less of the United States.

国家可以赋予黑人和混血儿自由的权利，但这并不能使他们成为该州的公民，更不用说成为美国的公民了。

And the provision in the Constitution giving privileges and immunities in other States, does not apply to them.

而宪法中给予其他州特权和豁免权的条款并不适用于他们。

Neither does it apply to a person who, being the citizen of a State, migrates to another State.

它也不适用于作为一个国家的公民移民到另一个国家的人。

For then he becomes subject to the laws of the State in which he lives, and he is no longer a citizen of the State from which he removed.

因为那时他就受到他所居住的州的法律的约束，并且他不再是他离开的州的公民。

And the State in which he resides may then, unquestionably, determine his status or condition, and place him among the class of persons who are not recognized as citizens, but belong to an inferior and subject race; and may deny him the privileges and immunities enjoyed by its citizens.

然后，他所居住的国家可以毫无疑问地确定他的地位或状况，并将他置于不被承认为公民、而是属于低等和受制种族的人的类别中；并可能剥夺他其公民享有的特权和豁免权。

But so far as mere rights of persons are concerned, the provision in question is confined to citizens of a State who are temporarily in another State without taking up their residence there.

但就纯粹的人的权利而言，有关规定仅限于暂时居住在另一国而不在那里居住的一国公民。

It gives them no political rights in the State, as to voting or holding office, or in any other respect.

它不赋予他们在国家的政治权利，如投票权、担任公职或任何其他方面的权利。

For a citizen of one State has no right to participate in the government of another.

因为一国公民无权参与另一国政府。

But if he ranks as a citizen in the State to which he belongs, within the meaning of the Constitution of the United States, then, whenever he goes into another State, the Constitution clothes him, as to the rights of person, with all the privileges and immunities which belong to citizens of the State.

但是，如果他在美国宪法的含义内被列为其所属州的公民，那么，每当他进入另一个州时，宪法就人身权利赋予他属于该州公民的所有特权和豁免权。

And if persons of the African race are citizens of a State, and of the United States, they would be entitled to all these privileges and immunities in every State, and the State could not restrict them; for they would hold these privileges and immunities under the paramount authority of the Federal Government, and its courts would be bound to maintain and enforce them, the Constitution and laws of the State to the contrary notwithstanding.

如果非洲人种是一个国家的公民，并且是美国的公民，他们将有权在每个国家享有所有这些特权和豁免，国家不能限制他们；因为他们将在联邦政府的最高权力下拥有这些特权和豁免权，并且联邦政府的法院有义务维持和执行这些特权和豁免权，尽管州宪法和法律有相反的规定。

And if the States could limit or restrict them, or place the party in an inferior grade, this clause of the Constitution would be unmeaning, and could have no operation; and would give no rights to the citizen when in another State.

如果各州可以限制或约束他们，或者将政党置于较低的地位，那么宪法的这一条款就毫无意义，也无法发挥作用；并且不会赋予公民在另一个国家时的任何权利。

He would have none but what the State itself chose to allow him.

除了国家本身选择允许他的东西之外，他什么都不会。

This is evidently not the construction or meaning of the clause in question.

这显然不是该条款的结构或含义。

It guaranties rights, to the citizen, and the State cannot withhold them.

它保障公民的权利，国家不能扣留这些权利。

And these rights are of a character and weald lead to consequences, which make it absolutely certain that the African race were not included under the name of citizens of a State, and were not in the contemplation of the framers of the Constitution when these privileges and immunities were provided for the protection of the citizen in other States.

这些权利具有一定的性质，并且会导致后果，这使得绝对可以肯定的是，非洲种族不包括在一个国家公民的名义下，并且当这些特权和豁免是为了保护其他国家的公民而提供时，也不在宪法制定者的考虑范围内。

The case of Legrand v.

罗格朗诉案子

Darnall (2 Peters, 664) has been referred to for the purpose of showing that this court has decided that the descendant of a slave may sue as a citizen in a court of the United States; but the case itself shows that the question did not arise and could not have arisen in the case.

引用 Darnall (2 Peters, 664) 的目的是为了表明本法院已决定奴隶的后裔可以作为公民在美国法院提起诉讼；但案件本身表明，该问题并未出现，也不可能在该案中出现。

It appears from the report, that Darnall was born in Maryland, and was the son of a white man by one of his slaves, and his father executed certain instruments to manumit him, and devised to him some landed property in the State.

从报告中可以看出，达纳尔出生在马里兰州，是一名白人与一名奴隶所生的儿子，他的父亲执行了某些文书来释放他，并为他设计了该州的一些土地财产。

This property Darnall afterwards sold to Legrand, the appellant, who gave his notes for the purchase-money.

达纳尔后来将这处房产卖给了上诉人罗格朗，罗格朗提供了购买资金的票据。

But becoming afterwards apprehensive that the appellee had not been emancipated according to the laws of Maryland, he refused to pay the notes until he could be better satisfied as to Darnall's right to convey.

但后来他担心被上诉人没有根据马里兰州法律获得解放，因此拒绝支付票据，直到他对达纳尔的转让权更加满意为止。

Darnall, in the mean time, had taken up his residence in Pennsylvania, and brought suit on the notes, and recovered judgment in the Circuit Court for the district of Maryland.

与此同时，达纳尔已在宾夕法尼亚州定居，并就票据提起诉讼，并在马里兰州巡回法院恢复了判决。

The whole proceeding, as appears by the report, was an amicable one; Legrand being perfectly willing to pay the money, if he could obtain a title, and Darnall not wishing him to pay unless he could make him a good one.

报告显示，整个诉讼过程是友好的。如果罗格朗能够获得一个头衔，他完全愿意付钱，而达纳尔则不希望他付钱，除非他能让他成为一个好头衔。

In point of fact, the whole proceeding was under the direction of the counsel who argued the case for the appellee, who was the mutual friend of the parties, and confided in by both of them, and whose only object was to have the rights of both parties established by judicial decision in the most speedy and least expensive manner.

事实上，整个诉讼过程是在为被上诉人辩护的律师的指导下进行的，该律师是双方共同的朋友，也是双方的信赖，其唯一的目的就是以最迅速、最便宜的方式通过司法判决确立双方的权利。

Legrand, therefore, raised no objection to the jurisdiction of the court in the suit at law, because he was himself anxious to obtain the judgment of the court upon his title.

因此，罗格朗对法院在诉讼中的管辖权没有提出异议，因为他本人也急于获得法院对他的所有权的判决。

Consequently, there was nothing in the record before the court to show that Darnell, who was of African descent, and the usual judgment and award of execution was entered.

因此，法庭上的记录中没有任何内容表明达内尔是非洲裔，并作出了通常的判决和执行判决。

And Legrand thereupon filed his bill on the equity side of the Circuit Court, stating that Darnall was born a slave, and had not been legally emancipated, and could not therefore take the land devised to him, nor make Legrand a good title; and praying an injunction to restrain Darnall from proceeding to execution on the judgment, which was granted.

罗格朗随即向巡回法院的衡平法提出了他的法案，指出达纳尔出生时是奴隶，并没有合法地获得解放，因此不能获得为他设计的土地，也不能使罗格朗成为一个好的所有权；并请求颁布禁令，阻止达纳尔继续执行判决，该判决已获得批准。

Darnall answered, averring in his answer that he was a free man, and capable of conveying a good title.

达纳尔回答道，他在回答中坚称自己是一个自由人，有能力传达一个好的头衔。

Testimony was taken on this point, and at the hearing the Circuit Court was of opinion that Darnall was a free man and his title good, and dissolved the injunction and dismissed the bill; and that decree was affirmed here, upon the appeal of Legrand.

就这一点进行了证词，巡回法院在听证会上认为达纳尔是自由人，其所有权良好，因此解除了禁令并驳回了该法案；根据罗格朗的上诉，该法令在此得到确认。

Now, it is difficult to imagine how any question about the citizenship of Darnall, or his right to sue in that character, can be supposed to have arisen or been decided in that case.

现在，很难想象在这种情况下，关于达纳尔的公民身份或他以这种身份提起诉讼的权利的任何问题如何会出现或得到裁决。

The fact that he was of African descent was first brought before the court upon the bill in equity.

他是非洲人后裔的事实首先是根据衡平法法案提交法院的。

The suit at law had then passed into judgment and award of execution, and the Circuit Court, as a court of law, had no longer any authority over it.

诉讼随后进入判决并裁决执行，而巡回法院作为法院，不再对此拥有任何权力。

It was a valid and legal judgment, which the court that rendered it had not the power to reverse or set aside.

这是一项有效且合法的判决，做出该判决的法院无权推翻或撤销该判决。

And unless it had jurisdiction as a court of equity to restrain him from using its process as a court of law, Darnall, if he thought proper, would have been at liberty to proceed on his judgment, and compel the payment of the money, although the allegations in the bill were true, and he was incapable of making a title.

除非达纳尔拥有衡平法院的管辖权来限制他使用法院的程序，否则达纳尔（如果他认为适当的话）将可以自由地继续他的判决，并强制支付这笔钱，尽管该法案中的指控是真实的，而且他没有能力获得所有权。

No other court could have enjoined him, for certainly no State equity court could interfere in that way with the judgment of a Circuit Court of the United States.

没有其他法院可以禁止他，因为当然没有州衡平法院可以以这种方式干预美国巡回法院的判决。

But the Circuit Court as a court of equity certainly had equity jurisdiction over its own judgment as a court of law, without regard to the character of the parties; and had not only the right, but it was its duty--no matter who were the parties in the judgment--to prevent them from proceeding to enforce it by execution, if the court was satisfied that the money was not justly and equitably due.

但巡回法院作为衡平法法院当然对自己作为法院的判决拥有衡平管辖权，而无需考虑当事人的性质；如果法院确信这笔钱没有公正和公平地到期，那么它不仅有权利，而且有义务——无论判决中的当事人是谁——阻止他们通过执行来执行判决。

The ability of Darnall to convey did not depend upon his citizenship, but upon his title to freedom.

达纳尔的表达能力并不取决于他的公民身份，而是取决于他的自由权。

And if he was free, he could hold and convey property, by the laws of Maryland, although he was not a citizen.

如果他是自由的，他可以根据马里兰州的法律持有和转让财产，尽管他不是公民。

But if he was by law still a slave, he could not.

但如果根据法律他仍然是奴隶，他就不能这样做。

It was therefore the duty of the court, sitting as a court of equity in the latter case, to prevent him from using its process, as a court of common law, to compel the payment of the purchase money, when it was evident that the purchaser must lose the land.

因此，在后一种情况下，作为衡平法院审理的法院有责任在购买者显然必须失去土地时，阻止他使用普通法法院的程序强制支付购买款。

But if he was free, and could make a title, it was equally the duty of the court not to suffer Legrand to keep the land, and refuse the payment of the money, upon the ground that Darnall was incapable of suing or being sued as a citizen in a court of the United States.

但如果他是自由的，并且可以取得所有权，法院同样有责任不让罗格朗保留土地，并拒绝支付款项，理由是达纳尔无法在美国法院作为公民提起诉讼或被起诉。

The character or citizenship of the parties had no connection with the question of jurisdiction, and the matter in dispute had no relation to the citizenship of Darnall.

当事人的性格或公民身份与管辖权问题无关，争议事项与达纳尔的公民身份无关。

Nor is such a question alluded to in the opinion of the Court.

法院的意见也没有提及这样的问题。

Besides, we are by no means prepared to say that there are not many cases, civil as well as criminal, in which a Circuit Court of the United States may exercise jurisdiction, although one of the African race is a party; that broad question is not before the court.

此外，我们绝不准备说，美国巡回法院可以行使管辖权的民事和刑事案件并不多，尽管其中一方是非洲人种；这个广泛的问题没有提交法庭。

The question with which we are now dealing is, whether a person of the African race can be a citizen of the United States, and become thereby entitled to a special privilege, by virtue of his title to that character, and which, under the Constitution, no one but a citizen can claim.

我们现在处理的问题是，一个非洲种族的人是否可以成为美国公民，并因此有权凭借他的这一身份而享有特殊特权，而根据宪法，除了公民之外，任何人都不能要求这种特权。

It is manifest that the case of Legrand and Darnall has no bearing on that question, and can have no application to the case now before the court.

显然，罗格朗和达纳尔一案与这个问题无关，不能适用于目前法院审理的案件。

This case, however, strikingly illustrates the consequences that would follow the construction of the Constitution which would give the power contended for to a State.

然而，这个案例引人注目地说明了宪法的构建将赋予国家所争夺的权力所带来的后果。

It would in effect give it also to an individual.

实际上，它也会将其授予个人。

For if the father of young Darnall had manumitted him in his lifetime, and sent him to reside in a State which recognized him as a citizen, he might have visited and sojourned in Maryland when he pleased, and as long as he pleased, as a citizen of the United States; and the State officers and tribunals would be compelled, by the paramount authority of the Constitution, to receive him and treat him as one of its citizens, exempt from the laws and police of the State in relation to a person of that description, and allow him to enjoy all the rights and privileges of citizenship without respect to the laws of Maryland, although such laws were deemed by it absolutely essential to its own safety.

因为，如果年轻的达纳尔的父亲在他活着的时候释放了他，并把他送到一个承认他为公民的州居住，那么他可以在他愿意的时候，以美国公民的身份，在他愿意的时候，在马里兰州访问和居住；只要他愿意，他就可以在马里兰州逗留。州官员和法庭将根据宪法的最高权威，接受他并将他视为其公民之一，不受与该类人有关的州法律和警察的约束，并允许他享受公民的所有权利和特权，而不考虑马里兰州的法律，尽管马里兰州认为这些法律对其自身安全绝对重要。

The only two provisions which point to them and include them, treat them as property, and make it the duty of the Government to protect it; no other power, in relation to this race, is to be found in the Constitution; and as it is a Government of special, delegated, powers, no authority beyond these two provisions can be constitutionally exercised.

仅有的两项条款指向并包含它们，将它们视为财产，并规定政府有责任保护它们；宪法中没有与该种族相关的其他权力；由于它是一个拥有特殊授权的政府，因此不能根据宪法行使超出这两项规定的任何权力。

The Government of the United States had no right to interfere for any other purpose but that of protecting the rights of the owner, leaving it altogether with the several States to deal with this race, whether emancipated or not, as each State may think justice, humanity, and the interests and safety of society, require.

除了保护所有者的权利之外，美国政府无权出于任何其他目的进行干预，将其完全留给几个州来处理这个种族，无论是否获得解放，因为每个州可能认为正义、人道以及社会利益和安全所需要的。

The States evidently intended to reserve this power exclusively to themselves.

各国显然打算将这一权力完全保留给自己。

No one, we presume, supposes that any change in public opinion or feeling, in relation to this unfortunate race, in the civilized nations of Europe or in this country, should induce the court to give to the words of the Constitution a more liberal construction in their favor than they were intended to bear when the instrument was framed and adopted.

我们认为，没有人会认为，在欧洲文明国家或在这个国家，与这一不幸种族有关的公众舆论或感情的任何变化，都应该促使法院对宪法的措辞给予比宪法制定和通过时的预期更加自由的解释。

Such an argument would be altogether inadmissible in any tribunal called on to interpret it.

这样的论点在任何被要求解释的法庭上都是完全不可接受的。

If any of its provisions are deemed unjust, there is a mode prescribed in the instrument itself, by which it may be amended; but while it remains unaltered, it must be construed now as it was understood at the time of its adoption.

如果其任何条款被认为不公正，则该文书本身规定了一种模式，可以通过该模式进行修改；尽管它仍然没有改变，但现在必须按照其通过时的理解来解释。

It is not only the same in words, but the same in meaning, and delegates the same powers to the Government, and reserves and secures the same rights and privileges to the citizen; and as long as it continues to exist in its present form, it speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its framers, and was voted on and adopted by the people of the United States.

它不仅在文字上相同，而且在含义上也相同，并且向政府授予相同的权力，并为公民保留和保障相同的权利和特权；只要它继续以其目前的形式存在，它不仅用与它出自其制定者之手、并由美国人民投票通过时相同的措辞，而且具有相同的含义和意图。

Any other rule of construction would abrogate the judicial character of this court, and make it the mere reflex of the popular opinion or passion of the day.

任何其他的解释规则都会废除该法院的司法性质，并使其成为当时流行意见或热情的纯粹反映。

This court was not created by the Constitution for such purposes.

宪法并非为此目的而设立该法院。

Higher and graver trusts have been confided to it, and it must not falter in the path of duty.

它已被赋予了更崇高、更重大的信任，它决不能在履行职责的道路上动摇。

What the construction was at that time, we think can hardly admit of doubt.

当时的建筑是什么样的，我们认为是不容置疑的。

We have the language of the Declaration of Independence and of the Articles of Confederation, in addition to the plain words of the Constitution itself; we have the legislation of the different States, before, about the time, and since, the Constitution Was adopted; we have the legislation of Congress, from the time of its adoption to a recent period; and we have the constant and uniform action of the Executive Department, all concurring together, and leading to the same result.

除了宪法本身的简单文字外，我们还有《独立宣言》和《邦联条例》的语言；我们有不同州在《宪法》通过之前、当时和之后的立法；我们有国会的立法，从其通过之时到最近一段时间；我们有执行部门持续一致的行动，所有人都一致同意，并导致相同的结果。

And if anything in relation to the construction of the Constitution can be regarded as settled, it is that which we now give to the word "citizen" and the word "people."

如果说与宪法的构建有关的任何事情可以被视为已经解决的话，那就是我们现在赋予“公民”和“人民”一词的问题。

And upon a full and careful consideration of the subject, the court is of opinion, that, upon the facts stated in the plea in abatement, Dred Scott was not a citizen of Missouri within the meaning of the Constitution of the United States, and not entitled as such to sue in its courts; and, consequently, that the Circuit Court had no jurisdiction of the case, and that the judgment on the plea in abatement is erroneous.

经过充分、仔细的考虑，法院认为，根据减刑抗辩中陈述的事实，德雷德·斯科特不是美国宪法意义上的密苏里州公民，因此无权在其法院提起诉讼；因此，巡回法院对本案没有管辖权，对减刑抗辩的判决是错误的。

We are aware that doubts are entertained by some of the members of the court, whether the plea in abatement is legally before the court upon this writ of error: but if that plea is regarded as waived, or out of the case upon any other ground, yet the question as to the jurisdiction of the Circuit Court is presented on the face of the bill of exception itself, taken by the plaintiff at the trial; for he admits that he and his wife were born slaves, but endeavors to make out his title to freedom and citizenship by showing that they were taken by their owner to certain places, hereinafter mentioned, where slavery could not by law exist, and that they thereby became free, and upon their return to Missouri became citizens of that State.

我们知道，法院的一些成员对根据错误令状向法院提出的减轻抗辩是否合法存在疑问：但如果该抗辩被视为放弃，或因任何其他理由而脱离案件，那么关于巡回法院管辖权的问题就出现在原告在审判中提出的例外法案本身上；因为他承认他和他的妻子生来就是奴隶，但他试图通过证明他们被主人带到某些地方（下文将提及）来证明他享有自由和公民身份，这些地方法律上不存在奴隶制，因此他们获得了自由，并在返回密苏里州后成为该州的公民。

Now, if the removal of which he speaks did not give them their freedom, then by his own admission he is still a slave; and whatever opinions may be entertained in favor of the citizenship of a free person of the African race, no one supposes that a slave is a citizen of the State or of the United States.

现在，如果他所说的驱逐并没有给他们带来自由，那么他自己也承认他仍然是一个奴隶；无论有什么观点支持非洲种族自由人的公民身份，没有人认为奴隶是国家或合众国的公民。

If, therefore, the acts done by his owner did not make them free persons, he is still a slave, and certainly incapable of suing in the character of a citizen.

因此，如果他的主人所做的行为没有使他们成为自由人，他仍然是奴隶，当然不能以公民的身份提起诉讼。

The principle of law is too well serried to be disputed, that a court can give no judgment for either party, where it has no jurisdiction; and if, upon the showing of Scott himself, it appeared that he was still a slave, the case ought to have been dismissed, and the judgment against him and in favor of the defendant for costs, is, like that on the plea in abatement, erroneous, and the suit ought to have been dismissed by the Circuit Court for want of jurisdiction in that court.

法律原则是无可争议的，即法院在没有管辖权的情况下不能为任何一方作出判决；如果斯科特本人出示的证据表明他仍然是一名奴隶，那么该案就应该被驳回，而且对他不利并有利于被告支付费用的判决，就像减刑抗辩中的那样，是错误的，并且该诉讼应该被巡回法院驳回，因为该法院缺乏管辖权。

But, before we proceed to examine this part of the case, it may be proper to notice an objection taken to the judicial authority of this court to decide it; and it has been said, that as this court has decided against the jurisdiction of the Circuit Court on the plea in abatement, it has no right to examine any question presented by the exception; and that anything it may say upon that part of the case will be extra-judicial, and mere obiter dicta.

但是，在我们继续审查案件的这一部分之前，也许应该注意到对本法院司法机关做出裁决的反对意见；据称，由于本法院已就减免抗辩决定反对巡回法院的管辖权，因此无权审查例外提出的任何问题；并且它对案件的这一部分可能说的任何话都将是法外的，并且仅仅是附言。

This is a manifest mistake; there can be no doubt as to the jurisdiction of this court to revise the judgment of a Circuit Court, and to reverse it for any error apparent on the record, whether it be the error of giving judgment in a case over which it had no jurisdiction, or any other material error; and this, too, whether there is a plea in abatement or not.

这是一个明显的错误；毫无疑问，本法院有权修改巡回法院的判决，并针对记录中出现的任何明显错误推翻该判决，无论是在其没有管辖权的案件中作出判决的错误，还是任何其他重大错误；无论是否提出减税抗辩，这也是如此。

The objection appears to have arisen from confounding writs of error to a State court, with writs of error to a Circuit Court of the United States.

该反对似乎是由于混淆了州法院的错误令状和美国巡回法院的错误令状而引起的。

Undoubtedly, upon a writ of error to a State court, unless the record shows a case that gives jurisdiction, the case must be dismissed for want of jurisdiction in this court.

毫无疑问，在向州法院发出错误令状后，除非记录显示案件具有管辖权，否则该案件必须因该法院缺乏管辖权而被驳回。

And if it is dismissed on that ground, we have no right to examine and decide upon any question presented by the bill of exception, or any other part of the record.

如果因此而被驳回，我们无权审查例外法案或记录的任何其他部分提出的任何问题并做出决定。

But writs of error to a State court, and to a Circuit Court of the United States, are regulated by different laws, and stand upon entirely different principles.

但州法院和美国巡回法院的错误令状受不同的法律管辖，并基于完全不同的原则。

And in a writ of error to a Circuit Court of the United States, the whole record is before this court for examination and decision; and if the sum in controversy is large enough to give jurisdiction, it is not only the right, but it is the judicial duty of the court, to examine the whole case as presented by the record; and if it appears upon its face that any material error or errors have been committed by the court below, it is the duty of this court to reverse the judgment, and remand the case.

在向美国巡回法院发出的错误令状中，整个记录均已提交该法院进行审查和裁决；如果争议金额足够大，足以赋予管辖权，那么法院不仅有权利，而且有司法义务对记录所呈现的整个案件进行审查；如果从表面上看，下级法院存在任何重大错误，则本法院有责任推翻判决并将案件发回重审。

And certainly an error in passing a judgment upon the merits in favor of either party, in a case which it was not authorized to try, and over which it had no jurisdiction, is as grave an error as a court can commit.

当然，在未经授权审理且无管辖权的案件中，根据案情作出有利于任何一方的判决的错误，是法院所能犯下的最严重的错误。

The plea in abatement is not a plea to the jurisdiction of this court, but to the jurisdiction of the Circuit Court.

减刑抗辩不是对本法院管辖权的抗辩，而是对巡回法院管辖权的抗辩。

And it appears by the record before us, that the Circuit Court committed an error, in deciding that it had jurisdiction, upon the facts in the case, admitted by the pleadings.

从我们面前的记录来看，巡回法院在根据诉状承认的案件事实判定其拥有管辖权时犯了一个错误。

It is the duty of the appellate tribunal to correct this error; but that could not be done by dismissing the case for want of jurisdiction here--for that would leave the erroneous judgment in full force, and the injured party without remedy.

上诉法庭有责任纠正这一错误；但这不能通过因缺乏管辖权而驳回案件来实现——因为这将使错误判决完全生效，而受害方将无法获得补救。

And the appellate court therefore exercises the power for which alone appellate courts are constituted, by reversing the judgment of the court below for this error.

因此，上诉法院通过推翻下级法院对此错误的判决，行使上诉法院单独设立的权力。

It exercises its proper and appropriate jurisdiction over the judgment and proceedings of the Circuit Court, as they appear upon the record brought up by the writ of error.

它对巡回法院的判决和诉讼程序行使适当和适当的管辖权，正如错误令状所记录的那样。

The correction of one error in the court below does not deprive the appellate court of the power of examining further into the record, and correcting any other material errors which may have been committed by the inferior court.

纠正下级法院的一项错误并不剥夺上诉法院进一步审查记录并纠正下级法院可能犯下的任何其他重大错误的权力。

There is certainly no rule of law--nor any practice--nor any decision of a court--which even questions this power in the appellate tribunal.

当然，没有任何法治——也没有任何实践——或者法院的任何判决——甚至质疑上诉法庭的这一权力。

On the contrary, it is the daily practice of this court, and of all appellate courts where they reverse the judgment of an inferior court for error, to correct by its opinions whatever errors may appear on the record material to the case; and they have always held it to be their duty to do so where the silence of the court might lead to misconstruction or future controversy, and the point has been relied on by either side, and argued before the court.

相反，本法院以及所有上诉法院的日常做法是推翻下级法院对错误的判决，并通过其意见纠正案件记录中可能出现的任何错误；他们一直认为，如果法庭的沉默可能会导致误解或未来的争议，并且这一点已被双方所依赖，并在法庭上进行了争论，那么他们就有责任这样做。

In the case before us, we have already decided that the Circuit Court erred in deciding that it had jurisdiction upon the facts admitted by the pleadings.

在我们面前的案件中，我们已经裁定，巡回法院对诉状承认的事实拥有管辖权的决定是错误的。

And it appears that, in the further progress of the case, it acted upon the erroneous principle it had decided on the pleadings, and gave judgment for the defendant, where, upon the facts admitted in the exception, it had no jurisdiction.

看来，在案件的进一步进展中，它按照其在诉状中所确定的错误原则，对被告做出了有利于被告的判决，而根据例外情况中承认的事实，它没有管辖权。

We are at a loss to understand upon what principle of law applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last-mentioned error, because they had before corrected the former; or by what process of reasoning it can be made out, that the error of an inferior court in actually pronouncing judgment for one of the parties, in a case in which it had no jurisdiction, cannot be looked into or corrected by this court, because we have decided a similar question presented in the pleadings.

我们不知道上诉管辖权适用什么法律原则，可以认为本院没有司法权力纠正后一个错误，因为他们之前已经纠正过前者；或者通过什么推理过程可以看出，下级法院在没有管辖权的案件中实际为当事一方作出判决时的错误，不能由本法院调查或纠正，因为我们已经对诉状中提出的类似问题做出了裁决。

The last point is distinctly presented by the facts contained in the plaintiff's own bill of exceptions, which he himself brings here by this writ of error.

最后一点是由原告自己的例外法案中包含的事实清楚地提出的，他本人通过错误令状将其带到这里。

It was the point which chiefly occupied the attention of the counsel on both sides in the argument--and the judgment which this court must render upon both errors is precisely the same.

这是争论中双方律师主要关注的一点——本法院对这两种错误必须做出的判决是完全相同的。

It must, in each of them, exercise jurisdiction over the judgment, and reverse it for the errors committed by the court below; and issue a mandate to the Circuit Court to conform its judgment to the opinion pronounced by this court, by dismissing the case for want of jurisdiction in the Circuit Court.

它必须对每一案件的判决行使管辖权，并针对下级法院所犯的错误推翻该判决；并授权巡回法院以巡回法院缺乏管辖权为由驳回该案，以使其判决符合本法院宣布的意见。

This is the constant and invariable practice of this court, where it reverses a judgment for want of jurisdiction in the Circuit Court.

这是本法院一贯的做法，以巡回法院缺乏管辖权为由推翻判决。

It can scarcely be necessary to pursue such a question further.

几乎没有必要进一步追问这样的问题。

The want of jurisdiction in the court below may appear on the record without any plea in abatement.

下级法院缺乏管辖权可能会被记录在案，而无需任何减弱的抗辩。

This is familiarly the case where a court or chancery has exercised jurisdiction in a case where the plaintiff had a plain and adequate remedy at law, and it so appears by the transcript when brought here by appeal.

这是常见的情况，即法院或衡平法院对原告在法律上拥有简单且充分的补救措施的案件行使管辖权，并且通过上诉提交至此处时的笔录中也显示了这一点。

So also where it appears that a court of admiralty has exercised jurisdiction in a case belonging exclusively to a court of common law.

当海事法院对完全属于普通法法院的案件行使管辖权时，情况也是如此。

In these cases there is no plea in abatement.

在这些情况下，不存在减刑抗辩。

And for the same reason, and upon the same principles, where the defect of jurisdiction is patent on the record, this court is bound to reverse the judgment, although the defendant has not pleaded in abatement to the jurisdiction of the inferior court.

出于同样的原因，基于同样的原则，如果管辖权缺陷是显而易见的，尽管被告没有提出放弃下级法院管辖权的抗辩，本法院也有义务推翻判决。

The cases of Jackson v.

杰克逊诉案件

Ashton and of Capron v.

阿什顿和卡普伦诉。

Van Noorden, to which we have referred in a previous part of this opinion, are directly in point.

我们在本意见前一部分中提到的范·诺登（Van Noorden）是直接切中要害的。

In the last-mentioned case, Capron brought an action against Van Noorden in a Circuit Court of the United States, without showing, by the usual averments of citizenship, that the court had jurisdiction.

在最后提到的案件中，卡普伦在美国巡回法院对范诺登提起诉讼，但没有通过通常的公民身份证明表明该法院具有管辖权。

There was no plea in abatement put in, and the parties went to trial upon the merits.

双方没有提出减刑抗辩，双方根据案情接受了审判。

The court gave judgment in favor of the defendant with costs.

法院做出了有利于被告的判决，并支付了费用。

The plaintiff thereupon brought his writ of error, and this court reversed the judgment given in favor of the defendant, and remanded the case with directions to dismiss it, because it did not appear by the transcript that the Circuit Court had jurisdiction.

原告随即提出错误令状，本法院推翻了有利于被告的判决，并将案件发回重审，并指示驳回该案，因为从笔录来看，巡回法院没有管辖权。

The case before us still more strongly imposes upon this court the duty of examining whether the court below has not committed an error, in taking jurisdiction and giving a judgment for costs in favor of the defendant; for in Capron v.

我们面前的案件更加强烈地要求本法院承担审查下级法院在管辖权和作出有利于被告的费用判决方面是否犯有错误的责任；在卡普伦诉案中

Van Noorden the judgment was reversed because it did not appear that the parties were citizens of different States.

范诺登的判决被推翻，因为双方似乎不是不同国家的公民。

They might or might not be.

他们可能是也可能不是。

But in this case it does appear that the plaintiff was born a slave; and if the facts upon which he relies have not made him free, then it appears affirmatively on the record that he is not a citizen, and consequently his suit against Sandford was not a suit between citizens of different States, and the court had no authority to pass any judgment between the parties.

但在本案中，原告确实似乎生来就是奴隶；如果他所依据的事实没有使他获得自由，那么从记录上可以肯定地看出他不是公民，因此他对桑福德的诉讼不是不同州公民之间的诉讼，法院无权在双方之间做出任何判决。

The suit ought, in this view of it, to have been dismissed by the Circuit Court, and its judgment in favor of Sandford is erroneous, and must be reversed.

从这个角度来看，该诉讼应该被巡回法院驳回，而其对桑福德有利的判决是错误的，必须被推翻。

It is true that the result either way, by dismissal or by a judgment for the defendant, makes very little, if any, difference in a pecuniary or personal point of view to either party.

确实，无论哪种结果，无论是驳回还是对被告作出判决，对任何一方的金钱或个人观点都没有多大影响（如果有的话）。

But the fact that the result would be very nearly the same to the parties in either form of judgment, would not justify this court in sanctioning an error in the judgment which is patent on the record, and which if sanctioned, might be drawn into precedent, and lead to serious mischief and injustice in some future suit.

但事实是，无论哪种形式的判决，双方的结果都几乎相同，这一事实并不能证明本法院有理由批准判决中的错误，因为该错误是记录在案的，如果批准，可能会被纳入先例，并在未来的某些诉讼中导致严重的损害和不公正。

We proceed, therefore, to inquire whether the facts relied, on by the plaintiff entitled him to his freedom.

因此，我们继续询问原告所依据的事实是否赋予他自由。

The case, as he himself states it, on the record brought here by his writ of error, is this:

正如他本人所说，在他的错误令状记录中，案件是这样的：

The plaintiff was a negro slave, belonging to Dr. Emerson, who was a surgeon in the army of the United States.

原告是一名黑人奴隶，属于艾默生博士，艾默生博士是美国军队的一名外科医生。

In the year 1834, he took the plaintiff from the State of Missouri to the military post at Rock Island, in the State of Illinois, and held him there as a slave until the month of April or May, 1836.

1834 年，他将原告从密苏里州带到伊利诺伊州罗克岛的军事哨所，并把他当作奴隶扣留在那里，直到 1836 年 4 月或 5 月。

At the time last mentioned, said Dr. Emerson removed the plaintiff from said military post at Rock Island to the military post at Fort Snelling, situate on the west bank of the Mississippi river, in the territory known as Upper Louisiana, acquired by the United States of France.

在最后提到的时间，艾默生博士将原告从罗克岛的军事哨所转移到斯内林堡的军事哨所，斯内林堡位于密西西比河西岸，位于法国合众国获得的上路易斯安那地区。

and situate north of the latitude of thirty-six degrees thirty minutes north, and north of the State of Missouri.

位于北纬三十六度三十分以北，密苏里州以北。

Said Dr. Emerson held the plaintiff in slavery at said Fort Shelling, from said last-mentioned date until the year 1838.

说艾默生博士从上述日期到 1838 年将原告关押在上述谢林堡作为奴隶。

In the year 1835, Harriet, who is named in the second count of the plaintiff's declaration, was the negro slave of Major Taliaferro, who belonged to the army of the United States.

1835年，原告声明第二项指控中提到的哈丽特是美国军队塔利费罗少校的黑人奴隶。

In that year, 1835, said Major Taliaferro took said Harriet to said Fort Shelling, a military post, situated as hereinbefore stated, and kept her there as a slave until the year 1836, and then sold and delivered her as a slave, at said Fort Snelling, unto the said Dr. Emerson hereinbefore named.

在那一年，即 1835 年，塔利费罗少校将哈里特带到了谢林堡，这是一个位于上述的军事哨所，并将她作为奴隶留在那里直到 1836 年，然后将她作为奴隶在上述斯内林堡卖给了上述提到的爱默生博士。

Said Dr. Emerson held said Harriet in slavery at said Fort Snelling until the year 1838.

爱默生博士将哈丽特囚禁在斯内林堡为奴，直至 1838 年。

In the year 1836, the plaintiff and Harriet intermarried, at Fort Snelling, with the consent of Dr. Emerson, who then claimed to be their master and owner.

1836 年，在艾默生博士的同意下，原告和哈里特在斯内灵堡通婚，艾默生博士随后声称自己是他们的主人和所有者。

Eliza and Lizzie, named in the third comet of the plaintiff's declaration, are the fruit of that marriage.

原告声明的第三颗彗星中提到的伊丽莎和莉齐是那次婚姻的成果。

Eliza is about fourteen years old, and was born on board the steamboat Gipsey, north of the north line of the State of Missouri, and upon the river Mississippi.

伊丽莎大约十四岁，出生在密苏里州北线以北、密西西比河畔的吉普西号汽船上。

Lizzie is about seven years old, and was born in the State of Missouri, at the military post called Jefferson Barracks.

莉齐大约七岁，出生在密苏里州杰斐逊兵营的军事哨所。

In the year 1838, said Dr. Emerson removed the plaintiff and said Harriet, and their said daughter Eliza, from said Fort Snelling to the State of Missouri, where they have ever since resided.

1838 年，艾默生博士将原告、哈里特和他们的女儿伊丽莎从斯内林堡迁往密苏里州，并从此居住在那里。

Before the commencement of this suit, said Dr. Emerson sold and conveyed the plaintiff, and Harriet, Eliza, and Lizzie, to the defendant, as slaves, and the defendant has ever since claimed to hold them, and each of them, as slaves.

在本诉讼开始之前，艾默生博士称，艾默生博士将原告、哈丽特、伊丽莎和莉齐作为奴隶出售并转让给被告，被告此后一直声称将他们以及他们每个人都视为奴隶。

In considering this part of the controversy, two questions arise: 1.

在考虑这部分争议时，出现了两个问题：1.

Was he, together with his family, free in Missouri by reason of the stay in the territory of the United States hereinbefore mentioned?

他和他的家人是否因在上述美国境内逗留而在密苏里州获得自由？

And, 2.

并且，2。

If they were not, is Scott himself free by reason of his removal to Rock Island, in the State of Illinois, as stated in the above admissions?

如果不是，那么斯科特本人是否如上述承认中所述，因被转移到伊利诺伊州罗克岛而获得自由？

We proceed to examine the first question.

我们继续研究第一个问题。

The act of Congress, upon which the plaintiff relies, declares that slavery and involuntary servitude, except as a punishment for crime.

原告所依据的国会法案宣布奴隶制和非自愿奴役，除非作为对犯罪的惩罚。

shall be forever prohibited in all that part of the territory ceded by France, under the name of Louisiana, which lies north of thirty-six degrees thirty minutes north latitude, and not included within the limits of Missouri.

法国以路易斯安那名义割让的全部领土（位于北纬三十六度三十分以北，但不包括在密苏里州范围内）将永远受到禁止。

And the difficulty which meets us at the threshold of this part of the inquiry is, whether Congress was authorised to pass this law under any of the powers granted to it by the Constitution; for if the authority is not given by that instrument, it is the duty of this court to declare it void and inoperative, and incapable of conferring freedom upon any one who is held as a slave under the laws of any one of the States.

在这部分调查开始时，我们遇到的困难是，国会是否有权根据宪法赋予的任何权力通过这项法律？因为如果该文书未授予该权力，则本法院有责任宣布该文书无效且无效，并且不能向根据任何一州法律被视为奴隶的任何人赋予自由。

The counsel for the plaintiff has laid much stress upon that article in the Constitution which confers on Congress the power "to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States;" but, in the judgment of the court, that provision has no hearing on the present controversy, and the power there given, whatever it may be, is confined, and was intended to be confined, to the territory which at that time belonged to, or was claimed by, the United States, and was within their boundaries as settled by the treaty with Great Britain, and can have no influence upon a territory afterwards acquired from a foreign Government.

原告的律师非常强调宪法中的该条款，该条款赋予国会“处理并制定有关属于美国的领土或其他财产的所有必要规则和条例”的权力；但是，在法院的判决中，该条款没有就目前的争议进行审理，并且该条款所赋予的权力，无论是什么，都仅限于且旨在仅限于当时属于美国或美国声称拥有主权的领土，并且在与英国签订的条约所确定的边界之内，并且不能对后来从外国政府获得的领土产生影响。

It was a special provision for a known and particular territory, and to meet a present emergency, and nothing more.

这是针对已知的特定领土的特殊规定，也是为了应对当前的紧急情况，仅此而已。

A brief summary of the history of the times, as well as the careful and measured terms in which the article is framed, will show the correctness of this proposition.

对时代历史的简要总结，以及文章措辞的谨慎和分寸，将表明这一命题的正确性。

It will be remembered that, from the commencement of the Revolutionary war, serious difficulties existed between the States, in relation to the disposition of large and unsettled territories which were included in the chartered limits of some of the States.

人们应该记住，自革命战争开始以来，各州之间在处理一些州的特许边界内的大片和未定居的领土方面就存在着严重的困难。

And some of the other States, and more especially Maryland, which bad no unsettled lands, insisted that as the unoccupied lands, if wrested from Great Britain, would owe their preservation to the common purse and the common sword, the money arising from them ought to be applied in just proportion among the several States to pay the expenses of the war, and ought not to be appropriated to the use of the State in whose chartered limits they might happen to lie, to the exclusion of the other State, by whose combined efforts and common expense the territory was defended and preserved against the claim of the British Government.

其他一些州，特别是马里兰州，不损害任何未开发的土地，坚持认为，由于未占领的土地如果从英国手中夺取，将归功于共同的钱包和共同的剑来保存它们，因此，从这些土地中产生的资金应该在几个州之间按比例用于支付战争费用，而不应该被划拨给它们可能恰好位于其特许范围内的州使用，而排除其他州，他们共同努力并共同付出代价，保卫并保护了这片领土，反对英国政府的索赔。

These difficulties caused much uneasiness during the war, while the issue was in some degree doubtful, and the future boundaries of the United States yet to be defined by treaty, if we achieved our independence.

这些困难在战争期间引起了很大的不安，而这个问题在某种程度上是值得怀疑的，如果我们获得独立，美国未来的边界还有待条约确定。

The majority of the Congress of the Confederation obviously concurred in opinion with the State of Maryland, and desired to obtain from the States which claimed it a cession of this territory, in order that Congress might raise money on this security to carry on the war.

联邦国会的大多数成员显然同意马里兰州的意见，并希望从声称拥有该领土的各州获得该领土的割让，以便国会可以用这笔担保筹集资金来进行战争。

This appears by the resolution passed on the 6th of September, 1780, strongly urging the States to cede these lands to the United.

1780 年 9 月 6 日通过的决议就体现了这一点，该决议强烈敦促各州将这些土地割让给美国。

States, both for the sake of peace and union among themselves and to maintain the public credit; and this was followed by the resolution of October 10th, 1780, by which Congress pledged itself, that if the lands were ceded, as recommended by the resolution above mentioned, they should be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which should become members of the Federal Union, and have the same rights of sovereignty, and freedom.

各国，既是为了各国之间的和平与团结，也是为了维护公共信用；随后，国会于 1780 年 10 月 10 日通过了一项决议，在该决议中，国会承诺，如果按照上述决议的建议割让土地，则应为了合众国的共同利益而处置这些土地，并定居并组成不同的共和国家，这些国家应成为联邦成员，并享有相同的主权和自由权利。

and independence, as other States.

和其他国家一样的独立。

But these difficulties became much more serious after peace took place, and the boundaries of the United States were established.

但在和平实现以及美国边界确立后，这些困难变得更加严重。

Every State, at that time, felt severely the pressure of its war debt; but in Virginia, and some other States, there were large territories of unsettled lands, the sale of which would enable them to discharge their obligations without much inconvenience; while other States, which had no such resource, saw before them many years of heavy and burdensome taxation; and the latter insisted, for the reasons before stated, that these unsettled lands should be treated as the common property of the States, and the proceeds applied to their common benefit.

当时，每个国家都感受到了战争债务的严重压力。但在弗吉尼亚州和其他一些州，有大片无人居住的土地，出售这些土地将使他们能够履行自己的义务，而不会造成太多不便；而其他国家则没有这种资源，面临着多年繁重的税收；出于前述原因，后者坚持认为这些未定居的土地应被视为各州的共同财产，收益应用于各州的共同利益。

The letters from the statesmen of that day will show bow much this controversy occupied their thoughts, and the dangers that were apprehended from it.

那天政治家的来信将充分表明他们对这场争论的思考，以及由此带来的危险。

It was the disturbing element of the time, and fears were entertained that it might dissolve the Confederation by which the States were then united.

这是当时令人不安的因素，人们担心它可能会解散当时团结各州的联邦。

These fears and dangers were, however, at once removed, when the State of Virginia, in 1784, voluntarily ceded to the United States the immense tract of country lying northwest of the river Ohio.

然而，当弗吉尼亚州于 1784 年自愿将位于俄亥俄河西北部的大片土地割让给美国时，这些恐惧和危险立刻就被消除了。

and which was within the acknowledged limits of the State.

并且在国家承认的范围内。

The only object of the State, in making this cession, was to pat an end to the threatening and exciting controversy, and to enable the Congress of that time to dispose of the lands, and appropriate the proceeds as a common fund for the common benefit of the States.

州做出这一让渡的唯一目的是结束这场威胁性的、令人兴奋的争议，并使当时的国会能够处置这些土地，并将所得收益作为公共基金，以促进各州的共同利益。

It was not ceded because it was inconvenient to the State to hold and govern it, nor from any expectation that it could be better or more conveniently governed by the United States.

它被割让并不是因为国家持有和管理它不方便，也不是因为期望它可以由美国更好或更方便地管理。

The example of Virginia was soon afterwards followed by other States, and, at the time of the adoption of the Constitution.

弗吉尼亚州的例子很快就被其他州效仿，并在宪法通过时效仿。

all of the States, similarly situated, had ceded their unappropriated lands, except North Carolina and Georgia.

除北卡罗来纳州和佐治亚州外，所有情况类似的州都放弃了未侵占的土地。

The main object for which these cessions were desired and made, was on account of their money value, and to put an end to a dangerous controversy, as to who was justly entitled to the proceeds when the land should be sold.

希望和做出这些让渡的主要目的是考虑到它们的货币价值，并结束一场危险的争论，即当土地出售时谁有权公正地获得收益。

It is necessary to bring this part of the history of these cessions thus distinctly into view, because it will enable us the better to comprehend the phraseology of the article in the Constitution, so often referred to in the argument.

有必要清楚地了解这些让步历史的这一部分，因为这将使我们更好地理解宪法中经常在论证中提到的条款的措辞。

Undoubtedly the powers of sovereignty and the eminent domain were ceded with the land.

毫无疑问，主权和征用权随着土地一起转让。

This was essential, in order to make it effectual, and to accomplish its objects.

为了使其有效并实现其目标，这是至关重要的。

But it must be remembered that, at that time, there was no Government of the United States in existence with enumerated and limited powers; what was then called the United States, were thirteen separate, sovereign, independent States, which had entered into a league or confederation for their mutual protection and advantage, and the Congress of the United States was composed of the representatives of these separate sovereignties, meeting together, as equals, to discuss and decide on certain measures which the States, by the Articles of Confederation, had agreed to submit to their decision.

但必须记住，当时不存在拥有列举和有限权力的美国政府；当时所谓的合众国，是十三个独立的、主权的、独立的国家，它们为了相互保护和利益而结成联盟或邦联，美国国会由这些独立主权国家的代表组成，他们平等地聚集在一起，讨论和决定各州根据《邦联条款》同意提交其决定的某些措施。

But this Confederation had none of the attributes of sovereignty in legislative, executive, or judicial power.

但这个邦联在立法权、行政权或司法权方面不具备任何主权属性。

It was little more than a congress of ambassadors, authorised to represent separate nations, in matters in which they had a common concern.

它只不过是一个大使会议，被授权代表不同的国家处理他们共同关心的事务。

It was this congress that accepted the cession from Virginia.

正是这次国会接受了弗吉尼亚州的割让。

They had no power to accept it under the Articles of Confederation.

根据《邦联条例》，他们无权接受它。

But they bad an undoubted right, as independent sovereignties, to accept any cession of territory for their common benefit, which all of them assented to; and it is equally clear that as their common property, and having no superior to control them, they had the right to exercise absolute dominion over it, subject only to the restrictions which Virginia had imposed in her act of cession.

但他们作为独立主权国家，拥有不容置疑的权利，可以为了共同利益而接受任何领土割让，而且他们都同意这一点；同样清楚的是，作为他们的共同财产，并且没有上级来控制它们，他们有权对其行使绝对统治权，仅受弗吉尼亚在其割让法案中施加的限制。

There was, as we have said, no Government of the United States then in existence with special enumerated and limited powers.

正如我们所说，当时不存在拥有特殊列举和有限权力的美国政府。

The territory belonged to sovereignties, who, subject to the limitations above mentioned, had a right to establish any form of Government they pleased, by compact or treaty among themselves, and to regulate rights of person and rights of property in the territory, as they might deem proper.

领土属于主权国家，在遵守上述限制的情况下，主权国家有权通过彼此之间的契约或条约建立他们愿意的任何形式的政府，并以他们认为适当的方式管理领土上的人身权利和财产权利。

It was by a Congress, representing the authority of these several and separate sovereignties, and acting under their authority and command (but not from any authority derived from the Articles of Confederation,) that the instrument usually called the ordinance of 1787 was adopted; regulating in much detail the principles and the laws by which this territory should be governed; and among other provisions, slavery is prohibited in it.

通常被称为 1787 年法令的文书是由代表这几个独立主权国家权力的国会通过的，并在其权力和指挥下行事（但不是来自《邦联条例》的任何权力）。详细规定管理该领土的原则和法律；除其他条款外，其中还禁止奴隶制。

We do not question the power of the States.

我们不质疑国家的权力。

by agreement among themselves, to pass this ordinance, nor its obligatory force in the territory, while the confederation or league of the States in their separate sovereign character continued to exist.

各州联盟或联盟以其独立的主权性质继续存在时，通过彼此之间的协议，通过该法令，或其在领土上的强制力。

This was the state of things when the Constitution of the United States was formed.

这就是美国宪法制定时的情况。

The territory ceded by Virginia belonged to the several confederated States as common property, and they had united in establishing in it a system of government and jurisprudence, in order to prepare it for admission as States, according to the terms of the cession.

弗吉尼亚割让的领土作为共同财产属于几个邦联，他们联合在其中建立了政府和法理体系，以便根据割让条款将其接纳为州做准备。

They were about to dissolve this federative Union, and to surrender a portion of their independent sovereignty to a new Government, which, for certain purposes, would make the people of the several States one people, and which was to be supreme and controlling within its sphere of action throughout the United States; but this Government was to be carefully limited in its powers, and to exercise no authority beyond those expressly granted by the Constitution, or necessarily to be implied from the language of the instrument, and the objects it was intended to accomplish; and as this league of States would, upon the adoption of the new Government, cease to have any power over the territory, and the ordinance they had agreed upon be incapable of execution and a mere nullity, it was obvious that some provision was necessary to give the new Government sufficient power to enable it to carry into effect the objects for which it was ceded, and the compacts and agreements which the States had made with each other in the exercise of their powers of sovereignty.

他们即将解散这个联邦，并将部分独立主权交给一个新政府，为了某些目的，新政府将使几个州的人民成为一个人民，并且在整个美国的行动范围内拥有至高无上的权力和控制权；但是，本届政府的权力应受到谨慎限制，不得行使超出宪法明确授予的权力，或宪法文本及其旨在实现的目标所隐含的权力；由于这个国家联盟在新政府上任后将不再对该领土拥有任何权力，而他们所商定的法令也将无法执行而完全无效，因此显然有必要制定一些规定，赋予新政府足够的权力，使其能够实现其割让的目标以及各国在行使其主权权力时相互签订的契约和协议。

It was necessary that the lands should be sold to pay the war debt; that a Government and system of jurisprudence should be maintained in it, to protect the citizens of the United States who should migrate to the territory, In their rights of person and of property.

为了偿还战争债务，必须出售土地；应该在其中保留一个政府和判例体系，以保护应移民到该领土的美国公民的人身权和财产权。

It was also necessary that the new Government, about to be adopted, should be authorized to maintain the claim of the United States to the unappropriated lands in North Carolina and Georgia, which had not then been ceded, but the cession of which was confidently anticipated upon some terms that would be arranged between the General Government and these two States.

还有必要授权即将上任的新政府维持美国对北卡罗来纳州和佐治亚州未征用土地的主张，这些土地当时尚未被割让，但人们满怀信心地预计将根据联邦政府与这两个州之间安排的某些条款进行割让。

And, moreover, there were many articles of value besides this property in land such as arms.

此外，除了土地财产之外，还有许多有价值的物品，例如武器。

military stores, munitions, and ships of war, which were the common property of the States, when acting in their independent characters as confederates, which neither the new Government nor any one else would have a right to take possession of, or control.

军用物资、弹药和军舰，这些是各州作为邦联独立行事时的共同财产，新政府和任何其他国家都无权占有或控制。

without authority from them; and it was to place these things under the guardianship and protection of the new Government, and to clothe it with the necessary powers, that the clause was inserted in the Constitution which gives Congress the power "to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." It was intended for a specific purpose, to provide for the things we have mentioned.

未经他们授权；为了将这些事物置于新政府的监护和保护之下，并赋予新政府必要的权力，宪法中插入了这一条款，赋予国会“处理和制定有关属于美国的领土或其他财产的一切必要的规则和条例”的权力。它是为了特定的目的，提供我们所提到的东西。

It was to transfer to the new Government the property then held in common by the States, and to give to that Government power to apply it to the objects for which it had been destined by mutual agreement among the States before their league was dissolved.

它将把当时由各州共同拥有的财产移交给新政府，并赋予该政府权力，将其用于联盟解散之前各州之间相互协议所指定的目标。

It applied only to the property which the States held in common at that time, and has no reference whatever to any territory or other property which the new sovereignty might afterwards itself acquire.

它仅适用于当时各州共同拥有的财产，而不涉及新主权后来可能获得的任何领土或其他财产。

The language used in the clause, the arrangement and combination of the powers, and the somewhat unusual phraseology it uses, when it speaks of the political power to be exercised in the government of the territory, all indicate the design and meaning of the clause to be such as we have mentioned.

该条款中使用的语言、权力的安排和组合，以及在谈到领土政府所行使的政治权力时所使用的有些不寻常的措辞，都表明该条款的设计和含义正是我们所提到的。

It does not speak of any territory, nor of Territories, but uses language which, according to its legitimate meaning, points to a particular thing.

它不谈论任何领土，也不谈论领土，而是使用根据其合法含义指向特定事物的语言。

The power is given in relation only to the territory of the United States--that is, to a territory then in existence, and then known or claimed as the territory of the United States.

该权力仅针对美国领土而授予，即当时存在的、随后被称为或声称为美国领土的领土。

It begins its enumeration of powers by that of disposing, in other words, making sale of the lands, or raising money from them, which, as we have already said, was the main object of the cession, and which is accordingly the first thing provided for in the article.

它从处置权力开始，换句话说，出售土地或从土地筹集资金，正如我们已经说过的，这是转让的主要目的，因此也是本文规定的第一件事。

It then gives the power which was necessarily associated with the disposition and sale of the lands--that is, the power of making needful rules and regulations respecting the territory.

然后，它赋予与土地的处置和出售必然相关的权力，即制定尊重领土的必要规则和条例的权力。

And whatever construction may now be given to these words, every one, we think, must admit that they are not the words usually employed by statesmen in giving supreme power of legislation.

无论现在如何解释这些词，我们认为，每个人都必须承认，它们不是政治家在赋予最高立法权时通常使用的词。

They are certainly very unlike the words used in the power granted to legislate over territory which the new Government might afterwards itself obtain by cession from a State, either for its seat of Government, or for forts, magazines, arsenals, dock yards, and other needful buildings.

它们当然与授予对领土立法权力中使用的词语非常不同，新政府随后可能通过从国家割让而获得这些领土，无论是作为其政府所在地，还是作为堡垒、弹药库、军火库、船坞和其他必要的建筑物。

And the same power of making needful rules respecting the territory is, in precisely the same language, applied to the other property belonging to the United States--associating the power over the territory in this respect with the power over movable or personal property--that is, the ships, arms, and munitions of war, which then belonged in common to the State sovereignties.

制定尊重领土的必要规则的权力同样适用于属于美国的其他财产，将这方面对领土的权力与对动产或动产的权力联系起来，即船舶、武器和战争弹药，这些财产当时都属于国家主权。

And it will hardly be said, that this power, in relation to the last-mentioned objects, was deemed necessary to be thus specially given to the new Government, in order to authorize it to make needful rules and regulations respecting the ships it might itself build, or arms and munitions of war it might itself manufacture or provide for the public service.

很难说，与最后提到的目标有关的这项权力被认为有必要特别授予新政府，以便授权它制定必要的规则和条例，涉及它自己可能建造的船舶，或者它可能自己制造或为公共服务提供的战争武器和弹药。

No one, it is believed, would think a moment of deriving the power of Congress to make needful rules and regulations in relation to property of this kind from this clause of the Constitution.

据信，没有人会想到从宪法的这一条款中获得国会的权力，制定与此类财产有关的必要规则和条例。

Nor can it, upon any fair construction, be applied to any property, but that which the new Government was about to receive from the confederated States.

根据任何公平的解释，它也不能适用于任何财产，但新政府即将从邦联获得的财产除外。

And if this be true as to this property, it must be equally true and limited as to the territory, which is so carefully and precisely coupled with it--and like it referred to as property in the power granted.

如果这对于财产来说是正确的，那么对于领土来说，它也必须是同样真实的和有限的，领土与它如此仔细和精确地结合在一起——就像它被称为授予权力的财产一样。

The concluding words of the clause appear to render this construction irresistible; for, after the provisions we have mentioned, it proceeds to say, "that nothing in the Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State."

该条款的结束语似乎使这种解释变得不可抗拒；因为，在我们提到的条款之后，它接着说：“宪法中的任何内容都不得被解释为损害合众国或任何特定州的任何主张。”

Now, as we have before said, all of the States, except North Carolina and Georgia, had made the cession before the Constitution was adopted, according to the resolution of Congress of October 10, 1780, the claims of other States, that the unappropriated lands in these two States should be applied to the common benefit, in like manner, was still insisted on, but refused by the States.

现在，正如我们前面所说，除北卡罗来纳州和佐治亚州外，所有州在宪法通过之前都已做出割让，根据国会1780年10月10日的决议，其他州主张将这两个州的未征用土地用于共同利益，同样仍然坚持，但遭到各州的拒绝。

And this member of the clause in question evidently applies to them, and can apply to nothing else.

所讨论的条款的这个成员显然适用于它们，并且不能适用于其他任何东西。

It was to exclude the conclusion that either party, by adopting the Constitution, would surrender what they deemed their rights.

这是为了排除这样的结论：任何一方通过宪法，都会放弃他们认为自己的权利。

And when the latter provision relates so obviously to the unappropriated lands not yet ceded by the States, and the first clause makes provision for those then actually ceded, it is impossible, by any just rule of construction, to make the first provision general, and extend to all territories, which the Federal Government might in any way afterwards acquire, when the latter is plainly and unequivocally confined to a particular territory; which was a part of the same controversy, and involved in the same dispute.

当后一项条款如此明显地涉及各州尚未割让的未侵占土地，而第一项条款为当时实际割让的土地做出规定时，根据任何公正的解释规则，都不可能使第一项条款具有普遍性，并扩展到联邦政府随后可能以任何方式获得的所有领土，而联邦政府显然明确地仅限于某一特定领土；这是同一争议的一部分，并涉及同一争议。

and depended upon the same principles.

并依赖于相同的原则。

The union of the two provisions in the same clause shows that they were kindred subjects; and that the whole clause is local, and relates only to lands, within the limits of the United States, which had been or then were claimed by a State; and that no other territory was in the mind of the framers of the Constitution, or intended to be embraced in it.

同一条款中这两个条款的结合表明它们是同类主体；整个条款是地方性的，仅涉及美国境内的土地，这些土地曾经或当时被某个州声称拥有主权；宪法制定者没有考虑过其他领土，也没有打算将其他领土纳入其中。

Upon any other construction it would be impossible to account for the insertion of the last provision in the place where it is found, or to comprehend why, or for what object, it was associated with the previous provision.

根据任何其他解释，将不可能解释最后一个条款插入到它被发现的地方，或者理解为什么或出于什么目的，它与前一个条款相关联。

This view of the subject is confirmed by the manner in which the present Government of the United States dealt with the subject as soon as it came into existence.

美国现政府一成立就处理该问题的方式就证实了这一问题的看法。

It must be borne in mind that the same States that formed the Confederation also formed and adopted the new Government, to which so large a portion of their former sovereign powers were surrendered.

必须铭记的是，组成联邦的这些州也组成并通过了新政府，并将其大部分前主权权力交给了新政府。

It must also be borne in mind that all of these same States which had then ratified the new Constitution were represented in the Congress which passed the first law for the government of this territory; and many of the members of that legislative body had been deputies from the States under the Confederation--had united in adopting the ordinance of 1787, and assisted in forming the new Government under which they were then acting, and whose powers they were then exercising.

还必须记住，当时批准新宪法的所有这些州都在国会中拥有代表，国会通过了该领土政府的第一部法律；该立法机构的许多成员都是来自联邦各州的代表，他们联合起来通过了 1787 年的法令，并协助组建新政府，他们当时在新政府的领导下行事，并在新政府下行使权力。

And it is obvious from the law they passed to carry into effect the principles and provisions of the ordinance that they regarded it as the act of the States done in the exercise of their legitimate powers at the time.

从他们为实施该法令的原则和规定而通过的法律中可以明显看出，他们将其视为当时各州行使合法权力的行为。

The new Government took the territory as it found it, and in the condition in which it was transferred, and did not attempt to undo anything that had been done.

新政府按照其发现时的情况和移交时的情况保留了这片领土，并且没有试图撤销已经完成的任何事情。

And, among the earliest laws passed under the new Government, is one reviving the ordinance of 1787, which had become inoperative and a nullity upon the adoption of the Constitution.

此外，新政府通过的最早的法律之一是恢复 1787 年法令，该法令在宪法通过后已失效且无效。

Tiffs law introduces no new form or principles for its government, but recite, in the preamble, that it is passed in order that this ordinance may continue to have full effect, and proceeds to make only those rules and regulations which were needful to adapt it to the new Government, into whose hands the power had fallen.

蒂夫斯法没有为其政府引入新的形式或原则，但在序言中指出，通过该法是为了使该法令继续充分发挥作用，并继续制定那些必要的规则和条例，以使其适应权力已落入新政府的手中。

It appears, therefore, that this Congress regarded the purposes to which the land in this Territory was to be applied, and the form of government and principles of jurisprudence which were to prevail there, while it remained in the Territorial State, as already determined on by the States when they had full power and right to make the decision; and that the new Government, having received it in this condition, ought to carry substantially into effect the plans and principles which had been previously adopted by the States, and which, no doubt, the States anticipated when they surrendered their power to the new Government.

因此，本次国会似乎认为，该领土上的土地的用途、该领土仍属于领土国期间的政府形式和判例原则，已由各州在拥有充分权力和权利做出决定时确定；新政府在这种情况下接受政府后，应该实质上执行各州先前通过的计划和原则，毫无疑问，这些计划和原则是各州在将权力移交给新政府时所预期的。

And if we regard this clause of the Constitution as pointing to this Territory, with a Territorial Government already established in it, which had been ceded to the States for the purposes hereinbefore mentioned--every word in it is perfectly appropriate and easily understood, and the provisions it contains are in perfect harmony with the objects for which it was ceded, and with the condition of its government as a Territory at the time.

如果我们认为宪法的这一条款是指这块领土，其中已经建立了一个领土政府，并且为了上述目的而将其割让给各州，那么其中的每一个字都是完全恰当且容易理解的，并且它所包含的条款与它被割让的目的以及当时作为领土的政府状况完全一致。

We can, then, easily account for the manner in which the first Congress legislated on the subject--and can also understand why this power over the territory was associated in the same clause with the other property of the United States, and subjected to the like power of making needful rules and regulations.

那么，我们就可以很容易地解释第一届国会就该主题立法的方式，也可以理解为什么这种对领土的权力在同一条款中与美国的其他财产联系在一起，并受到制定必要规则和条例的类似权力的约束。

But if the clause is construed in the expanded sense contended for, so as to embrace any territory acquired from a foreign nation by the present Government, and to give it in such territory a despotic and unlimited power over persons and property, such as the confederated States might exercise in their common property, it would he difficult to account for the phraseology used, when compared with other grants of power--and also for its association with the other provisions in the same clause.

但是，如果该条款按照所主张的扩展含义来解释，以涵盖现政府从外国获得的任何领土，并赋予政府在这些领土上对人和财产的专制和无限的权力，例如邦联国家可以在其共同财产中行使的权力，那么与其他权力授予相比，就很难解释所使用的措辞，也很难解释它与同一条款中其他条款的联系。

The Constitution has always been remarkable for the felicity of its arrangement of different subjects, and the perspicuity and appropriateness of the language it uses.

宪法一直以其对不同主题的巧妙安排以及所使用的语言的清晰和恰当而著称。

But if the clause is construed to extend to territory acquired by the present Government from a foreign nation, outside of the limits of any charter from the British Government to a colony, it would be difficult to say, why it was deemed necessary to give the Government the power to sell any vacant lands belonging to the sovereignty which might be found within it; and if this was necessary, why the grant of this power should precede the power to legislate over it and establish a Government there; and still more difficult to say, why it was deemed necessary so specially and particularly to grant the power to make needful rules and regulations in relation to any personal or movable property it might acquire there.

但是，如果该条款被解释为适用于现政府从外国获得的领土，超出了英国政府对殖民地的任何特许状的限制，那么就很难说为什么有必要赋予政府出售可能在其境内发现的属于主权的任何空置土地的权力；如果有必要，为什么应先授予这项权力，然后再授予立法权并在那里建立政府；更难说的是，为什么认为有必要如此特别地授予权力，就其可能在那里获得的任何动产或动产制定必要的规则和条例。

For the words, other property, necessarily, by every known rule of interpretation, must mean property of a different description from territory or land.

对于这个词来说，其他财产必然是指与领土或土地不同的财产，按照每一种已知的解释规则。

And the difficulty world perhaps be insurmountable in endeavoring to account for the last member of the sentence, which provides that "nothing in this Constitution shall be so construed as to prejudice any claims of the United States or any particular State," or to say how any particular State could have claims in or to a territory ceded by a foreign Government, or to account for associating this provision with the preceding provisions of the clause, with which it would appear to have no connection.

试图解释这句话的最后一个成员，即规定“本宪法中的任何内容均不得被解释为损害合众国或任何特定州的任何主张”，或者说明任何特定州如何能够在外国政府割让的领土上或向外国政府割让的领土提出主张，或者解释将此条款与该条款的前述条款联系起来，而这些条款似乎与这些条款没有任何联系，那么世界上的困难也许是难以克服的。

The words "needful rules and regulations" would seem, also, to have been cautiously used for some definite object.

“必要的规则和规定”这个词似乎也被谨慎地用于某些明确的目的。

They are not the words usually employed by statesmen.

它们不是政治家通常使用的词语。

when they mean to give the powers of sovereignty, or to establish a Government, or to authorise its establishment.

当他们打算授予主权、建立政府或授权建立政府时。

Thus, in the law to renew and keep alive the ordinance of 1787, and to re-establish the Government, the title of the law is: "An act to provide for the government of the territory northwest of the river Ohio." And in the Constitution, when granting the power to legislate over the territory that may be selected for the seat of Government independently of a State, it does not say Congress shall have power "to make all needful rules and regulations respecting the territory;" but it declares that "Congress shall have power 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.

因此，在更新和维持 1787 年法令并重建政府的法律中，该法律的标题是：“规定俄亥俄河西北地区政府的法案”。在宪法中，当授予对独立于州的政府所在地的领土进行立法的权力时，并没有规定国会有权“制定尊重该领土的所有必要的规则和条例”；但它宣称“国会有权在任何情况下对通过特定州的割让和国会的接受而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。

The words "rules and regulations" are usually employed in the Constitution in speaking of same particular specified power which it means to confer on the Government, and not, as we have seen, when granting general powers of legislation.

宪法中通常使用“规则和条例”一词来谈论赋予政府的特定特定权力，而不是像我们所看到的那样，在授予一般立法权力时使用。

As, for example, in the particular power to Congress "to make rules for the government and regulation of the land and naval forces, or the particular and specific power to regulate commerce;" "to establish an uniform rule of naturalization;" "to coin money and regulate the value thereof." And to construe the words of which we are speaking as a general and unlimited grant of sovereignty over territories which the Government might afterwards acquire, is to use them in a sense and for a purpose for which they were not used in any other part of the instrument.

例如，国会拥有“制定政府规则并监管陆军和海军，或监管商业的特定权力”； “建立统一的入籍规则；” “铸造货币并调节其价值。”将我们所说的词语解释为对政府随后可能获得的领土的一般性和无限的主权授予，就是在某种意义上和出于文书任何其他部分未曾使用过的目的使用这些领土。

But if confined to a particular Territory, in which a Government and laws had already been established, but which would require some alterations to adapt it to the new Government, the words are peculiarly applicable and appropriate for that purpose.

但如果仅限于某一特定领土，该领土上已经建立了政府和法律，但需要进行一些修改以适应新政府，则该词特别适用并适合这一目的。

The necessity of this special provision in relation to property and the rights or property held in common by the confederated States, is illustrated by the first clause of the sixth article.

第六条第一款说明了这一特别规定对于财产以及联盟国共同持有的权利或财产的必要性。

This clause provides that "all debts, contracts, and engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Government as under the Confederation." This provision like the one under consideration, was indispensable if the new Constitution was adopted The new Government was not a mere change in a dynasty, or in a form of government, leaving the nation or sovereignty the same, and clothed with all the right, and bound by all the obligations of the preceding one.

该条款规定“在本宪法通过之前签订的所有债务、合同和约定，对于本届政府下的合众国与联邦下的合众国同样有效”。如果新宪法获得通过，这一条款与正在考虑的条款一样是必不可少的。新政府不仅仅是王朝或政府形式的改变，使国家或主权保持不变，并享有前任宪法的所有权利，并受到前任政府的所有义务的约束。

But, when the present United States came into existence under the new Government, it was a new political body, a new nation, then for the first time taking its place in the family of nations.

但是，当现在的美国在新政府领导下成立时，它是一个新的政治机构，一个新的国家，然后第一次在国际大家庭中占有一席之地。

It took nothing by succession from the Confederation.

它没有从联邦那里继承任何东西。

It had no right, as its successor, to any property or rights of property which it had acquired, and was not liable for any of its obligations.

作为其继承人，它对其所获得的任何财产或财产权利没有任何权利，并且不承担任何义务。

It was evidently viewed in this light by the framers of the Constitution.

宪法制定者显然是从这个角度来看待这一点的。

And as the several States would cease to exist in their former confederated character upon the adoption of the Constitution, and could not, in that character, again assemble together, special provisions were indispensable to transfer to the new Government the property and rights which at that time they held in common; and at the same time to authorize it to lay taxes and appropriate money to pay the common debt which they had contracted; and this power could only be given to it by special provisions in the Constitution.

由于宪法通过后，几个州将不再以其以前的联邦性质存在，并且不能以这种性质再次聚集在一起，因此必须有特殊的规定才能将当时它们共同拥有的财产和权利转移给新政府；同时授权它征收税款和拨款以偿还他们所承担的共同债务；这种权力只能由宪法的特别条款赋予。

The clause in relation to the territory and other property of the United States provided for the first, and the clause last quoted provides for the other.

有关美国领土和其他财产的条款规定了第一个条款，最后引用的条款规定了另一个条款。

They have no connection with the general powers and rights of sovereignty delegated to the new Government, and can neither enlarge nor diminish them.

它们与授予新政府的一般权力和主权权利没有任何关系，也不能扩大或减少它们。

They were inserted to meet a present emergency, and not to regulate its powers as a Government.

设立它们是为了应对当前的紧急情况，而不是为了规范政府的权力。

Indeed, a similar provision was deemed necessary, in relation to treaties made by the Confederation; and when in the clause next succeeding the one of which we have last spoken, it is declared that treaties shall be the supreme law of the land, care is taken to include, by express words, the treaties made by the confederated States.

事实上，对于联邦制定的条约，类似的规定被认为是必要的；当我们上次谈到的条款之后的下一个条款宣布条约是国家的最高法律时，我们会注意以明确的措辞将各邦联所签订的条约包括在内。

The language is: "and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land."

其措辞是：“在合众国权力下签订或将要签订的所有条约均应成为该国的最高法律。”

Whether, therefore, we take the particular clause in question, by itself, or in connection with the other provisions of the Constitution, we think it clear, that it applies only to the particular territory of which we have spoken, and cannot, by any just rule of interpretation, be extended to territory which the new Government might afterwards obtain from a foreign nation.

因此，无论我们是单独考虑该特定条款，还是与宪法的其他条款结合起来，我们都认为很清楚，它仅适用于我们所谈到的特定领土，并且不能根据任何公正的解释规则，扩展到新政府后来可能从外国获得的领土。

Consequently, the power which Congress may have lawfully exercises in this Territory, while it remained under a Territorial Government, and which may have been sanctioned by judicial decision, can furnish no justification and no argument to support a similar exercise of power over territory afterwards acquired by the Federal Government.

因此，国会在该领土上合法行使的权力，虽然该领土仍由领土政府管辖，并且可能已得到司法裁决的批准，但不能提供任何理由和论据来支持对联邦政府后来获得的领土行使类似的权力。

We put aside, therefore, any argument, drawn from precedents, showing the extent of the power which the General Government exercised over slavery in this Territory, as altogether inapplicable to the case before us.

因此，我们搁置任何从先例中得出的论点，表明联邦政府对本领土奴隶制行使的权力范围，因为完全不适用于我们面前的案件。

But the case of the American and Ocean Insurance Companies v.

但美国和海洋保险公司诉美国和海洋保险公司案。

Canter (1 Pet., 511) has been quoted as establishing a different construction of this clause of the Constitution.

Canter (1 Pet., 511) 被引用为对宪法的这一条款建立了不同的解释。

There is, however, not the slightest conflict between the opinion now given and the one referred to; and it is only by taking a single sentence out of the latter and separating it from the context, that even an appearance of conflict can be shown.

然而，现在给出的意见和所提到的意见之间没有丝毫冲突；只有从后者中取出一句话，脱离上下文，才能表现出哪怕是表面上的冲突。

We need not comment on such a mode of expounding an opinion of the court.

对于法院的这种阐述意见的方式，我们无需评论。

Indeed it most commonly misrepresents instead of expounding it.

事实上，它最常见的是曲解而不是阐述。

And this is fully exemplified in the case referred to, where, if one sentence is taken by itself, the opinion would appear to be in direct conflict with that now given; but the words which immediately follow that sentence show that the court, did not mean to decide the point, but merely affirmed the power of Congress to establish a Government in the Territory, leaving it an open question, whether that power was derived from this clause in the Constitution, or was to be necessarily referred item a power to acquire territory by cession from a foreign Government.

这一点在上述案例中得到了充分的体现，如果单独采取一句话，那么该意见似乎与现在所给出的意见直接相冲突；但紧接着这句话之后的文字表明，法院无意对这一点做出裁决，而只是确认了国会在该领土上建立政府的权力，这留下了一个悬而未决的问题，即该权力是否源自《宪法》中的这一条款，或者必然被称为通过从外国政府割让获得领土的权力。

The opinion on this part of the case is short, and we give the whole of it to show how well the selection of a single sentence is calculated to mislead.

对这部分案例的意见很简短，我们给出了整个意见，以表明选择单个句子是多么容易产生误导。

The passage referred to is in page 542, in which the court.

所提到的段落位于第 542 页，其中法院。

in speaking of the power of Congress to establish a Territorial Government in Florida until it should become a State, uses the following language:

在谈到国会有权在佛罗里达州建立领土政府直至其成为一个州时，使用以下语言：

"In the mean time Florida continues to be a Territory of the United States, governed by that clause of the Constitution which empowers Congress to make all needful rules and regulations respecting the territory or other property of the United States.

“与此同时，佛罗里达州仍然是美国的一个领土，受宪法条款管辖，该条款授权国会制定尊重美国领土或其他财产的所有必要规则和条例。

Perhaps the power of governing a Territory belonging to the United States, which has not, by becoming a State, acquired the means of self government, may result, necessarily, from the facts that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States.

也许，管理属于美国的领土的权力，而该领土尚未通过成为一个州而获得自治手段，可能必然是由于该领土不属于任何特定州的管辖范围，而是属于美国的权力和管辖范围之内的事实。

The right to govern may be the inevitable consequence of the right to acquire territory.

统治权可能是获得领土权的必然结果。

Whichever may be the source from which the power is derived, the possession of it is unquestionable.

无论权力的来源是什么，拥有权力都是毫无疑问的。

"

”

It is thus clear, from the whole opinion on this point, that the court did not mean to decide whether the power was derived from the clause in the Constitution, or was the necessary consequence of the right to acquire, They do decide that the power in Congress is unquestionable, and in this we entirely concur, and nothing will be found in this opinion to the contrary.

因此，从整个意见来看，很明显，法院无意决定该权力是否源于宪法条款，或者是获得权利的必然结果，他们确实认为国会的权力是不容置疑的，在这一点上我们完全同意，并且在该意见中不会发现任何相反的内容。

The power stands firmly on the latter alternative put by the court--that is, as " the inevitable consequence of the right to acquire territory.

权力坚定地支持法院提出的后一种选择，即“获得领土权的必然结果”。

"

”

And what still more clearly demonstrates that the court did not mean to decide the question, but leave it open for future consideration, is the fact that the case was decided in the Circuit Court by Mr. Justice Johnson, and his decision was affirmed by the Supreme Court.

更清楚地表明法院无意对这个问题做出裁决，而是留待将来考虑，事实是该案是由巡回法院由约翰逊法官裁决的，并且他的裁决得到了最高法院的维持。

His opinion at the circuit is given in full in a note to the case, and in that opinion he states, in explicit terms, that the clause of the Constitution applies only to the territory then within the limits of the United States.

他在巡回法院的意见在案件的注释中得到了完整的阐述，在该意见中，他明确指出，宪法的条款仅适用于当时在美国境内的领土。

and not to Florida, which had been acquired by cession from Spain.

而不是佛罗里达州，该州是通过西班牙割让获得的。

This part of his opinion will be found in the note in page 517 of the report.

他的这部分意见可以在报告第517页的注释中找到。

But he does not dissent from the opinion of the Supreme Court; thereby showing that, in his judgment as well as that of the court, the case before them did not call for a decision on that particular point, and the court abstained from deciding it.

但他并不反对最高法院的意见；从而表明，在他的判决以及法院的判决中，他们所审理的案件并不需要就这一特定问题作出裁决，法院对此投了弃权票。

And in a part of its opinion subsequent to the passage we have quoted, where the court speak of the legislative power of Congress in Florida, they still speak with the same reserve.

在我们引用的段落之后的部分意见中，法院谈到佛罗里达州国会的立法权时，他们仍然持同样的保留态度。

And in page 546, speaking of the power of Congress to authorise the Territorial Legislature to establish courts there, the court say: "They are legislative courts, created in virtue of the general right of sovereignty which exists in the Government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the United States."

在第 546 页，谈到国会授权领土立法机构在那里设立法院的权力时，法院说：“它们是立法法院，是根据政府存在的一般主权权利或根据使国会能够制定尊重属于美国领土的所有必要规则和条例的条款而设立的。”

It has been said that the construction given to this clause is new, and now for the first time brought forward.

据说，该条款的解释是新的，现在是首次提出。

The case of which we are speaking, and which has been so much discussed, shows that the fact is otherwise.

我们正在谈论的、经过如此多讨论的案例表明，事实并非如此。

It shows that precisely the same question came before Mr. Justice Johnson, at his circuit, thirty years ago--was fully considered by him, and the same construction given to the clause in the Constitution which is now given by this court.

这表明，三十年前，在巡回法庭上，约翰逊先生也曾充分考虑过同样的问题，并且本法院现在对宪法中的条款给出了相同的解释。

And that upon an appeal from his decision the same question was brought before this court, but was not decided because a decision upon it was not required by the case before the court.

并且在对其决定提出上诉后，同样的问题被提交给本法院，但没有得到裁决，因为法院审理的案件不需要对此作出裁决。

There is another sentence in the opinion which has been commented on, which even in a still more striking manner shows how one may mislead or be misled by taking out a single sentence from the opinion of a court, and leaving out of view what precedes and follows.

已被评论的意见中还有另一句话，甚至以更引人注目的方式表明，从法院意见中取出一句话，而忽略前后内容，可能会产生误导或被误导。

It is in page 546, near the close of the opinion, in which the court say: "In legislating for them," (the territories of the United States,) "Congress exercises the combined powers of the General and or a State Government." And it is said, that as a State may unquestionably prohibit slavery within its territory, this sentence decides in effect that Congress may do the same in a territory of the United States, exercising there the powers of a State, as well as the power of the General Government.

在第 546 页，接近意见结尾时，法院说：“在为他们（美国领土）立法时，国会行使联邦政府和/或州政府的综合权力。”据说，由于一个州可以毫无疑问地禁止其领土内的奴隶制，这句话实际上决定国会可以在美国境内做同样的事情，在那里行使州的权力以及联邦政府的权力。

The examination of this passage in the case referred to, would be more appropriate when we come to consider in another part of this opinion what power Congress can constitutionally exercise in a Territory, over the rights of person or rights of property of a citizen.

当我们在本意见的另一部分中考虑国会可以在一个领土上对公民的人身权或财产权行使什么权力时，对上述案例中的这段话进行审查会更合适。

But, as it is in the same case with the passage we have before commented on, we dispose of it now, as it will save the court from the necessity of referring again to the case.

但是，由于它与我们之前评论过的段落属于同一案件，我们现在就将其处理掉，因为这将使法院无需再次审理该案件。

And it will be seen upon reading the page in which this sentence is found, that it has no reference whatever to the power of Congress over rights of person or rights of property--but relates altogether to the power of establishing judicial tribunals to administer the laws constitutionally passed, and defining the jurisdiction they may exercise.

阅读这句话的页面后就会发现，它与国会对人身权或财产权的权力没有任何关系，而是完全涉及建立司法法庭来执行宪法通过的法律的权力，并确定它们可以行使的管辖权。

The law of Congress establishing a Territorial Government in Florida, provided that the Legislature of the Territory should have legislative powers over "all rightful objects of legislation; but no law should be valid which was inconsistent with the laws and Constitution of the United States."

国会在佛罗里达州建立领地政府的法律规定，领地的立法机关应对“所有合法的立法目标；但任何与美国法律和宪法相抵触的法律都不应有效。”

Under the power thus conferred, the Legislature of Florida passed an act, erecting a tribunal at Key West to decide cases of salvage., And in the case of which we are speaking, the question arose whether the Territorial Legislature could be authorised by Congress to establish such a tribunal, with such powers; and one of the parties, among other objections, insisted that Congress could not under the Constitution authorise the Legislature of the Territory to establish such a tribunal with such powers, but that it must be established by Congress itself; and that a sale of cargo made under its order, to pay salvors, was void, as made without legal authority, and passed no property to the purchaser.

根据如此授予的权力，佛罗里达州立法机关通过了一项法案，在基韦斯特建立了一个法庭来裁决救助案件。就我们所说的案件而言，出现了国会是否可以授权领土立法机关建立这样一个法庭并拥有这样的权力的问题；除其他反对意见外，其中一方坚持认为，根据宪法，国会不能授权领土立法机构设立具有此类权力的法庭，而必须由国会本身设立；根据其命令进行的货物出售以支付救助人的费用是无效的，因为未经合法授权，并且没有将任何财产转移给购买者。

It is in disposing of this objection that the sentence relied on occurs, and the court begins that part of the opinion by stating with great precision the point, which they are about to decide.

正是在处理这一反对意见的过程中，判决所依据的结果出现了，法院在意见的这一部分开始，非常精确地陈述了他们将要决定的观点。

They say: "It has been contended that by the Constitution of the United States, the judicial power of the United States extends to all cases of admiralty and maritime jurisdiction; and that the whole of the judicial power must be vested 'in one Supreme Court, and in such inferior courts as Congress shall from time to time ordain and establish.' Hence it has been argued that Congress cannot vest admiralty jurisdiction in courts created by the Territorial Legislature."

他们说：“有人认为，根据美国宪法，美国的司法权延伸至所有海事和海事管辖权案件；全部司法权必须授予“一个最高法院，以及国会不时指定和设立的下级法院”。因此，有人认为国会不能将海事管辖权授予领土立法机构设立的法院。”

And after thus clearly stating the point before them, and which they were about to decide, they proceed to show that these Territorial tribunals were not constitutional courts, but merely legislative, and that Congress might, therefore, delegate the power to the Territorial Government to establish the court in question; and they conclude that part of the opinion in the following words: "Although admiralty jurisdiction can be exercised in the States in those courts only which are established in pursuance of the third article of the Constitution, the same limitation does not extend to the Territories.

在清楚地陈述了他们面前以及他们将要决定的观点之后，他们继续表明，这些领土法庭不是宪法法院，而仅仅是立法法院，因此国会可以将设立有关法院的权力委托给领土政府；他们的结论如下：“虽然海事管辖权只能在各州根据《宪法》第三条设立的法院行使，但同样的限制并不适用于领土。

In legislating for them, Congress exercises the combined powers of the General and State Governments."

在为其立法时，国会行使联邦政府和州政府的综合权力。”

Thus it will be seen by these quotations from the opinion.

因此，从这些意见的引述中就可以看出。

that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by.

法院在以一种过于简单而不会被误解的方式陈述即将做出裁决的问题后，继续做出裁决，并宣布，作为法庭的意见，在美国领土上组织政府司法部门时，国会不根据，也不受其限制。

the third article in the Constitution, and is not bound.

宪法第三条规定，不受约束。

in a Territory.

在一个领土内。

to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department, and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only; and may vest in them judicial power upon subjects confided to the judiciary of the United States.

任命和设立法院，法官在行为良好的情况下任职，但可以行使国家在建立司法部门和规范法院管辖权方面行使的自由裁量权，并可授权领土政府设立或自行设立法官仅任期数年的法院；并可赋予他们对美国司法部门管辖的事项的司法权。

And in doing this, Congress undoubtedly exercises the combined power of the General and a State Government.

在这样做时，国会无疑行使了联邦政府和州政府的综合权力。

It exercises the discretionary power of a State Government in authorizing the establishment of a court in which the judges hold their appointments for a term of years only, and not during good behaviour; and it exercises the power of the General Government in investing that court with admiralty jurisdiction, over which the General Government had exclusive jurisdiction in the Territory.

它行使州政府的自由裁量权，授权设立一个法院，法官的任期仅限多年，而不是在表现良好的情况下；它行使联邦政府的权力，赋予该法院海事管辖权，而联邦政府对此拥有专属管辖权。

No one, we presume, will question the correctness of that opinion; nor is there anything in conflict with it in the opinion now given.

我们认为，没有人会质疑这一观点的正确性。现在给出的意见也没有任何与之相矛盾的地方。

The point decided in the case cited has no relation to the question now before the court.

所引用案件中的判决与法庭目前提出的问题无关。

That depended on the construction of the third article of the Constitution, in relation to the judiciary of the United States, and the power which Congress might exercise in a Territory in organizing the judicial department of the Government.

这取决于与美国司法部门有关的宪法第三条的解释，以及国会在一个领土上可能行使的组织政府司法部门的权力。

The case before us depends upon other and different provisions of the Constitution, altogether separate and apart from the one above mentioned.

我们面前的案件取决于宪法的其他不同条款，这些条款与上述条款完全分开。

The question as to what courts Congress may ordain or establish in a Territory to administer laws which the Constitution authorizes it to pass, and what laws it is or is dot authorized by the Constitution to pass, are widely different--are regulated by different and separate articles of the Constitution, and stand upon different principles.

国会可以在一个领土内任命或设立哪些法院来执行宪法授权其通过的法律，以及宪法授权通过哪些法律，这些问题是截然不同的——由不同的、单独的宪法条款规定，并基于不同的原则。

And we are satisfied that no one who reads attentively the page in Peters's Reports to which we have referred, can suppose that the attention of the court was drawn to a moment to the question now before this court, or that it meant in that case to say that Congress had a right to prohibit a citizen of the United States from taking any property which he lawfully held into a Territory of the United States.

我们确信，仔细阅读我们所提到的彼得斯报告中的这一页的人都不会认为法院的注意力被吸引到了现在摆在本法院面前的问题上，或者在这种情况下，这意味着国会有权禁止美国公民将他合法持有的任何财产带入美国领土。

This brings us to examine by what provision of the Constitution the present Federal Government, under its delegated and restricted powers, is authorized to acquire territory outside of the original limits of the United States, and what powers it may exercise therein over the person or property of a citizen of the United States, while it remains a Territory, and until it shall be admitted as one of the States of the Union.

这让我们审视宪法的哪些条款，允许现任联邦政府根据其授权和限制的权力获取合众国原来边界之外的领土，以及在它仍然是一个领土期间，直到它被接纳为联邦州之一之前，它可以对美国公民的人身或财产行使哪些权力。

There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure; nor to enlarge its territorial limits in any way, except by the admission of new States.

宪法当然没有赋予联邦政府建立或维持与美国接壤或相距较远的殖民地的权力，并可以自行统治和管理；也不得以任何方式扩大其领土范围，除非接纳新国家。

That power is plainly given; and if a new State is admitted, it needs no further legislation from Congress, because the Constitution itself defines the relative rights and powers, and duties of the State, and the citizens of the State.

这种权力是明确赋予的；如果一个新州被接纳，它不需要国会进一步立法，因为宪法本身定义了州和州公民的相对权利、权力和义务。

and the Federal Government.

和联邦政府。

But no power is given to acquire a Territory to be held and governed permanently in that character.

但没有权力获得一个以这种性质永久持有和统治的领土。

And indeed the power exercised by Congress to acquire territory and establish a Government there, according to its own unlimited discretion, was viewed with great jealousy by the leading statesmen of the day.

事实上，国会根据自己无限的自由裁量权行使获取领土并在那里建立政府的权力，受到当时主要政治家的极大嫉妒。

And in the Federalist, (No. 38,) written by Mr. Madison.

以及麦迪逊先生撰写的《联邦党人文集》（第 38 期）。

he speaks of the acquisition of the Northwestern Territory by the confederated States, by the cession from Virginia, and the establishment of a Government there, as an exercise of power not warranted by the Articles of Confederation, and dangerous to the liberties of the people.

他谈到联邦各州通过从弗吉尼亚割让西北地区并在那里建立政府，这是一种不受《邦联条款》授权的权力行使，对人民的自由构成危险。

And he urges the adoption of the Constitution as a security and safeguard against such an exercise of power.

他敦促通过宪法作为防止这种权力行使的保障和保障。

We do not mean, however, to question the power of Congress in this respect.

然而，我们并不是要质疑国会在这方面的权力。

The power to expand the territory of the United States by the admission of new States is plainly given; and in the construction of this power by all the departments of the Government, it has been held to authorize the acquisition of territory, not fit for admission at the time.

通过接纳新州来扩大美国领土的权力是明确赋予的；在政府各部门构建这一权力的过程中，一直认为是授权收购当时不适合接纳的领土。

but to be admitted as soon as its population and situation would entitle it to admission.

但只要其人口和情况允许其被接纳，就应立即接纳。

It is acquired to become a State, and not to be held as a colony and governed by Congress with absolute authority; and as the propriety of admitting a new State is committed to the south discretion of Congress, the power to acquire territory for that purpose, to be held by the United States until it is in a suitable condition to become a State upon an equal footing with the other States, must rest upon the same discretion.

它是为了成为一个州而获得的，而不是作为一个殖民地并由国会以绝对权力进行管理；由于接纳一个新州的适当性由国会自行决定，为此目的获得领土的权力必须由美国拥有，直到它处于与其他州平等的适当条件成为一个州为止，也必须由同样的自由裁量权决定。

It is a question for the political department of the Government, and not the judicial: and whatever the political department of the Government shall recognize as within the limits of the United States, the judicial department is also bound to recognize, and to administer in it the laws of the United States, so far as they apply, and to maintain in the Territory the authority and rights of the Government, and also the personal rights and rights of property of individual citizens, as secured by the Constitution.

这是政府政治部门的问题，而不是司法部门的问题：无论政府政治部门在合众国境内承认什么，司法部门也有义务承认并在其中执行适用的合众国法律，并在领土上维护政府的权威和权利，以及宪法所保障的公民个人的人身权利和财产权利。

All we mean to say on this point is, that, as there is no express regulation in the Constitution defining the power which the General Government may exercise over the person or property of a citizen in a Territory thus acquired, the court must necessarily look to the provisions and principles of the Constitution, and its distribution of powers, for the rules and principles by which its decision must be governed.

关于这一点，我们想说的是，由于《宪法》中没有明确规定联邦政府可以对由此获得的领土上的公民的人身或财产行使的权力，因此法院必须参考《宪法》的条款和原则及其权力分配，以了解其决策必须遵循的规则和原则。

Taking this rule to guide us, it may be safely assumed that citizens of the United States who migrate to a Territory belonging to the people of the United States, cannot be ruled as mere colonists, dependent upon the will of the General Government, and to be governed by any laws it may think proper to impose.

以这条规则为指导，我们可以放心地假设，移民到属于美国人民的领土的美国公民不能被视为纯粹的殖民者，取决于联邦政府的意愿，并受其认为适当实施的任何法律的管辖。

The principle upon which our Governments rest, and upon which alone they continue to exist, is the union of States, sovereign and independent within their own limits in their internal and domestic concerns, and bound together as one people by a General Government, possessing certain enumerated and restricted powers, delegated to it by the people of the several States, and exercising supreme authority within the scope of the powers granted to it, throughout the dominion of the United States.

我们各国政府赖以生存的原则是各国的联盟，它们在各自的内部和国内关切的范围内享有主权和独立，并由一个联邦政府将其团结为一个民族，拥有由几个州的人民委托给它的某些列举和限制的权力，并在整个合众国的统治范围内，在授予它的权力范围内行使最高权力。

A power, therefore, in the General Government to obtain and hold colonies and dependent territories, over which they might legislate without restriction, would be inconsistent with its own existence in its present form.

因此，联邦政府拥有获得和持有殖民地和附属领土的权力，并且可以不受限制地对其进行立法，这将与其目前形式的存在相矛盾。

Whatever it acquires, it acquires for the benefit of the people of the several States who created it.

无论它获得什么，它都是为了创建它的几个国家的人民的利益。

It is their trustee acting for them.

这是他们的受托人为他们行事。

and charged with the duty of promoting the interests of the whole people of the whole Union in the exercise of the powers specifically granted.

并负责在行使特别授予的权力时促进全联盟全体人民的利益。

At the time when the Territory in question was obtained by cession from France, it contained no population fit to be associated together and admitted as a State; and it therefore was absolutely necessary to hold possession of it, as a Territory belonging to the United States, until it was settled and inhabited by a civilized community capable of self-government, and in a condition to be admitted on equal terms with the other States as a member of the Union.

当该领土从法国割让获得时，该领土上没有适合联合在一起并被接纳为一个国家的人口；因此，绝对有必要占有它，作为属于美国的领土，直到它被一个能够自治的文明社会定居和居住，并在与其他国家平等的条件下被接纳为联邦成员。

But, as we have before said, it was acquired by the General Government, as the representative and trustee of the people of the United States, and it must therefore be held in that character for their common and equal benefit; for it was the people of the several States, acting through their agent and representative, the Federal Government, who in fact acquired the Territory in question, and the Government holds it for their common use until it shall be associated with the other States as a member of the Union.

但是，正如我们之前所说，它是由作为美国人民的代表和受托人的联邦政府获得的，因此，为了他们的共同和平等的利益，它必须保持这种性质；因为实际上是几个州的人民通过他们的代理人和代表联邦政府取得了有关领土，政府持有该领土供他们共同使用，直到它作为联邦成员与其他州联合起来为止。

But until that time arrives, it is undoubtedly necessary that some Government should be established in order to organize society, and to protect the inhabitants in their persons and property; and as the people of the United States could act in this matter only through the Government which represented them, and through which they spoke and acted when the Territory was obtained, it was not only within the scope of its powers, but it was its duty to pass such laws and establish such a Government as would enable those by whose authority they acted to reap the advantages anticipated from us acquisition, and to gather there a population which would enable it to assume the position to which it was destined among the States of the Union.

但在那一天到来之前，毫无疑问有必要建立某个政府来组织社会并保护居民的人身和财产；由于美国人民只能通过代表他们的政府在此事上采取行动，他们在获得领土时通过政府发言和采取行动，因此，通过此类法律和建立这样一个政府不仅属于其权力范围，而且有责任通过此类法律并建立这样一个政府，使他们所代理的国家能够从我们的占领中获得预期的好处，并在那里聚集一批人口，使其能够在联邦各州中占据其注定的地位。

The power to acquire necessarily carries with it the power to preserve and apply to the purposes for which it was acquired.

获取的权力必然伴随着保留和适用于获取该权力的目的的权力。

The form of government to be established necessarily rested in the discretion of Congress.

所建立的政府形式必然由国会自行决定。

It was their duty to establish the one that would behest suited for the protection and security of the citizens of the United States, and other inhabitants who might be authorized to take up their abode there, and that must always depend upon the existing condition of the Territory, as to the number and character of its inhabitants, and their situation in the Territory.

他们有责任建立一个最适合美国公民以及可能被授权在此居住的其他居民的保护和安全的机构，并且必须始终取决于领土的现有状况，例如其居民的数量和特征及其在领土内的状况。

In some cases a Government.

在某些情况下是政府。

consisting of persons appointed by the Federal Government, would best subserve the interests of the Territory, when the inhabitants were few and scattered, and new to one another.

当居民稀少、分散、彼此陌生时，由联邦政府任命的人员组成的委员会最有利于领土的利益。

In other instances, it would be more advisable to commit the powers of self-government to the people who had settled in the Territory, as being the most competent to determine what was best for their own interests.

在其他情况下，最好将自治权交给在该领土定居的人民，因为他们最有能力决定什么对自己的利益最有利。

But some form of civil authority would be absolutely necessary to organize and preserve civilized society, and prepare it to become a State; and what is the best form must always depend on the condition of the territory at the time, and the choice of the mode must depend upon the exercise of a discretionary power by Congress, acting within the scope of its constitutional authority, and not infringing upon the rights of person or rights of property of the citizen who might go there to reside, or for any other lawful purpose.

但是，某种形式的民事权威对于组织和维护文明社会并使其为成为国家做好准备是绝对必要的；最佳形式必须始终取决于当时领土的状况，而模式的选择必须取决于国会行使自由裁量权，在其宪法权力范围内行事，并且不侵犯可能前往该国居住或出于任何其他合法目的的公民的人身权或财产权。

It was acquired by the exercise of this discretion, and it must be held and governed in like manner, until it is fitted to be a State.

它是通过行使这种自由裁量权而获得的，并且必须以类似的方式进行管理和管理，直到它适合成为一个州。

But the power of Congress over the person or property of a citizen can never be a more discretionary power under our Constitution and form of Government.

但根据我们的宪法和政府形式，国会对公民人身或财产的权力永远不会是更自由裁量权。

The powers of the Government and the rights and privileges of the citizen are regulated and plainly defined by the Constitution itself.

政府的权力以及公民的权利和特权均由宪法本身规定和明确界定。

And when the Territory becomes a part of the United States.

当该领土成为美国的一部分时。

the Federal Government enters into possession in the character impressed upon it by those who created it.

联邦政府拥有其创建者所赋予的特征。

It enters upon it with its powers over the citizen strictly defined, and limited by the Constitution, from which it derives its own existence, and by virtue of which alone it continues to exist and act as a Government and sovereignty.

它对公民的权力受到宪法的严格界定和限制，它的存在源于宪法，并且仅凭宪法，它就继续存在并作为政府和主权发挥作用。

It has no power of any kind beyond it; and it cannot, when it enters a Territory of the United States.

它没有任何超越它的力量；当它进入美国领土时，它就不能。

put off its character, and assume discretionary or despotic powers which the Constitution has denied to it.

推迟其性质，并承担宪法所否认的自由裁量权或专制权力。

It cannot create for itself a new character separated from the citizens of the United States.

它无法为自己创造一个脱离美国公民的新角色。

and the duties it owes them under the provisions of the Constitution.

以及宪法规定的义务。

The Territory being a part of the United States, the Government and the citizen both enter it under the authority of the Constitution, with their respective rights defined and marked out; and the Federal Government can exercise no power over his person or property, beyond what that instrument confers, nor lawfully deny any right which it has reserved.

该领土是美国的一部分，政府和公民均根据宪法的授权进入该领土，并界定和标明了各自的权利；联邦政府不能对其人身或财产行使超出该文书赋予的权力，也不能合法否认其保留的任何权利。

A reference to a few of the provisions of the Constitution will illustrate this proposition.

引用宪法的一些条款将说明这一主张。

For example, no one, we presume, will contend that Congress can make any law in a Territory respecting the establishment of religion, or the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people of the Territory peaceably to assemble, and to petition the Government top the redress of grievances.

例如，我们认为，没有人会主张国会可以在一个领土上制定任何法律，尊重建立宗教或自由行使宗教信仰，或剥夺言论或新闻自由，或该领土人民和平集会和向政府请愿以纠正冤屈的权利。

Nor can Congress deny to the people the right to keep and bear arms, nor the right to trial by jury, nor compel any one to be a witness against himself in a criminal proceeding.

国会也不能剥夺人民持有和携带武器的权利，也不能剥夺人民接受陪审团审判的权利，也不能强迫任何人在刑事诉讼中作对自己不利的证人。

These powers, and others, in relation to rights of person, which it is not necessary here to enumerate, are, in express and positive terms, denied to the General Government; and the rights of private property have been guarded with equal care.

这些权力以及其他与人身权利有关的权力（此处无需一一列举）均以明确和积极的措辞被剥夺给联邦政府；私有财产权得到平等保护。

Thus the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law.

因此，财产权与人身权结合在一起，并被宪法第五修正案置于同一基础上，该修正案规定，未经正当法律程序，不得剥夺任何人的生命、自由和财产。

And an act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.

仅仅因为美国公民本人来到美国或将其财产带入美国某一特定领土，并且没有违反法律，国会就剥夺其自由或财产的法案，在正当法律程序的名义下很难有尊严。

So, too, it will hardly be contended that Congress could by law quarter a soldier in a house in a Territory without the consent of the owner, in time of peace; nor in time of war.

因此，也很难说，在和平时期，国会可以根据法律在未经房主同意的情况下将一名士兵安置在领土的房屋内。也不在战争时期。

But in a manner prescribed by law.

但要按照法律规定的方式。

Nor could they by law forfeit the property of a citizen in a Territory who was convicted of treason, for a longer period than the life of the person convicted; nor take private property for public use without just compensation.

根据法律，他们也不能没收领土上被判犯有叛国罪的公民的财产，其期限不得超过被定罪者的生命；不得在没有公正补偿的情况下将私有财产转为公共使用。

The powers over person and property of which we speak are not only not granted to Congress, but are in express terms denied, and they are forbidden to exercise them.

我们所说的对人身和财产的权力不仅没有授予国会，而且被明确否认，并且禁止国会行使这些权力。

And this prohibition is not confined to the States.

而且这项禁令并不仅限于各州。

but the words are general.

但这些话很一般。

and extend to the whole territory over which the Constitution gives it power to legislate, including those portions of it remaining under Territorial Government, as well as that covered by States.

并延伸至《宪法》赋予其立法权的整个领土，包括仍由领土政府管辖的部分以及由各州管辖的部分。

It is a total absence of power everywhere within the dominion of the United States.

美国统治范围内到处都完全缺乏权力。

and places the citizens of a Territory.

并放置领土的公民。

so far as these rights are concerned, on the same footing with citizens of the States, and.

就这些权利而言，与各州公民处于同等地位，并且。

guards them as firmly and plainly against any inroads which the General Government might attempt, under the plea of implied or incidental powers.

坚决而明确地保护他们免受联邦政府以默示或附带权力为借口可能试图进行的任何侵犯。

And if Congress itself cannot do this--if it is beyond the powers conferred on the Federal Government--it will be admitted, we presume, that it could not authorise a Territorial Government to exercise them.

如果国会本身不能做到这一点——如果它超出了授予联邦政府的权力——我们认为，我们将承认它不能授权领土政府行使这些权力。

It could confer no power on any local Government, established by its authority, to violate the provisions of the Constitution.

它不能授予其权力设立的任何地方政府违反《宪法》规定的权力。

It seems, however.

不过看来。

to be supposed, that there is a difference between property in a slave and other property, and that different rules may be applied to it in expounding the Constitution of the United States.

可以假设，奴隶的财产与其他财产之间存在区别，并且在解释美国宪法时可以适用不同的规则。

And the laws add usages of nations, and the writings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which Governments may exercise over it, have been dwelt upon in the argument.

法律增加了各国的惯例，著名法学家的著作中也详细讨论了主人和奴隶的关系、他们相互的权利和义务，以及政府可以对其行使的权力。

But in considering the question before us, it must be borne in mind that there is no law of nations standing between the people of the United States and their Government, and interfering with their relation to each other.

但在考虑我们面前的问题时，必须牢记的是，美国人民与其政府之间不存在任何国际法，也不会干扰他们之间的关系。

The powers of the Government, and the rights of the citizen under it, are positive and practical regulations plainly written down.

政府的权力以及公民在政府之下的权利，都是明文规定的积极且实用的规定。

The people of the United States have delegated to it certain enumerated powers, and forbidden it to exercise others.

美国人民授予它某些列举的权力，并禁止它行使其他权力。

It has no power over the person or property of a citizen but what the citizens of the United States have granted.

除了美国公民授予的权力外，它对公民的人身或财产没有任何权力。

And no laws or usages of other nations, or reasoning of statesmen or jurists upon the relations of master and slave, can enlarge the powers of the Government, or take from the citizens the rights they have reserved.

其他国家的任何法律或惯例，或政治家或法学家关于主奴关系的推理，都不能扩大政府的权力，或剥夺公民所保留的权利。

And if the Constitution recognizes the right of property of the master in a slave, and makes no distinction between that description of property and other property owned by a citizen, no tribunal.

如果宪法承认主人对奴隶的财产权，并且不区分该财产的描述和公民拥有的其他财产，那么就没有法庭。

acting under the authority of the United States, whether it he legislative, executive, or judicial, has a right to draft such a distinction, or deny to it the benefit of the provisions and guarantees which have been provided for the protection of private property against the encroachments of the Government.

在美国权力下行事的国家，无论是立法、行政还是司法部门，都有权起草这样的区分，或拒绝享受为保护私有财产免受政府侵犯而提供的规定和保障的好处。

Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution.

现在，正如我们在本意见的前面部分已经说过的那样，在不同的观点上，奴隶的财产权在宪法中得到了明确和明确的确认。

The right to traffic in it, like an ordinary article of merchandise and property.

与普通商品和财产一样，对其进行交易的权利。

was guarantied to the citizens of the United States, in every State that might desire it, for twenty years.

向美国公民以及每个可能需要的州的公民提供二十年的保证。

And the Government in express terms is pledged To protect it in all future time, if the slave escapes from his owner.

政府明确承诺，如果奴隶从主人手中逃脱，将在未来的任何时间保护它。

This is done in plain words--too plain to be misunderstood.

这是用简单的语言完成的——太简单了，不会被误解。

And no word can be found in the Constitution which gives Confess a greater power over slave property, or which entitles property of that kind to less protection than property of any other description.

宪法中没有任何文字赋予坦白对奴隶财产更大的权力，或者赋予此类财产比任何其他类型的财产更少的保护。

The only power conferred is the power coupled with the duty of guarding and protecting the owner in his rights.

唯一被授予的权力是权力以及保卫和保护所有者权利的义务。

Upon these considerations, it is the opinion of the court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned, is not warranted by the Constitution, and is therefore void; and that neither Dred Scott himself, nor any of his family, were made free by being carried into this territory; even if they had been carried there by the owner, with the intention of becoming a permanent resident.

基于这些考虑，法院认为，国会禁止公民在上述线以北的美国境内持有和拥有此类财产的法案不受宪法保证，因此无效；德雷德·斯科特本人和他的家人都没有因被带入这片领土而获得自由；即使它们是被主人带到那里的，目的是成为永久居民。

We have so far examined the case.

到目前为止，我们已经审查了此案。

as it stands under the Constitution of the United States, and the powers thereby delegated to the Federal Government.

根据美国宪法，以及由此授予联邦政府的权力。

But there is another point in the case which depends on State power and State law.

但本案还有一点取决于国家权力和国家法律。

And it is contended, on the part of the plaintiff, that he is made free by being taken to Rock Island, in the State of Illinois, independently of his residence in the territory of the United States; and being so made free, he was not again reduced to a state of slavery by being brought back to Missouri.

原告声称，他是通过被带到伊利诺伊州罗克岛而获得自由的，与他在美国领土上的居住无关；获得自由后，他并没有因为被带回密苏里州而再次沦为奴隶。

Our notice of this part of the case will be very brief; for the principle on which it depends was decided in this court, upon much consideration in the case of Strader et al.

我们对这部分案件的通知将非常简短；因为该法院所依据的原则是在对斯特拉德等人案件进行深思熟虑后做出的。

v.

v.

Graham, reported in 10th Howard, 82.

格雷厄姆，《霍华德第 10 期》报道，82 岁。

In that case, the slaves had been taken from Kentucky to Ohio, with the consent of the owner, and afterwards brought back to Kentucky.

在这种情况下，经奴隶主同意，奴隶被从肯塔基州带到俄亥俄州，然后又被带回肯塔基州。

And this court held that their status or condition, as free or slave, depended upon the laws of Kentucky, when they were brought back into that State, and not of Ohio; and that this court had no jurisdiction to revise the judgment of a State court upon its own laws.

该法院认为，当他们被带回肯塔基州时，他们的身份或状况，无论是自由人还是奴隶，取决于肯塔基州的法律，而不是俄亥俄州的法律；并且该法院无权根据其自身的法律修改州法院的判决。

This was the point directly before the court, and the decision that this court had not jurisdiction turned upon it, as will be seen by the report of the case.

这是法院直接审理的问题，法院没有管辖权的决定就是基于此，从案件的报告中可以看出。

So in this case.

所以在这种情况下。

As Scott was a slave when taken into the State of Illinois by his owner, and was there held as such, and brought back in that character, his status, as free or slave, depended on the laws of Missouri, and not of Illinois.

由于斯科特在被主人带入伊利诺伊州时是一名奴隶，并以奴隶身份被关押在那里，并以这种身份带回来，因此他的自由或奴隶身份取决于密苏里州的法律，而不是伊利诺伊州的法律。

It has, however, been urged in the argument, that by the laws of Missouri he was free on his return, and that this case, therefore, cannot be governed by the case of Strader et al.

然而，在争论中有人强调，根据密苏里州的法律，他返回后是自由的，因此，本案不能由斯特拉德等人的案件管辖。

v.

v.

Graham, where it appeared, by the laws of Kentucky, that the plaintiffs continued to be slaves on their return from Ohio.

格雷厄姆，根据肯塔基州的法律，原告从俄亥俄州返回后仍然是奴隶。

But whatever doubts or opinions may, at one time.

但无论有什么疑虑或意见，都可能在某一时刻出现。

have been entertained upon this subject, we are satisfied, upon a careful examination of all the cases decided in the State courts of Missouri referred to, that it is now firmly settled by the decisions of the highest court in the State, that Scott and his family upon their return were not free, but were, by the laws of Missouri, the property of the defendant; and that the Circuit Court of the United States had no jurisdiction, when, by the laws of the State, the plaintiff was a slave, and not a citizen.

我们已经就这个问题进行了审议，我们确信，在仔细审查了密苏里州法院所判决的所有案件后，该州最高法院的判决现已明确解决，斯科特和他的家人返回后并不自由，但根据密苏里州的法律，他们是被告的财产；当根据州法律，原告是奴隶而不是公民时，美国巡回法院没有管辖权。

Moreover, the plaintiff, it appears, brought a similar action against the defendant in the State Court of Missouri, claiming the freedom of himself and his family upon the same grounds and the same evidence upon which he relies in the case before the court.

此外，原告似乎在密苏里州法院对被告提起了类似的诉讼，以他在法庭上审理案件时所依据的相同理由和相同证据要求其本人及其家人的自由。

The case was carried before the Supreme Court of the State; was fully argued there; and that court decided that neither the plaintiff nor his family were entitled to freedom, and were still the slaves of the defendant; and reversed the judgment of the inferior State court, which had given a different decision.

该案已提交州最高法院审理；在那里进行了充分的争论；该法院裁定原告及其家人均无权获得自由，仍是被告的奴隶；并推翻了下级州法院的判决，该法院做出了不同的决定。

If the plaintiff supposed that this judgment of the Supreme Court of the State was erroneous.

如果原告认为州最高法院的这一判决是错误的。

and that this court had jurisdiction to revise and reverse it, the only mode by which he could legally bring it before this court was by writ of error directed to the Supreme Court of the State, requiring it to transmit the record to this court.

并且本法院拥有修改和撤销该记录的管辖权，他可以合法地将其提交本法院的唯一方式是通过向州最高法院发出错误令状，要求其将记录转交给本法院。

If this had been done, it is too plain for argument that the writ must have been dismissed for want of jurisdiction in this court.

如果这样做了，那么很明显，该令状必定因本法院缺乏管辖权而被驳回。

The case of Strader and others v.

斯特拉德等人诉案件

Graham is directly in point; and, indeed, independent of any decision, the language of the 25th section of the act of 1789 is too clear and precise to admit of controversy.

格雷厄姆说得很对；事实上，独立于任何决定，1789 年法案第 25 节的措辞过于清晰和精确，不容争议。

But the plaintiff did not pursue the mode prescribed by law for bringing the judgment of a State court before this court for revision, but suffered the case to be remanded to the inferior State court, where it is still continued, and is, by agreement of parties, to await the judgment of this court on the point.

但原告并没有按照法律规定的方式将州法院的判决提交本法院重审，而是将案件发回下级州法院重审，案件仍在下级法院继续审理，并经双方同意，等待本法院对此案的判决。

All of this appears on the record before us and by the printed report of the case.

所有这些都记录在我们面前的记录和案件的打印报告中。

And while the case is yet open and pending in the inferior State court, the plaintiff goes into the Circuit Court of the United States, upon the same case and the same evidence, and against the same party, and proceeds to judgment, and then brings here the same case from the Circuit Court, which the law would not have permitted him to bring directly from the State court.

虽然案件尚未在下级州法院审理并待决，但原告根据同一案件和相同证据，针对同一当事方，进入美国巡回法院，并进行判决，然后将同一案件从巡回法院带到这里，而法律不允许他直接从州法院提起该案件。

And if this court takes jurisdiction in this form, the result, so far as the rights of the respective parties are concerned, is in every respect substantially the same as if it had in open violation of law entertained jurisdiction over the judgment of the State court upon a writ of error, and revised and revered its judgment upon the ground that its opinion upon the question of law was erroneous.

如果本法院以这种形式行使管辖权，就各方当事人的权利而言，其结果在各方面都与公然违反法律，根据错误令状对州法院的判决行使管辖权，并以其对法律问题的意见有错误为由，修改和维持其判决相同。

It would ill become this court to sanction such an attempt to evade the law, or to exercise an appellate power in this circuitous way, which it is forbidden to exercise in the direct and regular and invariable forms of judicial proceedings.

本法院不应该制裁这种逃避法律的企图，或者以这种迂回的方式行使上诉权，而禁止在直接、常规和不变的司法程序中行使上诉权。

Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is used in the Constitution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it.

因此，总的来说，本法院的判决是，根据我们面前的记录，错误的原告不是密苏里州公民，就宪法中使用该词的含义而言；因此，美国巡回法院对本案没有管辖权，无法对此案作出判决。

Its judgment for the defendant must, consequently, be reversed, and a mandate issued, directing the suit to be dismissed for want of jurisdiction.

因此，必须推翻对被告的判决，并发出授权书，指示因缺乏管辖权而驳回诉讼。