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Address to the Jury -- Emma Goldman

向评审团致辞——艾玛·戈德曼
 ·  American Rhetoric  ·  原文

As in the case of my co-defendant, Alexander Berkman, this is also the first time in my life I have ever addressed a jury.

正如我的共同被告亚历山大·伯克曼(Alexander Berkman)的案件一样,这也是我一生中第一次向陪审团发表讲话。

I once had occasion to speak to three judges.

我曾经有机会与三位法官交谈。

On the day after our arrest it was give out by the U.

我们被捕的第二天,美国就发出了这份文件。

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Marshal and the District Attorney�s office that the �big fish� of the No-Conscription activities had been caught, and that there would be no more trouble-makers and disturbers to interfere with the highly democratic effort of the Government to conscript its young manhood for the European slaughter.

元帅和地方检察官办公室表示,禁止征兵活动中的“大鱼”已经被捕获,不会再有麻烦制造者和扰乱者干扰政府为欧洲屠杀而征召年轻人的高度民主努力。

What a pity that the faithful servants of the Government, personified in the U.

多么遗憾的是,政府的忠实仆人,以美国为代表。

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Marsha land the District Attorney, should have used such a weak and flimsy net for their big catch.

玛莎·兰德(Marsha Land)地区检察官,应该使用如此脆弱的网来捕获大鱼。

The moment the anglers pulled their heavily laden net ashore, it broke, and all the labor was so much wasted energy.

当垂钓者把装满重物的网拉上岸的那一刻,网就破裂了,所有的劳动都浪费了太多的精力。

The methods employed by Marshal McCarthy and his hosts of heroic warriors were sensational enough to satisfy the famous circus men, Barnum & Baily.

麦卡锡元帅和他的英雄战士们所采用的方法足以引起著名马戏团成员巴纳姆和贝利的轰动。

A dozen or more heroes dashing up two flights of stairs, prepared to stake their lives for their country, only to discover the two dangerous disturbers and trouble-makers Alexander Berkman and Emma Goldman, in their separate offices, quietly at work at their desks, wielding not a sword, nor a gun or a bomb, but merely their pens!

十几个英雄冲上两层楼梯,准备为国家献出生命,却发现两个危险的扰乱者和麻烦制造者亚历山大·伯克曼和艾玛·戈德曼在各自的办公室里,在办公桌前安静地工作,挥舞的不是剑,不是枪,也不是炸弹,而只是笔!

Verily, it required courage to catch such big fish.

确实,钓到这么大的鱼,是需要勇气的。

To be sure, tow officers equipped with a warrant would have sufficed to carry out the business of arresting the defendants Alexander Berkman and Emma Goldman.

可以肯定的是,两名持有逮捕令的警官就足以执行逮捕被告亚历山大·伯克曼和艾玛·戈德曼的任务。

Even the police know that neither of them is in the habit of running away or hiding under the bed.

连警察都知道,他们俩都没有逃跑或躲在床底下的习惯。

But the farce-comedy had to be properly staged if the Marshal and the District Attorney were to earn immortality.

但如果元帅和地区检察官想要永垂不朽,这场闹剧就必须妥善上演。

Hence the sensational arrest; hence, also, the raid upon the offices of THE BLAST, MOTHER EARTH and the No-Conscription League.

因此,这次逮捕引起了轰动。因此,“爆炸”、“地球母亲”和“无征兵联盟”的办公室也遭到袭击。

In their zeal to save the country from the trouble-makers, the Marshal and his helpers did not even consider it necessary to produce a search warrant.

元帅和他的助手们热衷于拯救国家免受麻烦制造者的侵害,他们甚至认为没有必要出示搜查令。

After all, what matters a mere scrap of paper when one is called upon to raid the offices of Anarchists!

毕竟,当一个人被要求突袭无政府主义者的办公室时,一张纸也算不了什么!

Of what consequence is the sanctity of property, the right of privacy, to officials in their dealings with Anarchists!

对于与无政府主义者打交道的官员来说,财产的神圣性和隐私权会产生什么后果!

In our day of military training for battle, and Anarchist office is an appropriate camping ground.

在我们为战斗而进行军事训练的时代,无政府主义者的办公室是一个合适的露营地。

Would the gentlemen who came with Marshal McCarthy have dared to go into the offices of Morgan, of Rockefeller, or of any of those men without a search warrant?

与麦卡锡元帅一起来的绅士们敢在没有搜查令的情况下进入摩根、洛克菲勒或任何其他人的办公室吗?

They never showed us the search warrant, although we asked them for it.

尽管我们向他们索要,但他们从未向我们出示搜查令。

Nevertheless, they turned our office into a battlefield, so that when they were through with it, it looked like invaded Belgium, with the only difference that the invaders were not Prussian barbarians but good American patriots bent on making New York safe for democracy.

然而,他们把我们的办公室变成了战场,所以当他们完成后,它看起来就像入侵了比利时,唯一的区别是入侵者不是普鲁士野蛮人,而是一心想让纽约成为民主安全的美国爱国者。

The stage having been appropriately set for the three-act comedy, and the first act successfully played by carrying off the villains in a madly dashing automobile -- which broke every traffic regulation and barely escaped crushing every one in its way--the second act proved even more ludicrous.

这部三幕喜剧的舞台已经布置得恰到好处,第一幕成功地用一辆疯狂冲刺的汽车带走了恶棍——这辆汽车违反了所有交通规则,险些撞碎了路上的所有人——第二幕则显得更加荒唐可笑。

Fifty thousand dollars bail was demanded, and real estate refused when offered by a man whose property is rated at three hundred thousand dollars, and that after the District Attorney had considered and, in fact, promised to accept the property for one of the defendants, Alexander Berkman, thus breaking every right guaranteed even to the most heinous criminal.

保释要求为五万美元,而一名财产估价为三十万美元的男子提供的房产被拒绝,而在地区检察官考虑并事实上承诺接受其中一名被告亚历山大·伯克曼的财产后,这违反了即使是最令人发指的罪犯所享有的每一项权利。

Finally the third act, played by the Government in this court during the last week.

最后是第三幕,由政府上周在法庭上表演。

The pity of it is that the prosecution knows so little of dramatic construction, else it would have equipped itself with better dramatic material to sustain the continuity of the play.

遗憾的是,检方对戏剧结构知之甚少,否则就会配备更好的戏剧素材来维持该剧的连续性。

As it was, the third act fell flat, utterly, and presents the question, Why such a tempest in a teapot?

事实上,第三幕完全平淡无奇,并提出了一个问题:为什么茶壶里有如此大的风暴?

Gentlemen of the jury, my comrade and co-defendant having carefully and thoroughly gone into the evidence presented by the prosecution, and having demonstrated its entire failure to prove the charge of conspiracy or any overt acts to carry out that conspiracy, I shall not impose upon your patience by going over the same ground, except to emphasize a few points.

陪审团先生们,我的同志和共同被告人,在仔细、彻底地研究了检方提供的证据,并证明其完全未能证明共谋指控或任何实施该共谋的公开行为的情况下,除了强调几点之外,我不会通过重复同样的理由来强求你们的耐心。

To charge people with having conspired to do something which they have been engaged in doing most of their lives, namely their campaign against war, militarism and conscription as contrary to the best interests of humanity, is an insult to human intelligence.

指责人们密谋做他们一生中大部分时间都在做的事情,即反对战争、军国主义和征兵的运动,违反了人类的最大利益,是对人类智慧的侮辱。

And how was that charge proven?

这项指控是如何证明的?

By the fact that MOTHER EARTH and THE BLAST were printed by the same printer and bound in the same bindery.

事实上,《地球母亲》和《爆炸》是由同一台打印机打印并装订在同一台装订机中的。

By the further evidence that the same expressman had delivered to two publications!

进一步的证据表明,同一个快递员曾向两份出版物投递过邮件!

An by the still more illuminating fact that on June 2 nd MOTHER EARTH and THE BLAST were given to a reporter at his request, if your please, and gratis.

更具有启发性的事实是,6 月 2 日,《地球母亲》和《爆炸》应一位记者的要求,免费提供给他。

Gentlemen of the jury, you saw the reporter who testified to this overt act.

陪审团先生们,你们看到了为这一公开行为作证的记者。

Did any one of you receive the impression that the man was of conscriptable age, and if not in what possible way is the giving of MOTHER EARTH to a report for news purposes proof demonstrating the overt act?

你们中是否有人认为该男子已达到应征入伍年龄,如果不是,以何种方式向地球母亲提供新闻报道可以证明该公开行为?

It was brought out by our witnesses that the MOTHER EARTH magazine has been published for twelve years; that it was never held up, and that it has always gone through the U.

据目击者透露,《地球母亲》杂志已经创刊十二年了;它从未被搁置过,而且它总是经过美国。

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mail as second-class mail matter.

邮件作为二等邮件。

It was further proven that the magazine appeared each month about the first or second, and that it was sold or given away at the office to whoever wanted a copy.

进一步证明,该杂志每月大约第一或第二期出版,并且在办公室将其出售或赠送给任何想要一本的人。

Where, then, is the overt act?

那么,公开行为在哪里呢?

Just as the prosecution has utterly failed to prove the charge of conspiracy, so has it also failed to prove the overt act by the flimsy testimony that MOTHER EARTH was given to a reporter.

正如检方完全未能证明共谋指控一样,地球母亲向记者提供的站不住脚的证词也未能证明其公开行为。

The same holds good regarding THE BLAST.

《THE BLAST》也是如此。

Gentlemen of the jury, the District Attorney must have learned from the reporters the gist of the numerous interviews which they had with us.

陪审团先生们,地方检察官一定从记者那里了解到了他们与我们进行的多次采访的要点。

Why did he not examine them as to whether or not we had counseled young men not to register?

他为什么不检查一下我们是否劝告年轻人不要登记?

That would have been a more direct way of getting at the facts.

这本来是了解事实的更直接的方式。

In the case of the reporter from the New York Times , there can be no doubt that the man would have been only too happy to accommodate the District Attorney with the required information.

就《纽约时报》记者的情况而言,毫无疑问,该男子会非常乐意向地方检察官提供所需的信息。

A man who disregards every principle of decency and ethics of his profession as a newspaper man, by turning material given him as news over to the District Attorney, would have been glad to oblige a friend.

一个无视新闻记者职业的一切正派和道德原则的人,将他作为新闻提供的材料交给地方检察官,他会很乐意帮助朋友。

Why did Mr. Content neglect such a golden opportunity?

为什么内容先生会忽视这样一个千载难逢的机会呢?

Was it no because the reporter of the Times , like all the other reporters, must have told the District Attorney that the two defendants stated, on each and every occasion, they would not tell people not to register?

难道不是因为《泰晤士报》的记者和所有其他记者一样,一定告诉地方检察官,两名被告每次都表示,他们不会告诉人们不要登记?

Perhaps the Times reporter refused to go to the extent of perjuring himself.

或许《泰晤士报》记者拒绝作伪证。

Patrolmen and detectives are not so timid in such matters.

巡警和侦探在这种事情上并不那么胆怯。

Hence Mr. Randolph and Mr. Cadell, to rescue the situation.

因此兰道夫先生和卡德尔先生来挽救局势。

Imagine employing tenth-rate stenographers to report the very important speeches of dangerous trouble-makers!

想象一下,雇用十流速记员来报道危险的麻烦制造者的非常重要的演讲!

What lack of forethought and efficiency on the part of the District Attorney!

地方检察官多么缺乏深思熟虑和效率啊!

But even these two members of the police department failed to prove by their notes that we advised people not to register.

但即使是这两名警察局成员也未能通过他们的笔记证明我们建议人们不要登记。

But since they had to produce something incriminating against Anarchists, they conveniently resorted to the old standby, always credited to us, �We believe in violence and we will use violence.�

但由于他们必须制造一些对无政府主义者有罪的东西,他们很方便地诉诸了老办法,总是归功于我们,“我们相信暴力,我们将使用暴力。”

Assuming, gentlemen of the jury, that his sentence was really used at the meeting of May 18th, it would still fail to prove the indictment which charges conspiracy and overt acts to carry out the conspiracy.

陪审团先生们,假设他的判决确实在5月18日的会议上被使用,仍然无法证明指控共谋和公开实施共谋行为的起诉书。

And that is all we are charged with.

这就是我们所承担的全部责任。

Not violence, not Anarchism.

不是暴力,不是无政府主义。

I will go further and say, that had the indictment been for the advocacy of violence, you gentlemen of the jury, would still have to render a verdict of �Not Guilty,� since the mere belief in a thing or even the announcement that you would carry out that belief, can not possibly constitute a crime.

我要进一步说,如果起诉书是为了鼓吹暴力,陪审团先生们,仍然必须做出“无罪”的判决,因为仅仅相信某件事,甚至宣布你将执行这种信念,不可能构成犯罪。

However, I wish to say emphatically that no such expression as �We believe in violence and we will use violence� was uttered at the meeting of May 18th, or at any other meeting.

但我想强调的是,在5月18日的会议上,在任何其他会议上,都没有说过“我们相信暴力,我们会使用暴力”这样的言论。

I could not have employed such a phrase, as there was no occasion for it.

我不可能使用这样的短语,因为没有必要。

If for no other reason, it is because I want my lectures and speeches to be coherent and logical.

如果没有其他原因,那是因为我希望我的讲座和演讲连贯且有逻辑。

The sentence credited to me is neither.

归于我的句子两者都不是。

I have read to you my position toward political violence from a lengthy essay called �The Psychology of Political Violence.�

我已经向你们宣读了一篇名为《政治暴力心理学》的长文,阐述了我对政治暴力的立场。

But to make that a position clearer and simpler, I wish to say that I am a social student.

但为了使这个立场更加清晰和简单,我想说我是一名社会学生。

It is my mission in life to ascertain the cause of our social evils and of our social difficulties.

查明社会罪恶和社会困难的根源是我一生的使命。

As a student of social wrongs it is my aim to diagnose a wrong.

作为一名研究社会错误的学生,我的目标是诊断错误。

To simply condemn the man who has committed an act of political violence, in order to save my skin, would be as unpardonable as it would be on the part of the physician, who is called to diagnose a case, to condemn the patient because the patient has tuberculosis, caner, or some other disease.

为了保全自己的性命而简单地谴责犯下政治暴力行为的人,就像医生被叫去诊断一个病例,因为病人患有肺结核、癌症或其他疾病而谴责病人一样,是不可原谅的。

The honest, earnest, sincere physician does not only prescribe medicine, he tries to find out the cause of the disease.

诚实、认真、真诚的医生不仅开药,而且努力找出疾病的原因。

And if the patient is at all capable as to means, the doctor will say to him, �Get out of this putrid air, get out of the factory, get out of the place where your lungs are being infected.� He will not merely give him medicine.

如果病人有能力,医生会对他说:“离开这腐臭的空气,离开工厂,离开你的肺部被感染的地方。”他不仅会给他药物。

He will tell him the cause of the disease.

他会告诉他疾病的原因。

And that is precisely my position in regard to acts of violence.

这正是我对暴力行为的立场。

That is what I have said on every platform.

这也是我在各个平台都说过的。

I have attempted to explain the cause and the reason for acts of political violence.

我试图解释政治暴力行为的原因和原因。

It is organized violence on top which creates individual violence at the bottom.

这是上层有组织的暴力,造成下层的个人暴力。

It is the accumulated indignation against organized wrong, organized crime, organized injustice which drives the political offender to his act.

正是对有组织的错误、有组织的犯罪、有组织的不公正的累积的愤怒驱使政治罪犯采取行动。

To condemn him means to be blind to the causes which make him.

谴责他就意味着对造成他的原因视而不见。

I can no more do it, nor have I the right to, than the physician who were to condemn the patient for his disease.

我无能为力,也无权这样做,就像医生因病人的疾病而谴责他一样。

You and I and all of us who remain indifferent to the crimes of poverty, of war, of human degradation, are equally responsible for the act committed by the political offender.

你、我以及我们所有对贫困、战争、人类堕落罪行漠不关心的人,都对政治罪犯的行为负有同样的责任。

May I therefore be permitted to say, in the words of a great teacher: �He who is without sin among you, let him cast the first stone.� Does that mean advocating violence?

因此,请允许我用一位伟大导师的话来说:“你们中间谁是无罪的,就让他投下第一块石头。”这是否意味着提倡暴力?

You might as well accuse Jesus of advocating prostitution, because He took the part of the prostitute, Mary Magdalene.

你不妨指责耶稣提倡卖淫,因为他扮演了妓女抹大拉的马利亚。

Gentlemen of the jury, the meeting of the 18th of May was called primarily for the purpose of voicing the position of the conscientious objector and to point out the evils of conscription.

陪审团先生们,召开 5 月 18 日会议的主要目的是表达依良心拒服兵役者的立场并指出征兵的弊端。

Now, who and what is the conscientious objector?

现在,谁是依良心拒服兵役者?

Is he really a shirker, a slacker, or a coward?

他真的是一个偷懒者、懒鬼或胆小鬼吗?

To call him that is to be guilty of dense ignorance of the forces which impel men and women to stand out against the whole world like a glittering lone star upon a dark horizon.

如果这样称呼他,那就是对促使男人和女人像黑暗地平线上一颗闪闪发光的孤星一样在整个世界中脱颖而出的力量的严重无知。

The conscientious objector is impelled by what President Wilson in his speech of Feb.

出于良心拒服兵役者是受到威尔逊总统在二月份演讲中的推动。

3, 1917, called �the righteous passion for justice upon which all war, all structure of family, State and of mankind must rest as the ultimate base of our existence or our liberty.� The righteous passion for justice which can never express itself in human slaughter -- that is the force which makes the conscientious objector.

1917 年 12 月 3 日,被称为“所有战争、家庭、国家和人类的所有结构都必须建立在对正义的正义热情上,作为我们存在或自由的最终基础。”对正义的正义热情永远不会在人类屠杀中表达出来——这就是造就依良心拒服兵役者的力量。

Poor indeed is the country which fails to recognize the importance of that new type of humanity as the �ultimate base of our existence and liberty.� It will find itself barren of that which makes for character and quality in its people.

一个未能认识到新型人性作为“我们存在和自由的最终基础”的重要性的国家确实是贫穷的。它将发现自己缺乏造就其人民性格和品质的东西。

The meeting of May 18 th was held before the Draft Bill had actually gone into effect.

5月18日的会议是在法案草案实际生效之前举行的。

The President signed it late in the evening of the 18 th .

总统于18日晚签署了该协议。

Whatever was said at the meeting, even if I had counseled young men not to register, that meeting cannot serve as proof of an overt act.

无论会议上说了些什么,即使我劝告年轻人不要登记,那次会议也不能作为公开行为的证据。

Why, then, has the Prosecuting Attorney dwelt so much, at such length, and with such pains on that meeting, and so little on the other meetings held on the eve of registration and after?

那么,为什么检察官在那次会议上花费了如此多的时间、如此长的时间和如此多的精力,而在登记前夕及之后举行的其他会议上却很少提及呢?

Is it not because the District Attorney knew that we had no stenographic notes of that meeting?

难道不是因为地方检察官知道我们没有那次会议的速记记录吗?

He knew it because he was approached by Mr. Weinberger and other friends for a copy of the transcript, which request he refused.

他之所以知道这一点,是因为温伯格先生和其他朋友曾向他寻求一份笔录副本,但他拒绝了这一要求。

Evidently, the District Attorney felt safe to use the notes of a patrolman and a detective, knowing that they would swear to anything their superiors wanted.

显然,地方检察官觉得使用巡警和侦探的笔记是安全的,因为知道他们会发誓遵守上级的任何要求。

I never like to accuse anyone -- I wouldn�t go so far as my co-defendant, Mr. Berkman, in saying that the District Attorney doctored the document; I don�t know whether he did or not.

我从来不喜欢指责任何人——我不会像我的共同被告伯克曼先生那样,说地方检察官篡改了这份文件;我不知道他有没有。

But I do know that Patrolman Randolph and Detective Cadell doctored the notes, for the simple reason that I didn�t say those things.

但我确实知道巡警兰道夫和侦探卡德尔篡改了这些笔记,原因很简单,我没有说那些话。

But though we could not produce our own stenographic notes, we have been able to prove by men and women of unimpeachable character and high intelligence that the notes of Randolph are utterly false.

但是,尽管我们无法制作自己的速记笔记,但我们已经能够通过具有无可挑剔的品格和高智商的男女来证明伦道夫的笔记完全是错误的。

We have also proven beyond a reasonable doubt, and Mr. Content did not dare question our proof, that at the Hunts� Point Palace, held on the eve or registration, I expressly stated that I cannot and will not tell people not to register.

我们还以合理怀疑的方式证明了,康特先生不敢质疑我们的证据,在亨茨角宫举行的登记前夕,我明确表示我不能也不会告诉人们不要登记。

We have further proven that this was my definite stand, which was explained in my statement sent from Springfield and read at the meeting of May 23 rd .

我们进一步证明这是我的明确立场,这一点在我从斯普林菲尔德发出并在5月23日的会议上宣读的声明中得到了解释。

When we go through the entire testimony given on behalf of the prosecution, I insist that there is not one single point to sustain the indictment for conspiracy or to prove the overt acts we are supposed to have committed.

当我们审阅控方提供的全部证词时,我坚持认为没有一点可以支持对共谋的起诉或证明我们应该犯下的公开行为。

But we were even compelled to bring a man eighty years of age to the witness stand in order to stop, if possible, and intention to drag in the question of German money.

但我们甚至被迫将一名八十岁的男子带到证人席上,以便在可能的情况下停止拖延德国资金问题。

It is true, and I appreciate it, that Mr. Content said he had no knowledge of it.

康特先生确实表示他对此一无所知,对此我表示赞赏。

But, gentlemen of the jury, somebody from the District Attorney�s office or someone from the Marshal�s office must have given out the statement that a bank receipt for $2,400 was found in my office and must have told the newspapers the fake story of German money.

但是,陪审团的先生们,地方检察官办公室的某个人或法警办公室的某个人一定已经发表了声明,说在我的办公室发现了一张 2,400 美元的银行收据,并且一定向报纸讲述了德国货币的假故事。

As if we would ever touch German money, or Russian money, or American money coming from the ruling class, to advance our ideas !

就好像我们会接触来自统治阶级的德国资金、俄罗斯资金或美国资金来推进我们的想法!

But in order to forestall any suspicion, any insinuation, in order to stand clear before you, we were compelled to bring an old man here to inform you that he has been a radical all his life, that he is interested in our ideas, and that he is the man who contributed the money for radical purposes and for the work of Miss Goldman.

但为了防止任何怀疑、任何暗示,为了在你们面前站得清清楚楚,我们不得不带一位老人来告诉你们,他一生都是激进分子,他对我们的想法很感兴趣,而且他就是为激进目的和戈德曼小姐的工作捐钱的人。

Gentlemen of the jury, you will be told by the Court, I am sure, that when you render a verdict you must be convinced beyond a reasonable doubt; that you must not assume that we are guilty before we are proven guilty; and that it is your duty to assume that we are innocent.

陪审团的先生们,我相信法庭会告诉你们,当你们做出裁决时,你们必须确信无疑;在我们被证明有罪之前,您不得假设我们有罪;并且你有责任假设我们是无辜的。

And yet, as a matter of fact, the burden of proof has been laid upon us.

然而,事实上,举证责任已经落在了我们身上。

We had to bring witnesses.

我们必须带证人来。

If we had had time we could have brought fifty more witnesses, each corroborating the others.

如果我们有时间,我们可以再带来五十名证人,每个证人都证实了其他证人的说法。

Some of those people have no relation with us.

其中一些人与我们没有任何关系。

Some are writers, poets, contributors to the most conventional magazines.

有些是作家、诗人、最传统杂志的撰稿人。

Is it likely that they would swear to something in our favor if it were not the truth?

如果这不是事实,他们是否可能会发誓做出对我们有利的事情?

Therefore I insist, as did my co-defendant Alexander Berkman, that the prosecution has made a very poor showing in proving the conspiracy or any overt act.

因此,我和我的共同被告亚历山大·伯克曼一样坚持认为,检方在证明阴谋或任何公开行为方面表现非常糟糕。

Gentlemen of the jury, we have been in public life for twenty-seven years.

陪审团先生们,我们从事公共生活已有二十七年了。

We have been haled into court, in and out of season -- we have never denied our position.

无论赛季内外,我们都曾被拖入法庭——我们从未否认我们的立场。

Even the police know that Emma Goldman and Alexander Berkman are not shirkers.

连警察都知道艾玛·戈德曼和亚历山大·伯克曼不是偷懒者。

You have had occasion during this trial to convince yourselves that we do not deny.

在这次审判中,你们有机会说服自己,我们不会否认。

We have gladly and proudly claimed responsibility, not only for what we ourselves have said and written, but even for things written by others and with which we did not agree.

我们高兴而自豪地声称对我们自己所说和所写的内容负责,甚至对别人写的、我们不同意的内容负责。

Is it plausible, then, that we would go through the ordeal, trouble and expense of a lengthy trial to escape responsibility in this instance?

那么,在这种情况下,我们是否有可能经历漫长的考验、麻烦和费用来逃避责任呢?

A thousand times no!

一千次不!

But we refuse to be tried on a trumped-up charge, or to be convicted by perjured testimony, merely because we are Anarchists and hated by the class whom we have openly fought for many years.

但我们拒绝以莫须有的罪名受审,或因伪证而被定罪,仅仅因为我们是无政府主义者,并被我们多年来公开抗争的阶级所憎恨。

Gentlemen, during our examination of talesmen, when we asked whether you would be prejudiced against us if it were proven that we propagated ideas and opinions contrary to those held by the majority, you were instructed by the Court to say, �If they are within the law.� But what the Court did not tell you is, that no new faith -- not even the most humane and peaceable -- has ever been considered �within the law� by those who were in power.

先生们,在我们审查传言者的过程中,当我们问你们,如果证明我们传播了与大多数人持有的观点相反的想法和意见,你们是否会对我们产生偏见时,法院指示你们说:“如果它们在法律范围内。”但是法院没有告诉你们的是,没有任何新的信仰——即使是最人道和最和平的信仰——从来没有被当权者认为是“在法律范围内”的。

The history of human growth is at the same time the history of every new idea heralding the approach of a brighter dawn, and the brighter dawn has always been considered illegal, outside of the law.

人类成长的历史同时也是每一个预示着光明黎明来临的新思想的历史,而光明黎明一直被认为是非法的、法律之外的。

Gentlemen of the jury, most of you, I take it, are believers in the teachings of Jesus.

陪审团的先生们,我认为你们中的大多数人都是耶稣教义的信徒。

Bear in mind that he was put to death by those who considered his views as being against the law.

请记住,他是被那些认为他的观点违法的人处死的。

I also take it that you are proud of you Americanism.

我也认为你为你的美国主义感到自豪。

Remember that those who fought and bled for your liberties were in their time considered as being against the law, as dangerous disturbers and trouble-makers.

请记住,那些为你们的自由而奋斗和流血的人在他们的时代被视为违法、危险的扰乱者和麻烦制造者。

They not only preached violence, but they carried out their ideas by throwing tea into the Boston harbor.

他们不仅鼓吹暴力,还通过向波士顿港扔茶叶来实现他们的想法。

They said that �Resistance to tyranny is obedience to God.� They wrote a dangerous document called the Declaration of Independence.

他们说,“抵抗暴政就是服从上帝。”他们写了一份危险的文件,称为《独立宣言》。

A document which continues to be dangerous to this day, and for the circulation of which a young man was sentenced to ninety days prison in a New Your Court, only the other day.

这份文件至今仍具有危险性,仅在前几天,一名年轻人就因该文件的传播而在新法庭被判处九十天监禁。

They were the Anarchists of their time -- they were never within the law.

他们是那个时代的无政府主义者——他们从不违法。

Your Government is allied with the French Republic.

贵国政府与法兰西共和国结盟。

Need I call you attention to the historic fact that the great upheaval in France was brought about by extra-legal means?

需要我提醒您注意法国大动乱是通过法外手段造成的历史事实吗?

The Dantes, the Robespieres, the Marats, the Herberts, aye even the man who is responsible for the most stirring revolutionary music, the Marseillaise (which unfortunately has deteriorated into a war tune) even Camille Desmoulins, were never within the law.

但丁、罗伯斯庇尔、马拉、赫伯特,甚至连创作最激动人心的革命音乐《马赛曲》(不幸的是,它已经沦为战争曲调)的人,甚至卡米尔·德穆兰,都从未受过法律管辖。

But for those great pioneers and rebels, France would have continued under the yoke of the idle Louis XVI., to whom the sport of shooting jack rabbits was more important than the destiny of the people of France.

如果没有那些伟大的先驱者和反叛者,法国将继续处于游手好闲的路易十六的枷锁之下,对他来说,射猎野兔的运动比法国人民的命运更重要。

Ah, gentlemen, on the very day when we were being tried for conspiracy and overt acts, your city officials and representatives welcomed with music and festivities the Russian Commission.

啊,先生们,就在我们因阴谋和公开行为而受审的那天,你们的城市官员和代表用音乐和庆祝活动欢迎俄罗斯委员会。

Are you aware of the fact that nearly all of the members of that Commission have only recently been released from exile?

您是否知道该委员会几乎所有成员最近才从流放中获释?

The ideas they propagated were never within the law.

他们传播的思想从来都不在法律范围内。

For nearly a hundred years, from 1825 to 1917, the Tree of Liberty in Russia was watered by the blood of her martyrs.

从 1825 年到 1917 年的近一百年里,俄罗斯的自由之树被烈士的鲜血浇灌。

No greater heroism, no nobler lives had ever been dedicated to humanity.

没有比这更伟大的英雄主义,没有比这更崇高的生命奉献给人类。

Not one of them worked within the law.

他们中没有一个人是在法律范围内工作的。

I could continue to enumerate almost endlessly the hosts of men and women in every land and in every period whose ideas and ideals redeemed the world because they were not within the law.

我可以继续列举几乎无穷无尽的世界各地、每个时期的男男女女,他们的思想和理想拯救了世界,因为它们不受法律约束。

Never can a new idea move within the law.

新想法永远不可能在法律范围内运作。

It matters not whether that idea pertains to political and social changes or to any other domain of human thought and expression -- to science, literature, music; in fact, everything that makes for freedom and joy and beauty must refuse to move within the law.

无论这个想法是否涉及政治和社会变革,或者人类思想和表达的任何其他领域——科学、文学、音乐;事实上,一切创造自由、欢乐和美丽的事物都必须拒绝在法律范围内活动。

How can it be otherwise?

不然怎么可能呢?

The law is stationary, fixed, mechanical, �a chariot wheel� which grinds all alike without regard to time, place and condition, without ever taking into account cause and effect, without ever going into the complexity of the human soul.

法律是静止的、固定的、机械的,就像“战车的车轮”一样,不分时间、地点和条件,不考虑因果关系,不考虑人类灵魂的复杂性。

Progress knows nothing of fixity.

进步与固定无关。

It cannot be pressed into a definite mould.

它不能被压入特定的模具中。

It cannot bow to the dictum, �I have ruled,� �I am the regulating finger of God.� Progress is ever renewing, ever becoming, ever changing -- never is it within the law .

它不能屈服于这样的格言:“我已经统治了”,“我是上帝的调节手指”。进步是不断更新的,不断变化的,永远不会在法律范围内的。

If that be crime, we are criminals even like Jesus, Socrates, Galileo, Bruno, John Brown and scores of others.

如果这就是犯罪,那么我们甚至像耶稣、苏格拉底、伽利略、布鲁诺、约翰·布朗和其他许多人一样都是罪犯。

We are in good company, among those whom Havelock Ellis, the greatest living psychologist, describes as the political criminals recognized by the whole civilized world, except America, as men and women who out of deep love for humanity, out of a passionate reverence for liberty and an all-absorbing devotion to an ideal are ready to pay for their faith even with their blood.

我们与那些被当今最伟大的心理学家哈夫洛克·埃利斯描述为除美国以外的整个文明世界所公认的政治罪犯的人在一起,他们是出于对人类的深爱、对自由的热情崇敬和对理想的全心全意的奉献而准备为他们的信仰付出鲜血的男人和女人。

We cannot do otherwise if we are to be true to ourselves -- we know that the political criminal is the precursor of human progress -- the political criminal of today must needs be the hero, the martyr and the saint of the new age.

如果我们要忠于自己,我们就不能不这样做——我们知道政治罪犯是人类进步的先驱——今天的政治罪犯必须是新时代的英雄、烈士和圣人。

But, says the Prosecuting Attorney, the press and the unthinking rabble, in high and low station, �that is a dangerous doctrine and unpatriotic at this time.� No doubt it is.

但是,检察官、媒体和不假思索的乌合之众,无论地位高低,都表示,“在这个时候,这是一种危险的学说,而且不爱国。”毫无疑问是这样。

But are we to be held responsible for something which is as unchangeable and unalienable as the very stars hanging in the heavens unto time and all eternity?

但是,我们是否要对像悬挂在天空中的星星一样不可改变和不可剥夺的事物负责?

Gentlemen to the jury, we respect your patriotism.

评委会先生们,我们尊重你们的爱国精神。

We would not, if we could, have you change its meaning for yourself.

如果可以的话,我们不会让你自己改变它的含义。

But may there not be different kinds of patriotism as there are different kinds of liberty?

但是,正如有不同种类的自由一样,难道不能有不同种类的爱国主义吗?

I for one cannot believe that love of one�s country must needs consist in blindness to its social faults, to deafness to its social discords, of inarticulation to its social wrongs.

我个人无法相信,对一个国家的热爱必然意味着对它的社会缺陷视而不见,对它的社会不和谐充耳不闻,对它的社会错误不言而喻。

Neither can I believe that the mere accident of birth in a certain country or the mere scrap of a citizen�s paper constitutes the love of country.

我也不相信仅仅在某个国家出生的偶然或仅仅一张公民纸就构成了对国家的热爱。

I know many people -- I am one of them -- who were not born here, nor have the applied for citizenship, and who yet love America with deeper passion and greater intensity that many natives whose patriotism manifests itself by pulling, kicking, and insulting those who do not rise when the national anthem is played.

我认识很多人——我也是其中之一——他们不是出生在这里,也没有申请公民身份,但他们对美国的热爱比许多当地人更深刻、更强烈,他们的爱国主义通过拉、踢和侮辱那些在奏国歌时不起立的人来体现。

Our patriotism is that of the man who loves a woman with open eyes.

我们的爱国主义是男人睁大眼睛爱女人的爱国主义。

He is enchanted by her beauty, yet he sees her faults.

他被她的美丽迷住了,但他也看到了她的缺点。

So we, too, who know America, love her beauty, her richness, her great possibilities; we love her mountains, her canyons, her forests, her Niagara, and her deserts -- above all do we love the people that have produced her wealth, her artists who have created beauty, her great apostles who dream and work for liberty -- but with the same passionate emotion we hate her superficiality, her cant, her corruption, her mad, unscrupulous worship at the alter of the Golden Calf.

因此,我们了解美国的人也热爱她的美丽、她的丰富和她的巨大可能性;我们爱她的山脉、她的峡谷、她的森林、她的尼亚加拉和她的沙漠——最重要的是,我们爱那些为她创造财富的人们、她创造美的艺术家、她那些梦想并为自由而奋斗的伟大使徒——但我们怀着同样强烈的情感痛恨她的肤浅、她的虚伪、她的腐败、她在金牛犊圣坛上疯狂、不择手段的崇拜。

We say that if America has entered the war to make the world safe for democracy, she must first make democracy safe in America.

我们说,如果美国参战是为了让世界民主安全,那么她必须首先让美国的民主安全。

How else is the world to take America seriously, when democracy at home is daily being outrages, free speech suppressed, peaceable assemblies broken up by overbearing and brutal gangsters in uniform; when free press is curtailed and every independent opinion gagged.

当美国国内的民主每天都遭到暴行、言论自由受到压制、和平集会被身穿制服的专横而残暴的歹徒破坏时,世界还怎么认真对待美国呢?当新闻自由受到限制,每一个独立意见都被堵住的时候。

Verily, poor as we are in democracy, how can we give of it to the world?

确实,尽管我们在民主方面很贫穷,我们如何才能将其奉献给世界呢?

We further say that a democracy conceived in the military servitude of the masses, in their economic enslavement, and nurtured in their tears and blood, is not democracy at all.

我们进一步说,在群众的军事奴役和经济奴役中孕育并在他们的泪水和鲜血中孕育的民主根本不是民主。

It is despotism -- the cumulative result of a chain of abuses which, according to the dangerous document ,the Declaration of Independence, the people have the right to overthrow.

这是专制主义——一系列滥用职权的累积结果,根据危险的文件《独立宣言》,人民有权推翻专制主义。

The District Attorney has dragged in our Manifesto, and he has emphasized the passage, �Resist conscription.� Gentlemen of the jury, please remember that that is not the charge against us.

地方检察官拖了我们的宣言,他强调了“抵制征兵”这一段话。陪审团的先生们,请记住,这不是针对我们的指控。

But admitting that the Manifesto contains the expression, �Resist conscription,� may I ask you, is there only one kind of resistance?

但承认《宣言》中有“抵制征兵”的表述,请问,抵抗只有一种吗?

Is there only the resistance which means the gun, the bayonet, the bomb or flying machine?

难道只有抵抗,即枪、刺刀、炸弹或飞行器吗?

Is there not another kind of resistance?

难道就没有另一种反抗吗?

May not the people simply fold their hands and declare, �We will not fight when we do not believe in the necessity of war�?

难道人民不能简单地双手合十并宣布:“当我们不相信战争的必要性时,我们就不会战斗”?

May not the people who believe in the repeal of the Conscription Law, because it is unconstitutional, express their opposition in word and by pen, in meetings and in other ways?

那些因《征兵法》违宪而主张废除的人们,难道不能通过口头、书面、会议和其他方式表达他们的反对吗?

What right has the District Attorney to interpret that particular passage to suit himself?

地方检察官有什么权利根据自己的需要来解释该特定段落?

Moreover, gentlemen of the jury, I insist that the indictment against us does not refer to conscription.

此外,陪审团的先生们,我坚持认为,对我们的起诉书并非涉及征兵。

We are charged with a conspiracy against registration.

我们被指控串谋反对登记。

And in no way or manner has the prosecution proven that we are guilty of conspiracy or that we have committed an overt act.

检方并没有以任何方式或方式证明我们犯有共谋罪或我们实施了公开行为。

Gentlemen of the jury, you are not called upon to accept our views, to approve of them or to justify them.

陪审团先生们,你们没有义务接受我们的观点、赞同它们或证明它们的合理性。

You are not even called upon to decide whether our views are within or against the law.

您甚至不需要决定我们的观点是否符合法律。

You are called upon to decide whether the prosecution has proven that the defendants Emma Goldman and Alexander Berkman have conspired to urge people not to register.

您需要决定检方是否证明被告艾玛·戈德曼和亚历山大·伯克曼合谋敦促人们不要登记。

And whether their speeches and writings represent overt acts.

以及他们的言论和著作是否代表公开的行为。

Whatever you verdict, gentlemen, it cannot possibly affect the rising tide of discontent in this country against war which, despite all boasts, is a war for conquest and military power.

先生们,无论你们做出怎样的判决,都不可能影响这个国家日益高涨的对战争的不满情绪,尽管一切都在吹嘘,这场战争是一场为了征服和军事力量的战争。

Neither can it affect the ever increasing opposition to conscription which is a military and industrial yoke placed upon the necks of the American people.

它也无法影响对征兵日益强烈的反对,征兵是强加在美国人民脖子上的军事和工业枷锁。

Least of all will your verdict affect those to whom human life is sacred, and who will not become a party to the world slaughter.

最重要的是,你的判决不会影响到那些视人类生命为神圣的人,以及那些不会成为世界屠杀的一方的人。

Your verdict can only add to the opinion of the world as to whether or not justice and liberty are a living force in this country or a mere shadow of the past.

你的判决只会增加世界对正义和自由到底是这个国家的生机勃勃的力量还是仅仅是过去的影子的看法。

Your verdict may, of course, affect us temporarily, in a physical sense -- it can have no effect whatever upon our spirit.

当然,你的判决可能会暂时影响我们的身体,但不会对我们的精神产生任何影响。

For even if we were convicted and found guilty and the penalty were that we be placed against a wall and shot dead, I should nevertheless cry out with the great Luther: �Here I am and her I stand and I cannot do otherwise.�

因为即使我们被定罪并被判有罪,并且惩罚是我们被按在墙上并被枪杀,我仍然应该与伟大的路德一起呼喊:“我在这里,我站着,我别无选择。”

And gentlemen, in conclusion let me tell you that my co-defendant, Mr. Berkman, was right when he said the eyes of America are upon you.

先生们,最后让我告诉你们,我的同案被告伯克曼先生说美国的目光注视着你们,他是对的。

They are upon you not because of sympathy for us or agreement with Anarchism.

他们来找你并不是因为同情我们或同意无政府主义。

They are upon you because it must decided sooner or later whether we are justified in telling people that we will give the democracy in Europe, when we have no democracy here?

他们来找你是因为迟早必须决定我们是否有理由告诉人们我们将在欧洲提供民主,而我们这里没有民主?

Shall free speech and free assemblage, shall criticism and opinion -- which even the espionage bill did not include -- be destroyed?

言论自由和集会自由、批评和意见——连间谍法案都没有包括在内——是否应该被摧毁?

Shall it be a shadow of the past, the great historic American past?

难道它会成为美国伟大历史的影子吗?

Shall it be trampled underfoot by any detective, or policeman, anyone who decides upon it?

它会被任何侦探、警察、任何做出决定的人践踏在脚下吗?

Or shall free speech and free press and free assemblage continue to be the heritage of the American people?

还是言论自由、新闻自由和集会自由将继续成为美国人民的遗产?

Gentlemen of the jury, whatever you verdict will be, as far as we are concerned, nothing will be changed.

陪审团先生们,无论你们的裁决是什么,就我们而言,什么都不会改变。

I have held ideas all my life.

我一生都持有想法。

I have publicly held my ideas for twenty-seven years.

我公开持有我的想法已有二十七年了。

Nothing on earth would ever make me change my ideas except one thing; and that is, if you will prove to me that our position is wrong, untenable, or lacking in historic fact.

除了一件事之外,世界上没有什么能让我改变我的想法:也就是说,如果你能向我证明我们的立场是错误的、站不住脚的或缺乏历史事实的。

But never would I change my ideas because I am found guilty.

但我永远不会因为我被判有罪而改变我的想法。

I may remind you of two great Americans, undoubtedly not unknown to you, gentlemen of the jury; Ralph Waldo Emerson and Henry David Thoreau.

我可能会让你们想起两位伟大的美国人,你们无疑不陌生,陪审团先生们。拉尔夫·沃尔多·爱默生和亨利·大卫·梭罗。

When Thoreau was placed in prison for refusing to pay taxes, he was visited by Ralph Waldo Emerson and Emerson said: �David, what are you doing in jail?� and Thoreau replied: � Ralph, what are you doing outside, when honest people are in jail for their ideals?� Gentlemen of the jury, I do not wish to influence you.

当梭罗因拒绝纳税而被关进监狱时,拉尔夫·沃尔多·爱默生拜访了他,爱默生说:“大卫,你在监狱里做什么?”梭罗回答说:“拉尔夫,当诚实的人因为他们的理想而入狱时,你在外面做什么?”陪审团先生们,我不想影响你们。

I do not wish to appeal to you passions.

我不想激发你的激情。

I do not wish to influence you by the fact that I am a woman.

我不想因为我是一名女性而影响你。

I have no such desires and no such designs.

我没有这样的愿望,也没有这样的设计。

I take it that you are sincere enough and honest enough and brave enough to render a verdict according to you convictions, beyond the shadow of a reasonable doubt.

我认为你足够真诚、足够诚实、足够勇敢,能够根据你的信念做出裁决,排除合理怀疑。

Please forget that we are Anarchists.

请忘记我们是无政府主义者。

Forget that it is claimed that we propagated violence.

忘记有人声称我们宣扬暴力。

Forget that something appeared in MOTHER EARTH when I was thousands of miles away, three years ago.

忘记三年前,当我在千里之外时,地球母亲出现了一些东西。

Forget all that, and merely consider the evidence.

忘记这一切,只考虑证据。

Have we been engaged in a conspiracy?

难道我们之间有什么阴谋吗?

has that conspiracy been proven?

这个阴谋被证实了吗?

have we committed overt acts?

我们是否有公开的行为?

have those overt acts been proven?

这些公开的行为得到证实了吗?

We for the defense say they have not been proven.

我们辩方说这些还没有得到证实。

And therefore your verdict must be not guilty.

因此,你的判决一定是无罪的。

But whatever your decision, the struggle must go on.

但无论你做出什么决定,斗争都必须继续下去。

We are but the atoms in the incessant human struggle towards the light that shines in the darkness -- the Ideal of economic, political and spiritual liberation of mankind!

我们只是人类不断奋斗中的原子,为了在黑暗中闪耀的光明——人类经济、政治和精神解放的理想!

Book/CDs by Michael E.

Michael E. 的书籍/CD

Eidenmuller, Published by McGraw-Hill (2008) Text Source : Berkman, Alexander.

Eidenmuller,由 McGraw-Hill 出版 (2008) 文本来源:Berkman, Alexander。

�Anarchism on Trial: Speeches of Alexander Berkman and Emma Goldman Before the United States District Court in the City of New York, July, 1917.� New York, Mother Earth Publishing Association (1917)

“审判中的无政府主义:亚历山大·伯克曼和艾玛·戈德曼在纽约市美国地方法院的演讲,1917 年 7 月。”纽约,地球母亲出版协会(1917 年)

Page Updated : 12/10/21 U.S. Copyright Status : This text = Property of A merican R hetoric.com.

页面更新日期:21 年 12 月 10 日美国版权状态:本文 = American R hetoric.com 的财产。

Image = Public domain.

图像=公共领域。

� Copyright 2001-Present.

� 版权所有 2001 年至今。

American Rhetoric.

美国修辞学。

HTML transcription by Amy Key, Kimberly Lusk & Michael E.

HTML 转录由 Amy Key、Kimberly Lusk 和 Michael E.

Eidenmuller.

艾登米勒。

中文为机器翻译,仅供参考。