第七章　1789～1800年间联邦党人掌权

190.华盛顿被选举为总统。——1787年9月联邦大会向联邦议会做了报告，而1788年6月21日，第九个州即新罕布什尔州票决批准了《宪法》；不过，直到1789年4月30日，华盛顿才宣誓就职，成为合众国第一任总统。联邦议会本已选定了一个较早的就职日期，即3月4日；但那时的人都喜欢拖拖拉拉。直到一个多月过后，根据《宪法》所成立的第一届国会参众两院才到齐法定人数，并开始计算选票，来确定选举人团成员们究竟选谁来出任总统和副总统。

对于谁最适合担任总统，大家都没有丝毫疑虑；所有选举人团成员都投了华盛顿的票。这位伟人此时已经58岁了。作为美国最富有的人之一和弗吉尼亚最重要的贵族领袖，他代表了当时美国社会的精英阶层；因为尽管明显在向民主发展，但当时的社会结构仍然是贵族式的。在政治上，很难说此时的华盛顿属于哪一个党派。他一直极为热忱地参与了设立全国性政府这一计划的制订；但他并不是一个深刻地思考行政理论的人。他更多是一个实干家，一个管理者。当时所需要的，是一个比较强大的中央政府：为了实现这一最高目标，华盛顿非常希望能够利用自己所掌握的各种恰当手段，并且急于利用所有政治信仰不同的重要人物的聪明才智。

191.John Adams elected Vice-President.—For second place there was no such unanimity of opinion as in the case of Washington. The foremost candidate was John Adams of Massachusetts. He had been one of the leaders in the earlier days of the Revolution, and had later represented the United States abroad, especially in England. Unfortunately, he had written a book in which, among other things, he suggested that “the rich, and the able, ” should be set apart from other men in a Senate. The proposal to exalt “the rich” and “the able, ” did not arouse much opposition; but the use of the phrase “the well-born” greatly injured Adams's popularity. As the Constitution then stood, each elector voted for two persons without stating which of them he wished to be President. The one who received most votes should be President, provided he received a majority; the person receiving the next highest number should be Vice-President. Alexander Hamilton, to whom the elevation of “the well-born” would have been most welcome, conceived the idea that Adams might receive more votes than Washington, and intrigued to prevent it. The scheme became known to Adams, and proved to be the beginning of a long and unfortunate estrangement, which had most serious consequences for the party of which Adams and Hamilton soon became the chiefs.

191.约翰·亚当斯当选副总统。——对于副总统的人选，选举人团成员们可不像选举华盛顿那样意见一致了。最重要的一位候选人，便是马萨诸塞州的约翰·亚当斯。他曾是革命初期的领导人之一，后来又在国外，尤其是在英国，当了一回合众国的代表。可惜的是，他写了一本书，并在其中建议说，在参议院里，“富人、出身高贵的人和有才干的人”应当远离其他的人。尊重“富人”和“有才干的人”这一提议并没有多少人反对，但“出身高贵的人”这句话，却极大地损害了亚当斯在公众中的声望。由于当时《宪法》已经生效，因此每位选举人团成员都投票选出两个人，无须说明自己想选其中哪一位当总统。倘若得票最多的人获得了过半数的选票，那么他就该当选为总统；而获得票数位居第二的人，则当选为副总统。本来非常喜欢“出身高贵的人”那种高尚品格的亚历山大·汉密尔顿以为，亚当斯获得的票数可能会高于华盛顿，便想暗中阻止这种情况发生。这一阴谋被亚当斯得知了，而后来表明，这成了二人之间历久而令人惋惜的疏远关系的根源；亚当斯和汉密尔顿不久后都成了同一党派的领袖，而这种疏远关系则给该党带来了严重的影响。

192.Political Tendencies, 1789.—There were no political parties in the United States in 1789; but the political leaders, and the voters were divided in precisely the manner in which they had been during the contest over the ratification of the Constitution. No sooner was the task of reorganization begun than these divergent views manifested themselves. Two men were soon recognized as the leaders of these opposing camps, and may be considered as the embodiment of the tendencies which became the bases of the two political parties of the earlier portion of our history under the Constitution. The first of these tendencies expressed itself in the desire to promote the welfare of the individual, to give him greater political power, more comforts in life, greater intelligence, and in general to elevate the more ignorant and ruder portion of society. The second declared itself in the wish to subordinate the welfare of the individual to the growth of the nation and to rely for support on “the well-born, ” the intelligent, and the richer portion of the community. With the former of these tendencies was identified Thomas Jefferson, Washington's Secretary of State; with the latter, Alexander Hamilton, Washington's Secretary of the Treasury.

Thomas Jefferson, the author of the Summary View and the Declaration of Independence and representative of the United States in France, was now in the prime of life. In many ways he was one of the most extraordinary men America has produced. An aristocrat by birth and breeding, the owner of slaves, and the designer of and dweller in one of the most elegant mansions of that day, he was the leader of democracy, the champion of the rights of man, and the persistent, though powerless, advocate of slave emancipation. When President, he seemed to enjoy shocking the prejudices of ceremonious persons: Washington had established stately ceremonials, Jefferson conducted official gatherings on the principle of “pell-mell” —each guest doing pretty much as he pleased; Washington had driven in coach and four to and from the halls of Congress, Jefferson rode on horseback, unattended, from the White House to the Capitol and hitched his horse with his own hands in a neighboring shed.More curious still, Jefferson, a man of visionary ideas, was the most astute political leader of his day.Shy, averse to contact with his fellow-men, and destitute of magnetism, he led the masses and achieved the greatest popularity in one of the most difficult periods of our history. In person Jefferson was tall, six feet two inches in height, with sandy hair and a most sunny countenance. He was ungainly in figure and seemed always “to be jumping out of his clothes, ” and he sat or reclined on one hip in a manner which impressed at least one keen observer who has described him.

Unlike Jefferson in every respect, Alexander Hamilton was small in stature and was always well-dressed. A great administrator and capable of attracting men by his personal qualities, he led his party to a most crushing defeat. His success in organizing the machinery of the government entitles him to the gratitude of the nation, and the part he played in securing the ratification of the Constitution gives him a foremost place in the annals of the United States. He deserves the more credit for this, perhaps, because he had no faith in the efficacy of the Constitution to provide a sufficient government for the country. In 1802 he wrote: “Perhaps no man... has sacrificed or done more for the present Constitution than myself; and, contrary to all my anticipations of its fate... I am still laboring to prop the frail and worthless fabric... Every day proves to me more and more this American world was not made for me.” In these sentences may be found the reason for the political failure of Hamilton and his friends. He had no sympathy with the aspirations of the masses for self-improvement. He had no confidence in their ability to cope successfully with the problems of government. In one noted phrase he emphasized the cause of his failure as a political chief. It was at a dinner when, replying to some remark that had been made, Hamilton declared: “Sir, your people is a great beast.” But it was the people that must govern under the Constitution, or republican government was a failure. Far otherwise was Jefferson's view of the people. In a letter written in 1787 he said: “I am persuaded that the good sense of the people will always be found the best army. They may be led astray for a moment, but will soon correct themselves.” The Federalist party endeavored so to frame the governmental machinery that a minority of the people could govern the majority; the attempt ended in disaster.

192.1789年的各种政治倾向。——1789年的合众国还没有任何政治派别；但政治领袖和选民们在关于批准《宪法》这一问题上产生争执的过程中，态度却是泾渭分明的。政府组建工作一开始，这些不同的观点便纷纷暴露出来了。不久，有两个人便被公认是这些对立阵营的领袖人物，并且人们可能还认为他们体现了两种倾向；这两种政治倾向，打下了《宪法》制定后美国历史早期出现的两个政治派别的基础。其中第一种倾向，表现为希望促进个人幸福、赋予个人更多的政治权力、让个人生活更加舒适、更大地发挥个人才智，并且全面提高较愚昧、较原始的社会阶层的文明程度。而第二种倾向则宣称，希望个人幸福服从国家发展的需要，并且倚赖社会中“出身高贵”、聪明和富有的阶层提供支持。这两种政治倾向中，前者的代表人物是华盛顿时期的国务卿托马斯·杰斐逊，后者的代表人物则是华盛顿政府的财政部部长亚历山大·汉密尔顿。

托马斯·杰斐逊是《概观》和《独立宣言》的作者以及合众国的驻法代表，此时他正年富力强。在许多方面，他都可称得上是美国最非凡的伟人之一。他生长在一个贵族家庭，是一个奴隶主，还设计建造了那时最为雅致的宅邸之一，并居住其中；他是民主之领袖、人权之斗士，还是一位坚持不懈却无能为力、倡导解放奴隶的人。他继任总统之后，似乎很喜欢抨击那些拘泥于礼仪之人的种种成见：华盛顿确立了种种庄严隆重的仪式，而杰斐逊举行正式会议时却“杂乱无章”——每位与会者都可以想干什么就干什么；华盛顿往来于国会各个礼堂时，坐的是四驾马车；而杰斐逊却是骑马，不带随从，从白宫骑到国会大厦，并且亲自将马拴到附近的一个马棚里。更加奇怪的是，杰斐逊这个有着理想主义思想的人，却成了那个时代最为敏锐的政治领袖。他生性腼腆，不喜欢与同事交流，并且没有什么魅力，但他却引领着人民大众，在美国历史上最艰难的一个时期，获得了最大的威望。在外貌上，杰斐逊高大魁梧，身高6英尺2英寸，头发沙色，面容非常开朗。他的体形有点儿笨拙，似乎总是会“大吃一惊”，而他用一边屁股坐着或倚着的姿势，至少给一个曾经描绘过他的、观察敏锐的人留下了深刻的印象。

亚历山大·汉密尔顿则跟杰斐逊完全不同，他身材矮小，总是衣冠楚楚。他是个了不起的管理者，能够凭其个人品格吸引他人；他带领自己的政党，取得了一次极具决定性的大捷。他成功地组建了政府机构，从而赢得了全国人民的感谢；而他在确保各州批准《宪法》中所起的作用，让他在合众国的史册上占据了重要的地位。也许，在这一点上他应获得更多的赞誉，因为他本来是不相信《宪法》会起作用，不相信凭借《宪法》美国就能建立起一个合格的政府的。他在1802年写道：“也许没有人……比我本人为现行《宪法》所做出的牺牲或贡献更多；并且，尽管跟我对《宪法》命运的预期完全相反……我仍在努力支持着这一脆弱而无益的体制……对我来说，每天都日益表明，这样一个美国并非我之所愿。”从这些话语中，可以看出汉密尔顿及其同志在政治上不得志的原因。他并没有跟民众相同的那种渴望自我改善之心。他不相信他们有能力成功解决政体上的问题。在一句名言中，他强调了自己作为一名政治领袖的失败原因。那是在一次晚宴上，汉密尔顿在回答某人的话时，他这样说：“阁下，您的人民可是一头巨兽。”不过，正是这种“人民”必须遵照《宪法》来统治美国，否则共和政体就不会成功。与此极为不同的，便是杰斐逊的人民观点。在1787年所写的一封信中，他说：“我相信，最佳的团队总会给予人民群众正确的判断力。他们有可能暂时被领入歧途，但很快就会纠正过来。”联邦党致力于建立起一种能让少数人统治多数人的行政体系，但这种尝试最终却以惨败而告终。

193. Washington's Inauguration, 1789.—Washington “bade adieu, ” to use his own words, “to Mount Vernon, to private life, and to domestic felicity; and with a mind oppressed with more anxious and painful sensations than I have words to express, ” set out for New York to take the oath of office as the first President of the United States. The acclamations which greeted him on his journey did not lessen his sense of the deep responsibilities which surrounded him. His inaugural was especially solemn: he addressed “fervent supplications to that Almighty Being who rules over the universe... that his benediction may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves, ... and may enable every instrument employed in its administration to execute with success the functions allotted to his charge.”

Colonial customs and traditions derived from English precedents were still the rule. Washington, inclined to be stiff and formal, instituted a rigid ceremoniousness in official intercourse which savored little of republicanism. During the recesses of Congress, he traveled around the country in an almost regal fashion. Everywhere he was enthusiastically received: at one place he was greeted with “God bless your reign” ; at another he was hailed as “Columbia's Savior.” At Boston, however, John Hancock, governor of Massachusetts, endeavored to uphold the dogma of state sovereignty by refusing to make the first call; but usually the stiffest Anti-Federalists forgot their constitutional scruples and heartily joined to do honor to “The President.” All these things, however, when coupled with Hamilton's well-known predilection for a government modeled on that of Great Britain in the days of the unreformed Parliament, convinced many men that the restoration of the monarchical form was the aim of the Federalists. Probably the charge was not true in any case.

193.1789年华盛顿就职。——用华盛顿自己的话来说，他“告别了弗农山庄，告别了私家生活，告别了家庭的幸福；并且心中充满无以言表的焦虑和苦痛之情”，动身前往纽约，去宣誓就任美国第一任总统。途中受到的欢呼喝彩并未减轻萦绕在其心头的深刻责任感。他的就职典礼异常庄严：他“向统治宇宙的万能之主祈祷……希望他的祝福能够献给合众国人民的自由和幸福，献给这个由人民自己所创立合众国的政府，……并且能够让所有的行政法令成功履行人民所赋予他的那些职能”。

乔治·华盛顿，复制自1785年的一张真人面具

当时，沿用英国惯例而形成的殖民风俗和传统仍然占据着优势。性情拘谨而正统的华盛顿给正式交往定下了一套严格的繁文缛节，一点儿也没有共和主义之风。在国会休会期间，他以一种几近帝王的排场，巡游了全国。所到之处，他都受到了热烈的欢迎：在这个地方，人们向他致意，说“上帝保佑您君临天下”，而到了另一个地方，人们又向他山呼万岁，称他是“哥伦比亚的救星”。然而，在波士顿，马萨诸塞州州长约翰·汉考克却竭力维护各州独立自主的信仰，不愿率先拜会华盛顿；不过，即便是那些最顽固地反对联邦主义的人，也常常忘记了他们在宪法问题上的顾虑，开始衷心地加入向“总统”致敬的行列中。然而，所有这一切，加上汉密尔顿对英国在改革国会之前那种行政模式的偏爱人所共知，使得许多的人都确信，联邦党人的目的就是复辟君主制度。或许，无论在哪种情形下，这种指责都并非事实。

194.Organization of the Government.—On April 8, weeks before Washington took the oath of office, Madison introduced a resolution in the House of Representatives which led to the first debate upon protection, and ultimately to the formation of the first tariff act. This law, which Washington signed shortly after the inauguration, proved insufficient to provide the necessary funds, and the rates were increased in 1790 and again in 1792. A Tonnage Act, which was passed at about the same time, provided for a discrimination in favor of goods imported in American vessels and excluded foreign vessels from the coastwise trade. It was further suggested that vessels flying the flags of nations not having commercial treaties with the United States should be taxed more heavily than vessels belonging to more friendly countries. This bill was aimed especially at the foreign shipping interest; but the influence of merchants engaged in commerce with Great Britain was exerted to defeat the proposal, and the attempt was abandoned.

Congress then turned its attention to the organization of the new government. Five executive departments were created: the state department, which at first had to do with both home and foreign affairs; the treasury; the war department, which also managed the trifling naval affairs for the next few years; the department of justice, at the head of which was the Attorney-General; and the post office. The heads of these departments were appointed by the President with the consent of the Senate, but they were removable by him without action by the Senate（see p.269）; it had been proposed to make the Secretary of the Treasury responsible to Congress, but this proposal had been abandoned. The first four of these departmental heads acted as the President's advisers; the Postmaster-General remaining for the present outside of what was termed the cabinet. In thinking of this organization and using the words “advisers” and “cabinet, ” the student should always carefully bear in mind that the President is not obliged in the smallest degree to follow their advice or even to ask it.Congress further made provision for the appointment of collectors of the customs, district attorneys, and other officials to carry on the business of the government.

Congress also provided for the organization of the Judiciary. The Supreme Court comprised a Chief Justice and five Associate Justices, and thirteen district courts were established.Between the district courts and the Supreme Court were the circuit courts, three in number; they were held by justices of the Supreme Court and the judges of the district courts.Provision was made for the appointment of the necessary officials, as marshals, who held office for four years; in this latter enactment, some students see the germ of the spoils system which was later developed by the extension of this limited tenure of office to all the less important positions in the executive branch（p.413）.

194.政府的组建。——就在华盛顿宣誓就职数周之前的4月8日，麦迪逊在众议院里提出了一项议案，从而引发了关于贸易保护的首次辩论，并且最终促成制定了第一部关税法案。华盛顿就职后不久就签署了这一法案，可最终该法案却并不足以筹集所需资金，因此税率在1790年上调了，且在1792年又再一次上调了。差不多同时通过的《吨税法案》制定了一项歧视性政策，支持由美国船只运输的进口货物，并在沿海贸易中排挤外国船只。有人进一步提议，对那些未与合众国签订贸易条约的各州船只，应当征收比友邦船只更重的税额。这一法案是专门针对国际海运利益而制定的；不过，那些与英国进行贸易的商人纷纷运用自己的影响力来挫败这一提案，因此美国政府不得不终止了这一法案。

当时，国会的注意力转向了新政府的组建。5个行政部门得以创建：国务院，起初它不得不既负责内政，又负责外交事务；财政部；陆军部，在接下来的几年中，它还得负责一些无关紧要的海军事务；司法部，其头子是司法部部长；还有邮政部。这些部门的负责人，均由总统在征得参议院同意的情况下任命，但总统无须参议院同意即可将他们免职；本来曾经有人提出，让财政部部长对国会负责，但这一提议未被采纳。前4个部门的负责人充当的是总统的顾问；邮政部部长呢，直到目前都仍然未进入所谓的内阁班子。在虑考这种组织结构并运用“顾问”和“内阁”两个词时，学习者始终应当牢记，总统根本无须听从他们的建议，甚至不用去征询他们的意见。此外，国会还规定了海关征税官、地方检察官及其他政府官员的任命办法。

国会还规定了司法部门的组织结构。最高法院包括1位首席法官和5名副法官，还设立了13个地方法院。地方法院和最高法院之间，是3个巡回法庭；巡回法庭由最高法院的法官和地方法院的法官共同主理。对其他所需官员的任命，也做出了规定，比如说市司法官的任期是4年；有些学者从这后一规定中，看到了日后因这种有限任期扩展到了行政部门中所有的非重要职位而逐渐形成的分赃制度的萌芽。

195. Hamilton's Financial Measures.—In January, 1790, Hamilton, the new Secretary of the Treasury, presented to Congress an elaborate report on the public credit, which should be carefully studied by all who desire to comprehend Hamilton's clear insight into financial matters, and to appreciate, at their full value, the great services he rendered to his adopted country. It appeared that the United States, as the successor of the Confederation, owed about fifty-four million dollars in principal and accrued but unpaid interest.Eleven millions of this was owed abroad. As to this portion, which was generally termed the “foreign debt, ” all agreed with the secretary that it should be paid in full according to the terms of the original contracts. As to the larger portion, which was owed to citizens of the United States, —the “domestic debt, ” as it was called, —there was no such unanimity of opinion. There had beenhardly any market at all for these obligations; holders had been fortunate to sell their holdings at one fifth of the face value. Hamilton proposed to fund this part of the debt at par; but to this proposal there was much opposition. It was argued that this arrangement would be unjust to the original holders of these certificates who had received them in payment for supplies furnished to the Revolutionary armies, or for services rendered to the country at the time of its greatest need.Madison suggested that the present holders should be paid the highest market price for their obligations, and that the difference between that amount and the face value of the bonds should be paid to the original holders. Hamilton insisted, however, that to secure the credit of the new government it was essential that the full face value of the certificates should be paid to those who possessed the legal title. This was sound practical sense, and Hamilton's plan was adopted. A further part of the secretary's scheme provided that the United States should assume and fund, as a part of its own debt, certain portions of the debts of the several states. On this question, however, the interests of the North and of the South were different, as, for one reason or another, the Northern states were burdened with much larger debts than were the Southern states. The measure commended itself to Hamilton and to those who thought with him, because its consummation would interest a large number of persons in the stability of the new government, and would compel the United States to exercise extensive powers of taxation; but this centralization of power was disliked by those who viewed with jealousy the subordination of the states to the federal government. North Carolina ratified the Constitution in November, 1789, her representatives took their seats in Congress in time to vote against the project, and it was defeated by a small majority（April, 1790）. The issue now became bound up with the decision of another question, —the permanent seat of the national capital.

195.汉密尔顿的财政措施。——1790年1月，新任财政部部长汉密尔顿向国会呈交了一份关于政府信用的详细报告；凡是想要理解汉密尔顿对财政问题敏锐而深刻的洞察力、想要全面领悟他为入籍的美国所做出的伟大贡献的人，都应当仔仔细细地研究一下这份报告。继联邦之后而成立的合众国，除了未付利息，所欠债务似乎约为5400万美元及其增殖部分。其中，1100万为国外债务。对于该部分时称“外债”的债务，其他人都跟这位财长意见一致，认为应当按照原先的合同条款全额偿付。而对于数目更大的、所欠合众国公民的那一部分债务，即“内债”，他们的意见就不那么一致了。这些债务几乎根本就没有什么市场；债券持有者能够将债券按照票面价值的1/5卖出去，就算是运气好的了。汉密尔顿建议，按照票面价值，拨款偿付这一部分债务；但很多人都反对这一提案。人们认为，这样做对这些债券的原始持有者不公平，那些人都是因为给革命军队提供装备，或者在国家最需要的时候做出了贡献，才以债券支付给他们的。麦迪逊提出，应当按照市场最高价来偿付现有债券持有者的债务，而市场最高价与票面价值之间的差额，则应支付给债券的原始持有者。然而，汉密尔顿坚持认为，为了确保新政府的信用，就必须根据债券的票面价值全额偿付给那些合法拥有债券的人。这听上去实事求是，所以国会通过了汉密尔顿的方案。这位财长的方案还有一个附加部分，规定合众国应当将各州债务的一定比例当作国家债务来承担并拨款偿付。然而，在这个问题上，北方各州和南方各州的利益并不相同；因为这样或那样的原因，北方各州所欠债务要比南方各州多得多。这一措施之所以受到汉密尔顿以及与之意见相同者的青睐，是因为这样做会吸引许多的人来一起保持政府的稳定，还会迫使合众国去行使众多的征税权力；不过，一些对各州服从联邦政府感到警惕的人却很不喜欢这种权力的集中。1789年11月，北卡罗来纳州批准了《宪法》，而其议员就任也很及时，他们对这一方案投了反对票，不过1790年4月国会以微弱多数挫败了他们的反对。如今，这个问题同另一个问题的结果结合起来了；这就是国家首都的永久位置问题。

196. The National Capital and Assumption.—Toward the close of the Revolutionary War three hundred Pennsylvania soldiers had surrounded the building in which Congress held its sessions, and demanded the immediate redress of their grievances. The executive council of Pennsylvania was appealed to, and declined to interfere to protect Congress from annoyance. It was largely owing to this that the framers of the Constitution inserted a provision in that instrument which gave the federal government complete control over a district ten miles square, within which a national capitol and other buildings might be erected. The question of the precise location of this small district does not appear to be a matter of much importance in these days of rapid transit. In 1790, however, the Potomac was, to all intents and purposes, as far from Boston as San Francisco is nowadays and Philadelphia was much more inaccessible to the South Carolinian than Denver is at the present time. The Southern members of Congress were anxious to have the permanent seat of government on the Potomac, and the Pennsylvanians were equally desirous that Philadelphia should be the temporary seat of government while the necessary buildings were in the process of construction on the Potomac. Many Northern members, who had slight interest in this matter, were deeply concerned in the success of the project of assumption of the state debts; they believed that the Pennsylvanians, who had voted against the latter measure, had made abargain of some kind with the Southerners. The friends of assumption, therefore, procured the insertion of Baltimore instead of Philadelphia as the site of the temporary capital, and this bill came to a sudden stop.

It was at this time that Jefferson lent his aid to the successful prosecution of a scheme, the recollection of which annoyed him ever after: he yielded to a suggestion of Hamilton's that they should bring about a compromise, and induced enough Southern members to vote for assumption to carry that measure, while Hamilton, on his part, procured enough Northern votes to pass the Potomac-Philadelphia bill. The Assumption Act, in its final form, was a much less satisfactory measure than Hamilton's original plan. The latter had contemplated the assumption of balances of the debt of each state after the sum due by the states to the United States had been ascertained; the law, as passed, provided, however, for the assumption of a certain part of state debts mentioned in the act; in some cases it turned out that the amount thus assumed was much too large.

196.国家首都和《代偿法案》。——在革命战争即将结束的时候，300名宾夕法尼亚士兵包围了联邦议会大厦，要求立即补偿他们所受的不公待遇。联邦议会向宾夕法尼亚行政委员会求助，但后者拒绝干预此事，拒绝替联邦议会解决麻烦。在很大程度上，这是因为立法者们在《宪法》中加入了一项条款，让联邦政府能够完全管辖一处面积为10平方英里的地区，并在其中建立国家首都和其他建筑。这个小地区的准确选址，在交通便捷迅速的今天来看，似乎并不是个什么重要问题。然而，在1790年时，波托马克河距波士顿之远，实际上跟如今的旧金山距波士顿一样，而南卡罗来纳人想要去费城，比他们如今去丹佛还要困难。国会中南方各州的议员们都希望把政府的永久所在地设在波托马克河边，而宾夕法尼亚人则同样渴望，在波托马克河边建设所需建筑的过程中，将临时的政府所在地设在费城。北方各州的许多议员对这个问题都不太感兴趣，而是极为关注各州债务代偿计划的成功；他们认为，对这一计划投了反对票的宾夕法尼亚人，肯定与南方各州的人达成了某种交易。因此，支持债务代偿计划的人力主用巴尔的摩的附属地做临时首都所在地，而不是费城，于是这一议案便突如其来地结束了。

正是在这样的时候，杰斐逊帮助实施了一个方案，后来每每回忆起此事，都让他大为恼火：汉密尔顿建议说，他们应当达成一个折中方案，说服足够多的南方议员投票支持采取那一政策，而汉密尔顿的作用，则是力劝足够的北方议员投支持票，以通过波托马克河-费城议案；杰斐逊在这一提议面前让了步。最终形成的《代偿法案》，远不如汉密尔顿最初的方案那样令人满意。汉密尔顿的最初方案计划代偿的是各州债务中除去各州应付合众国的款项之后的结余部分；然而，所制定的《代偿法案》却规定的是该法案中提到的各州债务的一部分；最终表明，在有些情形下，该法案所规定的代偿数额太大了。

197. The First Slavery Debates, 1789，1790.—The years between the close of the Revolutionary War and the formation of the government under the Constitution saw the abolition of slavery in several Northern states and the formation of plans for gradual emancipation in others（p.250）; it may truthfully be said that the Northerners were opposed to the perpetuation of slavery, although it should also be stated that the intensity of this feeling varied greatly in different parts of the North. Many of the leaders of Virginia—as Washington, Jefferson, and Mason—shared in this opinion. South of the Old Dominion, the case was widely different. The South Carolinians had threatened to stay out of the Union unless their demands as to slavery and the slave trade were complied with（p.262）, and the North Carolinians, in ceding their claims to western lands to the United States（1790）, stipulated that Congress should make no laws affecting slavery in the territory thus ceded.

The first slavery debate in Congress arose on the motion of a representative from Virginia that the constitutional tax of ten dollars per head should be levied on all slaves imported into the country. The representatives of the states farther south defended slavery in the abstract, and accused the Virginians of selfishness in advocating the proposed tax, the effect of which would be to raise the price of Virginia slaves, as they would be in demand in the South and would be purchased of the Virginians by the Carolinian and Georgian planters. The proposal was dropped at that time in consideration of Southern votes for the protective tariff, and, as a matter of fact, no tax was ever levied on slaves imported.

The next year the question again came before Congress, this time in a form much more objectionable to the slave owners. In February, 1790, memorials were presented from the Yearly Meeting of the Society of Friends and from the Abolition Society of Pennsylvania, whose president was Benjamin Franklin. These petitioners prayed Congress to use its constitutional powers to “promote mercy and justice” toward the negro, and to “remove every obstruction to public righteousness, ” especially in respect to slavery. The Southerners assailed the memorialists with tremendous fervor; they scented danger from afar, and the matter came up when their passions were thoroughly aroused by the debates on assumption and on the site of the new capital. The most virulent of the Southern spokesmen was William Jackson of Georgia, an immigrant from England, whose vehemence in harangue has probably never been exceeded in American deliberative assemblies. The House referred the memorials to a committee, and upon their report another debate occurred. Ultimately a few very mild statements were entered on the journal of the House; among them was a declaration to the effect that Congress had no authority to interfere with slavery within the states. The subject was then dropped.

Three years later（1793）the slaveholders secured the passage of an act to carry out the provision of the Constitution（Art. iv）that persons “held to service or labor in one state... escaping into another... shall be delivered up on claim of the party to whom such service or labor may be due.” Fugitive slaves had already been restored to their masters; but this act aroused the resentment of many persons in the North, and the first case which arose under it showed how difficult it was to carry out national laws when they were contrary to the sentiment of the people of a state. In this instance, Massachusetts, where the fugitives were found, did not nullify an act of Congress in solemn conclave; but it proved to be practically impossible to execute an incontestably constitutional law within her borders.

In 1792 Kentucky was admitted to the Union as a slave state: Vermont had been admitted as a free state the year before. The northern boundary of Virginia and Kentucky, from thePennsylvania line to the Mississippi, was the Ohio River, which in this way served as a boundary between the free states and territories of the North and the slaveholding states and territories of the South. The Ohio forms practically a continuation of Mason and Dixon's line; indeed, the latter term was frequently used to designate simply the line between the free and the slave states.

197.1789、1790年关于奴隶制度的第一轮论争。——从革命战争结束到根据《宪法》成立政府的那几年间，北方几个州废除了奴隶制度，而其他各州也都制订了逐步解放奴隶的计划；老实说，北方人是反对维持奴隶制度的，尽管也应当说，在北方不同地区，这种情绪的强烈程度各有不同。许多的弗吉尼亚领导人，如华盛顿、杰斐逊和麦迪逊，都持有这一观点。而在这个老自治领以南，情况则大不一样。南卡罗来纳人曾经威胁说不加入联邦，除非满足他们关于奴隶制度和奴隶贸易的要求；北卡罗来纳人呢，则在1790年将其西部领土所有权让与合众国的过程中，规定联邦议会不得制定影响到被让与领土中奴隶制度的法律。

国会中关于奴隶制度的第一次论争，源自弗吉尼亚一位议员提出的一项动议；这项动议提出，对所有输入美国的奴隶，都应当征收每人10美元的宪法税。南方各州的议员们纷纷从理论上为奴隶制度进行辩护，并指责弗吉尼亚人鼓吹征收这种税是出于私心，因为征税的结果是使得弗吉尼亚的奴隶价格上涨，而南方地区则需要这些奴隶，卡罗来纳和佐治亚的种植园主都需要从弗吉尼亚人手中购买奴隶。其时，由于南方各州投票支持了保护性关税，因此这一提案被终止讨论了；事实上，后来对于输入的奴隶也从未征过税。

第二年，这个问题再次提交给了国会，但这次的方式，却让奴隶主们要反感得多了。1790年2月，基督教公谊会年会以及由本杰明·富兰克林担任主席的宾夕法尼亚废奴协会，都向国会呈交了请愿书。这些请愿者恳请国会运用《宪法》所赋予的权力，在对待黑人方面“促进仁慈之心和公正”，并且“扫除公众正义的一切障碍”，尤其是在废除奴隶制度方面的障碍。南方各州的人对这些请愿者发动了狂热的抨击；他们嗅出了远方的危险，而当他们的狂热因为债务代偿和新首都选址问题而被彻底激发出来之后，麻烦就出现了。南方各州最怀敌意的代言人是佐治亚州的威廉·杰克逊，他是英国移民，其指责之激烈，很可能在美国的历次审议会议上都无人出其右。国会将这些请愿书委托给一个委员会进行审议，但委员们的报告又引发了另一场论争。最终，国会的议事记录里采用了一些语气非常温和的说法；其中有一个声明，大意是国会无权干预各州内部的奴隶制度。接下来，便不再讨论这一议题了。

3年后的1793年，奴隶主们成功通过了一项法案，来贯彻执行《宪法》第四条之规定：那些“被一州扣押服役或从事劳作……逃入另一州的人……一经此种劳役所有方提出要求，即应当移交给此方”。逃亡的奴隶一直都是归还给其主人的；但这一法案却激起了许多北方人的愤恨，由其引发的第一起案子即表明，违背一州人民想法的全国性法律，实施起来是多么困难。在这个案例中，发现逃奴的马萨诸塞州，并未在严肃的秘密会议上否决国会制定的法令；但结果却证明，在该州实际上不可能执行一部毫无讨论余地的宪法。

1792年，肯塔基作为一个实行奴隶制度的州，获准加入了联邦；而在前一年，佛蒙特州作为一个自由州也获准加入了。弗吉尼亚和肯塔基从宾夕法尼亚的边界直到密西西比河的北部界线，就是俄亥俄河，它形成了北方各自由州、准州与南方各蓄奴州和准州之间的界线。俄亥俄河几乎成了梅森-狄克逊线的延长线；实际上，后者即“梅森-狄克逊线”这个术语，经常用于单指各自由州与蓄奴州之间的界线。

198. The Excise and the Bank, 1791.—The third and last session of the First Congress was held at Philadelphia. Two measures then passed were of paramount interest: a bill for raising revenue from an internal revenue tax or excise, and a bill establishing a national bank. It will be remembered that Hamilton had valued the plan for the assumption of state debts because it would necessitate the extension of the government's taxing power to other sources of revenue than taxes on goods imported from foreign countries, and thus concentrate in the hands of the federal government the great sources of public income. When the assumption scheme was passed, he proposed that an excise tax of twenty-five cents per gallon should be levied on all whiskey manufactured in the United States. This rate was very low, and the tax would not bring in much revenue; but its enforcement would accustom the western frontiersmen to federal taxation and to the presence of federal officials, and it would make the levying of heavier taxes in the future much easier. The bill was stubbornly fought in the House; it was passed against the protests of several state legislatures, and it produced a rebellion, —the Whiskey Insurrection of 1794. Hamilton's principal object was accomplished, however; the federal government had exerted its powers to levy internal taxes and had shown its strength in suppressing rebellion.

Hamilton had long favored the establishment of a national bank. Indeed, during the Revolutionary War, he had written to Robert Morris proposing such an institution on the ground that it would enlist in that movement the influence and interest of men of means and position. He now laid before Congress the plan of a national bank, resembling in many ways the Bank of England. An establishment of this description would greatly facilitate the collection and disbursement of the public funds. He therefore maintained that it would be constitutional under the clause which authorized Congress “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, ” among which was the power “to lay and collect taxes... to pay the debts” of the federal government. This view of the force of the words “necessary and proper” was contested in Congress, especially by Madison. When the bill came before Washington for his approval, he asked the written opinions of his advisers.Jefferson argued that the power to charter a bank was nowhere granted toCongress by the Constitution, and that, according to the Tenth Amendment（p.263）, all powers not delegated to the national government were reserved to the states or to the people. This opinion and that of Hamilton are well worth reading, as they give an admirable idea of the two modes of interpreting the Constitution. After some hesitation, Washington approved the bill, and twenty-five years afterward Madison, as President, signed a similar bill. The capital of the new bank thus brought into existence was ten millions, and was all subscribed for within two hours. Two parties had been formed in the cabinet, however, and from this time on, Jefferson and Hamilton, to use the words of the former, were “pitted against each other every day in the cabinet, like two fighting cocks.” Jefferson placed himself at the head of the elements of opposition, and with marvelous skill welded them into a powerful party.

198.1791年的国内货物税和国家银行。——第一届国会的第三次会议，亦即其最后一次会议，是在费城召开的。当时所通过的两项政策具有极其重要的意义：一项通过国内营业收入税或货物税来征取税收的法案，以及一项建立国家银行的法案。我们还记得，汉密尔顿很重视那个代偿各州债务的方案，因为该方案会使得政府的征税权必须扩大到其他税收资源上去，而不仅仅是对从外国进口的货物征税，从而将庞大的政府收入资源集中掌握在联邦政府手中。代偿方案通过之后，他又提议，应对合众国生产的所有威士忌酒征收每加仑（1加仑约合3.8升）25美分的国内货物税。这一税率相当低，并且这一税种并不会给政府带来多少岁入；但其实行会让西部地区的边远居民习惯联邦所征税种，习惯于联邦官员的存在，并且还会使在将来征收较重的税种变得容易得多。这一法案在国会遭到了顽强的阻挡；但最终还是不顾几个州立法机构的反对而通过了，还引发了一场叛乱，即1794年的“威士忌起义”。然而，汉密尔顿的首要目标还是实现了；联邦政府已经行使了其征收国内税的权力，并且在镇压叛乱的过程中显示出了实力。

长久以来，汉密尔顿一直支持建立一个国家银行。实际上，还在革命战争期间，他就曾写信给罗伯特·莫里斯，建议设立这样一个机构，理由是它可以在战争中赢得那些神通广大、有钱有势的人的支持和关注。此时他便向国会提交了一个关于设立国家银行的计划，这个国家银行在很多方面都类似于英格兰银行。设立这样一个银行，会极大地促进公共资金的募集和分配。因此他认为，根据授权国会“制定实行前述权力所必需且恰当的一切法律”的条款，这样做是符合宪法精神的，因为“前述权力”中包括联邦政府“征取税收……用于偿还债务”的权力。这种认为“必需且恰当”一语具有法律效力的观点，在国会中受到了质疑，尤其是受到了麦迪逊的质疑。当这一法案呈交华盛顿批准时，华盛顿要求其顾问们提出书面意见。杰斐逊认为，《宪法》并未授予国会特许设立银行的权力，并且根据第十修正案的规定，所有未授予国家政府的权力，都是各州或人民的保留权力。这一观点和汉密尔顿的观点都值得好好理解，因为它们给出了一种绝妙的思想，表现出了阐释《宪法》的两种模式。犹豫了一段时间后，华盛顿批准了这一法案，而25年后，时任总统的麦迪逊也签署了一项类似的法案。这一新银行成立之时的资本是1000万美元，并在两个小时内就被认捐一空。然而，内阁中形成了两派，并且自此之后，用杰斐逊的话来说，他和汉密尔顿二人就“在内阁中每日相斗，犹如两只好斗的公鸡”。杰斐逊确立了自己在反对派中的领袖地位，并凭借其非凡的才能而将反对派凝聚成了一个强大的政党。

199. Rise of the Republican Party.—Jefferson maintained that Hamilton had under his orders in Congress “a corrupt squadron” of members, who were willing to do his bidding and were well paid for their complacency. There were also dark stories in circulation of swift sailing vessels dispatched by Hamilton's friends to Southern ports, bearing agents who bought up the certificates of indebtedness at a low rate, before the news of the funding of the debt could reach those far-off regions. Whether these stories were true or false, it is undoubtedly true that the shrewd men of business in the North, who were mostly of Hamilton's party, made large profits out of the funding operations, at the expense, to a considerable extent, of the Southern people.

The financial measures of the new government were very successful, and their success alarmed and irritated many persons besides Jefferson. They all led to a great increase in the power of the central government and to a corresponding diminution in the power of the state governments. The latter organizations were familiar to the great mass of the people, who understood little of the problems of finance, which had been so admirably solved by the Secretary of the Treasury. They felt a distrust toward the growing power of the federal government, and were disposed to insist on an interpretation of the Constitution which should be favorable to the continued authority of the states.

Jefferson, personally, was not averse to the existence of a strong national government; as President, he certainly never hesitated to use whatever powers the Constitution could be construed to give him, and some powers, indeed, which no construction could read into that document（P. 337）; but he objected strenuously to the exercise of those functions by Hamilton and his allies. With his love of individual liberty, he saw the government every day trenching more and more on the rights of the individual. He thought he saw a determination to build up a strong government resembling a monarchy, if not a monarchy itself. He lost no opportunity to bring the charge of monarchical tendencies home to his opponents; for himself, he stood for republican principles, and the party which gathered about him gradually assumed the name of Republican. Hamilton and his followers continued to bear the designation—so ill befitting them—of Federalists, —a name which had proved powerful in the struggle for the ratification of the Constitution.

Jefferson was the first to recognize the power to be exercised by the newspaper press. Through his influence was established the National Gazette, edited by Philip Freneau, a literary man of ability, who occupied the position of clerk in Jefferson's department. A furiousonslaught was at once begun on Hamilton and the Federalists, in which even Washington was not spared. Their defense was feebly essayed by the Gazette of the United States.

199.共和党之崛起。——杰斐逊认为，汉密尔顿在国会聚集了“一群堕落的”议员，这些议员愿意唯汉密尔顿之命是从，并且为其自鸣得意付出了很大的代价。社会上也流传着隐晦的说法，说支持汉密尔顿的人派遣快速帆船，载着掮客赶在拨款代偿债务的消息到达那些边远地区之前，到南方各个港口去，用低价购买债券。不论这些传言是真是假，精于算计、生财有道且大多数属于汉密尔顿同道中人的北方佬，在代偿政策实施的过程中，通过极大地牺牲南方各州人民利益的方式，都大赚特赚了一把，这一点却无疑是千真万确的。

新政府的财政政策实行得很成功，而这种成功却引起了许多人的警惕和不舒服，其中就包括杰斐逊。这种成功，结果都极大地加强了中央政府的权力，并相应地削弱了各州政府的权力。人民大众更熟悉后者，即各州政府；他们基本上不懂什么财政问题——正是财政部部长汉密尔顿，很好地解决了这一问题。对于联邦政府权力的日渐增加，他们都疑虑重重，都想坚持对《宪法》进行有利于保持各州权力的解释。

杰斐逊本人并不反对存在一个强有力的全国性政府；作为总统，他运用起《宪法》所能赋予他的所有权力来，自然是当仁不让，事实上有些权力在《宪法》中根本就看不出来；不过，他还是极力反对汉密尔顿及其支持者所行使的职权。由于崇尚个人自由，他明白政府正在日益侵害个人的种种权利。他认为，自己看到的是一种建立一个类似于君主独裁式的强大政府的决心，就算这个政府本身并不是一个君主独裁政府。他抓住一切机会，不遗余力地指责对手有君主独裁之野心；而对于自己来说，他代表了共和制的原则，因此以他为核心的那个政党，便渐渐形成了“共和党”这个名称。汉密尔顿及其支持者们仍然坚守着联邦党人的目标——其实他们这样做并不适宜，尽管“联邦党人”这个称呼在为批准《宪法》而进行的斗争中显示出了强大的力量。

杰斐逊是第一个认识到新闻出版业宣传力量的人。通过他的影响，成立了《国民公报》，由博学而能干且担任杰斐逊政府书记员的菲利普·弗伦诺任主编。于是，一场针对汉密尔顿和联邦党人的猛烈抨击随即发动了，连华盛顿也未能幸免。他们的反击毫无力量，只刊登在《合众国公报》上。

200. The Neutrality Proclamation, 1793.—On the first day of February, 1793, the French Republic declared war against Great Britain, and began a conflict fraught with danger to the United States as well as to the people of Europe. Indeed, from this time until 1823, thehistory of the United States was largely influenced by the course of events on the other side of the Atlantic, and at times it may even be said to have been dominated by European political complications.Jefferson had been United States minister at Paris at the outbreak of the French Revolution; he had left France almost immediately afterward, and had therefore been personally acquainted with the French Revolution only in its earlier and better period. He sympathized with the efforts made by the French revolutionary leaders to exalt the rights of the individual as against the control of government; that was precisely what he was laboring to bring about in America. Hamilton, on the other hand, distrusted the people, hated democracy, and had no sympathy for France. The cabinet was therefore divided on this question as well as on others, and for precisely the same reasons. This was the more unfortunate as the position of the government was full of peril. The Treaty of Alliance with France（p.211）provided that each party should guarantee to the other its territorial possessions in America. According to the letter of the treaty, therefore, the United States was bound to defend the French West India Islands against British attacks. Washington laid the case before his advisers and asked whether the treaty was still in force, in view of the overthrow and execution of the French monarch with whom it had been made.Jefferson replied that it was still in force. According to the political theories contained in the Declaration of Independence, which form the basis of the American political system, the government of a country is merely the instrument by which the sovereign power, the people, carries on its affairs.Bearing this in mind, it is difficult to see how he could have given any other answer. To Hamilton, however, to whom governments were everything and the people nothing, the case seemed to be equally clear on the other side.Political expediency, nay, the existence of the United States, demanded that she should not take sides in the stupendous conflict now approaching.Recognizing this, Washington decided to issue a proclamation of neutrality defining the position of the United States, and warning all American citizens against committing hostile acts in favor of either side（April 22，1793）. This proclamation is of the very greatest importance in the history of the country, as it was then first definitely laid down as a policy that the United States was to hold aloof from the wars and politics of Europe. It proved to be I very difficult to carry out in practice, and the difficulty was not in any way lessened by the conduct of the French agent in the United States, the “Citizen Genet.”

Genet landed at Charleston on April 8 and at once began to fit out warlike expeditions, as if the United States were French soil: he armed privateers, commissioned them, and directed their masters to send prizes into United States ports for condemnation. He then set out for Philadelphia, and his journey resembled a triumphal progress. Clubs were formed on the model of the Jacobin Club of Paris, and extreme democratic ideas were sedulously cultivated. Fortunately, however, Genet was a very indiscreet man, and soon involved himself in actions which justified the government in asking for his recall. This request was at once granted; for the party that had sent him to America was no longer in power in France, but had been replaced by a much more radical element.Curiously enough, it does not appear that Genet or Adet, his successor, called upon the government to fulfill their treaty obligations, —a demand which would have been very awkward to meet.

The Federalists at once endeavored to stigmatize their opponents as democrats. On their side, the Republicans charged the Federalists with leanings toward England, and branded them as the British party. There was some truth in this latter contention, as the Federalist party was strong in the commercial centers of the North, whose trade was mainly with GreatBritain. Notwithstanding their fierce and growing dissensions, Jefferson and Hamilton both implored Washington to serve another term; he was unanimously re-elected, and John Adams again became Vice-President（1792）.

200.1793年的《中立宣言》。——1793年2月1日，法兰西共和国向英国宣战，从而开始了一场对美国人民和欧洲人民来说同样危险重重的战争。事实上，从此时起直到1823年，合众国的历史都受到了大西洋彼岸事件进程的极大影响，有时候甚至可以说，欧洲的政治动荡主宰着美国历史的走向。法国革命爆发之时，杰斐逊正在巴黎担任美国驻法公使；随后，他几乎马上就离开了法国，因此，他只知道法国革命初期和局势较好时期的情况。对于法国革命领袖为弘扬个人权利、反对政府控制所做的努力，他深有同感；因为这正是他努力想要在美国实现的目标。而另一方面，汉密尔顿却不信任人民，不喜欢民主，因而并不同情法国。于是，就跟关于其他问题一样，内阁在这一问题上分成了两派，对立的原因也跟其他问题完全相同。此次则更为不幸，因为政府的地位岌岌可危了。《美法同盟条约》规定，双方都应保证彼此在美洲的领土所有权。因此，根据这一条约字面的意思，合众国应当保护法属西印度群岛不受英国攻击。华盛顿把这一问题摆到了顾问们的面前，问因为签署条约的法国国王已经被推翻并处决了，该条约是不是还有效。杰斐逊回答说还有效。根据《独立宣言》中所内含的政治理念——这些理念构成了美国政治制度的基础——一国政府只是最高权力即人民处置自己事务的一种工具。记住这个，就不难明白，他是不可能给出别的什么答案的。然而，对于汉密尔顿来说，政府即是一切，而人民什么都不是，他给出相反的回答也是显而易见的。政治上的利己因素，外加美国的存续，都要求美国在此时正在迫近的大战中不偏袒任何一方。认识到了这一点，华盛顿决定发表一个中立宣言，表明合众国的立场，并警告所有美国公民，不要从事偏袒任何一方的敌对行为（1793年4月22日）。这个宣言在美国历史上具有极其重要的意义，因为它首次明确地把合众国远离欧洲战事、远离欧洲政治定为了一项国策。后来表明，这一政策实行起来极为困难，而法国政府代表“市民热内”在合众国内的活动也丝毫没有降低这种难度。

热内于4月8日在查尔斯顿登岸，并马上开始准备进行战争式的远征，仿佛合众国就是法国领土一样：他装备了许多武装民船，授予其权力，并命令这些武装民船的船长将俘虏送进合众国的各个港口受审定罪。接下来，他出发前往费城，一路上都像是在胜利进军似的。根据巴黎雅各宾社[1]的模式，形成了许多的会社，而极端民主主义思想也一点一点培养起来了。然而，幸运的是，热内是个极为轻率的人，不久就卷入了一些诉讼案子当中，让美国政府有了要求召回他的理由。这一要求马上就批准了；因为派遣热内去美国的那个政党在法国已经倒台，被一个激进得多的党派所取代了。不过奇怪得很，不管是热内还是其继任者艾德特，似乎都没有要求美国政府履行条约所规定的义务——假如提出了这个要求，美国政府就会很尴尬了。

联邦党人马上就开始竭力给对手贴上民主党人的标签。而在共和党人这一方，他们指责联邦党人偏袒英国，还称联邦党人为“英国党”。后面这种论争还是符合一定事实的，因为联邦党在北方的各个贸易中心都势力强大，他们主要是同英国进行贸易往来。尽管分歧日盛且冲突日益加剧，但杰斐逊和汉密尔顿两人都恳请华盛顿连任；于是，他毫无异议地再次当选总统，而约翰·亚当斯也再一次当选为副总统（1792年）。

201.Relations with Great Britain, 1783-94.—The treaty of peace of 1783 had secured the independence of the United States and had given it adequate boundaries; but it had left unsettled many weighty questions, and some of its more important provisions had not been faithfully observed. For instance, legal obstacles had been placed in the way of the collection of debts incurred before the Revolution（p.252）, and Great Britain had refused to surrender many posts in the northwest, whose retention was a standing menace to the settlers in that region. The British had also taken away large numbers of slaves in contravention of the treaty, according to the American interpretation of it（p.251）. The controversy had reached a dangerous point, where slight additional irritation on either side might easily lead to war; and, on the other hand, the United States was now in a position to enforce its treaty obligations.

Meantime, the war between France and Great Britain had given rise to another cause of grievance. In May, 1793, the French ordered the capture and condemnation of neutral vessels carrying provisions to British ports, on the ground that provisions were contraband of war, or goods which could not be supplied to a belligerent except at the risk of seizure by the other belligerent. The British government soon adopted a similar policy. In those days there also existed an agreement between the leading European powers to the effect that a neutral could not enjoy in time of war a trade which was prohibited to it in time of peace. This was called the Rule of War of 1756, or, more briefly, the Rule of 1756. The Americans were not allowed to trade with the French West Indies in time of peace, but as soon as the war broke out those ports were opened to them. In November, 1793, the British put this rule in force against American shipping. As the Americans were not permitted to trade with the British West Indies, this action practically closed the commerce of that region to them. With the outbreak of the war, another and even more irritating contention arose over the right of the British to stop American vessels on the high seas and remove from them British seamen for service in British men-of-war; the more serious phase of this impressment controversy will be considered later on（p.345）. Affairs had reached a point where war seemed inevitable. In March, 1794, Congress laid an embargo for thirty days on shipping in American ports, which was afterwards extended for another thirty days. A bill was also brought in providing for non-intercourse with Great Britain, and was defeated in the Senate only by the casting vote of the Vice-President. A word from Washington, and the nation would have cheerfully plunged into war.

201.1783～1794年间同英国的关系。——1783年签署的和约使得合众国独立了，还勉勉强强地为合众国划定了边界；不过，它并未解决许多的重大问题，且其中一些更为重要的条款并未得到切实遵守。比如说，为革命前所负债务的偿付设置了法律障碍，并且英国拒绝交出西北地区的许多军事据点，保留这些基地对于在那些地方的拓殖者来说，是一种经常性的威胁。英国人还带走了大量的奴隶，根据美国人的理解，这一做法违反了和约的规定。这种争执发展到了一种很危险的程度，哪怕只需稍加刺激，都可能极易使双方之间爆发战争了；而从另一方面来看，此时的合众国已经能够履行其和约义务了。

与此同时，法英之间的战争又导致了另一桩不平之事。1793年5月，法国政府下令扣押那些运送给养到英国港口的中立国船只，并审判定罪，理由是这些给养属于战时禁运物资，或者不能提供给交战国、否则就有被另一交战国扣押的危险的物资。英国政府很快也制定了一项类似的政策。当时，欧洲各主要列强还签署了一份协定，大意是在和平时期禁止进行的贸易，在战争时期中立国也不能进行。这一协定被称作“1756年战争规则”，或者简称为“1756年规则”。在和平时期，并不允许美国人同法属西印度群岛进行贸易往来，但英法战争一爆发，法属西印度群岛诸港口便向美国人敞开了大门。1793年11月，英国开始对美国船只实施“1756年规则”。由于也不允许美国人同英属西印度群岛进行贸易，英国的这一做法实际上是让美国人没法同整个西印度群岛地区进行贸易了。随着战争的爆发，英国在公海上逼停美国船只，将船上的英国水手都撤走，让他们去英军中服役，因此围绕英国有没有权力这样做，又产生了另一桩让美国人更为恼火的纠纷；这一强行征用争端更为严重的阶段，我们过后再进行研究。形势已经发展到了这样一种地步，战争似乎不可避免了。1794年3月，国会规定美国各港口禁运30天，后来又延长了30天。国会还提出了一项议案，规定中止同英国的外交关系，但在参议院里，只凭副总统的决定票便否决了这一议案。此时，只需华盛顿一声令下，美国就会欢天喜地地投身于战争之中了。

202. Jay's Treaty, 1794.—Washington determined to make one more effort to settle these questions peaceably; he appointed John Jay, Chief Justice of the United States, minister to Great Britain to negotiate a new treaty. Probably a better choice could not have been made.Jay had had much experience in diplomatic affairs, was a man of the highest integrity, and one of the least self-interested men in public life. After a long and arduous negotiation, he signed a treaty（1794）whose publication at once aroused fierce animosity in the United States. By this instrument the British government agreed to evacuate the posts on June 1, 1796; joint commissions were to be appointed to settle the question of debts, the indemnity for the negroes who were taken away, and to determine boundary disputes on the northeastern frontier; but on the questions of neutral trade and impressment the British government would not yield. The most objectionable provision of the treaty was the twelfth article. This opened the ports of the British West Indies to American vessels, provided that they were under seventy tons, and on the further condition that during the continuance of the treaty（twelve years）the United States would not export molasses, sugar, coffee, cocoa, or cotton to any part of the world.

202.1794年的《杰伊条约》。——华盛顿决定再做一次努力，和平解决这些问题；他任命合众国首席大法官约翰·杰伊为驻英公使，以通过谈判达成一个新的条约。很可能，没有比杰伊更合适的人选了。杰伊在外交事务上经验丰富，为人极为正直，并且是政府中最无私心的人之一。经过长久而艰难的谈判，他于1794年签署了一个条约，该条约一经公布，便立即在美国国内引发了强烈的憎恨。在这一条约中，英国政府同意在1796年6月1日撤出所有的军事基地；两国政府任命联合委员，来解决债务和英国人带走黑奴的赔偿问题，并裁决东北边境的边界争端；但在中立国贸易和强行征用问题上，英国政府却毫不让步。条约最令人反感的规定，便是其中的第十二条。这一条虽然规定美国船只可以进入英属西印度群岛诸港，但条件是船只吨位不能超过70吨，并且进一步规定，在条约有效期内（12年），合众国不得向世界任何地区出口糖蜜、食糖、咖啡、可可和棉花。

203. Ratification of Jay's Treaty, 1795.—The announcement of the terms of the treaty was the signal for an outburst of indignation.Jay was burned in effigy, the British flag was dragged in the dirt, the British minister was insulted, and Washington was abused in language that he declared “could scarcely be applied to a Nero, to a notorious defaulter, or even to a common pickpocket.” It was only with the greatest difficulty that the Senate could be induced to give its consent to the treaty without the twelfth article. In the House of Representatives there was also a fierce contest, for money was needed to carry out the provisions of the treaty. After a long debate, the House passed a resolution calling on the President for the papers relating to the negotiation. This demand Washington refused, on the ground that the House of Representatives was not a part of the treaty-making power.Finally, the House gave way, largely in consequence of pressure brought to bear upon Northern members by their constituents in the commercial centers of the North; and by a vote of forty-eight to forty-one the necessary appropriation bills were passed.

The best that can be said of Jay's treaty is that it postponed the second war with Great Britain for many years. The immediate consequence was to increase the feeling of dissatisfaction with the Federalists. Even in Virginia Washington lost much of his former popularity; the legislature of that state refused to pass a vote of undiminished confidence in its most distinguished son.

203.1795年批准《杰伊条约》。——该条约条款的宣布，使得合众国人民义愤填膺。人们焚毁杰伊的画像，将英国国旗丢在泥土里拖曳，侮辱英国公使，并且用华盛顿自己所说的话辱骂他，说他“根本配不上一个黑人、一个臭名昭著的盗用公款者，甚至是一个普通的扒手”。他克服了极大的困难，才说服参议院同意批准除去了第十二条的这个条约。而在众议院，也爆发了一场激烈的论争，因为实施该条约的规定需要用钱。经过旷日持久的争论之后，众议院通过了一项决议，要求总统出示与这次谈判相关的文件。华盛顿驳回了这一要求，理由是众议院并非是具有条约签署权的一方。最后，众议院让了步，很大程度上是迫于北方各个贸易中心选民对北方议员所施加的压力；48票对41票，众议院通过了所需的拨款法案。杰伊所签条约最好的地方，是将美国与英国之间的第二次战争推迟了许多年。而其直接后果，便是增加了人民对联邦党人的不满。即使是在弗吉尼亚，华盛顿也失去了许多原先的支持者；该州立法机构拒绝通过一项票决，拒绝表明一如既往地信任这位杰出的弗吉尼亚人。

204.Relations with Spain and France, 1794-97.—According to the treaties of 1763 and 1783, the United States enjoyed the right to the free navigation of the Mississippi（p.229）and had a strong claim to territory as far south as the thirty-first parallel（p.229）. It proved to be very difficult to secure possession of the land bordering on the Mississippi south of the Yazoo, as the Spaniards contended that Britain, in ceding to her “the Floridas, ” had ceded them with the boundaries under which they were actually governed at the time of the Spanish occupation（p.252）. The Spaniards also intrigued with the settlers in Kentucky and Tennessee. The right of the United States to the free navigation of the Mississippi could not well be denied, but the free navigation of the great river was of slight value unless the Americans possessed the further privilege of using some portion of the river's banks within Spanish territory for the purpose of transferring cargo from river-going craft to vessels capable of navigating the ocean. In 1795 Thomas Pinckney negotiated a treaty with Spain, by which that power agreed to designate “a place of deposit” within her territory where goods might be stored free of duty while awaiting transshipment, and she acknowledged the claim of the United States as to the boundary to be valid; but it was several years before theposts within the territory thus conceded were handed over to the United States. With France matters did not proceed so satisfactorily.

The French government was greatly exasperated by the conclusion of the treaty with Great Britain, as war between that power and the United States was thereby made improbable. The American minister at Paris, James Monroe, a Virginian of the Jeffersonian school, instead of doing his utmost to smooth away these feelings of resentment, seems to have shared them himself; he also made no attempt to press the claims of America for damages for the unwarrantable seizure of vessels by the French. Washington recalled him, and sent in his place Charles C.Pinckney of South Carolina, whom the French government refused to receive（February, 1797）.

204.1794～1797年间与西班牙和法国的关系。——根据1763年与1783年所签署的两个条约，合众国享有在密西西比河上的自由通航权，并且拥有南至北纬31度线之领土的强大所有权。后来表明，想要操持占有毗连密西西比河、位于亚祖河以南的土地很困难，因为西班牙人认为，英国人既然将“东、西佛罗里达”都让与了西班牙，那么也将西班牙占领时期所实际控制的边界也割让给了西班牙。西班牙人还与肯塔基州和田纳西州的居民串通一气。合众国在密西西比河上的自由通航权不好否认，但除非美国人拥有进一步的特权，能够利用西班牙属地范围内的一部分河岸，将货物从河运船只运送到海运船只上去，否则，在这条大河上的自由通航权就毫无价值。1795年，托马斯·平克尼同西班牙进行谈判，达成了一个条约，规定西班牙同意在其属地范围内指定一个“存放处”，可以将等待转运的货物免征关税存放在这里，还承认了关于边界的所有权要求是合法的；不过，又过了数年，西班牙才将所割让领地内的军事据点移交给合众国。可跟法国，事情进行得可没有这样顺利了。

美国与英国缔结的条约，极大地激怒了法国政府，因为这样一来，英美之间就不可能爆发战争了。驻巴黎的美国公使詹姆斯·门罗是一个支持杰斐逊的弗吉尼亚人，他没有尽力去抚慰这种愤恨之情，而是好像自己跟法国政府一样感到愤恨；他也没有向法国施压，要求法国因不正当地扣押船只而赔偿美国的损失。华盛顿召回了他，派南卡罗来纳州的查尔斯·C.平克尼继任驻法公使，可法国政府却拒绝承认其公使身份（1797年2月）。

205. Washington's Farewell Address, 1797.—Toward the close of his second term, Washington decided to retire from the presidency, and by declining to be a candidate for reelection, set a precedent which has ever since been followed. He announced this determination in a masterly Farewell Address, which is still full of instruction for the American people. He earnestly besought his countrymen to foster the government recentlyestablished and to preserve the public credit. As to the outer world, he wished his fellow-citizens first of all to be Americans, and to avoid taking sides with foreign nations:"It is our true policy to steer clear of permanent alliances with any portion of the foreign world... I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy...

“Harmony and a liberal intercourse with all nations are recommended by policy, humanity, and interest.”

205.1797年华盛顿的离职演说。——到了第二届任期期满的时候，华盛顿决定辞去总统职务，并且不再作为候选人参与竞选，开创了此后历任总统一直遵循的一个先例。他在一次精心安排的离职演说中宣布了这一决定；这次演说，对于美国人民来说，如今仍然具有极大的教育意义。他衷心恳请美国人民扶持这个成立不久的政府，并且保护好政府信用。在外交关系上，他希望自己的同胞首先要做一个美国人，不要偏袒外国：“我们正确的政策，是不能同任何外国势力永久结盟……我所信奉的一句既适用于外交也适用于内政的格言是：诚实乃是上策……”

“政策、人性和利益都要求我们同各个国家保持和谐而开明的外交关系。”

206. Election of John Adams, 1796.—The choice of Washington's successor proved to be a matter of some difficulty.Jefferson was the undoubted leader of the Republicans, and he became their candidate. There was no such unanimity of opinion among the Federalists: Hamilton was the real leader of the party, but he was very unpopular and could not possibly have been elected; John Jay would have been Hamilton's choice for the place, but the odium which had attached to the negotiator of Jay's treaty made his candidature impossible. Under the circumstances, John Adams was the only candidate whom the Federalists could put forward with a fair chance of success. But Hamilton sought by an unworthy political trick to secure the election to the first place of Thomas Pinckney, the nominal candidate for the vice-presidency. Adams was popular with the rank and file of the Federalist party, although he was obnoxious to some of the leaders. The result was that to insure the choice of Adams, a number of Federalist electors threw away their second votes, and thus-brought about the election of Jefferson to the second place instead of Pinckney.Jefferson, indeed, showed the most unexpected strength, and Adams was chosen President by three votes only over his Republican rival, —the votes being seventy-one for Adams and sixty-eight for Jefferson. The Federalists kept control of the Senate, but the moderate Republicans held the balance of power in the House of Representatives.

Adams, at the outset of his administration, made the fatal blunder of retaining Washington's official advisers in office. Hamilton had long since retired from the cabinet, and the heads of departments were men of fair abilities only, and could easily have been replaced. They regarded Hamilton as their chief and intrigued against Adams from the beginning to the end of his term of office.Beset by these difficulties at home, Adams had a most arduous task in the solution of the troubles with France.

206.1796年约翰·亚当斯当选总统。——结果，选择华盛顿的继任者颇费了一番周折。杰斐逊是共和党当仁不让的领袖，所以他是共和党的候选人。但联邦党人内部，意见却没有这样统一：汉密尔顿是该党的实际领袖，但他人缘很不好，不可能被推举为候选人；汉密尔顿本想让约翰·杰伊当该党候选人，可杰伊因为签署了与英国的条约而饱受骂名，使得他也不可能成为总统候选人。在这种情况下，该党便只有约翰·亚当斯这个候选人了，联邦党人只有推举他，竞选才有可能成功。但是，汉密尔顿为了确保首先提名托马斯·平克尼为副总统候选人，便玩了一个卑劣的政治诡计。亚当斯很受普通的联邦党人爱戴，但有些领导人却不喜欢他。结果，为了确保亚当斯当选，许多的联邦党选民都放弃了自己的第二票；这样一来，就使得杰斐逊的得票数位列第二，而非平克尼的得票数位居第二了。事实上，杰斐逊表现出来的实力极其出人意料；亚当斯当选总统的得票数，仅比他的这位共和党竞争对手多3票——亚当斯获得了71票，而杰斐逊获得了68票。联邦党人掌控了参议院，但在众议院里，温和稳健的共和党人却有着举足轻重的势力。

亚当斯在上任初期，犯了一个致命的错误，那就是让华盛顿的正式顾问班子继续任职。此时，汉密尔顿早已退出内阁，政府各部门的头头都属于能力平平之辈，本来是很容易换人的。这些人都唯汉密尔顿马首是瞻，所以在亚当斯任期内，他们始终都暗暗反对他。由于内政上有着这些麻烦缠身，所以亚当斯在解决同法国的纠纷过程中，费尽了心思。

207.Breach with France, 1796-99.—The new President had scarcely assumed office when news arrived that Pinckney had been sent away from Paris. Adams determined, however, to make another effort to renew friendly relations with the former ally of America. He appointed a commission, consisting of Elbridge Gerry, a Massachusetts Republican, John Marshall, a Virginia Federalist, and Charles C.Pinckney, the rejected minister, to go to France and endeavor to preserve peace with the French Republic, now under the government of the Directory. The commissioners met with a most extraordinary reception at Paris（October, 1797）. Agents came to them whose names were disguised in the dispatches under the letters X, Y, and Z. They demanded money as the price of receiving the Americans. This was refused, and the commissioners were directed to leave France. An attempt was made, however, to negotiate separately with Gerry, who was regarded as representing the Jeffersonian party. News traveled slowly in those days, and it was April, 1798, before Adams communicated to Congress the failure of this ill-starred commission. In June the President sent the papers to Congress with the assertion that he would “never send another minister to France without assurances that he would be received, respected, and honored as the representative of a great, free, powerful, and independent nation.”

Instantly, there was a revulsion of feeling in Congress. The Federalists gained control of both houses, and pushed forward preparations for defense. A new army organization was begun, with Washington in nominal command; but the real direction of military affairs was intrusted to Hamilton, who was forced on the President by Washington as the price of his own co-operation. The building of a navy, which had already been begun during recent disputes with the piratical states of northern Africa, was now pushed on with vigor. Many of the new vessels did excellent service. In their home policy, however, the Federalists committed grave blunders.

207.1796～1799年间同法国决裂。——新总统刚刚上任，就传来了平克尼被逐出巴黎的消息。然而，亚当斯决定再努力一次，修复同法国这个前盟国的友好关系。他任命了一个特派团，其中包括马萨诸塞州的共和党人埃尔布里奇·格里、弗吉尼亚的联邦党人约翰·马歇尔及被逐公使查尔斯·C.平克尼，命他们前往法国，去努力维持同法兰西共和国的和睦关系；此时，法兰西共和国正由五人执政团[2]主政。特派团到了巴黎，接待他们的方式离奇至极。派来接待特派团的政府官员，名字都用X、Y、Z这些字母进行了掩饰。他们索要钱财，作为接待美国特派团的费用。特派团没有答应，便被命令离开法国。然而，法国政府曾经试图跟格里单独进行谈判，因为他被认为代表了杰斐逊的党派。那时的消息传播得很缓慢，到亚当斯将这个运气不佳的特派团使命未完成的消息告知国会时，已是1798年4月了。同年6月，亚当斯总统向国会提交报告，称他“绝不会再派使团前往法国，除非法国保证将使团当作一个伟大、自由、强大而独立之国家的代表来进行接待、尊重并尊敬”。

随即，国会里的气氛就发生了剧变。联邦党人把持了参众两院，并力推进行防御备战。政府开始组建一支新的陆军，名义上由华盛顿统率全军；但实际的军事指挥权，却交给了汉密尔顿，这是华盛顿以自己的合作为条件，迫使亚当斯总统接受的。组建海军的工作此时也正如火如荼地进行着，因为近期跟北非数个海盗国家发生了摩擦，所以这一工作早就开始了。许多新建船舰都做出了相当大的贡献。然而，在国内政策方面，联邦党人却犯下了严重的错误。

208. Alien and Sedition Acts, 1798.—These acts were the outcome of an exaggerated fear of the Republicans on the part of the Federalists; even Washington, who was now a strict party man, whatever he may have been in his earlier years, proposed to prevent Republicans from joining the army of which he was the head. The first law against aliens was the Naturalization Act（June 18，1798）, raising the period of residence preliminary to naturalization from five to fourteen years. The second law（June 25，1798）, which is usually cited as the Alien Act, authorized the President to order any aliens “he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States” ; or he might, at his discretion, grant an alien a “license to... remain within the United States for such time as he shall judge proper, and at such place as he may designate, ” under such bonds as he may think fit, and he might revoke the license at any time. An alien returning could be “imprisoned so long as, in the opinion of the President, the public safety may require.” The third law directed against aliens, which is generally cited as the Second Alien Mrs.John Adams Act, authorized the President in time of war “to arrest, restrain, secure, and remove as alien enemies all natives or subjects of such hostile nation or government as are not actually naturalized.” The Sedition Act（July 14，1798）made it a crime punishable “by a fine not exceeding five thousand dollars and by imprisonment during a term of not less than six months nor exceeding five years” for any persons to “unlawfully combine” with intent to oppose any measure of the government or to impede the operation of any law, or to intimidate any government official. Furthermore, any person who should write, print, utter, or publish anything, or cause anything to be so written or uttered, with intent to defame the government of the United States, or to excite unlawful combinations, should be punished by a fine not exceeding two thousand dollars and by imprisonment not exceeding two years. The Alien Act was to be in force for two years and the Sedition Act until March 3，1801, the end of Adams's term. These Alien and Sedition Acts were modeled on similar laws which had recently been passed in England, and, with the Naturalization Act, were aimed principally against the Republican politicians and newspaper writers, many of whom were foreigners. These laws were opposed in the House of Representatives by the Republicans, ably led by Albert Gallatin, an immigrant from Switzerland; but their opposition was unavailing. Adams seems to have taken slight interest in the matter; he never acted under the alien acts, but they cannot be said to have been entirely inoperative, as two or three “shiploads” of aliens left the country rather than incur the risk of remaining. The Sedition Act was put into force several times, notably against Callender, a Republican newspaper editor. Every prosecution under the act was given the greatest publicity by the Republicans and lost hundreds, if not thousands, of votes to the Federalists. Jefferson also adopted the old revolutionary expedient of legislative resolves, in order to bring the harsh measures of the Federalists prominently before the people.

208.1798年的《移民条例》和《扰乱治安条例》。——这些法案，都是联邦党人言过其实地害怕共和党人的产物；即便如今已是一个彻头彻尾的党派人士的华盛顿，不管其早年间是什么样的人，也提议不让共和党人加入他所统率的陆军。第一部针对移民的法律，是1798年6月18日通过的《归化法案》，它将加入美国国籍前的定居年限，从5年提高到了14年。第二部法律制定于1798年6月25日，通常被称作《移民条例》，它授权总统，可以命令“他认为危及了合众国之和平与安全，或者有恰当理由怀疑其牵涉到了叛国或反对合众国政府之阴谋”的任何移民“离开合众国之领土”；总统也可以在自己认为合适的约束条件之下，随意给移民授予“在合众国内居留的……许可证，居留时间只要总统认为恰当即可，居留地点由总统指定”，并可以随时废除这种许可证。被驱离的移民如若返回，可以“关押起来，关押时间由总统根据确保公共安全所需来确定”。第三部针对移民的法律，通常被称作《第二移民条例》，它授予总统在战时“将并非真正中立的敌对国或敌对政府之所有国民，当作外敌进行逮捕、限制、拘禁及驱逐”的权力。1798年7月14日制定的《扰乱治安条例》则规定，任何人“非法参与”反对政府政策、阻挠执法或胁迫政府官员的行为都是犯罪，可处以“不超过5000美元的罚金，及不低于6个月且不高于5年的监禁”。此外，任何书写、印刷、宣扬或发表旨在诽谤合众国政府、旨在煽动非法同谋之言论的人，或者导致此种言论得以书写或宣扬的人，都应处以不超过2000美元的罚金及不高于两年之监禁。《移民条例》的有效期为两年，而《扰乱治安条例》的有效期，则到了1801年3月3日，即亚当斯任期届满的时候。《移民条例》和《扰乱治安条例》，都是仿照英国近期通过的类似法案制定的；并且，连同《归化法案》，它们主要都是针对共和党内的政治人物及新闻工作者的，这些人当中，许多都是外国人。这些法案，在众议院里都遇到了以瑞士移民阿尔伯特·加勒廷为首的共和党人的反对；不过，他们的反对是徒劳无用的。亚当斯似乎对这个问题毫无兴趣；他从未按照《移民条例》行事，不过，也不能说这些法案都完全无效，因为也有两三“船”外国人不愿留下来招惹是非而离开了美国。《扰乱治安条例》则实施了好几次，尤为著名的一次，是针对共和党的报纸编辑卡伦登的。根据此条例进行的每一桩诉讼，共和党人都进行了大肆宣扬，并将很多的支持票，就算没有成千上万，也是成百上千，输给了联邦党人。杰斐逊还采用了原来革命时期立法表决的权宜之计，来将联邦党人所制定的严厉措施提交给人民讨论。

209.Virginia and Kentucky Resolutions, 1798, 1799.—The Kentucky Resolutions, which were the first to be adopted, were introduced into the legislature of that state by Mr.Breckinridge; their real author, however, was Jefferson. His original draft contained the logical conclusions from the premises of the argument which went beyond what the Kentucky legislators were ready to place on record in 1798. In 1799, however, they had reached the necessary pitch of indignation to adopt the whole of Jefferson's argument. There are other differences between Jefferson's draft and the resolutions as voted either in 1798 or 1799. It will be convenient to consider the two sets as one, and to note one or two of the changes from the original writing. The Resolutions of 1798 open with the statement “that the several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a constitution... they[1]constituted a general government for special purposes, delegated to that government certain definite powers... ; and that wheresoever the general government assumes undelegated powers, its acts are unauthoritative, void, and are of no force:[2]That to this compact each state acceded as a state, and is an integral party, its co-states forming as to itself, the other party... [3]that as in all other cases of compact among parties having no common judge, each party has a right to judge for itself, as well of infractions as of the mode and measure of redress.” The Resolutions then proceed to state that the acts enumerated in the preceding section and an act to punish frauds committed on the Bank of the United States, which was passed in June, 1798, are altogether void and of no force, as they were contrary to the Constitution and the amendments.

Jefferson's original draft had contained the further statement “that every state has a natural right in a case not within the compact（casus non foederis）to nullify of their own authority all assumptions of power by others within their limits.” This statement was omitted from the Resolutions of 1798; it appears in those of 1799 in an even stronger form: “That the several states who formed that instrument [the Constitution] being sovereign and independent, have the unquestionable right to judge of the infraction[of that instrument]; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.”

The Virginia Resolutions were drawn by Madison and were much milder in tone. They termed the Constitution, however, “a compact, ” and called upon the other states to join with Virginia in declaring the Alien and Sedition Acts unconstitutional. These Resolutions and the Kentucky Resolutions of 1798 were communicated to the other states. They evoked strong condemnation from the legislatures of the Northern states and received no support from those of the Southern states. It is difficult to say what remedy Jefferson and Madison desired to see adopted; probably nothing more than a new constitutional convention; certainly they had no desire to see the Union dissolved, and in all probability wished to do nothing more than to place the compact theory of the Constitution before the people in a clear and unmistakable manner. In this they succeeded, and the Resolutions undoubtedly did much to turn the current of public opinion against the authors of the Alien and Sedition Acts.

A letter which Hamilton wrote to Mr. Dayton, the Federalist Speaker of the House of Representatives, contains an enunciation of the extreme Federalist view, and may be regarded, in some measure, as an answer to the Kentucky and Virginia Resolutions. Its author advocated the cutting up of the states into small.divisions, for the purpose of increasing the number and power of the federal courts. He also suggested the adoption of an amendment tothe Constitution, giving Congress the power to divide the larger states into two or more states. He further advised the retention of the army on its present footing, even if peace should be made with France. At this moment, Adams reopened negotiations with France, and by concluding a treaty with that country, put an abrupt ending to the dreams of Hamilton and his friends and widened the breach in the Federalist party beyond possibility of repair.

209.1798、1799年的《弗吉尼亚决议案》和《肯塔基州决议案》。——首先制定的《肯塔基州决议案》，是由该州的布雷金里奇向州议会提交的；不过，其真正作者却是杰斐逊。他在原稿中，论述了胜过肯塔基州立法者准备在1798年公开发表的那种论点的前提所导致的种种符合逻辑的结论。然而，1799年他们变得极为义愤填膺，便采纳了杰斐逊的全部意见。杰斐逊的原稿同1798年或1799年表决的决议案之间，还有其他的不同之处。最好将这两个决议案看成是一个，并且注意到它们对原稿所做的一两处改动。1798年的决议案是这样开头的：“组成美利坚合众国的各州，并不是按照无限服从其最高政府的原则联合起来的；而是按照政体类型和资格通过条约联合起来的……它们（1）基于特定的目的，而组建起了一个最高政府，并授予该政府某些明确的权力……无论最高政府在哪里行使未经授予的权力，其行为都是非权威性的、无效的并因而是没有强制力的；（2）每一个州都是以州的身份加入本条约的，因此每个州都是条约完整的一方，而其他联合加入之州则形成了条约的另一方……（3）由于多方条约的其他所有情形中都没有标准的裁决机制，因此本条约的各方都拥有自行裁决违法行为、自行决定修改方式和措施的权力。”这份决议案进一步指出，前一节中所列举的法案，以及1798年6月通过的惩治欺诈合众国银行行为的法案都是无效而没有强制力的，因为这些法案都违反了《宪法》及其修正案。

杰斐逊的原稿中，还进一步表明：“每一个州，在本条约未限定的情形（‘未涉事项’）下，都拥有通过其他各州采取适当措施来废除本州当局所有职权的正常权力。”1798年的决议案中，略去了这句话；但在1799年的决议案中，这句话的表达却变得更加强硬了：“制定本法律（《宪法》）的所有各州都是自主而独立的，因此都拥有均可质疑之权利，来裁决违犯（本法律）的行为；而这些独立自主之州，以本法律的名义而废除所有未经授权之法案，则是一种合法的纠正行为。”

《弗吉尼亚决议案》则是由麦迪逊起草的，因而在语气上要温和得多。然而，这些决议案把《宪法》称作“条约”，并且号召其他各州同弗吉尼亚一起，宣布《移民条例》和《扰乱治安条例》违宪。这些决议案和1798年的《肯塔基州决议案》都被送达到了其他各州。它们引起了北方各州议会的强烈谴责，并且也没有获得南方各州议会的支持。很难说清杰斐逊和麦迪逊希望采取什么样的纠正措施；他们很可能只是希望召开一次新的制宪会议罢了；当然，他们并不希望看到联邦解体，并且十有八九，他们都只是想把《宪法》的契约原理，用一种清楚而无误的方式呈现在人民群众面前，除此之外，别无他愿。在这一点上，他们做到了；这些决议案，无疑极大地将当时的舆论焦点，转到了针对《移民条例》和《扰乱治安条例》的制定者们身上。

汉密尔顿在写给众议院联邦党议长代顿先生的一封信中，阐述了极端联邦主义的观点，并且从某种程度上来说，这封信可以看作对《肯塔基州决议案》和《弗吉尼亚决议案》的回应。在信中，汉密尔顿主张将各州分割成许多小地区，目的是增加联邦法院的数量，提高联邦法院的权力。他还提出制定一项《宪法》修正案，授予国会将较大的州分成两个或更多小州的权力。此外，他还建议按照现有状况保留陆军，即便是与法国缔结了和约也应保留。就在此时，亚当斯重新开始跟法国谈判，并与法国缔结了一个条约，从而硬生生地破灭了汉密尔顿及其支持者们的梦想，还加剧了联邦党内部的分裂，使得这种裂痕再也无法弥合了。

210.Treaty with France, 1800.—The publication of the X, Y, Z correspondence caused great excitement among the governing circles in France. Talleyrand, who had been at the bottom of the intrigue, saw that he had gone too far, and tried to draw back; he caused an intimation to be conveyed to Vans Murray, American minister to the Netherlands, that if the United States would send another envoy to France, he would be “received as the representative of a great, free, powerful, and independent nation.” Adams grasped eagerly at the opportunity to bring peace to his country.Without consulting his cabinet, he nominated Vans Murray as minister to France. The Federalist leaders in the Senate, amazed at this change of front, seemed determined to reject the nomination, when Adams substituted a commission consisting of Oliver Ellsworth, Jay's successor as Chief Justice, Patrick Henry, and Vans Murray; and these nominations were confirmed.Henry, now old and infirm, declined to serve, and William R.Davie of North Carolina, another Southern Federalist, was appointed in his stead. Adams also seized the first opportunity to dismiss the most treacherous of his advisers, and substituted John Marshall in place of Timothy Pickering as Secretary of State.

Napoleon Bonaparte, as First Consul, was now at the head of affairs in France. The commissioners were well received, and a French commission, at the head of which was Joseph Bonaparte, Napoleon's brother, was appointed to negotiate with them. In many respects, the treaty thus concluded was satisfactory to both parties; but Napoleon declined to pay for American property seized by the French government or by its agents during the recent troubles, or to consent to the formal abandonment of the treaty of 1778. These subjects were reserved for future negotiations. The United States Senate refused to ratify this part of the arrangement. Ultimately, it was agreed that the United States should give up its contention as to the payment of claims, and Napoleon consented to regard the treaty of 1778 as no longer binding. In this way, by the action of the Senate, the United States became bound, at least morally, to compensate its own citizens for French spoliations committed prior to 1800, whichwere thus bartered away for the final renunciation of the treaty of 1778 with its formidable guarantee of the French West India possessions. It is only within recent years, however, when legal proof has become almost impossible, that the American government has consented to pay these “French spoliation claims.”

210.1800年与法国缔结的条约。——关于“X、Y、Z事件”的往来信件一公开，便在法国政界引起了极大的骚动。主导这一计谋的托利兰德明白自己做得太过分了，便想停手不再这样干了；他促使法国政府暗示美国驻荷兰公使凡斯·墨里，倘若美国再派一位特使来法国，法国政府就会把这位特使“当成一个伟大、自由、强大而独立之国家的代表来接待”。亚当斯急切地抓住了这个能够给美国带来和平的机会。他没有咨询内阁，便提名凡斯·墨里为赴法公使。参议院里的联邦党领袖们，对这种政治态度的改变都感到很震惊，似乎都决定反对这一任命，但亚当斯此时又更换了一个特派团，提名由奥利弗·埃尔斯沃斯、继杰伊之后任首席大法官的帕特里克·亨利和凡斯·墨里3人组成；这次的提名，参议院批准了。亨利此时已经年老体衰，婉拒了这次任命，于是亚当斯便命另一位南方联邦党人、来自北卡罗来纳州的威廉·R.戴维，来代替亨利。亚当斯还抓住机会，第一时间解除了顾问中那些最靠不住的人，任命约翰·马歇尔为国务卿，取代了蒂莫西·皮克林。

此时，拿破仑·波拿巴已任法国第一执政官，成了法国政府首脑。美国特使受到了隆重的接待，并且法国政府还任命了一个以拿破仑的兄弟约瑟夫·波拿巴为首的代表团，来跟他们进行谈判。随后缔结的条约，从许多方面来看，令美法双方都很满意；不过，拿破仑既不愿对法国政府或执法官员在近期冲突中扣押的美国财产进行赔偿，也不同意正式废除1778年所签订的条约。这些问题，都留待日后谈判来解决。美国参议院拒绝批准条约中的这一部分条款。最后，美国政府同意不再要求法国赔偿所扣押的财产，而拿破仑则同意废止1778年条约。这样一来，根据参议院通过的一项动议，美国政府就必须——起码从道义上来说是这样——补偿本国公民因法国在1800年前的掠夺而遭受的损失；美国政府以此为代价，最终废止了强力保护法属西印度群岛财产的1778年条约。然而，直到近些年来，几乎不可能再找到合法证据之后，美国政府才同意支付这些“法国掠夺财产之赔款”。

211. The Election of 1800.—The presidential election of 1800 was fought with great vigor and acrimony.John Adams, by his honest and patriotic policy, had saved the country from a disastrous war, and had deeply offended the leaders of the Federalist party. He was still popular with the people, who recognized his fearless honesty and remembered his great services during the Revolution. He became the Federalist candidate for the presidency because there was no one else to nominate with any chance of success. Hamilton, instead ofaccepting his candidature with good grace and supporting the party candidate with all his strength and influence, embarked on a course of petty intrigue, similar to the intrigues of 1788 and 1796, which have been already described（pp.281，304）. Charles Cotesworth Pinckney of South Carolina was the Federalist candidate for second place. It was proposed that the South Carolina electors should vote for Pinckney and Jefferson, in the expectation that the votes thus withdrawn from Adams and given to Jefferson would relegate Adams to second place and bring in Pinckney as President. The latter honorably refused to be a party to such a transaction. Hamilton also sought to discredit Adams by writing a long dissertation to show his unfitness for the office of chief magistrate. This paper was based on information furnished by Oliver Wolcott, who had succeeded Hamilton as Secretary of the Treasury. The Republicans obtained a copy and gave it the widest publication. The Federalists were probably doomed to failure, as the heavy taxes made necessary by the preparations for war, and the odium which surrounded the prosecutions under the Sedition Act, had converted thousands to the Republican side. That party was now thoroughly organized by Jefferson and the other leaders, especially Aaron Burr, a disreputable politician, who had been nominated for the vice-presidency because he controlled the votes of New York. When the electoral ballots were counted, it was found that Jefferson and Burr had each received seventy-three votes; Adams, sixty-five; and Pinckney, sixty-four. As the Constitution then stood, the electors did not designate their preference for President, and in case of a tie the House of Representatives, voting by states, must elect one of the two highest, President.

It happened that the Federalists were in a majority in the House, both as ordinarily constituted and when voting by states. Enraged at their defeat, and embittered beyond all measure with Jefferson, they determined to thwart the will of the people and elect Burr; for there was no question as to which candidate the Republicans desired to have President. This was against the advice of Hamilton, who distrusted and hated Burr even more than he did Jefferson. Thirty-six ballots were necessary before the Federalists could bring themselves to acquiesce in Jefferson's election, and even then they refused to vote for him, and permitted him to be chosen only by absenting themselves. The Federalists lost immeasurably by this political maneuver. Once in power, the Republicans proposed an amendment to the Constitution revising the method of choosing the President and Vice-President（p.341）.

211.1800年大选。——1800年的总统大选，竞争异常激烈而尖锐。约翰·亚当斯凭借其诚实的品格和爱国策略，虽然使美国避免了一场灾难性的战争，但也让联邦党诸领导人深为不满。他仍然广受人民群众的欢迎，因为人民群众看到了他那种大无畏的正直品格，还记得他在美国革命中所做出的伟大贡献。由于没有其他可能成功竞选的人士可以提名，所以他还是成了联邦党的总统候选人。汉密尔顿没有大度地承认亚当斯的总统候选人资格，没有竭尽所能地去支持该党的候选人，而是施展了一场卑鄙的阴谋，就跟他在1788年和1796年施展的阴谋一样；这两次阴谋，在前文都已经叙述过了。南卡罗来纳州的查尔斯·科特斯沃斯·平克尼是联邦党的第二总统候选人。有人提议，南卡罗来纳州的选举人团成员应当投平克尼和杰斐逊的票，他们希望，这样的话，亚当斯少得的票数及投给杰斐逊的票数可能就会让亚当斯的得票数退居第二，而使平克尼当选为总统。可平克尼却很令人尊重，拒绝参与这样一种交易。汉密尔顿还写了一篇说明亚当斯并不适于担任最高行政官一职的长文，以此来败坏亚当斯的声誉。这篇文章所依据的材料，都是继汉密尔顿后任财政部部长的奥利弗·沃尔科特提供的。共和党人得到了一份复印件，便将其广为散发。很有可能，联邦党注定会竞选失利，原因是：为了备战，必须征收重税，而根据《扰乱治安条例》而提起的诉讼，引起了极大的公愤；这些都使得成千上万的民众转而支持共和党这一方了。此时，共和党完全由杰斐逊及其他领导人所掌控；其他领导人中特别要提到亚伦·伯尔这个声名狼藉的政客，他被提名为副总统候选人，完全是因为他把持了纽约州的选票。计算选票之后，杰斐逊和伯尔各获得了73票；亚当斯获得了65票；而平克尼则获得了64票。根据当时已经生效的《宪法》的规定，选举人团成员们并未指定他们想要的人来当总统，而一旦出现竞选平局，那么各州都有投票权的众议院则必须从得票最高的两名候选人中，选举出一位来担任总统。

碰巧，无论是从一般的议员组成上来看，还是从各州的投票权来看，众议院里大多数议员都是联邦党人。由于对竞选失利非常恼火，并且极为怨恨杰斐逊，他们决定不顾民众的意愿，选举伯尔；因为共和党人想让谁来当总统，这一点是毫无疑问的。这与汉密尔顿的建议相左，因为他既信不过、也不喜欢伯尔，程度甚至超过了他对杰斐逊的厌憎。只需有36票，联邦党人就能默许杰斐逊当选，但即便是在那种情况下，他们也不愿投票支持他，让他只能在联邦党人缺席的情况下才能当选。这种政治策略使得联邦党人损失惨重。掌权之后，共和党人马上就提出了一个《宪法》修正案，修改了总统和副总统的选举办法。

212. The Judiciary Act, 1800.—Defeated in the election, the Federalists “retreated into the Judiciary as a strong hold.” The Judiciary, as it was established at the time or the organization of the government, was more than sufficient for the transaction of all the business that was likely to come before it for many years. Nevertheless, the Federalists, after the results of the election were known, pushed through Congress an act greatly enlarging it and providing many new and valuable places to be filled by the President of the defeated party. The Constitution forbids a member of Congress to accept an office which has been created, or the emoluments of which have been increased, during his term as a member of that body. This requirement was now evaded by promoting many district judges to the new positions, and filling the vacancies thus created by the appointment of members of Congress. One of Adams's judicial appointments deserves a fuller mention. Oliver Ellsworth, Jay's successor in the chief-justiceship, resigned, and John Marshall was nominated in his stead. He was at the moment acting as Secretary of State and for a few days performed the duties of both offices, —a combination of executive and judicial functions not contemplated by the Constitution. He proved to be the ablest legal luminary America has yet produced. For thirty-five years he remained at the head of the Supreme Court, continuing in that branch of the government the broad constructive theories of constitutional interpretation maintained by the Federalists.

Adams also filled up every vacant office in the government, and Marshall was still busy countersigning commissions when the hour of twelve struck on the night of March 3，1801, and the Federalist supremacy came to an end. At dawn the next morning Adams set out for his home in Quincy, Massachusetts, without waiting to greet his unwelcome successor.

212.1800年的《司法条例》。——大选失利之后，联邦党人“回到了司法系统这一大本营”。司法系统设立于美国政府成立之时，多年来，它审理起所有可能提交其裁决的事情来，都游刃有余。不过，在得知大选结果之后，联邦党人推动国会通过了一项法案，极大地扩充了司法系统，并且给失败一方的议长提供了许多可以任免的新的重要职位。《宪法》规定，国会议员在任职期间，禁止兼任新职，也不能加薪。如今，通过提升许多地区法官任新职并填补因任命国会议员而出现的空缺职位，这一规定得以规避了。亚当斯的一次司法任命，值得我们更详细地来说一说。继杰伊后任首席大法官的奥利弗·埃尔斯沃斯退休后，约翰·马歇尔被提名来取代他。当时，约翰·马歇尔正任国务卿一职，因此，有一阵子他身兼两职——既行使行政职权，又行使着司法职权；这种情况，在《宪法》中可没有想到过。后来表明，他可是美国历史上最有才干的法学大师。他担任了35年的最高法院院长，在这个政府部门中，他坚持了联邦党人对宪法解释的诸多广义而有建设性的理念。

亚当斯也任命人员填补了政府中的每一处空缺职位，而马歇尔直到1801年3月3日晚12点的钟声敲响、联邦党人下台之时，还在忙着签署任命书。第二天清晨，亚当斯没等跟那个他并不欢迎的继任总统打招呼，就动身回麻省昆西市的家中去了。