美国制宪会议,这场人类史上最伟大的会议,持续了整整127天。如今,我们只能从一些会议记录和相关文献中一窥当时的情形。这份会议演讲摘自尹宣《美国制宪会议记录》,是美国著名政治家富兰克林在费城制宪会议的结尾演讲。
演讲中文翻译:
先生,我承认,这部宪法中的若干部分,我现在还不能同意,但我没有把握说,我将来永不同意这些部分。活了这么大的年纪,我已经历过许多场合,由于获得更佳信息,或经过更周密的思考,责任心驱使我改变原来的观点,哪怕是在重大问题上,原来以为自己正确,后来恰恰相反。因此,年纪越大,越倾向于怀疑自己的判断,更尊重别人的判断。的确,大多数的人,也和宗教里的大多数教派一样,以为他们自己拥有全部真理,凡是别人的观点与他们不同,就认定是谬误。新教徒斯蒂尔在一篇献词中告诉教皇。“我们两家教会”都对自己的教义确信不疑,彼此之间的唯一区别,是表述的方式不同:“罗马天主教一贯正确,英格兰国教从未错过。”虽然许多平民都认为自己一贯正确,自信程度之高,就和他们所属的教派一样,但是,很少有人表达得像一位法国太太那么自然,他与妹妹发生争执时说,“我也不明白这是怎么回事,妹妹,可是我从来没有遇到一个永远正确的人,除了我自己。”
先生,从这种感觉出发,我同意这部宪法,连同它所有的瑕疵,如果它们确是瑕疵;因为,我认定我们需要一个总体政府,而现在还没有政府的形式,可是人民如能得到良好治理,或许是他们的福音。我进而相信,这一次可能治理得好若干年,不过最后还是会以专制收场,和以前的一些共和形式结局一样,人们一旦过于腐化,就需要专制政府,没有能力建成其他形式。我也怀疑,不论再开多少制宪会议,未必就能制定一部更好的宪法。因为,等你再召集一批人来,发挥他们的联合智慧,不可避免,也会把他们的偏见、他们的激情、他们的错误观念、他们的地方利益、他们的私人之见,连人一起召集拢来。从这样的会议里,能指望产生完美无缺的结果吗?先生,令我感到惊诧的是,现在制定的这套制度,如此接近完美;我认为,这部宪法也会使我们的敌人感到惊诧,他们正满怀自信的等着,以为我们开会,也会和巴比伦人建造通天塔一样,每次总是劳而无功;以为我们各邦正处在分崩离析的边缘,此后每次见面开会,只不过是为了掐断彼此的喉咙。先生,为此,我同意这部宪法,因为我不指望还能更好,因为我也没有把握说,现在这部宪法就不是最好的。为了公益,我牺牲我认为宪法中还有谬误的私人之见。
我从未在外面窃窃私语。在此四壁之内,我的话语诞生,也在这里消失。如果我们每个回到选民那里去的人,都向他们报告自己对宪法的反对意见,力图获得一帮一派的支持,我们或许要避免大家采取这种做法,免得我们的崇高努力前功尽弃,我们真实或表面的全体一致,自然会在世界各国和我们自己人中间产生出高尚效果和巨大益处。任何政府。为了获得和保障人民的幸福,大部分的力量和效能,取决于印象,取决于民众对政府的良好印象,取决于对治理者的智慧和人格完整的良好印象。为此,我希望,作为人民的组成部分,为了我们自己,为了子孙后代,我们采取全心全意、全体一致的行动,尽我们能力所及,推荐这部宪法(如果得到邦联议会的认可和各邦制宪会议的批准),把我们未来的思想和努力,转向治国安邦。
先生,总的来说,我禁不住想要表达一种愿望:制宪会议中每位对宪法或许还有异议的代表和我一起,就此机会,略微怀疑一下自己的一贯正确,宣布我们取得一致,在此文件上签上他的名字。
英文原文:
Adoption of the Constitution of the U.S.
Constitutional Convention, Monday, September 17, 1787.
MR. PRESIDENT,
I confess, that there are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgement of others. Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said, "I don't know how it happens, Sister but I meet with no body but myself, that's always in the right -- Il n'y a que moi qui a toujours raison."
In these sentiments, Sir, I agree to this Constitution, with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution, because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavour to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favour among foreign Nations, as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our Influence may extend, and turn our future thoughts & endeavours to the means of having it well administered.
On the whole, Sir, I cannot help expressing a wish, that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this Instrument.