Free Speech in Wartime（战时的言论自由）

Mr. President, I rise to a question of personal privilege. 主席先生，我要提出一个涉及个人特权的问题。

I have no intention of taking the time of the Senate with a review of the events which led to our entrance into the war except in so far as they bear upon the question of personal privilege to which I am addressing myself. 我无意占用参议院的时间来回顾导致我们参战的事件，只是因为它与我正在讨论的个人特权问题有关。

Six Members of the Senate and 50 Members of the House voted against the declaration of war. Immediately there was let loose upon those Senators and Representatives a flood of invective and abuse from newspapers and individuals who had been clamoring for war, unequaled, I believe, in the history of civilized society. 六位参议员和五十位众议员投票反对宣战。紧接着，那些叫嚣战争的报纸和个人便对这些参议员和众议员进行了猛烈的抨击和辱骂，我相信这在文明社会的历史上是无与伦比的。

Prior to the declaration of war every man who had ventured to oppose our entrance into it had been condemned as a coward or worse, and even the President had by no means been immune from these attacks. 在宣战之前，每一个敢于反对我们参战的人都被谴责为懦夫或更糟的人，就连总统也未能幸免这些攻击。

Since the declaration of war the triumphant war press has pursued those Senators and Representations who voted against war with malicious falsehood and recklessly libelous attacks, going to the extreme limit of charging them with treason against their country. 宣战之后，得意洋洋的战争媒体继续以恶意的虚假和诽谤性攻击对待那些投票反对战争的参议员和众议员，甚至指控他们叛国。

This campaign of libel and character assassination directed against the Members of Congress who opposed our entrance into the war has been continued down to the present hour, and I have upon my desk newspaper clippings, some of them libels upon me alone, some directed as well against other Senators who voted in opposition to the declaration of war. 这场针对反对我们参战的国会议员的诽谤和人格暗杀运动一直持续到现在。我桌上有一些报纸剪报，有些是专门针对我的诽谤，有些则同时针对其他投票反对宣战的参议员。

One of these newspaper reports most widely circulated represents a Federal judge in the State of Texas as saying, in a charge to a grand jury -- I read the article as it appeared in the newspaper and the headline with which it is introduced: 其中一份流传最广的报纸报道称，得克萨斯州的一名联邦法官在向大陪审团起诉时说——我读到了这篇文章及其标题：

DISTRICT JUDGE WOULD LIKE TO TAKE SHOT AT TRAITORS IN CONGRESS. [By Associated Press leased wire.] Houston, Texas., October 1, 1917 "地区法官想对国会中的叛国者开枪" [美联社电讯] 得克萨斯州休斯顿，1917年10月1日

Judge Waller T. Burns, of the United States district court, in charging a Federal grand jury at the beginning of the October term today, after calling by name Senators STONE of Missouri, HARDWICK of Georgia, VARDAMAN of Mississippi, GRONNA of North Dakota, GORE of Oklahoma, and LAFOLLETTE of Wisconsin, said: 美国地区法院的沃勒·T·伯恩斯法官今天在十月任期开始时向联邦大陪审团起诉，在点名了密苏里州的斯通参议员、佐治亚州的哈德威克参议员、密西西比州的瓦达曼参议员、北达科他州的格罗纳参议员、俄克拉荷马州的戈尔参议员和威斯康星州的拉福莱特参议员之后说：

If I had a wish, I would wish that you men had jurisdiction to return bills of indictment against these men. They ought to be tried promptly and fairly, and I believe this court could administer the law fairly; but I have a conviction, as strong as life, that this country should stand them up against an adobe wall tomorrow and give them what they deserve. If any man deserves death, it is a traitor. I wish that I could pay for the ammunition. I would like to attend the execution, and if I were in the firing squad I would not want to be the marksman who had the blank shell. "如果我有一个愿望，那就是希望你们这些人有权对这些人提起公诉。他们应该得到迅速而公正的审判，我相信本法院能够公正地执行法律；但我坚信，这个国家应该明天就把他们绑在土坯墙上，让他们得到应得的下场。如果有人该死，那就是叛国者。我希望我能为弹药付费。

The above clipping, Mr. President, was sent to me by another Federal judge, who wrote upon the margin of the clipping that it occurred to him that the conduct of this judge might very properly be the subject of investigation. He enclosed with the clipping a letter, from which I quote the following: 我想参加处决，如果我在行刑队中，我不会想成为那个射空包的射手。"

I have been greatly depressed by the brutal and unjust attacks that great business interests have organized against you. It is a time when all the spirits of evil are turned loose. The Kaisers of high finance, who have been developing hatred of you for a generation because you have fought against them and for the common good, see this opportunity to turn the war patriotism into an engine of attack. 主席先生，上述剪报是另一位联邦法官寄给我的，他在剪报边缘写道，他认为这位法官的行为很可能应当成为调查的对象。他随剪报附上了一封信，我摘录如下：

They are using it everywhere, and it is a day when lovers of democracy, not only in the world, but here in the United States, need to go apart on the mountain and spend the night in fasting and prayer. I still have faith that the forces of good on this earth will be found to be greater than the forces of evil, but we all need resolution. I hope you will have the grace to keep your center of gravity on the inside of you and to keep a spirit that is unclouded by hatred. "大商业利益集团组织的对你的残酷和不公正的攻击让我深感沮丧。现在是所有邪恶魔鬼都被释放的时代。那些高高在上的金融巨头们，因为你为了共同利益与他们斗争，一代以来一直对你怀恨在心，现在他们看到了把战争爱国主义变成攻击引擎的机会。他们到处都在利用这个。

It is a time for the words, "with malice toward none and charity for all." It is the office of great service to be a shield to the good man's character against malice. Before this fight is over you will have a new revelation that such a shield is yours. 在这个时代，不仅是世界上的民主爱好者，还有美国的民主爱好者，都需要到山上去度过一夜的禁食和祈祷。我仍然相信，这个世上的善良力量将大于邪恶力量，但我们都需要坚定的决心。我希望你有恩典，能保持内心的重心，保持不被仇恨蒙蔽的精神。这是一个需要'对任何人不怀恶意，对所有人怀有慈善'的时代。

If this newspaper clipping were a single or exceptional instance of lawless defamation, I should not trouble the Senate with a reference to it. But Mr. President, it is not. 伟大的服务职责是保护好人的品格免受恶意。在这场斗争结束之前，你将有一个新的启示，证明这样的保护是你的。"

In this mass of newspaper clippings which I have here upon my desk, and which I shall not trouble the Senate to read unless it is desired, and which represent but a small part of the accumulation clipped from the daily press of the country in the last three months, I find other Senators, as well as myself, accused of the highest crimes of which any man can be guilty -- treason and disloyalty -- and, sir, accused not only with no evidence to support the accusation, but without the suggestion that such evidence anywhere exists. 如果这篇报纸剪报是一个孤立的或罕见的非法诽谤案例，我就不会麻烦参议院提及它。但是主席先生，事实并非如此。

It is not claimed that Senators who opposed the declaration of war have since that time acted with any concerted purpose either regarding war measured or any others. They have voted according to their individual opinions, have often been opposed to each other on bills which have come before the Senate since the declaration of war, and, according to my recollection, have never all voted together since that time upon any single proposition upon which the Senate has been divided. 在我桌上的这批报纸剪报中——我不会麻烦参议院去阅读它们，除非需要，它们只是过去三个月从全国日报上剪下的积累中的一小部分——我发现其他参议员和我自己被指控犯有任何人可能犯的最高罪行——叛国和不忠——而且，先生，不仅没有支持指控的证据，甚至没有暗示任何地方存在这样的证据。

I am aware, Mr. President that in pursuance of this general campaign of vilification and attempted intimidation, requests from various individuals and certain organizations have been submitted to the Senate for my expulsion from this body, and that such requests have been referred to and considered by one of the committees of the Senate. 没有人声称那些反对宣战的参议员自那以后在任何战争措施或其他方面采取了任何协调一致的行动。他们按照各自的意见投票，经常在宣战后来到参议院的法案上彼此反对，而且据我回忆，自那以后，他们从未在参议院分裂的任何一个问题上全部投过相同的票。

If I alone had been made the victim of these attacks, I should not take one moment of the Senate's time for their consideration, and I believe that other Senators who have been unjustly and unfairly assailed, as I have been, hold the same attitude upon this that I do. Neither the clamor of the mob nor the voice of power will ever turn me by the breadth of a hair from the course I mark out for myself, guided by such knowledge as I can obtain and controlled and directed by a solemn conviction of right and duty. 主席先生，我知道，在这场普遍的诽谤和恫吓运动之后，一些个人和某些组织向参议院提交了要求将我从本届机构中驱逐的请求，这些请求已被参议院的一个委员会转交和审议。

But, sir, it is not alone Members of Congress that the war party in this country has sought to intimidate. The mandate seems to have gone forth to the sovereign people of this country that they must be silent while those things are being done by their Government which most vitally concern their well-being, their happiness, and their lives. Today and for weeks past honest and law-abiding citizens of this country are being terrorized and outraged in their rights by those sworn to uphold the laws and protect the rights of the people. 如果只有我一个人成为这些攻击的受害者，我就不会花参议院的哪怕一刻时间来考虑它们，我相信其他像我一样受到不公正和不公平攻击的参议员也持有同样的态度。无论是暴民的喧嚣还是权力的声音，都永远不会使我偏离我为自己设定的道路，这条路由我能获得的知识所引导，由我对权利和义务的庄严信念所控制和指导。

I have in my possession numerous affidavits establishing the fact that people are being unlawfully arrested, thrown into jail, held incommunicado for days, only to be eventually discharged without ever having been taken into court, because they have committed no crime. Private residences are being invaded, loyal citizens of undoubted integrity and probity arrested, cross-examined, and the most sacred constitutional rights guaranteed to every American citizen are being violated. 但是，先生，这个国家的主战派试图恐吓的不仅仅是国会议员。似乎已经向这个国家的主权人民发出了命令，要求他们在政府做出最关乎他们福祉、幸福和生命的事情时保持沉默。今天和过去几周来，这个国家诚实守法的公民正在被那些宣誓维护法律和保护人民权利的人所恐吓和侵犯。

It appears to be the purpose of those conducting this campaign to throw the country into a state of terror, to coerce public opinion, to stifle criticism, and suppress discussion of the great issues involved in this war. 我掌握着许多宣誓书，证明人们被非法逮捕、投入监狱、被单独关押数天，最终却在从未被带上法庭的情况下被释放，因为他们没有犯任何罪行。私人住宅被入侵，正直无瑕的忠诚公民被逮捕、盘问，每个美国公民享有的最神圣的宪法权利正在被侵犯。

I think all men recognize that in time of war the citizen must surrender some rights for the common good which he is entitled to enjoy in time of peace. But sir, the right to control their own Government according to constitutional forms is not one of the rights that the citizens of this country are called upon to surrender in time of war. 看来，那些开展这场运动的目的是将国家推入恐怖状态，强迫公众舆论，扼杀批评，压制关于这场战争所涉及的重大问题的讨论。

Rather in time of war the citizen must be more alert to the preservation of his right to control his Government. He must be most watchful of the encroachment of the military upon the civil power. He must beware of those precedents in support of arbitrary action by administrative officials, which excused on the plea of necessity in war time, become the fixed rule when the necessity has passed and normal conditions have been restored. 我认为所有人都认识到，在战争时期，公民必须为了共同利益放弃一些他们在和平时期有权享受的权利。但是先生，公民根据宪法形式控制自己政府的权利，并不是这个国家的公民在战争时期被要求放弃的权利之一。

More than all, the citizen and his representative in Congress in time of war must maintain his right of free speech. More than in times of peace it is necessary that the channels for free public discussion of governmental policies shall be open and unclogged. 相反，在战争时期，公民必须更加警惕地维护他控制自己政府的权利。他必须最密切地关注军事对民事权力的侵犯。他必须警惕那些支持行政官员任意行动的先例，这些先例以战争时期的必要性为借口，在必要性过去和正常条件恢复后成为固定的规则。

I believe, Mr. President, that I am now touching upon the most important question in this country today -- and that is the right of the citizens of this country and their representatives in Congress to discuss in an orderly way frankly and publicly and without fear, from the platform and through the press, every important phase of this war; its causes, the manner in which it should be conducted, and the terms upon which peace should be made. 更重要的是，公民和他在国会的代表在战争时期必须维护他的言论自由权利。比和平时期更需要的是，政府政策的自由公开讨论渠道应该保持畅通无阻。

The belief which is becoming wide spread in this land that this most fundamental right is being denied to the citizens of this country is a fact the tremendous significance of which, those in authority have not yet begun to appreciate. 主席先生，我相信，我现在触及的是当今这个国家最重要的问题——那就是这个国家的公民及其在国会的代表有序、坦率、公开、无畏地从讲台上和通过媒体讨论这场战争的每一个重要阶段的权利；包括战争的原因、进行战争的方式以及应该达成和平的条件。

I am contending, Mr. President, for the great fundamental right of the sovereign people of this country to make their voice heard and have that voice heeded upon the great questions arising out of this war, including not only how the war shall be prosecuted but the conditions upon which it may be terminated with a due regard for the rights and the honor of this Nation and the interests of humanity. 这个国家正在日益广泛地相信，这项最基本的权利正在被剥夺给这个国家的公民，这一事实的巨大意义，当权者尚未开始意识到。

I am contending for this right because the exercise of it is necessary to the welfare, to the existence, of this Government to the successful conduct of this war, and to a peace which shall be enduring and for the best interest of this country. 主席先生，我正在为这个国家主权人民的伟大基本权利而奋斗，让他们的声音被听到并被重视，在这场战争引发的重大问题上，不仅包括如何进行战争，还包括可以在适当照顾国家权利和荣誉及人类利益的前提下终止战争的条件。

Suppose success attends the attempt to stifle all discussion of the issues of this war, all discussion of the terms upon which it should be concluded, all discussion of the objects and purposes to be accomplished by it, and concede the demand of the war-mad press and war extremists that they monopolize the right of public utterance upon these questions unchallenged, what think you would be the consequences to this country not only during the war but after the war? 我正在为这项权利而奋斗，因为行使这项权利对这场政府的福祉和存在、对这场战争的成功进行、以及对持久和平和这个国家的最佳利益都是必要的。

RIGHT OF PEOPLE TO DISCUSS WAR ISSUES. 假设扼杀所有关于这场战争问题的讨论、所有关于应该结束战争的条件的讨论、所有关于战争要实现的目标和目的的讨论的企图成功了，并承认战争狂的媒体和战争极端分子的要求，让他们垄断这些问题上的公开言论权而不受挑战，那么你们认为在战争期间和战争之后，这个国家会有什么后果？

Mr. President, our Government, above all others, is founded on the right of the people freely to discuss all matters pertaining to their Government, in war not less than in peace, for in this Government the people are the rulers in war no less than in peace. It is true, sir, that Members of the House of Representatives are elected for two years, the President for four years, and the Members of the Senate for six years, and during their temporary official terms these officers constitute what is called the Government. 人民讨论战争问题的权利。

But back of them always is the controlling sovereign power of the people, and when the people can make their will known, the faithful officer will obey that will. Though the right of the people to express their will by ballot is suspended during the term of office of the elected official, nevertheless the duty of the official to obey the popular will continues throughout this entire term of office. How can that popular will express itself between elections except by meetings, by speeches, by publications, by petitions, and by addresses to the representatives of the people? 主席先生，我们的政府，比其他任何政府都更建立在人民自由讨论所有与他们政府有关的事务的权利之上，在战争时期不少于和平时期，因为在这个政府中，人民在战争时期与和平时期一样都是统治者。确实，先生，众议院议员任期两年，总统一届四年，参议员任期六年，在他们临时任职期间，这些官员构成了所谓的政府。

Any man who seeks to set a limit upon those rights, whether in war or peace, aims a blow at the most vital part of our Government. And then as the time for election approaches and the official is called to account for his stewardship -- not a day, not a week, not a month, before the election, but a year or more before it, if the people choose -- they must have the right to the freest possible discussion of every question upon which their representative has acted, of the merits of every measure he has supported or opposed, of every vote he has cast and every speech that he has made. 但在他们背后始终是人民的主权控制权，当人民能让自己的意愿被知晓时，忠诚的官员就会遵从那个意愿。虽然人民通过投票表达意愿的权利在当选官员任期内被暂停，但官员遵从人民意愿的责任在整个任期内持续存在。在两次选举之间，人民如何表达自己的意愿？

And before this great fundamental right every other must, if necessary, give way, for in no other manner can representative government be preserved. 除了通过会议、演讲、出版物、请愿书以及向人民代表的呼吁之外，还有什么方式呢？任何试图对这些权利加以限制的人，无论是在战争还是和平时期，都是在对我们政府最至关重要的部分进行打击。

Mr. President, what I am saying has been exemplified in the lives and public discussion of the ablest statesman of this country, whose memories we most revere and whose deeds, we most justly commemorate. I shall presently ask the attention of the Senate to the views of some of these men upon the subject we are now considering. 然后，当选举时间临近，官员需要为他的管理负责时——不是选举前一天、一周或一个月，而是一年或更长时间之前，如果人民选择的话——他们必须有权对他们的代表所采取的每一个行动进行尽可能自由的讨论，对他支持或反对的每一项措施的优点，对他投的每一张票和发表的每一次演讲进行讨论。

Closely related to this subject of the right of the citizen to discuss war is that of the constitutional power and duty of the Congress to declare the purposes and objects of any war in which our country may be engaged. The authorities which I shall cite cover both the right of the people to discuss the war in all its phases and the right and the duty of the people's representatives in Congress to declare the purposes and objects of the war. For the sake of brevity, I shall present these quotations together at this point instead of submitting them separately. 在这个伟大的基本权利面前，所有其他权利都必须在必要时让位，因为没有其他方式能维护代议制政府。

DISCUSSION BY AMERICAN STATESMEN. 主席先生，我所说的话已经在这个国家最杰出的政治家的生平和公开讨论中得到了例证，我们最崇敬他们的记忆，最公正地纪念他们的事迹。我将很快请参议院注意其中一些人对我们正在讨论的这个问题的看法。

Henry Clay, in a memorable address at Lexington, Kentucky., on the 13th day of November, 1847, during the Mexican War, took a strong position in behalf of the right of the people to freely discuss every question relating to the war, even though the discussion involved a strong condemnation of the war policy of the Executive. He also declared it to be not only the right but the duty of the Congress to declare the objects of the war. As a part of that address he presented certain resolutions embodying his views on these subjects. 与公民讨论战争的权利密切相关的是国会宣布任何我们国家可能参与的战争的目的和对象的宪法权力和职责。我将引用的权威涵盖了人民讨论战争各个阶段的权利，以及人民在国会的代表宣布战争目的和对象的权利和职责。为了简洁，我将在这一点上一起提出这些引文，而不是分别提交。

These resolutions were adopted at that meeting by the people present, and were adopted at many other mass meetings throughout the country during the continuance of the Mexican War. 美国政治家的论述。

For introducing in this body some time ago a resolution asserting the right of Congress to declare the purposes of the present war, I have, as the newspaper clippings here will show, been denounced as a traitor and my conduct characterized as treasonable. 亨利·克莱在1847年11月13日墨西哥战争期间在肯塔基州列克星敦的一次著名演讲中，坚决维护了人民自由讨论与战争有关的每一个问题的权利，即使这种讨论涉及对行政部门战争政策的强烈谴责。他还宣布，国会不仅有权而且有责任宣布战争的对象。作为该演讲的一部分，他提出了某些决议，体现了他在这些问题上的观点。

As bearing directly upon the conduct for which I have been so criticized and condemned, I invite your attention to the language of Henry Clay in the address I have mentioned. He said: 这些决议在那次会议上被与会者通过，并在墨西哥战争期间在全国许多其他群众集会上被采纳。

But the havoc of war is in progress and the no less deplorable havoc of an inhospitable and pestilential climate. Without indulging in an unnecessary retrospect and useless reproaches on the past, all hearts and heads should unite in the patriotic endeavor to bring it to a satisfactory close. Is there no way that this can be done? Must we blindly continue the conflict without any visible object or any prospect of a definite termination? This is the important subject upon which I desire to consult and to commune with you. 因为我在本届机构中不久前提出了一项断言国会有权宣布当前战争目的的决议，我就像报纸剪报所显示的那样，被谴责为国家的叛徒，我的行为被定性为叛国。

Who in this free Government is to decide upon the objects of a war at its commencement of at any time during its existence? Does the power belong to collective wisdom of the Nation in congress assembled, or is it vested solely in a single functionary of the Government? 作为对我因此受到的批评和谴责的直接回应，我请你们注意亨利·克莱在上述演讲中的语言。他说：

A declaration of war is the highest and most awful exercise of sovereignty. The convention which framed our Federal constitution had learned from the pages of history that it had been often and greatly abused. "但是，战争的浩劫正在进行，同样令人痛惜的还有恶劣和瘟疫般的气候造成的浩劫。在不沉溺于不必要的回顾和对过去的无用责备的情况下，所有的心和头脑都应该在爱国的努力中团结起来，使战争达到令人满意的结局。有没有办法做到这一点？我们是否必须盲目地继续这场冲突，没有任何可见的目标或任何明确结束的前景？

It had seen that war had often been commenced upon the most trifling pretexts; that it had been frequently waged to establish or exclude a dynasty; to snatch a crown from the head of one potentate and place it upon the head of another; that it had often been prosecuted to promote alien and other interests than those of the nation whose chief had proclaimed it, as in the case of English wars for Hanoverian interests; and, in short, that such a vast and tremendous power ought not to be confined to the perilous exercise of one single man. 这是我想与你们商议和交流的重要问题。在这个自由的政府中，谁来决定战争开始时或进行中的任何时候的对象？这个权力属于国会中的国家集体智慧，还是仅属于政府的单一官员？

The convention therefore resolved to guard the war-making power against those great abuses, of which, in the hands of a monarch, it was so susceptible. And the security against those abuses which its wisdom devised was to vest the war-making power in the congress of the united States, being the immediate representatives of the people and the States. So apprehensive and jealous was the convention of its abuse in any State in the Union without the consent of Congress. Congress, then in our system of government, is the sole depository of that tremendous power. 宣战是主权的最高和最可怕的行使。制定我们联邦宪法的制宪会议从历史中了解到，它经常被滥用。

Mr. President, it is impossible for me to quote as extensively from this address as I should like to do and still keep within the compass of the time that I have set down for myself; but the whole of the address is accessible to every Senator here, together with all of the discussion which followed it over the country, and in these times it would seem to me worthy of the review of Senators and of newspaper editors and of those who have duties to discharge in connection with this great crisis that is upon the world. 它看到战争经常以最微不足道的借口开始；经常被用来建立或排除一个王朝；用来从一个当权者头上夺取皇冠并放到另一个人头上；经常被用来促进外国和其他利益，而不是宣布战争的国家的利益，就像英国为汉诺威利益进行的战争一样；简而言之，这样一种巨大而可怕的权力不应该被限制在一个人的危险行使中。

I quote further: 因此，制宪会议决心防止战争权力被滥用，因为在君主手中，它是如此容易被滥用。它的智慧所设计的防止这些滥用的安全措施，是将战争权力赋予美国国会，即人民和各州的直接代表。制宪会议非常担心和嫉妒在未经国会同意的情况下在联邦任何州滥用这一权力。因此，在我们的政府体制中，国会是那项巨大权力的唯一保管人。"

The Constitution provides that Congress shall have power to declare war and grant letters of marque and reprisal, to make rules concerning captures on land and water, to raise and support armies, and provide and maintain a navy, and to make rules for the government of the land and naval forces. Thus we perceive that the principal power, in regard to war, with all its auxiliary attendants, is granted to Congress. Whenever called upon to determine upon the solemn question of peace or war, Congress must consider and deliberate and decide upon the motives, objects, and causes of the war. 主席先生，我不可能像我想的那样广泛地引用这次演讲，同时又保持在我为自己设定的时间范围内；但整个演讲对这里的每一位参议员都是可以获得的，连同它在全国范围内引起的所有讨论，在我看来，在这个世界正面临的伟大危机中，它值得参议员、报纸编辑和所有有责任的人去审视。

If that be true is it treason for a Senator upon this floor to offer a resolution dealing with that question? 我进一步引用：

I quote further from Mr. Clay: "宪法规定，国会有权宣战和颁发私掠许可证及报复令，制定关于陆上和海上捕获物的规则，招募和支持军队，提供和维持海军，并为陆海军的管理制定规则。因此，我们看到，关于战争的主要权力，连同其所有辅助职权，都授予了国会。每当被要求决定和平或战争的庄严问题时，国会必须考虑、审议并决定战争的动机、对象和原因。"

And, if a war be commenced without any previous declaration of its objects, as in the case of the existing war with Mexico, Congress must necessarily possess the authority, at any time, to declare for what purposes it shall be further prosecuted. 如果这是真的，那么在这个地板上的参议员提出一个涉及那个问题的决议就是叛国吗？

If we suppose Congress does not possess the controlling authority attributed to it, if it be contended that a war having been once commenced, the President of the United States may direct it to the accomplishment of any object he pleases, without consulting and without any regard to the will of Congress, the convention will have utterly failed in guarding the Nation against the abuses and ambition of a single individual. 我进一步引用克莱先生的话：

Either Congress or the President possess if and may prosecute it for objects against the will of Congress, where is the difference between our free Government and that of any other nation which may be governed by an absolute Czar, Emperor, or King? "而且，如果一场战争在没有事先宣布其对象的情况下开始了，就像现有的墨西哥战争一样，国会必然有权在任何时候宣布它应该为了什么目的而继续进行。

In closing his address Mr. Clay said: 如果我们假设国会没有被赋予所归因于它的控制权，如果有人认为一旦战争开始，美国总统可以在没有咨询和不顾国会意愿的情况下，将战争导向他所希望实现的任何对象，那么制宪会议就完全未能保护国家免受个人的滥用和野心。

I conclude, therefore, Mr. President and fellow citizens, with entire confidence, that congress has the right, either at the beginning or during the prosecution of any war, to decide the objects and purposes for which it was proclaimed or for which it ought to be continued. And I think it is the duty of congress, by some deliberate and authentic act to declare for what objects the present war shall be longer prosecuted. 如果国会或总统拥有权力并可以违反国会意愿为某些对象进行战争，那么我们的自由政府与任何其他可能由绝对沙皇、皇帝或国王统治的国家有什么区别？"

I suppose the President would not hesitate to regulate his conduct by the pronounced will of congress and to employ the force and the diplomatic power of the Nation to execute that will. But is the President should decline or refuse to do so and, in contempt of the supreme authority of congress, should persevere, in waging the war for other objects than those proclaimed by Congress, then it would be the imperative duty of that body to vindicate its authority by the most stringent and effectual and appropriate measures. 在结束他的演讲时，克莱先生说：

And it, on the contrary, the enemy should refuse to conclude a treaty containing stipulations securing the objects designated by Congress, it would become the duty of the whole Government to prosecute the war with all the national energy until those objects were attained by a treaty of peace. There can be no insuperable difficulty in Congress making such an authoritative declaration. Let it resolve, simply, that the war shall or shall not be a war of conquest; and, if a war of conquest, what is to be conquered. "因此，主席先生和同胞们，我完全有信心，国会有权在任何战争开始时或进行中决定其宣布的或应该继续进行的对象和目的。而且我认为，国会有责任通过某些深思熟虑和正式的法案来宣布当前战争应该继续进行的对象。我想总统会毫不犹豫地根据国会明确的意愿来调整他的行为，并使用国家的武力和外交权力来执行那个意愿。

should a resolution pass disclaiming the design of conquest, peace would follow in less than 60 days, if the President would conform to his constitutional duty. 但如果总统应该拒绝或拒绝这样做，并且无视国会的最高权威，坚持为国会宣布的对象以外的目的进行战争，那么该机构就有责任通过最严厉、最有效和最适当的措施来维护其权威。反之，如果敌人拒绝缔结包含确保国会指定的对象的规定的条约，那么整个政府就有责任以所有国家能量进行战争，直到这些对象通过和平条约获得。

Mr. Clay as a part of that speech presented certain resolutions which were unanimously adopted by the meeting and which declared that the power to determine the purposes of the war rested with Congress, and then proceeded clearly to state the purposes, and the only purposes, for which the war should be prosecuted. 国会作出这样的权威声明没有不可克服的困难。让它简单地决议，战争是否应该是征服战争；如果是征服战争，要征服什么。如果通过一项决议放弃征服的意图，如果总统履行其宪法职责，和平将在不到60天内到来。"

The last one of these resolutions is so pertinent to the present discussion that I invite your attention to it at this time. It is as follows: 克莱先生作为该演讲的一部分，提出了某些决议，这些决议被会议一致通过，宣布决定战争目的的权力属于国会，然后清楚地陈述了应该进行战争的目的，以及唯一的目的。

Resolved, That we invite our fellow citizens of the United States who are anxious for the restoration of the blessings of peace, or, it the existing war shall continue to be prosecuted, are desirous that its purposes and objects shall be defined and know, who are anxious to avert present and future perils and dangers, with which it may be fraught, and who are also anxious to produce contentment and satisfaction at home, and to elevate the national character abroad, to assemble together in their respective communities, and to express their views, feelings, and opinions. 这些决议中的最后一项与当前讨论非常相关，我请你们注意。内容如下：

Abraham Lincoln was a Member of congress at the time of the Mexican War. He strongly opposed the war while it was in progress and severely criticized President Polk on the floor of the House because he did not state in his message when peace might be expected. In the course of his speech Lincoln said: "决议：我们邀请那些渴望恢复和平祝福的美国同胞，或者如果现有战争将继续进行，渴望其目的和对象得到定义和知晓的人，那些渴望避免其可能带来的当前和未来危险的人，以及那些也渴望在国内产生满足感和满意度并在国外提升国家品格的人，在他们各自的社区中集会，表达他们的观点、感受和意见。"

At its beginning, Gen. Scott was by this same President driven into disfavor, if not disgrace, for intimating that peace could not be conquered in less than three or four months. But now, at the end of 20 months * * * this same President gives a long message, without showing us that as to the end he himself has even an imaginary conception. As I have said, he knows not where he is. He is a bewildered, confounded, and miserably perplexed man. God grant he may be able to show there is not something about his conscience more painful than his mental perplexity. 亚伯拉罕·林肯在墨西哥战争期间是国会议员。他强烈反对那场战争，并在众议院严厉批评了波尔克总统，因为他在咨文中没有说明何时可以期待和平。在演讲中林肯说：

Writing to a friend who had objected to his opposition to Polk in relation to this power of the President in war, Lincoln said: "战争开始时，斯科特将军被同一位总统弄得不受欢迎，如果不是耻辱的话，因为他暗示和平不可能在三四个月内被征服。但现在，在20个月结束时……这位同一位总统发表了一篇冗长的咨文，没有向我们展示他自己对最终结果甚至有一个想象的概念。正如我所说，他不知道自己在哪里。他是一个困惑的、狼狈的、痛苦的、困惑的人。

The provision of the constitution giving the war-making power to Congress was dictated, as I understand it, by the following reasons: Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the constitution that no man should hold the power of bringing this oppression upon us. But your view destroys the whole matter and places our President where kings have always stood. 上帝保佑他能证明他的良心上没有比他的精神困惑更痛苦的东西。"

I now quote from the speech of Charles Sumner, delivered at Tremont Temple, Boston, November 5, 1846. John A. Andrew, who was the great war governor of Massachusetts, as I remember, presided at this public meeting, which was in support of the independent nomination of Dr. I.G. Howe as Representative in Congress. Mr. Sumner was followed by Hon. Charles Francis Adams, who also delivered an address at this meeting. This is the view of Mr. Sumner on the Mexican War, which was then in progress, as expressed by him on this occasion: 在给一位曾反对他就总统在战争中的权力反对波尔克的朋友的信中，林肯说：

The Mexican War is an enormity born of slavery. * * * Base in object, atrocious in beginning, immoral in all its influences, vainly prodigal of treasure and life, it is a war of infamy, which must blot the pages of our history. "宪法赋予国会战争权力的规定，据我理解，是出于以下原因制定的：国王们总是让他们的人民卷入战争，通常声称（如果不是总是）人民的利益是目标。我们的制宪会议认为这是所有国王压迫中最压迫性的，他们决心如此制定宪法，不让任何人拥有将这种压迫降临到我们身上的权力。

In closing his eloquent and powerful address, he said: 但你的观点破坏了整个问题，把我们的总统放在了国王们一直以来的位置上。"

Even if we seem to fail in this election we shall not fail in reality. The influence of this effort will help to awaken and organize that powerful public opinion by which this war will at last be arrested. Hand out, fellow citizens, the white banner of peace; let the citizens of Boston rally about it; and may it be borne forward by and enlightened, conscientious people, aroused to condemnation of this murderous war, until Mexico, now wet with blood unjustly shed, shall repose undisturbed beneath its folds. 我现在引用1846年11月5日在波士顿特里蒙特教堂发表的查尔斯·萨姆纳的演讲。我记得，马萨诸塞州的伟大战争州长约翰·A·安德鲁主持了这次公众会议，这次会议是支持I.G.豪博士作为国会众议员的独立提名的。萨姆纳先生之后是尊敬的查尔斯·弗朗西斯·亚当斯，他也在这次会议上发表了演讲。

Contrast this position taken by Charles Sumner at Tremont Temple with that of the Secretary of the Treasury, Mr. McAdoo. He is now touring the country with all the prestige of his great financial mission and the authority of his great financial mission and the authority of his high place in the administration. I quote the language of the authorized report of his speech before the Bankers' Association of West Virginia, September 21, 1917. According to daily press reports he is making substantially the same denunciation in all his addresses: 这是萨姆纳先生对当时正在进行的墨西哥战争的看法，他在这个场合表达了出来：

America intends that those well-meaning but misguided people who talk inopportunity of peace when there can be no peace until the cancer which has rotted civilization in Europe is extinguished and destroyed forever shall be silenced. I want to say here and now and with due deliberation that every pacifist speech in this country made at this inopportune and improper time is in effect traitorous. "墨西哥战争是奴隶制孕育出来的一桩滔天罪恶。……动机卑鄙，开端残暴，在所有影响上都是不道德的，对财富和生命肆意挥霍，它是一场臭名昭著的战争，必须从我们的历史页面上抹去。"

In these times we had better turn the marble bust of Charles Sumner to the wall. It ill becomes those who tamely surrender the right of free speech to look upon that strong, noble, patriotic face. 在结束他雄辩而有力的演讲时，他说：

Mr. President, Daniel Webster, then in the zenith of his power, and with the experience and knowledge of his long life and great public service in many capacities, to add weight to his words, spoke at Faneuil Hall, November 6, 1846, in opposition to the Mexican War. He said: "即使我们在这次选举中似乎失败了，我们实际上也不会失败。这一努力的影响将帮助唤起和组织强大的公众舆论，这场战争最终将被这种舆论所阻止。

Mr. Chairman, I wish to speak with all soberness in this respect, and I would say nothing here tonight which I would not say in my place in Congress or before the whole world. The question now is, For what purposes and to what ends is this present war to be prosecuted! 同胞们，举起和平的白旗；让波士顿的市民围绕它集结；愿它由开明、有良知的人民高举向前，被唤起对这场杀戮战争的谴责，直到现在被不公正地 shed 的鲜血浸透的墨西哥在其旗帜下安宁地安息。"

What will you say to the stature of the statesmanship that imputes treason to his country to a Member of this body who introduces a resolution having no other import than that? 将查尔斯·萨姆纳在特里蒙特教堂的立场与财政部长麦卡杜先生的立场对比。他现在正凭借他伟大的金融使命的威望和他在政府中的崇高地位在全国巡回。我引用他1917年9月21日在西弗吉尼亚州银行家协会前发表的演讲的授权报告中的语言。据每日新闻报道，他在所有演讲中都在发表实质上相同的谴责：

Webster saw no reason why the purposes of the war in which his country was engaged should not be discussed in Congress or out of congress by the people's representatives or by the people themselves. "美国打算让那些善意但被误导的人沉默，他们在不可能有和平的时候——在欧洲文明腐烂的癌症被根除和永远摧毁之前——不合时宜地谈论和平。我现在要郑重地说，在这个不合时宜和不恰当的时刻，这个国家的每一个和平主义者演讲实际上都是叛国的。"

After referring to Mexico as a weak and distracted country he proceeded: 在这些时代，我们最好把查尔斯·萨姆纳的大理石半身像转向墙壁。那些温顺地放弃言论自由权利的人，不配看那张坚强、高贵、爱国的面孔。

It is time for us to know what are the objects and designs of our Government. It is not the habit of the American people, nor natural to their character, to consider the expense of a war which they deem just and necessary...Not only just, but necessary...but it is their habit and belongs to their character to inquire into the justice and necessity of a war in which it is proposed to involve them. 主席先生，丹尼尔·韦伯斯特在他权力的顶峰，凭借他漫长一生的经验和知识以及在许多岗位上的伟大公共服务来增加他话语的分量，于1846年11月6日在法尼尔厅发表演讲，反对墨西哥战争。他说：

Mr. Webster discussed the Mexican War at Springfield, Mass., September 29, 1847, and again, while the war was in progress, he did not hesitate to express his disapproval in plain language. "主席先生，我希望在这方面以全部的清醒态度说话，我今晚在这里说的话，我不会在国会的席位上或在全世界面前说。现在的问题是，这场战争将要为了什么目的和什么目标而进行！"

Many battles had been fought and won, and our victorious armies were in the field, on foreign soil. "你们对这位将叛国罪归咎于自己国家的政治家的品格有什么要说的呢？对一个提出决议、其意义不过如此的本机构成员？"

Sir, free speech had not been suppressed. The right of the people to assemble and to state their grievances was still an attribute of American freedom. Mr. Webster said: "We are, in my opinion, in a most unnecessary and therefore a most unjustifiable war." 韦伯斯特看不出有什么理由说明他的国家正在进行的战争的目的不应该在国会内外被人民的代表或人民自己讨论。

Whoever expects to whip men, free men, in this country into a position where they are to be denied the right to exercise the same freedom of speech and discussion that Webster exercised in that speech little understand the value which the average citizen of this country places upon the liberty guaranteed to him by the Constitution. 在将墨西哥称为一个弱小而分裂的国家之后，他继续说：

Sir, until the sacrifices of every battle field consecrated to the establishment of representative government and of constitutional freedom shall be obliterated from the pages of history and forgotten of men, the plain citizenship of this country will jealously guard that liberty and that freedom and will not surrender it. "现在是我们了解我们政府的目标和设计的时候了。美国人民的习惯和性格不是考虑他们认为公正和必要的战争的费用……不仅是公正的，而且是必要的……但他们的习惯和性格是探究他们被提议卷入的战争的正义性和必要性。"

To return to my text. Mr. Webster said: 韦伯斯特先生于1847年9月29日在马萨诸塞州斯普林菲尔德讨论了墨西哥战争，并且在战争进行期间，他毫不犹豫地用明确的语言表达了他的反对意见。

We are in my opinion, in a most unnecessary and therefore a most unjustifiable war. I hope we are nearing the close of it. I attend carefully and anxiously to every rumor and every breeze that brings to us any report that the effusion of blood, caused, in my judgment, by a rash and unjustifiable proceeding on the part of the Government, may cease. 许多战役已经打响并取得胜利，我们胜利的军队已经在外国领土上。

He makes the charge that the war was begun under false pretexts, as follows: 先生，言论自由没有被压制。人民集会和陈述他们不满的权利仍然是美国自由的属性。韦伯斯特先生说："在我看来，我们正在进行一场最不必要的、因此也是最不正当的战争。"

Now, sir, the law of nations instructs us that there are wars of pretexts. The history of the world proves that there have been, and we are not now without proof that there are, wars waged on pretexts; that is, on pretenses, where the cause assigned is not the true cause. That I believe on my conscience is the true character of the war now waged against Mexico. 任何期望在这个国家用鞭打来让自由人陷入一种被剥夺行使韦伯斯特在那次演讲中行使的同样的言论和讨论自由的地位的人，几乎不了解这个国家普通公民对宪法保障给他的自由所赋予的价值。

IF believe it to be a war of pretexts; a war in which the true motive is not distinctly avowed, but in which pretenses, afterthoughts, evasions, and other method are employed to put a case before the community which is not the true case. 先生，直到为建立代议制政府和宪法自由而献身的每一个战场的牺牲从历史页面上被抹去并被人们遗忘，这个国家的普通公民将守护那种自由和那种自由权，并且不会放弃它。

Think you Mr. Webster was not within his constitutional rights in thus criticizing the character of the war, its origin and the reasons which were given from time to time in justification of it? 回到我的主题。韦伯斯特先生说：

Mr. Webster discusses at length what he considers some of the false pretexts of the war. Later on he says: "在我看来，我们正在进行一场最不必要的、因此也是最不正当的战争。我希望我们正在接近它的结束。我仔细而焦虑地关注着每一个谣言和每一缕微风，它们给我们带来了任何关于政府方面轻率和不正当的行为所造成的流血可能停止的报道。"

Sir, men there are whom we see and whom we hear speak of the duty of extending our free institutions over the whole world if possible. We owe it to benevolence, they think, to confer the blessings we enjoy on every other people. But while I trust that liberty and free civil institutions, as we have experienced them, may ultimately spread over the globe, I am by no means sure that all people are fit for them: nor am I desirous of imposing, or forcing, our peculiar forms upon any nation that does not wish to embrace them. 他指控战争是在虚假的借口下开始的，如下所述：

Taking up the subject that war does now exist, Mr. Webster asks: "现在，先生，国际法教导我们，存在着借口战争。世界历史证明，曾经存在过，而且我们现在也没有证据表明不存在，以借口进行的战争；也就是说，以伪称为借口，所给出的理由不是真正的理由。我凭良心相信，这就是现在对墨西哥进行的战争的真正特征。

What is our duty? I say for one, that I suppose it to be true -- I hope it to be true -- that a majority of the next House of Representatives will be Whigs; will be opposed to the war. I think we have heard from the East and the West, the North and the South, some things that make that pretty clear. Suppose it to be so. What then? 我相信这是一场借口战争；一场真正动机没有被坦率承认的战争，而是使用了借口、事后想法、推诿和其他方法来向公众呈现一个不是真正理由的理由。"

Well, sir, I say for one, and at once, that unless the President of the United States shall make out a case which shall show to congress that the aim and object for which the war is now prosecuted is no purpose not connected with the safety of the Union and the just rights of the American people, then Congress ought to pass resolutions against the prosecution of the war, and grant no further supplies. I would speak here with caution and all just limitation. It must be admitted to be the clear intent of the constitution that no foreign war would exist without the assent of Congress. 你们认为韦伯斯特先生在批评战争的特征、其起源和为其辩护而不时给出的理由时，难道不是在行使他的宪法权利吗？

This was meant as a restraint on the Executive power. But, if, when a war has once begun, the President may continue it as long as he pleases, free of all control of Congress, then it is clear that the war power is substantially in his own single hand. 韦伯斯特先生详细讨论了他认为是战争的一些虚假借口。后来他说：

Nothing will be done by a wise Congress hastily or rashly, nothing that partakes of the nature of violence or recklessness; a high and delicate regard must, of course, be had for the honor and credit of the Nation; but, after all, if the war should become odious to the people, if they shall disapprove the objects for which it appears to be prosecuted, then it will be the bounden duty of their Representatives in Congress to demand of the President a full statement of his objects and purposes. "先生，我们看到和听到有些人说，如果可能的话，有责任将我们的自由制度扩展到全世界。他们认为，我们有义务将我们享有的福祉赋予每一个其他民族。但虽然我相信自由和自由的公民制度，正如我们所经历的，可能最终会遍及全球，我并不确信所有民族都适合它们；我也不想把我们的特殊形式强加或强迫给任何不想接受的国家。"

And if these purposes shall appear to them not to be founded in the public good, or not consistent with the honor and character of the country, then it will be their duty to put an end to it by the exercise of their constitutional authority. 谈到现在存在战争的问题，韦伯斯特先生问：

If this be not so, then the whole balance of the Constitution is overthrown, and all just restraint on the Executive power, in a matter of the highest concern to the peace and happiness of the country is over thrown, and all just restraint on the Executive power, in a matter of the highest concern to the peace and happiness of the country, entirely destroyed. "我们的责任是什么？我说，我认为——我希望这是真的——下一届众议院的多数党将是辉格党；将反对战争。我想我们已经从东方和西方、北方和南方听到了一些事情，这使这一点相当清楚。假设是这样。那又怎样？

If we do not maintain this doctrine; if it is not so -- if Congress, in whom the war-making power is expressly made to reside, is to have no voice in the declaration or continuance or war; if it is not to judge of the propriety of beginning or carrying it on -- then we depart at once, and broadly, from the Constitution. 好，先生，我说，而且立刻说，除非美国总统能拿出一个案子，向国会表明现在进行战争所追求的目标与联邦的安全和美国人民的公正权利无关，那么国会应该通过反对进行战争的决议，并且不提供进一步的补给。我在这里要谨慎和适度地说。必须承认，宪法的明确意图是，没有国会的同意就不会有对外战争。这是对行政权力的限制。

Mr. Webster concluded his speech in these memorable words: 但是，如果一旦战争开始，总统可以随心所欲地继续战争，不受国会的任何控制，那么显然战争权力实际上完全在他自己手中。

We may be tossed upon an ocean where we can see no land -- nor, perhaps, the sun or stars. But there is a chart and a compass for us to study, to consult, and to obey. That chart is the Constitution of the country. That compass is an honest, single-eyed purpose to preserve the institutions and the liberty with which God has blessed us. 明智的国会不会仓促或轻率地做任何事情，不会做任何带有暴力或鲁莽性质的事情；当然，必须对国家的荣誉和信誉给予高度和微妙的尊重；但归根结底，如果战争对人民变得可憎，如果他们不赞成战争似乎追求的目标，那么他们在国会的代表就有责任要求总统对他的目标和目的作出充分说明。

In 1847 Senator Tom Corwin made a memorable speech in the Senate on the Mexican War. It was one of the ablest addresses made by that very able statesman, and one of the great contributions to the discussion of the subject we are now considering. At the time of Senator Corwin's address the majority in Congress were supporting the President, The people up to that time had had no chance to express their views at an election. 如果这些目的在他们看来不是基于公共利益，或者不符合国家的荣誉和品格，那么他们就有责任通过行使宪法权威来终止战争。如果不是这样，那么整个宪法平衡就被推翻了，对行政权力的一切正当限制，在涉及国家和平与幸福的最高关切的事务中，被完全摧毁。

After referring to the doctrine then preached by the dominant faction of the Senate, that after war is declared it must be prosecuted to the bitter end as the President may direct, until one side of the other is hopelessly beaten and devastated by the conflict, with one man -- the President -- in sole command of the destinies of the Nation, MR. Corwin said: 如果我们不维护这一原则；如果不是这样——如果宪法明确规定的战争权力所在的国会，在宣战或继续战争方面没有发言权；如果它不能判断开始或进行战争的适当性——那么我们就立即、广泛地偏离了宪法。"

With these doctrines for our guide, I will thank any Senator to furnish me with any means of escaping from the prosecution of this or any other war, for an hundred years to come, if it please the President who shall be, to continue it so long. 韦伯斯特先生用这些不朽的话结束了他的演讲：

Tell me, ye who contend that, being in war, duty demands of Congress for its prosecution all the money and every able-bodied man in America to carry it on if need be, who also contend that it is the right of the President, without the control of Congress, to march your embodied hosts to Monterey, to Yucatan, to Mexico, to Panama, to China, and that under penalty of death to the officer who disobeys him -- tell me, I demand it of you -- "我们可能被颠簸在一片看不见陆地的海洋上——也许，甚至看不到太阳或星星。但我们有一张图表和一个指南针可供我们学习、参考和遵守。那张图表就是国家的宪法。那个指南针就是一个诚实的、专一的目的，用来维护上帝赐予我们的制度和自由。"

tell me, tell the American people, tell the nations of Christendom, what is the difference between your democracy and the most odious, most hateful despotism, that a merciful God has ever allowed a nation to be afflicted with since government on earth began? 1847年，参议员汤姆·科温在参议院就墨西哥战争发表了一次著名的演讲。这是这位非常能干的政治家发表的最杰出的演讲之一，也是对我们现在正在讨论的主题的重大贡献。在科温参议员发表演讲时，国会的大多数人支持总统。人民当时还没有机会在选举中表达他们的观点。

You may call this free government, but it is such freedom, and no other, as of old was established at Babylon, at Susa, at Bactrina, or Persepolis. Its parallel is scarcely to be found when thus falsely understood, in any, even the worst, forms of civil polity in modern times. Sir, it is not so; such is not your Constitution; it is something else, something other and better than this. 在提到参议院占主导地位的派别当时鼓吹的教义之后，即宣战之后，战争必须按照总统的指导进行到底，直到一方被无望地击败和摧毁，由一个人——总统——独自控制国家的命运，科温先生说：

Lincoln, Webster, Clay, Sumner -- what a galaxy of names in American history! They all believed and asserted and advocated in the midst of war that it was the right -- the constitutional right -- and the patriotic duty of American citizens, after the declaration of war and while the war was in progress, to discuss the issued of the war and to criticize the policies employed in its prosecution and to work for the election of representatives opposed to prolonging war. "以这些教义为指导，我要感谢任何参议员给我提供一种手段，使我们能够在未来一百年内逃避这场或任何其他战争的进行，如果当时的总统愿意继续这么久的话。

The right of Lincoln, Webster, Clay, Sumner to oppose the Mexican War, criticize its conduct, advocate its conclusion on a just basis, is exactly the same right and privilege as that possessed by every Representative in Congress and by each and every American citizen in our land today in respect to the war in which we are now engaged. Their arguments as to the power of Congress to shape the war policy and their opposition to what they believed to be the usurpation of power on the part of the Executive are potent so long as the Constitution remains the law of the land. 告诉我，你们这些认为既然处于战争状态，国会的职责要求为其进行提供所有的金钱和美国的每一个身体健全的人（如有必要），同时也认为总统有权在没有国会控制的情况下，将你们的军队进军到蒙特雷、尤卡坦、墨西哥、巴拿马、中国，并根据对不服从他的军官处以死刑的惩罚——告诉我，我要求你们——告诉我，告诉美国人民，告诉基督教国家的人民，你们的民主与仁慈的上帝允许一个国家遭受的最可恶、最可恨的专制主义之间有什么区别。

English history, like our own, shows that it has ever been the right of the citizen to criticize and, when he thought necessary, to condemn the war policy of his Government. 你们可以称之为自由政府，但这就是那种自由，不过如此——就像古代在巴比伦、苏萨、巴克特里亚或波斯波利斯建立的那样。它的平行在现代任何甚至最坏的公民政治形式中都很难找到。先生，不是这样；这不是你们的宪法；这是别的东西，是更好的东西。"

DISCUSSION BY ENGLISH STATESMEN. 林肯、韦伯斯特、克莱、萨姆纳——美国历史上多么群星灿烂的名字！他们都在战争期间相信、断言并倡导，这是美国公民的权利——宪法权利——和爱国义务，在宣战之后和战争进行中讨论战争的问题，批评进行战争的政策，并为反对延长战争的代表的选举而努力。

John Bright consistently fought the Crimean War with all the power of his great personality and noble mind; he fought it inch by inch and step by step from the floor of the English Parliament. After his death Gladstone, although he had been a part of the ministry that Bright had opposed because of the Crimean War, selected this as the theme for his eulogy of the great statesman, as best portraying his high character and great service to the English people. 林肯、韦伯斯特、克莱、萨姆纳反对墨西哥战争、批评其进行、主张在公正基础上结束战争的权利，与今天国会中的每一位代表和我们土地上的每一个美国公民在我们正在进行的战争中拥有的权利和特权完全相同。

Lloyd-George aggressively opposed the Boer War. Speaking in the House of Commons July 25, 1900, in reply to the prime minister, he said: 他们关于国会塑造战争政策的权力的论点，以及他们对行政部门篡夺权力的反对，只要宪法仍然是国家的法律，就仍然是有力的。

He has led us into two blunders. The first was the war. But worse than the war is the change that has been effected in the purpose for which we are prosecuting the war. We went into the war for equal rights; we are prosecuting the war. We went into the war for equal rights; we are prosecuting it for annexation. * * * You entered into these two Republics for philanthropic purposes and remained to commit burglary. 英国历史像我们自己的历史一样表明，公民批评政府战争政策的权利一直存在，在他认为必要时，谴责政府的战争政策。

• • • A war of annexation, however, against a proud people must be a war of extermination, and that is, unfortunately, what it seems we are now committing ourselves to -- burning homesteads and turning men and women out of their homes. 英国政治家的论述。

I am citing this language, Mr. President, as showing the length to which statesmen have gone in opposing wars which have been conducted by their governments and the latitude that has been accorded them. 约翰·布莱特在克里米亚战争中用他伟大的人格和高尚心灵的全部力量始终如一地战斗；他从英国议会的地板上一寸一寸、一步一步地与之斗争。布莱特去世后，格莱斯顿虽然曾是布莱特因克里米亚战争而反对的内阁的一员，但选择了这作为他对这位伟大政治家的悼词主题，因为这最能描绘他的高尚品格和为英国人民的伟大服务。

The right honorable gentleman has made up his mind that this war shall produce electioneering capital to his own side. He is in a great hurry to go to the country before the facts are known. He wants to have the judgment of the people in the very height and excitement of the fever. He wants a verdict before the pleadings are closed and before 'discovery' has been obtained. He does not want the documents to come, but he wants to have the judgment of the country upon censured news, suppressed dispatches, and unpaid bills. 劳埃德-乔治激烈地反对布尔战争。1900年7月25日，他在众议院答复发表演讲时说：

In a speech delivered October 23, 1901. Lloyd-George charged that the English Army had burned villages, blown up farmhouses, swept away the cattle, burned thousands of tons of grain, destroyed all agricultural implements, all the mills, the irrigation works, and left the territory 'a blackened devastated wilderness." He said: "他把我们引入了两个错误。第一个是战争。但比战争更糟糕的是，我们进行战争的目的已经发生了变化。我们为平等的权利进入战争；我们为平等的权利进入战争；我们正在为吞并而进行战争。……你们以慈善目的进入这两个共和国，留下来实施盗窃。

In June the death rate among the children in the Orange River Colony camps was at the rate of 192 per thousand per annum, and in Transvaal 233 per thousand per annum. In July the figures were 220 and 336 per thousand per annum, respectively. In August they had risen to 250 and 468, and in September to 442 in Orange River Colony and to 457 in the Transvaal. These are truly appalling figures. It means that at that rate in two years' time there would not be a little child left in the whole of these two new territories. ……然而，对一个骄傲的民族进行的吞并战争，必然是一场灭绝战争，不幸的是，这似乎正是我们现在正在承诺自己要做的——烧毁农庄，把男人和女人赶出他们的家园。"

The worst of it is that I can not resist the conclusion that their lives could have been saved had it not been that these camps had been deliberately chosen for military purposes. In the few camps near the coast there is hardly any mortality at all -- 主席先生，我引用这段话，是为了展示政治家在反对政府进行的战争时所走的多远，以及他们被给予了多大的空间。

Observe that here is a criticism of the military policies of his Government -- "这位尊敬的绅士已经下定决心，这场战争将为他自己的政党产生选举资本。他急于在事实被知晓之前前往全国。他想在狂热和兴奋的高潮中获得人民的判断。他想在诉状结束和'发现'程序获得之前就得到裁决。他不想要文件到来，但他想让国家根据被审查的新闻、被压制的急件和未支付的账单来作出判断。"

and if the children had been removed from the Orange River Colony and the Transvaal to the seacoasts, where they could have been easily fed and clothed and cared for, their lives might be saved; but as long as they were kept up in the north there was a terrible inducement offered to the Boer commanders not to attack the lines of communication. 在1901年10月23日发表的一次演讲中，劳埃德-乔治指控英国军队烧毁了村庄，炸毁了农舍，扫荡了牛群，烧毁了数千吨粮食，摧毁了所有农具、所有磨坊、灌溉工程，并将该领土变成了"一片被烧焦的毁灭荒野"。他说：

• • • If I were to despair for the future of this country it would not be because of trade competition from either American or Germany, or the ineffectiveness of its army, or anything that might happen to its ships; but rather because it used its great, hulking strength to torture a little child. Had it not been that his ministry had shown distinct symptoms of softening of the brain. I would call the torpor and indifference they are showing in face of all this, criminal. It is a maddening horror, and it will haunt the Empire to its dying hour. "6月，奥兰治河殖民地营地的儿童死亡率为每年每千人192人，德兰士瓦为每千人233人。7月，数字分别为220和336。8月，它们上升到250和468，9月在奥兰治河殖民地为442，在德兰士瓦为457。这些确实是令人震惊的数字。这意味着按照这个速度，两年内这两个新领土上将不会留下一个小孩子。

What wonder is it that Europe should mock and hiss at us? Let any honest Britisher fearlessly search his heart and answer this question: Is there any ground for the reproach flung at us by the civilized world that, having failed to crush the men, we have now taken to killing babes? 最糟糕的是，我无法抗拒这样一个结论：如果不是这些营地被故意选择用于军事目的，他们的生命是可以被拯救的。在海岸附近的几个营地几乎没有任何死亡率——"

Mr. President, while we were struggling for our independence the Duke of Grafton, in the House of Lords, October 26, 1775, speaking against voting thanks to British officers and soldiers, after the battles of Lexington and Bunker Hill, declared: 请注意，这里是对他的政府军事政策的批评——

I pledge myself to your lordships and my country that if necessity should require it and my health otherwise permit it, I mean to come down to this House in a litter in order to express my full and hearty disapproval of the measures now pursued, and, as I understand from the noble lords in office, meant to be pursued. "如果孩子们被从奥兰治河殖民地和德兰士瓦转移到海岸，在那里他们可以很容易地得到食物、衣服和照顾，他们的生命可能被拯救；但只要他们被留在北方，就会给布尔指挥官提供一个不攻击通讯线的可怕诱因。

On the same occasion, Mr. Fox said: ……如果我对这个国家的未来感到绝望，那不是因为来自美国或德国的贸易竞争，或者其军队的无效性，或者可能发生在其船只上的任何事情；而是因为它用其巨大的、笨重的力量来折磨一个小孩子。如果不是他的政府表现出明显的大脑软化症状，我会称他们在面对所有这一切时表现出的麻木和冷漠是犯罪的。

I could not consent to the bloody consequences of so silly a contest, about so silly an object, conducted in the silliest manner than history or observation had ever furnished an instance of, and from which we are likely to derive poverty, misery, disgrace, defeat, and ruin. 这是一种令人发狂的恐怖，它将萦绕帝国直到它的垂死时刻。难怪欧洲要嘲笑和嘘我们？让任何诚实的英国人无畏地搜索他的内心并回答这个问题：文明世界对我们的指责——在未能粉碎男人之后，我们现在开始杀害婴儿——是否有任何根据？"

In the House of Commons, May 14, 1777, Mr. Burke is reported in the parliamentary debates against the war on the American Colonies, as saying he was, and ever would be, ready to support a just war, whether against subjects or alien enemies, but where justice or color of justice was wanting he would ever be the first to oppose it. 主席先生，当我们正在为独立而斗争时，1775年10月26日，格拉夫顿公爵在上议院发表讲话，反对在列克星敦和邦克山战役后向英国军官和士兵投票致谢，他宣布：

Lord Chatham, November 18, 1777, spoke as follows regarding the war between England and the American Colonies: "我向各位勋爵和我的祖国保证，如果必要性要求这样做，并且我的健康允许的话，我打算坐着担架来到这个议院，为了表达我对现在正在追求的措施的完全和衷心的不赞成，以及我从在职的高贵勋爵那里了解到的打算追求的措施。"

I would sell my shirt off my back to assist in proper measures, properly and wisely conducted, but I would not part with a single shilling to the present ministers. Their plans are founded in destruction and disgrace. It is, my lords, a ruinous and destructive war; it is full of danger; it teems with disgrace and must end in ruin * * *. If I were an American, as I am an Englishman, while a foreign troop was landed in my country I never would lay down my arms! Never! Never! Never! 在同一场合，福克斯先生说：

Mr. President, I have made these quotations from some of the leading statesmen of England to show that the principle of free speech was no new doctrine born of the Constitution of the United States. Our Constitution merely declared the principle. It did not create it. It is a heritage of English-speaking peoples, which has been won by incalculable sacrifice, and which they must preserve so long as they hope to live as free men. "我不能同意如此愚蠢的斗争的血腥后果，关于如此愚蠢的对象，以历史或观察所提供过的最愚蠢的方式进行，而且我们可能从中得到贫困、苦难、耻辱、失败和毁灭。"

I say without fear of contradiction that there has never been a time for more than a century and a half when the right of free speech and free press and the right of the people to peaceably assemble for public discussion have been so violated among English-speaking people as they are violated today throughout the United States. 1777年5月14日，伯克先生在议会辩论中关于对美洲殖民地的战争，据报道他说他曾经是，而且永远是，愿意支持一场正义的战争，无论是针对臣民还是针对外部敌人，但在缺乏正义或正义的色彩时，他将永远是第一个反对它的人。

Today, in the land we have been wont to call the free United States, governors, mayors, and policemen are preventing or breaking up peaceable meetings called to discuss the questions growing out of this war, and judges and courts, with some notable and worthy exceptions, are failing to protect the citizens in their rights. 1777年11月18日，查塔姆勋爵就英国与美洲殖民地之间的战争发表了以下讲话：

It is no answer to say that when the war is over the citizen may once more resume his rights and feel some security in his liberty and his person. As I have already tried to point out, now is precisely the time when the country needs the counsel of all its citizens. In time of war even more than in time of peace, whether citizens happen to agree with the ruling administration or not, these precious fundamental personal rights -- free speech, free press, and right of assemblage so explicitly and emphatically guaranteed by the Constitution should be maintained inviolable. "我愿意卖掉我背上的衬衫来协助适当的措施，适当和明智地进行，但我不会给现任部长们一个先令。他们的计划是建立在毁灭和耻辱之上的。

There is no rebellion in the land, no martial law, no courts are closed, no legal processes suspended, and there is no threat even of invasion. 这是，我的勋爵们，一场毁灭性的和破坏性的战争；它充满危险；它充满耻辱，必然以毁灭告终……如果我是一个美国人，就像我是一个英国人一样，当一支外国军队登陆在我的国家时，我永远不会放下我的武器！永远！永远！永远！"

But more than this, if every preparation for war can be made the excuse for destroying free speech and a free press and the right of the people to assemble together for peaceful discussion, then we may well despair of ever again finding ourselves for a long period in a state of peace. 主席先生，我已经从英国一些主要政治家那里引用了这些话，以表明言论自由的原则并不是一个诞生于美国宪法的新学说。我们的宪法仅仅宣布了这个原则。它没有创造它。它是说英语民族的遗产，是通过无数牺牲赢得的，他们必须保护它，只要他们希望作为自由人生活。

With the possessions we already have in remote parts of the world, with the obligations we seem almost certain to assume as a result of the present war, a war can be made any time overnight and the destruction of personal rights now occurring will be pointed to then as precedents for a still further invasion of the rights of the citizen. This is the road which all free governments have heretofore traveled to their destruction, and how far we have progressed along it is shown when we compare the standard of liberty of Lincoln, Clay, and Webster with the standard of the present day. 我毫不畏惧地说，在一个半世纪多的时间里，从来没有一个时期，言论自由、新闻自由和人民和平集会进行公开讨论的权利在说英语的民族中像今天在整个美国这样受到如此侵犯。

This leads me, Mr. President, to the next thought to which I desire to invite the attention of the Senate, and that is the power of Congress to declare the purpose and objects of the war, and the failure of Congress to exercise that power in the present crisis. 今天，在我们习惯称之为自由美国的土地上，州长、市长和警察正在阻止或驱散为讨论这场战争引发的问题而召开的和平会议，而法官和法院，除了一些值得注意和可敬的例外，未能保护公民的权利。

POWER OF CONGRESS TO DECLARE OBJECTS OF WAR. 说当战争结束时公民可以重新获得他的权利并在他的自由和人身方面感到某种安全，这不是答案。正如我已经试图指出的，现在正是国家需要其所有公民的建议的时候。

For the mere assertion of that right, in the form of a resolution to be considered and discussed -- which I introduced August 11, 1917 -- I have been denounced throughout this broad land as a traitor to my country. 在战争时期更甚于和平时期，无论公民是否同意执政当局，这些宝贵的基本个人权利——言论自由、新闻自由和集会权利，正如宪法明确和强调保证的——应该保持神圣不可侵犯。这片土地上没有叛乱，没有戒严法，没有法院关闭，没有法律程序暂停，甚至没有入侵的威胁。

Mr. President, we are in a war the awful consequences of which no man can foresee, which, in my judgment, could have been avoided if the Congress had exercised its constitutional power to influence and direct the foreign policy of this country. 但不仅如此，如果每一次为战争做准备都能成为摧毁言论自由、新闻自由和人民为和平讨论而集会的权利的借口，那么我们很可能会绝望地发现自己在很长一段时间内再次处于和平状态。

On the 8th day of February, 1915, I introduced in the Senate a resolution authorizing the President to invite the representatives of the neutral nations of the world to assemble and consider, among other things, whether it would not be possible to lay out lanes of travel upon the high seas and through proper negotiation with the belligerent powers have those lanes recognized as neutral territory, through which the commerce of neutral nations might pass. 由于我们已经在世界遥远地区拥有的财产，由于我们似乎几乎肯定会因当前战争而承担的义务，一场战争可以在任何时候一夜之间发动，现在发生的对个人权利的摧毁将在那时被作为进一步侵犯公民权利的先例。

This, together with other provisions, constituted a resolution, as I shall always regard it, of most vital and supreme importance in the world crisis, and one that should have been considered and acted upon by Congress. 这是所有自由政府迄今走向毁灭所走过的道路，当我们将林肯、克莱和韦伯斯特的自由标准与今天的标准相比时，我们就可以看到我们沿着这条路走了多远。

I believe, sir, that had some such action been taken the history of the world would not be written at this hour in the blood of more than one-half of the nations of the earth, with the remaining nations in danger of becoming involved. 这使我想到主席先生，我想请参议院注意的下一个想法，那就是国会宣布战争目的和对象的权力，以及国会在当前危机中未能行使这一权力。

I believe that had Congress exercised the power in this respect, which I contend it possesses, we could and probably would have avoided the present war. 国会宣布战争对象的权力。

Mr. President, I believe that if we are to extricate ourselves from this war and restore this country to an honorable and lasting peace, the Congress must exercise in full the war powers entrusted to it by the Constitution. I have already called your attention sufficiently, no doubt, to the opinions upon this subject expressed by some of the greatest lawyers and statesmen of the country, and I now venture to ask your attention to a little closer examination of the subject viewed in the light of distinctly legal authorities and principles. 仅仅为了主张那项权利，以一项有待审议和讨论的决议形式——我于1917年8月11日提出——我就在这片广袤的土地上被谴责为国家的叛徒。

CONSTITUTIONAL PROVISIONS INVOLVED. 主席先生，我们正处于一场没有人能预见其可怕后果的战争中，在我看来，如果国会行使了它影响和指导这个国家外交政策的宪法权力，这场战争本可以避免。

Section 8, Article I, of the Constitution provides: 1915年2月8日，我在参议院提出了一项决议，授权总统邀请世界中立国代表集会审议，除其他事项外，是否有可能在公海上划出航行通道，并通过与交战国的适当谈判，使这些通道被承认为中立领土，中立国的商业可以通过这些通道。

The Congress shall have power to lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defense and general welfare of the United States. 这连同其他规定构成了一项决议，我一直认为这是世界危机中极其重要和至关重要的决议，应该由国会审议和采取行动。

In this first sentence we find that no war can be prosecuted without the consent of the Congress. No war can be prosecuted without money. There is no power to raise the money for war except the power of Congress. 我相信，先生，如果采取了这样的行动，世界历史就不会在此时此刻以地球上一半以上国家的鲜血来书写，而其余国家也有被卷入的危险。

From this provision alone it must follow absolutely and without qualification that the duty of determining whether a war shall be prosecuted or not, whether the people's money shall be expended for the purpose of war or not rests upon the Congress, and with that power goes necessarily the power to determine the purposes of the war, for if the Congress does not approve the purposes of the war, it may refuse to lay the tax upon the people to prosecute it. 我相信，如果国会在这方面行使了我所主张的权力，我们本可以而且可能会避免当前的战争。

Again, section 8 further provides that Congress shall have power -- 主席先生，我相信，如果我们要从这场战争中脱身并恢复这个国家的光荣和持久和平，国会必须充分行使宪法赋予它的战争权力。我已经足够多地请你们注意了这个国家一些最伟大的律师和政治家关于这个问题所表达的意见，现在我冒昧地请你们注意从明显的法律权威和原则的角度对这个问题进行更仔细的审查。

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a Navy; 涉及的宪法规定。

To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasion; To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress. 宪法第一条第八款规定：

In the foregoing grants of power, which are as complete as language can make them, there is no mention of the President. Nothing is omitted from the powers conferred upon the Congress. Even the power to make the rules for the government and the regulation of all the national forces, both on land and on the sea, is vested in the Congress. "国会有权规定和征收税金、关税、进口税和消费税，以偿付国债并为美国的共同防务和一般福利提供经费。"

Then, not content with this, to make certain that no question could possibly arise, the framers of the Constitution declared that Congress shall have power -- 在这第一句话中，我们发现，没有国会的同意，就不能进行任何战争。没有钱就不能进行战争。除了国会的权力之外，没有为战争筹集资金的权力。

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. 仅从这一规定 alone 就必须绝对和无条件地得出，决定是否进行战争、是否将人民的钱用于战争目的的责任在于国会，而与这项权力必然相伴的是决定战争目的的权力，因为如果国会不赞成战争的目的，它可以拒绝向人民征税来进行战争。

We all know from the debates which took place in the constitutional convention why it was that the constitution was so framed as to vest in the Congress the entire war-making power. The framers of the Constitution knew that to give to one man that power meant danger to the rights and liberties of the people. They knew that it mattered not whether you call the man king or emperor, czar or president, to put into his hands the power of making war or peace meant despotism. 此外，第八款还规定国会有权——

It meant that the people would be called upon to wage wars in which they had no interest or to which they might even be opposed. It meant secret diplomacy and secret treaties. It meant that in those things, most vital to the lives and welfare of the people, they would have nothing to say. The framers of the constitution believed that they had guarded against this in the language I have quoted. They placed the entire control of this subject in the hands of the Congress. "宣战，颁发私掠许可证和报复令，制定关于陆上和海上捕获物的规则； 招募和支持军队，但为此目的的拨款不得超过两年期限； 提供和维持海军； 为陆海军的管理和规定制定规则； 提供召集民兵执行联邦法律、镇压叛乱和击退侵略； 提供组织、武装和纪律管理民兵，并为可能被征召进入美国服役的民兵所属部分进行管理，各州分别保留任命军官和按照国会规定的纪律训练民兵的权力。

And it was assumed that debate would be free and open, that many men representing all the sections of the country would freely, frankly, and calmly exchange their views, unafraid of the power of the Executive, uninfluenced by anything except their own convictions, and a desire to obey the will of the people expressed in a constitutional manner. "

Another reason for giving this power to the congress was that the Congress, particularly the House of Representatives, was assumed to be directly responsible to the people and would most nearly represent their views. The term of office for a Representative was fixed at only two years. One-third of the Senate would be elected each two years. It was believed that this close relation to the people would insure a fair representation of the popular will in the action which the Congress might take. 在上述权力授予中，其完整程度无以复加，没有提到总统。赋予国会的权力没有任何遗漏。甚至为所有国家力量——陆上和海上——的管理和规定制定规则的权力也授予了国会。

Moreover, if the congress for any reason was unfaithful to its trust and declared a war which the people did not desire to support or to continue, they could in two years at most retire from office their unfaithful Representatives and return others who would terminate the war. It is true that within two years much harm could be done by an unwise declaration of war, especially a war of aggression, where men were e sent abroad. The framers of the Constitution made no provision for such a condition, for they apparently never contemplated that such a condition would arise. 然后，为了确保不会出现任何可能的疑问，宪法的制定者宣布国会有权——

Moreover, under the system of voluntary enlistment, which was the only system of raising an army for use outside the country of which the framers of the Constitution had any idea, the people could force a settlement of any war to which they were opposed by the simple means of not volunteering to fight it. "制定为执行上述权力所必需和适当的一切法律，以及本宪法授予美国政府或任何部门或官员的所有其他权力。"

The only power relating to war with which the Executive was entrusted was that of acting as Commander in Chief of the Army and Navy and of the militia when called into actual service. This provision is found in section 2 of Article II, and is as follows: 我们都从制宪会议上的辩论中知道，为什么宪法被如此制定以将整个战争权力赋予国会。宪法的制定者知道，将那项权力给予一个人意味着对人民的权利和自由的危险。他们知道，无论你称那个人为国王或皇帝、沙皇或总统，将制定战争或和平的权力置于他手中意味着专制。

The President shall be commander in Chief of the Army and Navy of the United States and of the militia of the several States when called into the actual service of the United States. 这意味着人民将被要求进行他们没有兴趣的战争，或者他们甚至可能反对的战争。这意味着秘密外交和秘密条约。这意味着在那些对人民的生命和福祉至关重要的事情上，他们将没有发言权。宪法的制定者相信他们已经用我引用的语言防范了这一点。他们将对这个问题的全部控制置于国会手中。

Here is found the sum total of the President's war powers. After the Army is raised he becomes the General in Command. His function is purely military. He is the General in Command of the entire Army, just as there is a general in command of a certain field of operation. The authority of each is confined strictly to the field of military service. The Congress must raise and support and equip and maintain the Army which the President is to command. Until the Army is raised the President has no military authority over any of the persons that may compose it. 并且人们假定辩论将是自由和公开的，代表全国所有地区的许多人将自由、坦率和平静地交换他们的观点，不怕行政部门的权力，不受任何东西的影响，除了他们自己的信念和以宪法方式表达的服从人民意愿的愿望。

He can not enlist a man, or provide a uniform, or a single gun, or pound of powder. The country may be invaded from all sides and except for the command of the Regular Army, the President, as Commander in Chief of the Army, is as powerless as any citizen to stem the tide of the invasion. In such case his only resort would be to the militia, as provided in the Constitution. Thus completely did the fathers of the Constitution strip the Executive of military power. 将这项权力赋予国会的另一个原因是，国会，特别是众议院，被假定为直接对人民负责，将最接近地代表他们的观点。众议员的任期被固定在只有两年。参议员的三分之一每两年选举一次。人们相信，这种与人民的密切关系将确保国会采取的行动能公正地代表民意。

It may be said that the duty of the President to enforce the laws of the country carries with it by implication control over the military forces for that purpose, and that the decision as to when the laws are violated, and the manner in which they should be redressed, rests with the President. This whole matter was considered in the famous case of Ex parte Milligan (4 Wall., 2). The question of enforcing the laws of the United States, however, does not arise in the present discussion. The laws of the United States have no effect outside the territory of the United States. 此外，如果国会出于任何原因辜负了它的信任，宣布了人民不想支持或继续的战争，他们最多可以在两年内让不忠诚的议员下台，选出其他人来终止战争。诚然，在两年内，一个不明智的宣战可能会造成很大的伤害，特别是一场侵略战争，在这场战争中人们被派往国外。

Our Army in France or our Navy on the high seas may be engaged in worthy enterprises, but they are not enforcing the laws of the United States, and the President derives from his constitutional obligation to enforce the laws of the country no power to determine the purposes of the present war. 宪法的制定者没有为这样的情况作出规定，因为他们显然从未设想过这样的情况会出现。

The only remaining provision of the Constitution to be considered on the subject is that provision of Article II, section 2, which provides that the President -- 此外，根据志愿兵役制——这是宪法制定者所知道的在国外使用军队的唯一征兵制度——人民可以通过拒绝志愿参战的简单方式来迫使解决他们所反对的任何战争。

Shall have no power by and with the consent of the Senate to make treaties, providing two-thirds of the Senate present concur. 与战争有关的唯一授予行政部门的权力是作为陆海军总司令和民兵在实际服役时的总司令的权力。这一规定在第二条第二款中，内容如下：

This is the same section of the Constitution which provides that the President "Shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers, consuls, judges of the Supreme Court," and so forth. "总统应是美国陆海军总司令，以及当民兵被召入美国实际服役时的各州民兵总司令。"

Observe, the President under this constitutional provision gets no authority to declare the purposes and objects of any war in which the country may be engaged. It is true that a treaty of peace can not be executed except the President and the Senate concur in its execution. 这就是总统战争权力的总和。在军队被招募之后，他才成为指挥将军。他的职能纯粹是军事性的。他是整个军队的总司令，就像某个有一个指挥某个作战区域的将军一样。每个人的权限严格限于军事服务领域。国会必须招募、支持、装备和维持总统要指挥的军队。在军队被招募之前，总统对可能组成军队的任何人没有军事权力。

If a President should refuse to agree to terms of peace which were proposed, for instance, by a resolution of Congress, and accepted by the parliament of an enemy nation against the will, we will say, of an emperor, the war would simply stop, if the two parliaments agreed and exercised their powers respectively to withhold supplies; and the formal execution of a treaty of peace would be postponed until the people could select another President. 他不能招募一个人，或提供一套制服，或一支枪，或一磅火药。这个国家可能四面受敌入侵，除了正规军的指挥之外，总统作为陆军总司令，和任何公民一样无力阻止入侵的浪潮。在这种情况下，他唯一的求助对象将是民兵，正如宪法所规定的。因此，宪法的制定者完全剥夺了行政部门的军事权力。

It is devoutly to be hoped that such a situation will never arise, and it is hardly conceivable that it should arise with both an Executive and a Senate anxious, respectively, to discharge the constitutional duties of their office. But if it should arise, under the Constitution, the final authority and the power to ultimately control is vested by the Constitution in the Congress. 有人可能会说，总统执行国家法律的责任隐含着为此目的对军事力量的控制，而决定法律何时被违反以及应以何种方式加以纠正的权力在于总统。这整个问题在著名的Ex parte Milligan案（4 Wall., 2）中已经审议过了。然而，执行美国法律的问题在当前讨论中并不出现。

The President can no more make a treaty of peace without the approval not only of the Senate but of two-thirds of the Senators present than he can appoint a judge of the Supreme Court without the concurrence of the Senate. A decent regard for the duties of the President, as well as the duties of the Senators, and the consideration of the interests of the people, whose servants both the Senators and the President are, requires that the negotiations which lead up to the making of peace should be participated in equally by the Senators and by the President. 美国的法律在美国领土之外没有效力。我们在法国的军队或公海上的海军可能从事有价值的事业，但他们不是在执行美国的法律，总统从他执行国家法律的宪法义务中没有获得决定当前战争目的的权力。

for Senators to take any other position is to shirk a plain duty; is to avoid an obligation imposed upon them by the spirit and letter of the Constitution and by the solemn oath of office each has taken. 剩下需要审议的宪法规定是第二条第二款的那项规定，它规定总统——

PRECEDENTS AND AUTHORITIES. "应在参议院的建议和同意下，有权缔结条约，但须有出席参议员的三分之二同意。"

As might be expected from the plain language of the Constitution, the precedents and authorities are all one way. I shall not attempt to present them all here, but only refer to those which have peculiar application to the present situation. 这是宪法中规定总统"应提名，并在参议院的建议和同意下任命大使、其他公使、领事、最高法院法官"等的同一款。

Watson, in his work on the Constitution, Volume II, page 915, says: 请注意，总统根据这一宪法规定没有获得宣布国家可能参与的任何战争的目的和对象的权力。诚然，和平条约除非总统和参议院同意执行，否则不能执行。

The authority of the President over the Army and Navy to command and control is only subject to the restrictions of Congress to make rules for the government and regulation of the land and naval forces. * * * Neither can impair or invade the authority of the other. * * * 如果总统拒绝同意例如由国会决议提出并被敌国议会接受的和平条件，我们将说，由皇帝的意愿，战争将简单地停止，如果两个议会同意并各自行使其权力拒绝供应；和平条约的正式执行将被推迟，直到人民能选出另一位总统。

The powers of the President [under the war clause] are only those which may be called "military." 人们诚挚地希望这样的情况永远不会出现，而且很难想象它会在行政部门和参议院各自渴望履行其办公室宪法职责的情况下出现。但如果真的出现，根据宪法，最终权威和控制权由宪法赋予国会。

The same author on the same and succeeding page points out that the President as Commander in Chief of the Army may direct the military force in such a way as to most effectively injure the enemy. He may even direct an invasion of enemy territory. But, says the author, this can be done "temporarily, however, only until Congress has defined what the permanent policy of the country is to be." 总统未经参议院批准——不仅是参议院，而且是出席参议员的三分之二——不能缔结和平条约，就像他未经参议院同意不能任命最高法院法官一样。对总统职责以及参议员职责的适当尊重，以及对人民利益的考虑——参议员和总统都是人民的仆人——要求导致和平的谈判应由参议员和总统平等参与。

How, then, can the President declare the purposes of the war to be, to extend permanently the territory of an ally or secure for an ally damages either in the form of money or new territory? 对参议员来说，采取任何其他立场都是逃避明确的责任；是规避宪法精神和文字以及每个人所宣誓的就职誓词所强加于他们的义务。

Pomeroy, in his "Introduction to the Constitutional Law of the United States" (9th edition 1886, p. 373), says: 先例和权威。

The organic law nowhere prescribes or limits the causes for which hostilities may be waged against a foreign country. The causes of war it leaves to the discretion and judgment of the legislature. 正如人们可能从宪法的明确语言中预期的那样，先例和权威都是一致的。我不打算在这里提出所有这些，只提到那些与当前情况有特殊适用的。

In other words, it is for Congress to determine what we are fighting for. The President, as Commander in Chief of the Army, is to determine the best method of carrying on the fight. But since the purposes of the war must determine what are the best methods of conducting it, the primary duty at all times rests upon Congress to declare either in the declaration of war or subsequently what the objects are which it is expected to accomplish by the war. 沃森在他的宪法著作第二卷第915页说：

In Elliot's Debates (supplement 2d edition, 1866, p. 439, vol. 5) it is said: "总统对陆海军的指挥和控制权力，仅受国会为陆海军管理和规定而制定规则的限制。……两者都不能损害或侵犯对方的权力。……"

There is a material difference between the cases of making war and making peace. It should be more easy to get out of war than into it. 同一位作者在同一页和下一页指出，总统作为陆军总司令可以以最有效地伤害敌人的方式指挥军事力量。他甚至可以指挥对敌方领土的入侵。但作者说，这可以"临时进行，然而，只是直到国会定义了国家的永久政策是什么为止"。

In the same volume, at page 140, we find: 那么，总统怎么能宣布战争的目的是永久扩展盟国的领土或为盟国获得金钱或新领土形式的赔偿呢？

Mr. Sherman said he considered the executive magistracy as nothing more than an institution for carrying the will of the legislature into effect. 波默罗伊在他的《美国宪法法导论》（1886年第9版，第373页）中说：

Story, in his work on the Constitution (5th edition, 1891, p.92), says: "组织法没有规定或限制对外国可以发动敌对行动的原因。它将战争的原因留给立法机构的审慎和判断。"

The history of republics has but too fatally proved that they are too ambitious of military fame and conquest and too easily devoted to the interests of demagogues, who flatter their pride and betray their interests. It should, therefore, be difficult in a republic to declare war, but not to make peace. The representatives of the people are to lay the taxes to support a war, and therefore have aright to be consulted as to its propriety and necessity. 换句话说，决定我们为何而战是国会的事。总统作为陆军总司令，是决定进行战斗的最佳方式的人。但由于战争的目的必须决定进行战争的最佳方式，因此首要责任始终在于国会在宣战或随后时宣布它期望通过战争实现的对象是什么。

I commend this language to those gentlemen, both in and out of public office, who condemn as treasonable all efforts, either by the people or by their representatives in Congress, to discuss terms of peace or who even venture to suggest that a peace is not desirable until such time as the President, acting solely on his own responsibility, shall declare for peace. It is a strange doctrine we hear these days that the mass of the people, who pay in money, misery, and blood all the costs of this war, out of which a favored few profit so largely, may not freely and publicly discuss terms of peace. 在艾略特的辩论（1866年增补第2版，第439页，第5卷）中说：

I believe that I have shown that such an odious and tyrannical doctrine has never been held by the men who have stood for liberty and representative government in this country. "宣战和媾和之间有实质性区别。走出战争应该比进入战争更容易。"

Ordronaux, in his work on Constitutional Legislation, says: 在同一卷第140页，我们发现：

This power [the war-making power] the Constitution has lodged in Congress, as the political department of the Government, and more immediate representative of the will of the people. (P. 495). "谢尔曼先生说，他认为行政长官不过是将立法机构的意志付诸实施的机构。"

On page 496, the same author points out that -- 斯托里在他的宪法著作（1891年第5版，第92页）中说：

The general power to declare war, and the consequent right to conduct it as long as the public interests may seem to require -- "共和国的历史太致命地证明了，它们太热衷于军事名声和征服，太容易献身于蛊惑民心者的利益，这些人谄媚他们的骄傲，背叛他们的利益。因此，在共和国中宣战应该是困难的，但媾和不应该。人民的代表要为支持战争而征税，因此有权被咨询关于战争的适当性和必要性。"

is vested in Congress. 我将这段话推荐给那些在公共职位内外都谴责所有由人民或其在国会的代表讨论和平条件的努力为叛国行为的先生们，甚至那些冒险暗示在总统独自承担责任宣布和平之前和平不可取的人。

The right to determine when and upon what terms the public interests require that war shall cease must therefore necessarily vest in Congress. 我们这些日子听到的一个奇怪的学说是，大量以金钱、苦难和鲜血支付这场战争全部代价的人民，从中只有少数人获利的人民，不可以自由和公开地讨论和平条件。我相信我已经表明，这样一种可憎和暴虐的学说从未被这个国家那些支持自由和代议制政府的人所持有。

I have already referred to the fact that Lincoln, Webster, Clay, Sumner, Corwin, and others, all contended and declared in the midst of war that it was the right -- the constitutional right -- and the patriotic duty of American citizens, after the declaration of war, as well as before the declaration of war, and while the war was in progress, to discuss the issues of the war, to criticize the policies employed in its prosecution, and to work for the election of representatives pledged to carry out the will of the people respecting the war. 奥德罗诺在他的《宪法立法》著作中说：

Let me call your attention to what James Madison, who became the fourth President of the United States, said on the subject in a speech at the constitutional convention, June 29, 1787: "这项权力[战争权力]由宪法赋予国会，作为政府的政治部门，是人民意志的更直接代表。（第495页）。

A standing military force, with an overgrown Executive, will not long be safe companions to liberty. The means of defense against foreign dangers have always been the instrument of tyranny at home. Among the Romans it was a standing maxim to excite war whenever a revolt was apprehended. Throughout all Europe the armies kept up under the pretense of defending have enslaved the people. It is perhaps questionable whether the best concerted system of absolute power in Europe could maintain itself in a situation where no alarms of external danger could tame the people to the domestic yoke. 在第496页，同一位作者指出——

I now invite your attention to some of the precedents established by Congress showing that it has exercised almost from the time of the first Congress substantially the powers I am urging it should assert now. "宣战的一般权力，以及随之而来的在公共利益似乎需要时进行战争的权利——

CONGRESSIONAL PRECEDENTS. 是赋予国会的。

Many of the precedents to which I shall now briefly refer will be found in Hinds' Precedents, volume 2, chapter 49. My authority for the others are the records of Congress itself as contained in the Congressional Globe and Congressional Record. 决定何时以及在什么条件下公共利益要求战争停止的权利，因此必然属于国会。"

In 1811 the House originated and the Senate agreed to a resolution as follows: 我已经提到过林肯、韦伯斯特、克莱、萨姆纳、科温以及其他人，他们都在战争中主张并宣布，这是美国公民的权利——宪法权利——和爱国义务，在宣战之后以及宣战之前，在战争进行中讨论战争的问题，批评进行战争的政策，并为致力于执行人民关于战争意愿的代表的选举而努力。

Taking into view the present state of the world, the peculiar situation of Spain and of her American Provinces, and the intimate relations of the territory eastward of the River Perdido, adjoining the United States, to their security and tranquility: Therefore Resolved, etc., That the United States can not see with indifference any part of the Spanish Provinces adjoining the said States eastward of the River Perdido pass from the hands of Spain into those of any other foreign power. 让我请你们注意第四任美国总统詹姆斯·麦迪逊在1787年6月29日制宪会议上就这个问题所说的话：

In 1821 Mr. Clay introduced the following resolution, which passed the House: "一支常备军，加上一个膨胀的行政机构，不会长久是自由的安全伙伴。抵御外来危险的防御手段一直是国内暴政的工具。在罗马人中，每当担心叛乱时，激发战争是一项既定准则。在整个欧洲，以防御为借口维持的军队已经奴役了人民。

Resolved, That the House of Representatives participates with the people of the United States in the deep interest which they feel for the success of the Spanish Provinces of South America, which are struggling to establish their liberty and independence, and that it will give its constitutional support to the President of the United States whenever he may deem it expedient to recognize the sovereignty and independence of any of the said Provinces. 也许，欧洲最完善的绝对权力体系是否能在没有外部危险警报将人民驯服到国内枷锁的情况下维持自身，这是值得怀疑的。"

In 1825 there was a long debate in the House relating to an unconditional appropriation for the expenses of the ministers to the Panama Congress. According to Mr. Hinds's summary of this debate, the opposition to the amendment, led by Mr. Webster, was that -- 我现在请你们注意国会确立的一些先例，表明它几乎从第一届国会开始就行使了我敦促它现在主张的那些权力。

While the Hose had an undoubted right to express its general opinion in regard to questions of foreign policy, in this case it was proposed to decide what should be discussed by the particular ministers already appointed. If such instructions might be furnished by the House in this case they might be furnished in all, thus usurping the power of the Executive. 国会先例。

James Buchanan and John Forsythe, who argued in favor of the amendment, "contended that it did not amount to any instruction to diplomatic agents, but was a proper expression of opinion by the House. The House had always exercised the right of expressing its opinion on great questions, either foreign or domestic, and such expressions were never thought to be an improper interference with the Executive." 我现在将简要提到的许多先例将在辛德的先例第二卷第49章中找到。我其他的权威来自国会记录本身，正如《国会环球报》和《国会记录》所记载的那样。

In April, 1864, the House originated and passed a resolution declaring that -- 1811年，众议院发起并参议院同意了一项决议，内容如下：

It did not accord with the policy of the United States to acknowledge a monarchical government erected on the ruins of any republican government in America under the auspices of any European power. "鉴于当前世界状态、西班牙及其美洲省份的特殊情况，以及位于佩尔迪多河以东、与美国接壤的领土与它们的安全与安宁的密切关系：因此

On May 23 the House passed a resolution requesting the President to communicated any explanation given by the Government of the United States to France respecting the sense and bearing of the joint resolution relative to Mexico. 决议等，美国不能对与美国接壤的西班牙省份中任何部分从西班牙手中落入任何其他外国权力手中无动于衷。"

The President transmitted the correspondence to the House. 1821年，克莱先生提出了以下决议，该决议在众议院通过：

The correspondence disclosed that Secretary Seward had transmitted a copy of the resolution to our minister to France, with the explanation that -- "决议：众议院与美国人民一道，对西班牙美洲省份为争取自由和独立而斗争的成功深表关切，每当总统认为承认任何此类省份的主权和独立是适宜的时候，众议院将给予美国总统宪法支持。"

This is a practical and purely executive question, and the decision of its constitutionality belongs not to the House of Representatives or even to Congress but to the President of the United States. 1825年，众议院就向巴拿马会议派遣部长的无条件拨款进行了长时间的辩论。根据欣兹对这场辩论的总结，由韦伯斯特先生领导的对修正案的反对意见是——

After a protracted struggle, evidently accompanied with much feeling, the House of Representatives adopted the following resolution, which had been reported by Mr. Henry Winter Davis from the Committee on Foreign Affairs: "虽然众议院对外交政策问题表达一般意见有无可置疑的权利，但在这种情况下，有人提议决定已经任命的特定部长应该讨论什么。如果众议院可以在这种情况下提供这样的指示，它可能在所有情况下都这样做，从而篡夺行政部门的权力。"

Resolved, That Congress has a constitutional right to an authoritative voice in declaring and prescribing the foreign policy of the United States as well in the recognition of new powers as in other matters, and it is the constitutional duty of the President to respect that policy, no less in diplomatic negotiations than in the use of the national force when authorized by law. 詹姆斯·布坎南和约翰·福赛思支持修正案，"认为它不等同于对外交代理人的任何指示，而是众议院意见的适当表达。众议院一直行使在重大问题上表达意见的权利，无论是外交还是国内问题，这样的表达从未被认为是对行政部门的不当干涉。"

It will be observed from the language last read that it was assumed as a matter of course that Congress had an authoritative voice as to the use of the national forces to be made in time of war and that it was the constitutional duty of the President to respect the policy of the Congress in that regard, and Mr. Davis in the resolution just read argued that it was the duty of the President to respect the authority of Congress in diplomatic negotiations even as he must respect it when the Congress determined the policy of the Government in the use of the national forces. 1864年4月，众议院发起并通过了一项决议，宣布——

The portion of the resolution I have just read was adopted by a vote of 119 to 8. The balance of the resolution was adopted by a smaller majority, and was as follows: "美国不承认在任何欧洲大国支持下在美洲任何共和国废墟上建立君主制政府符合美国的政策。"

And the propriety of any declaration of foreign policy by Congress is sufficiently proved by the vote which pronounces it, and such proposition, while pending and undetermined, is not a fit topic of diplomatic explanation with any foreign power. 5月23日，众议院通过了一项决议，请求总统向法国政府转达关于墨西哥联合决议的意义和含义的任何解释。

The joint resolution of 1898 declaring the intervention of the United States to remedy conditions existing in the island of Cuba is recent history and familiar to all. This resolution embodied a clear declaration of foreign policy regarding Cuba as well as a declaration of war. It passed both branches of Congress and was signed by the President. 总统将信函转交给了众议院。

After reciting the abhorrent conditions existing in Cuba it reads as follows: 信函透露，西沃德国务卿已向我们驻法国的部长转交了该决议的副本，并解释说——

Resolved, etc., First. That the people of the island of Cuba are, and of right ought to be, free and independent. Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters. Third. "这是一个实际和纯粹的行政问题，其合宪性的决定不属于众议院甚至国会，而属于美国总统。"

That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as my be necessary to carry these resolutions into effect. Fourth. 经过伴随强烈情绪的持久斗争，众议院通过了由亨利·温特·戴维斯先生从外交事务委员会报告的以下决议：

That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said island except for the pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the island to its people. "决议：国会在规定美国外交政策方面拥有宪法赋予的权威发言权，无论是在承认新国家还是在其他事务中，总统在外交谈判中尊重这一政策，正如在法律授权下使用国家力量时尊重它一样，是总统的宪法职责。"

On April 28, 1904, a joint resolution was passed by both Houses of Congress in the following terms: 从刚刚读到的语言中可以看出，人们理所当然地认为，国会在战争时期对国家力量的使用拥有权威发言权，而且总统在这方面尊重国会的政策是宪法职责，戴维斯先生在刚刚读到的决议中论证说，即使在外交谈判中，总统也有责任尊重国会的权威，正如国会确定政府在使用国家力量方面的政策时一样。

That it is the sense of the Congress of the united States that it is desirable in the interests of uniformity of action by maritime States in time of war, that the President endeavor to bring about an understanding among the principal maritime powers, with a view to incorporating into the permanent law of civilized nations the principle of the exemption of all private property at sea, not contraband of war, from capture or destruction by belligerents. 我刚读到的决议部分以119票对8票通过。决议的其余部分以较小的多数通过，内容如下：

Here it will be observed that the Congress proposed by resolution to direct the President as to the policy of exempting from capture private property at sea, no contraband of war, in not only one war merely but in all wars, providing that other maritime powers could be brought to adopt the same policy. So far as I am aware, there is an unbroken line of precedents by Congress upon this subject down to the time of the present administration. "国会宣布任何外交政策的适当性，已由通过它的投票充分证明，而这种提议在待决和未确定期间，不是与任何外国进行外交解释的适当话题。"

It is true that in 1846 President Polk, without consulting Congress, assumed to send the Army of the United States into territory the title of which was in dispute between the United States and Mexico, thereby precipitating bloodshed and the Mexican War. 1898年的联合决议宣布美国进行干预以纠正古巴岛上存在的条件，这是最近的历史，大家都熟悉。该决议体现了关于古巴的明确外交政策声明以及宣战声明。它在国会两院通过并由总统签署。

But it is also true that this act was condemned as unconstitutional by the great constitutional lawyers of the country, and Abraham Lincoln, when he became a Member of the next Congress, voted for and supported the resolution, called the Ashmun amendment, which passed the House of Representatives, declaring that the Mexican War had been unnecessarily and unconstitutionally begun by the President of the United States. 在叙述了古巴存在的令人憎恶的条件之后，它内容如下：

That the full significance of this resolution was appreciated by the House of Representatives is shown by the speech of Mr. Venable, Representative from North Carolina, and a warm supporter of President Polk, made in the House, January 12, 1848, where referring to this resolution he says: "决议等，第一。古巴岛人民现在是，而且理所当然地应该是，自由和独立的。 第二。美国有责任要求，并且美国政府特此要求，西班牙政府立即放弃其在古巴岛的权威和政府，并从古巴和古巴水域撤出其陆海军力量。 第三。美国总统特此被要求并授权使用美国的全部陆海军力量，并召集各州民兵进入美国实际服役，以执行这些决议。

Eighty-five members of this House sustained that amendment and it now constitutes one of our recorded acts. I will not here stop to inquire as to the moral effect upon the Mexican people and the Mexican government which will result to us from such a vote in the midst of a war. I suppose gentlemen have fully weighed this matter. Neither will I now inquire how much such a vote will strengthen our credit or facilitate the Government in furnishing the necessary supply of troops. 第四。美国特此声明，除为该岛的平定外，不打算或意图对该岛行使主权、管辖权或控制，并断言当平定完成时，将把该岛的政府和控制权留给其人民。"

They have said by their votes that the President has violated the Constitution in the most flagrant manner; that every drop of blood which has been shed, every bone which now whitens the plains of Mexico, every heart-wringing agony which has been produced must be placed to his account who has so flagitiously violated the Constitution and involved the Nation in the horrors or war. This the majority of this House have declared on oath. The grand inquest of the Nation have asserted the fact and fixed it on their records, and I here demand of them to impeach the President. 1904年4月28日，两院国会通过了一项联合决议，内容如下：

That Mr. Lincoln was in no manner deterred from the discharge of his duty as he saw it is evidenced by the fact that on the day following the speech of Representative Venable, Lincoln replied with one of the ablest speeches of his career, the opening sentences of which I desire to quote. He said: "美国国会的意见是，为了战时海事国家行动的一致性，总统应努力在主要海事大国之间达成谅解，以便将在战时所有私人财产免于捕获或销毁（不是战争违禁品）的原则纳入文明国家的永久法律。"

Some, if not all, the gentlemen of the other side of the House, who have addressed the committee within the last two days, have spoken rather complainingly, if I have rightly understood them, if the vote given a week or 10 days ago, declaring that the War with Mexico was unnecessarily and unconstitutionally commenced by the President. I admit that such a vote should not be given in mere party wantonness and that the one given is justly censurable, if it have no other or better foundation. I am one of those who joined in that vote; and I did so under my best impression of the truth of the case. 可以看出，国会通过决议提议总统应该在战争中豁免私人财产（不是战争违禁品）的捕获政策，不仅是在一场战争中，而是在所有战争中，只要其他海事大国能被说服采纳同样的政策。据我所知，从当前政府到现在，国会在这个问题上有一条完整的先例线。

Lincoln then proceeded to demonstrate the truth of the charge as he regarded it. Evidently he did not think that patriotism in war more than in peace required the suppression of the truth respecting anything pertaining to the conduct of the war. 诚然，在1846年，波尔克总统未经国会协商，擅自将美国军队派遣到美国和墨西哥之间存在争议的领土上，从而引发了流血冲突和墨西哥战争。

And yet today, Mr. President, for merely suggesting a possible disagreement with the administration on any measure submitted, or the offering of amendments to increase the tax upon incomes, or on war profits, is "treason to our country and an effort to serve the enemy." 但同样真实的是，这一行为被该国伟大的宪法律师谴责为违宪，亚伯拉罕·林肯在成为下一届国会议员时，投票支持并通过了被称为阿什蒙德修正案的决议，该决议由众议院通过，宣布墨西哥战争是由美国总统不必要和违宪地开始的。

Since the Constitution vests in Congress the supreme power to determine when and for what purposes the country will engage in war and the objects to attain which the war will be prosecuted, it seems to me to be an evasion of a solemn duty on the part of the Congress not to exercise that power at this critical time in the Nation's affairs. The Congress can no more avoid its responsibility in this matte than it can in any other. 众议院对这项决议的全部重要性的理解，从北卡罗来纳州众议员维纳布尔1848年1月12日在众议院发表的演讲中可以看出，他在谈到这项决议时说：

As the Nation's purposes in conducting this war are of supreme importance to the country, it is the supreme duty of Congress to exercise the function conferred upon it by the Constitution of guiding the foreign policy of the Nation in the present crisis. "众议院的八十五名成员支持了这项修正案，现在它构成了我们的记录行为之一。我不会在这里停下来探究这样一个投票在战争进行中对墨西哥人民和墨西哥政府将产生的道德影响。我相信各位先生已经充分权衡了这件事。我也不会现在探究这样一个投票将如何加强我们的信誉或便利政府提供必要的军队供应。

A minor duty may be evaded by Congress, a minor responsibility avoided without disaster resulting, but on this momentous question there can be no evasion, no shirking of duty of the Congress, without subverting our form of government. If our Constitution is to be changed so as to give the President the power to determine the purposes for which this Nation will engage in war, and the conditions on which it will make peace, then let that change be made deliberately by an amendment to the constitution proposed and adopted in a constitutional manner. 他们通过投票宣布，总统以最公然的方式违反了宪法；每一滴已经流淌的血，每一根现在使墨西哥平原变白的骨头，每一个令人心碎的痛苦，都必须归因于他，他如此公然地违反了宪法，使国家卷入了战争的恐怖之中。这是众议院的多数人宣誓宣布的。国家的大陪审团已经断言了这一事实并将其固定在记录上，我在此要求他们弹劾总统。"

It would be bad enough if the Constitution clothed the President with any such power, but to exercise such power without constitutional authority can not long be tolerated if even the forms of free government are to remain. We all know that no amendment to the constitution giving the President the powers suggested would be adopted by the people. We know that if such an amendment were to be proposed it would be overwhelmingly defeated. 林肯先生在维纳able众议员演讲的第二天，用他一生中最出色的演讲之一作了回应，这一点证明了林肯绝没有以任何方式被阻止履行他认为是他的职责。他的演讲开头几句我想引用。他说：

The universal conviction of those who yet believe in the rights of the people is that the first step toward the prevention of war and the establishment of peace, permanent peace, is to give the people who must bear the brunt of war's awful burden more to say about it. "如果不是全部，那么对方议院中在过去两天内在委员会上发言的一些先生们的讲话，如果你正确理解的话，是带着相当抱怨的口吻的，如果一周或十天前通过的、宣布与墨西哥的战争是由总统不必要和违宪地开始的投票。

The masses will understand that it was the evil of a one-man power exercised in a half dozen nations through the malevolent influences of a system of secret diplomacy that plunged the helpless peoples of Europe into the awful war that has been raging with increasing horror and fury ever since it began and that now threatens to engulf the world before it stops. 我承认这样的投票不应该仅仅出于政党的任性而给出，而且所给出的投票如果没有其他或更好的基础，确实应该受到谴责。我是投赞成票的人之一；我这样做是基于我对案件事实的最佳判断。"

No conviction is stronger with the people today than that there should be no future wars except in case of actual invasion, unless supported by a referendum, a plebiscite, a vote of ratification upon the declaration of war before it shall become effective. 林肯接着证明了他所认为的指控的真实性。显然，他并不认为战争时期的爱国主义比和平时期更需要抑制关于战争行为的真相。

And because there is no clearness of understanding, no unity of opinion in this country on the part of the people as to the conditions upon which we are prosecuting this war or what the specific objects are upon the attainment of which the present administration would be willing to conclude a peace, it becomes still more imperative each day that Congress should assert its constitutional power to define and declared the objects of this war which will afford the basis for a conference and for the establishment of permanent peace. 然而今天，主席先生，仅仅暗示可能与政府在提交的任何措施上有分歧，或提出增加所得税或战争利润税的修正案，就是"对我们国家的叛国和为敌人服务"。

The President has asked the German people to speak for themselves on this great world issue; why should not the American people voice their convictions through their chosen representatives in Congress? 既然宪法将决定国家何时以及为何从事战争以及战争要实现的对象的最高权力赋予国会，在我看来，国会在这个国家事务的关键时刻不行使这项权力是对庄严职责的逃避。国会不能在这件事上逃避其责任，就像它不能在任何其他事情上一样。

Ever since new Russia appeared upon the map she has been holding out her hands to free America to come to her support in declaring for a clear understanding of the objects to be attained to secure peace. Shall we let this most remarkable revolution the world has ever witnessed appeal to us in vain? 由于国家在进行这场战争中的目的对国家至关重要，国会在当前危机中行使宪法赋予的指导国家外交政策的职能是其最高职责。

We have been six months at war. We have incurred financial obligation and made expenditures of money in amounts already so large that the human mind can not comprehend them. The Government has drafted from the peaceful occupations of civil life a million of our finest young men -- and more will be taken if necessary -- to be transported 4,000 miles over the sea, with their equipment and supplies, to the trenches of Europe. 国会可以逃避一个较小的职责，可以避免一个较小的责任而不造成灾难，但在这个重大问题上，国会不能逃避或推卸责任而不颠覆我们的政府形式。如果我们的宪法要改变，以便赋予总统决定这个国家从事战争的目的和媾和的条件的权力，那么让这种改变通过宪法修正案来进行，以宪法方式提出和通过。如果宪法赋予总统任何这样的权力，那将是糟糕的，但在没有宪法授权的情况下行使这种权力，如果自由政府的形式要保留的话，是不能长久容忍的。我们都知道，赋予总统所建议的权力的宪法修正案不会被人民通过。我们知道，如果提出这样的修正案，它将以压倒多数被击败。

The first chill winds of autumn remind us that another winter is at hand. The imagination is paralyzed at the thought of the human misery, the indescribable suffering, which the winter months, with their cold and sleet and ice and snow, must bring to the war-swept lands, not alone to the soldiers at the front but to the noncombatants at home. 那些仍然相信人民权利的人的普遍信念是，防止战争和建立永久和平的第一步，是让必须承担战争可怕负担的人民对战争有更多的发言权。群众会理解，正是一人权力的罪恶——通过秘密外交制度在六个国家中行使——将无助的欧洲人民推入了这场一直在增加恐怖和愤怒的战争中，现在在它停止之前威胁要吞噬世界。

To such excesses of cruelty has this war descended that each nation is now, as a part of its strategy, planning to starve the women and children of the enemy countries. Each warring nation is carrying out the unspeakable plan of starving noncombatants. 今天人民最强烈的信念是，除非遭到实际入侵，否则不应该有未来的战争，除非得到公民投票、全民公决或在宣战生效前对宣战进行批准投票的支持。

Each nurses the hope that it may break the spirit of the men of the enemy country at the front by starving the wives and babes at home, and woe be it that we have become partners in this awful business and are even cutting off food shipments from neutral countries in order to force them to help starve women and children of the country against whom we have declared war. 因为在这个国家，人民对我们进行这场战争的条件或当前政府愿意在什么具体目标达成后愿意缔结和平的目标没有清晰的理解和统一的意见，所以每天都变得更加迫切，国会应该断言其宪法权力来定义和宣布这场战争的对象，这将为会议和建立永久和平奠定基础。总统已要求德国人民在这个重大世界问题上为自己发声；为什么美国人民不能通过他们在国会的当选代表表达他们的信念呢？

There may be some necessity overpowering enough to justify these things, but the people of America should demand to know what results are expected to satisfy the sacrifice of all that civilization holds dear upon the bloody altar of a conflict which employs such desperate methods of warfare. 自从新俄罗斯出现在地图上以来，她一直向自由的美国伸出双手，要求支持宣布对实现和平所要达到的目标有清晰的理解。我们是否应该让这场世界上最非凡的革命对我们的呼吁落空？

The question is, Are we to sacrifice millions of our young men -- the very promise of the land --and spend billions and more billions, and pile up the cost of living until we starve -- and for what? Shall the fearfully overburdened people of this country continue to bear the brunt of a prolonged war for any objects not openly stated and defined? 我们已经参战六个月了。我们已经承担了财政义务，支出了如此巨额的金钱，以至于人类的头脑无法理解。政府已经从公民生活的和平职业中征召了一百万最优秀的年轻人——如有必要还会有更多——他们将带着装备和物资被运越4000海里，送往欧洲的战壕。

The answer, sir, rests, in my judgment, with the Congress, whose duty it is to declare our specific purposes in the present war and to state the objects upon the attainment of which we will make peace. 秋天的第一缕寒风提醒我们，又一个冬天即将到来。一想到冬季的几个月里，带着它们的寒冷、雨夹雪、冰雪，必须给战火席卷的土地带来的人类苦难和难以形容的痛苦，想象力就为之瘫痪——不仅是前线的士兵，还有后方的平民。

CAMPAIGN SHOULD BE MADE ON CONSTITUTIONAL LINES. 这场战争已经堕落到如此残忍的地步，以至于每个国家现在都将饿死敌国的妇女和儿童作为其战略的一部分。每个交战国都在实施饿死平民的不可思议的计划。每个国家都怀着希望，希望通过饿死后方的妻子和孩子来瓦解前线敌军的士气，而我们已经成为这场可怕勾当的伙伴，甚至正在切断中立国家的粮食运输，以迫使它们帮助饿死我们已宣战的那个国家的妇女和儿童。

And, sir, this is the ground on which I stand. I maintain that Congress has the right and the duty to declare the objects of the war and the people have the right and the obligation to discuss it. 可能有一些足够压倒一切的必要性来为这些事情辩护，但美国人民应该要求知道，预期获得什么结果才能满足文明在这场采用如此绝望作战方法的冲突的血腥祭坛上所牺牲的一切。

American citizens may hold all shades of opinion as to the war; one citizen may glory in it, another may deplore it, each has the same right to voice his judgment. An American citizen may think and say that we are not justified in prosecuting this war for the purpose of dictating the form of government which shall be maintained by our enemy or our ally, and not be subject to punishment at law. He may pray aloud that our boys shall not be sent to fight and die on European battle fields for the annexation of territory or the maintenance of trade agreements and be within his legal rights. 问题在于，我们是否要牺牲数百万年轻人——这片土地的希望——花费数十亿美元乃至更多数十亿美元，堆积生活成本直到我们饿死——这一切都是为了什么？这个国家不堪重负的人民是否应该继续为任何未被公开说明和界定的对象承担旷日持久战争的重担？

He may express the hope that an early peace may be secured on the terms set forth by the new Russia and by President Wilson in his speech of January 22, 1917, and he can not lawfully be sent to jail for the expression of his convictions. 答案，先生，在我看来，在于国会，国会的职责是宣布我们在当前战争中的具体目的，并说明我们将在实现哪些对象后媾和。

It is the citizen's duty to obey the law until it is repealed or declared unconstitutional. But he has the inalienable right to fight what he deems an obnoxious law or a wrong policy in the courts and at the ballot box. 运动应沿着宪法路线进行。

It is the suppressed emotion of the masses that breeds revolution. 而且，先生，这就是我所坚持的立场。我主张国会有权也有责任宣布战争的对象，人民有权也有义务讨论它。

If the American people are to carry on this great war, if public opinion is to be enlightened and intelligent, there must be free discussion. 美国公民可以对战争持有各种不同的意见；一个公民可能为之欢呼，另一个可能为之痛惜，每个人都有同样的权利表达自己的判断。一个美国公民可以思考并说，我们为了独裁我们的敌人或盟友应维持的政府形式而进行这场战争是不正当的，他不会受到法律惩罚。他可以大声祈祷，我们的孩子不会被派往欧洲战场为领土兼并或维护贸易协定而战，他在法律上是有权这样做的。他可以表达希望早日按照新俄罗斯和威尔逊总统在1917年1月22日讲话中提出的条件获得和平，他不能因为表达自己的信念而被合法地投入监狱。

Congress, as well as the people of the United States, entered the war in great confusion of mind and under feverish excitement. The President's leadership was followed in the faith that he had some big, unrevealed plan by which peace that would exalt him before all the world would soon be achieved. 遵守法律直到它被废除或被宣布违宪是公民的责任。但他有不可剥夺的权利在法院和投票箱里与他认为令人憎恶的法律或错误的政策作斗争。

Gradually, reluctantly, Congress and the country are beginning to perceive that we are in this terrific world conflict, not only to right our wrongs, not only to aid the allies, not only to share its awful death toll and its fearful tax burden, but, perhaps, to bear the brunt of the war. 群众被压抑的情绪孕育着革命。

And so I say, if we are to forestall the danger of being drawn into years of war, perhaps finally to maintain imperialism and exploitation, the people must unite in a campaign along constitutional lines for free discussion of the policy of the war and its conclusion on a just basis. 如果美国人民要进行这场伟大的战争，如果公众舆论要开明而明智，就必须有自由讨论。

Permit me, sir, this word in conclusion. It is said by many persons for whose opinions I have profound respect and whose motives I know to be sincere that "we are in this war and must go through to the end." That is true. But it is not true that we must go through to the end to accomplish an undisclosed purpose, or to reach an unknown goal. 美国国会和人民都是在极大的思想混乱和狂热的激动中参战的。人们追随总统的领导，相信他有某个未被揭示的计划，通过这个计划，将很快实现使他在全世界面前荣耀的和平。

I believe that whatever there is of honest difference of opinion concerning this war, arises precisely at this point. 逐渐地、不情愿地，国会和国家开始认识到，我们卷入了这场可怕的世界冲突，不仅是为了纠正我们的错误，不仅是为了援助盟国，不仅是为了分担它可怕的死亡人数和令人恐惧的税收负担，而且也许是为了承担这场战争的主要冲击。

There is, and of course can be, no real difference of opinion concerning the duty of the citizen to discharge to the last limit whatever obligation the war lays upon him. 所以我说，如果我们要预见到被拖入多年战争的危险，也许最终是为了维护帝国主义和剥削，人民必须沿着宪法路线团结起来，开展一场运动，自由讨论战争政策以及在公正的基础上结束战争。

Our young men are being taken by the hundreds of thousands for the purpose of waging this war on the Continent of Europe, possibly Asia or Africa, or anywhere else that they may be ordered. Nothing must be left undone for their protection. They must have the best army, ammunition, and equipment that money can buy. They must have the best training and the best officers which this great country can provide. The dependents and relatives they leave at home must be provided for, not meagerly, but generously so far as money can provide for them. 请允许我，先生，说一句总结的话。许多对其意见我深表尊重、其动机我知道是真诚的人说——"我们在这场战争中必须坚持到底。"这是真的。但我们必须坚持到底去完成一个未被披露的目的，或达到一个未知的目标，这却不是真的。

I have done some of the hardest work of my life during the last few weeks on the revenue bill to raise the largest possible amount of money from surplus incomes and war profits for this war and upon other measures to provide for the protection of the soldiers and their families. That I was not able to accomplish more along this line is a great disappointment to me. I did all that I could, and I shall continue to fight with all the power at my command until wealth is made to bear more of the burden of this war than has been laid upon it by the present Congress. 我相信，关于这场战争的任何诚实意见分歧，正是在这一点上产生的。

Concerning these matters there can be no difference of opinion. We have not yet been able to muster the forces to conscript wealth, as we have conscripted men, but no one has ever been able to advance even a plausible argument for not doing so. 关于公民在战争赋予他的任何义务中履行到最后限度的责任，不存在也当然不可能存在真正的意见分歧。

No, Mr. President; it is on the other point suggested where honest differences of opinion may arise. Shall we ask the people of this country to shut their eyes and take the entire war program on faith? There are no doubt many honest and well-meaning persons who are willing to answer that question in the affirmative rather than risk the dissensions which they fear may follow a free discussion of the issues of this war. With that position I do not -- I can not agree. Have the people no intelligent contribution to make to the solution of the problems of this war? 我们的数十万年轻人正在被征召，为了在欧洲大陆进行这场战争，可能在亚洲或非洲，或任何可能被命令的地方。必须不遗余力地保护他们。他们必须拥有金钱能买到的最好的军队、弹药和装备。他们必须拥有这个伟大国家能提供的最好的训练和最好的军官。他们留在家里的家属和亲戚必须得到供养，不是吝啬地，而是慷慨地，只要金钱能提供。

I believe that they have, and that in this matter, as in so many others, they may be wiser than their leaders, and that if left free to discuss the issues of the war they will find the correct settlement of these issues. 在过去的几周里，我在税收法案上做了一些我一生中最艰苦的工作，以从超额收入和战争利润中为这场战争筹集尽可能多的资金，并采取其他措施来保护士兵及其家属。我未能在这方面完成更多的工作是一个巨大的失望。我尽了我所能，我将继续以我指挥的一切力量战斗，直到财富被要求承担更多的战争负担，超过当前国会所加在它身上的。关于这些问题不可能有意见分歧。我们还未能集结力量来征召财富，就像我们征召人员一样，但从未有人能提出一个合理的论据来说明为什么不应该这样做。

But it is said that Germany will fight with greater determination if her people believe that we are not in perfect agreement. Mr. President, that is the same worn-out pretext which has been used for three years to keep the plain people of Europe engaged in killing each other in this war. And, sir, as applied to this country, at least, it is a pretext with nothing to support it. 不，主席先生；正是在另一个建议的问题上，诚实的意见分歧可能出现。我们是否应该要求这个国家的人民闭上眼睛，盲目接受整个战争计划？毫无疑问，有许多诚实而善意的人愿意对这个问题作出肯定的回答，而不是冒着他们担心的自由讨论这场战争问题后可能出现的分歧。对于这个立场，我不同意——我不能同意。人民对这场战争问题的解决没有智慧贡献可作吗？我相信他们有，而且在这个问题上，正如在许多其他问题上一样，他们可能比他们的领导人更明智，如果让他们自由讨论战争问题，他们将找到这些问题的正确解决办法。

The way to paralyze the German arm, to weaken the German military force, in my opinion, is to declare our objects in this war, and show by that declaration to the German people that we are not seeking to dictate a form of government to Germany or to render more secure England's domination of the seas. 但有人说，如果德国人民相信我们并非完全一致，德国将以更大的决心战斗。主席先生，这是同样的陈旧借口，三年来一直被用来让欧洲的平民参与这场战争中的相互残杀。而且，先生，至少就这个国家而言，这是一个毫无根据的借口。

A declaration of our purposes in this war, so far from strengthening our enemy, I believe would immeasurably weaken her, for it would no longer be possible to misrepresent our purposes to the German people. Such a course on our part, so far from endangering the life of a single one of our boys, I believe would result in saving the lives of hundreds of thousands of them by bringing about an earlier and more lasting peace by intelligent negotiation, instead of securing a peace by the complete exhaustion of one or the other of the belligerents. 在我看来，使德国瘫痪、削弱德国军事力量的方法，是宣布我们在这场战争中的对象，并通过这一宣布向德国人民表明，我们不是在寻求为德国独裁一种政府形式，也不是在寻求使英国对海洋的统治更加稳固。

Such a course would also immeasurably, I believe, strengthen our military force in this country, because when the objects of this war are clearly stated and the people approve of those objects they will give to the war a popular support it will never otherwise receive. 我相信，宣布我们在这场战争中的目的，远非加强我们的敌人，将不可估量地削弱她，因为这样就不再可能向德国人民歪曲我们的目的。我们的这一方针，远非危及我们任何一个孩子的生命，我相信将通过明智的谈判带来更早和更持久的和平，而不是通过交战国一方完全耗尽来确保和平，从而拯救数十万人的生命。

Then, again, honest dealing with the entente allies, as well as with our own people, requires a clear statement of our objects in this war. If we do not expect to support the entente allies in the dreams of conquest we know some of them entertain, then in all fairness to them that fact should be stated now. If we do expect to support them in their plans for conquest and aggrandizement, then our people are entitled to know that vitally important fact before this war proceeds further. 我相信，这样的方针还将不可估量地加强我们在这个国家的军事力量，因为当这场战争的对象被清楚地说明并且人民赞成这些对象时，他们将给予这场战争一种它永远不会以其他方式获得的民众支持。

Common honesty and fair dealing with the people of this country and with the nations by whose side we are fighting, as well as a sound military policy at home, requires the fullest and freest discussion before the people of every issue involved in this great war and that a plain and specific declaration of our purposes in the war be speedily made by the Congress of the United States. 此外，对协约国盟国以及我们自己人民的诚实处理，要求清楚地说明我们在这场战争中的对象。如果我们不期望支持协约国盟国在它们所怀有的征服梦想中，那么公平地对它们说，这一事实现在就应该说明。如果我们确实期望支持它们的征服和扩张计划，那么我们的人民有权在这场战争进一步进行之前知道这一至关重要的事实。对这个国家的人民和我们与之并肩作战的国家的共同诚实和公平处理，以及国内健全的军事政策，要求在人民面前对这场伟大战争所涉及的每一个问题进行最充分和最自由的讨论，并要求美国国会迅速、明确地宣布我们在这场战争中的目的。