一位受审的国父:杰斐逊在革命时期的权利演讲和奴隶制问题

W. Merkel
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When the Tea Party movement exploded onto the national political scene in the 2010 election, critics of the modern American state were quick to laud Jefferson as the favored spokesman of an allegedly simpler and purer alternative to the corrupted and degenerate federal government of the present. The original conception of America the Tea Party claimed to favor was, its members maintained, quintessentially Jeffersonian. Clearly, the Jefferson image retains power in contemporary political debates. But which image of the complex third President and drafter of the Declaration of Independence is most accurate, and which is most legitimately harnessed by citizens fighting to define the American creed in our times? Was Jefferson essentially a hypocritical racist who favored small government to protect slaveholder interests, or was he at heart a champion a universal liberty who envisioned a special role for the United States in human destiny? 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The natural rights arguments Jefferson employed in Howell v. Netherland, the Summary View, and the Declaration of Independence reflected a philosophy essentially inimical to human slavery. At the same time, the nuanced understanding of estates in land that Jefferson developed as a student and practitioner caused him to think in terms of conflicting and multivalent interests in property instead of Romanesque conceptions of dominium or absolute and unconditional ownership. This historically conditioned understanding of property equipped Jefferson to question the propriety and defensibility of objectification of human beings. Later in life, when he took a leading role in forming the policies of the new American nation, Jefferson de-prioritized claims for African American liberty. But in the early 1770s, Jefferson, provincial slaveholder and common lawyer that he was, embraced progressive anti-slavery tenets as yet little different from those animating the nascent anti-slavery vanguard in England and the North. Rather than the antinomian libertarian radical revered by extreme elements in the Tea Party movement or the Calhounite defender of the Slave Power reviled by some outspoken contemporary progressives, Jefferson of the Revolutionary period emerges as a sincere opponent of slavery. Tragically, as the revolutionary crisis unfolded, Jefferson learned by degrees the political utility of embracing an ever more cautious and conditional mode of discourse respecting anti-slavery goals, and an ever more gradual approach to solving the problems of political and moral legitimacy of an avowedly democratic and republican polity that remained (like Jefferson himself) heavily dependent economically and culturally on the enslavement of fellow human beings. 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When the Tea Party movement exploded onto the national political scene in the 2010 election, critics of the modern American state were quick to laud Jefferson as the favored spokesman of an allegedly simpler and purer alternative to the corrupted and degenerate federal government of the present. The original conception of America the Tea Party claimed to favor was, its members maintained, quintessentially Jeffersonian. Clearly, the Jefferson image retains power in contemporary political debates. But which image of the complex third President and drafter of the Declaration of Independence is most accurate, and which is most legitimately harnessed by citizens fighting to define the American creed in our times? Was Jefferson essentially a hypocritical racist who favored small government to protect slaveholder interests, or was he at heart a champion a universal liberty who envisioned a special role for the United States in human destiny? 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引用次数: 2

摘要

托马斯·杰斐逊一度严肃反对奴隶制的形象在近50年来一直受到学术界的严厉批评。事实上,杰斐逊作为美国政治传统的主要和有原则的先驱的声誉在20世纪的最后几十年受到严重损害,因为历史学家、文化评论家和法律学者把注意力集中在他的种族主义、对奴隶制的个人承诺以及与萨利·海明斯的亲密关系上。萨利·海明斯是蒙蒂塞洛被奴役的家庭成员,几乎可以肯定她是他一个或多个孩子的母亲。但是,虽然进步思想家在20世纪末对杰斐逊感到不满,但许多自由意志主义者、小政府爱好者、新联邦主义者和公民美德的捍卫者仍然致力于与杰斐逊联系在一起的理想和言论,而不是其他任何开国元勋。当茶党运动在2010年的选举中席卷全国政治舞台时,现代美国政府的批评者们很快就称赞杰斐逊是受欢迎的发言人,他宣称要用一种据称更简单、更纯粹的方式来取代目前腐败堕落的联邦政府。茶党成员坚持认为,茶党最初主张的美国观是典型的杰斐逊主义。显然,杰斐逊的形象在当代政治辩论中仍具有影响力。但是,对于这位复杂的第三任总统和《独立宣言》起草者,哪一种形象最准确?在我们这个时代,哪一种形象最合理地被公民们用来定义美国信条?杰弗逊本质上是一个虚伪的种族主义者,他支持小政府来保护奴隶主的利益,还是他内心深处是一个普遍自由的捍卫者,他设想美国在人类命运中扮演一个特殊的角色?在这篇文章中,我将通过重新评估杰斐逊公共生涯的早期阶段,分析奴隶制、自由和美国信条诞生之间错综复杂的关系。杰斐逊在弗吉尼亚州殖民地首府威廉斯堡从事法律工作,担任殖民地议会议员,1774年撰写了《英属北美权利概述》,并于1776年担任《独立宣言》的主要起草人。在探讨了杰斐逊的法律教育和弗吉尼亚殖民地晚期的奴隶制之后,文章回顾了杰斐逊七年的财产律师生涯。它详细分析了杰斐逊在1770年向弗吉尼亚普通法院提起的关于自由的诉讼Howell v. Netherland一案中的论点,然后考虑了他在其经典的早期宪法文件《总结观点》和《独立宣言》中对非洲奴隶制和所谓的英属北美政治奴役计划的言论。杰斐逊在豪厄尔诉尼德兰案、《总结意见》和《独立宣言》中使用的自然权利论点反映了一种本质上反对人类奴隶制的哲学。与此同时,杰斐逊作为学生和实践者对地产的细致理解使他思考财产的冲突和多重利益,而不是罗马式的统治或绝对无条件所有权的概念。这种受历史制约的对财产的理解使杰斐逊质疑人类物化的适当性和可辩护性。在后来的生活中,当他在制定新美国国家的政策中发挥主导作用时,杰斐逊把非裔美国人的自由要求放在了次要地位。但在18世纪70年代早期,杰斐逊,作为一个省奴隶主和普通律师,他接受了进步的反奴隶制信条,而这些信条与那些激励着英格兰和北方新生的反奴隶制先锋的信条并没有什么不同。他不是茶党运动中极端分子推崇的反自由主义激进分子,也不是当代一些直言不讳的进步人士所痛骂的卡尔豪尼(calhouite)式的奴隶权力捍卫者,而是革命时期的杰斐逊,他是一位真诚的奴隶制反对者。不幸的是,随着革命危机的展开,杰斐逊逐渐学会了政治上的效用,接受一种更加谨慎和有条件的话语模式,尊重反奴隶制的目标,以及一种更加渐进的方法来解决一个公开宣称的民主和共和政体的政治和道德合法性问题,而这个政体(像杰斐逊自己一样)在经济和文化上仍然严重依赖于对人类同胞的奴役。早在1776年,务实的杰斐逊就已经很好地理解了,对于一个希望在一个君主和帝国主义的世界里建立一个致力于共和原则的美国联盟的南方政治家来说,合理的反奴隶制是有严格限制的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Founding Father on Trial: Jefferson’s Rights Talk and the Problem of Slavery During the Revolutionary Period
Thomas Jefferson’s one-time image as a serious opponent of slavery has been heavily criticized by academics for nearly fifty years. Indeed, Jefferson’s reputation as a principal and principled progenitor of the American political tradition suffered badly in the closing decades of the Twentieth Century as historians, cultural commentators, and legal scholars focused on his racism, personal commitments to slavery, and intimate relationship with Sally Hemings, the enslaved Monticello domestic who was almost certainly the mother of one or more of his children. But while progressive thinkers soured on Jefferson at the close of the Twentieth Century, many libertarians, small government enthusiasts, neo-federalists, and champions of civic virtue remained committed to ideals and rhetoric they associated with Jefferson more than with any other founding father. When the Tea Party movement exploded onto the national political scene in the 2010 election, critics of the modern American state were quick to laud Jefferson as the favored spokesman of an allegedly simpler and purer alternative to the corrupted and degenerate federal government of the present. The original conception of America the Tea Party claimed to favor was, its members maintained, quintessentially Jeffersonian. Clearly, the Jefferson image retains power in contemporary political debates. But which image of the complex third President and drafter of the Declaration of Independence is most accurate, and which is most legitimately harnessed by citizens fighting to define the American creed in our times? Was Jefferson essentially a hypocritical racist who favored small government to protect slaveholder interests, or was he at heart a champion a universal liberty who envisioned a special role for the United States in human destiny? In this Article, I analyze the intricate relation between slavery, freedom, and the birth of the American creed by reassessing the earliest period of Jefferson’s public career when he practiced law in Virginia’s colonial capital Williamsburg, served as a member of the colonial assembly, the House of Burgesses, authored the Summary view of the Rights of British North America in 1774, and served as the principal draftsman of the Declaration of Independence in 1776. After exploring Jefferson’s legal education and the law of slavery in late colonial Virginia, the Article surveys Jefferson’s seven-year career as a property lawyer. It analyzes in detail Jefferson’s argument in Howell v. Netherland, a freedom suit appealed to the General Court of Virginia in 1770, and then considers his rhetoric respecting African slavery and alleged plans for political enslavement of British North America in his classic early constitutional state papers the Summary View and the Declaration of Independence. The natural rights arguments Jefferson employed in Howell v. Netherland, the Summary View, and the Declaration of Independence reflected a philosophy essentially inimical to human slavery. At the same time, the nuanced understanding of estates in land that Jefferson developed as a student and practitioner caused him to think in terms of conflicting and multivalent interests in property instead of Romanesque conceptions of dominium or absolute and unconditional ownership. This historically conditioned understanding of property equipped Jefferson to question the propriety and defensibility of objectification of human beings. Later in life, when he took a leading role in forming the policies of the new American nation, Jefferson de-prioritized claims for African American liberty. But in the early 1770s, Jefferson, provincial slaveholder and common lawyer that he was, embraced progressive anti-slavery tenets as yet little different from those animating the nascent anti-slavery vanguard in England and the North. Rather than the antinomian libertarian radical revered by extreme elements in the Tea Party movement or the Calhounite defender of the Slave Power reviled by some outspoken contemporary progressives, Jefferson of the Revolutionary period emerges as a sincere opponent of slavery. Tragically, as the revolutionary crisis unfolded, Jefferson learned by degrees the political utility of embracing an ever more cautious and conditional mode of discourse respecting anti-slavery goals, and an ever more gradual approach to solving the problems of political and moral legitimacy of an avowedly democratic and republican polity that remained (like Jefferson himself) heavily dependent economically and culturally on the enslavement of fellow human beings. As early as 1776, the pragmatic Jefferson was well on the way to understanding the severe limits circumscribing plausible anti-slavery for a Southern politician hoping to forge an American union committed to republican principles in what was still a decidedly monarchical and imperial world.
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