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本文利用北京大学所藏部分《总理各国事务衙门清档》,考释首部汉译美国宪法——《美国合邦盟约》的问世经过。美国宪法首次汉译是在驻美公使陈兰彬任内,宪法汉译并非因公使馆有主动认识美国制度的动机,而是源起于一场排华事件的交涉。在1880年丹佛发生的排华风潮中,一名华人被害,多人遭受经济损失。陈兰彬根据中国境内处理此类案件“条约至上”的经验,要求国务院惩凶、赔偿,履行中美《天津条约》保护人民的承诺。国务院以宪法限定联邦政府权力为由予以拒绝,并告知陈兰彬,宪法高于条约。观念上遭受巨大冲击的陈兰彬由此命使馆参赞蔡锡勇翻译美国宪法。美国宪法的汉译经过,折射出中国人认识美国制度和外部世界的曲折。
This article uses the part of Peking University’s “Department of Foreign Affairs” to examine the first Chinese translation of the American Constitution - the publication of the “Treaty of American Union and State.” The first Chinese translation of the U.S. constitution was made by Chen Lanbin, the U.S. ambassador to the United States. The translation of the constitution was not based on the impetus of the embassy to take the initiative to understand the U.S. system but originated from a diplomatic negotiation on the incident. In 1880, a wave of Chinese embargo occurred in Denver, one Chinese was killed and many suffered economic losses. Chen Lanbin, based on the experience of handling such cases in the territory of China “Treaty Supreme”, demanded that the State Department punish him for compensation and fulfill the promise of the “Tianjin Treaty” of China and the United States for the protection of the people. The State Department rejected the constitutional definition of federal government power and told Chen Lanbin that the constitution is higher than the treaty. Chen Lanbin, who suffered a huge impact on the concept, ordered the translation of the American constitution by Counselor Cai Xiyong. The Chinese translation of the American constitution has shown the twists and turns in the Chinese understanding of the U.S. system and the outside world.