浅析美国内战中的南北论战

发布时间：2018-04-21 03:15

本文选题：美国内战 + 分裂　；参考：《华东政法大学》2015年硕士论文

【摘要】：内战是美国历史上最重要的历史事件之一,是因长期无法调和的地域差异以及无法解决的诸多问题引发的。早在18世纪末19世纪初,美国北方因移民的大量涌入,掀起了改革的思潮,经济和技术得到了快速的发展,形成了自由劳动力的理念;而旧南方对改革几乎是抗拒的,他们以奴隶为主要劳动力、农业为主要产业、古老而稳定的社会制度继续延续着。随着19世纪美国领土向西扩张,双方都想将自己的制度适用到新领土上,由此爆发了冲突。双方的冲突发端于经济的不平衡,南方认为国会通过的立法不公平,保护北方的工商业,掠夺了属于他们的利益,南方各州认为自己有不执行不公正法案的权利。对联邦法律的愈发不满,在联邦内愈发感到不安全,使得南方开始宣扬他们要脱离联邦。从矛盾开始到最后付诸一战,双方展开了漫长而广泛的辩论,涉及经济、政治、宪法、奴隶制等多个议题,为了维护各自的社会体系、为了力证各种诉求的正当性,双方从历史、法律、自然等多方面寻求支撑,却无法达成双方都能接受的解决方案。双方的争论主要包含三个方面的问题:分裂与统一;奴隶制的存废;自由、平等的观念。首先,南方开始宣扬退出联邦后,双方在分裂与统一的问题上展开了辩论。这是双方冲突的焦点之一,南方认为根据宪法是一纸契约的性质,各州作为签约各方仍然保留着自己的主权,可以自由退出签订的契约;即便作为宪法下的存在,宪法也赋予了南方各州各种权利,其中包括了受到多数人的不公平对待时,少数人可以反对的权利;再者,通过契约神圣原则,北方各州公然通过立法或者司法违反了宪法规定的逃奴条款,这已经是故意打破契约行为,那么自然蓄奴州也已经从契约的约束中被解脱了出来。南方用一个完整的逻辑表达了自己的观点,从麦迪逊的“干预权”(各州有权利干预联邦的违宪法案),引申出“无效权”(各州有权宣布违宪法案在州内无效),最后在南卡莱罗纳的分离大会上将这个权利发挥到了极致——“分离权”;北方认为国家先于也高于各州的存在,各州加入联邦后就不再完全独立,而成为了联邦的一个有机器官,共同为了美国宪法的光荣和未来努力。联邦应该得以永存,宪法虽然没有明文规定,但一定隐含着这样的意思。国家主义的理念胜过其他所有的因素,成为林肯做决策时的考量,在他的就职演说上,表示对奴隶制可以妥协,会尊重宪法不干预既存的奴隶制,然而在分裂的问题上却展现了绝不退让的决心,他将保存联邦视为第一要务。这种国家主义的情感在林肯数次高超的演讲中得到了渲染,尤其是在战争期间,随着行政职权的扩张进一步蔓延,战后并没有将国家的不可分离或者永续存在写入宪法,但是宪法的隐藏含义已经充分显现和重申,关于分裂的争论自此已被终止;虽然当前的研究不再认为奴隶制是双方开战的主导原因,却仍是美国内战无法绕过的话题,双方在此也投入了诸多口舌和热情。南方从自然、历史、法律等多角度去论证了奴隶制的应然和必然性,并且否认了奴隶的糟糕处境,认为南方大部分奴隶的生活状况已经是黑人最好的归宿。当然,最重要的是,1787年宪法制定时已经确立了奴隶制的存在,并且排除了联邦的干涉权;而处于改革浪潮中的北方,形成了各种反奴团体,指责奴隶制的邪恶,呼吁永久地废除。加上当时蓬勃发展的自由劳动力的观念,使得北方对这个强迫劳动的体系无法容忍的人越来越多,最后上升到了政治层面,各大政党开始回应奴隶制的问题,从主张限制奴隶制的扩张到完全废除奴隶制。宪法原本是废除奴隶制的障碍,在宪法下的奴隶制是得到保护的,但是因为战争的爆发,离开联邦的州就不能再寻求宪法的保障。围绕着奴隶制的宪法问题发生了改变,在邦联内的奴隶已经不同于战前,他们变成了被敌方利用的财产。在宪法上看来,林肯发布的《解放黑人奴隶宣言》,是削弱敌方战斗力的有效手段,对于黑人的自由或者平等地位还远远不够,之后林肯便开始着手制定宪法修正案,1865年1月31号,美国第十三条修正案才得以勉强通过。这条修正案废除了奴隶制、突破了宪法对财产的规定:没有对奴隶主予以补偿就解放了奴隶、突破了国会的权力、也违背了林肯的誓言:他保证内战不会触动那些忠诚于联邦的奴隶主利益,这对基本法来说是一个重大的改变。双方争论的根基在于美国的平等、自由理念。双方都认为自己继承了建国者们的革命遗产,并且践行着他们的使命。南方州将自己的行为等同于华盛顿反抗乔治三世,宣称同样的自由和独立的精神,使得先父们脱离了英格兰的统治,也会让南方热爱自由的人从联邦脱离。林肯在葛底斯堡的演讲,则开创了“自由的新生”,给这个国家的自由带进了开阔而开放的概念,废奴主义者开始狂热地相信,奴隶制与自由是相悖的,必须毫不妥协地废除奴隶制。南方奉行“白人至上”原则,所谓平等只存在于白人之间。挑战了《独立宣言》,认为人生来就是不平等的,也没有人生来就是自由的;北方开始逐步取消了与黑人的隔离,要让所有人都看到,黑人跟白人没有区别,应该得到平等的地位,实现这个国家建国时的承诺。北方将自己保存联邦的动机视为崇高的,奴隶制的存在,是先父们的革命尚未结束,他们要继续战斗,直到《独立宣言》的精神真正实现,让美国成为全世界自由的灯塔。在争论之中被引用的论据很多,其中宪法作为联邦的基本法、最高法,最被双方重视。双方尊重宪法并且试图从中找到有利于自身的支持,但是囿于宪法制定时特定的历史环境以及文本的限制,对于宪法的引用或者解释都难以获得对方的认同。美国宪法纵然神圣,参与辩论的人们也不得不承认宪法并不完善,这一场未能通过语言解决的冲突经历了漫长而惨烈的战争,最终尘埃落定,也将宪法中隐藏的意涵揭示地更为清晰,并且通过修正案的方式,废除了奴隶制,使得这部伟大的宪法终于不再为落后残忍的奴隶制背书。从双方激烈的言辞中可以看出他们对自身社会的信赖和维护、对荣誉丢失的恐惧、感受到了来自对方的威胁,双方没能通过语言和辩论达成妥协,避免自身制度或理念的倾覆,而是通过暴力,通过牺牲60多万的生命,带领这个年轻的国家,打破了政治僵局、解决了宪法危机、走出了道德困境。
[Abstract]:Civil war was one of the most important historical events in the history of the United States. It was caused by the long incompatible regional differences and many problems that could not be solved. As early as the late eighteenth Century and early nineteenth Century, the influx of immigrants in the north of the United States brought about the trend of reform, and the economy and technology developed rapidly and formed the free labor theory. While the old South was almost resisted to reform, they took slaves as the main labour force, agriculture as the main industry, and the old and stable social system continued. As the U.S. territory expanded westward in nineteenth Century, both sides wanted to apply their own system to New Territories, and the conflict broke out. The conflict between the two sides came from the economic injustice. The South believed that the legislation passed by the Congress was unfair, protected the industry and Commerce of the north, and plundered their interests. The Southern States thought they had the right to not carry out the injustice act. The growing dissatisfaction of the federal law and the insecurity in the Federation made the South begin to proclaim them from the union. From the beginning of the conflict to the end. In the first World War, the two sides launched a long and extensive debate, involving economic, political, constitutional and slavery issues. In order to safeguard their respective social systems, the two sides sought support from various aspects of history, law and nature in order to prove the legitimacy of various appeals, but could not reach a solution acceptable to both sides. It should include three aspects: Division and unity; slavery and abolition; freedom and equality. First, after the South began to withdraw from the union, the two sides debated on the issue of division and unity. This is one of the focal points of the conflict. The South believes that the state is still guaranteed by the contracting parties according to the nature of the constitution. Even as a constitution, the Constitution also endows the southern states with various rights, including the right to be opposed by the majority of the people, and the northern states have violated the constitution through legislation or judicature by the sacred original of the contract. The provisions of the provisions of the escape slave clause, which have been deliberately broken, have been removed from the constraints of the contract. The South uses a complete logic to express his views, from Madison's "right to intervene" (the states have the right to intervene in the federal act of violation of the Constitution) and to extend the "right of null" (the states have the right to do so. " It was declared that the act of unconstitutional law was invalid in the state), and at the end of the separation conference in South Carolina, the right was brought to the extreme - "the right of separation"; the North believed that the state was preceded by the existence of the States, and that the states were no longer completely independent after the states joined the Federation, and became an organic organ of the Union for the glory of the constitution of the United States. And the future efforts. The union should be able to live forever. Although the constitution is not clearly stipulated, it must imply the meaning. The concept of nationalism is better than all the other factors, and it becomes a consideration when Lincoln makes decisions. In his inaugural speech, it shows that slavery can be compromised and the constitution does not interfere with the existing slavery, however, however, On the issue of separatist the unyielding determination, he regarded the preservation of the Federation as the first priority. This nationalist sentiment was rendered in a number of great speeches in Lincoln, especially during the war, with the expansion of the administrative powers, and the post-war no unseparability or perpetual existence of the country into the constitution. Law, but the hidden meaning of the constitution has been fully revealed and reaffirmed, and the controversy over the split has been terminated since the current study no longer considers slavery as the leading cause of the war between the two sides, but it is still a topic that the American civil war can not bypass, and the two sides have also invested a lot of words and enthusiasm. The south is from the nature, history, and law. To demonstrate the necessity and necessity of slavery, and to deny the terrible situation of the slaves, that the living conditions of most of the slaves in the South have been the best home for the black. Of course, the constitutional rule of law in 1787 has established the existence of slavery, and in addition to the right of federal interference; and in the north of the tide of reform. In addition, a variety of anti slavery groups were formed, accusing the evil of slavery and calling for permanent abolition. Coupled with the idea of the flourishing free labor force at that time, more and more people in the north were intolerant of the system of forced labor, and finally to the political level, the major political parties began to respond to the problem of slavery, and to restrict slaves. The system was expanded to completely abolish slavery. The constitution was originally a barrier to slavery, and slavery under the constitution was protected. But because of the outbreak of the war, the federal state could not seek the guarantee of the constitution. The constitutional issue surrounding slavery changed, and the slaves within the Confederacy had been different from before the war. They It became a property used by the enemy. In the constitution, Lincoln's declaration of emancipation of the black slaves was an effective means to weaken the fighting power of the enemy. It was far from enough for the free or equal status of the black people. After that, Lincoln began to set up a constitutional amendment. In January 31, 1865, the Thirteenth Amendment of the United States was barely allowed. This amendment abolished slavery and broke through the Constitution's regulations on property: Liberating slaves without compensation for the slave owners, breaking the power of Congress and violating Lincoln's oath: he guaranteed that the civil war would not touch the interests of the slave owners who were loyal to the Federation. It was a major change to the basic law. The two sides contended. The foundation of the theory is the equality of the United States, the idea of freedom. Both sides believe that they inherit the revolutionary heritage of the founders and carry out their mission. The South states that their actions are equal to Washington's resistance to George III, and that the same spirit of freedom and independence makes the fathers out of the rule of England and the south. Free people were divorced from the Federation. Lincoln's speech at Gettysburg created a "free new life" and brought open and open concepts to the freedom of the country. The abolitionists began to believe that slavery was contrary to freedom and that slavery must be abolished uncompromising. The South pursued the principle of "white supremacy". Equality exists only among white men. The declaration of independence has challenged the declaration of independence, that life is unequal, and that there is no freedom of life; the North has gradually abolished the segregation of blacks from the black. The existence of one's own preservation of the Federation is regarded as sublime. The existence of slavery is not the end of the revolution of the fathers. They will continue to fight until the spirit of the declaration of independence is truly realized, and the United States is the Lighthouse of freedom in the world. There are many arguments cited in the debate, of which the constitution is the basic law of the Federation, the supreme law, the most double. The two sides respect the Constitution and try to find their own support from the constitution, but limited to the specific historical environment of the Constitution and the limitation of the text, the reference or interpretation of the constitution is difficult to identify with each other. A conflict that failed to be solved through language has gone through a long and tragic war, eventually the dust is settled, the implied meaning hidden in the constitution is clearer, and slavery is abolished through the amendment, which makes the great constitution no longer endorsed by the backward and forbearant slavery. To see the trust and maintenance of their own society, the fear of the loss of honor, the threat from the other, the two sides failed to reach a compromise through language and debate and avoid the overturn of their own systems or ideas, but through the violence, by sacrificing about 600000 of their lives, to break the political deadlock and to solve the problem. The constitutional crisis has gone out of the moral dilemma.

【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D771.2

【共引文献】