Author's Introduction

This book is a result of three lectures, which were delivered in the Hall of Gray's Inn, London, on June 13, 15, and 19, 1922, respectively, under the auspices¹ and on the invitation of the University of London. The invitation originated with the University of Manchester, which, through its then Vice-Chancellor², Dr. Ramsay Muir, two years ago graciously invited me to visit Manchester and explain American political institutions to the undergraduates. Subsequently I was greatly honoured when the Universities of Cambridge, Edinburgh and London joined in the invitation.

Unfortunately for me—for I greatly valued the privilege of explaining the institutions of my country to the undergraduates of these great Universities—my political duties made it impossible for me to visit England prior to June 1, about which time the Supreme³ Court of the United States, in which my official duties largely preoccupy⁴ my time, adjourns⁵ for the summer. Any dates after June 1 were inconvenient⁶ to the first three Universities, but it was my good fortune that the University of London was able to carry out the plan, and that it had the cordial co-operation of that venerable Inn of Court, Gray's Inn, one of the "noblest nurseries of legal training."

Thus I was privileged to address at once an academic and a professional audience.

I came to England for this purpose as a labour of love. I had no anticipation⁷ of success, for I feared that the interest in the subject-matter of my lectures would be very slight.

My surprise and gratification increased on the occasion of each lecture, as the audiences grew in numbers and distinction. Many leading jurists and statesmen took more than a mere⁸ complimentary⁹ interest, and some of them, although pressed with social and public duties, honoured me with their attendance at all three lectures. How can I adequately express my appreciation¹⁰ of the great honour thus done me by the Earl of Balfour, the Lord Chancellor, Lord Justice Atkin, the Vice-Chancellor of the University of London, and many other leaders in academic and legal circles—not to forget the Chief Justice of the United States, who paid me the great compliment of attending the last lecture. To one and nil¹¹ of my auditors¹², my heartfelt thanks!

I also must not fail to acknowledge the generous space given in the British Press to these lectures, and the even more generous allusions¹³ to them in the editorial columns. An especial acknowledgment is due to Viscount Burnham and The Daily Telegraph for their generous interest in this book. The good cause of Anglo-American friendship has no better friend than Lord Burnham.

This experience has convinced me that now, more than ever before, there is in England a deep interest in American institutions and their history. This is as it should be, for—for better or worse—England and America will play together a great part in the future history of the world. In double harness they are destined¹⁴ to pull the heavy load of the world's problems. Therefore these "yoke-fellows in equity¹⁵" must know each other better, and, what is more, pull together.

As I was revising the proofs of these lectures in beautiful Chamonix, the prospectus¹⁶ of the Scottish-American Association reached me, in which its Honorary Secretary and my good friend, Dr. Charles Sarolea, took occasion to make the following suggestion to his British compatriots:

"To remove those causes of estrangement¹⁷, to avoid a fateful catastrophe¹⁸, in other words, to bring about a cordial understanding with America, the first condition must be an understanding of America. Such an understanding, or even the atmosphere in which such an understanding may grow, has still to be created. It is indeed passing strange that in these days of cheap books and free education, America should be almost a 'terra incognita,' that we should know next to nothing of American history, of the American Constitution, of American practical politics, of the American mentality¹⁹. We scarcely read American newspapers or American books. Even such masters of classical prose as Francis Parkman, perhaps the greatest historian who has used the English language as his vehicle, are almost unknown to the average reader. Our students do not visit American universities as they used before the War to visit German universities. The consequence is that again and again we are running the risk of perpetrating the most grotesque²⁰ errors of judgment²¹, of committing the most serious political blunders, in defiance²² of American public opinion."

The success of my Gray's Inn lectures convinces me that Dr. Sarolea underestimates the interest in America and its history in England. However, the episode, which is treated in these lectures, is, as he says, "terra incognita" not only in England, but even in the United States. It is amazing how little is known in America of the facts given in my second lecture. The American student, after rejoicing in the victory at Yorktown and the end of the War of Independence, generally skips about eight years to 1789, mid²³ his interest in the history of his own country recommences with the inauguration²⁴ of President Washington.

Students of history in both countries thus miss one of the most interesting and instructive chapters of American history, and indeed of any history.

I have ventured to add to my Gray's Inn lectures another address, which I delivered as the "annual address" at the session of the American Bar Association in Cincinnati, Ohio, on August 31, 1921. I do so, because it has a direct bearing on the decay of the spirit of constitutionalism both in America and elsewhere. It discusses a great malaise of our age, for which, I fear, no written Constitution, however wise, is an adequate remedy. It was published in condensed form in the issue of the Fortnightly for October, 1921, and an acknowledgment is due to its courteous²⁵ editor for permission to republish it.

I have forborne in these lectures to make more than a passing reference to the League of Nations and the great Conference which framed it, tempting²⁶ as the obvious analogy was. The reader who studies the appendices will see that the Covenant²⁷ of the League more nearly resembles the Articles of Confederation than the Constitution of 1787.

I only mention the subject to suggest that the reader of these lectures will better understand why the American people take the written obligations of the League so seriously and literally²⁸. We have been trained for nearly a century and a half to measure the validity and obligations of laws and executive acts in Courts of Justice and to apply the plain import of the Constitution. Our constant inquiry²⁹ is, "Is it so nominated" in that compact? In Europe, and especially England, constitutionalism is largely a spirit of great objectives and ideals.

Therefore, while in these nations the literal obligations of Articles X, XI, XV, and XVI of the Covenant of the League are not taken rigidly³⁰, we in America, pursuant to our life-long habit of constitutionalism, interpret these clauses as we do those of our Constitution, and we ask ourselves, Are we ready to promise to do, that which these Articles literally import, join, for example, in a commercial, social and even military war against any nation that is deemed an aggressor, however remote the cause of the war may be to us? Are we prepared to say that in the event of a war or threatened danger of war, the Supreme Council of the League may take any action it deems wise and effectual to maintain peace? This is a very serious committal. Other nations may not take it so literally, but with our life-long adherence³¹ to a written Constitution as a solemn contractual obligation, we do.

This is said in no spirit of hostility³² to the League, but only to explain the American point of view. Since I delivered these lectures, I took a short trip to the Continent, and while sojourning in Geneva, made a visit to the offices of the League. All I there saw greatly interested me, and I could have nothing but a feeling of admiration³³ for the effective and useful administrative³⁴ work which the League is doing.

The men who framed the Covenant of the League tried to do, under more difficult, but not dissimilar, conditions, what the framers of the American Constitution did in 1787. In both cases the aim was high, the great purpose meritorious³⁵. Those Americans who, for the reasons stated, are not in sympathy with the structural³⁶ form and political objectives of the League, are not lacking in sympathy for its admirable administrative work in co-ordinating the activities of civilized³⁷ nations for the common good. In any study of a World Constitution, the example of those who framed the American Constitution can be studied with profit.
JAMES M. BECK.

Chamonix,

July 14, 1922.

1 auspices   

n.资助，赞助

参考例句：

• The association is under the auspices of Word Bank.这个组织是在世界银行的赞助下办的。
• The examination was held under the auspices of the government.这次考试是由政府主办的。

2 chancellor   

n.(英)大臣；法官；(德、奥)总理；大学校长

参考例句：

• They submitted their reports to the Chancellor yesterday.他们昨天向财政大臣递交了报告。
• He was regarded as the most successful Chancellor of modern times.他被认为是现代最成功的财政大臣。

3 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

4 preoccupy   

vt.使全神贯注，使入神

参考例句：

• But at the moment he had other things to preoccupy him.不过当时有另外的事情分了他的心。
• An intelligent man considers the prospect of failure,but he doesn't preoccupy himself with pointless worry.一个聪明的男人可以预见到失败，但他绝不会去无谓地担心。

5 adjourns   

（使）休会， （使）休庭( adjourn的第三人称单数 )

参考例句：

• Congress adjourns in 3 weeks, we can't do this alone. 距国会开会只有3个星期，我们不能单干。
• And so, at six in the morning, a victorious Convention adjourns. 这样，早上六点，胜利的国民议会休会了。

6 inconvenient   

adj.不方便的，令人感到麻烦的

参考例句：

• You have come at a very inconvenient time.你来得最不适时。
• Will it be inconvenient for him to attend that meeting?他参加那次会议会不方便吗？

7 anticipation   

n.预期，预料，期望

参考例句：

• We waited at the station in anticipation of her arrival.我们在车站等着，期待她的到来。
• The animals grew restless as if in anticipation of an earthquake.各种动物都变得焦躁不安，像是感到了地震即将发生。

8 mere   

adj.纯粹的；仅仅，只不过

参考例句：

• That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
• It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。

9 complimentary   

adj.赠送的，免费的，赞美的，恭维的

参考例句：

• She made some highly complimentary remarks about their school.她对他们的学校给予高度的评价。
• The supermarket operates a complimentary shuttle service.这家超市提供免费购物班车。

10 appreciation   

n.评价；欣赏；感谢；领会，理解；价格上涨

参考例句：

• I would like to express my appreciation and thanks to you all.我想对你们所有人表达我的感激和谢意。
• I'll be sending them a donation in appreciation of their help.我将送给他们一笔捐款以感谢他们的帮助。

11 nil   

n.无，全无，零

参考例句：

• My knowledge of the subject is practically nil.我在这方面的知识几乎等于零。
• Their legal rights are virtually nil.他们实际上毫无法律权利。

12 auditors   

n.审计员，稽核员( auditor的名词复数 )；（大学课程的）旁听生

参考例句：

• The company has been in litigation with its previous auditors for a full year. 那家公司与前任审计员已打了整整一年的官司。
• a meeting to discuss the annual accounts and the auditors' report thereon 讨论年度报表及其审计报告的会议

13 allusions   

暗指，间接提到( allusion的名词复数 )

参考例句：

• We should not use proverbs and allusions indiscriminately. 不要滥用成语典故。
• The background lent itself to allusions to European scenes. 眼前的情景容易使人联想到欧洲风光。

14 destined   

adj.命中注定的；(for)以…为目的地的

参考例句：

• It was destined that they would marry.他们结婚是缘分。
• The shipment is destined for America.这批货物将运往美国。

15 equity   

n.公正，公平，（无固定利息的）股票

参考例句：

• They shared the work of the house with equity.他们公平地分担家务。
• To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

16 prospectus   

n.计划书；说明书；慕股书

参考例句：

• An order form was included with the prospectus.订单附在说明书上。
• The prospectus is the most important instrument of legal document.招股说明书是上市公司信息披露制度最重要法律文件。

17 estrangement   

n.疏远，失和，不和

参考例句：

• a period of estrangement from his wife 他与妻子分居期间
• The quarrel led to a complete estrangement between her and her family. 这一争吵使她同家人完全疏远了。 来自《简明英汉词典》

18 catastrophe   

n.大灾难，大祸

参考例句：

• I owe it to you that I survived the catastrophe.亏得你我才大难不死。
• This is a catastrophe beyond human control.这是一场人类无法控制的灾难。

19 mentality   

n.心理，思想，脑力

参考例句：

• He has many years'experience of the criminal mentality.他研究犯罪心理有多年经验。
• Running a business requires a very different mentality from being a salaried employee.经营企业所要求具备的心态和上班族的心态截然不同。

20 grotesque   

adj.怪诞的，丑陋的；n.怪诞的图案，怪人（物）

参考例句：

• His face has a grotesque appearance.他的面部表情十分怪。
• Her account of the incident was a grotesque distortion of the truth.她对这件事的陈述是荒诞地歪曲了事实。

21 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

22 defiance   

n.挑战，挑衅，蔑视，违抗

参考例句：

• He climbed the ladder in defiance of the warning.他无视警告爬上了那架梯子。
• He slammed the door in a spirit of defiance.他以挑衅性的态度把门砰地一下关上。

23 mid   

adj.中央的，中间的

参考例句：

• Our mid-term exam is pending.我们就要期中考试了。
• He switched over to teaching in mid-career.他在而立之年转入教学工作。

24 inauguration   

n.开幕、就职典礼

参考例句：

• The inauguration of a President of the United States takes place on January 20.美国总统的就职典礼于一月二十日举行。
• Three celebrated tenors sang at the president's inauguration.3位著名的男高音歌手在总统就职仪式上演唱。

25 courteous   

adj.彬彬有礼的，客气的

参考例句：

• Although she often disagreed with me,she was always courteous.尽管她常常和我意见不一，但她总是很谦恭有礼。
• He was a kind and courteous man.他为人友善，而且彬彬有礼。

26 tempting   

a.诱人的, 吸引人的

参考例句：

• It is tempting to idealize the past. 人都爱把过去的日子说得那么美好。
• It was a tempting offer. 这是个诱人的提议。

27 covenant   

n.盟约，契约；v.订盟约

参考例句：

• They refused to covenant with my father for the property.他们不愿与我父亲订立财产契约。
• The money was given to us by deed of covenant.这笔钱是根据契约书付给我们的。

28 literally   

adv.照字面意义，逐字地；确实

参考例句：

• He translated the passage literally.他逐字逐句地翻译这段文字。
• Sometimes she would not sit down till she was literally faint.有时候，她不走到真正要昏厥了，决不肯坐下来。

29 inquiry   

n.打听，询问，调查，查问

参考例句：

• Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
• The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。

30 rigidly   

adv.刻板地，僵化地

参考例句：

• Life today is rigidly compartmentalized into work and leisure. 当今的生活被严格划分为工作和休闲两部分。
• The curriculum is rigidly prescribed from an early age. 自儿童时起即已开始有严格的课程设置。

31 adherence   

n.信奉，依附，坚持，固着

参考例句：

• He was well known for his adherence to the rules.他因遵循这些规定而出名。
• The teacher demanded adherence to the rules.老师要求学生们遵守纪律。

32 hostility   

n.敌对，敌意；抵制［pl.］交战，战争

参考例句：

• There is open hostility between the two leaders.两位领导人表现出公开的敌意。
• His hostility to your plan is well known.他对你的计划所持的敌意是众所周知的。

33 admiration   

n.钦佩，赞美，羡慕

参考例句：

• He was lost in admiration of the beauty of the scene.他对风景之美赞不绝口。
• We have a great admiration for the gold medalists.我们对金牌获得者极为敬佩。

34 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

35 meritorious   

adj.值得赞赏的

参考例句：

• He wrote a meritorious theme about his visit to the cotton mill.他写了一篇关于参观棉纺织厂的有价值的论文。
• He was praised for his meritorious service.他由于出色地工作而受到称赞。

36 structural   

adj.构造的，组织的，建筑（用）的

参考例句：

• The storm caused no structural damage.风暴没有造成建筑结构方面的破坏。
• The North American continent is made up of three great structural entities.北美大陆是由三个构造单元组成的。

37 civilized   

a.有教养的，文雅的

参考例句：

• Racism is abhorrent to a civilized society. 文明社会憎恶种族主义。
• rising crime in our so-called civilized societies 在我们所谓文明社会中日益增多的犯罪行为