Books by


o/ Leland Stanford Junior University
$1.12 net,

The Art of Debate
XV4-279 pp.

A practical manual of argumentation and debating,

systematic to be serviceable as a text-book. Legal argument taken as a means of approach to the treatment of such matters as burden of proof and evidence; and the classification of methods of proof is based on the exigencies of actual debate. " It is a fresh Prof. E. N. Scctt, University 0/ Michigan : and interesting treatment of the subject, packed with ideas in a most delightful and taking away. expressed

English Verse
With Specimens illustrating
xiv4-459 pp.
its Principles

and History


$1.25 net.

Bliss Perry ^ Editor of the Atlantic Monthly : " It is a skillfully planned and admirably compact handbook. I know of no treatise on versification which is so well adapted for practical use in the classroom.'*

Introduction to Poetry
xvi4-37i pp.


$1.25 net.

discussion of the theory of poetry, treating the various classes of poems separately, problems of the inner nature of poetry and the technical metric subdivisions.


Henry Holt and Company
Nbw York







Copyrisrht, 1900,





5ame0 pather Dall

5o0epb packer






has suggested that the discussion of such a subject. in the practice of formal debate. may be of service to various kinds of readers.PREFACE. If any form of de- any consideration may be claimed for the particular manner in which the subject is treated. at a time when of the making of many books of rhetoric there is no end. the book in is designed to be helpful to those interested bate. revised so as to meet the needs of others besides college students. A LARGE part of the contents of this book is based on material originally prepared for students of argumentation at Harvard College and the Uni- The interest lately deversity of Pennsylvania. there is any difference between the order of theory . In its present form. then. tents has been drawn directly from the writer's exits perience as a participant in and an observer of deIn the arrangement of material. together veloped with the interest in general debate which is always found in democratic communities. where bates. it is hoped it may be for The great part of the conpractical character.

and that is gestures- —analyzed to the utmost —are just forty-five in number. tc look at the whole subject less from the standpoint of the theorist than bater. the The temptation to be latter has been preferred. a just as rhetoricians are seldom distinguished writers.VI PREFACE. Philosophers have seldom been successful debaters. But in the law public debate has been forced to . that methods of proof may be reduced to a table of seventeen divisions and sub-divisions. besets the writer of anything like a text-book. being related to the science of logic. at the expense of every other consideration. is peculiarly susceptible of artificial treat- ment. The subject of argumentation. and in that profession only. and the order suggested by common practice. It is for just this from that of the practical de- has been general fession for largely It is in the prosubject of debate. that no little self-control required to abstain from inflicting such classifi- cations on one's students or readers. But the aim of the present writer has been. and professional elocutionists seldom orators. of the law that the art of debate has taken reason that legal argument as the basis for the long time achieved a highly practical development. while placing stress on systematic presentation. highly systematic. It is so fascinating to discover that of speech may be classified under twentyfigures nine heads.

— On the other hand. and of presenting " them with convincing effect. perience of schools and colleges where regular courses in debate have been established indicates that rudimentary endowments. opportunities for practice. order. It must. are proficient in its soon come. may be so developed under intelligent recipe for training as to produce unexpectedly happy results. but also the art of selecting and arranging their arguments." There is a sense in which a hand-book art is of any Good deeither inadequate or superfluous. however. It is vain to write rules for one who has neither a knack But the exat reasoning or a gift of expression. both of reason and expression. It may be said of them as in the famous cooking hare: first catch your man. the law has much to learn from logic and rhetoric. when our law schools will have to teach their students not only the law. Readers familiar with the literature of this ." said a distinguished lawyer recently. like most good folk. be understood that for every pre- cept there must be a dozen.PREFACE. or a hundred. Many who subject-matter are quite unfamiliar with the art of " The time will using their knowledge efifectively. are not to be made to baters. and we may look to it for guidance while not necessarily try- — ing to master its artificial system whenever our object is to convince and persuade practical men. Vll cut a straight path toward success.

viu will PREFACE. Thanks are also to be recorded for most friendly and helpful advice received from Dean William Draper Lewis. Genung. Sheppard's "Before an Audience. " or. Other books which have been found " helpful are Professor Sidgwick's '* Process of Argu- ment." the Rhetorics of Professors A. to develop a practisystem of instruction in argumentation. Especially in the treatment of analysis and allied matso far as " the chapter on Preliminary Work. all suggestive and thoroughly readable books.'* George P." Professor Thayer's Preliminary Treatise on Evidence at the Common Law. in made same subject. who was the I The cal am aware. and Buckley's Extemporaneous Oratory for Professional and Amateur Speakers" (Eaton & Mains). such as Baker's Specimens of Argu- . and Professor George & — Wharton Pepper. subject not '* need to be told of my in- debtedness to by Professor first. Baker. It will of the Law School of the Univerlike this sity of Pennsylvania." I have use of Professor Baker's presentation of the ters. the Use of the Will in Public Speaking (Funk " & Wagnalls). be found helpful to use a manual in connection with a good collection of specimens " of argument. Principles of Argumentation. F. Hill and J. S. and Pro" fessor Wendell's English Composition." I may also recommend '' Holyoake's Public Speaking and Debate to those interested in the subject " (Ginn Company).

M. . But chief point is constant practice under comthe mentation. or Johnston's " Rep(Henry " resentative American Orations (Putnam's).PREFy4CE. March. IX Modern Political OraWagner's tions Holt & Co. 1900. A. Philadelphia." " " petent criticism R.).


22 ^ 23 26 27 29 31 Preliminary Importance Work of Analysis 31 Defining the Question Conditions of the Question Narrowing the Question Analysis of Jury Question Analysis of Copyright Question xi 32 33 34 35 36 .TABLE OF CONTENTS. 6 8 lo Subjects of Debate Propositions as Subjects for Debate Subjects to be Avoided Qualities of Good Subjects The Wording of the Proposition Affirmative Form Brevity and Exactness Fairness and Impartiality lo ii i8 i8 i8 19 21 Formal Debates Legal Debate Qasses of Legal Arguments General Debate Debate Looking toward Action III. CMArrHR I. PACK i Nature of Debate What Debate is The Basis of Debate What Debate Involves Conviction and Persuasion i i 3 4 5 The Power of Persuasion Danger of Conviction or Persuasion alone Science and Art Distinguished II.

PACK Analysis of Silver Question Analysis of Legal Questions Analysis of Venezuelan Question Results of Analysis Study of Both Sides Gathering of Material Facts and Opinions 36 38 40 41 42 44 45 47 Arguments of Others Tabulation of Material The Outline or Brief Form of Outline Outline on Woman's Suffrage 48 50 52 53 Legal Briefs 58 61 61 IV Burden of Proof Burden of Proof Defined Legal Definition of Proof and Presumption Term used in Two Senses Burden of Proof in Formal Debate 62 63 65 66 67 68 Burden How the Burden may Shift Burden of Proof in General Debate Methods of Shifting the Burden Presumption in Expansion Question Presumption in Suffrage Question Relation of Af^rmative and Negative 69 71 72 74 -^y V Methods of Proof All Proof Inference from Experience yy Establishing of Facts Credibility of Witnesses Use of Testimony in Debate 79 80 82 83 84 85 Expert Testimony and Authority Limitations of Authority Use of Argument from Authority Processes of Reasoning 86 87 A priori Evidence . Preliminary Work— Continued.xu CHAPTER III. TABLE OF CONTENTS.

Methods of Refutation What is to be done with the Opposite Questionmg of Facts Attacking Testimony Refutation of Authority Refutation of a priori Evidence Refutation of Example Refutation of a posteriori Evidence 106 Side? 106 107 108 no ill 113 „ 114 115 Causes and Effects Fallacies or Gaps Begging the Question Ignoring the Question Reductio ad Absurdum 117 118 120 122 The Dilemma Facts in Refutation Methods of Refutation Summarized The Principle of Refutation Distinction between Opposing Arguments 126 127 128 130 131 Knowledge of the Other Side 133 134 Attitude toward Opponent Persuasive Refutation 136 137 VII. Structure and Style Matter and Form The Outline the Basis of Structure The Introduction 137 137 138 . Methods of Proof Continued.Ty4BLE CHAPTER OF CONTENTS. Value of Proof of Antecedent Probability Antecedent Probability in General Debate — PAGB 88 90 90 92 94 95 97 98 lOO 105 Analogy or Example Abuse of Analogy A posteriori Evidence Limitations of Circumstantial Evidence Processes of Reasoning Proof Questions of Policy Typical Schemes of Proof in Honesty VI. Xill V.

184 187 187 188 . of VAaS VII. Artistic Qualities Great Ideas VIII. The Spoken Debate Relation of Written and Spoken Speech Advantages of Writing Preparation for Delivery 189 . Structure Two Methods Order of Approach ^ 139 . Development of Finished Argument The Compact Style The Diffuse Style The Compromise The Laws of Style in Argument Clearness 155 156 158 i6o 164 165 166 167 168 Economy of Time Art of Condensation Citation of Authorities Time Required for Condensation 172 173 Force Sources of Force Concreteness Figures of Speech 174 174 176 177 180 182 182 184 Use of Illustrations Legitimate and Illegitimate Illustrations Elegance Persuasiveness ..xiv CHAPTER TABLE Of CONTENTS and Style — Continued. Proof Exigencies of Debate Inverted Refutation 141 142 143 145 The Conclusion Summaries Persuasiveness in the Conclusion Different Kinds of Conclusions Relation of Structure and Style Paragraph Structure Transitions 146 147 148 151 152 154 Illustrated.

CMAPTBB xv FAGE VIII. Expansion in the 217 221 Eastern Hemisphere 221 The Retirement of the Greenbacks The Venezuelan Message Briefs Brief of a Legal Argument Brief of Macaulay's Speech Brief on the Retirement of 230 236 243 243 on Copyright the Greenbacks 249 253 Brief on the Restriction of Trusts 257 267 Propositions for Debate.TABLE OF CONTENTS. .. The Spoken Debate— Continued. of Use Notes of 192 Degree Danger Extemporization of Memorization 192 194 195 197 Fluency Expansion of Speech Preparation for Rebuttal Armed with Material 197 198 199 202 Extemporaneous Refutation Rapidity of Thought Place of Delivery Qualities of Delivery 203 205 205 206 207 Clearness Enunciation Purity of Tone Force Vigor and Variety Pitch 209 210 211 Elegance Posture Gesture Training for Delivery Relation of Speaker to Audience 212 213 213 214 215 Appendix Arguments..


If argumentation is the art of convincing others of the truth or falsity of a disputed matter, debate may be said to be the art of doing this what

under conditions such that both sides of ^«^a*«i«' the case can be heard and that the advocates of
It is clear that,

each side can reply directly to those of the other. while such debate can be carried on

through written arguments,



best adapted to

the conditions of public speech; and it is to such conditions that the word is commonly applied. In its simplest form debate is universally practiced; for its use


men look

depends only on the fact that difat many matters from The Basis

different points of view, while nevertheless it is always assumed that they can reach the
If I should truth by precisely similar processes. differ with a friend on a point the truth of which

beyond human attainment, it would be useless for us to debate it; and in the same way if the


r//£ /^/er


truth were believed to be attainable, and yet if friend and I were so differently constituted that


could never arrive at truth by the same path, argument would be equally out of place. But as a

matter of


experience shows that, while from a

superficial point of ferent methods of

view there are a thousand


forming opinions, yet



reason by what are fundamentally the same processes. If, then, I have discovered the truth for
myself, I may with confidence undertake to lead my friend along the path which I followed in

search of

one, and that
in the end.

Once granted that the path is a clear we are both perfectly reasonable beand we cannot fail to arrive at the same point



from this point of view, argumentaso simple and so universal a process, from

another it is an art of some difBculty and complicaReal men are never perfectly reasonable betion. ings: their reasoning processes are modified by inheritance, education, or personal interest. And few disputed matters are so easily determinable that

one who does not understand something of the laws of argument will be able to convince another who sees them in a different light from himself. When we add to this the problem of convincing whole groups of men, and the further problem of meeting attacks on one's opinion at the very moment when they are made, the matter becomes a

large one.


So it happens that in every period and every community there are but a few skillful debaters, and that they are likely to be among the
most useful and the most prominent members



are especially notable in self-gov-

erning communities, where large bodies of people have not only to decide questions but to act as a

upon their decision; here the orator and the debater become leaders of men. The mental habits which go to make a good deunit

bater are of the highest type, and are usually developed only by considerable training.

the ability to find out as involves, well as to defend the truth, the ability to analyze keenly and sift the essential from the trivial, the



willingness to consider questions apart from the

prejudices with which one is tempted to view them, and finally, the power of expression. To these must

be added, for one



be successful in active

debate, the ability to decide quickly which of two or three possible lines of attack shall be chosen,

and the power
in a

of rapidly arranging one's




make them seem

reasonable to others.
It is

These are not every-day



of one's acquaintdistressing to reflect ances are in the habit of forming their opinions apart from personal interests, inherited tastes,

how few

popular opinion, or other forms of prejudice. Not one man in ten or twenty does anything of the

It is

one of the highest aims of education

to bring about conditions under which opinions will be held because they have been legitimately

earned, not lazily inherited or borrowed. This judicial habit of mind is the deadliest foe to popular

eloquent sophistry, and the like



doctrines which, on analysis, prove to be logical tramps, without visible means of support. Again, the judicial habit of mind is frequently found without the accompanying gift of expression. are



acquainted with people


can reason


well but are perfectly incapable of imparting their reasons to any one else. They cannot so much as

give clear directions for finding a given street and number, without resorting to diagrams or gestures
to atone for inadequate statement.

Qever people

by various it may be, pr perhaps devices, by bluster and bravado; in such ways they may make a good impression, but without the ability to express processes of reasoning they cannot produce permanent results. The good debater, then, must be able both to find reasons and to give them. When we look a little more closely at the work

make up

—by wit and humor,

for deficiency in this respect

of the debater,
Oon^otion and Persua-


see that


consists in


the expression of a train of ^ sion. reasoning, or even the ability to make others admit that one's reasoning is correct. One

more than

may wish

to induce his hearers not only to agree

for. citizen of a western Let us. This. It may be that this conquest of the disposition will come after the conquest of the intellect. that it is impossible for the listener to avoid the conviction that his position has been overthrown. goes to hear a speaker defend the ™ « The Power of Persua- gold standard. however. and experience shows that action does not by any means always follow conviction. standing by themselves at least. — — ov it may be that it must come first in order to make the conquest of an obstinate intellect possible. A State. to his doctrine but to act 5 upon it. The first has to do with the ability to show that one's reasoning is right. But further. we will suppose. the second with the power to dispose one's hearers to accept the reasoning as their own. who has been educated to believe in a silver basis for our national finance. even when no is action desired. it is not enough merely to force it. If the speaker treats the advocates of silver with such scorn that the man in the audience if treated. or feels himself personally illthe interests of the class or section . The arguments advanced are so powerful. and if need be to act u^n it.NAfURE OF DEBATE. take an example. is not enough." From these considerations it has become common to say that the two great divisions of argument are Conviction and of the Persuasion. admissions. as the familiar saying has is one who " is convinced against his will (fundamentally) same opinion still.

the power of reaching the reason. the will still speaker should exhibit such sympathy with his opponents as to create the impression that all classes of citizens are equally his friends. but be utterly without sympathy for the position of his opponent. his hearer might not only be forced to admit himself in the wrong. It should never bn forgotten that such weapons as scorn and sarcasm. side in all successful debate. both in matter and manner. cannot be one wishes to win whom over to his own side. and another part to the other. bu*. then. and if he should show a conciliating appreciation of the way in which the advocates of a silver standard come to take the position that they do. He will feel incapable. It is not oue part of a speech is to be given up to the one.Q THE ART OF DEBATE. perhaps. of self-defense. is to be that . which he represents are entirely neglected in the argument. while they may relieve the feelings of one who knows himself beaten. If. actually be well disposed to submit himself to th'A guidance of the other's mind. our hearer will go away with much the same feeling that he would have if he had been knocked down by a stronger man in a controversy. but that the whole. and the power of winning the dispositlon and moving the will. belong side by Dangerof wPwsua^ sion alone. on the other hand. These two elements. or serve to entertain the friend's of one who is safely used against those certain of victory.

who fails to perceive the absence of real argument. on behalf of the most unrighteous cause. if there be no deposit leave results uncertain. but before trained hearers. and unjust. because when the emotion aroused by eloquence has passed away. ' J made to serve the ends of each. What has already been said has perhaps indicated sufficiently the danger of mere conviction without persuasion. In the case of popular audiences its solid matter —the — orator and it may win temporary success. temporary. Debate that is purely persuasive will uncertain. The opposite fault is even more serious. With either neg- lected the full effect cannot be secured. such as judges in courts of law or any . because a gifted speaker can make appeals both alluring and deluding. into humiliatingly untenable positions. no reliance can be placed upon the future attitude of those addressed. The temptation to substitute the mere auxiliaries of debate for great temptation of the the demagogue of every campaign will be carefully shunned by the keen and class honest thinker. and lead the careless hearer. Many debaters who feel forcibly the necessity of winning the sympathy of their audience. depend too enespecially if they are gifted in promoting tirely — good-nature or arousing passion upon this side of their work. because of rational conviction. and unjust: emotions are of themselves much more variable than the processes of reason.NATURE OF DEBATE. — temporary.

8 THE ART OF DEBATE. reasonins: in It is true that Science and ArtDis- must proceed on scientifically f j accurate lines. it is perilous from iirst to Individuals differ greatly among themselves as to the element of debate on which they are likely to lay most stress. . Another will seize upon the elements susceptible of emotional or rhetorical treatment. but their works are read to-day only for historical reasons. and describes them. It must be evident from all this why we speak of the o . laws an after-thought. never proved practically In every age men are obliged to attack freshly the doubtful matters . not so much to furnish guides for future travelers as from scientific curiosity. art. and slight the essentials. Their formal processes have fruitful. Logic looks back over the paths which every one's mind has trod. and that there is a science (^ea^ij^g ngnis e . with the laws of state its called Logic. without appreciating the chance of making it attractive. is But to and classify these procedure. Each should guard against his particular temptation. not the science. and strive after a finished whole. The mediaeval theologians and philosophers believed that they could demonstrate all truth by the processes of formal logic. of debate. without regard to knowledge of their Latin names. highly intelligent bodies. but they can usually be assumed to be familiar. last. Its processes must be rigidly followed. One v^ill be disposed to pursue the rigid 'essentials of a discussion.

and the adapting one's material to his hearers so as to win their favor and affect their conduct. Clearly the art that involves all this is of no mean order. So it is that debate is an art. the secret of clear and rapid expression of art of intellectual processes. and aims to move the will. These. and cannot be mastered by the aid of mere rules. Its masters have the power that makes leaders of men.NATURE OF DEBATE. and direct the opinions of others have to change go about say. just as any ot these can be studied and analyzed and practiced. and adapt them to constantly changing conditions. and to reason 9 them out according to the circumstances in which they In every age those who would find themselves. In this respect it is like music and poetry and painting. but on the other hand. . but admits of almost infinite variation and development. then. that arise before their minds. It goes further than those which reach only the intellect or the emotions. so in debate it will not be useless to take up the sub- ject in a systematic way. are the problems we have to conthe use of the universal laws of reasoning. reasoning to the particular people with whom they have to deal. sider: the development of the habit of analysis and of un- — prejudiced methods of investigation. from the human point of view that is to they have to apply the universal processes of it .

it will state clears the ground the negative. The principal verb of the proposition will state the affirmative. - Debate. deliberative bodies. of discussion very serviceably. can in fact be reduced to such a proposition. whether it be read affirmatively or reversed so as to it must state 10 . It is clear that if ought there is to be rational debate on the proposition. and to so reduce them often distinct sides. It has an antagonist constantly m . mmd.11. whether in courts of law. Debate differs from other forms of discourse in Propositions as Subjects for presupposing two sides for the subject discussed. then. one of theory or policy. both of them capable of fair presentation. mentatively.^ SUBJECTS OF DEBATE. j^^ it such that subject fof debate. for a proposition is the only form of words which has two an affirmative and a All matters which men discuss argunegative. or private life.jf it is If will frequently be or some similar auxiliary. the verb will the question is one of pure fact. the verb something sufficiently distinct and reasonable to be capable of fair presentation. ^ . . commonly be the verb tpbe^. must be can be reduced to the form of a propo- sition. if a negative word is added.

the control But where debate is engaged in for practice. Yet where accuracy is demanded. both sides Much debate is carried on. a few sugges- . and the like. it need hardly be observed. the wording of which is scrutinized with the utmost care. pleas. In real life questions at issue arise from circum- stances of the disusually beyond is to state putants. bills. With such cases in mind. and resolutions in dehberative bodies. State the matter negatively. stricted. with no form of words in mind as a proposition. and the only problem them and analyze them as clearly as may ^g^^^^gi^e^^ be. to which disputants are rigidly held. or where a decision of any sort is to be rendered for one side or the other. debate is at its best. and to the exact discussion of which the disputants are reIn like manner we have motions. intercollegiate contests. when the form of words discussed represents most perfectly the real question at issue. broadly speaking. motions. and the like. So in courts of law we find indictments. H is This of course a very different thing from saying that must be capable of positive proof. such a form of words is almost necessary. the subjects debated are chosen. which are intended to represent accurately the real question In all these cases the quality of to be discussed.SUBJECTS OF DEBATE. as in literary organizations. by those who are to discuss them. even in matters of public importance.

''ReThat the sum of the three angles of a triangle always equal to two right angles. is gent debate cannot be held on the question. Yet it is not uncommon to hear debates on propositions whose obviousness is concealed only by verbal ingenuity. 2. some time is But this exposition at the only preliminary to the arguits to ment proper. it Obvious propositions. But it is clear that an intelli- solved. but the proposition involving the word cannot really be debated until the doubtful meaning has been settled. so that it may be necessary to give outset. It is not inconsistent with this to say that an obvious truth may be the foundation for the argument on one side or another of a disputed matter. may be made regarding debatable subjects.xa THE ART OF DEBATE. as in the case of a geometrical theorem. In such cases the meaning of the word may be a legit- imate subject for discussion. and the . Let us put these in the form of warnings against certain sorts of topics which are to be avoided for tions formal debate. or that the cruelties of the Turks are reprehensible. generally accepted truth. As a matter of practice may sometimes be instructive to demonstrate a 1. Propositions the truth of which depends wholly on the meaning of some ambiguous word or zvords." Neither can one debate successfully the statement that temperance is a useful virtue. or that Shakespere was a great poet.

The question." would be more easily handled. is no reason why they may not be well argued on both sides. as the question of the immortality of the soul. Propositions the truth or error of which is practically incapable of demonstration. By this it is not 3. On the other hand. Cleveland's interpretation of the Monroe Doctrine in the Venezuelan boundary question should receive the support of every American. "Resolved. questions whose wording is such as to give neither side . In a debate the two sides would be likely to disagree utterly in their expretation of position of the question." would depend wholly on the interpretation of the phrase " Monroe Doctrine. their limitations being frankly admitted." upon which there is by no means general agreement. That the Monroe Doctrine should receive the support of every American.SUBJECTS OF DEBATE. meant to include questions dealing with matters where evidence is difficult to obtain and final proof usually admitted to be only approximate. That Mr. for example. such. There is nothing more unprofitable than a debate in which much time is spent in wrangling over the inter- some ambiguous term. "Resolved. X3 proposition will then have been shown to be true or false by the very act of definition. while they might find themselves without cause for dispute if they could agree on a definition. Such matters need to be discussed with great but there caution. Thus the question.

frequently treated in deliberative bodies. then. and the like. Each side might also adduce certain disadvantages opposing profession. Propositions involving more than one main issue. In like manner. That the pulpit affords more opportunity for eloquence than the bar. They need to be treated as motions are who perceives the difficulty of debating more than one proposition for debate. A . thing at a time. while they may be interesting topics for general discussion. vague questions of taste. divided on the demand of some member — ^that is. are unsuitable for debate. Such questions cannot always be avoided in real life. The difficulty is sufficiently obvious. are unsuited to formal debate. The proposition makes a comparison. "Resolved." The natural course of events in a debate on such a proposition would be for the affirmative to heap up examples of ecclesiastical eloquence. but no standard of comparison could be found by which to make any definite demonstration. 4. and the negative to rejoin with accounts of forensic oratory. and the only consolation for the audience would be that the question is one in the of no real moment to any human being. but there could be no adequate proof or adequate refutation. such as the comparative value of the work of certain poets.X4 THE ART OF DEBATE. but when one has a choice of subjects they are to be shunned. reasonable hope of refuting the position of the other. / An example is the old question.

" That the supporters of the Populist party have substantial grievances which their movement is likely Questions of this kind are not imposbut they become dangerously confusing.SUBJECTS OF DEBATE. discussion. especially when it is desired to win a deciA question sion on the merits of the argument. on its face. it may include matters incon- one another from the point of view of An interesting example of this occurred argument. sistent with nay. but must be judged from a number of isolated acts. the dispute between Great . i5 should not be a compound sentence. That the foreign policy of President Cleveland should be apThe debaters chosen felt some diffiproved." from the first. In this case there were involved the matter of our relations with the provisional government of Hawaii. the non-recognition of the Cuban republic. concrete affair. a simple statement. eign policy is not a single." sible for debate. even be. and may yet involve more than can well be treated in one to relieve. owing to the fact that a forculty. when two college societies agreed to hold a joint debate on the question: "Resolved. of government. the Behring Sea difficulties. That the United States should annex Cuba and establish therein a colonial form Of the second sort: ''Resolved. An example of the first sort of error would be: ''Resolved. In 1895. nor a complex sentence whose subordinate clause contains anything not necessary for the explanation of the principal clause.

President Cleveland issued his Venezuelan message. avoiding all interference The affirmative or international entanglements. and the negative to ous and aggressive policy. of these cases. it must . It seemed that most if of them could be so unified. This was an act hard to reconcile with the generally conservative administration of our foreign relations. and. The dilemma was so serious that the debate clear. tion demand a more vigorEven then the ques- was a large one. or must pass lightly over the previous acts of the administration. the attitude of the administration had been essentially conservative.l6 THE ART OF DEBATE. it first must ters involved are capable of be determined whether the different matbeing grouped under if one general principle. they are not. that was abandoned altogether. But a few weeks before the debate . In most. and if the debaters were to pursue their original plans they must either ignore this event which had aroused universal in- terest. Britain and Nicaragua. If all of these things could be unified by showing them to be consistent elements of a single line of conduct. if it is It is necessary to debate a proposition involving more than one essential issue.was to take place. not all. and the attitude of our government toward the disorders in Turkey. the question might be intelligently discussed in a single debate. therefore made preparations to defend such conservatism. and confusion was worse confounded. then.

. Observe.SUBJECTS OF DEBATE.'* and it was incapable of demonstration for lack of any practical measure of comparison. Any trace of the former feeling ficiality. and the debaters should be able to make clear how it arose and why it should claim attention. The root of the difficulty is in thinking of debate as an ingenious exercise rather than a practical means to an end. Its solution de- pended absolutely on the meaning of the vague word " ambition." The speakers were eloquent and ingenious. but experience shows that the warn- ing is not needless. which is The proposition should have arisen in reality. No question fitted for public discussion merely theoretical. but there hung a dead weight on the whole proceeding from the fact that no one in the world was seriously dis- cussing such a problem. Not long ago two societies held a joint ^^ debate on the question. 17 bo determined which ciding the issue. That Ambition is productive of more good than evil. or would care how it might be decided. Both sides fired harmless shots past their enemy's lines. is to have precedence in de- 5. too. and made little effort to hit each other. that the question violated two of our previous rules. Ta warn against such themes may seem superfluous. Resolved. Propositions devoid of interest to the audience addressed. will result in formality and arti- the great enemies of is good speaking.

''Resolved. Let us now proposition. — proof. A college debate on the question. should be single. That Mr. Affinnative Pom. Cleveland's foreign policy should be condemned. economy of time demands that the first is speaker should not be obliged to defend what assumed to be true ago might better have been worded: ''Resolved. of it." It was embarrassing for the affirmative to defend that which had not yet been attacked. and of some genuine inbriefly consider the its terest to those concerned. wjren they are matter ^^^ choice. where the negative has. The subject for debate should usually be stated affirmatively. Subjects for debate. in a case where the negative bears the burden of 'that is. few suggestions A may be added to those implied in what ^^^ already been said.i8 THE ART OF DEBATE. except roposi ion. then." was a fail- proved otherwise. capable of approximate proof or disproof. unambigu- OuaUtiesof goodSub^®^*'' ous propositions. this reason the resolution discussed a moment until For —owing to the negative wording of the proposition — open obliged ure because neither side felt to up the question and propose some particular sort of . The Wordingofthe wording of the when ^^^^ general nature has already determined. on the face the duty of presenting proof before the affirReasonable ^lativc is bound to reply. That it is inexpedient for the United States to enter into a treaty of alliance with Great Britain.

There is always a struggle between the requirement that for -the as brief Brevity and Exactnesa." Although the On proposition seemed to be phrased negatively. everything essential shall be included. " the negative of the statement. The chief danger is that. a successful intercollegiate debate was held on the question: "Resolved. treaty for adoption. 19 the other hand. the most important rule wording of the question is that it shall be as exactness will permit. Sometimes much time is wasted in quibbling . yet the affirmative had something. policy. fail of conveying a distinct idea at a It is surprising quently found in expressing what difficulty is frewhat seems to be a perfectly clear idea. should be so stated that definite Propositions. Every one has heard debates that have taken this unforeseen and embarrassing turn. and the requirement that the phrasing shall not be so over- loaded as to single stroke. That the interests of the United States are opposed to the permanent control of any portion of the Eastern Hemisphere.SUBJECTS OF DEBATE. made at the end of the first Beyond this. Interests favor per" it was a declaration of a manent control. and accepted the responsibility. It was not simply progress will have been speech. all unexpectedly to those who state the question. definite to prove. or at most a minor one. the main emphasis of the discussion may fall upon what was intended to be no part of the subject. then.

while different interpretations may give rise to ingenious fencing. The United waiian Islands. so that it read. Whenever it is possible to do so. debaters on both sides should come to a preliminary agreement for. words. when an intercollegiate debate was to be held on the question of the annexation of Hawas feared that the discussion might be scattering by the introduction of such matas the benevolent attitude of our people toward it waii. granted the free consent of their inhabit- ants. fix the and issue. it is well to exclude side issues from consideration. as to the real meaning of the question. terests of annex the Hawould be for the best inthe United States to annex the Hawaiian States should " It Islands. and could not be limited in any such way. argument upon what seems the central Thus.20 THE ART OF DEBATE. over the meaning of an important word in the proposition. or the difficulty of ascertaining the real wishes of the Hawaiians on the subject. or whenever it is possible to limit the terms of the question under discussion." Obviously the question before the people was the original and wider one. they will only hinder genuine Reasonable persons do not debate argument. " not. These matters were therefore ruled out by the addition of certain words to the proposition. When a debate is to be held for purposes of practice. but ideas." but. but for a brief and formal debate it was wise to limit discusof the country . made ters the Hawaiians.

whose interests are to have precedence. The last rule to be laid down relative to the all wording of the proposition is that " the question is to be avoided." Here the " word inhuman renders all argument superfluous. Otherwise the debaters on respective sides may argue what are really different propositions. by throwing the slightest commen- dation or slur upon either side. 21 »ion to the most important phase. ^ ^ " begging its of In ^ Fairneas . The necessity for perfectly obvious in a formal debate: no question can be tolerated which gives either side an evident advantage. whether abstract grounds of justice or grounds of expediency are chiefly to be considered. But it should also be obJ^erved in right to state arguments where any speaker has the the question for himself. If he . if of policy.SUBJECTS OF DEBATE. In such cases the wording of the proposition should make clear whether the question is one of fact or of policy. That the inhuman treatment of the Armenians by Turkey is reprehensible. ** be: Resolved. narrowest sense this means that no word andimpar* ^' must be admitted into the proposition which of itself constitutes an argument for or Such a question would against the proposition. In a wider sense the rule means that every'* thing should be avoided in the statement of the question which indicates the attitude of the per- son stating this rule is it. and if expediency.

Briefly to summarize the foregoing suggestions: propositions for debate should be worded so that first responsibility of proof. Appearance of preju- sides.22 THE ART OF DEBATE. he will be suspected of inability to do it full justice. has had chief reference Formal Debates. should be as brief as may be consistent with exactness. while not without significance for debate of a general character. In real . dice always discounts argument. has ready been suggested that (with the exception that the subject of debate may well be simplified for the sake of brevity and clearness) such debates will be most satisfactory when so conducted as to approach most closely the discussions of real Hfe. All this. fair wishes to be that will real question of difference to it he should assume that there is a be considered. and should avoid every appear- ance of partiality. he betrays either enthusiasm or contempt. should make the issues involved as the affirmative will be under the distinct as possible. is In all contests of this character there an artificial element is — especially desire for victory involved —which when is a strong in danger life of detracting from their usefulness. ^^ formal debates where a chosen quesis tion is discusscd and a decision It renal- dered on the merits of the argument. and be to the advantage of every one to have that difference stated in terms acceptable to both If. in his statement of it.

quibbling over the of the question. the value of the practice is very great. to formal debating. in formal debating. and its practice is hedged in by what seem at first sight to be merely traditional rules and regulations. than in the genThe law is j^ j Debate. so presented as to convince persons really interested in its settlement. while the conditions are not so artificial still as in formal debating contests. rapid repartee. they cannot always be reduced to exact forms of words. If. and . they are artificial much more eral discussion of public affairs. of English-speaking countries a growth of long development. and they are not decided by a discussion between three men on one side and three on another. in which the stress is issues are closely it. and the — umph will its of one speech over another. 23 questions arise out of practical emergencies. those matters which are peculiar If. the stress laid on the merits of the — if possible question. however.SUBJECTS OF DEBATE. —the — wording mere tripractice be a questionable preparation for real life and contests. These rules had their origin in attempts to serve the practical ends of justice. watched to see which has the best of laid on then. The difference may be compared to that between the gymnastics which are studied under professional training for purposes of exhibition. under these artificial conis still ditions. and the exercise which goes to make muscle for every-day use. In legal debate.

which declare the age at which a person may be presumed capable of crime. with small respect for the means which private citizens use in forming judgments on the same points. according tified in A This has a marked effect on legal argument. possible technicalities If he can find a flaw in the indictment all — common of opinion." so called. will be jils- brought against his client. in deciding the plea. lawyer in striving to win his case will make use making use in his favor. Legal presumptions. —and. Thus most of them are common many nary things which are good evidence for the ordi- man as he investigates an alleged crime. in court which the newspapers make. and by which '* public opinion is greatly influenced. but observers they frequently seem to offer hindrances to the simple search for truth. he will not trouble to prove him innocent. . to still useful to the same end. If he can overthrow the point on which his opponent has based his plea to the court.24 ^THE ART OF DEBATE. he will be content not to go into the real issue back of it. and the court. are ruled out absolutely from the consideration of Lawyers are forbidden to make statements juries. are established. and so on. In courts of law such grave interests are at stake that it is necessary to lay down these rigid rules and apply them —sometimes—even to in the face of common sense. the length of time which he may be presumed to remain alive after disappearing from common knowledge.

those lawyers appear to be most largely successful who are not given to fighting on technicalities. will often expressly 25 ignore what seems to the lay- Such cirthe important point of the case. The most important elements of legal debate. Carter and Mr.* In support of this I am very glad to be able to cite a distinguished legal authority. but all within hearing. Choate. which affect lover of technicalities. in the balance. will give A more consideration to a motion made by an attorney known to be careful of the interests of justice. educated to weigh the very dust chief concern. where uniform rules of practice have to be adopted for all possible cases. than to one made by a The great arguments of Mr. of consideration for the important issues at stake. that the whole process . who " in his Preliminary Treatise on Evidence at the Common observes: it * Law " " Let be distinctly set down. But in spite of all this. but who give the impression ests of justice are that the fundamental merits of the case are their jury will listen with suspicion to an argument which seems to shirk the real issue. Professor James B.SUBJECTS OF DEBATE. and even a judge. great for example. in our own time are marked by an appearance of enthusiasm for justice. are not different from those of general de- bate. even if the inter- man thereby sometimes jeopardized. then. — lawyers like — not only the courts addressed. Thayer. then. cumstances as these seem to be unavoidable in legal procedure.

26 THE ART OF DEBATE. gen- erally recognized as tasks of the lawyer. one of the most important The second class is that deal- ing with the establishment of legal principles by the citation of authority. 271. essential as these and forever pressing upon the attention. are mainly an afifair of logic and general experience.) . The first class is that dealing with the proving of facts. not of legal precept" of legal argumentation. third class of legal arguments consists in the application of processes of reasoning to the facts and the authority presented. All these forms of argument are familiar even to those knowing little of courts and law. This indicates the second great task of the lawyer. our courts give the greatest possible weight to the opinions of other courts having a bearing on questions brought be^ fore them. harder to define. is —the finding and applying The it of authorita- tive precedents. ^j^^ ^£ witnesses. so that jury or court may be convinced of the inference which the lawyer wishes to draw from his material. (p. and since desired to maintain the utmost uniformity in the administration of justice. Legal 'argument is roughly divisible into three great classes. Since law is in itself so much it is a matter of tradition and precedent. for example. every one and the rules for it. are. as well as of other sorts of evidence. In criminal cases. and is chiefly practiced in the calling and cross-examinaLegai Arguments. The handling of testiis mony.

Nevertheless. has ordinary debate. which are discussed. which we found looming so large in the The courts. and the private citizen is likely to think that no authority on earth can greatly affect him in a matter of opinion. — in ascer- The matters of precedent and 'Gaining the facts. by evidence. higher is commonly the provIn cases brought before it is not usually disputed but questions of legal principle. hearsay. therefore. do we find? The difference is almost entirely one of proportion.SUBJECTS OF DEBATE. people disputing questions but they commonly investigate these questions with less accuracy and thoroughness than the courts. what sort of questions Debate. are the records of other courts and the mental processes of the judges. the only witnesses cited. authority. And of course the is 6ort of argument that based on processes of rea- . We find of fact. the argu- ment from <a place in authority. as we shall see hereafter. When we tests and turn from both formal debating conlegal argument to the debate of delibera- tive bodies and of the people as they dis- General cuss public affairs. are little bound by prece- dent. of private citizens. and of deliberative opinions bodies for that matter. take small space in the public mind. and they use all possible sorts of evidence. newspaper re- — ports. and the opinions of their friends. courts on appeal. as is done in the courts. 27 knows that the chief matter ing of facts facts.

If the two are agreed. human nature and natural law. as thority. and he '' can say. But neither the one argument nor the other would be safe in a court of law. though not to be so loudly spoken of.28 THE ART OF DEBATE. that assume in general argument a place altogether out of proportion to that which they occupy in legal These questions of policy or expediency debate. be said to take the place. the discussions of courts on constitutional law. it is to your advantage. and secondly. It is questions requir- ing action. If he were on trial in a court neither argument would be admissible. of the legal to the conscience of his hearers as the highest auHe also appeals to their self-interest. ment on which Debate on all manner of public questions. and the like. and dependent upon disputed points either of moral principle or of self-interest. foreign policy. Thus a Mormon might argue in favor of polygamy on the ground that it is theoretically justifiable. The public debater in a moral community appeals may large. arguclosely resembles. wilh the people at arguments based on authority. a matter having great weight. as well as on prin- —the — ciples of abstract justice. intariff. however . this is right. soning is found in all debate." he has a very strong case. in its general nature. First. and that it would be beneficial to the community. volves delicate reasoning on cause and effect. In deliberative bodies men debate questions of parliamentary law. finance.

been suefeested by the mention of quesDebate lookfinal difference A between legal that of a r more general . But when one seeks to move his hearers to vote for a A pending bill or resolution. he might also cite the authority of religious books. and the rendering of the decision does not usually affect the interests of either. however. tug toward ^^^^°"' judge or jury has only to decide the abstract merits of the case presented. 1 . 29 the judge might agree with them. and he might argue from those facts that polygamy is beneficial to society. . . the Mormon might " much present his case from the side of abstract justice. 1. to support a certain can- didate.SUBJECTS OF DEBATE. tions of policy." Before a say. . powers of the strike at deeper springs than those Such questions demand the best orator. . popular audience. So through all sorts of questions these different types of argument appear. if the audience were of his own people. he might give facts drawn from polygamous communities. to pursue a particular line of conduct in business. no further action is expected on the part of either. his arguments must of pure reason. argument and which has already character. and to record the decision. he must To the law and the testimony. or to give money to a favorite cause.. is that the public debater discusses questions which appeal to the will. powers which may be — .

however. The problem. or by different infer- ences from the that facts. that this examination of But it is hoped some of the elements of legal as contrasted with general argument. one group will in- determinately melt into another. and others successful along different lines. It has been impossible to classify debatable questions in any thoroughly systematic way. . Whatever classification one chooses. will to the particular question under discussion. may serve to make clear the points of likeness and of difference in all forms of debate. is always the same at bottom: given a real difference of opinion. but which will shake the will of the crowd. as well as to the par- always be at their and why some debaters best on certain topics. almost out of place in a court-room. and draw the same inferences from them. opinion by making to produce agreement of your hearer believe the facts you believe. It may have shown why one must adapt himself ticular audience addressed. caused either by different beliefs as to the facts.30 THE ART OF DEBATE.

It would not be too much to say that if one has but an hour to spend in preparation J^l^^jyX for debate. in 31 first-rate importance for the purpose ^ . We and ask such questions as: Just what does the proposition maintain ? and Just what lines of proof are necessary to its demonstraposite direction. it is however true not of all that the first speaker has said. Too often one can see that a speaker has seized thoughtlessly upon one or two points connected with the question. half of it should be spent in considering just what the question means and what are the essential points to be proved. while his opponent may be able to show that. Much of the difference between poor debaters and those who are successful is found just here.III. tion? The importance of this preliminary analysis of the question cannot be emphasized too strongly. PRELIMINARY WORK. either because he has been most familiar with them or because they afford best opportunity for eloquence. Thus far we have reached the point where the subject for debate has been stated as accurately as turn now to look at it from the oppossible.

element. is to cise meaning of the question. It may happen. far toward clearing up the argument. may go Definingthe Question. however. as was sug- preceding chapter. " where such phrases as republican form of govern" Monroe Doctrine. to find a debate resting largely upon the ability of one side or the other to analyze it keenly. then. gested in the when it can well be avoided. when the facts in the case are undisputed. that one necessary to show at some length that the fallacy of the opposition rests on some false definition. Dictionaries admit ." and the like. for example. to dictionaries. were involved. whose significance depends largely upon the meaning of certain ambiguous words. This might be the case. it may be said that they disrespect With seldom furnish definitions likely to be serviceable for argumentative purposes. first The make clear the pre- This. No hearer will listen with patience when it appears that the speaker has not grasped the essentials of his question. And it is not uncommon. reference to debates where particular words or phrases play an important part in the statement of the question." " personal liberty.3a THE ART OF DEBATE. very It was there said that no subject should be debated. a word of caution must be spoken Without as to the use of dictionary definitions. hand." ment. One would then have side will find it to turn his introductory line of argument into an exposition of the doubtful phrase.

we the subject discussed. and not questions of phrasrecent intering. A collegiate debate was lost because the side defeated declined to accept the meaning of the question as . the dictionary cannot answer what is usually the important question: in character. The interpretation must above all be reasonable if it is to be a basis of argument. our interpretation of the question. as has It is been from real differences of opinion. It must seem to the persons addressed to be a fair statement of what the question means to them. how shall it be determined? Generally in the sources. is the reasonable one for present purposes? It is of no use. then.PRELIMINARY IVORK. It must exhibit no appearance of having been laboriously searched for in order to conform the point that the speaker wishes to prove. many of them quite divergent In other words. is the pres- ent All meaning really said. — Which. of two or more possible meanings. Conditions of ^*"" surroundings. these real differences. questions arise. then. which should be discussed. are not to seek definite authority for If. The etymology or history of any word involved to in the question is a minor matter. all 33 meanings of words which are sanctioned by any reputable usage. of the word debatable the important thing. for a speaker to flourish a dictionary. his opponent can doubtless do the same. exulting because it gives the definition he desires to use. and present conditions of tion.

gitions are so simple that they can be mined.34 THE ART OF DEBATE. it is an essential duty of the debater to interpret the form of words and be ready to defend his interpretation if it be questioned." although All this does not ignore the fact that in discussions where particular forms of words are involved. without the use of intermediate steps. legal controversies dependent on the interpretation of certain documents. much time was consumed in " theoretical interpretations of the words perSimilarly. Words are to be the servants of the debate. interpreted by their opponents. not the debate a slave to retical words. and spent practically their whole time in defending a different one. When the meaning of the question has been deteris to inquire what is the essento be proved. when manent court it was one was before the people of the particular plan that of arbitration. but to the meaning of the words under the circumstances. Very few propothing Hwpowing th^QuMtion. the next step tial proved by applying the evidence directly to the whole question. and very few are so clearly understood that . as in set debates and in country for consideration. The simply that a form of words should never be allowed to obscure the real question. the question of an arbitration treaty between the United States and Great Britain was being discussed. and that definitions should have reference not to theopoint is meanings.

great stress issue among Anglo-Saxon The main then be said to be: Will the proposed increase the chances that public justice will change may . is in jury trials. The the first sort of interest. existing law seems to express largely which has always received races. which supreme importance." both sides admit that absolute justice Anaiygisof cannot be expected therefore. That three-fourths of a jury should be competent to render a verdict in It will appear on analysis that all criminal cases.PRELIMINyiRY WORK. It is found by discarding all minor matters connected with the question. and the interest of the people as a whole. The main issue is that which it is chiefly necessary to prove. 55 popular talk about them does not include numberless matters not essential to their proof. There will usually be one point. are two sorts of interests involved: the interest of every accused person. Such a point may be called the main issue. analysis will show to be of Some examples the question " : will make this more clear. Take Resolved. in order to prove the whole proposition. JuryQuM- to secure the most perfect There justice consistent with a uniform system. that he shall suffer the least possible chance of conviction if innocent. that accused persons shall have the least chance of escape when guilty. or at most two or three. and fixing the attention upon that which properly forms the central portion of the argument. the aim.

the interests of authors are those of literature. ^ . perhaps the main issue might best be stated as a double one. then. the public should be willing Copyright to pay the tax. There is a sense in which these incon- veniences are admitted on all sides. -^ ^ ^^^ ^^ ^^^ public in the interest of authors. while the advantages to authors would be but little greater than under the existing law. in the pending discussion was this: Would the proposed extension of the copyright period result in advantages to authors sufficiently great to compensate for the disadvantages to readers? Macaulay showed that the disadvantages to readers would be greatly increased. . occurs in Macaulay's speech on the pro- posed Copyright law of 1 84 1. Many questions depend for their analysis upon Analysifl of Silver Qnes°"' proposed remedies for admitted evils. in a different kind of question. .$6 THE ART OF DEBATE. . While the question could be analyzed from a number of different points of view. . after this fashion: . . Thus the proposition to establish the free coinage of silver in the United States is larsrely based on . certam inconveniences which certain por- tions of the people are said to feel as grievances. however. Since. The main issue. without disproportionately lessening the chances that innocent individuals will escape unjust conviction? A similar sort of analysis. be done. . Macaulay showed that a copyright law of any kind Question.

It is claimed that the proposed policy would result in disaster to the business interests of the country. It is safe to silver question say that most of the debates on the would be more satisfactory if the method participants held themselves rigidly to some such of analysis as has just been suggested. because gold would be driven out to such an extent as to interfere with its use in in- silver ternational exchange. tions of fact the process of analysis is comparatively . while the monetary value of would tend to fall to its commercial ratio of something like 32 to i. The main issue. from present financial inconveniences? Another method of analysis might be drawn from the position of those opposing the proposition. in political campaigns. Let us now take an example from the analysis of In cases depending upon quesa legal question. and (2) in the exchange value of coined silver to a ratio of 32 to i? This is a subject whose compli- cations factorily. might again be stated as a double one: Would the establishment of free coinage result in (i) the exportation of gold to a degree that would interfere with fall its of the use in international trade. and (2) the people at large. 37 Would the free coinage of silver relieve (i) the government of the United States. then. make it peculiarly difficult to analyze satisOne may hear a dozen speeches devoted to it.PRELIMINARY IVORK. and be unable to reduce the various arguments to any clear system.

and excises must be uniform throughout the United States. The question arose whether this law was constitutional. Or the main issue ence from testimony. as in general debate. Of these the celebrated Income Tax cases of then. upon whose the testimony lies. Congress passed a law levying a tax of two per cent. whereas duties. such a question. Taxes on land have always been understood to be been an adequate direct taxes. upon all incomes of citizens or residents of the United States exceeding $4000. Economists usually regard any tax as direct which is collected from the very per- . The Constitution requires that di- rect taxes be apportioned among the States according to population. for ample. THE ART OF DEBATE. must chiefly rest. there issue upon which the decision usually one main But it is in 1894-95 form a good example. more complicated matters than questions of fact that such analysis is most necessary. as whether the presence of the accused son at the time and place where the crime committed warrants the belief that he was cerned in the committing of it. imposts. Thus in a criminal case the main issue may Legai QueB*^°"*' be simply the question of the credi- bility of One of the witnesses. but there has never decision as to just what other taxes might also be regarded as direct.38 simple. The process of analysis was briefly as follows. — may be prosecution chiefly rea matter of in^erexper- was con- In is all such cases.

in violation of the requirement that duties. were chiefly these: First. Second. since is it is ad- mitted that a tax on real estate direct. . on the other hand.^ • . imposts. and so required to be ap- portioned among the States of 1894 is unconstitutional.. is the exemption of incomes under $4000. is a tax on the income of personal property direct. have shown a disposition to limit the '' ** term direct tax to capitation taxes and (as has been said) taxes on land. the tax of 1894 is unconstitutional.* complicated Income Tax * It was that part of the tax covered by the second of the three questions which was declared void by the Supreme Court (in the case of Pollock v. and of certain specified kinds of business. the tax is ? If so. again. but of the nature of an impost. by rents or otherwise. also direct. for example. the Justices who heard argument in the case being equally divided on the other two. S. The questions in dispute. any part of held not to be direct. PRELIMINARY iVORK. is On these three questions the cases largely rested. Farmers* Loan & Trust Co. 157 U. and so required to be apportioned among the States? If so. therefore. and excises shall be uniform throughout the United States? In this case also the tax of 1894 unconstitutional. 39 sons who are expected to bear the burden of — as distinguished. For the sake of simplifying the analysis I have omitted mention of that .. p. it. if the tax Third. is a tax on the income derived from real estate. 429). The courts. from duties on imported goods. which are intended to fall not upon the importers but upon buyers.

Analysis of . . The message aroused vigorous Historians and geogtook up the matter of the boundary-line." . and arguing that it was the duty of the United States to investigate the matter. zuela and Great Britain had reached a critical point. ments drawn from the historic Monroe Doctrine.'40 THE y4RT OF DEBATE. In the winter of 1895-^ many debates were held on the question: ''Resolved. . Certain portions of the President's message were based on argu- and protracted debate. dressed a message to Congress. expressing fear lest Venezuela was being unjustly pressed into submission. One more illustration. and to insist on justice being done. " . certain expressions in the message had suggested the possibility of serious differences between the United States and Great Britain. • . and those who looked upon a war with England either with complacency or with horror entered into clamorous debate over the part of the tax levied on incomes derived from municipal bonds. which was also declared void. . Above all. That President Cleveland's Venezuelan message should receive the support people. . Venezuelan Question. raphers and discussed its proper survey. ." and there was much discussion as to whether that Doctrine had any proper bearing on the Venezuelan controversy. will The circumstances at which arbitration was desired by Venezuela but President Cleveland addeclined by England. of the r i be easily A long-standing dispute between Venerecalled.

the debate will already have made substantial prog- . whereas if it was wrong it should be condemned even if there were no danger of war. Cleveland had not attempted to decide the merits of the only to ask for a boundary dispute. but had used it as an auxihary argument. ment all these matters were of minor importance. for if the position of the administration was right. If both sides are agreed as to what constitutes the main issue. because of the great importance of indicating what is meant by analysis. ' 49 Yet for the purposes of definite arguprospect. And clearly the matter of a war with England was not the main issue. to be acceptable to debaters on both sides. The main issue would seem to have been Is the Venezuelan controversy sufficiently connecte^l with (i) the interests or (2) the duty of the United States to warrant our government in intervening? These illustrations have been given in such number and detail. This preliminary analysis ought. his message upon the Monroe Doctrine. Mr. as far as possible. of course. but commission which might do so. every one would agree to support it whatever might happen. and Eesuitsof entire : He had not based of showing how questions of various sorts ^a^y""* can be reduced to one or two issues upon which their settlement largely depends.PRELIMINARY IVORK. and had even to be set aside as tending to obscure the main issue. This was the line of analysis by which minor matters might be set aside.

" He must have had in mind the fact that one does not really understand his own side until he knows what is to be said against it. but it will be perfectly reasonable to try to show that it is not an essential issue. stated too emphatically. the one who speaks first should present an analysis which appear just and impartial even to those who are disposed to favor the opposite side. as though one were afraid of it.# ress. impossible to expect the disIn such cases putants always to agree thus far. the receipts of the government arc falling behind . and the opponent speaking next will have to begin by attacking the analysis. It is told of a " If I have time that he remarked: great lawyer to study only one side of a question. however. for example this proposition: The surplus silver bullion in the United States Treasury should be coined and used to defray the current expenses of the government. Some questions cannot even be subjected to preliminary Take analysis until this has been accomplished. The study of one's opponent's case is too often Both^Sides Its importance cannot be neglected. The outline of obvious direct proof is simple enough: the bullion is lying' idle. I study that of my adversary. THE y4RT OF DEBATE. It will will of the audience issue raised never be safe to decline altogether to discuss any by an opponent. The work of analysis clearly presupposes a full understanding of the question on both sides. It Is.

of the attitude of his opponent. he knows very little about his he knows. 43 the expenditures. there should be no rest been settled satisfactorily. why not apply the supply to the need? The trouble is that any one listening to such " a line of argument says instantly to himself: If not being coined in the manner proposed. far are the objections significant? One can then determine what objections can easily be thrown aside and shown to be of small importance. subject. If there first are any objections does not at whose relation to the question seem clear. What must chiefly be in order to prove the truth of it? but also. I can this bullion is therefore form no opinion on the question until I that reason is. Just what does the shown proposition maintain? and. and even the opening speaker in a debate cannot afford to be ignorant. then. and what is alleged in its favor.PRELIMINARY iVORK. may be said more broadly to include not only the questions. or to seem to be ignorant. If the advocate of the change does not know know what opposed. Analysis. and yet keeps still about it. and which as one's positive position How ones must be set up to be disproved as thoroughly is to be proved. until that relation has . there must be some reason in the minds of the authorities why it is better as it is. he is not honest/' So a question may be dangerous why it is if from the very fact of appearing to be all on one's own side. What objections are made to it? and.

at the same time very likely suggesting an improved method of analysis. It is as though one should divide a box into a number of pigeon-holes. care should be taken that the reading is not made a substitute for thinking. until he knows what is The volve. before looking up any material in books. It is well to make a temporary analysis of the question as it presents one's mind. In like manner one's reading on any subject should fit into a pro^ . but at the same time they would be likely to suggest itself to that either more or fewer pigeon-holes would give so the partitions could be suit the a better classification. As the papers were examined they would fall into one or another of the groups for which places had been prepared. the material will arrange itself according to what seemed at first to be the principal heads and sub-heads. moved about to change.44 If THE ART OF DEBATE. in fathering of Material. In any case to the method such search. with a view to assorting all his papers. a good deal of search for i^iaterial. and something of is to be said as The amount of reading necessary will of course depend on the nature of the subject in hand. one never knows what must be proved to be disproved. then. as one reads. there are any which cannot either be shown to be unimportant or be directly disproved. something is wrong with one's case. To sum up. preliminary study of the question will inmost cases.

The distinction between these classes of material in this case. Here are In reading that included such matters as undisputed torical statements. it will is not an The one. the worth of which has nothing to do with If the source of material is named their source. while the scheme should be allowed to grow and change as new ideas indicate. The first is that of simple facts. most simple. his- and scientific truths. visional 45 scheme of analysis. and to set them forth distinctly will be the first duty of the debater. statistics. such as the testimony of a traveler as to things seen class includes facts in a foreign land. be as a matter of courtesy or not as an element in the proof. may is intended as a preparation for three classes of material will ordinarily be debate. but has practical bearings. simple honesty. which are of such indubitable validity that no special authorThe second ity need be cited in support of them.PRELIMINARY IVORK. third class of material includes the arguments of others. or the decision of a — judge on a doubtful point of law. Here the source of the fact The constitutes a part of the argument itself. found. but depending for their value upon their source. not to be accepted on their face. They are introductory to the arguments . facts is the first The class of undisputed Opinions. to discover them is the object of the preliminary reading. three sorts of material should be very p^^^g ^^^ artificial differently used.

however. If . unless the high character of the source be distinctly shown. It may be said here. More than this. even if the character of the source be very high. If they have lighted upon any quotation favoring their side of the case. based upon them. wave it triumphantly in the face of their opponents. it is of small value in a case of mere opinion is on a disputed batable it is the question to be presumed that wise matter. in some magazine whose name I have forgotten. really dewill men be found on each side that there is so that to quote even the President or the Chief Justice in such a case will show something on one's side worth con- ." One cannot too carefully remember that no hearer is bound to accept a quoted statement as of any more value than his own opinion. The material of the second class we shall have to consider later under the head of Testimony and the argument from Authority. and " exclaim: Does not the morning paper make the following statement? " " or. they will bring it with them into the debate. Debaters some- times exhibit a ludicrous lack of appreciation of the relative value of sources. which is in itself a sufficient refutation of the position of my opponents.4^ THE ART OF DEBATE. value depends wholly upon its source. I came across this paragraph to-day. that material of this Since its class should be selected with great care. the value of the source will determine its use.

than to quote the words of another. Every one who reads knows how the ideas discovered are assimilated in his own mind.PRELIMINARY IVORK. What is it to make the argument of another one's own? to so to appreciate its value that it will take its place in one's mind as a part of one's own view of truth. Some system will be found necessary for the . and make the favorable arguments his own. fashion. so that he forgets the source while keeping the substance. 47 sidering. apart from everything peculiar in the way It is it was first expressed. It can then be re-expressed is in one's own There no copyright on a process of reasoning. just as last week's meat and vegetables reappear this week in bone and blood and muscle. enable the reader to set in order all the opposing arguments as matter to be refuted. and cases will more effective to use be very rare in which it will not be an original method of expres- sion. the proper use of this material is to stated. and particularly for debate. It is only the method of expression that can be said to be borrowed or stolen. This is the fruitful method of reading for all purposes. The material of the third class includes actual Briefly Arguments o^^*^®"- arguments on both sides of the question. Quotation-marks are no sign of plenary inspiration. In this way the Congressional Record and the North American Review may reappear in debate under a new form. but nothing more.

of. is a zealous and successful debater literally sur- . on which separate points may be jotted down as they present themselves.48 THE ART OF DEBATE. If the question is one of Ordinary interest. Poole's Index. and by judicious shuffling one may be sure that he has included everything he has gathered together. and the Congressional Record will frighten him by the abundance of their stores. and the great body of useful already material will soon have been gathered in. The best sort of note-book for such purposes as we are considering is simply an abundant collection of cards or slips of paper. These can then be easily assorted and reduced to a small number of groups. and has got I have seen a friend who it into intelligible shape. the investigator will at Taijuiation of Material. the orderly tabulation material found in preliminary reading and study. In all this matter there will be some more authoritative and more it concisely stated than the rest. ment will loom up after a little. and this should be selected as soon as possible. This being done. But how Most shall the heads be tabulated and grouped? of us have found that it is never prudent to do serious reading without a pencil at hand. first which will come be appalled by the amount of material to hand. Repetition will in this way be readthe main headings of the arguily discovered. The daily press. will very articles will soon appear that the contents of other group themselves easily under heads set down.

the comparand importance. whose superficial differences for the moment conceal their identity. I study them and sort them almost as deliberately as I should sort a hand at whist. and the possible points of the opposition. ative strength and more frequently still.PRELIMINARY IVORK. It was in little wonder. " On down I write (he says) separate bits of paper the separate headings that occur to me. after this had been done. frequently present themselves as co-ordinate. in what " " seems to me the natural order. when I — experience to find that a shift of arrangement will not decidedly improve the original order." securing the best order in any composition. . '' * as a means for in his English Composition. the bracing main lines of proof. 49 or cards. * Page 165. in other Then. The same idea will sometimes phrase itself in two or three distinct ways. of really distinct id^as will in the first act of composition curiously conceal themselves from the writer. that as his finished argument every separate bit of material fell into its place as neatly though he had been able to think out everything in the first place in its logical order. and the mutual relations. when my little words. and it has very rarely been my of cards — complete. is pack have a card for every heading I think of. Ideas that really stand in the relation of proof to proposition. em- rounded by all piles of these little slips the facts of the case to be debated. A plan practically identical with what has just been suggested is described by Professor Wendell.

Such an Outline really completes the constructive work of debate. up to the point where such matters as illustration. . even by one who has traveled over them. no ordinary person can mind a complete view of the material an argument. in miniature.'* Obviously all that is here said of the suggested method. as it were. is doubly applicable to preparation for debate. if he has it only in the large form which it has come to him and in which he wishes to present it to others. The ground covered must be viewed. The Outline or Brief. just as a thousand miles of territory cannot be understood as a whole. for In the carry in his in first place. without the aid of a small . in order to be understood in its structure and relations. persuasion. The analysis of the subject and the tabulation of material ought to combine to produce an outline ^^ ^^^ argument which is to be made.5© THE ART OF DEBATE. and rhetorical form come in. The reason why so many speakers seem to go a great distance without coming to any destination. is because they start out seeing the road only from one hill to another. least three reasons why a careful outline is so important. and it is the almost indispensa- There are at ble prerequisite to orderly which will show the shape of the country at a glance. shuffling of these little A few minutes* revealed to cards has often me more than I should have learned by hours of unaided pondering. v^ith general composition in view.

secondly. such an outline is important because when comes for putting the argument into its final form. —the attainment of perfect clearness. ele- gance. though he may be a good while in doing it. the author should have all his faculties free for the perfecting of phrase- ology. the fluency and force gained by experience will do the rest. on a large the time outline for a speech. whether it is to be first written or spoken directly from the outline. 51 and have obtained no map for the entire trip. Finally. An map. Any one accustomed to public speaking can rise and speak extemporaneously.PRELIMINARY IVORK. without preliminary care being taken to secure this end. if he has had sufficient time to determine the outline of what he wishes to say. They must be helped by being let into the secret of the " " first. The work of construction should have been completed in advance. may be said to be a scale." structure. Again. The speaker's mind may be so soundly logical that one point will develop from another in the best order. but it is not likely that many minds in the audience will be as able. and force. or by less formal hints. But without a plan in mind he will be likely to say very little. and the speaker cannot — . then. of the country to be covered." as the circumstances may require." by an occasional " and thirdly. an outline is necessary in order that the structure of the argument may be made clear to the audience.

should make clear not only the order of the parts.52 THE ART OF DEBATE.—or a subordinate heading. but their relation one to another. moreover. will put into visible will The results of analysis. main headings. intended to perform precisely similar functions. removed by one or more steps from the main question. The . or of different orders. that is. something which goes to prove the proposition directly. and which are subordinate. that is. The material gathered will have grouped itself under a number of difoutline. if give this help himself. Every statement should be so set down that it will be evident whether it is a main heading. — that — is. it will be given its place before or after the body ferent of the argument. methods of proof. leading to the proposition indirectly. proving the proposition directly. then. intended for dif- — ferent purposes. proved. To put the matter in a sHghtly different way: any two parts of an — outline for argument are either co-ordinate. these points will form the main headings of the outline. these groups will be put under the appropriate headings. he has not prepared an outline for form the have determined Analysis ^^^ ^^^ ^^ ^^^ principal points to be Form of Outline. The problem is to show at a glance which are co-ordinate. Certain matter will have been found to be not so much actual proof as matter for introductory or concluding comment. The outline.

The main headings may begin at the extreme left of the paper. and jotting down the points discovered in the order in which they have occurred to him. Let us take an example illustrating the growth and arrangement of an outline for debate. headings of the next order a half inch to the right of the main headings and so on. 53 simplest solution is merely to have all co-ordinate parts of the outline occupy the same position on the page. Woman's ^ ^®' After doing some reading and thinking on the subject. It is of course merely an extension of the paragraph upon which we depend in all reading to indicate the places where the structure of the comidea. somewhat as follows: Importance of the question. .' " PRELIMINARY IVORK. Such an ar. the relations of the different parts of the argument. Idea of woman's suffrage has 2. made rapid prog- ress. but in a miniature outline it is quite practicable to use a separate degree of indentation for every sort of subdivision of the thought. as far as may be necessary. at a glance. In an extended composition it would be confusing to have paragraph indentations of different degrees. position changes. rangement presents to the eye. his notes run 1. because the eye could not follow them at a glance. Suppose that a speaker of is to argue in favor woman's suffrage in the United States.

Numbers i. a mere tradition. Wyoming. 4. Suffrage is a natural right.54 3. clearly. but in a quite unserviceable form. 8. 12. is a good deal of useful material. 20. Very many women now in business. Women in are represented by men. 2. 6. THE ART OF DEBATE. 13. Home interests Disfranchisement of woman all would be injured. Women 10. Experience Colorado. The present a favorable time for trying the exstill periment. interested in education of children. 7. 18. and 17 are of slight value . Women need the ballot to protect their real in- terests. 11. 19. 5. other disfranchised classes are idiots. The different statements bear very different relations to one another. Here. etc. 15. 21. all According to the Declaration of Independence. Woman Women is more moral than man. 17. The only criminals and children. Americans believe that taxation implies repre- sentation. Objection: Women cannot do military service. 16. 14. exist unfavorable to the interests of Unmarried women have not even partial repre- sentation. would produce a good effect on politics. In America practically Objection: citizens vote. Women much interested in reforms. persons are born free and equal. Objection: 11. 9. Laws women.

21 seems to be an attempt at proof of 3. 18 are proofs of 20. In the same way 3. . 6. under some head- ing having to do with the theory of the franchise in the United States. Numbers 9. while 6 is really a form of answer to an objection not stated. Numbers 4.PRELIMINARY IVORK. 18. In the same way 14 may well be used as an answer to the objection stated in 10. and 12 seem to belong together. to which 19 is a partial answer. and should evidently come together under 7. 15. Introductory. belongs the objection stated in 13. Arranging the headings according to this analand filling in certain gaps in order to indifull cate the connection of the various ideas. and women. while 5. 9. 55 as proof. ysis. Thus 5 and 16 are proofs of 7. under this head. like this: we have an outline something Women should have the right of suffrage in the United States. The problem of suffrage of grave importance in America. the headings are seen not to be co-ordinate in their functions as proof. 7. but are interesting for preliminary consideration or concluding appeal. and 16 have interests of the country at large. 15. if they have any value. coming under the idea expressed in 12. also. and 20 have to do with the question of the interests of to do with the Aside from the matter of arrangement.

56 THE ART OF DEBATE. for It is the means by which they are to protect and exercise the freedom and equality guaranteed them by the Declaration of Independence. are interested in the education of chil- dren. Suffrage is a natural right of citizens. for This denial is denied largely based on assumed as in the case of idiots. In the United States. and women are taxed. not tradition. incapacitated by age or infirmity.'* (It is no objection to say that suffrage to certain classes by law. . " is Here suffrage is called universal. however. Women need the suffrage to protect their interests. for Here 11. and minors. inals. To deny it is unjust. based on principle. it is supposed to be To deny women this right is to the principles of unreasonable according government in America. I. Originally the right to take part in government was based on physical force. Many Many of them have business interests.) the principle is accepted that taxation im- Men are not disfranchised when plies representation.) sufficient to say that (Neither is it women are excepted because of incapacity for military service. crimincapacity.

Women are more interested in reforms. and Experience Conclusion.) it is contrary to the interests of the The influence of women in politics would be beneficial. and has been successful in many localities. not indicated. fessedly represented. This outline is of course is detailed evidence by no means complete. 57 Many still suffer from laws unfavorable to their personal rights (as in the case of holding property. Women are. (It cannot be urged that the interests of the home would be injured. guardianship of children.) (It cannot be said that they are represented in these matters by men. and Unmarried women are not even proIII. more moral than men.) This movement has grown beyond all expectation. for This is contrary to the nature of women. etc. Wyoming. and elsewhere. proves the contrary. in Colorado.PRELIMINARY H^ORK. To deny nation. The present is an opportune plan for trying it in the United States. and only a few . broadly speaking. for In the nature of the case a man cannot represent the interests of a woman.

and those still further indented of the various statements in the outline. Those beginning an em to the right are proofs of the main headings under which they stand.$8 of THE ART OF DEBATE. as was suggested. and III. It will have been noticed how the system of marginal indentation makes clear the relations Those beginning at the extreme left (numbered I. but it is at least arranged in an orderly manner. Thus an outline map formed for the entire process of argument. or where it is to serve any other purpose than that of a preliminary sketch for the use of the individual speaker.) are the main headings which go directly to prove the proposition.. The best system of this kind is ex- plained in Baker's " Specimens of Argumentation " (Holt & . it will be found useful to employ a more elaborate system of correlation. so that the argument based on it should have a structure easily ap- many preciable. adapted to legal argument and developed so as to indicate not only is ®^* ^ ^' the plan but the substance of proof. that '' lawyers call a brief. II. objections are refuted. Where the outline is to be subjected to criticism or discussion. since their purpose * than would be found useful for is not so much This. are proofs one step further removed. is the simplest form of outline or brief." Legal briefs. fuller are much general debate.. and one using it should be able to tell at any particular point just how much had been proved. then.* It is such an outline as this. Objections are stated and refuted under the headings to which objection is supposed to be made.

and the attorney for the other side. the defect has already been indicated: The it secret of Hes chiefly in careless analysis of the question and the proof. as maps of the country to be traversed. 59 to aid the speaker in his argument as to give the court. illustrated by the brief on the Trust question. stance of the writer's case. This requires a full written statement of the facts in the case. they still serve. the consideration and "Principles of Argumentation" (Ginn & Co. alone. incases are submitted to court on the briefs deed.). for the time being. ground Yet the best legal briefs are as clear in structure as though they were mere numbering skeleton plans. the sub- Not infrequently. The preliminary work of the debater may now be assumed to be complete.). and is . Co. Too much stress cannot be laid on the fact that. Those who have had much to do with the briefs of inexperienced lawyers complain that they are often lamentably deficient in clearness and order. By conciseness of statement. the debater whether law or in a general assemhas constructed a strong plan for his argument has gone a good way toward win- who ning his case. and careful paragraphing. in a court of bly. without oral argument. in a sense. and a definite record of all the evidence necessary to give for a decision. the of the main divisions of the proof. in the Appendix.PRELIMINARY IVORK. We have of course passed over.

the debater should go before his audience so full of his subject. Another usepreliminary process. the problem of preliminary reading and study. it is not likely that either participant will have con- make and who vinced the other of error. But we have ex- amined in detail the process of analysis. so ready for whatever may be said about it. of the particular kinds of proof which will have been determined and brought together before even the outline of debate was prepared.66 THE ART OF DEBATE. After some hours' friendly discussion of this sort. When all this has been done. sure that no ideas relating to his Those friends are most shall escape him. subject useful who take the opposite side from his own. and the method of constructing an outline. but that will not matter. it may be observed. new light will certainly have been struck out by the clash of opposing minds. . and to drive home with the utmost possible effectiveness. prospective debater should ful A have no hesitation in order to in becoming a bore to his friends. will attack every position he occupies. that his only thought the sole thing about which he will have any doubt or fear will be to crowd what he — — it has to say into the appointed time. is that of conversation.

The principle is is very simple one. Through mentation. before being entitled to receive an answer from the other side. the central problem of arguthe nature and use of proof. " outline " we assumed being that the proof had already been collected." of proof or. BURDEN OF PROOF. The Burden of Proof is defined most . the confusion " simply in the use of terms. all the preliminary work this has been the object in view. the burden still the chief responsibility in the argument." a topic sorts of debate. it rests upon the side which . We now turn to examine the ques- At the outset tion of the so-called of this subject " we meet Burden all of great importance for of Proof. in is To put it in another way. another way. its nature more closely. yet one clearly in reality a concerning which few persons seem to be informed.simply as the obligation resting upon one or other of the parties to a controversy to establish by Proof de^^®^' proofs a given proposition.IV. We now approach what sort of proof and the point has been to ascertain just was needed and where it might In the consideration of the for the time be found.

would be assumed to be defeated if no progress at all were made in the consideration of the case. the plaintiff is the first to begin. " he who affirms case by making a statement. Here are the words of Lord Justice Bowen: "In every lawsuit somebody must go on with it. whom not a burden which rests forever on the perit is first cast. and must prove. nothing is done by the other side to answer The test. prima facie rebuts the evidence against which he is contending. If he makes a prima facie case. tice To continue the quotation from Lord Jus- Bowen: It is " son on turn. in his y finds evidence which. Co.E. the burden • Case of Ahrath v. or may it be shifted upon his In one sense. therefore. the defendant fails." "The plaintiff is criminal case —the prosecutor. Let us look first at this matter from the legal point of view.6a THE ART OF DEBATE. and fails. question then arises: does the burden of proof rest on this same party throughout the argument. No. as to the it." The. or if no more evidence was given than is given at this * particular point of the case. and if he does nothing Legal Definition. Ry. but as soon as he." or it is — in a he that He creates the brings the charge or complaint. . because the first to begin. burden of proof is simply to consider which party he would be successful if no evidence at all was given. it may certainly be opponent? shifted.

" A which may be logically assumed to be Proof and true until disproved. familiar." he raises a pre- sumption against the defendant. So if the burden ^^««^°^p*^°^of proof is on the plaintiff. Now. As the proceeding goes on.BURDEN OF PROOF. To his the same effect is work on Evidence: the language of Stephen in The burden of proof in any proceeding lies at first on that party against whom the judgtnent of the court would be given if no evidence at all were produced on either side.. but if the plaintiff makes what the " jurists call a prima facie case. shifts until 6$ satisfies again there is evidence which the that being so. We den can now " see the relation of this term to the closely related term '' that presumption is " " burpre- of proof sumption. the presumption favors the defendant. the question as to onus of proof is only a rule for deciding on whom the obHgation rests of going further. murder. the burden of proof may be shifted from the party on whom it rested at first by proving facts which raise a presumption in his favor. are perfectly sumed to be innocent until he Examples of this Thus every man is pre- is proved guilty. in a trial for have been committed." demand.. the accused person were shown to have been alone with the murdered man at the time when the crime was known to but if. if he wishes to win." " .". the prosecution would have .

then the burden shifts upon the defendant." " " (From an article on Presumptions of Law in the " Law Magazine. and he must either show that the signature to the document is not his. 4th. signed by the tenant. ever any thing or person appears or professes to be. . "The on the doctrine in many cases.64 THE ART OF DEBATE. reprinted in Prof. of legal presumptions be referred to the four folmay. made a prima facie upon the accused to and the burden would be overthrow the presumptive evidence against him. Whatcalled . then. . is considered to be the fact. but if his landlord attempts to evict him. until the contrary is proved. upon by a stranger to prove the title to their property. Or. in a civil case. . . in the first instance. which they might often be unable to do. Thayer's Preliminary Treatise on Evidence. That the affirmative of the issue must be proved. 2d. That possession is prima facie evidence of property. without sufficient evidence against him having been offered. which. be called on to prove a negative. 3d. otherwise men might be rules .") From one of point of view. the burden . would be conclusive. lowing maxims: ist. though the title was in fact good. or that the document is invalid for some other reason. a man is presumed to have a right to occupy the house he Hves in. or be put on his defence. That no one shall. if not contradicted or explained. case. and shows a document purporting to give him the right to do so.

." remained upon the plaintiff throughout the And. who will lose the case if he does not make that proposition out. or.^^^^^ in another point of view it ahvays rests on the side whose duty it is to prove the Two ^^^' said. proof ^S may be shifted from one side to the other by the raising of presumptions. in a trial for murder the duty is upon the prosecution. But from ^^^. from what it meant in the cases previously Professor Thayer states clearly: In legal discussion. from the beginning of the trial to the end. J. *' the burden of proof " really means something the distinction different cited. trial. . main proposition. the burden of It marks (i) The peproof. and. " * — when all has been said and done. culiar duty of him who has the risk of any given proposition on which parties are at issue.. broadly speaking. Thus Chief Justice Church in deciding the case of Caldwell vs.: " The burden of maintaining the affirmative of the issue. in a case dealing with the seizure of property. Co. whether at the beginning of a producing case or at any later moment throughout the trial or the of . (2) It stands for the duty going forward in argument or in evidence. properly speaking.* is used in several ways.BURDEN OF PROOF. N. to prove its whole case. .. the burden of proof. this phrase. the party laying claim against the apparent owner cannot get rid of the responsibility of proving the claim From this point of view laid down at the outset.

lay down a statement of such a character that reason requires us to believe it until someone else has taken the responsibility of proving it untrue. . and the dis- putant having the duty of proving it is said to hear the burden of proof. or at least lay down a state* Law of Evidence. p. or interruptions precision many of arguments. in which others. would be avoided. have seen We that in formal debates it is always unfortunate to have the question so worded that the first speaker must spend his time in supporting a proposition presumptively true. time in the exposition of these legal questions. As a matter of fact. like the at- torney for plaintiff or for prosecution in court. of course. bate. to the " " burden of proof in the debate question of the and if they were understood with absurd arguments. (3) THE ART OF DEBATE. One may. then. a proposition is laid down. In ordinary deof ordinary life. There it is an undiscriminated use of the either of the other either or both of the phrase. propose some new or untried policy. but such a statement is hardly suitable for debate. The first speaker."* It may mean would not have been reasonable to spend so much Burden of Formi'^ Debate. 355.66 discussion. from beginning to end. if they were technical matters peculiar to the practice of courts. should have the presumption against him: he should oppose existing conditions. perhaps more common than two. the principles just considered are perfectly applicable.

prevent him from doing so successfully.^ ^' BURDEN OF PROOF. a prima facie case his side. On the other Burden °^*^ ^^^' hand. as in law. untried measure. He he will enough to for his opponent. Thus. and it will be progress in his proof. will will close of his argument. or if the negative does nothing more than destroy what he builds up. yet the real presumption is against exIf he has to defend a new and isting conditions. not pre- have to make definite be under the obligafrom the beginning to the end of the debate. of his audience will is 67 ment which a portion pared to accept. although he has the burden of opposing existing conditions. who has the negative. but set . he may yet show that experience so leads up to this measure as to shift the presumption in its favor. and never forget or attempt to evade the responsibility. merely If he makes no positive case. of making good his proposition. If he proves any single point which establishes his case. he must be judged to have won. have been made for and the burden his show why they do not attack to be upon the negative his claim cannot be maintained. and the negative cannot overthrow it. there is a sense in which the burden of proof may shift back and forth. in one sense of the term. At the then. The first speaker may show in his first speech that. If argument directly. the disputant on whom rests the burden of proof must cheerfully accept it. he must be judged to have lost the debate. tion.

the presumption is again it in their favor. He must show that the ground of accusation was absolutely mistaken. ^the — Bnrdenof Generd Debate. he must. punishment by discovering a flaw in the indict- ment. Thus far we have looked at this matter from a somewhat rigidly technical point of view. point of vicw of the judgc. much more than this must be done. one may be seek- . One may be defending some President. been it said. runs the risk of finding his victory a sort of defeat A lawyer may save his client from in disguise.6B THE ART OF DEBATE. up a counter-case of their own. or by merely throwing such doubt over the evidence that the jury feels the guilt has not been proved accused beyond a reasonable doubt. if he can. It is not enough. applies to ar- gument but must be applied in a broader way. The same principle. as has in general. to try to win one's case on A debater who does so always technicalities. This is the sort of proof that is demanded for general debate. they do so successfully. and the affirmative must go on to further proof or meet defeat. or Mayor. or Senator. when addressing a general audience. whether in a court or in a matched debate." But if the to free himself from suspicion in the eyes of the community. is " not only prove himself not bad. the burden is still on them to establish that counter-case and to show that If evades the points made by the affirmative. but prove himself good.

It is not a ques- tion of whether the proposed law can be shown to meet the particular points where its opponents attctck it. He will not strive after ingenuity in juggHng with presumptions that depend upon forms of words. any proof offered by the affirmative at the opening of debate. general debater must win his case in a broader fashion than would be required of him in a court of law. but count for comparatively little in the public It is not a question of whether the Senator has done anything which might send him to prison. will this will be a technical presumption of innocence. but after success in dealing with the question: Where. or taking the part of some society or party against which wrong moIn all such cases there tives have been charged. So the. but the real burden of doubt upon the minds of his hearers. is a means of shifting: the burden of proof: .BURDEN OF PROOF. mind. but whether he is a good Senator. but whether on the whole it will be a good law. than its oppo- doing so to establish a ^^^^^^^e^^- . of course. does the true presumption He at this point in the argument? In a sense. but very Metnods of Shifting commonly of the most convenient is method presumption in favor of the proposition by showing that it is more reasonable. 69 ing support for some law. And the burden of proof which he will try to shift will not be the technical burden of proof. according to the feel- ing of my hearers. on the face of it.

nents have supposed. Some illustrations may mak<5 In a criminal trial the attempt of the this clear. compared with that of the separate States. for we all know that free- fully developed than when Washlaid the corner-stone of the Capitol. Some time ago a debating society discussed the question: ''Resolved. A second reason for doing so is because we have thus answered in advance the chief possible objections to this tendency. prosecution to show the general bad character of the accused. Having done this." The first speaker on the affirmative spent most of his time in showing that the resolution favored just such a process as had in fact been going on from the adoption of the Constitution up to the present time. is a case in point. They canington not urge that such a tendency will tend toward an imis dom now more . in order to establish the antecedent reasonableness of his guilt. since it is their business to argue against an established course of events. who have the heaviest re- sponsibility of proof. That in the United States the strength government should be gradually increased. he explained his object somewhat as follows: of the Federal as " Why have we taken so much time in a mere review of a past tendency. They cannot tell us that it defend threatens individual liberty. when we are to consider the present and future? In order to show that it is really our opponents. and ours to it. and not we.TO THE ART OF DEBATE.

but has by means of it crowded through all difficulties." or various proposed annexations of territory. the dissolution or absorption. They cannot say that such growth is a violation of the contract made at the adoption of the Constitution. 7^ know that to-day we let our citizens mind their we own business in a way that has scarcely been seen before. In these cases the _ ^ •^ debates on " example is to be found in the case of affirmative has borne a heavy proof. They must not complain of loss of the possible destruction of the individual State. that it is in line with certain natural has been anticipated and ex- . nation has not by this tendency moved away from any of the great ideas of the Constitution. unless they would show that we have steadily violated that contract for more than one hundred years. The affirmative has met this by the claim that the proposed expansion of interests developments. the extent to which they form departures from the usual policy of the country. for in the face of all this his- tory there is moment its no single State to-day that fears for one In short. and breathes very freely to-day. for proper increase in the functions of government.BURDEN OF PROOF. and of the fact the new dangers likely to be involved. or the its local authority." A similar expansion. and the negative has burden of made the Presnmption in Expansion ^^®^ *"^' most by emphasizing the novelty of such propositions. and have never discovered it.

been said. more recently. and to establish a preliminary pre- why it is not to be used. and again. ^^ ^^^ affirmative. One additional example will suffice. when an attractive opportunity for expansion is ofifered. This line of argument was used in connection with the annexation of Hawaii. and capable of ex- . He tried to relieve him. the afiBrmative has sought to relieve itself of the real burden of proof." sumption in its own favor. the idea of popular government. properly interpreted.72 THE ART OF DEBATE. the fact that he favored a change from familiar conditions. be a departure from an historic policy. that those opposing it should show pected by many of In other words. and the strong popular opinion against him." it has " whenever we have had opportunity. as held in is that all citizens having an interest in the operations of government. our public men. He showed how America. A debater had to argue in behalf of woman's suffrage. therefore. we may even claim that it is for us to demand. and our economic and political development has been such as to lead logically to what is now proposed.self of this in an interesting way. He had what mig-ht be called a triple burden ^ Presnmption inSuffi-age resting on him: that belonging naturally Qnestion. in con*' We nection with the territories won from Spain. have in fact annexed attractive territory. and that it would not. Nay.

If an intelligent traveler from another planet could be imagined as coming to visit our country and study its institutions. should have the right to do so through the franchise. and involved in nearly all the interests which citizenship seems intended to protect. under class. Women. . intellectual. her political privileges still lag behind. Her social. from causes now obsolete and merely traditional. He pointed out the several reasons why. in fact." It is for those who are able to do so (the argument concluded) to show why such an inconsisIn other tent condition of things should persist. period when the custom goes back to the physical force was the basis of gov- ernment. minors. this rule. constitute a fourth but evidently not from a similar reason. and yet they are excluded from the chief function of citizenship. and criminals are disfranchised. possessing those qualities which you say are the prerequisites of citizenship. words. and when woman had no public interests such as have arisen in the evolution of society. and business privileges have changed.BURDEN OF PROOF. idiots. he said. and establish a presumption for the proposed change. 73 pressing an intelligent opinion on its operations. You have one large class of persons. They are excluded. the attempt was to throw back the logical burden of proof upon the negative. he would be likely to say: " One thing I do not understand.

find themselves called however. Such methods are of no little value in the hands of those who radical or upon to defend unpopular measures. In all the cases the object was to secure a favorable attitude. They should never. In the third case the attempt was to show the intrinsic reasonableness of the proposition. in all of them. Thus if the question favor a court opposition. a plan is When . the affirmative must be ready to show particular cases in which it is true. they must accept the responsibility of showing particular ways in which it could be carried out. When the proposition laid down is a general one.74 THE ART OF DEBATE. side In the first case the affir- mative tried to establish the presumption by showing that to its own was really that of existing conditions. but the point of illustration is simply the general method Eeiationof pursued. In the second case the attempt was do the same thing by establishing a line of tendency made up of analogous conditions. Opinions will of course differ as to the value of these different lines of argument. on the part of those addressed. and explain any particular cases cited in proposed in somewhat vague terms. toward the side which technically had the presumption against it. which was essentially the same t^l^ltltive. nor be made an excuse for shirking that permanent burden of proof which we have seen always remains on one side of the controversy. be used to the exclusion of direct proof.

upon the affirmative to prove the proposition it lays down at . No jugglery of words.he general presumption by the affirmative. they are under no oblirests den upon them gation to bring instances. is Then his opponent will see for himself that he under the obligation to recapture his ground. Briefly to recapitulate: The burden of proof in the first place. the obligation resting is. A " good debater will rarely need to use the words '* burden of proof in his argument. Thus in every case the affirmative has always its original proposition to prove. they have their choice of the particular instance best suited to their purpose. If we reverse the question. and find the affirmative laying down the proposition that a court of arbitration is inadvisable. he will shift not the name but the reality. but upon the negative rests the responsibility of adducing at least one instance which established WiW overthrow '. as has already been sai4. 75 of arbitration. On the other hand. then the bur- to prove this true for all possible courts of arbitration. should be allowed to enter into this matter. by making his case so clear and strong that the audience will be carried with him. they must describe at least one sort of court which they will prove practicable. it —be one out of a hundred. the burden is upon the negative to attack that. or to tell his audience that he has been trying to shift the burden upon his opponent.BURDEN OF PROOF. and when that instance has been set up.

in the second place. and. the are it is simply .76 THE ART OF DEBATE. In a word. the outset. an obligation which it never escapes. demand of the audience: Show your proof if we to believe! . in the absence of such proof. the other side would — be judged to be in the right. the obligation of either disputant to produce proof at any moment when.

Too often the matter has been approached merely from the standpoint of theory. and deductive from another.METHODS OF PROOF. and the use of the simplest sort of evidence appears. to involve processes of reason- ing which are commonly thought of as belonging to complicated arguments.aii Proof As soon. the attempt with methods of proof. rather than from that of the practical debater. and to be disturbed if he cannot make this analysis consistent and inclu. and nence. attempt to classify processes of proof has been the bug^bear of students of argumenalways A dozen different systems of classification tation. a hundred difficulties arise. as one makes ^f^'^"* _ sive. a piece of seems to be inductive from one point of reasoning view. have been thought out by those who have analyzed the operations of the reasoning faculties from different points of view. however. One The seems to run into another. It is natural for one with an orderly mind to seek to analyze and classify all the processes that he makes use of. 77 . begins to apply his system to the various examples that occur to him. or of the principles of logic. when one sort of proof considers it closely.

which forms a basis for the study of logic. and the inference therefore uncertain. while at other times the experience is broad and prolonged. and cannot be applied thor- . All testimony. that the witness able and willing to tell the truth.yS THE ART OF DEBATE. all obscure inner likeness and methall ods of proof. as when we hear a voice and infer that a man speaking is the cause of the sound. are simply inferences based on experience. our processes of reasoning. all argument from authority is based on inference of a similar kind. while of course such argument as is called " " " " or is inferproof by Example by Analogy ence from experience of past instances similar to the one in question. when used is as proof. Sometimes the inferences are so rapid that we do not realize that the process has taken place. from experience of greater or less value. whereas sometimes they are labored and prolonged. is based on the inference. Reduced to lowest terms. The and these often difficulty is a real one. is only a matter of the point of view taken. Sometimes. again. as when we infer from innumerable instances that all men are mortal. the experience on which the inference is based is limited. as when we infer that a man will tell a lie because we knew him to tell one before. Even the distinction between inductive and deductive reasoning. The been various names systems things which are the in have fact invented of for only its superficial. great and small.

these methods from the standpoint of their use in practical debate. Indeed the great fallacy of inductive argument (mistaking an accompanying or preceding fact for a cause) is a form of the so-called fallacy of " post hoc ergo propter hoc J' which is treated in deductive logic as closely connected with " * the fallacy of Begging the Question. This is ling of testimony all is in a sense the first problem of debate where the facts are disputed. then. by which Let us. in the Establishing o^^'aots- discussion of debatable subjects in courts of law as (see compared with general debate II). The Process of Argument. we will examine all groups. and he does it largely by the calling of witnesses.METHODS OF PROOR oughly proof. see the ad- book by Sidgwick." put aside for our present purpose to arrange our methods of proof acany attempt cording to a perfectly consistent system. or where they need to be clearly brought out as a basis for • For a mirable little clear discussion of this " whole question. So the handChapter first The of the classes of the simple establishing of facts. they may be pigeon-holed in mutually exclusive the other hand. On We into have already seen something of the classes which various arguments naturally fall. and we are constantly making deductions are using inductions. in 79 comparing various in practical processes of In making inductions using deductions. was that what the lawyer does at the opening of his case.** .

This credibility will depend. and secondly. upon the ability. Experience shows that the most honest and interests. It will make no difference whether the matter is one conwhich any reasonable person could speak cerning with certainty. or one of those more comlittle — — plicated inferences (such as a chemist or a physician makes in analysis or diagnosis) where a mistake is easily possible. and may be private citizens. or merely common rumor. newspapers. and the great point in the use of their testimony will be to make its credibility clear. upon the wilHngness of the witOredibiuty of Witnesses. is altogether likely to see wishes . They may. it will make a difference whether the wit- ness has any imaginable interest in the establishment of the fact to which he testifies. greatly in the degree to which of course. of men events through glasses colored by ter in the are likely to see their prejudices and that one who investigates a mathope of finding certain facts which he to make known. argument. public men. Again. first. whether to put the same thought in other words it involves one of those rapid inferences which we are always making in commonplace matters. or whether it is one requiring the skill of a trained observer. differ very their testimony can be relied upon. The witnesses in general debate may be called from all quarters of the globe.8o THE ART OF DEBATE. ^^^s to give an accurate account of the matter under consideration.



what he went to see. So if an admirer of the Cubans g-oes to Cuba on a trip, and is followed by one who has no liking for the island or its inhabitants, we may expect that on their return they will present quite different reports, even on matters of Even if they have seen just the same things fact.
it is

not probable that they have, not having

been looking for them), their inferences have been




two comand the American that Spanish
conflicting reports of the

investigated the destruction of the battleship Maine, both having the same facts before them, present

a striking example of this tendency. So it happens that if a witness is known to be wholly without interest in the matter to which he testifies, as

when a scientist, traveling with his eyes open only to scientific truth, describes what he sees in Cuba










merely incidental testimony, with no thought as to its bearing on any disputed matter, or if he gives merely negative testimony, not mentioning a matter which he would naturally mention if it were


to him, or




to a fact which


opposed to


his prejudice or his interests, the testihas double value from such circumstances.

principle is simply that testimony is strengthened by whatever gives us reason to infer that the

fact as stated


an accurate representation of the

fact as existent.

of testimony,

These are some of the rules governing the value which are the result simply of our



experience with witnesses of all In the procedure of courts of

law these, and many others, have been reduced to a great system of rules rules which, like all rules of law, have their basis in common judgment but have been crystallized into an artificial code of practice. In speaking of the use of evidence in general debate, the only point requiring

emphasis is that the value of testimony, as determined by means of common judgment, shall be clearly brought out in the course of argument. A lawyer has ample opportunity to do this in connection with the giving of the testimony; by examination and cross-examination he brings out all
the points necessary to the establishing of the credibility of his witness. But a debater in general argument has no such opportunity; he cannot summon

witnesses in person, but must quote from their published utterances, and he usually has much less time

than the attorney in which to present his evidence. He must seek, then, in the very moment of giving his testimony, to show in a dozen words why it is to be believed, to point out the difference be-

tween testimony of a flimsy character, based on mere rumor or newspaper gossip, and that derived

from witnesses


of capable judgment and disinterested state of mind. If the facts of the case are in

dispute, or if their presentation is essential to the proving of one's proposition, this clear setting forth of one's testimony may be the critical point in the
of falling

argument. Some debaters make the grave error back upon general assertions, instead of being prepared to mass their witnesses when a

mere assertion

But questioned by the other side. will count for very little when a

really in dispute.

Expert testimony,

and argument from

authority, are clearly distinguished in legal proof; the one dealing with matters concerning j, ^^f^^^_ which testimony is being taken, the other timony and ^ ° ^' with matters of legal interpretation which

have been judicially decided. In general debate, however, the two are very similar. We have already seen something, in Chapter
of the argument from authority.

of the nature

In this case the

proof consists in the inference that the authority cited is competent to speak decisively on the point Such authority is, then, a kind of in qtiestion.
are more likely, however, to call testimony. " " it expert testimony when it concerns a disputed as when we give the opinion of a scientist or fact,


man concerning events which he is supfrom his position to understand with accuracy, posed " " when it concerns inferences ^-and authority
a business

of a


character, or principles on whicH only certain authorities have the ri^ht to speak. court, then, constitutes an authority on points of

more abstruse



astical matters;

a church constitutes an authority on ecclesia book universally accepted as the

source of information on matters within


constitutes an authority within that province like the United States Pharmacopeia, for example, in

matters of drugs.

All such authorities, evidently, to be useful for purposes of proof, must be recog-

nized as authoritative by those for


the dis-

puted point exercise no


be proved. A Spanish court will authority over the judgments of

American lawyers; a Roman Catholic prelate cannot affect the judgments of Protestants on points of The authority must be respected, or its religion.
authority, in matters of opinion, does not exist.

of the

was remarked in an earlier chapter that the use argument from authority is much slighter

general debate than in legal discus-


There are, in fact, few disputed matters on which an authority can be found, recognized by all whom one wishes to convince. In the matter of religion and theology, for

example, there
as existing


no general authority recognized


earth, outside the particular organs

officers of particular churches. The right of private judgment in religion, and the right of individual application of the principles of religion to






then, one




moral question, he

forced — except

debating a for a general

appeal to certain fundamental principles of Christianity or ethics, such as he beheves his audience
accepts -to bring proofs bearing on the particular case in dispute and appealing to the private judgments of those addressed. He not only can no

longer appeal to the church to declare that the sun goes round the earth, but he cannof appeal to it





and wrong.



decide according to their
this is




only one illustration of the decay of the from authority in modern debate. argument On the other hand, wherever the question in dis-

pute concerns matters in a particular sphere or
organization, and there is in that sphere or organization an authority which those mentfrom








^* °" ^'

an important

recognize, the argument from authority still has Examples are to be found place.

the decisions of the Supreme Court of the United States, on points relating to our constitutional law (though even here the private citizen does not hesitate to take issue with the court, if he is sufficiently venturesome); in the rules of order
or by-laws governing various parliamentary bodies and in the doctrines and practices governing par;

ticular religious sects.


the authority, then,

It is here in good part that In legal the question of individual skill comes in. To quote exten- when As in authorities are involved. particularly important that the debater should make such a statement of his authorities as bring out with clearness the phases of them which it is to his interest to emphasized And it is will no less important. but to the average audience will be obscure and uninteresting. proof it is no morc truly a matter of in- ference than the direct use of testimony or authority.86 is THE ART OF DEBATE. but involves inferences of a more elaborate and appreciable character. on the rapid bringing out of the points of authority which are essential to the matter in dispute. Let us consider these . " where a distinguished lawyer. argument. definitely recognized. This sort of Processes of The Eeasoning. in general debate. When these points can be obtained. the case of testimony. they are among the debater's most powerful weapons. that it may be shown to have the effect of proof on the matter in hand." says *' so much depends upon it is the marshalling of pre- cedents. sively will not only waste time. the task of the debater is to make clear just what the authority declares. third class of proof into which we divided legal argument was that of processes of reasoning applied to the facts obtained. therefore. Much depends. the debater usually has less time than the lawyer in which to develop his authority.

" since the method of is its was possible or probable. The object of the argument is to carry the minds of the jury to the moment immediately preceding the crime. on the ground that there was sufficient cause to produce it. or that A would profit by the property of B at his that show A had "death. and make them see that at that moment it was not unlikely that it would be committed by the accused person. matters before the fact in dispute are meant those circumstances leading up to the point under discussion. that B was aware of secrets which it was to A's interest not to have revealed. The great example of this method use to show that the event of proof cases. Argument based on these has commonly been called argument from " Antecedent Probability. if it was to be . which. when the time of the a priori By disputed event is past. is If B found in the proof of motive in criminal has been murdered. or on matters after the fact. Of these the most important are those which may have been the causes of the disputed fact. throwing some light upon that event. are examined as Evidence.'' METHODS OF PROOF. then an aspect of probability is thrown about the charge. the to of the prosecution is some motive in committing the If it can be shown that he bore an old crime. and A is accused first effort of the crime. 87 processes according as they are based on matters before the fact in dispute. grudge against B.

is the proof absolutely fecelnt^" Probability. at the time of its occurrence. difficult to convict a positive evidence against man of a serious . no one will bring A to trial if there is no evidence that B has been murdered. to be noticed that proof of antecedent probability is a very valuable accessory to other sorts of it is proof. It will be noticed that the value of character. committed In like manner. no amount of proof of motive will have any weig^ht against him. Such proof is also worthless if there is a single piece of strong evidence on the other side. when the other proof is is of a doubtful charac- Without the most it him. Nor will any one sue a builder on the ground of negligence. antecedent probability worthless. the attempt might be made to prove that the bridge was imperfectly consftructed. at all. but from facts previous to the completion of the structure which would indicate such negligence on the part of the builders as to lead to faulty construc- tion. not only from the fact of the accident. But on the other hand. after an acci- dent to a railroad bridge. ter. If A is shown to have been absent from the town where the murder was committed. No matter it how many tha:t circum- stances combine to make probable A will murder B.SB THE ART OF DEBATE. ^^ this sort of proof Value of is wholly of a preparatory and corroborative Standing by itself. if there is no proof of actual fault in his work.

Before presenting testimonies of cures. striking is the general disbelief in miracles A own eyes. testimony of cure is more readily received. that there was adequate cause for them in the constitution of the universe or the peculiar circumstances preceding their manifestation. it would be much easier to persuade them that the evidence was good. Such valuable.corroborative of direct evidence. not only as being. such things were antecedently reasonable. This suggests a somewhat wider use of the argu- . if they are con- vinced of its example Most and other alleged supernatural events.the way for such evidence in the mind. Predisposed opinis ions have such weight that it is difficult to persuade men to believe even direct evidence. crime proof if 89 no motive for it can be shown. from the nature of both disease and remedy. they make it plain why their particular remedy may be expected to cure such and such diseases.METHODS OF PROOF. after the reasonableness of cure has been indicated. but as preparing. people do not take the trouble even to investigate such events when reports of them are circulated. Advertisers of proprietary medicines make use of the same principle. too. because they are so firmly convinced of the improbability of supernatural ocIf they could once be convinced that currences. and do not credit even what seems to be the evidence of their of this antecedent improbabiHty.

analogy or example. In debating economic problems. will be in conformity with some — recognized economic law. for example. and never reaches beyond the point of show- ing that the matter in question is likely to be true. we must base our proofs on the resemblance between the disputed matter and similar matters which have come within the range of our . that it conforms to known laws.of demonstration. one may show that the alleged fact. The method IS ment from antecedent Antecedent which b Generd Debate. is based almost entirely on this method. that it is likely to be true. like that of the immortality of the soul. Proof of some hypotheses. In a certain sense ti^jg method of proof runs through all the methods we have discussed or can discuss. if it can be proved to exist. may be used in general. is that from Analogy or Example.90 THE ART OF DEBATE. Another sort of proof dependent on reasoning from matters before the fact in dispute. probability than the proof bascd simpIy on an adequate ^ause for an alleged effect. for since all proof is a matter of inference based on experience. and thus in a sense make the argument from authority a proof of antecedent probability. Or in proving a political proposition one may use the doctrines of authorities on political science to show that the proposition is likely to be true. to show that what one wishes to prove true is theoretically possible or probable. Such proof is widely serviceable. — indeed.

we may argue will act in that under similar circumstances he If a similar way. If the proof is based on only one or two examples. the circumstances of a murder are similar occurring some time to those of another before. we may judge that is.METHODS OF PROOF. of the future by the lamp of — the past. and will be likely to produce. or on a resemblance so slight as to deserve no better name than bility that analogy. we may use the history of the other country to prove what we wish about closely the modern said. experience. similar results. or to have pro- duced. economic or political. If the condition of a country. or that a smoke indicates fire. resembles that of another country in a period known to historians. we then say that the existing resemblance indicates a certain likelihood or proba- similar fact of experience. as Patrick Henry condition. the argu- . murder that we may argue the guilty person may be discovered in a manner similar to that previously employed. The weakest form of this argument. In all these cases we infer from similar conditions that similar causes are or have been at work. so numerous and orderly as to amount to actual demonstration. 91 Thus the inference that a voice in- dicates a person speaking. in a particular the fact in dispute will correspond to the Thus if a man has acted way under certain circumstances. is based on a number of examples running through all our past experience.

is frequently abused. then. That this mistake is a very old one is shown by some remarks of Sir Philip " Sidney in his Defense of Poesy ": ^[on for a proof. but only to explain to a willing hearer. result one gets by changing the metaphor! Once call " It is the brain an intellectual stomach. and call hardly lead one far in training that useful beast." " what a different astonishing. in which case one's knowledge of the digestive process becomes It was doubtless an ingenious idea quite irrelevant. may illuminate an argument ." he said. Abuse of Anaiogy. than any whit informing the judgment. and one's ingenious conception of the classics and geometry as plows and harrows seems to settle nothingo But then it is open to the of white paper or a mirror." Resemblances. in connection with '' the reception of any subsequent crop. but it would some one else mind a sheet to follow great authorities. Stelling's favorite that the classics and geometry constimetaphor." she observed. already either satisfied or by similitudes not to be satisfied. the rest is a most tedious prattling: rather over-swaying the memory from the pur- pose whereto they were applied. Many debaters in fact mistake a mere illustra- ment from analogy. " not being to prove anything to a contrary disputer. tuted that culture of the mind which prepared it for Eliot.92 THE ART OF DEBATE." The same thought was suggested by George Mr. " The force of a similitude. to call the camel the ship of the desert.

but that one must chop a little side. to which of them applied to the the question as hquor traffic in the particular community concerned. not to trim this indicated it or fence it. then a little on the other. when they admittedly cal embellishments. hastily but neither speaker had done anything by way of The first one had illustrated the principle proof. 93 pies are involved. The impression produced was speaker had the best fact that the second of the argument. otherwise they are indicate that similar princi" mere rhetori- In a debate on the prohibition of the liquor traffic the advocate of prohibition compared the liquor traffic to a deadly upas-tree. that an admitted evil is to be destroyed if possible. and urged that the only thing to do with such a tree was. He had in of a rhetorical opportunity. such as chosen illustrations will commonly afford. but to cut it method of prohibition. was still un- touched. while it might be a good plan to cut down the tree. His opponent replied that. and that a long period of maneuvering is necessary before the fall of the tree can be accomplished. down. a great tree cannot the be felled at on one a stroke. Both principles were perfectly obvious. These are some of the methods of argument based on matters before the fact in dispute. They .METHODS OF PROOF. made use the second had illustrated the principle that evils cannot always be destroyed at a single blow.

If a man has been shot if we know that somecan- one shot him. facts appearing after the disputed event. which attempts to show the probability ^f an event by pointing out causes likely A posteriori Evidence. but a man has fired a shot we not say certainly that it took effect.94 THE ART OF DEBATE. if an act has been accomplished we know there was a motive back of it. all the facts relating the accused person after the occurrence of the to crime belong to proofs of this class. Or. but we cannot be so sure that a motive Proofs arising from will be completed in action. since it is easier to see the cause of an effect than to predict an effect from a cause. " in a trial for murder. are often valuable as introductory to more direct proof. -to producc it. The fact that Thus . We based on matters after the fact in dispute. Corresponding to the argument from antecedent probability. ment. they are rarely of value now turn to proof standing by themselves. This is a safer method of proof than the former. are therefore among the most highly valued methods of argu- They are frequently called arguments from Sign." the effect being regarded as the sign of the cause. in order to prepare one's hearers for such proof and to indicate that one's proposition is reasonable and probable. indicating the disputed event as their cause. is the argument which out effects likely to have been produced by points the event in question.

that there was blood upon his garments. that footprints near the place of the murder correspond with the shape of his shoe. evidence drawn from the condition of the track where the accident occurred. proof which is called and the danger of relying too impHcitly on such evidence has passed into a proverb. statistics are quoted showing increased prosperity in the years following the time when the system in question took effect. But this method of proof. these are effects indicating his guilt as the cause.pistol in his hand. or from the condition of the signals in a switching-tower. Such law facts indicate the beneficial operation of the as the cause of the increased prosperity. in a suit based on criminal negligence in a railroad accident. Much hesitation is felt in convicting a man of a crime on cir- . that he hid all himself and showed consciousness of guilt. — Or. " " circumstantial evidence.Limitationa yet have occurred to the reader that the ready relied gj^^^n"^ examples just given belong to that sort of Evidence. while it is more to be upon than proof from antecedent probability. 95 the accused was found with a smoking. would be all effects indicating criminal negligence as their cause. The same sort of proof is common in The use of statistics furnishes In order to prove that a cermonetary system has been beneficial a familiar example. has marked limitations. It will al. tain tariff or to the country.METHODS OF PROOF. kinds of debate.

be prepared to show that there was no other cause operating to produce the prosperity. The difficulty is to prove so large a negative as the statement that there are no other possible The same difficulty is causes than the one alleged. These assumptions. is based on two as- sumptions: sufficient to that the alleged fact was of itself be a cause of the known fact." have been striking Some such as Miss Green's '' The source thought. as well as that the law in question was comit. are difficult of certain proof. It forms the chief strongly hindrance to the use of as those indicated a statistics in such arguments moment ago. felt in general debate. " works Leavenworth " and Miss Woolson's Anne. and other facts have afterward been discovered which were ample to account for the facts first Men known. existent at the second. theoretically. and that there was no other fact. Case of fiction. written to illustrate the danger of such judgments. he must.96 THE ART OF DEBATE. petent to produce But in public affairs all man- .-je of the known fact. same time. have therefore been convicted of crime on the ground that known facts could be accounted for only by their guilt. of the danger is evident on a moment's This method of proof first. which may have been sufficient cau. without the assumption of guilt. If one is to prove that the prosperity of a given year was due to a certain tariff law passed the year previous. cumstantial evidence alone. especially the second.

97 ner of causes and effects are almost inextricably interwoven. arrange materials so as to the particular event under investigation all concomitant circumstances. But students of economic and political laws cannot Such dififiordinarily do anything of this kind. culties are so well recognized that many economists from confine their proofs almost entirely to the range that is. 'this. are more complicated problems of interpretaSuch problems. so that it is a serious task to trace out any one event or force to its own particular consequences. of antecedent probability. however. when analyzed. however. Students of natural science. de- — — clining to give evidence drawn from concrete facts. inferences to questions. Thus far we have been considering methods of proof most clearly applicable to questions of disputed fact fact. If antecedent probability and sign agree. in which are to be drawn from one ggaToidngf another.METHODS OF PROOF. that is. found to depend upon such simple processes as we have already consid- . Beyond these are the tion and application. and perform original experiments in order to test their theories. in order to isolate study cause and effect. of theory. to let either the argument from cause or that from effect go without the support of the other. one's case will be strong. of course imperils the convincingIt is usually dangerous ness of their arguments.

and if one can then search out and establish the essential facts that belong to it. the conclusion is plain. the election of a certain candidate.) \ 98 THE ART OF DEBATE. Such questions difQuestions ^^^^' fer from those involving legal discussion. from an analysis of its text. and then. then. is This is expressed in the syllogism. or the acceptance of a certain line of . on which one*s case must be decided. the rest is simply that application of facts to principles which any normal mind can be trusted to make. because they are directed not to the past or present. The third term of the syllogism never The great task of the debater. is will proceed naturally to the conclusion. to set forth the principles and the facts at issue in such a manner that their relations are perfectly clear and that the minds of those addressed needs to be proved. the sort of reasoning that When one says that all men are mortal and that A is a man. it only requires that the two facts shall be set forth so as to be readily compared. Something should be said of methods of proof in questions of policy. bidden. If one can establish the general principles ered. but to the future. that a given law is an ex post facto law. beyond what was suggested regarding them in the chapter on DeProofin of batable Questions. If one argues for the adoption of a certain law. in order to have it believed that In like manner. if one shows from the Constitution that an ex post facto law is for- A is mortal.

and to which the rules of evidence applicable to past events cannot be directly applied. The rea- sons for doing this will be the same that lead one to use the argument from antecedent probability on questions of disputed fact. monly depend first upon principle. as was hinted These questions of adoption. he is dealing with issues not yet reached. that the adoption of woman's suffrage . the passage of the tariff law will depend in part upon what can be shown of the effect of previous tariff laws. in the place. of arguments in which such an Thus in the argument on effort was made. Yet the proof of facts is the almost always involved. We may recall the examples suggested. in the last chapter. The effort is really to raise. in favor of woman's first suffrage the effort was to show.METHODS OF PROOF. will and then be practically useful. This may be compared with the method of proof based on matters before the fact and that based on matters after the In other words. one will seek first to show fact. The choice of candidate will depend on proof as to his career in the past. before giving evidence of its probable success. secondly upon The task is to show that a given proposiis it tion that theoretically just or reasonable. at the outset. of conduct will depend on the its the adoption of a line fact that others have prospered by policy. 99 conduct. the antecedent reasonableness of the policy. in the former chapter. a presumption one's case. com- interest.

This general method of proof.. as beneficial to the state and its interests. He 1. corresponding cases. . (3) It will be true questions. causes. It was antecedently probable that should do so. in the second place. suggestive of the general manner of setabout the preparation of argument. to show that the evidence of experience fav- ored the plan. (2) It is true as shown by the facts in the particular case examined. then. Direct testimony. government held in a republic like our own. Such and such a statute makes a crime. in all Bohemes of Proof. 1. a) h) he II. ting (I. two-fold in its form. h) Facts drawn from He is shown to have done so. A is guilty I. 2. Let us further illustrate these various methods Typical q{ proof by a number of typical outlines.xoo THE ART OF DEBATE. Facts that are effects. face of it would be on the in consideration of the theories of reasonable and natural. The law makes this act a crime.) . is applicable to all sorts of debatable The general development of the argument will be. and we may add. 2. There is every reason why it should (moral it reasons). (i) The proposition is likely to be true. of crime. committed the act charged. r . a) Facts that were competent similar cases. ..

a) fl') X y is needed.METHODS OF a) It b) PROQF. It meets existing needs. 1. It is expedient. 3. It is favored by A. (II. ":r. in accordance with prin- ciple). 1. just (i.) and (II. T ' > . Particular types of proof in syllogistic form are as. y is Such outHnes as (I.e. has worked well elsewhere. There 4r is is no better plan.. o) 3. '. is It is in 2. antecedently reasonable. effects will The be good a) upon the interests oi x\ b) upon the interests of y. .iOt makes " x** a crime.) evidently involve the syllogistic type of argument for the establishment of certain of their parts. It It will supply y. III. be adopted.) The proposed plan should I. follows: . It accordance with precedent. not better. ^ . not better. It is 1. 2. Testimony.: \ . B and C II. 2. It will is b) b') supply X. needed." This act i. . is Authority in similar cases.

) A is 1.) THE ART OF DEBATE. Again. A is 1. and y y is characteristic of A. In 2. is . 2. 2. The law x covers 0.) inverted would become (VI. Contrary to principle. inexpedient. commendable. II. A involves (p. Contrary to precedent. is commendable. etc. commendable. 3. 1. unreasonable. 2'.) X should not be adopted. a) Testimony. Meets no existing needs. It is 1. .' #*S* (III. and characteristic of A.r is etc.) Evils exist. 2. X X exists. (IV. a) It seems to be intended to meet b) But a is not needed. or q). a case coming under the law x. i'. Thus (II. (V. Has proved unsuccessful. is an evil. I. 2. It is 1. a. we may invert any of these types for thtf purpose of proving a negative. . and q. />.

y and It is of this way all course quite impracticable to suggest in possible types of choice and arrange- . a plan might take fhe form of (VII. Such is reserved with a sort of cumulative effect. I. 3. 5. Fails to explain facts x. The 1. such as a. 3. we may arrange it that all parts of the proof in such a way relating to general conditions may be treated together. is better. 2. B and C. Satisfy the interests of A. By such a method the full nature of the proof. upon the interests of B. a better plan. 4. Finally. 103 Effects a) b) would be evil upon the interests of A. to the principle x. consistent with precedent.METHODS OF PROOF. as introductory. Conform 2. B and C. proposition in question Violates the principle x. perhaps of the proposition itself. Be c. 3. b and c. b and 4. There 3. Meet existing needs. Is inconsistent with precedent. 6. Has proved Is unsuccessful where tried.) I. 6. 2. and all parts relating to the particular case in dispute in a second division. interests of opposed to the A. Does not meet needs such as a. 5. In a case like the present the true proposition must 1. Explain all the facts in the case. Have proved successful where tried. is III. II.

To do this successfully one may ask himself these questions: What facts must I estabHsh? By w*hat witnesses can I establish them? Can I cite any accepted authority in my behalf? How can I show the antecedent reacase sonableness of my proposition? What evidence adduce that can be explained in no other way than by the truth of my proposition? And if the question be one of policy. But a word of caution must be said against the assumption that when one has found a method of proof he has really proved his case. Processes of can I — — reasoning. It is sufficient ment to show how a few such outlines indicate the general methods which may most conveniently be followed in the demonstration of ordinary propositions. The particular must always determine how the methods are The analysis of the to be chosen and combined. will show just what must be proved. how can I show that the proposition conforms to the principles in which my hearers believe. are all very well. To have command is the business of the No mistake more common. are the common methods of proof. of proof.I04 THE ART OF DEBATE. rest upon is facts. then. and to the interests which most concern them? These. but they must ultimately these facts at his debater. one question may then apply the means of proof described in this chapter to the thing to be proved and the audience to be addressed. among . keenly devised.

It is true that all fine opportunity to trip one up. It will pay. One need not confess all the weaknesses of his case to his hearers. but which are not backed up by evidence. indicates. it may victions be well to remember that other people's conought naturally to be established on no and no worse foundations than one's own. but when one is speaking from conviction. than the habit of if 105 making many aswould no doubt prove their case. that something more than self. to be honest with one's and consider carefully what can be proved conclusively for one's case. then. The proof that is sufficient for an honest speaker ought to suffice for an honest hearer. that tainty. young debaters. true. and what cannot be proved at all. Many a speech which seems to contain a good deal sertions which. . equal and brought to the point of the desired action. what can be proved °^®"y" only to a certain degree of probability. There is no need of asserting roundly what is after all only a better It gives one's opponent probability or a guess. proof is in a sense only an approximation to cer- the certainty of the hearer can be to the honest certainty of the speaker. opinions must be shown. but if made is enough.METHODS OF PROOF. of course. of material can really be reduced to a series of statements of the speaker's opinions about the subBut the very fact that the subject is debated ject.

indeed. there- well-prepared disputant will have deter- mined what position he will take regarding every probable argument of his opponent. The outline of various methods of proof. — When — refutation constitutes it one's work. as given in the preceding chapter. quite as definitely as he will have determined what direct just proof he will offer for himself. has already indicated. Thus Whatisto the^r'odte Side? far we have considered the subject of proof positive side: given a propoto demonstrate the truth of almost entirely on sition. one has the negative side. how to demon- strate the error of the opposite proposition. io6 by . the Before entering upon debate. that the study of both sides of the question. the opposite side from that on which the burden of proof chiefly the great part of has already been remarked. fore. in the chapter on Preliminary Work. and of what is necrests.VI. METHODS OF REFUTATION. ^^^ its how ^^^ ^^ ^^^ ^^^^ °^ ^ debatable sub- ject there must always be in mind the other side of one's task: namely. And other. essary to be said on one side in refutation of the is an indispensable part of the preliminary analysis.

To refute an argument one must simply understand its weak points and aim at them. The were drawn from them. it must be shown that the argument though per- haps good in itself is insufficient to prove the main proposition in dispute. of three There is a methods of refutation. but wrong inferences may say. time will of course be saved. One alleged facts are not true. offering of testimony. or.METHODS OF REFUTATION. then. the inferences would be unwarranted. and the opponent who has occupied himself in establishing the admitted facts may be regarded as having done quite as much for one side as for . The facts alleged are not true. or. The facts were correctly stated. If one can follow the sec- ond method with safety. In considering the facts set forth by an opponent. implication. If no weak points can be found. The place and order in which this refutation will be undertaken are matters that we must consider a little later. division of proof was that relating to the simple establishing of the facts in the case. For the present it — — will be well briefly to reconsider the vari- ous methods of proof. having in mind the manner in which they are open to attack. one must first of all decide whether they may be admitted as true The or whether they must be disputed. choice. the 107 methods which are naturally to be employed in refutation. and this was seen to be done largely by the first Questioning o^ I'acts. and even if they were.

one must show distinctly why they are not to be believed. If the witness can be shown to be prejuIf diced. All testimony. then suspicion will be justly aroused. and that he is willing tell it. it will ordinarily not be safe to ignore it. the other. for example. statistics are offered by one side. simply by intro- ducing an almanac and showing that there could have been no moonlight at the time in question. their incorrectness must be clearly pointed out. or that they are inconsistent with facts generally known. The simplest way of doing this is to show them incredible: that they are on the face of that they contradict each other.Io8 THE ART OF DEBATE. but if apparently good wit- have been nesses have testified. as was indicated in the last chapter. testimony may simply be demanded. shown by the other by persons interested to prove it. and it can be to side that they were compiled expressly for the purpose of proving the disputed fact. It may be that one can indicate the incredibility of alleged facts simply by proving the contrary facts. Thus Mr. the alleged facts cannot properly be admitted. capable of knowing the truth about the point in question. If. is based on the assumption that the witness is Attacking Testimony. on the other hand. If no witnesses produced. a presump- . Lincoln is said to have refuted testimony regarding events alleged to have occurred on a moonlight night. Yet if testimony has been offered by the other side.

either the character of the witnesses or the conSee the reprint sistency of their testimony being attacked. and there are many matters. " of the speech in Baker's Specimens of Argumentation. or mechanics. and perhaps even prompted or coached in advance of giving his testimony will in so far be open to testimony. 109 If the tion will have been raised against them. witness is distinctly a witness for the disputant on one side of the question. 111-131." especially pp. If testimony can be shown to be worthless in no other way. And on the other hand. A . if the witness question. the effect is of course the same. one may attack the general character of the witness so as to destroy belief in his truthfulness. or a deaf person. involving elements of art. would be incompetent to testify on matters requir- ing the use of the senses. so — — as not to be trusted in dealing with the particular matters in question. questioned so as to bring out what the disputant desires to show. methods are well and skilled lawyers *A classic is example evidence Lord Erskine's great speech of skillful handling of an opponent's in defense of Lord George Gordon. can be shown to be of incompetent judgment. Thus a color-blind person. great part of the defense consisted in the analysis of the testimony presented by the Crown. 1781.* All these recognized in courts of law. on which witnesses must speak according to their education or experience along particular lines. if he has been sought out by that disputant.METHODS OF REFUTATION. or practical business. February 5.

appeal from the alleged authority to the individual conscience. may quote the judgment of a highly respected court. as we have seen. so ex cathedra judgment set up that there can be no to which reverence must be paid. like that of the Supreme Court of . on which any individual — form his own judgments. for example. it may be. Closely connected with the handling of testimony. This is the priviis at liberty to lege of any debater. for example. Spend much time in refuting the testimony offered by the other side. The debater must emphasize clearly the points about the testimony or the witness which are open to THE ART OF DEBATE. that the matter is one. when an authority he is quoted on matters of religion or morals. Or. is the use of the argument Refutation of Authority. so as to destroy belief in the alleged facts in the minds of those who have heard them stated. by means of cross-examination of witnesses and the like. a lawyer. Argument of this sort the j^^y of coursc bc refuted by showing that authority cited is really not competent to speak authoritatively on the matter in dispute. one may quote a dissent- may ing opinion from an authority at least as good as that quoted by one's opponent. and thus raise a presumption that one's own position has as at least good standing as the opposite. In general debate one is forced to refute testimony in a more rapid and more indirect fashion. ^^0^1 authority.

it may arouse prejudice to attack it in an obvious way. in a case Thus . as m the case of of a priori may be refuted in one of ^^^®^*'®* two ways: by showing that the fact alleged as cause did not exist. against that of another court less widely and favorably known. and if the authority cited by an opponent is recognized and reis at best — spected by one's audience. it was not sufficient to produce the disputed that an accident where it should be argued was due to defective construction on the part of the builders.^ ^ . it . in a sense. however. Proof based on a cause which it is argued was sufficient to pro. It will commonly be wiser to treat the authority courteously. proof. that in a very large number of cases it is not worth while to attempt to refute directly the argument from authority. or that. HI Massachusetts. We come now to proof based on inference from matters before the fact. when they would only be roused to defend it if it were directly attacked. on the ground that they had been observed to do their work in a negevent. Those who reverence any book or body of men may be led to forsake their authority unaware. In most debates such an ar- gument merely corroborative. but to heap up so much proof on the other side as to show great likelihood either that it was mistaken or that was misinterpreted. It may be said. fact. while admittedly existing. duce the disputed proof of motive.METHODS OF REFUTATION. of antecedent probability..

XI2 THE ART OF DEBATE. In general. to show that if one's opponent's case is reasonable on the it. of refuting a proof of an- face of equally so. it cannot be said that the first argument has been definitely answered. The argument from Example. it difficult to overthrow definitely. is also set forth likely to be of so slight a character as to require small attention from the opposing debater. opposing proof might be directed to show that there had been no neghgence. sons why he was unlikely to do it. ligent manner. standing it by itself. Thus in the case of proof of motive. it is . however. could — — have resulted in the accident whose cause was in dispute. this sort of The safest method proof is usually to set up tecedent probability on the other side. but its effect has been largely destroyed. and hence to raise the presumption that the a priori argument of the other side counts for very little. If reasons have one's is own been why A would be likely to have done and one can in reply show good reaa certain act. so called. or to show that no amount of that being impossible negligence. The same causes which make make it a weak form of proof. sible to usually imposprove that the motive was insufBcient to account for the act alleged. and in general one cannot do much in proving what an alleged cause it is could not produce. the argument from antecedent probability is not susceptible of satisfactory direct refutation. in the particular form charged.

it may be rejoined that there are essential differences between the conditions of government in England and the United States. the force of the example yers. ^a step " toward the parliament of man.METHODS OF REFUTATION. there is a difference in one important particular. when destroyed. and that on that difference the decision of the court must turn. of 113 course to be refuted. when a debater cites the relations of England with her colonies territory. dispute. In a debate in favor of an international court of arbitration. and that proposed in a mere treaty of arbitration: in the former case." It was rejoined by the negative. so the establishment of international relations was a natural step in advance. which practically nullify the comparison. Thus it is common for lawthe judgment of a court has been cited to point against them by the opposing counsel. Or. however. just as had grown out of families and nations out of tribes. that there is an important difference between — the growth of government in the development of nations and federations. all . in ^^ by showing that the some essential particular example from the case cited differs in Refutation Example. the federation of the world. when necessary. it posed dependent policies in the case of the as precedent for proUnited States and tribes was argued by the affirmative that. When is this can be done. out by way of refutation that while the case cited resembles the pending case in superficial features.

sufficient to if it existed. yet without any united legislative body for the promulgation of laws. and without any executive arm to carry the decisions of the international tribunal into effect. would have been in- produce the are other facts equally known fact. in the preceding must have made clear the points at which chapter. fective. whereas it is now proposed to unite two — nations in certain judicial arrangements. Thus in a trial for murder. ^^^^ proof as that by cumstautial evidence. we saw. The refutation was ingenious and ef- We E fat ti by inferences f must next consider the refutation of proof drawn from matters after the fact. judicial. on the assumption that the known fact can be ac- counted for only by presuming the disputed fact as its cause. or that there well known which might have produced it. Our examination ^^ ^j^j^ method of proof. This proof rests. in such a way as to destroy the necessity of assuming that . departments of government have grown and been magnified together. if the case against the accused person rested on the fact that he was found near the scene of the murder with blood on his clothing. therefore.114 THE ART OF DEBATE. " — " sign or cir- a posteriori 71 ence. the defense would undertake to account for his presence and for the blood-stains. it can be shown either that the disputed fact. and legislative. If. executive. it is open to refutation. the proof is overthrown.

Effects. and show definitely that the cause may be known to be different from that alleged. the proof " by benefits of the system adoption the arrests for by showing that after its drunkenness in the affected The territory had greatly decreased in number. his guilt 115 use of case was the only possible cause. " is completely sign overthrown. the opposing side must show that the figures can be accounted for on a different assumpIf they can go further than to show that tion. It deals with one of the most difficult duties of the rea. The same reasons which make it hard to determine. The affirmative attempted to prove the they could be so accounted for.oaugesand that relating to causes and effects. occurring at just the time in question. were sufficient to account for the smaller number of arrests with- out indicating any diminution in the amount of liquor consumed. was able to make it appear that certain changes in the police regulations. in the statistics. Or. which wx saw to be a common circumstantial evidence. other side. This sort of refutation one of the most important weapons of the debater. son. when one has recovered from a disease. however. An interesting case of this kind occurred in a debate on the so-called Norwegian or " " system of regulating the liquor dispensary traffic. of when certain figures are offered as proof that a given law was beneficial.METHODS OF REFUTATION. whether is — .

" says Rogers. these soils being cultivated in another way. or taken into cultivation. an increased population became possible. " not a shadow of evidence. A is good illustration of refutation under this head Inductive Logic. in his ** Manual of Political from Professor Rogers's " Economy. a mind well stored with fcu:ts pertinent to the subject in hand. the fallacy which hoc ergo propter hoc/' assumes that because one event is observed to suc- — fallacy of *' Post ceed another. when agriculture must have supplied the means on which To that increased population could have existed? make increased population the cause of improved agri- ." quoted by Fowler. The lowed increase of population has not preceded but folIt is not the this occupation and cultivation. make fallacy called by logicians the that is. is due to the medicine taken or to it hard to decide on the results of particular laws and on many questions of public When there is a defect in the argument policy. it must be the effect of the latter. it is commonly due to the the recovery other caUvSes. To refute this fallacy successfully requires. but the fact that. above all things. pressure of population on the means of subsistence which has led men to cultivate inferior soils. How could an increased population have stimulated greater labour in agriculture." " There is in support of the statement that inferior lands have been occupied and cultivated as population increases.Ii6 THE ART OF DEBATE. from cause and effect.

industry . matters little it be. The task of the refuting deis to keep his attack concentrated on these weak points. therefore. forces of the enemy. 323). the different facts may act and react upon each So with other. culture is n? to commit the absurd blunder of confound- * ing cause and effect. in which it is pointed out that even when we have reduced our facts to those which are actually related as cause and effect. just as it wall of a fort strong the rest of the case may matters little how large a break in the how may be. there is one such gap in an argument. though what it does possess may be just * " competent to sustain life. national character and environment. in turn. Let us examine some common classes of these gaps or fallacies. drunkenness and poverty. If refu- paiiacies tation consists in pointing out gaps in or Gaps. so that each. " and wealth. Fowler adds the remark that this argument appears to ignore the fact that a population may have an insufficient supply of food. intelligence and good government. and the like." A fallacy may be called a gap in a process of reaall soning. C." in difficulty Fowler's Logic. the quotation from Sir G. in the first place. The opponent may have Dr. See. Lewis (p. There may be. sufficient to expose the whole case to attack from without. The entire chapter on " Fallacies Incident to Induction. and it may be said in a sense that the arguments of one's opponents. if it is sufficient to admit the bater." The whole question indicates the of arguing accurately about economic conditions." is full of suggestions to students of argument. is both cause and effect. a mere lack of evidence. for example.METHODS OF REFUTATION.

Jingo in the popular sense." and the like. or to assume what one is bound to prove. fallacy of made assumptions which he was bound Beffffingthe Question. therefore. a conservative or a reactionary. really involve this question-begging epithet. said to same." The term " Jingo " is a term of recent origin which A strong in his patriotism. makes no little one whether we call a man difference." says a progressive " " well illustrates this sort of fallacy." used by Jeremy Bentham. and yet draws a conclusion depending on the assumption that the two words are the." free trade. to prove." *' democrat. '^^^^ '' involvcs the so-callcd Begging the Question. first " involving the use of such *' " socialist." or ^' dence. a citizen over-noisy or head- or a revolutionist. which no . is. Thus one beg the question when he uses a word at. to beg the question. is merely to make statements which appear to be convincing but which are really unsupported by eviPetitio Principii. one time in one sense. Many arguments as words " lacy. many is In a larger sense this fallacy is involved in inferences of a complicated sort. to say that a certain opinion.Il8 THE ART OF DEBATE. It Thus the phrase very purpose of discrediting the person or thing in question. indicates ''Jingoism." In its simplest sense.'* fal- expansion. has come to be commonly applied to any term applied for the " " writer." is to call is it over-no'isy or unreasonably patriotic. and at another time in a different sense.

since the state always decides just which citizens It was replied that such shall constitute voters. and that to apply them in the prejudicial sense is simply to assume what one must prove.METHODS OF REFUTATION. Such instances begging the question are to be refuted by caUing attention to the fact that the term used has two meanings. in the fortunes of individual citizens." said a speaker in a recent political campaign. therefore. and nothing as to natural right is proved. This somewhat ingenious argument illustrates how bate in the fallacy of begging the question appears in deall manner of forms. " that if this measure is adopted we shall have too . an argument really begged the question. that the state sets limits to citizenship and suffrage is merely equivalent to saying that those who enjoy such privileges usually have a certain power to keep others from getting them. 119 doubt the very matter in dispute. of In a recent debate on a question relating to the extension of the suffrage. to be found in " We are told. as though it meant an increase or diminution lems. it was argued on one side that citizens have no inherent right to vote. Similar examples are many discussions of monetary probSpeakers often refer to an increase or diminution in the amount of currency in circulation. a colorless one and a prejudicial one. since the very point at issue was: who constitute the state? and have a right to exercise authority in its name? To say.

and seems to have proved the matter in dispute when he can be shown to have proved something quite different. such as shifts his we discussed a moment ago. whether by one means or another. Qucstiou." A I much do not know how you feel it." This is proof offered and the main question under debate. Such cases may arise from the use of ambiguous terms in two different senses. A called particular " form of this fallacy is sometimes Ignoratio Elenchi.I20 THE ART OF DEBATE. but more question-begging argument could not be imagined. I about have never yet seen the time when I had too much money. is to assume what that To assume must be proved. he must ask himself: Will this the property of the be in the hands of a few individual citizens? or Will it come into the general money be government? Will circulation? ditions is it any one of these conthe same as any other. currency. It appears when the debater really Ignoring the a gap between the or " argument from one issue to another. Whenever one has to consider the possibility of more money being brought into the country." Ignoring the Qnestion. Many debaters show marvelous skill in ciple that instance . and I have never met any one else who complained that he had too much. Or they may appear when the argument is shifted from the general prinunder discussion to some one instance. and is made to take the place of the whole question.

public justice. are easily be called boundaries and intermingle In a sense most flaws in proof may ** non sequitur. and how this has been neglected for other things. gliding to 121 almost imperceptibly it from one proposition another. fallacies. instances of Their — . is cion that he feels that his actual proof is weak.METHODS OF REFUTATION. make them hold who of are corresponding skill to Thus even lawyers. one may have a suspi- one often ence. It will be seen that these various called. arguments. will evidence —when their —attempt to case is weak on the by much side win juries talk about vague matters of justice and righteousness." that is. held within bounds more than most derequires their ground. of the nation hears or individuals con- to matters argument relating solely of theoretical right and justice. and applied as exact names to particular lost. so- cannot be perfectly distinguished from one another. freedom and independand similar phrases. Whenever a debater indulges largely in vague talk about personal liberty. and then show with rigid distinctness just what the question involves. In debates where the question is stated to be one interests of the cerned. This In all is the opportunity for efsuch cases it is one's privi- lege to admit everything that has been said on the side issue. not involved in the question of interest at all. fective refutation. and " " without ignore the question attempting to being discovered. and baters.

** mistaken inferences where we say.r»2 THE ART OF DEBy4TE. and to make this so clear that the effect of the fallacious argument will be swept ance to name them. We is we wish to refute assume true. The point is away. When well done it is among the most effective means of refutation. in a sense nearly all may be called instances of ** begging the question. is that the a " AbsurdiimJ' This is cess is very familiar. The process in general argument that the proposition precisely similar. where the propoint. Reductio ad term borrowed from geometrical demonstration. This method may of course be applied to the main question against which we are debating. then we is longer than the sum of the show to what absurd conclu- sions this immediately leads us. It does not follow ". A particular form of it is called the Dilemma. when one can show that ticular proposition . we draw that a triangle and declare its — for the moment — one of sides is other two. or to any par- which has been raised by an opponent." It is of little import- to recognize where there is a gap in the proof which invalidates the argument. and of which a Reduotlo ad word should be called said at this Absurdum. A particular method of refutation which is widely used. and then point out to what absurd results it leads. If we wish to show the im- possibility of constructing a triangle of which one side shall be longer than the sum of the other two.

" and the Brief in the Appendix Specimens of Argumentato this book. that he of Mr. The testimony for the prosecution was thus. or to agree with such sus- picious exactness. . and can then show the falsity of each of these. X23 an opponent's position must lead to one of two alternate results. Lincoln. himself took a shovel in his hand. Lincoln measured o^ in the court-room distances corresponding to those indicated by the testimony. reduced to an absurdity. as to make it absurd to credit the statements to which they testified. too.METHODS OF REFUTATION. in Baker's " tion. Mr. in the early years had to defend a accused of murdering another by striking a shovel in the village store. example of the rediictio ad absurdum occurs in Macaulay's Copyright speech of 1841. A story is told man him down with of his career as a lawyer. in a sense. this is done wherever witnesses can be shown either to contradict themselves so strikingly. The witnesses for the prosecution all agreed as to the places where the murdered man and the murderer were standing at the moment of the crime. In a sense.* He was arguing that any copyright is open to cerfamiliar * A See the speech. and then showed that although he was considerably taller than — his it was quite impossible for him to reach as far as from the point where the accused was said to have stood to the place where client — the murdered man fell.

In reply to the objection that the Presi- dent had adopted an unduly warlike tone in his . But if his opinion about monopoly be correct. extreme right and expediency would coincide. Or rather why should we not restore the monopoly of the East India trade to the East India Company? Why should we those old monopolies which. <. on the ground that it is a monopoly. Sir. that I may safely take it for granted that the effect of monopoly generally is to make articles scarce."4 tain objections THE ART OF DEBATE. as my think. to make them dear. the real effect of monopoly is to make articles good and cheap. in Elizabeth's reign. madall not revive dened by intolerable wrong. and to make them bad." The same method is used in the speech on Mr. and that " If. monopoly always makes things dear. they opposed to their sovereign a resistance before which her haughty spirit quailed for the first and for the last time? Was it the cheapness and excellence of commodities that then so violently stirred the indignation of the English people? I believe. Cleveland's Venezuelan Message. why does he stop short in his career of change? Why does he limit the operation of so salutary a principle to sixty years ? Why does he consent to anything short of perpetuity? He told us that in consenting to anything short of perpetuity he was making a compromise between extreme right and expediency. galled our fathers so severely that. quoted in the Appendix. the if honorable and learned friend seems to whole world is in the wrong on this point.

although he believed the American people support his position.METHODS OF REFUTATION. of electing Presidents who talk that way. though he did not say it. are not in the habit. that he thinks also we had better not have free speech here in the United States Senate until they have got it out among the Filipinos. the speaker said: " Doubtless he should have said that. and then it may come back to us ." We Sometimes position opportunity to method appears when there is an show the weakness of an opponent's simply by stating it in another form. since no consideration of our own rights could compare with the evil of having to fight for them. I suppose. and we should improve. to see whether it works there. however. he said also that he thought it was not necessary to wait until we could get the very best of government here. Thus this Senator Hoar. but if we established it abroad under some commissioners to be appointed by some executive authority. 125 reference to our relations with Great Britain. they would govern so well that they would furnish a good example for us at home. and that no serious consequences could possibly occur. yet if Great Britain should object we would of course submit. in a recent debate in the United States Senate. referred in this way to Senator Beveridge's claim that to establish good colonial governments in distant islands would stimulate good government " If I at home: understood him correctly.

independent of positive law. the Established Church was no longer recognized in by law as " it any sense a crime. But it cannot be from the principles of natural or revealed reshown. The Dilemma. 9. which must be either common or statute law. If it is a crime not to take the sacrament at church. statute law is ing that they are so repealed as to persons capable of pleadand so qualified and therefore the . Jan. independent of positive law. temporal punishments ought to be inflicted for mere opinions with respect to particular modes of worship. the canon law enforcing it being Now the dependent wholly upon the statute law. it must be so either is by usage or principle. The essential principles of revealed religion are part of the common law. 1900. so that any person reviling.126 in a THE /1RT OF DEBATE. or ridiculing them may be ligion. subverting. that. before the House of Lords in His claim was that to be a Dissenter from 1767. canon law " If it is repealed with regard to those persons. in a sort of diluted form. are part of the common law. * Congressional Record. But there is no usage or custom. which makes nonconformThe eternal principles of natural religion ity a crime. taken from Lord Mansfield's great speech in the case q{ Evans. . prosecuted at common law. of the method example of Dilemma is equaUy A single will sufifice. must be a crime by some law." The form familiar. a crime by common law. way which gradually would permit us to use it * here.

" * science Such forms of refutation as these depend upon the ability of the debater quickly to analyze and test the reasoning processes of his oppon.paotsin ent. if he has gap built ters. It can only stand upon positive law. cessful refutation but an equally important element in sucis. as has already been indicated. Not long ago who was official a public official was attacked by one a candidate to succeed him in office. to Many those who striking examples of this will occur have listened to well-fought debates. the This is to show a great eflFect is most important." . The was a prosecuting attorney. Skill of this sort is of the greatest Befatation. all an ample knowledge of the facts in the case in It is. in Baker's " Specimens of Argu- mentation. that * many of See the whole speech. and if in the progress of an argument a debater is able to bring forward facts which have been neglected by the other side. up his he has built argument regardless of essential matit no matter how finely in — — vain. after all. 127 "Persecution for a sincere though erroneous conis not to be deduced from reason or the fitness of things. mastery of incontrovertible dispute. service. It was proved that he had left untried several hundred criminal cases that w^ere awaiting attention. facts rather than ingenious reasoning which is likely to be most convincing. in the structure of one's opponent.METHODS OF REFUTATtOU.

that in the case of many of these the parties making the complaint had themselves requested the withdrawal of process."8 THE ART OF DEBATE. . one may refute the argument > of an opponent either (-i) by showing that the . that several of them were cases involving serious charges. these had remained When it the attorney appeared in per- son to reply seemed that the evidence was over- whelmingly against him. and the third had run away! It was a striking instance of the way in which an apparently strong case may be overthrown by the presentation of facts which the other side has ignored. ^^^ inferences drawn from them are in- correct. the facts . He showed. Let us now briefly summarize the methods of considering. that. three being based on indictments for murder. on the docket for months and years. in attacking the proof of another. or (3) that the alleged facts are not true. . facts in ^ ^ of . Refatation Bumma xze bcmg admittedly as alleged. that of the hundreds remaining on the docket most related to trivial charges of assault or breach of the peace. or (2) & \ / . Methods . and that of the three oersons not yet tried for murder. however. the case are not true as alleged. two had committed suicide. refutation we have been In general. that he had tried as many cases as the courts would give him time for. so as to indicate roughly the various possible types of argument one would be likely to adopt.

in essential points. that the opposite side has asit sumed something which prove.METHODS OF REFUTATION. or {h) self-contradictory. It is they were true. as to which of these positions he wishes to occupy. (3) By showing that the fact alleged as sufficient cause of the disputed fact either (a) did not exist. (7) was under obligation to By showing bear directly on that the proof offered does not the matter in dispute. (5) or (c) By showing By showing ent. one ments (i) — may refute opposing argucited By showing that the witnesses are either (a) prejudiced. {b) of incompetent judgment. morally untrustworthy. (6) that examples cited are differfrom the case in dispute. (4) By showing sult of the that the fact alleged as the redisputed fact (a) did not exist. in the mind either of the debater or of his audience. and that even if 129 unwarranted. or {h) is fact. . or {h) was insufficient to act as cause in the manner alleged. In particular. not evidently a sign of the disputed that there were other acting causes. (2) By showing that the evidence alleged credible because (a) inconsistent with known (c) or is in- facts. the inferences are important that there shall be no doubt.

It remains only to add a few suggestions regarding the general character and use of refutation. this never safe. (9) that the opposite side has ig- nored essential facts. not being able to decide on the merits of the case. to prove one's own case directly. this. equally well. More than the refutation of opposing arguments should. and may be left to base its judgment on mere trivialities. last It word. Where a debater contents him- own case. without disproving that of one's opponent. until they have not only been shown in the the arguments in its favor. In the first place. but the defects arguments brought against it. But where it is enough the question in dispute is is genuinely debatable. By showing By showing that statements made lead to ad- mittedly absurd conclusions. the result finds difficulty in The audience judging between the two arguments. It may be thought that . regarding the need for -^ such direct refutation as we have just pieofRefu*' been considering. is proved and then the other appears to be proved is If one side of a proposition confusion. he has his hearers at arguments his mercy for the time being. but if his opponent self with proving his has the fect. . directly.I3« (8) THE ART OF DEBATE. he will leave no permanent efshould not be forgotten that persons can- not be soundly convinced of the truth of a disputed proposition. finely scorning the of his opponent.

but why they are false. Yet while refutation should be so thorough. those which one may admit to be true without compromising one's case. DiBtbotion for a word of attacking everything said by their opponents. thirdly.still —that something is wrong with it. and to be led into the sort of proof they offer. in need warning against carrying the attempt at complete refutation too ^^^gir?" far.METHODS OF REFUTATION. mere errors of memory or the like. those which are open to attack. but which evidently make no great impression on the audience addressed. The effort should be to lead one's audience to see just how one's opponents to mistake the truth of the question. Statements made by one's opponents in debate may be roughly divided as follows first. Many debaters make the mistake of gtimentB. show not only that they are false. with little regard for its importance ment. — it may crop up again and be believed in a different form. if ^$1 possible. he has destroyed its chances of effectiveness in the minds of his hearers. those which may be questioned and which : — have some connection with the argument. but which have no bearing on the argument. those which must be . If one shows only the fact that a statement is to be dis- came believed. secondly. from another sense there is this point of view. fourthly. so long as there is the slightest chance of attacking in the arguit. but if one can make clear its fundamental error.

I3« THE yIRT OF DEBATE. treatment. which he points of rehearses for the purpose of attacking them. so that they must be overthrown if his own case is to make a good showing. and cient time. without a single sweeping stroke at a vital part. some them are mere illustrations. what was pointed out in . These four classes of statements require very different The first class should be admitted to be true. in order to destroy the impression that overthrown they are strong proofs on the opposite side. in order to clear up the ground of argument so far. perhaps mere misquotations or sHps of the tongue. His refutation is a long series of short dabs at all parts of his enemy's armor. The typically clumsy debater may be easily known in what he calls his rebuttal argument. Yet one often sees much time wasted in the refutation of statements which have made no special impression. touched upon. easily tell A watchful debater can which portions of the opposing argument have made an impression on the hearers. Choice and emphasis are as important qualities in refutation as in all other sorts of discourse. briefly refuted if there is sufifi- The fourth class should receive the brunt of the refutation. The second class should be ignored The third class should be lightly altogether. ^^-^ All this goes to show. merely because they can be refuted. he has noted down on a slip of paper a long " " list of made by his opponent. passing thrusts.

that one must make as careful a study of the case of his j^o^jg^-g own. and then to analyze it so as If they have stated it in the to exhibit its flaws. if it has been stated in a specific form. form of abstract principles. or. one may put it in concrete form. I33 the chapter on Preliminary Work. and its strong points show the audience that one understands it and appreciates its material. One must know of the other and its weak points." said a debater on tion. and show the unreasonableness most important element of that. and to relieve it from the error that has gathered about it. Many objections raised by opponents are quibbles about words. to the . and perhaps make the absurdity of the opponent as of his principle clear by a practical illustration. one may restate it in the form of the general principle involved. " from the imaginary cases which one occasion.METHODS OF REFUTATION. Oftentimes one of the most useful methods of refutation is simply to state the case of the opposite side better than it has been stated by its adherents. Oftentimes the is in refutation to show that the opposite side has really misunderstood or misrepresented one's position. One needs constantly to avoid letting the discussion be led o^ to side issues. my opponent has presented for our solution. by turning back at every step to the real issue under consideration. and the simplest way to dispose of them is to recall the minds of the audience to the real situa" If you will turn back.

If there is buttal does small credit to the case really nothing requiring one's powers of refutation. deserving of respectful consideration? The former method ter is undoubtedly in frequent use. it will be clear that the difficulties raised do not exist in actual condi- in all these cases equally. only theoretical and imaginary. or as a friend who has gone astray? Should he pour forth scorn upon the arguments he ent.134 THE ART OF DEBATE. and that he has been astonished to see how much breath has been wasted in the is absence of real argument. therefore. Besides being a boorish of retort. but the latundoubtedly the more intelligent and safe. or treat them. this style of reone is discuss- and discourteous method ing. that those debaters . has to answer." But it is clear that not to un- derstand the position of the opposite side will be to run every risk of defeat. question with which tions. when he can. but are we started. It is the clumsy debater who begins his reply by saying that he has really heard nothing worthy of being answered. regarding the general attitude of the debater toward his opponAttitude during the process of refutation. and one is ready to admit it. small skill is needed in one's reBut if the adversary has really made out a ply. This leads us to a final thought. enemy. happens. the task is seen to be worthy of one's best It powers. of rebuttal strong case. Should he treat his adversary as an Opponent. as.

who guments — — must of course be admitted that something depends on the character of one's opponent. If he can carry them with him. one's opponent has persistently misrepresented one's position. and that the arof their opponents at the point where they cannot be admitted as valid deserve respectful treatment and serious reply. if If Something. great end of the wise debater. his audience too far. but in order to strike back — with genuine indignation and reproach. it will be ready must not anticipate to join in the indignation of the reply. such as a judge in a court of law. or indulged in the rudeness of personal attack.METHODS OF REFUTATION. in order to return the misrepresentation and abuse in kind. usually win the greatest respect and real 135 show most recognize from the first that there is something to be said on both sides of the question. indeed. indeed. But one and show the much more feeling than they can easily share. If the audience has perceived the unfairness. depends upon the auone has been unfairly treated in debate. too. dience. and a boor according to his It rudeness. The audience may be a single man. then one may well leave the mild man- ner in which he would have preferred to speak not. argumentative power. The sympathy of the audience is. Occasionally it seems to be necessary to answer a fool according to his folly. that something has been said on the opposite side from their own. his success is assured. .

"^ moment of build the corresponding A good illustration of this method will be found in the speech on the Retirement of the Greenbacks. to bring them to see from one's own point of view.136 it THE /^/?T OF DEBATE. but to carry the hearers along in the train of one's argument. to — if possible — at the very up doing His refutation should be keen. though in form refutation. to show one's skill in argument. may Persuasive Eefutation. friendly. or a crowded popuIf it is desired not merely ^^^ asscmbly. thorough. truth. It must be assumed that they are anxious to know the truth. then the manner of attack must be friendly. * . quoted in the Appendix. The debater. is largely built upon the advocacy of a better proposition than that offered by the affirmative. they will not listen if those opinions are treated with scorn. then. they hold some of the opinions which one is engaged in refuting. where the argument of the negative. be a half dozen judges. should seek not only to destroy the error he is refuting. and not merely destructive but constructive as well. but so. They must be apIf proached as friends. but at the same time respectful. and will eagerly receive it if they can be made to see it aright. unflinching.

subject. of the debater is We have now reached ntethods of proof and the evidence have been dhosen. while others enjoy the more exacting task of preparation.^^^ The outHne and divisions will. has just begun. STRUCTURE AND STYLE. to such changes as the laws of rhetoric or the exigencies of the debate ^^^^^' may 137 sug- . tlie For some debaters the hard part for others it of work has been completed. in a general way. proof has been determined upon. Its order „ q^^j. their i?iaterial in pleasing prepared as the result of the preliminary work of the debater. the outline Matter and the ^<'™' of. Some. the point where the work to be put into its final form. The question has been analyzed.VII. tlie matter of verbal form goes far toward looking o^t for itself. that is to say. indi- thetasisot — cate the order and divisions of his speech. will find that when they have gathered and arranged their material. and the arguments of the opposite side have been examined. so far as possible. with a view to refutation. it comes to clothing or brief. of course. but find themselves awkward when form. should form the basis of his finished argument.

a speech which has just preceded it (when practically no introduction may be required). Certainly his outline will provide for the three general divisions of his argument. If the burden of proof rests upon the speaker. it aims to render the " audience benevolos. the body of proof. should state in unmistakable terms the nature of the question under consideration. dociles. object of an Introduction is twofold. attendisposed considering — and ready to be instructed by his arguments. If the presumption is in hii . first ^g Introduction. In the second place. the Introduction. attentos. in so far as they are agreed upon by both sides. — audience. In Let us The the briefly consider these divisions. he may do well to admit the fact frankly. in an adequate statement of the question in dispute and the reasons for it.138 gest. to use the familiar saying of Cicero. the reason why it deserves attention from the tive to his speech. THE y4RT OF DEBATE. to them if should also state very briefly (or refer they are perfectly well known) the fundaIt mental facts in the case. These results are secured largely a combination of the qualities of clearness and by The opening of a speech in depersuasiveness. and at the same time in a way that will lead up to his intended attempt to shift the burden upon the other side. place it serves to furnish the basis for debate. and the Conclusion. unless it is to be immediately connected with bate." welltoward the speaker's personality. and its origin that is to say.

139 favor. they will also of presenting his frame of mind. but the sort of proof which he intends to offer in supporting it. and upon which the case the circumin All this a manner indicating respect for the opposite side in the debate. of course. for the time being. beHeve that he is capable side of the case in a calm and fair In a sense. the audience will know precisely what the debate is to be about. and tell them just what the plan of his speech is to be. and showing that the speaker forgets himself and his personal interests in his desire to pre- sent his subject to the audience. Under ordinary cir- . be avoided. in constructing his IntroT". at the end of the Introduction.^oMeth- He may state definitely not only the side of the case which he wishes to proach. Statements cal- culated to arouse the opposition of persons holding views different from the speaker's will. must —unless —should be done stances are unusual chiefly rest. and precisely what the present speaker takes to be the main issue. The effect will be that.STRUCTURE AND STYLE. He may take the audi- ence into his confidence. support. He will then make clear what he feels to be those elements in the subject which should especially interest the audience. the debater has choice of more than one method duction. in order that they may follow it as he proceeds and see that he does just what he proposed to do. he ynW do well to point this out in a manner that will not arouse prejudice by its arrogance.

and just how they expect to show that those points establish their case. until he brings them. Such a plan requires skill. but is occasionally of no little value. and then lead his hearers on by paths that they have not foreseen. but may open up the question as though he had little interest in deciding it in either one way or the other. Thus cumstances. or when the proof to be presented is of such a nature as not to be appreciated until all — is — the evidence in. . The court may " then decide whether these offers." as they are called. when the audience if at all by slow and careful degrees. to the point which he wished them to reach. then the debater may adopt a more wary course. audience in general debate enjoys being taken into the speaker's confidence in a similar An way. this method has great advantages. to state to the court or jury precisely the points on which they wish to offer evidence. are admissible in view of the nature of the case. He may not explain the nature of his argument at the outset. it is common for lawyers. before presenting their proof in detail. unexpectedly perhaps. either may or may not conclude with a clear statement of the plan of the speaker's argument. The Introduction. plan is is Yet there may be cases where a advisable. then. perhaps not even admit which side he intends to establish. different When the cause to be defended must be won an extremely unpopular one.I40 THE ART OF DEBATE.

Examples of this sort of procedure have already been given in considering the burden of proof and methods of proof. There are perhaps very few cases in which it is not well for the debater. proof that the proposition is likely to be true. very Httle 141 of the main body of a general way. In general. be well to present at the outset the will of course antecedent probability. can be said that is applicable in The nature of the proof orderof for it must determine the best order its ^^°°^' presentation. Sometimes it is necessary to consider what the . immediately following his introduction. to show in a general way the antecedent reasonableness of his proposition. or at least that there is no valid — argument from presumption against it. before stating its behalf. Regarding the structure proof. — since it is the object of this argument to prepare the minds of skeptical hearers for the stronger proof that is to follow. proof relating to the principle involved would naturally be followed 'by that re- These are the lating to the interests involved. general rules of order which suggest themselves to any intelligent debater. Following the argument for antecedent probability naturally comes such proof direct evidence in as circumstantial evidence. Such proof leads up and persuasively from the introductory gradually matter to the central portion of the argument. In the case of ques- tions of policy.STRUCTURE AND STYLE. however.

In general it is to be said that all rules regarding the ordering of material are to be regarded as merely provisional. that the beginning and the end of discourses and parts of discourses are the places of greatest emphasis. there will weakness may escape ob- Sometimes it is necessary to place one's very best proof at the beginning of the argument. should naturally come here. The weaker proof may then be brought in in a position protected by what has preceded and what thus be a chance that servation. however. therefore. This is particularly true in the cause of refutation. One may and it should plan the order of his refuits tation according to a consistent scheme. viewed from the Shall one standpoint of their relative strength. in order to secure the benefit of its force in that emphatic posiis Genung remarks —what — tion.I4« THE ART OF DEBATE. or4er of arguments shall be. when it comes to the of Debate* exigencies of actual debate. proceed gradually from the weaker sort of proof to the stronger? Certainly this would be better than tlie reverse order. its is to follow. Rhetoricians generally agree. undoubtedly true that in such a case this strong proof should be briefly repeated at the end of the argument. in order to overcome prejudice or to overthrow the effect of a speech just made on the other side. so that will take place easily and clearly in . one's best material.

This argu- on by two of the most distinguished American lawyers. make it overboard. ment was . and often will. occurred an interest- inverted Refutation. Choate for the opponents of In his concluding speech Mr. and where it will be best to have attacked return to the matters wherein his opponent may his arguments as first advanced. connection with his 143 the direct proof. must consider. He should mind wher-e it will probably be best to take up the main points of his opponent's argument. In the concluding arguments made before the Supreme Court of the United States in the famous '' income tax " cases. and spring it necessary for him to throw this plan at once to the point where is has become evident that the main contest It is going not the order in which ideas ought theoto have precedence. that he on. Mr. the income tax. ing example of what refutation. but the order in which retically ideas present themselves to his hearers. and if he insists on proceeding according to his original plan. when the audience is impatient to hear what he has to say upon some matter that has become prominent in the discus- sion. where the the first point last made by an opponent was carried to be taken up by the debater in reply. and Mr. Carter for the government. — we may call is inverted refutation. he will be likely to lose his case. that to say.STRUCTURE AND STYLE. But make up the circumstances of the debate may.

" is to accept the voice of the majority as Mr. and continued: occurred to that me to present either as an opening or closing argument. even the passions. made a final appeal urging the court to abstain from interfering. that possibly the popular wrath might sweep the court away. having finished his positive constitutional argument. in their the Constitution. I have had some I thought until to-day surprises this morning. with The present subject. that there was a Constitution of the United . Carter. and dangerous than an attempt to baffle and defeat '' a popular determination by a judgment in a lawWhen the opposing forces of sixty millions suit. of the people. they found it necessary to protect a suitor who sought here to cling to the Ark of the Covenant. to this great and learned court. of people have become arrayed in hostile political ranks upon a question which all men feel is not a question of law. was one calculated to arouse the interests. Choate rose to reply he referred facetiously to Mr. the will of the people. the only path of safety final. and to array class Noithing could be more unwise against class. and invoke the protection of if.144 THE ART OF DEBATE. Carter's eloquent "It never would havve warnings. on technical grounds. When Mr. he said. but of legislation. wisdom. Carter even hinted that previous at- tempts on the part of the Supreme Court to thwart the popular will had been swept away by the power of public opinion.

before pro- ceeding with one's own case." In this way Mr. final attack and victory. to sweep away an effect just produced by an opponent. that either passage had any important effect on the court or the case. Almost invariably the nature of the Conclusion should be decided on in not know how he is to open nor just what line of argument will be most advisable. — cumstances may. upset one's plans. TheOonand where he masses all his forces for elusion. but one can usually know beforehand how he wishes to conclude. US and that this court was created for the purpose of maintaining the Constitution as against unlawful conduct on the part of Congress. One may his speech. the sometimes be well. Unforeseen ciradvance. of course. They were the mere by-play of giants in controversy. States. but . Carter. what great thought or feeling he wishes to leave finally ringing in the ears of his audience. This brings us to the matter of the Conclusion. One need not suppose. and make the proposed conclusion inappropriate. showed how may they illustrated the In particular. of course. skilled it but method incident of debaters. The Conclusion should be the point at which the skill of the debater is most in evidence.STRUCTURE AND STYLE. Choate swept away whatever effect had been produced by the peroration of Mr. at the opening of one's argument. until he has heard all that his opponent has to say.

in And a watchful speaker can judge. object of a Conclusion should be to leave the hearers with a full understanding of what The the line of argument has been. is in nine cases out of ten there this. Otherwise his speech — may be left first hanging in the air. observes that about to expire. any particular which these arguments are. so that one need not take time at the close of a de" Let me now briefly summarize the bate to say. and should then pass over even if much his time — that he wished to say must be omitted ^to that with which he wished to end. The method and extent of these concluding restatements or summaries must depend on the exigencies of the particular debate. This how may require a brief summary of the entire line of proof.146 THE ART OF DEBATE. The point is. and it has established one's case." merely for the ground of the strongest ment sake of appearing systematic. . if the proof has been somewhat long and complicated. They are of small value as mere formalities. therefore. to rehearse and emphasize those arguments which the audience needs to have left ringing in their ears. he should rapidly bring to a point the particular matter on which he is speaking. or it may require only an emphatic restate- —those arguments already advanced on which the speaker conceives his success chiefly to depend. case. over which we have gone. little danger of When is the speaker.

. be decided for will through each particular debate. clearly possessed of the conclusion of one's argument. are of course highly The safeguard susceptible of emotional treatment. sents. The character of the audience and the nature of the subject will determine — impassioned. And there is quite as much difference in subjects as in audiences. more intellectual an audi- ence the more suspicious it is likely to be of merely emotional appeals. a of the But whether this application shall be direct and will simple effort to reach the hearers elaborate and the feelings. a jury will be more likely to be moved by their In general. Something like an application of one's case to the immediate audience. controversy which 1 one repre- willing to act upon the conclusions reached. if action is required. the determine feelings. A any appeal to the emotions judge in a court of law questions will be approwill be likely according to pure reason.STRUCTURE AND STYLE. while other subjects. persuatiy©- toward 1 the • whole side nessinthe Conclusion. and then. an —must through their reason. . —or more effort to reach the how to far priate. . One wishes not only to 147 leave the audience —well-disposed /. will naturally follow the restatement of proof. — unimpassioned. of the . To considerable appeal to the emotions on attempt any a subject relating to the tariff or the currency. but also in a proper state of mind. such as those relating to wars for liberty. will be likely to be absurd.

They chose him because. " In the case before your Lordships. As I am of opinion that his plea is good. he could not serve the office. If he had been capable. in opposition to which. and a usurpation on the Crown. The of the main points of the argument is summary merged with the parliamentary motion to afBrm the judgment which Lord Mansfield had been dein 1767. without a breach of the law. Some Different illustrations of different methods of stating a concluding application or appeal kinds of may make these OondusionSi Suggestions somewhat more clear. that he might fall under the penalty of their by-law. he hath pleaded a legal disability. I conclude with moving your Lordships. grounded on two acts of Parliament. tion. dehvered m the House of is tinctly intellectual conclusion to an example of a dispassionate. disan argument. The great speech of Lord Mansfield in the r-r^ ii* i-. for they did not want him to serve the office. must be to avoid going any further than he can be sure of carrying his audience with him. the defendant was by law incapable at the time of his pretended elec- and it is my firm persuasion that he was chosen because he was incapable." A still more striking case of this sort of con- . That the judgment be affirmed.148 of the speaker THE ART OF DEBATE. They chose him. Lords fending. and to avoid the fine thereby imposed. made to serve a particular purpose. he had not been chosen.itt r case of Kvans.

They are not found to have passed a money to anybody. They were pressed. and allured. They steadily protested that they could confess nothing because they knew nothing. dollar of ordinary them. " From six weeks. On that. Nothing occurred tending in any degree to excite suspicion against them. they " If the still rely. the defendants were the time of the robbery to the arrest. They continued their habits of labor. five or engaged in their usual occupations. if was marked by no cirfrom that moment until . cernment of an enlightened jury. nor any circumstance that might lead to a suspicion that they had money. jury are satisfied that there is the highest improbabiUty that these persons could have had any previous knowledge of Goodridge. although addressing the jury. Here. elusion is 149 'found in Daniel Webster's defense of the Kennistons. and when all this array of evidence was brought against them. by every motive which could them. the great lawyer was content to conclude his argument with a summary of his proofs and a direct ap- pHcation of them to the duty of the jury.STRUCTURE AND STYLE. In defiance of all the discoveries made in their house. immunity was offered them again if they would confess. and on the candor and disset before be in the offence. No man saw money about When arrested. if their conduct that evening and the next day cumstances of suspicion. they have trusted to their innocence. and when they could hope in nothing but their innocence. to acknowledge their participation and to bring out their accomplices. or been concerned in any previous concert to rob him. and urged.

wisdom and law of this learned bench. but to the House its representative capacity and on a of colonial policy tand public justice. and pious pastors of our of Lords in Church I conjure them to join in the holy work. them. when Lord Chatham was addressing the House of Lords in his splendid protest against the inhumanities of some of the early British efforts to suppress -the American Revolution. and the circumstances attending it. if. it will be for the jury ta say whether they can pronounce them guilty. question " I call upon that right reverend bench. excite strong suspicions of unfair and fraudulent practises. upon the learned Judges. if the manner of the search of their house. to defend and support the justice of their country.ISO THE ART OF DEBATE. I call upon the spirit and humanity of I my country. to reverence the dignity of your ancestors and to maintain your own. to save us from this pollution. in the hour of their utmost peril. if their arrest nothing appeared against they neither passed money. I call upon the honor of your Lordships. nor are found to have had money. and I appeal to the vindicate the religion of their God. nor on a legal question. to vindicate the national character. to interpose the purity of their ermine. invoke the genius . I call — upon the Bishops to interpose the unsullied sanctity of their lawn." Turn now to a conclusion of another sort. those holy ministers of the Gospel. Here the appeal is not to a court. no promises of safety could draw from the defendants any confession affecting themselves or others.

in a sense. of peculiar difficulty. and. . but my feelings and indignation were too strong to have said less. and this country. and yet this is to be done without such an appearance of . and at present unmore." We main have now structure of the finished detailed considered briefly the general argument as a whole. and the united powers of the state. I could not have slept this night in my bed. this House. and to stamp upon it an indelible stigma of the I " again public abhorrence. from this I am old and weak. inner structure of the various ^ ^. Structure ^^ ^ *' but it is difficult to do more than call attention to the problem as one to be solved accorddivisions of ing to the general laws of rhetoric. and their relation to one another. . are to be made perfectly clear to the audience. these walls the immortal ancestor of this noble Lord frowns with indignation at the disgrace of his country. nor reposed my head on my " My Lords. And I again implore those holy prelates of our religion to do away these iniquities Let them perform a lustration let from among us ! . . without giving vent to my eternal abhorrence of such preposterous and enormous principles. The problem of structure in an argument is one of peculiar importance. Relation of is no less importance. able to say pillow. call upon your Lordships. The . The various parts. them purify sin.STRUCTURE AND STYLE. to examine it thoroughly and decisively. 15^ From the tapestry that adorns of the Constitution.



formality and baldness as to make the argument seem like a mathematical demonstration. In a

word, structure must be emphasized, and yet not to the sacrifice of literary form. The skeleton must be discernible, but it must be clothed in flesh. The
difficulty here is

a real one.

In most arguments the



not clear enough, and the audience has

no definite idea, at any particular moment, just what progress has been made. But when debaters realize this, study the subject of structure, and draw careful outlines or briefs of what they wish to say,
they are very likely to go to the other extreme,

and make a speech that is full of firsts, secondlies and thirdlies, of formal phrases like Thus it will be seen," I now proceed to another point," and the like, which destroy all artistic efifect. Mathematics and art are, in fact, if not enemies, neigh*' ''

bors of such incompatible temperaments that





make them


together in

It has already been said that the structure of the brief should be the basis of the structure of

the finished argument. Ordinarily, too. ^he paragraph structure of the brief will

suggest the paragraph structure of the finished argument; and upon the paragraph structure of
the latter a great part of its clearness and force will depend. If the paragraphs, then, follow one another according to the arrangement of the headings



in the outline or brief, the general orderliness of the argument is insured. But these paragraphs are of course not to be numbered or lettered as in a

They cannot even be made

visible to the

persons addressed; for it is of spoken, not of written argument that we are thinking, and a slight pause for the taking of breath, with perhaps a

change of the pitch of the voice and a still slighter change of bodily posture, is all the speaker can provide to indicate transition in the argument. He can, however, by a careful use of the connective
tissue of language, help to


his structure clear.

not omit a single step in his line of arguand expect the audience to supply it for ment, He must not even omit the conjunctliemselves.

He must




because," therefore," and hence," and the rest, which serve to show just how two



statements are related to each other.




wishes to be pleasing as well as clear, he must do this with variety, not marshalling his sentences in

monotonous array like the statements in a brief, but letting them so far as their mere verbal form is concerned—trip about in constantly changing

fashion like the sentences of ordinary speech. The result, if he is successful, will be that one can listen

to his argument as easily as to the conversation of a friend, and at the same time can follow its struc-

ture as easily as the demonstrations in a geometrical text-book.


of the paragraph
is little

The study


a whole subject in

and there

time in this connection in

perhaps of even greater importance in arg"umentative work than in ordinary composition. The paragraphs in a speech, as in an essay, should each be a unit, the expression

which to take





one central idea; and it is even more important in a speech than in an essay that this central idea A should be instantly and clearly understood. reader may go back and read the paragraph over again, if he is not sure of its purpose on first reading, but a hearer cannot do this; he must catch

the thought at once or never. For the accomplishment of this the beginning and the end of the para-

graph are of chief importance; and two rules re* lating to these parts will be found, while not uniFirst, versally useful, of very wide significance.
Let the opening sentence of the paragraph indicate

is its

its general subject is to he, and, if possible, what connection with the paragraph that has preceded.

Secondly, Let
in a

last sentence

of the paragraph state
the para-

summary form


main thought which






effect of these rules in

as in a written discourse.

a speech is as marked In the latter the opening

and closing sentences of the paragraph are especially emphatic because they are conspicuous to the eye. In speech they must be

made emphatic by

the speaker's voice, and by the



pause which precedes and follows the paragraph. In other words, at each transition point in the argu-

ment the speaker

will indicate

and a pause that the point
sentence of the

by a change of tone one of transition; and
division will indicate


what point the speaker wishes now to bring before the audience. At the end of the period he will restate the main thought of the division in a short, emphatic, summarizing sentence, which will leave no shadow of a doubt as to what it is that he has just been trying to declare. In order to illustrate the ways in which a portion of an argument may develop from a group Development of headines in an outline, let us consider o/^^^^^^ » Argument what might be done in developing a sec- illustrated. tion of a brief on the subject of a law restricting

immigration into

this country.

In the decision of this question, all interests save those of the United States are to he rejected.

our interests and those of aliens are identical, the latter need not be considered. And if our interests and theirs conflict. Congress


must prefer ours.

The government, like an individual, has the primary duty of self-preservation; and this measure

for that end.



to perform can have no on behalf of the races of the world
fact that

America has a mission

bearing on the action of Congress; for


Congress is not empowered to take action of a purely altruistic nature, even when such action would be consistent with home interests;

how much

less, therefore,



inconsistent with our



Moreover, the duty of the United States toward the world cannot be accomplished if the fundamental character of its institutions deteriorates; and it is for the prevention of such deterioration that the pres
bill is



this section of

an outline as a basis for


corresponding part of the finished argument, a speaker might pursue one of two or 4;hree different methods. He might, in the first Mct

place, follow the form of his outline as closely as possible. The result would perhaps be


as follows:

true that

Interests save those of the


States are to be
this question.

thrown aside

in the consideration of

so for three reasons.

either our interests

and those of aliens are

identical, in

matters aflFecting immigration, or they are not. If they are identical, the interests of aliens certainly need not

be considered. If they conflict, Congress must certainly choose our interests to those of outsiders, re-



it is.

the sworn duty of every legislator

to represent his own country first of all. Secondly, the government, like individuals, has a certain right of self-preservation that takes precedence of everything

therefore. since the government. even if they are not inconsistent with the interests of our own people. duties which have been laid upon us by the special traits and special privileges which we possess. 157 and it has already been shown that the restric- tion of immigration is an act which would operate in the interest of such self-preservation. we do admit that the mission of the United States among the peoples of the world is to be taken into consideration. and since the beneficent mission of America to the world is not a matter for our legislators to take into consideration. else. this mission cannot be performed if the fundamental character of our government or our citthis very izenship deteriorates.STRUCTURE AND STYLE. . Hence we see. like an into dividual. the integrity of our cit- izenship and form of government must be preserved and our claim is. Thirdly. has the duty of self-preservation. for Congress has no constitutional right to undertake measures of a purely altruistic character. How much less. since Congress must prefer American interests those of aliens. that this cannot be done . to But suppose the demands of its constituents. without the further restriction of immigration. once more. can it either pass laws or neglect to laws for the sake of profiting alien races. to carry out purpose of altruism. for missionary purposes. it can- not be said that our country has certain duties to perform toward other races. then. In order. conpass trary to the pressing interests of the United States? Such body fulfill interests are to be wholly rejected by a legislative that exists for a particular purpose. namely.

15^ THE ART OF DEBATE. and put a stop to the incoming elements that are cutting away the very foundations of our historic government and our democratic citizenship. when we are talking about a law that is being debated in the Congress of the United States? The interests of the Hottentot? of Patagonia? or of Spain." This is a very close transcription of the statements in the outline. as a part of a speech in actual debate. which this one illustrated. too far — removed from the colloquial style — to be quickly understood by any audience. It would require thoughtful reading to bring out its real content. One can imagine a speech which should have nearly all the merits which are wanting in the one The DifiPasi j^st considered. however. and in a sense is entirely clear and orderly. if the people of the United States do not consider their own interests for a while. Regarded. that in the decision of this question all interests save those of the United States are to be rejected. Moreover. it may be! I tell you. It states it is a very poor produc- the case baldly. are we supposed to consider. the phraseology too compact and abstract in other words. sir. tion. The corres- ponding passage might run somewhat " as follows: We are charged with thinking only of the selfish interests of the let United States. and is utterly without elements aiming at persuasion or at the forcible is pointing. and yet none of the merits Style. there will be nobody so low as to . me ask.of arguments. And whose interests.

before they take action. An act to take ** the children's bread and give it to the dogs '! ' — a type of debate which is well worth study. and the French-Canadians in the North. and those of her own citizens. when they remember the Chinaman in the West. I have been reading the newspapers a good many years. and. 159 care to appeal to us to take an interest in him! It is very fine to talk of altruism. No.STRUCTURE AND STYLE. An act to carry the I blessings of free government to foreign peoples/ never heard of their defeating a bill on the ground that it would injure the missionary interests of America. are cheapening wages and taking work from hungry American citizens. in Scripture language. This is . sir! if this bill ' for the restriction of immigration is defeated. make up their minds that they are not doing anything to hurt those refugees and fortunehunters? Our opponents tell us that we have a mission to the whole world. I hope they will not begin now. let the gentlemen how vote against it. Anyone who has heard much public debate IS familiar with the sort of speaker who has the gift of putting things in a vigorous and interesting way. If Congress has to choose between the interests of a pack of Italians. do you suppose they are going to hesitate. but self-preservation is the first law of existence. and I never heard of Congress passing a law entitled. even if it be at some expense of dignity and method. altruism comes afterward. of the interests of others. and the Italians and who Bohemians in the East. or a shipload of filthy Chinamen. let them pass a law for the encouragement of alien immigration. and let them entitle it.

The first speaker would probably have put sleep. or nearly all. " It will clear up the matter. selfish and unreasonable to confine the discussion of this particular " We measure to a particular class of inter- ests? It is not that the interests of others are always to It is simply a question as to whether. in spite of his his audience to methodical style. The is not to be would have sat down amid popular style of debate. without They were or scattered about.i6o THE ART OF DEBATE. Let us attempt to imagine a passage embodyTheCompromise. if consider . this second passage was twice as inter- order esting and forcible as the preceding one. therefore. despised. the merits of both the styles already illusi^^gj "'Ot trated. however. perfectly but approximately. the second a burst of applause. but should be studied in order to see if its merits can be imitated by one who avoids its defects. that body is justified in resting its decision solely on American interests. so that upon a serious and intelligent hearer they would make little impression. are charged with thinking only of the selfish But is it altogether interests of the United States. just cited really contained the arguments included in the The imaginary passage all. clearly progressive thought. one previously quoted. when this bill for the restriction of immigration comes before our Congress. be neglected. On the other hand. We we believe it is. perhaps.

STRUCTURE AND STYLE. American interests alone. will you stay legislation. To satisfy our needs will satisfy If. or the Italians. a measure urged as one of protection to the government.. for a to disease or other danger. like in- dividuals. a primary right of self-protection and self-preservation. may have ones. Congress can regard no interests as paramount to those of America. therefore. pause and consider whether to do so will be for the best interests of is — — ' alien peoples ! America will reply by drawing the . They have it. that different interests i6l must either harmonize or not the interests of Americans regardthe immigration question are identical with those ing of the Chinese. for example. they have other duties than purely selfish also. like individuals. then. man may indeed. saying. must determine the issue. there is harmonize. before protecting our people from invasions of armies perilous to our safety. but lo! the poor Chinaman! As a representative body. While governments. Now if surely theirs. The law would have been to your advantage. or of not passing it because it is opposed to the interests of aliens. 'Wait! Before taking action on this. what can Congress do? Its members cannot go home and say to their constituents. being itself the protectoi of thousands of individuals. and there is presented to Congress the definite choice between passing a law which would benefit Americans. on the other hand. think it his duty to sacrifice his life in the interests of others. our interests clash with theirs on this question. no trouble. " But more than this. but a government has no right to expose itself much more than individuals. If. though they do not come with sword and spear.

for example. If her . Congress could not recognize it to the extent of appropriating public money. to make our position perfectly clear. and liberty a more noisy but less certain thing. the pending passed. and the pity of It interfering with this by Congressional legislation. no need for her going on a crusade to enlighten the world. in a sense. is true that America has. the law does not recognize it. shake the least of the pillars of self-government. We have heard no little talk about the mission of America to other peoples. and the security of life. a mission to other peoples. How much" less. then. more closely about ! protecting folds of her garments her. for spreading the blessings of liberty even if throughout the world. make law less sacred. bill is should be absolutely The fulfillment of such a mission dependent upon the preservation. if the purity of our politics is destroyed. of those elements which make America a vision of Liberty enlightening the world. can Congress seek to give aid to aliens at the expense of our own people? " But it is not necessary to remain on this purely From the very fact that America has selfish ground. and saying proudly. — own banner is torn and her own garments stained. Destroy our pure democracy. Yet the Constitution does not recognize it. in all their purity.i6a THE ART OF DEBATE. To speak more definitely. My own children first " We must go a step further. property. and America's mission is over. a mission to the world. They could not do it to do so would be entirely consistent with American interests. simply because it is not the business of Congress to do that sort of thing.

not the substance. The passage is intended to illustrate one point only: the development of the finished argument from the outline. the purity of our citizenship and our institutions is must be preserved. It may be questioned whether the particular line of proof involved would require any such careful demonstration before an ordinary American audience. and but it also. that open this measure is to be considered solely in the light of serve our " own citizenship. like the ." This imaginary passage in no sense ofiFered as a general model for debaters. The third passage. with no fear of laying ourselves to the charge of narrowness or selfishness. there is small use in bothering ourselves about setting an example for others. We do this first. way . then. Congress has no choice but to give ours the right of . citizenship. and the perpetuity of our mission and example. of preserving that example which our fathers set up. because even for the sake of other peoples. prethen. in order that attention might be fixed on the form. American is interests. because the measure is one looking to the protection of the republic. and that must always be (of paramount interest to our law-makers and thirdly. For the very end. we must protect our own borders. secondly. A somewhat obvious proposition was chosen. defend our own flag! We reaffirm. because if there a conflict between our interests and those of aliens. or family in our great cities is uncertain. like the outline closely first. of the argument.STKUCTUKE AND STYLE. made 163 education. follows the structure of the clearly.

which will be brought out more clearly a little that the language of spoken discourse must be more diffuse and less compact than that of writlater. but it seemed that not a sentence could be safely omitted. eral laws of style. All these qualities are to be sought by the debater. in order to reduce its length if possible. rhetoricians to classify the qualities of a ^^^^ gtylc Under the three heads of Clear- and Elegance. and the classification will serve as well as any for the few further remarks that can now be made on the subject of style in ness. It is common for Style in Argnment. It takes time to develop a so as to make proof before an audience the structure clear and the substance line of impressive. when compared with the other two. no comment to show that clearness in every sense the first requisite of an argument. are the gen. The increased length of this third passage. make-up of a finished argument. second. The passage just cited was revised with the most scrupulous care. It illustrates the fact. Force. adopts the style of the platform and attempts to be sufficiently vigorous and interesting to hold the attention.1^4 THE ART OF DEBATE. ten discourse. It requires is If . if all the proof suggested by the outline on page 155 were to be made both clear and interesting to those addressed. ^ . debate. It in the must by this time be evident how important. seems to require comment.

has already been fully considered. but also it necessary to state the facts over and over again. It has been remarked. must remember that a sentence of some length and dozen modifying clauses. It is related of Patrick Henry that in trying a celebrated case be- . will be hard to follow by the ear. 165 is made clear. —restatements such it is as we have It seen are especially useful at the ends of paragraphs and of main divisions of the argument. namely. since the audience has no chance to study his sentences at their leisure. Short. the construction of it on the basis of an outline or brief previously prepared. that the style of the oral debater must be even more painstakingly clear than that of the writer. the peculiarities of spoken discourse. simply conintricacy. So also are short summaries. So happens that a discourse which would be intolerably wordy in print. and which could be easily re- duced to two-thirds its size for publication. in addressing an audience in oral debate. too. may be set down as a general law that not only necessary to state facts with especial clearness. will be well adapted to a popular audience. The debater must keep in mind.STRUCTURE AND STYLE. with a half structed sentences are great aids to clearness. He then. compact restatements of what has just been said. it The best aid impossible to- ward clearness in the finished argument. while it might be perfectly intelligible in print. the line of proof is not to secure conviction.

as contrasted with Economy of Time. repeat it perhaps a dozen times. for the sake of clearness. then. Most debaters find themselves obliged to within definite limits of time. Any speaker — of experience knows that when he has simply stated a thought to his audience." He must enlarge upon half it. they are bound by limits of courtesy shall and of prudence. not a third of the " audience has. but one has to consider the matter of economy of course. fore a jury. Not only must one be constantly on guard against letting this diffuseness become intolerably tiresome. twelve times over. he repeated his closing argument. and is just getting well on . simply for lack of time. in once. debater. he said. slightly varying form. as we say. for every man on the jury. How. one be diffuse for the sake of clearness. and how the paradox few there are that It is find the solution! lost In particular. even though it be ex- pressed with perfect clearness. must to a certain diffuseness of style which belongs keep to spokcn discoursc. and for the sake of brevity? compact of all public speakers. fifteen many debates are The debater begins a ten or fin minutes' speech as though he had evening before him. then. and even if speak their speeches are not cut off in their prime by the gavel of a presiding officer. time. and. The ^he more compact style of written disBut a difficulty arises at this point.i66 THE ART OF DEBATE. taken it in. in effect.

He must beware of providing an introduction suitable for an hour's speech. The debater. is many hand.STRUCTURE AND STYLE. for his material. such a thing as a style that is rapid and condensed. for is presentation in a brief but effective speech. standing of the amount of time before him. all would be well. and must order the divisions of his speech accordingly. Many fine ArtofOonSensation. and yet is suited to hold the attention And it is possible to strike out of an audience. he must study his time is too short how to There put the latter into the briefest effective form. giving all the . It is possible to state one's evidence in great detail. that the introduction does not occupy dispropor- tionate space. so that if anything is left out it will be mat- And if he discovers that ters of less significance. then. like Joshua at Ajalon. when his whole time is He must in all cases be watchful fifteen minutes. and yet not lose what is essential to the purpose in To pack one's materials into small space. a matter involving no debaters little skill. it is. must have a definite underbut a minute more. He must see that the critical points in the proof have the right of way in the matter of time. in his introduction 167 when he If is warned that he has he could only bid time stand As still. the body of his argument is never heard. owe their reputation to their ability in this single direction. sentences from the first draft of an argument.

A genTold in a leisurely manner." etc. it serves the purpose quite svs wJl. One may tell a story at length. the second is that of the speaker who must do a great deal in a short first is The method that of the speech. *' ' * . in connection with the citation of authori^i^s. give the point of it and yet occupy very little time. and is also possible to select just the points essential to the proof. of witnesses it words and all the minutiae of the facts involved. Since. condense speaker time allowed for one of his speeches. in reading an extended quotation from a law-book. declining to pay his fare. was put off the train. and it would have been possible to put below. The audi- A in recent is especially important. He brought suit for damages. it is desired to present the central matter of the anecdote as quickly as possible. the incident related on page 179. so that it sort of digression from the body of one's or one may seize upon the phrase that will speech.* becomes a speaker with abundant time at his disposal." to passenger was traveling from B ' A A . debate took nearly half the ence was not interested in the details of the opinion cited. and the passengtr. Compare. for example.' however. and it is in such citation that the ability to Citationof Authorities. and state nothing beside. it would open: tleman who was traveling from B offered a to A ticket reading From A to B It was refused by the conductor. This matter has been referred to in an earlier chapter.i68 THE ART OF DEBATE. to begin rapidly: "There was a suit for damages brought against a railroad company which had to B refused a ticket reading From / because the . or better.

he think it well to read verbatim the passages in Constitution bearing on the pending question. Thus. provisions of the Constitution relating to taxation by the Federal government. in order to discover what sort of a tax an in- When we come tax may be.STRUCTURE AND STYLE. to make use of such authorities as the decisions of will which courts. in a (Hscussion of the constitutionality of an income tax. Debaters who have occasion. stated in a word. A sense of proportion must govern the extent to which the summarizing procIf a debater has an hour in ess will be carried. and the fundamental itacts must be stated only in outline. one may find a single sentence in the passage to be cited convey compactly the import of the whole. his time must be largely saved for argument. should study the problem of summarizing such decisions rapidly. and how it can be levied by Congress. Often. which to speak on a constitutional question. indeed. therefore. 169 the gist of it in two sentences. a speaker stated the law in the case as follows: '* look at the Constitution. the ?ind may also quote at some length from the text may But if of Acts of Congress and judicial decisions. are these: Direct taxes (whatever they are). are to be ap- " The . he has but ten or fifteen minutes. we find the matter is not so difficult as some expressions of our opponents would lead us to supf)Ose. as literally set as interpreted by the highest judicial audown and thority.

was sustained on the ground that not a direct tax. " '^1 like Representatives in Congress among the States according to population as indicated by the census. when a tax on carriages. was held not to be In all these cases th« . in the case of z/. In this case the chief question was the right of Congress to tax the notes of State banks. That assumption is that direct taxes are limited to capitation taxes and taxes on land. called portioned — — imposts. " In like manner. Souky it ' ' was held is that a tax on the incomes of insurance companies 1874.. Fenno. duties. levied directly it by Congress. 6'. This wa* cisions have first Hilton suggested in the decision of 1796. of course. was Later the question recurred in the case of Veazie Bank v. and while the Court has always avoided the necessity of clearly defining what is meant by ' direct ' taxes and taxes of the contrasted class. in the case of the Pacific Insurance Co. a tax on succession to real esdirect. V. be levied by Congress directly. but may. and excises. and certain expressions of the Chief Justice indicate that it was the dis- position of the Court to reserve the term direct tax to the two classes already mentioned. and again.' shall be uniform throughout the United States. incidentally it was held that such a tax. is not direct. in tate S choky v. ' before the "These provisions of the Constitution have come Supreme Court for interpretation almost from the time of the adoption of the Constitution to the present. not a direct tax. Other taxes (presumably indirect). all * ' its de- been practically based on one assumption. L^.I70 THE ART OF DEBATE. being allowed. in Rew.

Thus a — — consistent line of interpretative decisions has clear the meaning of phrases which. and the gist of them packed into less than four hundred words. That purpose was to support the Income Tax of 1894.. S. while avoiding as I have said expHcit definition. made Conmight be as darkly ambiguous as the other side would have us believe. through a process of exclu- land taxes and capitation taxes. is nearly always posBut to save time in this way while speaking sible. — — selected fashion. compression as applied to the citation of authoriHundreds of pages of Supreme Court decisions were read. in other words. then. U. in which the income tax of 1864. referred with apparent agreement to the dicta of the earher decisions. If it had been difif he had wished to attack the constituferent. And the final touch was mean — given to this process of exclusion by the decision in the case of Springer v. but simply to illustrate the process of ties. . outside the stitution." This passage is not given as an illustration of argument. to the Court. of course. levied directly upon incomes of citizens of the United States. to taxes such as have never yet been levied by the Federal government. he would doubtless have tionality of the law.STRUCTURE AND STYLE. was held to be indirect. even the incomes derived from land. 171 Court. and condensed his material in a different Such condensation. — — ' Thus the term direct tax ' has been limited by sion. including. so as to serve the purpose of the speaker.

I will be on hand at nine in the I If morning. who was a brilliant and unusually ready speaker: The case is called cipal argument in court. The man who knows his subject it from top to bottom can glance through the essentials for rapid presentation. reto prepare a short speech takes longer than to prepare a long one. but he talked on and on.17* THE ART OF DEBATE.'' debater. It requires the spending of time in preparation. It seemed to him that time had never passed so slowly. A complicated case regarding the tenure of land was pending. one of whom had gathered most of the material for argument. the other of whom was to make the prin- The latter said to his colleague. as he told — . some weeks before the counsel on one side had expected it." as a John Bright once said of his own method " from headland to headland. as and seize " striking. This side was represented by two lawyers. *' for this afternoon. He brought with him hundreds of pages of records relating to the case. A striking example of the relative values of long and short arguments is given by the following incident that occurred in a Philadelphia court. subject. on almost any OondensaTime tion. perceiving. to-morrow. cannot be ready to speak until can occupy the time till court you adjourns to-day. and was suddenly called up for trial. the junior counsel." The young lawyer went into court and began to speak. and read them as leisurely as the court would allow.

And this is not the is fault of the subjects discussed. for everyone knows that certain speakers are always listened to with interest and even entertainment. went after a hard day's work.STRUCTURE AND STYLE. wise be successful debaters make a failure at just this point. and he announced that his colleague would finish the argument in the mornSo far as his afternoon's speech was coning. or courts of law. judgment of those who have heard many debates. conventions of zens. his friends afterward. We come now from the quality of Clearness to that of Force. and in twenty minutes made the speech that 'he had been six hours preparing. one of home the most distinguished members of the bar. The judge tried to hurry him. They gather and artheir material with skill. the abominably dull. not an inch of progress had been made in winning the case. prepared his argument in the pending case during six hours of the went into court next morning. where there debating is no unusual excitement present. — citi- is that. Meantime his colleague. At length the time for adjournment came. but they fail to range it make The general interesting or to drive it home. whether in — debating societies. legislative bodies. i73 — that everyone in the court- room was growing more and more impatient of him and his case. whether they . cerned. That speech won the case. Many persons who would othernight. but he declined to be hurried.

174 THE ART OF DEBATE. and if it is made in is made in a a manner that shows the speaker thoroughly beit and is eager to give it to others. and will be driven the earnestness that is behind them. If Sources of Force. then. and even draws successful debaters. there must be a responsive spark struck off in the mind of the hearer. Such men should be carefully studied by all who wish to be- the quality of forcefulness. combined with earnestness. come They have hearers to them. or on some private pension bill. speak on popular themes or on the most technical matters in the world. which carries what they have to say into the ears of their audience. A ^ Statement ^t manner to be once Understood. certain degree of force is secured by the mere quality of clearness. home by Apart from Concrete*»"*• this. an intense desire to convince and per- lieves suade others of the proposition in hand. a curious fact that a statement couched in general terms will almost never be as effective as when stated in terms . eager to listen. There are a half dozen men in the United States Senate who are sure of having crowded galleries to hear them. To develop an enthusiasm for one's subject. will usuOne's sentences will ally result in a forcible style. even if they speak on some abstruse question of tariff or currency. perhaps the element of style to the quality of force It is is that contributes most that ^^ concreteness. be short and vigorous.

" said a witty pro" are like children: they should be seen and fessor. the better. to be only a question of the choice of the substitution of a term for a more general one. Instead of speaking of alien will a '* wise debater can. larly interesting to see what a difference this con- crete method makes in the citation of statistics. add force to may words. Orators. Statistics in debate are in fect desert of dullness. concrete case. are in the habit of saying for greater forcefulness. but must be seen in " the form of tables. that the sun never sets — — on the English races. of general laws will soon 175 One who talks wholly make any audience drowsy. them awake. danger of forming a per- Yet they need not do so in skilled hands. not heard. and decide before he makes his speech what specific cases he can make use of. while concrete cases will at least keep The debater should study his case with this in mind. flag.STRUCTURE AND STYLE. Italians when he Chinese and say Instead of talking of " agricultural conditions in general. he will mention potatoes and pigs. the homelier the concrete cases — may be. one should never . — It tive for a literal statement. for they will bring distinct and It is particulively images to the hearer's mind. of a specific. instead of saying that the British empire extends over all quarters of the globe. Statistics. In large numbers they cannot be made to appeal to the ear." In debate. or a figuraparticular his theories. therefore.

without a finger being raised to stop passage!" In the same way any if place forms of speech. while the exportations of France to " America amounted to $12. ten thousand dollars is a larger sum than $10." In with statistics in general debate one should dealing nearly always discard small numbers and fractions.form. images — the imagination than those of classes. but should select the point essential to the argument. speaker during the time of the Chicago riots of 1894 mov^id his audience to enthusiasm by declaring: "If neces- A every regiment in the United States army must be called out. will wake an audi .673. There is all the '' dif- ference in the world between this statement: The exportations of the United States to France in 1898 amounted to $25.316 " and this: For every dollar that went over seas to France last year.476. A bit of irony. Rhetorically speaking. two dollars came back. will add to the if force of argument. at its Francisco. it departure from commonis not obviously intro- duced for artificial effect. In like of individuals loom up larger in manner. may go on its way to her lover in San Jenny. not too malicious or savage in style. they blur the picture. read a whole table of figures.67.142. Figures of Speech. girl some country post-office back in Maine. and put that in a brief and interesting.542.176 THE ART OF DEBATE. that the letter dropped by the sary. which is to be made as vivid as possible.

hint from a remark of Macaulay's. that he took his kissed him! that he in the his people to rnerciless inflictions. office for poHtical ends. borrowing a will do the same. debauched the discarded the very reforms pledged by the on which he was elected. and we are told that he ** Macaulay says somewhere. chapter on Proof. introduced the following passage into a political attack on the in administration: speaking of King charge him with having broken his coronation oath. and given over the platform army to the plundering of corruptionists. tithesis. the First: * in Charles We kept his marriage vow! We given up defence is. little accuse him of having and the son on his knee and censure him for having violated the articles of the Petition of Right.STRUCTURE y4ND STYLE. 177 The form of anwhich opposing ideas are set over against each other by way of more vivid contrast. When we charge that he has used his high civil service. and we are informed We was accustomed to hear prayers at six o'clock morning!' So we may say in regard to the de- fenders of the President. ence to fresher appreciation. This brings us to the matter of the use of illustraWe have seen. A recent debater. what is the answer? that he is a man of charming disposition in the family circle. that his Thanksgiving proclamations breathe forth piety in every line. and should never be used as if they . and that he scrupulously avoids traveling on the Sabbath day!" tions in debate. that illustrations are not arguments. in the use of niui- trationa.

178 THE ART OF DEBATE. and to arouse distinct images in If there is anything of wit about them. if it will take in the telling. Suppose no other remedy should be offered. and it is felt the effect story sults. to tell us we must take this. Their quahty of coninteresting. and forcible. any of — these things will produce an effect of weakness which one cannot afford to risk. They may. Pitt replied to its sponsors in an unjust this fashion: "The honorable gentlemen say no other remedy has been proposed. . To a far-fetched attempt to apply it to the immediate controversy when it is not to the point. is to be appropriate and not irrelevant. then long dote to be introduced into debate. to keep the the mind. — — is an anec- Two in debate or three examples of successful illustrations may make these principles more clear. or to make urged. however. Thus even an amusing all the better. be. Mr. creteness serves. Only when it is and not clearly illustrative of the matter in hand. may But concerning be introduced into debate with good rethis much caution must be introduce a story merely because it is funny. were. as it always does. . audience awake. to take precious time in the telling of it when every moment is needed for argument. and was defended on the ground that it was the only remedy proposed for existing evils. make argument clear. bill When was introduced into the House of Commons in 1741.

" on the ground that the passenger was traveling The attorney for the railfrom B to A A ." He . servants to turn him out of doors." I should order my Again. The present case would be better illustrated by a grocer who. He ples. attorney he said: "The illustration drawn from the barrel of apples and the barrel of potatoes seems to be an unfortunate one for my friend on the other side. there is no for your distemper. in an American court a railroad '' was brought against a damages company which had suit for From to B refused a ticket reading . road argued that the passenger was really claiming a different service from that he had paid " '^ for.STRUCTURE AND STYLE. whereas the customer had a pref" erence for beginning at the bottom and eating up! Here the illustration was an admirable one. therefore you shall I'll cram know how the nation down your throat. cause no other remedy can be thought with a physician's telHng his patient. but I it am sure if my physician told me so. paid for passage from A and yet demands passage to A as well buy a barrel of potatoes at a might grocery. ' 179 of." for the plaintiff had opportunity to reply. having sold a customer a barrel of ap- B from B to he said.' I do not may treat its physicians. . is the same known remedy take poison — Sir. for and . should eat insist that he should begin at the top down. and then sue the grocer on the ground that When the he did not deliver apples instead.

the remarks of the thief being intended to cover the most important arguments on the opposite side of the debate. A similar example is found in the fable at the opening of the speech on the Venezuelan Message of President Cleveland. did not even take from the time argument the time required in its telling.I So THE ART OF DEBATE. not only turned the laugh against the speaker*s opponent. for it was developing the argument at the very time that it was interesting the audience and preparing them for the more weighty material that followed. who took nearly half his time in telling the story (amusing in itself) of a left man who was tree. Such illustrations are serviceable in more than one way. So the story. and this was done so carefully that every phrase in the story had ficance for the its signi- Venezuelan question. hanging in the air through an accident that occurred while he was climbing a that the opponents of the had been left in a similar position by their speaker unsuccessful arguments? Such a story may well —the point being . but served at the same time to make clear it the very point of the argument which was being developed. while told in the most condensed manner possible. quoted in the Appendix. But what shall be said of a speaker of in an important debate. In this case the fable was of course constructed for and iiiegitimateniuB- Mie purpose of illustrating the case in disP^te.

long to and emphasize them so that no one can go away He will make use of climax as forgetting them. of his main divisions. He not go out of his way to search for wit. He will have such earnestness that his aivdience cannot help feeling the contagion of it. then. in order to bring images of ccmcrete things before the minds of his hearers.STRUCTURE AND STYLE. come now. effectiveness on the possibility that the audience were all convinced that the speaker had triumphed over his opponents in argument. is one who is deter- that his audience shall listen to him. He will reach out after the most homely facts that behis subject. We The word is an unsatisfactory one. and see that the ends of his paragraphs. but he will use all such aids if they come appropriately to his hand. to the quality of Elegance. The mined forcible debater. be called i8l It depended for its question-begging. and it contributed nothing to the argument save a discourteous side-thrust at the previous speaker. are the strongest parts of all. he has opportunity. Debaters who use illustrations after this manner deserve nothing better than defeat. for illustration or anecdote. for opportune repartee. He will select the great essentials of his argument. finally. for it suggests to many persons a quality which many arguments would do quite as well without. and of his speech as a whole. As rhetoricians . and will Vbat his arguments shall be driven home.

it means nothing inconsistent with simplicity. He must say nothing without his audience must try to enter into their feelings. Since it is related to debate. directness. but in order to persuade some personal sympathy should be established. he must seek a common ground from which He . we need give it only very brief consideration here. toward is one of the first essentials to success. on the part of the debater.i82 THE ART OF DEBATE. The manner this. and mingle his with theirs. or force. and the qualities of dignity. and the almost indefinable It implies atmosphere of good taste and dignity which should characterize every form of discourse. If they are unfriendly. good taste. Enough quite has already been said to indicate that the attitude and method suited to one sort of hearers of friendliness those he in mind. however. will be out of place with those of another. One may convince another even while PersuasivenesB. in no peculiar way. is addressing. giving an impression of violence or vulIt is garity. on the adaptability of the speaker to the circumstances of the debate and the audience addressed. for the most part. perhaps as an aid to persuasiveness that the quality of elegance is chiefly useful in argument. the observance of the laws of unity and proportion. understand in the the choice of the right word right place. it. and ease have much to do with Persuasiveness depends. too.

style of the adaptable be appropriate to himdebater. to go with him. what motive they be nothing better than selfbe as it almost always will — — through their higher selves. he must be ready to disposition meet them way. to the circumstances of the discussion. or would be as well conhalf tent to deliver them as a monologue within their own room.STRUCTURE AND STYLE. they and he can 183 make a start toward investiga- If they show any tion of the question in hand. and moves the artistic will. quality —the which may properly pervade an . aspiraAll this tions. and to arouse their feelings and move their passions. and to the audience. when the speaker wills. their principles. starts guides floods of old associations. direct their remarks into the air. It will have power will its have efifect on the His language will over the audience. the reason. to hold them rigidly to processes of reason. loves and venerations. if one might judge from their style and manner. well. stirs the passions. better still. when Used in this way. to his subject. and then in finding out by may be moved. This brings us to a concluding thought. first. Yet some speakers. It not only speech has almost magic powers. but awakens memories. What wonder The that they cannot perof persuasive power seems to secret in getting a personal hold on one's audi- ence. If it If it interest. suade? lie. self. human it is that that he wills.

argument. A speech embodying these qualities. A work of ^rt must havc. The debater should strive to make his speech a Artistic Qualities. and we have seen how this quality is important in de- bate as a regulating principle in the selection and emphasis of one's material. It must have. argument from the effect which so many debates scrappy. first of all. of a slight or temporary character. it is much to ask that the fourth quality shall be present in every debate. elevate the thought of those studying and give it a certain permanent significance.i84 THE ART OF DEBATE. work of art in its own sphere. unity. merely temporary or local interest. proportion. and no argument is satisfying without a dominant idea. — something beyond —^which will it. scattering produce. in the second place. In the third place. In the fourth place. and without we have . dignify it. it must have some of art work must have continuity this quality will preserve the element of general truth. will still have the charm which the work utterance have been forgotten. whereas every should be characterized by the three of these qualities of a work of too art. of all great orators holds. after the original cir- cumstances of its may be argument may and it Now first admitted that. as well as any other form of discourse. dealing with matters subjects. if it is preserved by some chance beyond the time when first delivered. a and coherence. There are some seen.

Yet these subjects are. if I can. some deeper significance ill the question than lies on the surface. Great debaters love to lead their audiences to these elevated points of view. Said a " I never like dvibater of experience and success: a speech on a question of any importance to close —illuminate the dry feeling. If . rare in the experience of debaters. l8S appeal to any high principles or deep feelings. tacked on to a them. is of course nothing less than ridiculous. commonplace speech as though one felt the neces- sity of adding something of the sort before sitting down. which will — if details of without showing. It is not often that a disputed subject is without connection with some principle.STRUCTURE AND STYLE. An impassioned peroradanger tion. some general truth. in the discussion of which it would be absurd to try to introduce the element of permanent significance or broad general truth." This is why speakers have a fondness for concluding an address with a bit of poetry or other imaginative literature. some high thought or deep it one only looks for the discussion. on the whole. precisely the quaUty of poetry to illuminate small things by showing the elements of general for it is truth and permanent significance that lie behind In unskillful hands such attempts are in of being absurd. and making the audience see that the discussion has been worth while wholly apart from the temporary circumstances that gave rise to it. or a sudden flight of poetry.

the speaker must lead his hearers to it gradually. What. and not affect any feeling which they cannot be prepared to share. Cicero. and Victor Hugo the same great really spoke on the same themes. — — . from hand to hand. any high thought or deep feeling in the subject. and the torch of the debater is passed on ideas. But one can nearly always ask himself. Patrick Henry. Demosthenes. It may not be possithere any element of feeling whatever.1 86 is THE ART OF DEBATE. Pitt. after makes my argument worth while? What all. Wendell Phillips. thought or purpose animates it which I should be glad to have handed down in my name to another generation? For while subjects change superficially ble to introduce from year to year.

ment delivery. to be Whatever we may think it is of other sorts. And fact that apart one must be ready for all sorts of unforeseen emergencies. we know that this cannot be done. THE SPOKEN DEBATE.VIII. that the speech could be written down in advance of its Relation of gp"tel^*^ Speech. however. Some of his most important problems are still to be solved. and just how he wants to say it. of public speaking destructive of debate absolutely bound by what has been prepared. One of these problems we have temporarily ignored or avoided. We bater's have now followed the progress of the deto the point of the actual work up making He has decided just of his speech or speeches. As a matter of fact. in what has been said in the We have assumed. one cannot be sure of saying just what he has decided upon in advance. what he wants to say. preceding chapter. for the sake of convenience. and that the choice and arrangeof words could be made at that time and ac- curately followed in the spoken debate. The peculiarities of a speaker's own mind and 187 from the . in so far as this can be done before the actual exigencies of debate are upon him.

is There is generally unsuited to the uses of debut one sort of speech less deserv- ing of success. that a written speech. and that is one written in advance and delivered from memory.i88 THE ART OF DEBATE. Such being the case. the manuscript is never . Perhaps not one speaker in a hundred can deliver a memorized speech with perfect naturalness of manner. and of the use of notes in public speaking. bate. as the exigencies of debate. and lay it aside when necessary. that it is impossible to say anything by way of guidance beyond the mc^st much depends upon general suggestions. For most persons it will be better to read from manuscript directly. however. word for word. are quite as uncertain. oftentimes. shall one give up of writing out in advance his AdTantages of "Writing. It may be agreed at onde. of the speech prepared to the speech delivered. In all these matters so the ability and experience of the particular speaker. read from the manuscript. than to seek to conceal the want of extemporaneousness by the transparent device of memorization. or can memorize a speech from beginning to end and yet hold himself ready to make such changes as occasion may demand. all idea arguments for public debate? reasons By no means. memory This brings us at once to the problem of the relation of written to spoken language. There are many why a speech should be written even if down at the outset.

and arrange themselves on paper as they would never do in one's rrtind. vidual debater must answer for himself. 189 One never knows just what he has to say until it is written down. and for a debater this is an important point. all those matters relating to style. What shall when once be done. with this argument This the indicarefully written out? Preparation ^^f delivery. and the ideas of the speaker will be much more likely to occur to him in the orderly fashion in which he has planned them.. Perhaps he may destroy the mere act of writing it and feel that has prepared him for his . Certainly one never knows how much he has to say until it is written down. the writing out of material is a great aid to the memory. can be considered and worked out at one's leisure. as all students know who have taken lecture notes or made written analyses of material for examinations. which we were considering in the last chapter. Ideas often seem to flow from the point of the pen. if he has written them down in that order. then. used at all. does not follow that the work of deciding them will be wasted because the written speech is not delivered without change.THE SPOKEN DEBATE. word for word and letter by letter. Finally. is to wear a path in one's brain which it is not easy to efface. left with pen and paper at hand. To write a thing. it. Again. and not to the haste and excitement of It the public assembly.

There are debates in which every word must be measured and weighed before it is uttered. and let it go at that. and others in which the enthusiasm and the rapid thinking belonging to the heat of the discussion can be trusted to take care of the words. There is always a conflict here between accuracy and exactness. without mechanical memorization. though not by rote. in order to see how it sounds and how it takes. of his plan. This argument is be condensed carefully timed. he will study it over and over again. the debater should bring his material as nearly as possible to the point of exact preparation. They first write out their argument in full. and freedom and fluency on the other. All this will depend. until again. in the other he will take with him to the plat- form or bar nothing but a knowledge and his material in the rough. upon the degree to which the speaker trusts himself to say what he wants to say when on his feet. Perhaps. In the one case. The following plan proves useful to many debaters. on the one hand. of course. Perhaps he will read it over once or twice. on the basis of the preliminary outHne.19© THE ART OF DEBATE. he has almost memorized it by familiarity. and the much time extent to which he feels that he must leave the precise character of his remarks to be determined by the state of the discussion at the time he enters it. public speech. and must then usually in order to bring it within the re- .

he is lic some further study to his manuover the full argument until it is reading entirely familiar. but it will be a comfort to know that it is at hand in case of need. drawn from This outline will dif- original. for new material or improved arrangement will have been suggested in the writing out of the argument. he will do well his to prepare a condensed copy of his outline on a card. If. made.THE SPOKEN DEBATE. be able to say just what he has decided upon saysure of his memory. If the debater is now ready for his pubhe fears that he will not speech. Unless he confident through experience. see whether headings suggest to him what he wishes to say under each one. . He it hold should not expect to use it. or even to in his hand as an advertisement of his in- security to the audience. and carry it in his pocket to the place of debate. The last step will be to make sure that he is familiar with the outits line itself. so that he will not lose himself between one division of is speech and the next. and then studying his outHne to ing. 19* All matters of phrasing and illus- tration are as carefully corrected and polished as though the speech were to be read from the manuscript. The of notes principle governing the question of the use is simply that nothing must interfere with It the natural relations of speaker and audience. however. Then a new outline is the fer argument somewhat from the full as written. he will give script. quired limits.

but the ideas of the speaker himself are to derive their strength from his presence and utterance. as here suge^ested. and in debate. when thoughts a quotation of any length is to be introduced. In such cases. but the Extempori- that the study of the written argument should never reach the point of mechanical mem- point is orization. but to another. and what the general order in of may be when certain ideas have to be expressed very accurately or pointedly. it may be so regarded. he may even be practically certain as to what words he will use in particular places. it is more natural and reasonable to read directly from book or paper than to attempt to quote from memory. natural for one man to talk to another. quite natural to read aloud the of another writer. It may be asked whether the careful study of a Degree of written argument and of an outline. of course.192 is *^ THE ART OF DEBATE. speech sentences will contain. it is not natural for one either to read or his recite: own thoughts it On the other hand. or. the very presence of book or document is an element of strength. But he will use the same words that he wrote down not . such is as the citation of an authority or the written testimony of a witness. It may just reach the point where the his speaker knows how many paragraphs each paragraph. is not in a sense a violation of the idea of extemporization? In a sense.

he told me what he was going to say at Salisbury. 193 because he has learned them so thoroughly as to be able to recite them." The debater who has prepared himself in this way will never be bound to the words previously chosen. Thus. Holyoake in his book on '* Public Speaking and De- bate": " John Arthur Roebuck was the most mathematical speaker in Parliament in his time. was word for word what he had said to me. which. The tion tells is practical character of this sort of preparaillustrated by an incident that Mr. having spent thought on the best method of expressing when those ideas recur to his mind the chosen words will recur also as the best form in which little no certain ideas. The reason was that the words of a perfect statement are not changeable. A fortnight later I read a report of his a straight and another was Sitting at his table one speech in the Times. where. but because. so far as I remembered. so as to feel embarrassed if different ones . to utter them. he was to deliver prizes to students. at the Bishop's request. If any term can be changed for the better it means that a wrong word has been used. none others will express the sense intended. The chosen words recur to the speaker because they are inevitable.THE SPOKEN DEBATE. understanding is in place of memory. and he took it. day. shortest distance between one point He knew that the line. to a trained mind.

no matter how timid and inexperienced. one loses the power of ut'ering it spontaneously. from of ' his tongue nor . will his speech move on in Danger tion. argument is to come at the openwhen he can determine in advance said. too. is liable to play strange tricks.194 fall THE ART OF DEBATE. even to the outline that he has brought with him He can never gain fluency and confidence without trusting himself. Up his ing of debate. its is lost. should guard carefully against becoming a slave to the speech that he has written down. imposing as they are. But the debater. or as a safeguard. what should be or if he must be sure of oc- cupying a definitely limited period of time. if the memory memory suddenly weakens in of duty. The mind. are not so great memoriter speaking. than to educate one's self to the use of crutches. and run off on a line of thought by itself. Then. trusting to the to carry on the speaking. everything The of recovery. mechanical performance and there is small chance way to avoid this —to put the . The dangers of extempore as those of speaking. It is better make a dozen failures in the attempt to be gen- to uinely extemporaneous. without adapting itself spontaneously to the to this point the careful preparation of a speech may be advantageous. a predetermined flow of language. especially if the speaker is inexperienced. As soon as a speech is finally committed to memory. or if need of the particular moment.

THE SPOKEN DEBATE. and when he meets a new word. The precise words to be used in debate. of practice in fluency is that already suggested in connection with the preparation of a speech: to stand up as though to speak to an imaginary au- . if it seems a good one. So long as the speaker is choosing for himself at each real moment just what words to use at that mo- ment. give an easy and natural style. the centers which act of themselves without high cerebral command. his speech will affect the audience as a fresh. and spontaneous utterance. matter in terms of psychology 195 — is. works of great writers and speakers. the right word will be at hand The assurance that when needed is of course a matter of experience. not only in company but alone. must usually be left to the moment of speaking. even in common conversation or He should read the talking to himself. not being frightened by the opinion that to talk to one's self is common of a symptom Perhaps the most effective single sort insanity. then. not only in order to be easily changed but in order to ^*"°^' at the will of the speaker. never to learn a speech so thoroughly as to turn it over to the lower centers of nervous action. should when store it away for the first opportunity he may have He should talk as much of putting it to service. To acquire fluency a speaker should try always to use the best word for his purpose. as his conscience will permit.

or shade. then. one may say something anything. as one would do before an au- — dience in such a case. you cannot always foresee how Mr. what Mr. one's ready vocabulary will grow. in words fitted to the purpose but extemporaneously chosen. dience. but afterward the point should be taken up again and the right word deIt is surprising. Gladstone it is as though he took upon him vast piles of the English lan- guage. with a swift hand. and attempt to reproduce the substance of what has been written down. for the time being. from which he takes. or brightness of light." One final word as to the relation of the written and spoken speech. and he dashes it in with the spontaneity of a master. when one has once termined. and the time may come when it may be said of the speaker. Holyoake says of Gladstone: the platform with With Mr. Gradually. determined upon the right words and phrases for a certain number of occasions. of written discourse We is have seen that the style more compact and less dif- . When a — sentence is Gladstone will begun. in small " measure. words of strength. end it. His eye sees all the while the fitting word lying by his side. But the great artist never fails. how many purposes they will seem to serve. or force. or beauty. When one comes to a point where a fitting word does not suggest itself. whatever he requires for the purpose of the moment. until each passage is perfect.196 THE y4RT OF DEBATE.

that space must be left for it material suggested at the moment of speaking. even when the posed. therefore. when there is little time for re- which it may be regarded as a sort of inspiration. as is very commonly supthat. expand as conversational in oral utterance. The ability to anand refute the arguments of an opponent flection. more than general alyze. Observation shows . this consolation may be offered: that good rebuttal in debate is not by any means so largely a matter of rapid. is almost useless to try either to analyze Nevertheless. What. again. it may be asked at this point. as well as from the fact becomes freer and more For this reason. tude for practice. Unless. in its written form. suggestions. the debater writes with unusual and Expansion unnecessary diffuseness. of preparation for rapid rebuttal in debate? This.THE SPOKEN DEBATE. rapidly. recapitulate. 197 fuse than that of spoken language. Otherwise the end of it may never be heard. it or teach. some natural apti- may be remarkably those with little To strengthened by of such natural apti- tude for rapid thinking on their feet. the full time allowed for speaking. is so much a matter of individual ability that it is impossible to offer anything preparation forEebuttai. his written wo:k will naturally 0^ Speech. the prepared argument should never be so long as to occupy. granted it. debater on one side must follow his opponent with- extempore thinking.

before they are ever brought to the point of formal debate. it is a very unusual debater (except. simply to do what we have considered in former chapters: |-j^g Armed with Material. to become acquainted with all probable or possible arguments on the opposite side. In a recent intercollegiate debate the speakers on one needed side is in support of their position from an arwritten by a professor in the opposing institution. or the form in which it is stated. on occasions when some new piece of evidence has been discovered) who can devise a method of proof which a careful opponent will find surprising or unexpected. and pated.198 THE yiRT OF DEBATE. It was at the opposing institution that the quoted ticle . the occasions are rare on which the opponent will be found to have introduced any material which could not reasonably have been antici- Most debatable questions are discussed pretty thoroughly in an informal way. out opportunity for reflection on the arguments of the latter. for and to be provided with abundant evidence overthrowing them. What is often thought to be great brilliancy is really only careful preparaTo have at one's hand the evidence that is tion. to analyze the question from point of view of the opponent as well as from one's own. of course. then. worth more than great eloquence. To is prepare for extemporaneous refutation. Usually the most that will be unexpected will be the general arrangement of proof.

The pro- who had written the article was present in the audience. The incident illustrates the im- portance of being prepared with all sorts of ijiaterial on the subject in hand. to decide which of the material prepared for the „ . and the quotation of course made no in fact. There was nothing to do. the effect would have been most striking. in the matter of refutation.THE SPOKEN DEBATE. expected and unexpected. It was. If one of them had been able to rise and read two or three sentences in the context of what had been quoted. but could not fessor rise and interrupt the debate to explain the true state of affairs. throwing back upon his opponents the charge of garbling the evidence. therefore. . is. One need not answer what has not been charged one must emphasize in refupurpose is to be used. nor was any of them sufficiently familiar with its contents to give a true account of it. first of all. . Unfortunately none of the debaters representing the institution where the debate was held had brought the article to the platform. extemporaneously. was of course profoundly annoyed by the use made of his statements. merely a half-quotation. then. impression on the audience. before actually entering upon debate. misrepresenting little the general tenor of the article by selecting some sentences and carefully omitting others. ^ ^ Extempora- What must be done and which may be neons Refudiscarded. 199 debate was being held. but to ignore it.

as in most of the argument. one can decide in advance in what connections it will be best to take up particular ar- guments In the third place. what has been emphasized in direct proof. in resuming his speech: Wynn- be to preserve order. of indecency • Sir. Thus Pitt. said. In the second place. avoiding as has been suggested in other connections the use of separate. one must arrange the material of refutation in a connected and pleasingly coherent fashion. of the opposite side. the form of expression in rebuttal. except when the debate takes an unex- pected turn. Usually this arrangement need not be wholly a matter of extemporaneous decision. and on the way in which it has been said. It will depend on what has been said. Sometimes the arguments to be attacked may be treated with contempt. in a debate in the House of Commons in 1741. . ington. The very phrase of an opponent will often furnish a skillful debater with a phrase for replying to him. for. must be left to the judgment of the moment. usually they must be respectfully answered.200 tation THE ART OF DEBATE. there is no danger from the most licentious tongues. the emphasis which he lays upon a word will give one an emphasis for one's own case. A courteous opponent needs one sort of reply. a pugnacious adversary another. if " this . scrappy- — — pieces of rebuttal. when he was called to order in a passion by Mr.

. and condemn in silence what his cen- sure will never amend. the words of Pitt himself. I will advise him never hereafter to exert himself on the subject of order. Th'cy doubtless contain the substance of Pitt's retort. but are in the characteristically heavier style of Johnson. I should select the case of friend will be surprised. My honorable and learned friend has repeatedly told the story with great eloquence and effect. to remember how he has succeeded. when the poverty of Mil- as an argument granddaughter term of copyright. Why. Johnson. but will hardly be re-established by a monitor like this. These are not. . I '* — — under discussion. I should select.THE SPOKEN DEBATE. did she not live in comfort and luxury on the proceeds of the sale of her ancestor's works? * But." * Thus Macaulay. return in some degree the favor he intends me. to speak but whenever he feels inclined now on such occasions. but arc taken from the report written down afterward by Dr. . 201 Order may sometimes be broken by passion or inadvertency. he asks. . in fact. instead of obtaining a pittance from charity. Sir. ton's for a long too. was able to retort in w^as -urged this fashion: tration of the effects wished to find a strong and perfect illuswhich I anticipate from long copymy honorable and learned right. . who cannot govern his own passions while he I is may That restraining the impetuosity of others. the fate of Milton's granddaughter has been brought forward by the advocates of monopoly. Milton's granddaughter! As often as this bill has been If.

proposes to make it. honorable and learned friend tell me that which he has so often and so pathetically described. and concluded with " Ladies and gentlemen. the duration of copy- right was longer than even he.' pray that. the debaters on one side repeatedly quoted statistics relative to Dutch Guiana. At the time at which Milton's granddaughter asked charity. moment cultivate possible. the rapidity of when the inspiration may be needful his. Milton's granddaughter is starving." To pass to a very recent example: in a debate on the colonial policy of the United States. was caused by the shortness of the term of my copyright? Why. at present. will THE ART OF DEBATE. In reply. .203 Sir. this event. The monopoly lasted not sixty years. there are the remark: more things in heaven and earth than Dutch Guiana!" Such skillful retorts as these just quoted come. a monopoly. The reader is pillaged. Milton's works were the exclusive propMilton's works are under erty of a bookseller . as proving certain laws of trade relative to colonies and their mothercountries. at that time. but forever. by a sort of inspira^^^^^ ^^^ ^^^ ^^^^ ^ debater can do is to Bapidityof Thought. comes. the opposing debater adduced contradictory statistics from a number of colonies of great size and importance. To is thought while on one*s feet . but the writer's family is not enriched. as has already been suggested.

His nerves will tingle. To the speaker his absorbed audience. the presence of an audience. his brain work like an engine. and piaceof an end We come now to the final As a means to Delivery. in itself it is to be forgotten as soon as possible. One must speak a pub- making himself bore. it is of great importance. One may well be watchful. one must be earnest in his thinking and in his investigation of doubtful questions. in his subject. though he need not guments make himself unpopular by putting his thoughts into words. from the very time and place. To tion. of opportunities for such an one. There is only one thing better than to hear a debater at such a moment. but as stimulants. the act of rising to speak. Words will follow suit. ter. in conversa- keen rebuttal of weak arand empty sayings. it is and eager to convince a bore to be obliged to give attention . Ideas will come pouring upon him. that of delivery. yet a subordinate one. the feeling that the occasion is a pressing one that everything depends upon him. Above all. for earnestness is the mother of fluency. as being an essential to success. if he be naturally fitted for a speaker. and ! that is to be the debater one's self problem of the deIt is a troublesome matbater. in such numbers as to need repression rather than stimulus. will act — not as embarrassments. but not easily reducible to as often as he can without lic 203 rules.THE SPOKEN DEBATE. his blood flow quickly.

or it may be that they speak audibly. is far worse off than one with fine brains but poor elocution. And it would be a comfort to be able to add that. are of the very first rank. the motions of his arms. if one will only attend to the matter of his speech and the earnestness of his purpose. without great power of concentration. It is no that if one must choose between sub- ject-matter and deUvery. experience forbids our saying so. yet who can always command an audience and move an audience. On the original ideas. even brilliant men. and yet whom no one cares to hear make a It may be from the simple fact public address. however. These are the actual . that they cannot be heard. whose conversation perhaps. the position of his feet. Unfortunately. subject-matter should be chosen without a moment's hesitation. remaining wide awake. that a speaker with fine voice and presence. the delivery will take care of itself.204 THE ART OF DEBATE. is to the use of his voice. yet with so little vigor or variety that it is impossible for any one to listen to them for any length of time. whose writings. or at least not make much difference. through nothing else than their ability as speakers. We all know learned. other hand. or He rightly says that he interested in doubt true more important matters. but with nothing to say. we know men with comparatively few whose speeches when printed and read prove to be vastly inferior to those of the former class.

So much deing. then. upon the natural voice of any particular speaker. In both cases the make ideas intelligible. therefore. as the qualities of a elegance. And laws of delivery are very Delivery.THE SPOKEN DEBATE. related to the laws of style. to athere anything more than the slightest help tempt in the way of practical suggestion. but he cannot The style: characteristics of a good delivery may be good Qnaiitiesof stated in the clearness same words force. 205 And it follows that a debater without a good delivery is a soldier but half armed. and . them in pleasing and effective quality of clearness. to He may know what he wants be sure of hitting it. that each person must find his own critics and learn his own lessons. Whole books have been The continue to be written. conditions. it pends. speak too loud to be heard when they are in a small room. aim at. provides that the speaker shall be heard. self It may be is said in general that making one's heard not by any means altogether a matter of loudness. Both are means closely for expressing what one thinks in a way that will the general make aim it is to the property of others. used to Many immense audience rooms or to open-air meetings. To bellow before a small . and form. on the use of the voice in public speakwritten. speakers. will and would be unreasonable. too. to drive them to put home.

and no more. because he says them . It is astonishing how averse some speakers are to opening " their mouths when they talk. and yet distinctly. to his most distant hearers. the force of his voice will then naturally increase as he proceeds. There are usually three points to be noticed here. To speak with apparent ease and with quietness. Blank may say are a great many fine things. the elements of clear speaking requiring no little attention from most persons are clearness of enunciation and purity of tone. is best of all. It is true that a certain necessary in a large room. but to keep the mouth well open and let the vowel sounds have a good chance to go straight from the place where they is made to the ears of the audience. Usually a speaker can judge what this should be by fixing his mind upon the part of the is amount of loudness room most distant from him. If the room is a large one. Ability is to make one's self heard in large assemblies often simply a matter of distinct enunciation. he may at first be content with making himself just audible. is audience ridiculous as well as wearisome. But apart from the matter of strength of tone. " but one seldom realizes it. and directing his voice with such force that he will realize that he is reaching at least that distance. Dr." said one college professor in speaking of another in the same Faculty.2o6 THE ART OF DEBATE. The first not to swallow the tone.

" as they .THE SPOKEN DEBATE. Impure tones are caused by the " presence of inharmonious over-tones. of the subject or of the language to their sentences probably end. the result is that a hearer must fall back on his knowledge know how ter of fact. As a mat- we have seen that the end of a sentence or paragraph is usually its most important part. Many speakers seem to tire of their sentences before they are through uttering them. clearness. their minds no doubt are running on ahead to prepare for what is to be said next. It should therefore be brought out with special distinctness. and not to let them constantly slip away into nothingness. The third element of distinctness style is to keep up the force of utterance to the very end of each sentence. inside his throat 207 and a good part of them never gets out." The second element of distinctness is to utter one's consonants neatly and fully. p^tyof though appreciate it in the sound of Tone. and not let the conclusion dis- appear into the speaker's throat. and serve to clinch the thought which has just been uttered. The element of purity of tone ficult is even more dif- to treat apart from individual cases. it Even if it does not interfere with produces a most slovenly and inelegant of speech. all It is a matter which few persons understand. Failure to pay sufficient respect to the consonants of the language is a cause of much unintelligible public speaking. different voices.

not let- ting the voice really escape from one's own throat. out of it at a definite distant object. An open throat must be cultivated. namely.2o8 THE ART OF DEBATE. Any one can appreciate this by speaking in a deliberately harsh tone of voice. Deep breathing must be cultivated. the straight But all these matters quality will be improved. the resulting tones will be likely to be impure and If one opens his mouth and speaks unpleasant. Speakers can do the same thing. by fixing the mind on it. in order not to tire the throat and the upper part of the chest by too great dependence upon them. and to force out the tone in their direc- — tion. the failure to fix one's thought on the audience addressed. and deliberately relieving it of the poor qualities of sound which one uses in common speech. if they will. are called. poor quality of tone is often due A to the same cause which produces a weak or indistinctly enunciated manner of utterance. free from that constriction which so often tires speakers' voices when they do not know what . and listening for the discordant overtones which can be heard in the throat. relating to the use of the voice must be worked out by every speaker for himself. which sound in conjunction with the principal pitch at which one speaks. Singers spend many weary hours of practice in order to rid themselves of these impure tones. Indeed the quality of the voice can usually be improved at will. If one speaks in a sort of soliloquy.

or talking it into a phonograph. is of almost equal importance with that of clearness. in delivery. such as college pro- make no effort to do anymore than simply say what they have to say. must be disposed of if the voice is to be at its best. a weak and harsh voice may become comparatively strong and pure. since The the two are very closely connected. indeed. is 209 the matter. to make people not only hear but listen. are very likely to not be content with any such sort of speaking. He must make sure that his important ideas are heard because the very tone in which he speaks them is so insistent that the audience cannot choose but . or other enemies of the general health. quality of force. thing as though they were laying the matter on the table. and to drive home into their consciousness — the same as that of what the speaker realize that is saying. knowing that any one who should come by might take it up and get the benefit of it. already been touched upon. by the firm and constant use of the will. or might not. Here is where we all Those in the habit of speaking to audiences that feel obliged to listen whether they want to or not. is The object of force in delivery force in style. It has.THE SPOKEN DEBATE. many speakers fail. In this way. Oftentimes catarrhal affections. But a debater must fessors. Constant criticism must be sought from those who are able and willing to tell one the truth about his voice and delivery.

They are them- selves excited at the very moment of commencing. the audience may soon go to sleep. But giving if there is a constant hammering at the same degree of force. as they would do under the influence of . its effectiveness will soon vanish. speaker begins they are likely to laugh at his waste of energy. hear him. Some full speakers make speed. in a heat. and the mistake of beginning at full force. must be driven home. it will be as though there were a current of electricity running on a wire between him and each one of them. He must bring out clearly. every change in his Hne of thought. and do not realize that the audience is not yet ready When a to sympathize with their state of mind. Vigor and Variety. so that it will be more certain of being understood. and be entirely unmoved or even repelled. as though one were each of them a blow with a hammer.«lo THE ART OF DEBATE. and insists on making and keeping up this as it were — — magnetic connection. Vigor and variety. as some loud-voiced speakers do. A good speaker knows when this is the case. if he begins violently and continues violently. full heat. by changes in his voice. then. and the audience is cool. He must establish so close a connection between himself and his hearers. The important ideas of one's speech must be emphasized. Or. that from the moment he begins to speak until he sits down. may be said to be the main elements of force in delivery.

without constant variety of pitch. 211 any other sort of monotony. an which many persons good speaking very hard to attain. If both vigor and variety are used.THE SPOKEN DEBATE. then. Not only is anyVariety of of pitch." but it is quite impossible to bring out all the shades of meaning that any speech contains. when they have become used to the noise. ing too long at a time. find -^ '' . will ness and deliberation which his audience begin with something of the same sort of coolmay be feel. is ele- ment . remembering that force is always gained by change and contrast. not these tunes. Pitch. in our common speech. is as impressive as a sudden raising of it when one has been speaking quietly. in fact. The wise debater. A dropping of the voice. We have.« . a vast number of little Umes which express the words. flexibility of voice to produce them The . the audience will be pretty certain to hsten if the speaker has anything at all to say. supposed to his subject. when one has been speaking loudly. he may then gradually warm to and carry the audience with him to greater degrees of force and higher planes of feelHe will never pursue one manner of speaking. as well as of force. . relations of ideas quite as accurately as stands but Everyone undereveryone has the easily. ony. thmg approachmg produce the effect monotone sure to which we rightly call " monota .

This is the prescription for persuasive- ness of manner. who will not spare to tell him what absurd things he does when he is in the excitement of speaking. same suasiveness in speaking sort of dignity and perthat it means in style. He must exercise his will-power beset until he is sure that he too. too. Regarding the third great elegance. The speaker must respect himself and his cause.212 THE AKT of debate. in which the pitch of course constantly changing. This is He must the prescription for true dignity of manner. To do this he must have pecially friendly critics. of is the perthis haps the most natural means of acquiring flexibiUty. and address them with the courtesy with which he would address any individual among them who might be his guest. Ele- gance means. first all. If these qualities abound. respect his audience. that a speaker shall rid himself so far as possible of those particular temp- tations to awkwardness or uncouthness which eshim. Not every speaker can hope to sing for the pleasure of others. but every speaker can and should sing a good deal for the good of his speaking voice. It need be means. of is habit voice singing. the . it also helps in the gaining of strength and good quality of tone. said. the is master of himself. very of little quality of delivery. but not be thinking of himself or talking of himself as though he were the theme of all his speeches.

THE SPOKEN DEBATE. 213 in the placing of his feet or the much want of elegance movement of his and feet The mention of hands suggests the question: what can we say of posture at and gesture. gesture "^®' prescribed and provided for a particular place is one of the most lamentable pieces of gym- A other hand. that shall be useful to the debater in a general way? Erect posture respecting slouches. his sul> The self-controlled speaker. a gesture that comes from the spontaneous enthusiasm of the nastics in the world. carrying his hands in his pockets. he take a position of self-control. or else he ij» not on the proper terms with himself. very little of it is needed in deWhat there is should be the outcome of the natural feeUng of the speaker. The who and unhygienic habits must correct. As bate. Almost nothing is a matter of habit and of a of self- speaker or stands in a hang-dog fashion. has state mind. or indulging in bodily contortions when he is carried away by enthusiasm. all. to gesture. will be either acquired inelegant \«hich gymnastic practice likely to however. On the even S])eaker will have good chance of being effective. . ject. Even then. who feels that he is master of the occasion. may need friendly caution as to shuf- lling his feet. if it violate all the commandments of Delsarte. Speaker will be pardoned hands. and his audience.

" On the other hand.214 THE ART OF DEBATE. he should be told of it and led to restrain himself. There are. but only when they have been absorbed into his general make-up. then. Critkism of gesture. The entire nature and use o^ gesture. not the effect. may even in the long run do hinJ. as there are laws of style. If a speaker has formed the bad habit of waving his arms or beating his forefinger all through his address. makes almost no gestures at all it is because is he there freedom and force in his general manis embarrassed or constrained. it is training of a general charTraining for Provided Delivery. How much for training In mere delivery is advisable an inexperienced speaker? All that he can get. can scarcely be overdone. because he indeed. are from within. rightly looked at. too little ner. must b'e largely individual and corrective. with competent criticism and a rigid general use of the will for the purpose of correcting faults and gaining force and elegance. laws of gesture. and not for a particular speech. acter. — good. in such a case the cause must be corrected. or has too little warmth of feeling. though it seems to be impossible to write a treatise on them and keep within the bounds of sanity. But training of a kind. Much practice its on a particular speech is likely to destroy spontaneous quality. It will do a debater no harm to learn something of these laws. The ambitious speaker should sing and . " Faithful are the if wounds of a friend.

when the occaall sion had arrived. and should practice gymnastics in orto strengthen his muscular self-control. must touch them by his reach out after them. but must talk to them. or do it frequently by way of general practice ought to wear tracks in the brain and along the nerves. To do these things with a particular occasion in mind would be to incur the danger that. such that. to But attention to look after higher things. shout der all 215 he can. from one point of view. when an occasion demands all one's power. only by speaking privately to a mirror that one can discover the mistakes of facial or bodily expression which one's friends will never dare point out. be reduced to a single principle. and should in a good-sized watch his expression It is and gestures mirror. but of posture. nerves and brain will react as they have been trained to do. To do this he Speaker to must not speak as though talking to himHe must self.THE SPOKEN DEBATE. made in private. gestures. He lungs and improve his should deliver many speeches to the walls of his own room. speech. or into the air. to make his vocal cords strong and flexible. The successful speaker is one who is able to reach j^gj^^^jj^f and move his audience. All these matters of delivery can. must enter into their sympathies so as to . one should think not of the duty of the moment. and leave the quality of tone. and such a discovery. is without the bitterness of publicity.

2i6 THE ART OF DEBATE. the style will move in orderly and fluent lines. . is the whole end of his work. Two great facts mind: his subject and his audience. their feelings in his move must be and wills. and the whole physical man. will be at its best. Himself he must for the time being forget. the brain will act logically. as well as the man of thought and feeling. To bring these two together. If this principle is operating in an ideal way. The debater with even moderate attainments of this kind will be in a fair way to become what it was said at the very opening is: of this book that a great debater always a leader of men. as he sees them.

Any student of argu- — — choose do well to seek in the ConRecord for suggestions relative to debating gressional mentation will. illustrate methods genuinely susceptible of U> include also a specimen of Congressional debate.APPENDIX. The editor is under many obligations to those whose cx)urtesy has material in the The aided in making possible the use of it for the present purpose. INTRODUCTORY NOTE. but the conditions of discussion in our legislative bodies are such as to whose work has bewhich are It was intended imitation. of debate make it difficult to speeches which are at once careful. from the very begin317 . of course. "venience of illustration Appendix is added for conand reference. in deliberative assemblies. while perhaps not such trustworthy n models of style as those of orators come historic. In this case the subject was such that the affirmative side had not only to prove its proposition but. The speech of Mr. brief. and so. Meade is given as an example of refutation in extemporaneous debate. The speeches are from recent discussions on real iflsues. and standing by themselves intelligible.

Warren is an example of clear clear presentation of a subject unusually difficult to treat before a popular audience. rather than popular. on a question of purely technical. interest. while such an instance as the brief on the Restriction of Trusts illustrates the most thorough and rigidly formal type of outline. legal brief is The . The speech analysis and of Mr.2iS APPENDIX. a definite plan being offered in place of the proposition of the affirmative. therefore. the Venezuelan Message is given primarily as an example of persuasion in debate. Its com- pactness of style is The speech on also worthy of study. included for the purpose of illustrating the peculiar methods of legal argument. ning. Reference was made to it. where matters of both fact and law are involved. was to present. to state making clear the influential in the choose the arguments most likely to appeal to those them in popular form. as an instance of constructive refutation. which follow the speeches are of course designed to illustrate different methods of building up an argument for debate. in the text of the book. but by a general vote of the audience. and while moderate position of his own side to attack the negative arguments which were most — — community represented. In some the method is compara- tively free and simple. and the present argument is an unusually skillful piece of solid rebuttal. Tha decision in this case was to be rendered not by judges. which consisted largely of tive side. to attack the arguments of the opposite side. members of The object the club supporting the negaof the speaker. and of arranging one's briefs The material in outline.

219 In this case considerable condensation was necessary. The brief from Macaulay's speech on Copyright is Complete included as illustrating the way in which the clear- ness of structure of an argument may be brought out by drawing an outline from the finished speech. legal involve not only an outline. however. illustrating the handling of evidence. have . if it at on the of good practice in and formality. are of course easily accessible. Of course no originality is claimed for the list of one hundred Propositions for Debate which make up the third division of the Appendix. The student of argument should side of fullness err. course always indicate how full and how must of formal an outline is advisable for any particular pur.APPENDIX. the handling of the evidence could not so well be brought out in a limited space. in order to avoid the limitations of particular times and places. — pose. The material is given in sufficient fullness to indicate the method of handling legal pre- cedent and authority. all. and most of them have been actually tested in debate. on the other hand. The brief on the Retirement of the Greenbacks is of course an outline of a single speech in a university debate that on the Restriction of Trusts. briefs since. but a fairly full usually statement. for the sake the analysis and construction of material. is an outline of the whole case of the negative in such a Circumstances debate detailed evidence excepted. They have been gathered from many sources. as was pointed out in Chapter III. legal briefs. of proof. Many of them. It is believed that there is not one question on the list which is not genuinely debatable.

of course. been stated in a form more general and more inclusive than would be found serviceable in practice. and general subjects should be made as specific as may be. and the art. profitable for formal oral debate." according to the place and conditions of the proposed debate.220 APPENDIX. When formal debates are held fney should be on subjects chosen so far as possible from present conditions of living interest. referring to " " should be altered to read New Massachusetts." or Pennsylvania. be debated with profit. where a live issue is clearly drawn and generally understood. The one necessary quality of a debatable subject is that it shall be one on which living opinion is genuinely divided. pure ethics." or " York. literature. present list Thus any philosophy. as experience indicates that they are unlikely to be Subjects relating to like. . be only suggestive. by applying them to particular of the subjects in the " " the States in general. at best. have been purposely omitted. Such a list can. They are often valuable for discussion of a more informal character. times and places. and may.

Edward Sherwood Meade. of the University of Pennsylvania. We We trade and American enterprise. But in advocating we have not lost our balance. ARGUMENTS. have expansion We been careful to base our advocacy of the American theory of expansion on the American practice of expansion. ladies and gentlemen.") The ground affirmative in this debate has in favor of taken strong are expansionists in the broadest interpretation of that term. and within the Western Hemisphere. are in favor of the largest p>ossible extension of American expansion. 1899. which is expansion on our own continent.I. (Speech delivered by Mr. EXPANSION IN THE EASTERN HEMISPHERE. in the CornellrPennsylvania Debate of February. except so much as may be needed for naval stations. speaker on the affirmative made such a convincing plea in favor of this western expansion that he has won over to our view of the matter not first The only you. Pennsylvania had the affirmative of the subject: "Resolved. That the interests of the United States are opposed to the permanent acquisition of territory in the Eastern Hemisphere. who have come here with open minds and unbiased judgments. but even * 221 .

The second speaker on the affirmative has followed up this advantage by showing not only that western this is to our greatest economic advantage. which means of course the permanent retention of the Philippine Islands. that the negative speaker who followed him so far departed from what we may suppose was plement and support his original intention. we had not dared to hope that we should convince our opponents. will be actness the broader outlines of the picture of national greatness which my colleague had so ably drawn. that those markets He in the East. dangers of political centralization. from which their first speaker — had departed in his desire to sup- port the argument of my colleague. but that eastern expansion. APPENDIX. but will furnish . He has told you that we must have markets. as to sup- my colleague's argument. For We expansion attended with grave political dangers. had hoped to convince the audience. indeed. dangers to national character and national ideals. By this time the negative had recovered themselves sufficiently to take up the original thread of their argument. and the gentle- man who preceded me has given you a glowing prophecy of the advantages to the United States of trade with China. The arguments of my colleague were. and filling in with nice exwe thank him. dangers of war. and that permanent retention of the Philippine Islands will not only introduce us to those markets.222 his opponents. showin great detail the nature of our expansion in the ing past one hundred years. who may reasonably be supposed to have inbibcd a prejudice in favor of expansion in the East instead of in the West. so conclusive.

Sixty-five per cent. our government can provide in the transfer that equal rights with all other nations be given to our merchants. and it is unlikely that. This is his argument for eastern exAnd he does well to base his contention pansion. by declaration of the President and by our prises. we shall maintain the policy of the open door in the East. where too glad to follow him. or hand them over to a foreign power. for. They dislike to make investments in losing enter- No matter what expansionists may say aboui our duty to civilization. from the United States practically nothing. only we are The American people are thrifty and enterprising. the on the ground of economic advantage. " — — manifest self-interest in the friendship of England.ARGUMENTS. rather " than our so-called duty. Now what are the commercial advantages of annexation? In the first place. No matter what the United States may do with the islands. 223 US with a trading base from which we may capture trade of China. we could capture from other . We have no special advantages in producing the cheap implements and materials which are mainly demanded by the natives. of enormous extent and far greater promise. whether we give them independence. and under this policy all nations will have an equal chance in the Philippine trade. of the imports of these islands come from the British Empire." it is our interests." that will determine our course of action. We can secure no more than this by annexation. it is plain that the trade advantages of annexation do not lie in the Philippine Islands. unless favored by tariff discrimination.

. Then. increases the burdens of taxation. What is the trade of the continent of Asia. and in addition. nations the trade which they now control. and on this ground they justify their policy. and therefore free from taxation. year. and surely annexation of the Philippine Islands must greatly aid us to secure it. as shown by we war my colleague. A policy of colonial empire weakens our military position. intro'' duces the one-man power into our government. are very serious. if the account is is to be balanced. But if the trade of Asia small. the posses- sion of the Philippines will not help the United States to secure that trade. Expansionists in general are quite ready to concede this. and what chance have we to secure it? We may take India and China as representing approximately the entire amount. The total imports of China and India in . In return for these sacrifices the expansionists ofifer the possibilities of exports to the continent of Asia. The political and financial burdens of annexation. At home are secure from attack. too. an<\ transforms the United States of America into th<i United States of America and the Colonial Depen^ dencies Thereof. if.9H APPENDIX. * But they claim that possession of the islands will give us a foothold for trade with the East. the imports of the islands are only ten and a half mil lions of dollars. the expansionist has lost his case. Surely this trade must be great. and all of this would be insufficient compensation for the burdens of annexation. Our government is thoroughly demoour people become more homogeneous evern cratic.

and cotton goods make up China's largest import.000 of In the same year European states imported goods to the value of six billion dollars to 253. . a 3$ people. in eleven years. . and it is in the States of the East and the middle West that we produce the greater part Even after the Nicaragua Canal is of our exports. Japan and China are now absorbing the cotton trade of China.300 miles closer to Hong Kong Distance means coal. and more coal means higher freights to the American than to the English exjx^rters. Again. is Not only has been greatly exaggerated. . in the same period. six 1897 amounted to $440. In Asia this competition we must compete with Great Britain. to Europe.000.000. or twentyfour dollars per capita. and therefore has but a small share in the eastern trade.000 to 620. more than doubled since 1888. The importance of this Asiatic trade. What more conclusive answer $26. and in we are handicapped by distance. but in Europe and America. The lie on the continent opportunities of the United States do not of Asia. after fifty years of uninterrupted trade.ARGUMENTS. Our Atlantic ports are 3. or seventy cents per capita.000 to the American continent an increase of 75 — In 1898 $980.000. built.000 of people.000.000. could be given to the claim that the trade of the East . $184. the trade small in amount. it is plain. .000. The United States is too far away to compete with English than New York. to the continent of* Asia.000.000 miles further from Hong Kong than is Great Britain. . capital in these countries. but the United States is at a disadvantage in the East. . Liverpool is is 1.000 of our exports went — per cent.

one for bare subsistence.«a6 is sufficient APPENDIX. but will not the trade with Europe grow? Will not the trade of the American continent grow even faster? Will not the same causes operate in the future as have operated in the past. we look to Europe and America to buy our manufactures. not of wood. we see even stronger ground for our posiAmerica is more and more devoting herself tion. They claim. . We seek a market for these goods among the people who wear shoes of leather. and not the tools of antiquity. and we realize that the poverty-stricken myriads of the East have little for us. who use improved machinery. . this trade will grow. The negative must therefore admit that the trade of Asia promises Httle for the present. continue to operate. who have something to buy with. to direct the current of American exports away from the farther East? And when we look to the future. to the higher forms of industry. that if we will but acquire territory in the Eastern Hemisphere. the diffiand the enormous cost of expansion? But. In short. says the expansionist. however. one European equals thirty-four Chinamen and Hindoos. China will develop. . American is equivalent to thirteen Asiatics. to compensate us for the dangers. whose products satisfy the wants of civilization. who ride on railways. and they must also admit that in the future the same causes which have directed our trade to Europe and America will culties. especially along the Hues where the mechanical excellence of her people gives them the greatest advantage. . and who are not engaged in a constant struggle For consuming purposes. Well and good. not in bullock carts.




the result will be a great expansion of our eastern The only territory which it is proposed to ac-

quire is the Philippine Islands. If they will not serve as a trading base, and if a better trading base already

commercial argument of annexation If we disprove this claim, imhas not a leg to stand on. Unless the perialism can assist us to the trade of China, no one Philippines
exists, the entire

to the ground.

advocate their retention. trading base is a place near the desired market, where commercial agencies and branch houses can be established, from which more exact knowledge of the wants of the customer can be gained, and which will


act as agents between the consumer and the distant are famiHar with the practice in the producer. United States. Many American branches are to be


found in Europe and the West Indies.



for establishing these connections with China should be given our merchants. It is argued that the Philip-

pines furnish such facilities, and that they can serve as a trading base for China. Let us examine this



but 600 miles from

Hong Kong,




the direct line from the United States to Asia.


short line from North

America to Asia is direct to the Sandwich Islands, thence to Yokohama, and from there to China. But to go from Japan to China by way of the Philippines is the same as to go from New York to Liverpool by way of Havana. It is more than a thousand miles out of the way to go to Hong Kong by way of Manila. It would be a heavy expense for steamers to add this extra


to the

which they





Again, the commercial agency must be near the market in which it is to operate. But a branch house in Manila for the China trade is in the wrong place. It must operate at long range by telegraph or mail service, and the American manufacturer in the United States could carry on his China business from his own office with as much facility as through a Manila agent. Evidently Manila is a poor trading base. If we wish to trade with China, let us by all means trade with China directly, and not from a post distant from six to fifteen hundred miles from the principal Chinese ports. Let us establish our China agencies where they will do the most good, in Hong Kong and Shanghai, in China itself. Twenty-three ports in China are open to our Here Americans can establish, and do merchants. establish, as many agents as they desire, free from
restriction, with all their rights guaranteed.
If any combination of powers desires to shut those ports, they must meet another combination, the combined sea power of the United States and the British Em-


Consider for a

moment an analogous
relation to



Canary same geographical

Islands, off the coast of Africa, bear almost


that the

Philippines bear to Asia. If the Philippines can serve as a trading base for China, it would have been expedient to acquire the Canaries as a base for the European trade, which is of incomparably greater extent

and promise. But what answer would an American merchant make to a proposition that he establish



a branch in the Canaries for trade with Liverpool? He would say that he was a sensible man, and preferred
to put his

agency where


would do more good,


Liverpool The trading-base argument therefore falls to the ground, and carries with it all the alleged commercial advantages of annexation. The commercial opporThe United tunities in the East are of small extent.
States will have great difficulty in taking advantage of them, and annexation of the Philippine Islands will not assist her. Since eastern expansion, then, would

cause great

centralization, dangers of
fied neither

—military and naval burdens, international complications, war, — and since eastern expansion





nor commercial advantage,

we conclude

Eastern Hemisphere United States.

that the acquisition of territory in the is opposed to the interests of the

(Speech delivered by Mr. Joseph Parker Warren, of Harvard University, in the Harvard-Princeton Debate of March, 1896. Harvard had the negative of the subject: " Resolved, That Congress should take immediate steps
towards the retirement of

the legal-tender notes.")

colleague pointed out that we of the negative: stand for the maintenance of a limited volume of goV' ernment notes always convertible into gold; and he



sanction of the highest and can point to the daily experience of authorities, three of the soundest financial systems in the world, those of England, Germany, and Canada. Then he

we have



that the gentlemen on the affirmative propose an indiscriminate treatment for our financial ills thai does not square with the symptoms. He showed that,


with the exception of silver inflation, the only trouble is the unfortunate connection between the revenue and
issue departments of the Treasury, the vicious feature of which is the mandatory provision for the reissue
of the


legal tender notes.

This mandatory

provision makes the redeemed notes part of the general cash of the Treasury; and by their reissue they prevent the automatic contraction of the currency that

would take place


they were only held.

So they keep

going the endless chain that has carried
of the gold reserve.
off so




facts point

unmistakably to the simple change

necessary to make the retention of a limited quantity of convertible government notes not only


This reform is, but positively advantageous. to estabHsh an adequate gold reserve; secondly, to separate the revenue department from the issue

department; and, lastly and most important, to withhold the redeemed legal tenders from reissue except

exchange for gold. These changes were recommended by the Secretary of the Treasury in 1880, by Hon. Thomas B. Reed in February, 1895, and by Senator Sherman in his speech of January 3d of the present year. The establishment of a separate issue department is simply an adaptation These reof the English system to our conditions. forms will restore the convertible legal tenders permanently to the conditions that they enjoyed by accident between 1879 and 1890. During that time, when the existence of a surplus in the revenue rendered the reissue of redeemed notes unnecessary, the convertible legal tenders were admittedly the best money we have ever had. Furthermore, as soon as the simple changes I have
indicated are carried out, the convertible legal tenders

in all their workings exactly like specie, that they are much more convenient. In fact, except They serve they are very much like specie now. with gold in bank reserves. They pass with along


In the the banks and money-changers of Europe. panic of 1893, they actually went to a premium and

as soon as the redundancy is reof legal tenders into the Treasury will stop. affirmative. and will obey the laws of specie in every particular. It is not in this foun- dation for business that we expect elasticity. Very true. the flow of gold out of the country. moved. and. But suppose the currency consisted entirely of specie: what would be the natural remedy for redundancy? culation. circulation and in bank reserves. we see that the arguments against them are deprived of their effect. the flow Another objection. only first there will be a movement of legal tenders into the redemption department of the Treaswill This gold ury. but in the superstructure of bank notes and bank credit built . releasing an equal amount of gold. causing a PreClearly. For arbitrary sum instance. When the redeemed notes are held and reissued only in exchange for* APPENDIX. But here again we must look at convertible legal tenders as if they were They take the place of just so much gold in specie. the convertible legal tenders will become precisely like spe<:ie. were hoarded like gold. urged by the first speaker on the was that a legal-tender currency is inelastic. as a bank-note currency should do. our opponents have said that an of government notes is now held in cir- redundancy in the currency. that it does not respond to expansions and contractions of business. go abroad. the same thing will happen when the currency cisely consists partly of gold and partly of convertible legal tenders. As soon as we grasp clearly the idea that the convertible legal tenders act just like specie. it does not.

the banks m protecting their own reserves will also protect the government reserve. manent currency. they that is. Upon it. But the argument which the last speaker urged as a decisive objection to convertible government notes (i that the government has no power to protect its reserve against exporters of gold by raising the rate of discount. are freely paid out. being in the business of lending •money. can always use this device to protect their renerves. and so he urges that all paper money be issued by the banks. and are their reserves become . Now of course of discount. like is on the affirmative expect bank notes when they are reIt deemed and bank checks when they are cashed? just as unreasonable to expect such behavior convertible government notes. but the government does not use the rate I shall show that when the simple changes we propose have been introduced. we bank system. and have no motive for raising the rate of discount. increasing the charge for loans. Their tendency is just the opposite.ARGUMENTS. which must be reformed in any event. which form over half of the money in bank reserves. they are not mercantile credit It is true that . They are not from bank notes . The banks. When there is too much money in circulation it flows into the banks. — excessive. Why do they not protect the government reserve now? Because of the redundancy. our money system but that is they are perlack flexibility in the fault of the national . They try to lend all they can at as cheap rates as bring any profit. «33 Do the gentlemen specie to vanish. The result is that legal tenders. before we can have an elastic currency.

which we propose to remove the Treasury pays them out — — again. So they find their way back to the banks. Furthermore. and the very motive for a drain on the Treasury will be done away. in protecting their own ders. the banks. So the rate of discount must go up. and not exporting specie. used by gold exporters to deplete the Treasury. if these changes are but made. all over the country. and when the rate of discount goes up it will protect that part of the bank reserve that consists of legal tenders just as surely as that part which consists gone. is place. In *other words. thereby preventing the export of gold from reducing the redundancy. gold will flow our way. the notes redeemed at This will will be held and not reissued. We have shown that.234 APPENDIX. They are doing business as usual. and then this is the great vice in the present system. first When if the banks would continue sound. reserves. — . the whole train of results from a rise in the price of gold will be set in motion. exports will be stimulated. and are used over and over to repeat the will the Now. the level of prices will fall. will hold back the convertible legal tenwhich are the only means of depleting the gov- ernment's reserve. when the rate of discount has gone up. depletion. the bank reserves will soon come lawful minimum which must be kept up the redundancy down to the of gold. in the pockets of The rest of the legal tenders are Jones and Smith. what changes troduce? necessary reform in- In the the Treasury soon carry off the redundancy. Now what have we accomplished so far in this debate? We have argued for certain simple changes.

. They cannot deny that from 1879 to 1890 the legal tenders were the best money the people ever hand. They cannot deny that simple changes would restore them to that position. They cannot ignore the examples of England. ihey meet and overthrow these arguments. the convertible legal tenders will like specie. They cannot deny that the banks would guard the government reserves as Unless '. all 235 What reasons have become in all respects we heard for sweeping : away? Our opponents have said much can they disagainst badly managed legal tenders the notes credit convertible legal tenders in themselves ? On the contrary. I claim that rheir case for the retirement of the notes cannot be made out. they cannot refute the reasoning of Ricardo.ARGUMENTS. and make them everywhere as good as gold. and Canada.zealously as their own financial soundness. Germany.

" said the citizen. (A speech delivered in a debate between the Harvard Union and the Trinity Club of Boston. and himself demanded of the in- truder that he either stop his advance or show his " " this h But. iif " successful in this adventure to-day." said the thief. and blood may be spilled between us. who " are in fact brothers. speaking the same language ? 236 good as " ." But." urged " the thief further.THE VENEZUELAN MESSAGE. he sum- On moned assistance.") A PEACEABLE d'tizen once saw a man apparently observing breaking into his neighbor's house." " that if you persist in this outcry you may stir up violence. on the affirmative of the question: "Resolved. then." said the citizen." replied the citizein." asked the thief finally. February. right to the entrance. sibility." Very true." will not justify the injustice are " of your " to Who you? said the thief. interfere with the actions of another as you? "I am my neighbor's neighbor. That we endorse President Qeveland's message relating to the Venezuelan boundary. this man owes me some money." " " It may be so. that the premises were sufficiently guarded. but the justice of " your claim " method. but you might break into my house to-morrow. " not your house. 1896. "and the security of this highway is a part of my respon" Do you not know.

No two of illustration really illustrates jx)ints. There might be some doubt about this. that what is the interest of one to-day may be that of another to-morrow. so thin as to save itself at the expense of my duty. and bloodshed was averted by the officers of justice. they are at stake in every instance coming under that principle. it is said. that our government has acted the part of a strong — friend to a weaker republic. We are not content. but we are content to rest the question on that basis. no matter how insignificant the premises entered nor how respectable the robber. individuals. however. the patrol wagon appeared. every burglary is contrary to the public weal. It is intended. in this year of our Lord 1896. if burglary in the state is contrary to the public weal. however." I " But before the dialogue proceeded further. First. ^in other words. that if justice and public interest reside in a given law or principle. Second. but governments exist solely for the promotion of the interests of their own people. It will be seen that I am chiefly directing myself against the claim that the Venezuelan boundary is not a matter which legitimately concerns the United It is claimed that it is not enough to show States. to have it demanded that we must show that the actual territory under . that there are wider interests than those of a given moment." said the citizen. to illustrate three things.ARGUMENTS. may be bound by some ties of solidarity to their neighbors. and I more than one or want every one saved the trouble showing that this little fable is not a complete allegory of the Venezuelan dispute. ** ni that my blcxxi is not yet krtow. Third.

and that it also has a near proposed site of the interoceanic canal. the . it does not matter whether it is the mouth of the Orinoco or a puddle on the Patagonian coast that is the object of the imperial grab. we might recall that the disputed territory includes the mouth of the Orinoco River.«3^ APPENDIX. and has declined to submit the whole question. ciples. that advantage should be taken of points weak in selfdefence for the territorial aggrandizement of those powers. I cannot see how any thoughtful man can object to this statement of the large interests of the United States as the power chiefly concerned in the Western Hemisphere. as it stands between the strong and the weak. compared with the larger interests at stake. And if these are our large interests. Even if this were a just demand. she has proposed to enforce her claim against a weak American republic. But all this seems so trivial. The present case comes directly under these prin- England has demanded certain territory on American continent. a point of no little commercial and strategic importance whole hemisphere. or that questions of dispute between American and European powers should be settled by the assertion of authority and physical force. that we do not feel that our time for the relation to the should be spent upon it. to impartial arbitration. The is larger principles may be briefly stated thus: it contrary to the interests of the United States that the territory of either American continent should be subject to the imperial advances of European powers. dispute in Venezuela is directly connected with the material interests of the United States.

such a case the British government would have been shown to have uselessly maintained a proper claim by improper methods. we can not assume that England is in the the merits of the dispute. and it is the object of the President's message to find them out. and by so doing increases its colony nineto be admitted that fold without addition by war. how can we assume that England is doing more than maintaining a just boundary claim? y — We reply. and he has not claimed to settle the original question on any evidence whatever. bordering a lesser. it is : when a greater power. If the proposed Commission should sustain the claims of England. Qeveland has made no attempt to declare war. as though this encroachment were the beginning of a general attack on the Western Hemisphere. I do not know In that any one should be better pleased than he. So far as the boundary matter is concerned. Much breath has been wasted wrong on on the ground that Mr. the merits are in doubt. our government would simply have insisted that the whole truth should be known. Let ^39 it not be understood that we raise any frantic cry warning against Great Britain. But. It is quite unHkely that any wider purpose is in the minds of British officials than the peaceable occupation of a convenient and commanding piece of territory. There are but two difficulties with that Mr. purchase. extends its boundary four times in upon eighty years.ARGUMENTS. it is said. peaceable be it understood. Cleveland has declared war on a question which he had decided with insufficient evidence. or treaty—sim- . only because of the superior strength of the aggressor. under color of a boundary of dispute.

I say. we have a right to know it. Both have just as much value as we wish to give them and are able to maintain. when it is known to have a keen appetite for western territory. What to may be historically in- teresting. This seems the place to refer to the late lamented Doctrine. and when the lesser power submits its claim to the judgment of the world. Nor does upon the President's message depend for this doctrine . like a movable fence. We standing in international law. The Holy . having been subjected to the scrutiny of some. was its declaration that the United an interest in the condition of American terand would maintain that interest. but the greater in such a case. any more than the Declaration of Independence.along the boundary. I cannot feel that the detailed discussion of this Doctrine is of value admit that it has no for OUT present purpose. The signifi- cant thing about States had ritory. ply by pushing. the Monroe Doctrine is largely a traditional name for our principle of national leader- ship President among the republics Monroe applied is it it of this hemisphere. its own judgment alone. the dignity of Venezuela herself is but little more attacked than ours.240 APPENDIX. which on yesterday we supposed to be one of our national pillars. is dis- Monroe covered to be a mere apparition. vindication the issue for we have shown that be decided upon our present interests may alone. but which to-day. if they are unjust. an impartial observer is not unwarranted in suspecting to — that something more or less than abstract justice is at If the bottom of the claims of the stronger power. those claims are just. but not of great importance. The fact is.

. in the face of which it was first enunciated. but that even our friendly relations with Great Britain are not so important as self-respect and justice. and transmuted it I startling import ingenious manner into headlines of and ever since we have been hearing martial music from Kentucky and other belligerent districts. serious differences might result. since no consideration of our own rights could compare with the evil of having to fight for them. — cannot close without a reference to the loud talk of war which has been strangely aroused by this message of the President. yet if Great Britain should object we would of course submit. and that no serious consequences could possibly occur. and on the other hand the protests of the after their — . are not in the habit. but American rights on significant principle can territory ^is alive to-day if never before. the original occasion of the Doctrine cannot recur. if England is as much in earnest as we. he is not ignorant that. At its appearance the newspapers seized upon a single phrase. — — Ameri. however. 241 Alliance. is gone forever. although he bdieved the American people support his position. of electing Presidents less We who talk in that way. . What did the President say in his closing paragraph? That if his position on the matter of the Venezuelan dispute is correct.ARGUMENTS. Doubthe should have said that. of the the closing paragraphs message depend for their defensibility upon all . we should be ready to stand by it to the limit of our abilities. efforts to plant new colonies on American its soil are as obsolete as slavery or piracy. that lovers of peace. To speak more seriously.

our government demands the method for which all that is best in modern civilization stands. he has brought that doctrine to the support of the rights of the weak and of our own interests. emphasis. we should not consider that peace is to be secured by retraction. and we will stand — by him. . Cleveland's message represents him — — as the firmest friend for peace.a4a that precedes. we should its it is any prospect of tional peace. he has taken a signal stand for the only just and peaceable method of adjudging international disputes. If APPEhlDlX. As a matter of and on this I want to lay the greatest possible fact. If becoming a disturber right. The President can say in all seriousness that he loves peace so well that he is willing to fight for it. while of internaall we should deplore any interruption of peace. He has re-announced the leadership of the United States in the American continents. England has sought to avoid either. What modern enemy of war but Arbitration? is the great Between the two methods choice must constantly be made. the general position of our governnaturally be disturbed at ment is wrong. Mr.

A sufficient part is 243 . The lessees further covenanted to mine at privilege of in least • 25. BRIEF OF A LEGAL ARGUMENT. 31.000 tons of coal a year until Dec. The Delaware Coal Co. in the case of Phoebe W. and The Philadelphia & Reading Coal and Iron Co. An Wharton Pepper. 12. Analysis of the Lease. abstract of a brief used by courtesy of Mr..) OUTLINE OF FACTS. granted to the defendants the exclusive right and mining anthracite coal from all the veins and under certain tracts of land. as rent for the same. BRIEFS. There was a covenant by the lessee to pay 20 cents per ton for all coal mined from the tract. 1876. The lease of Dec. In the Court of Common Pleas No. 1878. 4 for the County of Philadelphia. Hoffman (Plaintiff) vs.* (Outline of the Brief of Argument for Plaintiff. In this case suit was brought to secure the payment of a royalty on coal mined from a certain tract of land.II. (Defendants). George given to indicate the analysis of the case and the structure of the argument. which had been leased with the provision that the rent should take the form of such royalty.

000 tons per year. The Defendants' Breach. and after that date to mine at least 50. The Plaintiff's Propositions. and. which they will maintain by principle and precedent I. that it became impracticable and impossible to mine therefrom the minimum annual tonnage. paying rent until such time as it sees fit to resume? & Reading Coal and Iron Co. and in the seven years thus elapsing they mined 58. The Defendants' Answer. " All the available coal was mined out. The covenant to mine 50. were accidents and occurrences wholly beyond their control. the defendants are driven to the contention that their suspension was due " to accidents and occurrences beyond their control. the defendants aver.900 tons of coal about one-fourteenth of the minimum quantity covenanted for. which excused j>erformance of the covenant." These.000 : . Then they stopped work. The evidence shows that it was at all times and is now physically possible to mine 50. to cease pend operations. — The question delphia in this case therefore is : Has the Phila- the right to susin violation of its covenant. unless prevented as above. The plaintiffs accordingly advance the following propositions. unless prevented from doing so by accidents or occurrences beyond their control.244 yIPPENDIX.000 tons a year being absolute. The Reading Company conducted limited operations in the shafts until the end of 1884." Their answer alleges that faults were encountered in mining which entailed so great an expense in obtaining the small amount of merchantable coal contained in the veins.

Lord Romilly delivered an opinion decreeing . the evidence shows that it was and is now. The possibility of mining the minimum quantity being established. The possibility of mining the tity of CO51I minimum quan- has A. «45 tract. should the bargain prove advantageous.) C. in his work on contracts. "imprac- ticability no defence. Been proved by testimony of plaintiff's witnesses. all at times. so he should bear the loss if his expectations are dis- appointed by the event. The profit workable to no defence to an action for rent. it is no defence to this suit to allege that it is impracticable or unprofitable to mine that amount. (Testimony cited. fact that a " is A. I. where a leased colliery turned out to be worthless. The " possibility is being estabHshed. Moreover. tons of coal annually from the Delaware II. within the meaning of the lease. observes that as the tenant under a lease is mine not " "will reap the benefit. Been proved by admissions of defendants' witnesses." In Haywood vs.) B. IV. practicable to mine that amount. (Testimony cited. Judge Hare.BRIEFS. and that the coal can be obtained profitably and advantageously. II. Faults in veins and a disturbed condition " " of strata are not accidents and occurrences III. Cope. Not been denied in the defendants' answer.

//. where a lease reserved a royalty rent. pointing out that " is always." reference to this circum- To B. Bam^ ford vs. upon the assumption that enough coal to yield 50. it was held that the effect of the lease was to make the sum payable.246 APPBNDIX. is When same rent reserved by way of royalty. hut not otherwise. Jervis vs. The same is the rule in equity. in spite of the fact that the mine was exhausted. and it is well degree. made with stance. the principles apply. but only a royalty rent with a covenant to mine a certain minimum amount. inasmuch as no fixed rent is reserved. Ontario Iron Co. Ridgway Sneyd. Specific performance. . that under amount of coal does not exist..000 tons per annum exists the tract. Thompson. Lehigh Zinc Co. The case in hand differs from Marquis of Bute vs.. a speculation known that leases and sales are always . The result is that the parties will be taken to have contracted vs. Tomkinson. . In GUmore vs. Thompson. therefore. the court held that the defendant was bound to . the lessee is excused from paying the rent. Christie. In The Marquis of Bute vs. the House same efifect is the decision of the of Lords in Gowan vs. McDowell vs. Hendrix. in some the lease of a mine .

" the court held that the plea was incapable of yielding. it has become unprofit- ticable to The evidence shows that it was and is pracmine the minimum amount.000 tons a year and to pay a fixed royalty. in chief." it was said.) B. izes a suspension or abandonment of mining because able. Tucker. C. . there is nothing " in this which authorinstrument. coal can be obtained profitably This shown by A. The tiff's defendants* cross-examination of plainwitnesses. where a lease contained an undertaking on the part of the lessee to mine at least 30. The plaintifif's evidence is (Testimony cited. (Testimony It will be borne in mind. second." III. sufficient coal to pay for working said mines. a . and where the plea alleged that the mines became " when worked in good and workmanlike manner. and that the and advantageously.BRIEFS. and fourth propositions. .) The cited.) defendants' evidence. the plaintiff is entitled to a decree upon the basis of the first. In Walker vs. (Testimony cited. however. 247 pay the minimum royalty as long as there was the corresponding quantity of ore in the land. . for strictly. insufficient ** . that in discussing this subject we are doing so much in excess of our strict duty.

. unavoidable accident. so that they could only be mined at a loss. Faults in veins and a disturbed condition of " " the strata are not accidents and occurrences within the meaning of the lease. head winds were held not to fall within an exception of this kind. Packet Co. IV. " . Lord Romilly has already been cited to the effect that a mine is always in some leases degree a speculation." In Morris vs. " It is well settled that such a term as act of God." or inevitable. and that and sales are always made with reference to this circumstance. The truth of this proposition is admitted by the defendants' principal witness. yet Lord Mansfield held that the lessee was bound by his covenant on the ground that unavoidable meant physically unavoidable. Smith the meaning of the ** term accident beyond control " was determined once for all. Mines were unexpectedly flooded. " " In Oakley vs. does not extend to ordinary risks.248 APPENDIX.

BRIEF OF MACAULAY'S SPEECH ON COPYRIGHT. Property is it Even if is a natural right. III. is but it is a duty to It must first of natural right." pp. the only point at issue is. I. II. It is painful to take a course which may be thought unfriendly to literature. oppose the pending bill. the creature of law.) INTRODUCTION. it cannot sur- vive the original proprietor. The speech may be found in Baker's " Specimens of Argu- February mentation. modes of succession which are provided for by IV. (This speech was delivered in the House of Commons. Since the existing law. in opposition to a bill extending the term of copyright to sixty years from the death of the writer. 1841. This is shown by the various law. gives an author copyright during his natural life. or one of expediency the House is free to legislate. It is purely a one be decided whether the question on which matter of expediency. how long after his death the state shall recognize a copyright for his heirs. then. 349 . S. 181-203.

. and all the old unpopular monopolies should be revived. Copyright has.) n. since Works of great merit can be expected only from persons who make literature the business of their lives. since is way of They can be remunerated only by patronage or copyright. nevertheless. there would be no need to limit the period of monopoly. For copyright has We essential advantages. marked disadvantages. Monopoly always makes (The claim that the real effect is to make things cheap is absurd. and things dear. for If this were so. ARGUMENT. and Patronage as a system is fatal to the integrity and independence of literary men. I. It is monopoly. The proposed law is further from the point of just compromise between advantages and disadvantages than the existing law.2SO /tPPENDIX. And the least objectionable copyright remunerating them. The system of copyright should be an arrangement such as to effect a compromise between the advantages and the disadvantages of such a law. cannot have a supply of good books unless men of letters are liberally remunerated. there would be no compromise between principle and expediency.

For it is highly improbable that a copyright will descend for many years from parent it. really the hands of a modern plea made for the claim of the descendants of great writers is not valid. cited by . multiplies the tax on readers without additional bounty to authors. In case of sale the family would not be paid in proportion to the term of copyright. the other side. the proposed law would probably . Johnson's copyright in The proposed law The bookseller). for Distant advantages affect men but faintly (Example of Dr. 951 to The its evil effects of monopoly are proportioned duration. for They continue ers. is quite in point for when she was in need. The Literary fashions change so rapidly that no one can predict future sales. indefinitely to affect purchas- But the advantages of a posthumous monopoly are not so proportioned.BRIEFS. to child. Moreover. since Distant advantages have slight present value. case of Milton's granddaughter. Milton's copyright had al- ready passed into the hands of a bookseller. No one proposes to entail It will in all probability be sold by heirs to booksellers.

would lead the inheritors of copyright to withhold books they might not approve which (Examples from the works of Rich- ardson. Conscientious scruples. or bigotry. Wesley). All copyright would become unpopular. . lead to the suppression or mutilation of many valuable works. and this would lose its disreputable character through popular approval.«5» APPENDIX. CONCLUSION. As the bill cannot be satisfactorily amended. family pride. through the lack of discrimination between just and unjust forms. Boswell. let it be laid aside. The effects of the proposed law would altogether be so evil that they would be evaded by piracy.

but lation of the material of the first speech P. and the J. II. Germany. a safe and conis venient policy. Canada. NEGATIVE. 230-235.) Congress should take immediate steps towards the retirement of all the legal tender notes. is merely a recapitu- on the negative. and is suggested by the example of three of the soundest financial systems of the world England. They are due chiefiy to the mandatory provision for the reissue of redeemed legal tenders. (Brief of the speech of Mr. Elxisting evils in our present system can be met in other ways than by the retirement of the legal tenders. under proper conditions. Warren. reproduced on argument is supposed to be the preceding speakers. pp. I. In this case the attached directly to those of first main heading is not developed. Such a policy approved by good economic : authority. 253 . The maintenance of a ble into limited number of notes converti- gold is.BRIEF ON THE RETIREMENT OF THE GREENBACKS.

bank reserves of 1893. b) separating the revenue ments of the Treasury. . When pear. Reed. the only existing difference will disap- IV. the objections made against them lose their effect. and by Senator Sher man. When The objection that they cause redundancy in the is currency met . for Just as redundancy of specie is relieved by the export of gold. will be relieved by the export of an equal amount .«54 APPENDIX. when the existence of a surplus in the revenue rendered the reissue of redeemed notes unnecessary. so redundancy of legal tenders. they are reissued only in exchange for gold. They are already very like specie serve in : They They pass with European bankers They went to a premium in the panic . did not exist. These changes have been recommended by the Secretary of the Treasury. by Hon. the Treasury. They can be removed by a) establishing an adequate gold reserve. HI. With these changes accomplished. Thomas B. it is admitted. c) and issue depart' the holding redeemed legal tenders in Treasury. will legal tenders be exactly like specie. when these have been redeemed at of gold. except in exchange for gold. between 1879 They and 1890. legal tenders are seen to act Hke specie.

CONCLUSION. The remedy is not to do away with legal tenders. When At serves will the redundancy disappears. 255 The objection to the inelasticity of legal tender is currency specie. only because of the by maintaining redundancy. which. legal tenders cannot be expected The absolutely to disappear. no more applicable to it than to Like specie. gold will be reimported. ignores the fact that the banks. will protect that of the government. in protecting their own reserve. but to institute the proposed reforms. Objections raised against legal tenders are only to badly managed legal tenders. bank refall to the lawful minimum. inelasticity of the currency is to the lack of flexibility in due simply our general The monetary system.BRIEFS. by raising the They do not do so now system of reissue. and the rate of discount will be raised. takes away from the banks any motive for raising the rate of discount. the same time prices will fall. objection that the government has no power to protect its reserve against the export of gold rate of discount. and the motive for draining the Treasury will disappear. . by which legal tenders will become precisely like specie.

our own experience in 1879-1890.25^ APPENDIX. the experience of other countries. all indicate that under right conditions legal tenders are money of the first order. . The doctrines of economists.

Period between the war and the crisis of 1873 one 1. B. of business revival. b) Telegraph c) . Ante-bellum period characterized by 1.* Question: Resolved. M.BRIEF ON THE RESTRICTION OF TRUSTS. 2.— R. Class of 1900. A II. culminating in the *The work of Mr. characterized by crisis of Enormous 1873. in a) Railroads. I. to use of it. increase in production. Coal mining. trust is a combination of business interests to control or regulate the production or distribution of articles of commerce. of I the whom am University of indebted for the 257 . Combination of capital rare but existing . A. That the formation of trusts should be opposed by legislation. The recent history of combination. INTRODUCTION. A. Overproduction. 2. Stanley Pennsylvania. Free and unlimited competition generally. Folz.

) 2. . b) Crisis of 1893. III. 16. 1889 to date. is apparently supplanting competi- . 1890.. Senate. '88. authorized Jan. ized changed for stock. a) Formation of trusts. 1. N. B. 200. Period between crisis of 873-1 877 and the pres- ent time. in Sugar Trust case. Restricted combination. 25. number of combinations: end of 1898. 1 C. House of Rep.258 APPENDIX. characterized by a) Alteration of trust form. because A. etc. '88. etc.. (Canadian House of Commons. Unrestricted combination to 1889. central board certificates extrustees of abolished. 29. S. in consequence of Anti-Trust laws of 1889." in which stock was surrendered to a central board of trustees. *' b) Investigations of Trusts by U. who in turn issued certificates and collected and distributed dividends. 1899. '88. Trie trust question commands attention. Feb. Combination tion. Judicial decisions. and new trusts organby purchase of old concerns. 353. authorized Feb. Y. by by end of Feb. one of combination. Enormous capital is already invested in combic) Increase in nations.

a) Industrial evils plants were multiplied during periods of prosperity without reference to the demand.. 259 The formation of legislation. whiskey distilleries. and von Halle on Trusts. 1. A. due to the ability of strong concerns low to undersell weak ones. Overproduction. 2. resulting from overproduction and the cheapening of products. against the By combination evils just it is designed to avoid the enumerated. Improved methods of production are used- . 61. Combination of industry and capital is an economic : development. I. Capital combined to protect evils of free competition.) itself B. testimony of Spreckels and Havemeyer before Senate Committee. 3. (Cf.BRIEFS. b) Capacity of old plants similar fashion. It cheapens production. e. Combination of capital is productive of good. Annihilation of weaker competitors by the stronger. trusts should not he opposed by ARGUMENT. Great economy is possible in the purchase and use of raw materials. I. was increased in a Periodical depression of business. 62. A. Free competition led to certain 1. II. 2. caused by prices. pp.g.

300 by-products. 1.g.. . D. Thus 68 out of 80 distilleries in the Trust for a time supplied the entire market. Overproduction is prevented. c) by one plant 3. Standard Oil Trust manufactures over 5.000 annually by barrels 4. The market is supplied from the nearest plant.. Trusts manufacture casing and packing. for a) Advertising does not so much increase the total volume of business as it shifts it from It It B. made for keeping the supply equal to the demand. prevents unnecessary advertising. By-products are utilized. Experimental stations are maintained. It regulates the I.. It I.g. C.«»o a) APPENDIX. reduces the number of traveling salesmen. . It facilitates distribution. e. where methods are being constantly sought e. prevents unnecessary duplication. in one plant is inures to the benefit of b) Patented machinery owned extended to the use of all. 2. It lessens waste.g. one concern to another. 3. making its own and tin-cans. Whiskey Trust and Cotton Oil Trust. Standard Oil Trust saves upwards of better . and material used in process of production e. supply according to the demand. An improved system used all.000. Trusts produce in bulk. $6. thus reducing cost of production per unit of capital. Provision is a.

y 1889. " capital and labor continuously and keeping remuneratively employed by preserving our home market and reaching out for a place to dispose of our surplus. breakdown or E.000." (See E.000 (testimony of T. The producing capacity of our manufactures is $150. reasons urged for the opposing of trusts by legislation are insufficient. Thurber before U. and failed. 2. in 1888. Bemis on The Trust Problem. 361 Thus the Sugar Trust has built a refinery to serve as a safeguard in case of of increased demand. The claim that trusts maintain excessive prices The maintenance lead of itself of excessive prices would to the destruction of the trust or the reduction of prices. 508. b) Underconsumption leads to the trust. III. I. W.000. Dec.) 1. was unable to obtain a market. p. Trusts are enlarging our foreign commerce. The A. B. a) To keep prices at a level higher than the market will bear leads to underconsumpand tion . (Quarterly Jour' nal of Econ. It secures the necessary outlet for our vast pro- ducing capacity. S.000.BRIEFS. is insufficient. 1899.) . while our consuming power is but $75. Industrial Commission). having raised the price of copper from 40 to 80 pounds. Forum. fall of the Thus the French Copper Trust.

x) No surplus accumulated during the period of depression after 1893.. Raw high owing to the init. 74 f. In 1894. creased c. When manufacturers in Engcombined and raised prices. pp. Present high prices in many industries can be otherwise accounted for. (See AnNorth Amer. c) Excessive profits attract capital into the industry concerned. thus leading to comthe facpetition and a decline in prices. demand for High prices immediately after the formation of a trust are often merely the return . material is b. a. it was found that the Standard Oil Company could not guarantee the absolute control of the American market. — tor known as " potential competition.262 APPENDIX.) 2. American manufacturers for the first steel rail land time sold 148: 141. with which to supply the demand that followed the revival of business. (See von Halle on Trusts." ThusCapital has formed several companies as rivals to the Sugar Trust. Rev.) rails in drew Carnegie in Canada. owing to the standing of the Columbia Oil Company. Supply cannot meet the demand. when the Standard and Russian Oil Companies met to divide the world between them.

The Tin Plate Trust pays increased prices for tin and steel. In ordinary competition the largest purchaser obtains the best rates.g. Competition between trusts e. . C. the producer suffers no hardship. Where trusts do purchase the raw material more cheaply than before combination. 263 to a fair level. throat competition. It is owing not the tendency of . Trusts raise the level of competition. The 1. 3. the margin of profits having been wholly or nearly wiped out before B. The Cotton p. Though the percentage of profits is smaller. a. all trusts to reduce the price of raw materials e.. Sugar wars between the Trust. combination occurred. claim that trusts as such reduce the price of raw materials is insuflRcient. The ability to lowest possible prices nations. is possible. claim that the trust prevents the old form of competition is insufficient. 71. a. and Doescher.BRIEFS.) Oil Trust pays increased prices for cotton seed. the net profits are larger. (See von Halle on Trusts. The trusts are the result of reckless and cut- 2..g. purchase raw material at the is not confined to combi- 2. The 1. to the great bulk of the purchases. Arbuckle. a.

insufficient.) D. a trust the small producer becomes a manager. as noted above. 1.) 2. Organized labor nation of capital. Labor was never before in such great demand. Under a.g. above. (See I.2^4 APPENDIX. a. products. like that between machine- 3. Competition between combinations is on a high level. is A trust often formed to prevent the crush- ing of the small producer e. By analogous reasoning steam and machinery should never have been permitted to compete with hand labor. The trust is economically superior to the small producer. (See II.. (See report of Factory Inspector of Pennsylvania for 1899. is not opp>osed to the combi- . the Whiskey Trust. 2. Standard and Columbia Oil Companies. in which it is said that in Pennsylvania alone 181. made 4. is Free and unrestricted competition an evil. by competition . Trusts endeavor to include all producers or manufacturers in their own line of business. is insufficient.) E. above. The claim that trusts are oppressive to labor is 3. The claim that trusts crush the middle class of producers 1.000 more factory hands are employed than in the preceding year.

A trust could not then undersell a competitor in one locality. Increased care in the imposition of high import duties would be such a remedy. associated railroad action would be such a remedy. and of responsibility on the part of directors.BRIEFS. t. . I. on D. agement. (See testimony before the Industrial Commission of President Gompers of the Fed- eration of Labor.) IV. C. The prohibition of discrimination in prices would be such a remedy. A trust could not then force it one railroad to give advantageous rates of transportation. the threat of withdrawing its trade. Directors could be held liable for losses. It secures steady wages from trusts. It 265 can make long-term agreements with trusts. b. of 2. would be such a remedy. Foreign competition would then remove the possibility of the maintenance of excessive prices by a few trusts. while reimbursing itself for losses thus sustained by raising prices elsewhere. The requirement of increased publicity in man- 1. I. A. The permitting I. B. The public would then know the true worth of a plant. The defects of the trust system can be remedied by legislation corrective rather than prohibitive.

CONCLUSION. They are capable of working much benefit for the community. The institution should therefore be preserved. II. not pro- . its defects being remedied hibitive. I. III.966 APPENDIX. Trusts are a natural economic growth. legislation. by corrective.

1. The United States army should be permanently enlarged. The policy of excluding the Chinese from ritory over which the United States may exercise jurisdiction. 9. United States Senators should be elected by di- rect vote of the people. The United States should reaffirm and maintain the doctrine that governments derive their just powers from the consent of the governed.III. should be rigidly maintained. 5. The President should be elected by the direct vote of the people of the United States. PROPOSITIONS FOR DEBATE POLITICAL. all ter3. " " 10. Ex-Presidents of the United States should have 4. introduced 7. Southern States are jusmeasures to insure theif peaceable taking poHtical supremacy. The legislative referendum should be by our State governments. 2. The white citizens of the all tified in seats for 6. 8. The Record system of nomination should 267 . life in the Senate. The members of the President's cabinet should be members of the House of Representatives.

15. is de- serving of condemnation. The President of the United States should be elected for a term of six years. election. 11. be adopted by our State and municipal governments. The United States government is its au- unsuited to the administration of colonial dependencies. 18. are justified in and similar agiforming new parties for the pro- motion of reforms. nation advanced in civilization is justified. 16. as carried on since its establishment. and be ineligible to re14. 23. in A the interests of humanity at large. in enforcing thority upon an inferior people. as a means of securing reform. The States should limit the right of suffrage to persons who can read and write. National party lines should be discarded in municipal elections. Women who pay taxes should have the right to vote at municipal elections. Populists. tators. The present powers of the Speaker of the House of Representatives are dangerously great. Compulsory voting should be introduced by the various State governments. Proportional representation should be introduced by our State governments. 17. 22. Municipal offices should be largely appointive. The Prohibitionists. 19. 13. 24. . 12. 20. 21. The Indian Agency system of the Federal government. Independent political action is preferable to party loyalty.a6« APPENDIX. The United States should institute a system of responsible cabinet government.

Britain. common would be expedient. 35. 33. 28. instead States. treaty signed at The Hague gives promise of practical promotion of international peace.PROPOSITIONS FOR DEBATE as in 269 Germany. . 27. to minimum strength necessary for the maintenance of domestic police. United States and advancement justifiable. The membership House of Rep- resentatives should be considerably reduced in size. ECONOMIC. A and Great of their 30. formal alliance between the 29. England should retain control of Egypt. The United States government is justified in continuing the practice of choosing untrained private citizens for the diplomatic and consular service. England's aggressions in Africa are 31. for the protection interests. Any further centralization of power in the Federal government of the United States should be op- posed by all citizens. The United bounties and States should maintain a system of subsidies for the protection of the Ameri- can merchant marine. 34. 32. as usually in the of the national United 25. the The disarmament of the European powers. is desirable. The The United of the States should insist on the absolute ownership proposed inter-oceanic canal. FOREIGN AND INTERNATIONAL. of elective. The United States government should exert itself to maintain the integrity of the Chinese Empire. 26.

" Baltimore States should adopt the the issues of State banks should be plan 41. should be granted American register. The tariff on goods imported into the United States should be fixed 40. 48. The single-tax system would have advantages 46. APPENDIX. 37.170 36. 49. the United States should impose a tariff on its tropical and semi- tropical dependencies. owned by American citi- zens. 45. The United States should establish commercial reciprocity with Canada. 44. The growth of large fortunes should be checked by a graduated income tax and an inheritance tax. The time has now tective tariff should be come when the purely pro- withdrawn from goods the manufacture of which has been established in the United States. Foreign-built ships. of bank-note circulation. 42. Legislation directed against trusts is unwise. 43. repealed. The United States should continue to attempt the promotion of international bimetallism. over the present systems of taxation. 38. It is economically disadvantageous to the United States to own territory in the tropics. . Reciprocity is a wise and practicable measure for encouraging American trade. 47. The United retire all the States government should promptly outstanding legal tender notes. Granted that it is constitutional. The United The tax on " by a bi-partisan commission. 39.

50. The United States government should grant uniform pensions to all citizens of the age of sixty and over. The elimination of private profits offers the best solution of the problem of the liquor traffic. 58. Interference with strikes by judicial injunction a menace to the liberties of the working classes. 59. Department stores have proved a benefit to municipal communities. with compulsory powers. State laws prohibiting all secular employment on Sunday should be repealed. is 60. dependents on qualified immi- grants being excepted. should be appointed to settle disputes between employers and employees. Congress should prohibit the immigration into the United States of all persons who cannot read and write some language. Permanent copyright should be granted by the United States. except with meals at ho'iva fide hotels.PROPOSITIONS FOR DEBATE. The States should prohibit the sale of all intoxicating Hquors to be drunk on the premises. The United States steps looking toward the purchase inter-State railways. 51. justified in refusing recognition 52. 55. 56. . 54. government should take and control of all American cities should own and operate all sur- face-car lines within their limits. 57. 271 SOCIAL AND INDUSTRIAL. 61. State boards of arbitration. to Employers are Labor Unions. 53.

74. afford the and cooperative methods genmost promising solution of the labor problem. Three-fourths of a jury should be competent to render a verdict in all criminal cases. museums. Profit-sharing. The boycott is a legitimate means of securing concessions from employers. 65. 70. Municipalities should own and operate public plants for the furnishing of light. 67. Railway pooling should be permitted in the United States. 66. wherever pubHc opinion will sanction the passage of such a law. Public libraries. 64. 63. Social entertainments given by individuals. The prohibition of the liquor traffic is preferable to any system of Hcense. 73. The prison system in the United States should be revised so as to be largely reformatory rather than punitive. In times of depression either States or municipalities should furnish employment to the unem- ployed. Congress should for amendment providing submit a Constitutional uniform Federal legislation regarding marriage and divorce. 62. 69. should be open on Sunday.2 72 APPENDIX. are unjustifiable. 68. and art galleries 71. erally. involving lavish expense. All the guarantees and restrictions of the Con- . y2. Vivisection should be prohibited. LEGAL AND CONSTITUTIONAL.

difficulty in the invalidation greater security in bequests. declaring an unapportioned direct tax on the income derived from real estate to be unconstitutional. 83. imprisonment. should be adopted looking toward of wills. 84. The Supreme Court should reverse its decision of 1895. yy. The annexation is of States treaty. like those of the Federal courts. Life the execution of sentences imposed. The Constitution should be so amended as to permit the trial in the courts of contested election office during . stitution apply to all territory *7$ which may be perma- nently controlled by the United States. and An easier method of of the United States should be proposed and adopted by the States. 75. 82. territory to the United of Congress. and fewer opportunities for delay in 81. should be substituted for capital punishment. amending the Constitution by Congress 80. The Constitution should be so amended as to grant Congress the general power to regulate manu- factures and industry. Legislation seat should be granted to of a State. hold should be appointed by the executive. greater 79. by Joint Resolution unconstitutional. with a restricted power of pardon on the part of the executive. The law governing judicial process should be so amended as to provide for the more speedy conduct of criminal cases. any Senator ap- when the Legis- lature adjourned without filling the vacancy. and life or good behavior. All judges of State courts. without a 76.PROPOSITIONS FOR DEBATE. A pointed by the Governor 78.

should be reduced to three years. Roman Catholics. fully elective all introduced into system of studies should be our colleges. 89. A city is the best location for a college. leading to the degree of Bachelor of Arts. 96. modified in the interest of those desiring to fit themselves for practical business careers. 90. college course. universities 86. negro should be . Women The should be admitted to all American on equal terms with men. should prevail in all college examinations. national University should be established at 93. Athletics have been excessively developed in The American universities. The reading of the Bible in the public schools should be prohibited. 85. The education of the American industrial rather than liberal. 95. 97. Freshmen should be excluded from all university athletic The " honor system " teams. EDUCATIONAL. and members of other religious sects. regular college course should be further 92. cases involving membership in the United States Senate or House of Representatives. 88.374 APPENDIX. 87. 91. Compulsory manual training should be introduced into all grammar and high schools. are justified in establishing parochial schools in opposition to those maintained by the State. 94. The A Washington.

98. Education should sixteen. Religious denominations are justified in establishing colleges in the vicinity of State universities.PROPOSITIONS FOR DEBATE. 275 be compulsory to the age of 99. 100. . Military tactics should be taught in the public schools.


circumstantial. 167 limitations of. quoted. 58 specimen. Begging the question. 94. argument from. 114 Eliot. 144 effect. 138 Clearness. 117 ff. 27 for. J. 205 in style. "5 Chatham. 145 Concreteness of style. 206 Erskine. quoted. art of. 113 of. the. 122. 136 n. Justice. refutation A priori evidence. 135. 71 argument on. 212 in style. 189 Authority. 26. 164 Conviction and persuasion. Lord. 4 Copyright question. H. C. 46. 172 proof. cited. quoted. Authority. J. brief on. 79. Bright. 181 21. 210. Burden of Carter. 174 Condensation. i ff. 96. nature 230 Artistic qualities in debate. III Arbitration question. 192 Facts. 109 n. 203 214 ff. Cause and quoted. 221 Extemporaneous refutation. J. Example. in delivery. 144 Church. 215 Deduction and induction. 32 ff. 36. attacking. argvunent from. 70 fif. in delivery. Affirmative. legal. argument from. 87. how far safe.. Dilemma. 184 Audience. proof from. Antecedent probability.. J. 62 Briefs. preparation for.. 181 George. quoted. 61 ff. 118 Bowen. 90 Analysis of debatable questions. 165 J. 107 establishing of. argument frcm. 181 Conclusions.. 1 1 1 C. 114 a priori. 87 A posteriori evidence. 127. 83. Delivery. 27. 118. legal. relation of speaker to. 50 ff. quoted. 126 Bentham. 119. of. 150 Choate. Evidence.. 198 Fallacies. argument on. Lord. cited.^ . 77 Defining questions. 94 114 87 refutation of. duty Climax. quoted. 36 Currency question. 92 Enunciation.INDEX. 74 Analogy. 79 mastery of. Elegance. 90 Expansion question. 95. no problems training of. a posteriori. 197 Extemporization. of. 253 Debate. 182. 65 Cicero. 31 ff. 243 ff.

197 inverted. 1 15. G. 19^. 79 n. Lord.. 23 fF. 134 list of. E. 152 Persuasiveness. 165. 1640*. 143 methods of. quoted.. 267 ." 120 order of. A. 257 Force. proof a matter of. 116 Macaulay on copyright. 177 schemes of. 125 Holyoake. 137 Statistics." argument from.. 126. quoted. INDEX. quoted. 128 Logic and argumentation. J. 141 "Ignoring use of. 175 Stephen. 75 JVon sequitur. T. F.278 Federal tion in. fF. Income-tax question. E. 10 fF. methods of. 38 Refutation. 92 '•Sign. speech of. Pitt. government. 193. 200 Policy.. Sidney. Legal brief. 177. 31 ff. S.. quoted. 148 Meade. 212 in peroration. fF. 12 1 of. quoted. 98 Post hoc ergo propter hoc. W. brief of. 10 fF. 38. quoted. Sidgwick. 35 Legal argument. 249 36. quoted.. Induction and deduction. 123 Liquor question. 130 Roebuck. T. 108. centraliza- 70 Figiu-ative language. in argument. of. 138 W. questions of. dangers 194 Negative. extemporaneous. 4 fif. J. brief of. use in structure of argument. 63 Structure of argument. 201 B. cited. analysis Lincoln. 93. duty of. H. 213 Preliminary work of debater. Style. A. 63 Proof. 50 ff. 1 1 8 Hoar. 221 Spoken discourse. Gesture. quoted. in delivery. 178. 105 Presumptions. 196 Honesty in proof. 116 Rogers. 77 Inference. 209 in style. 106 122 of. 196 Paragraphs. relation to structure. Reductio Jury question. use of. 29. 203 Folz. 117 n. Sir P.. 187 Memorized speeches. 137 Formal debates." 118 Questions. debatable. 94 Mansfield. attitude toward an... laws Opponent... 77 ff. S. 116 Posture.. 8 principle of. 78 Introductions. 143. 22 Fowler. 243 Legal questions. 124. 176 Fluency. 123 Macaulay. 136 Petitio prinripii. G. cited. 79.. 213 Gladstone. 147 in refutation. as basis of finished structure. 100 Illustrations. 173 Outline of argument. cultivation of. 10 "Question-begging epithets. charactcristict of. 182. the Question. 151 Subjects for debate. 169 Propositions as subjects of debate. 115 ad absurdum..

72. B. 257 Witnesses. use of. use of.INDEX. 25 n. speech of. P. 65 how J. quoted. 230 Webster. J. quoted.. Sufirage question. 146 Syllogistic reasoning. attacked. brief on. quoted. 154 Trust question... 108 Wording of propositions for debate. 236 Voice. economy of. use of. 211 Testimony. 79 ff. 18 flf. 98 205. 187 .. 40. B. Written speeches. 119 Summaries. 279 Venezuelan question.. 149 Wendell. 166 Transitions in argument. Warren. D. credibility of. 53. 125 argument on. 108 Thayer. 80. 49 Time.

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