CHAPTER II

PLANNING THE ARGUMENT

10. Preparations for the Argument. When you have chosen the subject for your argument there is still much to do before you are ready to write it out. In the first place, you must find out by search and reading what is to be said both for and against the view you are supporting; in the second place, with the facts in mind you must analyze both them and the question to see just what is the point that you are arguing; then, in the third place, you must arrange the material you are going to use so that it will be most effective for your purpose. Each of these steps I shall consider in turn in this chapter.

As a practical convenience, each student should start a notebook, in which he can keep together all the notes he makes in the course of his preparations for writing the argument. Number the pages of the notebook, and leave the first two pages blank for a table of contents. A box of cards, such as will be described on page 31, will serve as well as a notebook, and in some ways is more convenient. From time to time, in the course of the chapter I shall mention points that should be entered.

For the sake of convenience in exposition I shall use as an example the preparations for an argument in favor of introducing the commission form of government into an imaginary city, Wytown; and each of the directions for the use of the notebook I shall illustrate by entries appropriate to this argument. The argument, let us suppose, is addressed to the citizens of the place, who know the general facts relating to the city and its government. In creating this imaginary city, let us give it about eight thousand inhabitants, and suppose that it is of small area, and that the inhabitants are chiefly operatives in a number of large shoe factories, of American descent, though foreign-born citizens and their offspring are beginning to gain on the others. And further, let us suppose that this imaginary city of Wytown now has a city government with a mayor of limited powers, a small board of aldermen, and a larger city council. The other necessary facts will appear in the introduction to the brief.

11. Reading for the Argument. The first step in preparing for an argument is to find out what has been already written on the general subject, and what facts are available for your purpose. For this purpose you must go to the best library that is within convenient reach. Just how to look for material there I shall discuss a few pages further on; here I shall make some more general suggestions about reading and taking notes.

Almost always it pays to give two or three hours to some preliminary reading that will make you see the general scope of the subject, and the points on which there is disagreement. An article in a good encyclopedia or one in a magazine may serve the purpose; or in some cases you can go to the opening chapter or two of a book. If you have already discussed the subject with other people this preliminary reading may not be necessary; but if you start in to read on a new subject without some general idea of its scope you may waste time through not knowing your way and so following false leads.

In your reading do not rest satisfied with consulting authorities on your own side only. We shall presently see how important it is to be prepared to meet arguments on the other side; and unless you have read something on that side, you will not know what points you ought to deal with in your refutation. In that event you may leave undisturbed in the minds of your readers points which have all the more significance from your having ignored them. One of the first reasons for wide reading in preparation for an argument is to assure yourself that you have a competent knowledge of the other side as well as of your own.

In using your sources keep clearly and constantly in mind the difference between fact and opinion. The opinions of a great scholar and of a farseeing statesman may be based on fact; but not being fact they contain some element of inference, which is never as certain. When we come to the next chapter we shall consider this difference more closely. In the meantime it is worth while to urge the importance of cultivating scruples on the subject and a keen eye for the intrusion of human, and therefore fallible, opinion into statements of fact. A trustworthy author states the facts as facts, with the authorities for them specifically cited; and where he builds his own opinions on the facts he leaves no doubt as to where fact ends and opinion begins.

The power to estimate a book or an article on a cursory inspection is of great practical value. The table of contents in a book, and sometimes the index, will give a good idea of its scope; and samples of a few pages at a time, especially on critical points, which can be chosen by means of the index, will show its general attitude and tone. The index, if properly made, will furnish a sure guide to its relevance for the purpose in hand. Half an hour spent in this way, with attention concentrated, will in most cases settle whether the book is worth reading through. An article can be "sized up" in much the same way: if it is at all well written the first paragraphs will give a pretty definite idea of the subject and the scope of the article; and the beginnings, and often the ends, of the paragraphs will show the course which the thought follows. Though such skimming cannot be relied on for a real knowledge of the subject, it is invaluable as a guide for this preliminary reading.

12. Taking Notes.In reading for your argument, as for all scholarly reading, form early your habits of taking thorough and serviceable notes. Nothing is more tantalizing than to remember that you once ran across a highly important fact and then not be able to recall the place in which it is to be found.

One of the most convenient ways to take notes for an argument is to write each fact or quotation on a separate card. Cards convenient for the purpose can be had at any college stationer or library-supply bureau. If you use them, have an ample supply of them, so that you will not have to put more than one fact on each. Leave space for a heading at the top which will refer to a specific subheading of your brief, when that is ready. Always add an exact reference to the source—title, name of author, and, in case of a book, place and date of publication, so that if you want more material you can find it without loss of time, and, what is more important, so that you can fortify your use of it by a reference in a footnote. When you find a passage that you think will be worth quoting in the original words, quote with scrupulous and literal accuracy: apart from the authority you gain by so doing, you have no right to make any one else say words he did not say. If you leave out part of the passage, show the omission by dots; and in such a case, if you have to supply words of your own, as for example a noun in place of a pronoun, use square brackets, thus []. On the following page are examples of a convenient form of such notes.

RESULTS IN DES MOINESThe streets have been kept cleaner than ever before for $35,000.The rates for electric lights have been reduced from $90 to $65.Gas rates have dropped again from $22 to $17.Water rates have dropped from 30" to 20" per 1000 gal.The disreputable district has been cleaned up and bond sharks driven out of business.

The Des Moines Plan of City Government,World's Work,Vol. XVIII, P. 11533.

PRESIDENT ELIOT'S VIEWS"Now city business is almost wholly administrative and executiveand very little concerned with large plans and far-reaching legislation.There is no occasion for two legislative bodies, or even one, in thegovernment of a city.... Now and then a question arises which thewill of the whole people properly expressed may best settle; butfor the prompt and conclusive expression of that will the initiativeand referendum are now well-recognized means."

C. W. Eliot, City Government by Fewer Men,World's Work, Vol. XIV p. 9419.

Tn making notes, whether for an argument or for general college work, it is convenient, unless you know shorthand, to have a system of signs and abbreviations and of contractions for common words. The simpler shorthand symbols can be pressed into service; and one can follow the practice of stenography, which was also that of the ancient Hebrew writing, of leaving out vowels, for there are few words that cannot be recognized at a glance from their consonants. If you use this system at lectures you can soon come surprisingly near to a verbatim report which will preserve something more than bare facts.

In your reading for material do not cultivate habits of economy or parsimony. You should always have a considerable amount of good fact left over, for unless you know a good deal of the region on the outskirts of your argument you will feel cramped and uncertain within it. The effect of having something in reserve is a powerful, though an intangible, asset in an argument; and, on the other hand, the man who has emptied his magazine is in a risky situation.

13. Sources for Facts. In the main, there are two kinds of sources for facts, sources in which the facts have already been collected and digested, and sources where they are still scattered and must be brought together and grouped by the investigator. Obviously there is no sharp or permanent distinction between these two classes. Let us first run through some of the books which are commonly available as sources of either kind, and then come back to the use of them.

To find material in books and magazines there are certain well-known guides. To look up books go first to the catalogue of the nearest library. Here in most cases you will find some sort of subject catalogue, in which the subjects are arranged alphabetically; and if you can use the alphabet readily, as by no means all college students can, you can soon get a list of the books that are there available on the subject. On many subjects there are bibliographies, or lists of books, such as those published by the Library of Congress; these will be found in every large library. For articles in magazines and weekly journals, which on most current questions have fresh information, besides a great deal of valuable material on older questions, go to Poole's "Index to Periodical Literature," which is an index both by title and subject to the articles in important English and American magazines from 1802 to 1906, and to "The Reader's Guide to Periodical Literature," which began in 1901 and includes more magazines, and which is brought up to date every month.

For other material the works listed below will be serviceable; they are the best known of the reference books, and some of them will be found in all libraries and all of them in large libraries. The books on this list by no means exhaust the number of good books of their own kind; they are good examples, and others will ordinarily be found on the same shelves with them.

THE NEW ENGLISH DICTIONARY (MURRAY'S) Unfinished: to have ten volumes, of which nine have now been published. This gives the history of each word for the last seven hundred years, with copious quotations, dated, to show the changes in its use.

THE CENTURY DICTIONARY, CYCLOPEDIA OF NAMES, AND ATLAS New edition, 1911, in twelve volumes. This has fuller information about the meanings of the words than is usually found in a dictionary.

THE NEW INTERNATIONAL DICTIONARY (WEBSTER'S) New edition, 1910, enlarged, with copious and exact etymologies.

ROGET'S THESAURUS OF ENGLISH WORDS AND PHRASES A standard book of synonyms.

FERNALD, ENGLISH SYNONYMS, ANTONYMS, AND PREPOSITIONS With illustrations and expositions of the differences in meaning.

ENCYCLOPAEDIA BRITANNICA Very full; highly authoritative; 11th edition, 1910.

NEW INTERNATIONAL ENCYCLOPEDIA Briefer; reedited in 1904.

LA GRANDE ENCYCLOPIDIE; BROCKHAUS, KONVERSATIONS-LEXIKON Both copious and authoritative.

CRUDEN'S CONCORDANCE An index to every word in the Bible.

BARTLETT'S CONCORDANCE TO SHAKESPEARE An index to every word in Shakespeare.

BARTLETT'S FAMILIAR QUOTATIONS An index to a very large number of the quotations most frequently met with.

BREWER'S DICTIONARY OF PHRASE AND FABLE This explains a great quantity of common allusions in words and phrases.

CENTURY CYCLOPEDIA OF NAMES This includes not only names of real persons, but also those of many famous characters in fiction.

LIPPINCOTT'S UNIVERSAL PRONOUNCING DICTIONARY OF BIOGRAPHY AND MYTHOLOGY

DICTIONARY OF NATIONAL BIOGRAPHY Revised edition. Confined to English biography, and to persons dead at the dale of publication of Supplement (1909). The articles are full, and of the highest authority. In the index and epitome is a convenient summary of dates and facts.

APPLETON'S CYCLOPEDIA OF AMERICAN BIOGRAPHY Six volumes, 1887-1901; with supplement (unfinished), bringing it down to date.

WHO'S WHO An annual publication; English, but with some American names; living persons only.

WHO'S WHO IN AMERICA; WER IST'S; QUI ÊTES-VOUS Corresponding works for America, Germany, and France.

DEBRETT'S PEERAGE A repository of a great mass of facts concerning English families of historical distinction.

THE STATESMAN'S YEAR BOOK Arranged by countries; contains a great mass of facts; has a bibliography at the end of each country or state.

THE WORLD ALMANAC; THE TRIBUNE ALMANAC Examples of annuals issued by large newspapers, which contain an enormous mass of facts, chiefly American.

WHITAKER'S ALMANAC Much miscellaneous information about the British empire and other countries.

THE ANNUAL REGISTER; THE NEW INTERNATIONAL YEARBOOK; THE AMERICAN YEARBOOK These three give information about the events of the preceding year.

INDEX TO THE LONDONTimes

LIPPINCOTT'S NEW GAZETTEER A geographical dictionary of the world.

THE CENTURY ATLAS With classified references to places.

THE HANDY REFERENCE ATLAS Small size (octavo); a most useful book for the desk or library table.

PLOETZ'S EPITOME OF UNIVERSAL HISTORY A very compact epitome of history, with all the important dates.

NOTES AND QUERIES A periodical devoted to notes and queries on a multitude of curious and out-of-the-way facts; yearly index volumes are issued.

BIBLIOGRAPHIES ISSUED BY THE LIBRARY OF CONGRESS

SONNENSCHEIN'S THE BEST BOOKS A guide to about fifty thousand of the best available books in a great variety of fields, classified by subject.

Make yourself familiar with all of these books which are within your reach. Get into the habit, when you have a few minutes to spare, of taking them down from the shelves and turning over the pages to see what they contain. And whenever a question of fact comes up in general talk, make a mental note of it, or better, one in writing, and the next time you go to the library hunt it up in one of these reference books. You will be surprised to see, when once you have made the habit, how short a time it takes to settle disputes about most facts; and at the same time you will be extending your general knowledge.

In learning the use of these and other books, do not forget the most important source of all, the librarian. The one guiding principle of modern librarianship is to make the books useful; and it gives every proper librarian active pleasure to show you how to use the books in his charge.

In using books and magazines scrutinize the character of the source. Is it impartial or partisan? Is its treatment of the subject exhaustive and definite, or cursory and superficial? Does the author know the subject at first hand, or does he rely on other men? On such points the second book or article will be easier to estimate than the first, and the third than the second; for with each new source you have the earlier ones as a basis for comparison. In any case do not trust to a single authority: no matter how authoritative it is, sooner or later the narrow basis of your views will betray itself, for an argument which is merely a revamping of some one else's views is not likely to have much spontaneity.

In many subjects, and especially those of new or local interest, you will not find the facts gathered and assimilated for you; you must go out and gather your own straw for the making of your bricks. Such are most questions of reform or change in school or college systems, in athletics, in municipal affairs, in short, most of the questions on which the average man after he leaves college is likely to be making arguments.

To get decisive facts on such questions as these you must go, in the case of local subjects, to the newspapers, to city and town reports, or to documents issued by interested committees; for college questions you go to the presidents' reports and to annual catalogues or catalogues of graduates, or perhaps toGraduates' BulletinsorWeeklies; for athletic questions you go to the files of the daily newspapers, or for records to such works as theWorldorTribune Almanacs; for school questions you go to school catalogues, or to school-committee reports. You will be surprised to find how little time you use to get together bodies of facts and figures that may make you, in a small way, an original authority on the subject you are discussing. It does not take long to count a few hundred names, or to run through the files of a newspaper for a week or a month; and when you have done such investigation you get a sense of surety in dealing with your subject that will strengthen your argument. Here, as in the larger discussions of later life, the readiness to take the initiative and the ingenuity in thinking of possible sources are what make you count.

Such sources you can often piece out by personal inquiry from men who are conversant with the subject—town or city officers, members of faculties, principals of schools. If you go to such people hoping that they will do your work for you, you will not be likely to get much comfort; but if you are keen about your subject yourself, and ready to work, you will often get not only valuable information and advice, but sometimes also a chance to go through unpublished records. A young man who is working hard and intelligently is apt to be an object of interest to older men who have been doing the same all their lives.

EXERCISES

1. Name those of the sources on pages 34-36, which are available to you. Report to the class on the scope and character of each of them. (The report on different sources can be divided among the class.)

2. Name some sources for facts relating to your own school or college; to your own town or city; to your own state.

3. Report on the following, in not more than one hundred words, naming the source from which you got your information: the situation and government of the Fiji Islands; Circe; the author of "A man's a man for a' that"; Becky Sharp; the age of President Taft and the offices he has held; the early career of James Madison; the American amateur record in the half-mile run; the family name of Lord Salisbury, and a brief account of his career; the salary of the mayor of New York; the island of Guam: some of the important measures passed by Congress in the session of 1910-1911. (This exercise a teacher can vary indefinitely by turning over the pages of reference books which his class can reach; or the students can be set to making exercises for each other.)

14. Bibliography. Before starting in earnest on the reading for your argument, begin a bibliography, that is, a list of the books and articles and speeches which will help you. This bibliography should be entered in your notebook, and it is convenient to allow space enough there to keep the different kinds of sources separate. In making your bibliography you will use some of the sources which have just been described, especially "Poole's Index," and "The Reader's Guide," and the subject catalogue of the library. Make your entries so full that you can go at once to the source; it is poor economy to save a minute on copying down a title, and then waste ten or fifteen in going back to the source from which you got it. On large subjects the number of books and articles is far beyond the possibilities of most courses in argumentation, and here you must exercise your judgment in choosing the most important. The name of the author is on the whole a safe guide: if you find an article or a book by President Eliot on an educational subject, or one by President Hadley on economics, or one by President Jordan on zoology, or one by any of them on university policy, you will know at once that you cannot afford to neglect it. As you go on with your reading you will soon find who are authorities on special subjects by noting who are quoted in text and footnotes. If the subject happens to be one of those on which a bibliography has been issued either by the Library of Congress or from some other source, the making of your own bibliography will reduce itself to a selection from this list.

Keep your bibliography as a practical aid to you in a very practical task. Do not swell it from mere love of accumulation, as you might collect stamps. The making of exhaustive bibliographies is work for advanced scholarship or for assistant librarians. For the practical purposes of making an argument a very moderate number of titles beyond those you can actually use will give you sufficient background.

Notebook. Enter in your notebook the titles of books, articles, or speeches which bear on your subject, and which you are likely to be able to read.

Illustration. Bibliography for an argument on introducing commission government of the Des Moines type into Wytown.

WOODRUFF, C. R. City Government by Commission. New York, 1911. Bibliography in appendix.

HAMILTON, J. J. The Dethronement of the City Boss. New York, 1910.

From Reader's Guide to Periodical Literature, Vol. II (1905-1909). (There are thirty entries here under the heading, Municipal Government, and the subheading, Government by Commission. Of these I omit those dealing with cities in Texas, as not bearing directly on the Des Moines plan, and select seven of the most recent.)

"Another City for Commission Government,"World's Work, Vol. XVIII (June, 1909), p. 11,639.

"City Government."Outlook. Vol. XCII (August 14, 1909), pp. 865-866.

BRADFORD, E. S. "Commission Government in American Cities," National Conference on City Government (1909), pp. 217-228.

PEARSON, P. M. "Commission System of Municipal Government" (bibliography), Intercollegiate Debates, pp. 461-477.

ALLEN, S. B. "Des Moines Plan," National Conference on City Government (1907), pp. 156-165.

"Des Moines Plan of City Government,"World's Work, Vol. XVIII (May, 1909), p. 11,533.

GOODYEAR, D. "The Example of Haverhill,"Independent, Vol. LXVI (January, 1909), p. 194.

From Reader's Guide (1910). (Seven entries, of which I select the following.)

GOODYEAR, D. "The Experience of Haverhill,"Independent, Vol. LXVIII (February, 1910), p. 415.

"Rapid Growth of Commission Government,"Outlook, Vol. XCIV (April, 1910), p. 822.

TURNER, G. K. "New American City Government,"McClure's, Vol. XXXV (May, 1910), pp. 97-108.

"Organization of Municipal Government," American Government and Politics; pp. 598-602.

15. Planning for a Definite Audience. Before setting to work on the actual planning of your argument there are still two preliminary questions you have to consider—the prepossessions of your audience, and the burden of proof; of these the latter is dependent on the former.

When you get out into active life and have an argument to make, this question of the audience will force itself on your attention, for you will not make the argument unless you want to influence views which are actually held. In a school or college argument you have the difficulty that your argument will in most cases have no such practical effect. Nevertheless, even here you can get better practice by fixing on some body of readers who might be influenced by an argument on your subject, and addressing yourself specifically to them. You can hardly consider the burden of proof or lay out the space which you will give to different points in your argument unless you take into account the present knowledge and the prepossessions of your audience on the subject.

Where the question is large and abstract the audience may be so general as to seem to have no special characteristics; but if you will think of the differences of tone and attitude of two different newspapers in treating some local subject you will see that readers always segregate themselves into types. Even on a larger scale, one can say that the people of the United States as a whole are optimistic and self-confident in temper, and in consequence careless as to many minor deficiencies and blemishes in our national polity. On a good many questions the South, which is still chiefly agricultural, has different interests and prepossessions from the North; and the West, being a new country, is inclined to have less reverence for the vested rights of property as against the rights of men, than the Eastern states, where wealth has long been concentrated and inherited.

As one narrows down to the immediate or local questions which make the best subjects for practice the part played by the audience becomes more apparent. The reform of the rules of football is a good example: a few years ago an audience of elderly people would have taken for granted the brutality of the game, and its tendency to put a premium on unfair play; the rules committee, made up of believers in the game, had to be hammered at for several years before they made the changes which have so greatly improved it. So in matters of local or municipal interest, such as the location of a new street car line, or the laying out of a park, it will make a vast difference to you whether you are writing for people who have land on the proposed line or park, or for the general body of citizens.

Differences in thy prepossessions of your audience and in their knowledge of the subject have, therefore, a direct and practical effect on the planning of your argument. Suppose you are arguing in favor of raising the standard of admission to your college; if your argument is addressed to the faculty you will give little space to explaining what those requirements now are; but if you are sending out an address to the alumni you must give some space to telling them clearly and without technicalities what present conditions are and explaining the changes that you propose. Theoretically an argument should change in form and proportions for every audience which you address. The theory may be pushed too far; but in the practice of real life it will be found nearly true. With different audiences you will unconsciously make different selection of material, and you will vary your emphasis, the place of your refutation, and the distribution of your space.

Notebook.Enter the audience for whom your argument might be written, and note what you think would be their knowledge of the subject, and their prepossessions toward it.

Illustration. The citizens of Wytown. They are convinced that there should be a change in the city government; but they are not yet familiar with the Des Moines plan.

EXERCISES

1. Bring to class editorials from different newspapers on the same local subject, and point out differences of attitude which they assume in the audiences they address.

2. Suggest three different possible audiences for your argument, and show what differences you would make in your argument in addressing each of them.

16. The Burden of Proof. The principle which underlies the responsibility for the burden of proof may be summed up in the adage of the common law,He who asserts must prove.

At the law this principle has been elaborated into a large and abstruse subject; in ordinary arguments where there is no judge to make subtle discriminations, you must interpret it in the broadest way. The average man lacks both the interest and the capacity for making keen distinctions; and when you are writing for him you would make a mistake if you were to stickle for fine points concerning the burden of proof.

In general, the principle as it bears on the arguments of everyday life implies that any argument in favor of a change shall accept the burden of proof. This application of the principle is illustrated in the following extract from an editorial article inThe Outlooksome years ago, on a proposed change in the law of New York concerning the safeguards of vivisection.

The real question is not as to the merits of vivisection, but as to the proper safeguards with which the law should surround it.

At present the law of New York state applies to experiments upon animals the same principle that it applies to surgical operations upon men, women, and children. It does not attempt to prescribe the conditions under which either experiments or operations should be conducted; but it does prescribe the standards of fitness which every person who may lawfully engage in surgery and which every person who may lawfully engage in animal experimentation must meet. It penalizes with fine or imprisonment or both the unjustifiable injuring, mutilating, or killing of animals; and it confines to regularly incorporated medical colleges and universities of the state the authority under which animal experimentation may be conducted.

The burden of proof rests upon those who would have the state abandon this principle and substitute for it the principle of prescribing the conditions of scientific investigation. It rests upon them to prove, in the first place, that the present law is inadequate. It is not sufficient for them to produce lawyers who give opinions that the law is not efficient. There are lawyers of the highest standing in the state who declare that it is efficient. The only adequate mode of proof would be by the prosecution of an actual abuse. So far as we have been able to learn, only one authentic case of alleged unjustifiable experimentation has been brought forward by the supporters of the bills. This is certainly not proof that the present law is inadequate.

In the second place, the burden of proof rests upon them to show that legal restrictions on the methods of science would not vitiate investigations, and would not, therefore, entail upon human beings greater suffering than would otherwise be inflicted upon animals ...

It is becauseThe Outlookis convinced by overwhelming evidence that the practice of vivisection has not increased suffering but has rather widened immeasurably the merciful ministrations of medicine and surgery that it regards as dangerous unintelligent interference with vivisection, and urges the maintenance of the principle underlying the present New York law.

So with other questions of policy, the burden of proof would be on any one who proposed a change from a policy long established, such as free trade in England, and to a less extent protection in this country, the elective system in many American colleges, the amateur rule in school and college athletics.

Always, one must remember that the burden of proof depends on the prepossessions of the audience, and that on the same question it may change within a moderately small number of years. Ten years ago, on the question of the popular election of senators the burden was clearly on the side of those who advocated a change in the Constitution. By this time (1912) the burden of proof has for a majority of the people of the United States probably swung to the other side. In the state of Maine, where prohibition had been embodied in the state constitution for a generation, the burden of proof was on those who in 1911 argued for its repeal; whereas in Massachusetts, which has done well for many years with local option and high license, the burden would still be on those who should argue for state prohibition. In the discussions of the game of football a few years ago the burden of proof before an audience of athletes would have been on those who declared that the game must be changed; with college faculties and men of like mind the burden of proof would have been on those who defended the old game. In each case that comes up, you cannot place the burden of proof until you know whether the people you are trying to convince have any prepossessions in the matter: if they have, the burden of proof is on him who attempts to change those prepossessions; if they have not, the burden is on him who is proposing to change existing views or existing policies.

In no case, however, with a popular audience is it very safe to depend much on the burden of proof; almost always it is better to jump in and actively build up the argument on your own side. In argument, as in strategy, take the offensive whenever you can.

Notebook. Note whether the burden of proof is with you or against you, taking into account the probable prepossessions of the audience you have selected.

Illustration. In the argument for the introduction of the commission form of government into Wytown the burden of proof is on the affirmative to show that the Des Moines plan of city government will cure the evils of the present government of Wytown. With the audience assumed (see p. 43), there is no burden of proof on the affirmative to establish the need of a change.

EXERCISES

1. In three subjects which you might choose for an argument show where the burden of proof would lie.

2. In the case of one of these arguments show how the burden of proof might change with the argument.

17. The Brief.When you have settled these preliminary questions of the audience you wish to win over to your view, and of the way their prepossessions and knowledge of the subject will affect your responsibilities for the burden of proof, you are ready to begin work on the brief, as the plan for an argument is called. This brief it is better to think of as a statement of the logical framework of the argument, which you are constructing for the purpose of clearing up your own mind on the subject, and especially to help you to see how you can most effectively arrange your material. It differs from the usual brief in a case at law in that the latter is ordinarily a series of compact statements of legal principles, each supported by a list of cases already decided which bear on that principle. The brief you will be making now will consist of anintroduction, which states whatever facts and principles are necessary to an understanding of the brief, and thebriefitself, which consists of a series of propositions, each supporting your main contention, and each in turn supported by others, which again may each be supported by another series. Such an analysis will thoroughly display the processes of your reasoning, and enable you to criticize them step by step for soundness and coerciveness.

I shall first explain the several steps which go to the making of the introduction to the brief; and then come to the making of the brief itself.

18. The Proposition.The first step in making the introduction to your brief is to formulate the question or proposition (the two terms are interchangeable in practice). Until you have crystallized your view of the subject into a proposition you have nothing to argue about. "Commission form of government" is a subject, but it is not arguable, for it gives you no hold either for affirming or denying. "Commission government should be adopted in Wytown," or "Commission government has improved political conditions in Des Moines," are both propositions which are arguable (though not yet specific enough), for it is possible to maintain either the affirmative or the negative of either of them.

The proposition must be single. If it be double, you have what the lawyers call "a squinting argument," that is, an argument which looks in two directions at the same time. For example, the proposition, "Commission government would be a good thing for Wytown, but the initiative and referendum are wrong in principle," involves two separate and unconnected principles, since commission government as first embodied at Galveston does not include the initiative and referendum. Many people, including those of Galveston and other places in Texas, would accept the first half of the proposition, and disagree with the second half. On the other hand, "Wytown should adopt a commission government on the Des Moines plan," would not be a double proposition, though this plan includes the initiative and referendum; for the proposition makes the issue that the plan should be adopted or rejected as a whole.

In some cases a proposition may be grammatically compound, and yet carry a single assertion. "Municipal government by commission is more economical and efficient than municipal government with a mayor and two chambers," is really a single assertion of the superiority of the commission plan of government. In this case there is no danger of getting into a split argument; but even here it is safer to reduce the proposition to one which is grammatically single, "Municipal government by commission has proved itself superior to municipal government with a mayor and two chambers." A predicate wholly single is a safeguard against meaning two assertions.

The proposition must not be so abstract or vague in terms that you do not know whether you agree or disagree with it. Macaulay summed up this difficulty in one of his speeches in Parliament:

Surely my honorable friend cannot but know that nothing is easier than to write a theme for severity, for clemency, for order, for liberty, for a contemplative life, for an active life, and so on. It was a common exercise in the ancient schools of rhetoric to make an abstract question, and to harangue first on one side and then on the other. The question, Ought popular discontents to be quieted by concession or coercion, would have been a very good subject for oratory of this kind. There is no lack of commonplaces on either side. But when we come to the real business of life, the value of these commonplaces depends entirely on the particular circumstances of the case which we are discussing. Nothing is easier than to write a treatise proving that it is lawful to resist extreme tyranny. Nothing is easier than to write a treatise setting forth the wickedness of wantonly bringing on a great society the miseries inseparable from revolution, the bloodshed, the spoliation, the anarchy. Both treatises may contain much that is true; but neither will enable us to decide whether a particular insurrection is or is not justifiable without a close examination of the facts.4

In other words, though the word "insurrection" seems to be plain in meaning, yet when we make it one term of a judgment of which the other term is "justifiable," we find that we do not know whether we agree or not. The terms of the proposition are so vague that there can be no meeting of minds. If we limit the subject to a specific case, insurrection in Venezuela, or insurrection in Cuba, then we have made a beginning toward making the proposition arguable. In these particular cases, however, it would probably be necessary to go further, and specify which insurrection in Venezuela or in Cuba was intended, before the average American would be prepared either to affirm or to deny. Wherever the terms of a proposition are too vague to provoke profitable discussion they must be narrowed down to a specific case which will draw forth affirmation and denial.

A common case where the vagueness of the proposition leads to difficulties in the argument is described in the following passage:

An equally common form of argument, closely allied to the argument by analogy, and equally vague, is that which is popularly known as the objection to a thin end of a wedge. We must not do this or that, it is often said, because if we did we should be logically bound to do something else which is plainly absurd or wrong. If we once begin to take a certain course there is no knowing where we shall be able to stop with any show of consistency; there would be no reason for stopping anywhere in particular, and we should be led on, step by step, into action or opinions that we all agree to call undesirable or untrue....

For it must not be forgotten that in all disputes of this kind there are two parties opposed to each other, and that what divides them is precisely their lack of agreement on the question what principle is really involved. Those who see a proposal as a thin end of a wedge always see the principle as a wider, more inclusive one, than those who make the proposal; and what gives them freedom so to see it is merely the fact that it remains indefinite.5

As a practical example of this confusion, consider the following extract from a speech in the United States Senate opposing the popular election of senators:

Every intelligent student of the present rapid trend toward popular government must see what would happen when this sentimental bar of the States being represented by two Senators instead of by the people in the United States Senate is thrown down. The initiative, the referendum, and the recall are but symptoms of the times. That the people will have their way, because they, and they alone, are the government, is the underlying spirit of our institutions, of our newest State Constitutions, and of our progressive laws. Skillful agitation seizes upon every pretext and eagerly grasps and enlarges every opportunity for appeal to the passions in an advancement of its purposes. The next cry will necessarily be, "Why not elect the Supreme Court of the United States by popular vote? Why not elect the Federal Judiciary everywhere by popular vote?"6

Here the proposition, "That the people will have their way, because they, and they alone, are the government, is the underlying spirit of our institutions, of our newest state constitutions, and of our progressive laws," is not only obscure in terms, but it is wholly vague, for it does not define how far the progressive party propose to carry popular direct government. Until the two sides agree on that point they have nothing definite enough for profitable argument.

It is surprising to notice how often in political debates this fallacy is committed. It is human nature to believe for the time being that the other side will do the worst thing that the circumstances make possible. Fortunately, human nature just as constantly refutes the error.

To make clearer this necessity of having a definite proposition to argue, let us take one of the subjects suggested on page 10 which is not yet in a form for profitable argument, and amend it. "The standard for graduation from this college should be raised," is a subject that can be discussed, but as it stands it would not be a good proposition for an argument, because it is vague. How much should the standard be raised? By what method should it be raised? These and other questions you would have to answer before you would have a proposition definite enough to be argued with profit. The proposition could be made definite enough by such amendments as the following: "The standard for graduation from this college should be raised by requiring one eighth more hours of lecture or recitation in each of the four years"; or, "The standard for graduation from this college should be raised by increasing the pass mark in all courses from fifty per cent to sixty per cent"; or, "The standard for graduation from this college should be raised by allowing no student to have his degree who has fallen below sixty per cent in one fourth of his work, and has not attained eighty per cent in at least one eighth of his college work." In each of these cases the proposition is so definite that you could find exactly how many students would be affected. A proposition which involves a definite body of facts is arguable; one which involves an indefinite and incalculable body of facts is not.

To take another example from the brief we shall be working out in this chapter, the proposition, "Wytown should adopt the commission form of government," is not definite enough, for there are various forms of commission government, such as the Galveston plan, the Des Moines plan, and by this time a considerable variety of others; and citizens who are at all particular in their voting would want to know just which of these was proposed for their approval. The proposition, therefore, would have to be limited to, "Wytown should adopt a commission government after the Des Moines plan."

The exact form of your proposition will not always come to you at the first try. It may easily happen that you will not see the exact issue involved in the argument until you have gone some way with the processes of analysis which we shall be considering in the rest of this chapter. Always hold yourself ready to amend your proposition, if you can thereby come closer to the question.

Notebook. Enter the exact proposition which you are to argue.

Illustration, Wytown should adopt the commission form of government, in the form now in practice at Des Moines, Iowa.

EXERCISES

1. Make three arguable propositions on the subject, "Entrance examinations for college."

2. Criticize the following propositions and amend them, if necessary, so that they might be argued with profit:

a. Freshmen should be required to keep reasonable hours.b. The honor system should be introduced everywhere.c. This city should do more for its boys.d. The street railway companies in this city should be better regulated.e. The amateur rules for college athletes are too stringent.f. Intercollegiate football is beneficial.

a. Freshmen should be required to keep reasonable hours.

b. The honor system should be introduced everywhere.

c. This city should do more for its boys.

d. The street railway companies in this city should be better regulated.

e. The amateur rules for college athletes are too stringent.

f. Intercollegiate football is beneficial.

19. Definition of Terms.Making a proposition definite is chiefly a process of defining terms which are found in it; but when these are defined you may still in your argument use others which also need definition. In general the definition of terms, whether in the proposition or not, implies finding out just what a term means for the present purpose. Almost every common word is used for some variety of purposes. "Commission," for example, even within the field of government, has two very different meanings:

As applied to state and national administration, the term "commission government" is used in connection with the growing practice of delegating to appointed administrative boards or commissions—the Interstate Commerce Commission, state railroad commissions, tax commissions, boards of control, etc.—the administration of certain special or specified executive functions...From the standpoint of organization, then, "commission government," as applied to the state, connotes decentralization, the delegation and division of authority and responsibility, and the disintegration of popular control...As applied to city administration, however, commission government has a very different meaning. In striking contrast to its use in connection with the state, it is used to designate the most concentrated and centralized type of organization which has yet appeared in the annals of representative municipal history. Under so-called commission government for cities, the entire administration of the city's affairs is placed in the hands of a small board or council—"commission"—elected at large and responsible directly to the electorate for the government of the city.7

Furthermore, even the term "commission government for cities" is not wholly definite, for there are already several recognized types of such government, such as the Galveston type, the Des Moines type, and recent modifications of these. If you are making an argument for introducing a commission government, therefore, you must go still further with your definitions, and specify the distinguishing features of the particular plan which you are urging on the voters, as is done in the definition on page 59. In other words, you must make exactly clear the meaning of the term for the present case.

Your first impulse when you find a term that needs defining may be to go to a dictionary. A little thought will show you that in most cases you will get little comfort if you do. The aim of a dictionary is to give all the meanings which a word has had in reasonable use; what you need in an argument is to know which one of these meanings it has in the present case. If you were writing an argument on the effects or the righteousness of the change wrought in the English constitution by the recent curtailment of the veto power of the House of Lords, and wished to use the word "revolution," and to use it where it was important that your readers should understand precisely what you intended it to convey, you would not burden them with such a definition as the following, from an unabridged dictionary: "Revolution: a fundamental change in political organization, or in a government or constitution; the overthrow or renunciation of one government and the substitution of another, by the governed." Such a definition would merely fill up your space, and leave you no further ahead. A dictionary is studiously general, for it must cover all possible legitimate meanings of the word; in an argument you must be studiously specific, to carry your readers with you in the case under discussion.

Moreover, words are constantly being pressed into new uses, as in the case of "commission" (see p. 54); and others have entirely legitimate local meanings. Only a dictionary which was on the scale of the New English Dictionary and which was reedited every five years could pretend to keep up with these new uses. In an unabridged dictionary dated 1907, for example, the full definition of "amateur" is as follows: "A person attached to a particular pursuit, study or science, as to music or painting; especially one who cultivates any study or art, from taste or attachment, without pursuing it professionally." Of what use would such a definition be to you if you were arguing in favor of strengthening or relaxing the amateur rules in college athletics, in which you had to follow through the intricacies of summer baseball and of reimbursements for training table and traveling expenses? Such a definition hardly comes in sight of the use of the word which is most in the mouths of college students in America. Words mean whatever careful and accepted writers have used them to mean; and the business of a dictionary is so far as possible to record these meanings. But language, being a living and constantly developing growth, is constantly altering them and adding to them.

What a dictionary can do for you, therefore, is merely to tell you whether in the past the word has been used with the signification which you wish to give to it; but there are very few cases in which this will be much help to you, for in an argument your only interest in the meaning of a term is in the meaning of that term for the case under discussion.

There are two quite different kinds of difficulty in putting the right interpretation on a statement, and a dictionary can only remove one of these, and by far the less important one. When you meet with a statement containing an unfamiliar word—say, the word "parallax," or "phanerogamous," or "brigantine"—and when you understand all the rest of the statement except that word, then as a general rule the dictionary will help to make the meaning clear. But when the difficulty is caused, not by a word being unfamiliar, but by its being used in a certain context, then the best dictionary in the world is, for your purpose, of no use at all. The nature of every dictionary is necessarily such that it entirely leaves out of account all doubts about meaning which are of this second kind. The most that a dictionary can do is to tell us the meaning of a word in those cases where the context in which it is used isnotsuch as to make the meaning doubtful.8

In practice the words which most often need definition are those which are, as it were, shorthand symbols for perhaps a very extensive meaning. Unless the limits of this extended meaning are clearly marked out you cannot tell whether the minds of your readers are, as the lawyers say, running on all fours with your own or not. This extended meaning may be of various sorts: for example, it may be a large general principle, as in the case of "evolution" or "culture"; or it may be a general system or practice, as in the case of "commission government," "honor system," or "high standards for graduation"; or it may be a general class of things, persons, or events, as in the case of "secondary school," "professional coach," or "murder." When you use any such term in an argument, it is essential that your readers shall have the same set of details, ramifications, or instances in mind as you have yourself. For this purpose you must define the term; or, in other words, you must lay out or display the ramifications and limitations of the principle, the details of the system or practice, or the exact kinds of things, persons, or events, which you have in mind when you use the term. A few examples will make this practical meaning of defining clear.

Sometimes the definition proceeds by careful and specific limitation of the general signification of a word, as in the following example from Bagchot:

I should say that except where it is explained to the contrary, I use the word "toleration" to mean toleration by law. Toleration by society of matters not subject to legal penalty is a kindred subject, on which if I have room I will add a few words; but in the main I propose to deal with the simpler subject, toleration by law. And by toleration, too, I mean, when it is not otherwise said, toleration in the public expression of opinions; toleration of acts and practices is another allied subject, on which I can, in a paper like this, but barely hope to indicate what seems to me to be the truth, and I should add that I deal only with the discussion of impersonal doctrines: the law of libel, which deals with accusations of living persons, is a topic requiring consideration by itself.9

Sometimes the definition is rather an unfolding and displaying of the implications (from the Latin,implicare, to fold in) of the term. Huxley, near the beginning of his three "Lectures on Evolution," made sure by the following definition that his hearers should have a precise idea of what he meant by the term "evolution":

The third hypothesis, or the hypothesis of evolution, supposes that, at any comparatively late period of past time, our imaginary spectator would meet with a state of things very similar to that which now obtains; but that the likeness of the past to the present would gradually become less and less, in proportion to the remoteness of his period of observation from the present day; that the existing distribution of mountains and plains, of rivers and seas, would show itself to be the product of a slow process of natural change operating upon more and more widely different antecedent conditions of the mineral framework of the earth; until, at length, in place of that framework, he would behold only a vast nebulous mass, representing the constituents of the sun and of the planetary bodies. Preceding the forms of life which now exist our observer would see animals and plants not identical with them, but like them; increasing their differences with their antiquity and, at the same time, becoming simpler and simpler; until, finally, the world of life would present nothing but that undifferentiated protoplasmic matter, which, so far as our present knowledge goes, is the common foundation of all vital activity.

The hypothesis of evolution supposes that in all this vast progression there would be no breach of continuity, no point at which we could say, "This is a natural process," and "This is not a natural process," but that the whole might be compared to that wonderful process of development which may be seen going on every day under our eyes, in virtue of which there arises, out of the semifluid, comparatively homogeneous substance which we call an egg, the complicated organization of one of the higher animals. That, in a few words, is what is meant by the hypothesis of evolution.10

Here Huxley has laid out, in compact form the principal ramifications of the great principle of evolution, giving his hearers something like an outline map of it with its limits and principal divisions.

Where you have a practice or system to define, you will be more likely to do it by specifying the chief and essential details of the system, as in the following definition of commission government for cities. It will be noticed that this narrows down the meaning of the term to something like the Des Moines system, as distinguished from the Galveston plan.

A straight commission form of municipal government, in the judgment of Dr. Charles W. Eliot, one of its most active advocates, requires a commission composed of five members elected at large, one of whom is called the mayor, acting as chairman of the commission, but with no veto power, or any other special power not shared by the other members of the commission. The commission so elected is the source of all authority in the city, makes all ordinances, appoints all officials, collects taxes, and makes all appropriations. As set forth by its advocates, the significant features of the plan, in addition to those already mentioned, are:

Assignment of the important divisions of the city government to individual members of the commission, or their election thereto by the voters, each being directly responsible for the conduct of his particular department; adequate compensation to the commissioners for their time and labor, the city employing all the commissioners at living salaries, thus elevating the dignity of municipal service and making it a public career, and not a mere avocation; regularity, frequency, and publicity of the meetings of the commissioners; all employees above the class of day laborers selected from eligible lists based on examinations, oral and written, carefully devised to develop merit and fitness; recommendations after examination by an independent civil service commission; provision for the retention in office of all employees so appointed during good behavior; the power to initiate legislation reserved to the people, this right being known as the initiative; the power to call for a public vote on any measure adopted by the commission before being given effect as law reserved to the people, this being known as the referendum; the power at any time to make any member of the commission stand for reelection reserved to the people, this being known as the recall; the granting of public franchise always to be submitted to the approval of the electors.

There are two other important features: the introduction of the principle of the short ballot and the elimination of ward lines. In the matured judgment of municipal students these are considered, together with the concentration of authority, as the most effective features of the system.11

Here is a pretty complete display of all the essential details of the system which the author of this definition intended to mean by the term "commission government for cities."

Where the term which is to be defined is the name of a general class, whether of persons, things, or events, the definition must show just what persons, things, or events are to be included under the term for the present purpose. Lincoln gave a famous example of this sort of definition in the opening of his address at Cooper Institute, February 27, 1860. He took for the text of the first part of his speech a statement of Senator Douglas.

In his speech last autumn at Columbus, Ohio, as reported in the New YorkTimes, Senator Douglas said, "Our fathers, when they framed the government under which we live, understood this question just as well, and even better, than we do now."

I fully indorse this, and I adopt it as a text for this discourse. I so adopt it because it furnishes a precise and an agreed starting point for a discussion between Republicans and that wing of the Democracy headed by Senator Douglas. It simply leaves the inquiry: What was the understanding those fathers had of the question mentioned?

What is the frame of government under which we live? The answer must be, "The Constitution of the United States." That Constitution consists of the original, framed in 1787, and under which the present government first went into operation, and twelve subsequently framed amendments, the first ten of which were framed in 1789.

Who were our fathers that framed the Constitution? I suppose the "thirty-nine" who signed the original instrument may be fairly called our fathers who framed that part of the present government. It is almost exactly true to say they framed it, and it is altogether true to say they fairly represented the opinion and sentiment of the whole nation at that time. Their names being familiar to nearly all, and accessible to quite all, need not now be repeated. I take these "thirty-nine," for the present, as being "our fathers who framed the government under which we live." What is the question which, according to the text, those fathers understood "just as well, and even better, than we do now"? It is this: Does the proper division of local from Federal authority, or anything in the Constitution, forbid our Federal Government to control as to slavery in our Federal Territories?

Upon this, Senator Douglas holds the affirmative, and Republicans the negative. This affirmation and denial form an issue; and this issue—this question—is precisely what the text declares our fathers understood "better than we."

Let us now inquire whether the "thirty-nine," or any of them, ever acted upon this question; and if they did, how they acted upon it—how they expressed that better understanding.

Here as will be seen, Lincoln took every important word and phrase, and showed exactly what persons and things were included under them. Then he went ahead with his argument with the assurance that his audience and he were treading the same path.

Somewhat similar are the definitions in many cases at law, where the issue is whether the agreed facts in a case come under a certain term or not. The Constitution of the United States provides that "direct taxes" shall be apportioned among the states in proportion to their population, but makes no such restriction on the levying of "duties," "imposts," and "taxes." When Congress establishes a new form of tax, therefore, such as the income tax or the corporation tax, the Supreme Court is pretty sure to be called on to decide under which of these large constitutional classes it falls. In such cases as the Income Tax cases, which decided that the income tax laid in the Act of 1904 was unconstitutional, and in the Corporation Tax cases, which upheld the Act of 1909, both the arguments of counsel and the decision of the court deal wholly with the definition of the term "direct tax." Here the definition takes the form of an examination of previous cases which involved the term, to see whether the present case is like those that have been held to be within it, or like those which have been held to fall outside it. From this comparison of the two sets of cases the essential characteristics of the direct tax are brought to the surface.

A good example of the careful distinctions which must be made in defining a legal term is found in Daniel Webster's famous argument in the White Murder Case, of which an extract will be found below. The question here is just how far the term "murder" shall be extended.

There are two sorts of murder; the distinction between them it is of essential importance to bear in mind: (1) murder in an affray, or upon sudden and unexpected provocation; (2) murder secretly, with a deliberate, predetermined intention to commit the crime. Under the first class, the question usually is, whether the offense he murder or manslaughter, in the person who commits the deed. Under the second class, it is often a question whether others than he who actually did the deed were present, aiding and assisting therein. Offenses of this kind ordinarily happen when there is nobody present except those who go on the same design. If a riot should happen in the court-house, and one should kill another, this may be murder, or it may not, according to the intention with which it was done; which is always matter of fact, to be collected from the circumstances at the time. But in secret murders, premeditated and determined on, there can be no doubt of the murderous intention; there can be no doubt if a person be present, knowing a murder is to be done, of his concurring in the act. His being there is a proof of his intent to aid and abet; else, why is he there?

It has been contended, that proof must be given that the person accused did actually afford aid, did lend a hand in the murder itself; and without this proof, although he may be near by, he may be presumed to be there for an innocent purpose; he may have crept silently there to hear the news, or from mere curiosity to see what was going on. Preposterous, absurd! Such an idea shocks all common sense. A man is found to be a conspirator to commit a murder; he has planned it; he has assisted in arranging the time, the place, and the means; and he is found in the place, and at the time, and yet it is suggested that he might have been there, not for cooperation and concurrence, but from curiosity! Such an argument deserves no answer. It would be difficult to give it one, in decorous terms. Is it not to be taken for granted, that a man seeks to accomplish his own purposes? When he has planned a murder, and is present at its execution, is he there to forward or to thwart his own design? Is he there to assist, or there to prevent? But "curiosity"! He may be there from mere "curiosity"! Curiosity to witness the success of the execution of his own plan of murder! The very walls of a court-house ought not to stand, the plowshare should run through the ground it stands on, where such an argument could find toleration.

It is not necessary that the abettor should actually lend a hand, that he should take a part in the act itself; if he be present ready to assist, that is assisting.... The law is, that being ready to assist is assisting, if the party has the power to assist, in case of need. It is so stated by Foster, who is a high authority. "If A happeneth to be present at a murder, for instance, and taketh no part in it, nor endeavoreth to prevent it, nor apprehendeth the murderer, nor levyeth hue and cry after him, this strange behavior of his, though highly criminal, will not of itself render him either principal or accessory." "But if a fact amounting to murder should be committed in prosecution of some unlawful purpose, though it were but a bare trespass, to which A in the case last stated had consented, and he had gone in order to give assistance, if need were, for carrying it into execution, this would have amounted to murder in him, and in every person present and joining with him." "If the fact was committed in prosecution of the original purpose which was unlawful, the whole party will be involved in the guilt of him who gave the blow. For in combinations of this kind, the mortal stroke, though given by one of the party, is considered in the eye of the law, and of sound reason too, as given by every individual present and abetting. The person actually giving the stroke is no more than the hand or instrument by which the others strike." The author, in speaking of being present, means actual presence; not actual in opposition to constructive, for the law knows no such distinction. There is but one presence, and this is the situation from which aid, or supposed aid, may be rendered. The law does not say where the person is to go, or how near he is to go, but that he must be where he may give assistance, or where the perpetrator may believe that he may be assisted by him. Suppose that he is acquainted with the design of the murderer, and has a knowledge of the time when it is to be carried into effect, and goes out with a view to render assistance, if need be; why, then, even though the murderer does not know of this, the person so going out will be an abettor in the murder.

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