■ ■ < v ' Class PK*H1U Book Copyright^ . COPYRIGHT DEPOSIT. RHETORIC ^ AS AN ART OF PERSUASION, FROM THE STANDPOINT OF A LAWYER. By AN OLD LAWYER. •: — , m,ss-(£ l DES MOINES, IOWA: Mills & Company, Law Publishers. 1880. Entebed Accobding to Act of Congbess, In the year one thousand eight hundred and eighty. By MILLS & COMPANY, In the Office of the Librarian of Congress, . at Washington. MILLS & COMPANY, STEBEOTYPEBS AND PBINTEBS, DES MOINES. To Students of Law, AND OTHER YOUNG GENTLEMEN WHOSE TASTE MAY INCLINE THEM TO LEARN SOMETHING CON- CERNING THE ART OF DEBATE AND PUBLIC SPEAKING, THIS ESSAY IS RESPECTFULLY INSCRIBED, BY THE AUTHOR. Keokuk, Iowa, a. d. 1880. PREFACE. RHETORIC AS AN ART OF PERSUASION IN ITS APPLICA- TION TO FORENSIC DISCUSSIONS SPECIALLY, AND TO PUBLIC SPEAKING GENERALLY, FROM THE STAND- POINT OF A LAWYER. Having been engaged in the almost constant study of the law and kindred subjects since the autumn of 1835, and in the practice of the law since the spring of 1S39, it occurred to me several years ago, that my long experience at the bar might perhaps enable me to write something of practical utility and benefit not only to students of law and younger members of the legal fraternity, but also to other young gentlemen of literary tendencies and honor- able ambition. Eeflecting upon a theme to write upon, I wondered at the fact that there are so many gentlemen of liberal edu- cation and good reasoning capacity, who yet cannot ex- press themselves in public on the most trite subject with- out stammering and being abashed ; and, especially, how many lawyers there are, who, though learned and skilled in the principles and precepts of law, are indifferent as advocates ; and believing thafc acuteness in argument, and eloquence in speech, are, as a general rule, rather ac- quired powers than natural gifts, it occurred to me that if I could write with credit on any subject at all, I could use my pen to no greater advantage than to express my ideas briefly, but generally, concerning public speeches, whether at the bar or elsewhere; to instruct the student PREFACE. of oratory with the statement of a few plain and practi- cal rules,- which if properly noted and observed, will the most speedily conduct him successfully to the goal of his ambition. Accordingly in the spring of A. D. 1877, 1 embraced the opportunity to withdraw for a short period from profes- sional and other business engagements, and wrote the essay, following, to-wit : " Rhetoric as an art of persuasion in its application to forensic discussions specially, and to public speaking gen- erally, from the standpoint of a lawyer." Although the state of Ohio is now justly distinguished for the efficiency of its common school system, and its many seminaries for instruction in the higher depart- ments of literature, yet, when I resided there in my school- boy days, the system of common schools had not been adopted, and our means of education were very limited, being such only as could be got at private schools, which were usually taught in log buildings, and seldom longer than during the winter months of the year. Little or no attention was given by our teachers of those days to either elocution or rhetoric ; and, indeed, I have no recol- lection of ever having received a lesson or heard a lecture in reference to tones and modulations of voice, or of the arrangement of words and sentences into a discourse or argument, until after I had passed into the years of man- hood. Indeed, in those days, in the section of country referred to, the speaking of the pulpit (where the preacher, with white neck-tie, stood erect in his dress of black, and read his sermon in monotonous tones from a manuscript be- fore him, with one arm hanging at his side, and the other engaged in turning over sheets of paper), was considered the par excellence of attitude, gesticulation, and oratory; and an impassioned speaker, especially if he indulged in PREFACE. 7 much gesticulation, however graceful and natural it might be, would hardly have been tolerated. The consequence was, that when I came to the bar, I was very deficient in the art of public speaking, and es- pecially so in elocution, or mode of utterance with proper gestures ; defects which still exist in me of which I am often painfully impressed. And I soon saw that if a lawyer would secure good retainers and win popular ap- plause, it is not sufficient for him to be learned in the ele- ments and practice of his profession, and to be enabled to explain the difference between the subject and predicate of a legal proposition; but he must also be enabled to advocate his client's cause in " thoughts that breathe, and words that burn." I was then too far advanced in life, besides being too much hampered with business affairs, to attempt the study of elocution, which requires much practice and the aid of a competent teacher; but I still thought I saw some hope of my success at the bar, if I made a specialty of the study of rhetoric, and accordingly I devoted such time to its study as I could spare from my professional and other engagements during the first several years after my admission to the bar. I studied many American and English authors on the subject of rhetoric, but found nothing in them to compare in usefulness and thorough- ness of instruction to Quintillian's Institutes of Oratory. He, it appears to me, has left nothing unsaid on the sub- ject of rhetoric which can be profitable to study or know. His work is quite extensive, and it requires months of severe study to fully understand and appreciate it; but whoever will undergo the necessary labor, will find the rules and principles there laid down a never-ending source of both pleasure and profit. Pope in his " Essay on Criticism," says : u In grave Quintillian's copious works we find The justest rules and clearest method joined." 8 PREFACE. For illustration of ideas and precepts, numerous quota- tions have been introduced into the essay. Quotations in frequent use, and the authors of which are supposed .to be generally known, are indicated simply by quotation marks ; but where supposed to be not generally known, the names of the authors are stated. To aid the memory in its recollection of details, and also for advantage of reference, the essay is divided and subdivided into chapters and sections. DANIEL F. MILLER, Sr. Keoktjk, Iowa, A. D. 1880. CONTENTS. PAGE. Preface, -------5 CHAPTER I. What Rhetoric is, - - - - - 11 CHAPTER II. Divisions of a Speech, - - - - - 13 Section 1. Exordium, ------ 13 Section 2. Statement of the case, - - - - - 23 Section 3. Argument, ------ 40 Section 4. Peroration, -.-.-- 79 10 CONTENTS. CHAPTER III. Figures of Speech, Metonomy, - Syneodoche, Exclamation, Comparison, Metaphor, - Allegory, Hyperbole, - Rhetorical dialogue, Interrogation, Personification, Vision, ^Apostrophe, Antithesis, - Epimone, Irony, Climax, PAGE. 85 • S6 87 - 87 8S 93 05 99 100 124 124 134 136 140 146 149 152 CHAPTER IV. General Reflections on speech delivery, natural and artificial language, and application - - 157 CHAPTER V. Concluding Remarks, - 170 RHETORIC AS AN ART OF PERSUASION. CHAPTER I. WHAT RHETORIC IS. Rhetoric in its most comprehensive sense, is, simply, the art of persuasion, whether by written or printed compositions, by private conversations, or by public speeches; but in its most common signification, it is the art of persuasion by public speaking, commonly called oratory. Rhetoric and logic are sometimes con- founded in idea, but they are not the same in signification in all regards. Logic in its strict meaning is simply the art of thinking and reasoning correctly. Its purpose is to direct the understanding cor- rectly "in its investigation of truth, and the communication of it to others." But it aims not to influence the will, except so far 12 RHETORIC AS AN ART OF PERSUASION. as truth in its simple and unadorned garb can accomplish that purpose. The leading idea of logic is truth for its own sake, and the influencing of the will is only one of its incidents. But the chief purpose of rhetoric is to in- fluence the will, and hence logic is neces- sarily a part of rhetoric, since a speech which is not more or less supported by rea- soning, is simple rhapsody. Ehetoric arranges arguments in the mode best calculated to make impression, and in- structs how to avoid the devices of the sophist; it calls to its aid the glow of imagination, the brilliancy of wit, the shading of sympa- thy, the flowers of poetry, the graces of elo- cution or delivery, and the figures of speech. In a word it (rhetoric) considers man an emotional as well as rational being, and ad- dresses him accordingly. In the terse lan- guage of Kev. J. G.Wilson, "Conversation is not oratory; lecturing is not oratory; the orator is the effective persuasive speaker. Eloquence is logic set on fire; it quickens the emotions, it incites the sensibilities, it prompts the will to action." DIVISIONS OF A SPEECH. 13 CHAPTER II. DIVISIONS OF A SPEECH. Order and system are God's first law of nature for the government of the material universe, and every one who has devoted much time to literary pursuits, knows, that order and system are equally essential for the successful pursuit of knowledge, and that without them, the effort will be barren of results. Oratory is no exception to these rules, and the simplest order and division of a speech by which it may be most readily and successfully attained, is, into 1st. Exor- dium, 2nd. Statement of the case, 3rd. Argu- ment (consisting of confirmation and confu- tation), and 4th. Peroration. Section 1. Exordium. The Exordium is the commencement of the speech ; it is the self introduction of the speaker to the audience, and its purpose is 14 EHETORIC AS AN ART OF PERSUASION. to conciliate them, and prepare their minds to give the cause he advocates, if not a favorable, at least an impartial hearing. The exordium can be seldom dispensed with to advantage, since if it is judiciously han- dled, it not only secures an impartial recep- tion from the hearers, but also constitutes an embellishment of what is to follow, the same as a stately building shows to more architectural advantage, with a properly ad- justed portico at its front external opening or entrance. When the audience is laboring under a high pressure of mental excitement, and especially if in known sympathy with the speaker, he may often with advantage omit the exordium altogether, as Cicero did in his famous speech against Cataline, commenc- ing; "How far, ! Cataline ! wilt thou abuse our patience? How long shall thy frantic fury baffle the ends of justice? " A proper respect for the audience requires that the exordium should, as a general rule, be spoken in a low, modest, and subdued tone of voice; but common sense and expe- rience are the only true guides of what should constitute the subject-matter of the exor- dium. If the audience is favorably disposed, DIVISIONS OF A SPEECH. 15 a few words generally suffice for an exordium ; but if otherwise, a longer introduction of conciliatory ideas and expressions is neces- sary. Able logicians, so far as dry argument is concerned, often fail as advocates and popu- lar speakers, because of not approaching their hearers with a becoming introduction; while others with less logical ability, but more practical sense, by proper words of conciliation at the start, carry off the palm of victory. And although the exordium is the com- mencement of the speech, it should seldom if ever be prepared until the other parts of the address are fully matured and settled upon. As in building a house the portico is the last thing to be erected, and must be constructed to bear a proper relation to the other parts of the main edifice, so the exor- dium though placed at the front of the speech, cannot be judiciously prepared until what is to follow shall be fully matured and known. In hearing a set speech the edu- cated mind can generally tell before the ad- dress is half through whether the exordium is prepared first or last; and if first, in nine cases out of ten there will be such an incon- 16 RHETORIC AS AN ART OF PERSUASION. gruity in the several parts of the discourse, that it will be pronounced a failure. On several occasions I have heard speakers of con- siderable celebrity commence with lengthy and stately exordiums, and follow with ar- guments which had hardly a good or solid idea in them. A grandiloquent or flashy opening, followed by a dearth of argument, is always offensive to the intelligent ear, and should be avoided. Cicero was particularly careful in the pre- paration of his exordiums. And it would «be well for the student of oratory to study him in this regard with special attention. His plan, usually, was first to mature his argu- ment, and then prepare the exordium, though he sometimes commenced without an exor- dium, as in his speech against Cataline, here- tofore referred to, where the excitement of the occasion engaged him in debate, without regard to the formal parts of oratory. Whoever is able to speak at all in public, and will go to the trouble of studying the exordiums of the eminent orators of modern and ancient times, will hardly ever fail when he arises to address an audience, in saying such things in his opening remarks as will secure him a favorable hearing. Orators are DIVISIONS OF A SPEECH. 17 not born such, but made by severe study; and though the two great orators of anti- quity (Cicero and Demosthenes) were each unquestionably endowed with good natural genius, yet it was their application and study of the masters who preceded them, united with their gifts of nature, which enabled them to reach the pinnacle of oratorical character and fame. The world is full of instances where men of but moderate intellectual endowments, have by study and application excelled others in the field of oratory, whose natural genius was indisputable, but who were too idle to properly improve the facul- ties with which God had blessed them. EXAMPLES OF EXORDIUM. American Declaration of Independence. The Declaration of Independence contains in its first paragraph a most pertinent and elegantly expressed exordium; thus: "When in the course of human events, it becomes nec- essary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind re- quires that they should declare the causes which impel them to the separation." 2 18 RHETORIC AS AN ART OF PERSUASION. Next follows a specification of the causes and justification of separation, which in rhetorical idea, is, simply, a a statement of the case," (which will be explained hereafter) commencing: "We hold these truths to be self-evident," etc., etc. CICERO. During the rule and proscription of Sylla when great personal danger followed any opposition to the wishes or measures of that cruel and relentless tyrant, one of his freed- men, and a favorite, too, of the tyrant, wish- ing to get possession of a farm owned by one Roscius, fabricated against him the charge that he had been guilty of parricide, and not only prosecuted him for that alleged crime, but, also, even produced a witness who swore, though falsel} 7 , to the truth of the allegation. The case was tried to judges, there being no jury trial known to Roman jurisprudence, and had Roscius been con- victed, his life would have been sacrificed, and his property would have been seques- trated for the benefit of his accuser. Roscius applied for assistance to old and experienced advocates, but who declined to defend him for fear of the displeasure of DIVISIONS OF A SPEECH. 19 Sylla, and as a last resort he applied to Cic- ero, who nobly undertook his defense and defended him, and by his eloquence procured an acquittal. This defense was made soon after Cicero first appeared as a pleader of causes in law proceedings, and it is alleged that the speech from which the following example of exor- dium is taken, was the first ever made by him in a criminal proceeding: " I imagine that you, judges, are marveling why it is that when so many most eminent orators and most noble men, are sitting still, I, above all others, should get up, who neither for age, nor for ability, nor for influence, am to be compared with those who are sitting still. For all these men whom you see present at this trial, think that a man ought to be defended against an injury contrived against him by unrivaled wickedness; but through the sad state of the times they do not dare to defend him themselves. So it comes to pass they are present here be- cause they are attending to their business, but they are silent because they are afraid of danger. What then? Am I the boldest of all these men ? By no means. Am I then so much more attentive to my duties than the rest? I am not so covetous of even that praise, as to wish to rob others of it. What is it then which lias impelled me beyond all the rest to undertake the cause of Roscius ? Because if any one of those men, men of the greatest weight and dignity, whom you see present, had spoken, had said one word about public affairs, as must be done in this cause, he would be thought to have said much more than he really had said; but if I should say all the things 20 RHETORIC AS AN ART OF PERSUASION. which must be said, with ever so much freedom, yet my speech will never go forth, or be diffused among the peo- ple in the same manner. Secondly, because anything said by the others cancot be obscure, because of their nobility and dignity, and cannot be excused as being spoken care- lessly, on account of their age and prudence ; but if I say anything with too much freedom, it may either be alto- gether concealed, because I have not yet mixed in public affairs, or pardoned on account of my youth; although not only the method of pardoning, but even the habit of examining into the truth is now eradicated from the state- There is this reason, also, that perhaps the request to un- dertake this cause was made to the others so that they thought they could comply or refuse without prejudice to their duty. * * * On these accounts I have stood forward as the advocate in this cause, not as being the one selected who could plead with the greatest ability, but as the one left of the whole body who could do so with the least danger." HENRY CLAY. Henry Clay usually introduced his speeches with stately and beautifully expressed exor- diums. In 1842 he introduced into the Sen- ate of the United States, several resolutions relative to the revenue, public lands, tariff, etc., as indicative of "A true public policy" ; and in his speech advocating them, com- menced as follows: "Mr. President: The resolutions which are to form the subject of the present discussion, are of the greatest im- portance, involving interests of the highest character, and a system of policy, which in my opinion, lies at the bot- DIVISIONS OF A SPEECH. 21 torn of any restoration of the prosperity of the country. In discussing them, I would address myself to yo*u in the language of plainness, soberness, and truth. I did not come here as if I were entering a garden full of flowers and of the richest shrubbery, to cull the tea roses, the japonicas, the jasmines and woodbines, and weave them into a garland of the gayest colors, that by the beauty of the assortment, and by their fragrance, I may gratify fair ladies. Xor is it my wish, (it is far, far from my wish) to revive any subjects of a party character, or which might be calculated to renew the animosities which have unhap- pily hitherto prevailed between the two great political parties in the country. My course is far different from this; it is to speak to you of the sad condition of our country ; to point out not the remote and original, but the proximate, the immediate causes which have produced, and are likely to continue our distresses, and to suggest a remedy. "If any one, in or out of the Senate has imagined it to be my intention on this occasion to indulge in any ambi- tious display of language, to attempt any rhetorical flights, or to deal in any other figures than figures of arithmetic, he will find himself greatly disappointed. "The farmer if he is a judicious man, does not begin to plough until he has first laid off his land, and marked it off at proper distances by planting stakes by which his ploughmen are to be guided in their movements : and the ploughman accordingly fixes his eye upon the stake oppo- site to the end of the destined furrow, and then endeavors to reach it by a straight and direct furrow. These resolu- tions are my stakes." DEMOSTHENES. When Demosthenes delivered his first speech against the king of Macedon which 22 RHETORIC AS AN ART OF PERSUASION. was followed by several others, all of which are now termed his "Philippics/' he was but thirty years of age, which made it nec- essary for him to apologise in his exordium "for his zeal in rising before the other speakers," and which he did in the following terse and expressive terms: "Athenians: Had we been convened on some new subject of debate, I had waited until most of the usual persons had declared their opinions. But since those very points on which these speakers have oftentimes been heard already, are, at this time, to be considered, though I have risen first, I presume I may expect your pardon ; for if they on former occasions had advised the necessary measures, ye would not have found it needful to consult at present." PATRICK HENRY. The great Virginia orator was much op- posed to the change from the Articles of Confederation, to the United States Consti- tution, and in the Virginia Convention of 1788, to consider the question of the adop- tion of the Constitution, opposed the change in a speech remarkable for its energy of both thought and language. The following was its exordium: " Mr. Chairman : The public mind, as well as my own, is extremely uneasy at the proposed change of govern- ment. Give me leave to form one of those who wish to DIVISIONS OF A SPEECH. 23 be thoroughly acquainted with the reasons of this perilous and uneasy situation, and why we are brought hither to decide on this great national question. I consider myself as the servant of the people of this commonwealth, as a sentinel over their rights, liberty, and happiness. I rep- resent their feelings when I say that they are exceedingly uneasy, being brought from that state of full security, which they enjoy, to the present delusive appearance of things. Before the meeting of the late federal convention at Philadelphia, a general peace, and an universal tran- quility prevailed in this country, and the minds of our citizens were at perfect repose ; but since that period they are exceedingly uneasy and disquieted. * * * If our situation be thus uneasy, whence has arisen this fear- ful jeopardy?" Section 2. Statement of the Case. After the exordium, the next step properly in the course of a speech, is, what is termed a "Statement of the Case," which is defined by Quintillian to be, "An account of a thing done or suffered to be done." Apollodorous, a writer previous to Quintillian, defines it to be, "A narrative to inform the audience what the matter in question is," and which is the more perspicuous and accurate defini- tion. Lawyers when addressing a court in a legal proceeding, seldom find difficulty in presenting an appropriate statement of the 24 RHETORIC AS AN ART OF PERSUASION. case when it relates simply to a question of law; but when it is one of fact, the ascer- tainment of which requires research into evidence of a complicated or contradictory character, there is nothing probably in the practice of the law more perplexing to com- prehend, or difficult to explain in clear and expressive terms, than a statement of the case; to state it in such terms that they who are to decide the question in controversy, shall properly understand its salient points, and be the better enabled to comprehend the evidence as it is introduced, and arrange it under methodical consideration. The clergy usually commence their ser- mons by reading a text or portion of scrip- ture, to be followed by argument, exposition, or exhortation; and, consequently, they find less difficulty in presenting the statement of the case for the consideration of their hear- ers. Lecturers on scientific subjects frequently find it quite difficult to find terms suffi- ciently clear and expressive, to enable the common class of hearers to properly com- prehend the point or question to be dis- coursed upon. But be the subject matter of the discourse DIVISIONS OF A SPEECH. 25 or controversy what it may, it is very certain that no one well versed in the art of rhetoric as applied to public speaking, will engage in a general discussion on the merits of the matter under consideration, until he shall have first made a statement of the case in terms explicit and clear to the most ordinary comprehension. A partial discussion of the question, before a statement of the case, may be, under certain conditions, advisable, as will be explained hereafter in the re- marks concerning argument. To argue a matter in detail without hav- ing first defined its parts and general prop- erties in precise and proper terms, is like putting a cart and its load before the horse, and compelling him to push it ahead of him, instead of placing it behind him where he will have the advantage of the draw. And yet how many speeches are delivered where the audience has to listen until it becomes wearied, before it can ascertain the point or points the speaker is aiming to advocate or controvert! When the hearer comprehends at the start the question to be discussed, his curiosity will naturally incline him to give a willing ear to learn on which side of the case the 26 RHETORIC AS AN ART OF PERSUASION. truth lies, or where the weight of the argu- ment is to be found. The sophist when he finds he is most likely to be worsted by legitimate reasoning on the general merits of the matter in controversy, will seek to create a new issue, or to confine the discussion to one or more of its parts or properties, which may be more or less sus- ceptible to unfavorable criticism, and win success, if possible, in a display of words and assumed confidence. Hence the speaker who feels that he has right on his side, should not only confine his remarks closely to the question in controversy, but watch, also, to see that his antagonist does not depart from it, and originate what in law is termed a "false issue," and in logic "a misapprehen- sion of the question," of which more will be said hereafter. The rule recommended by Blair, in his treatise on rhetoric, relative to forensic dis- cussions, to-wit: "To show clearly in the statement of the case, what is the point in debate, what we admit, what we deny, and wherein is our disagreement with the ad- verse party," is a rule which applies with equal force to all discourses of a controver- sial character. DIVISIONS OF A SPEECH. 27 Mr. Lincoln, though not always very choice or elegant in his language, owing doubtless to his defective early education, yet was one of the most effective public speakers whom the United States has produced. He had a peculiar gift of "putting things," as he termed it, in such shape, that the point he advocated or opposed, would be readily un- derstood by all. /-When asked how it was that he could so readily and clearly state a proposition, he replied: "Among my earliest recollections I remember how, when a mere child, I used to get irritated when anybody talked to me in a way I could not understand. I don't think I ever got angry at anything else in my life. But that always disturbed my temper. I can remember going to my little bedroom after hearing the neighbors talk of an evening with my father, and spending no small part of the night walking up and down and trying to make out what was the exact meaning of some of their, to me, dark sayings. I could not sleep, though I often tried to, when I got on such a hunt after an idea until I had caught it, and, when I thought I had got it, I was not satisfied until I had put it into language plain enough, as I thought, for any boy I knew to comprehend. This was a kind of pas- sion with me; it has stuck by me; for I am never easy now, when I am handling a thought, till I have bounded it north, and bounded it south, and bounded it east, and bounded it west." Hon. J. F. Dillon, whose learning as a law- yer, and whose long experience as a judge, 28 RHETORIC AS AN ART OF PERSUASION. first of the Supreme Court of Iowa, and next of the Circuit Court of the United States, gave him superior opportunity to judge dis- creetly of whatever relates to forensic speak- ing, has done me the favor in a letter in re- ply to one I had previously sent him, to give me his views in relation to the statement of the case, which are so pertinent, well con- sidered, and elegantly expressed, that I feel quite thankful in having them before me to publish; and which are as follows; to-wit: " Nothing can exceed the importance of a proper state- ment of the case in a law speech. Not one lawyer in twenty can state a case neatly, logically, compactly. They begin in the middle, they introduce irrelevant and imma- terial matters, useless details, and everything else that is bad. A case ought to be opened leaf by leaf as a rose un- folds. The late Judge Curtis was a model lawyer, and every student ought to study the cases reported in his two volumes of Circuit Court reports, with the sole aim of learning how to state a case. The opinions of Chief Jus- tice Marshall are admirable in this respect." Judges Curtis and Marshall well deserve the compliment extended to their memories by Judge Dillon in the lines above quoted. Their fame as lawyers and upright judges, is the pride and glory of the American bar. Their decisions in cases adjudicated by them, constitute a store house of legal literature, DIVISIONS OF A SPEECII. 29 which the student of law will do well to visit frequently, to gather treasure for use in his future professional career. He may hy close study and application learn from elementary law treatises what the law is, and what rela- tion it bears in general to human affairs; but if he would get to its depths and stand emi- nent as an advocate, he must familiarize himself with judicial decisions which ex- plain the principles on which law is based, and exemplify its reason and spirit by spe- cial examples and illustrations. Hedges, in his neat and elegant treatise on logic, says, a "misapprehension of the question," is, "when the arguments employed are of a nature to establish some other point foreign to the question in debate, as if a person should attempt to prove that Alfred the Great was a scholar by affirming only that he founded the University of Oxford, or that Peter the Hermit was not a christian, by proving that he was an ignorant fanatic. Neither of these facts" (continues Hedges, truly) "has any necessary connection with the question to be proved, for a man may be a patron of science without being learned himself, and an ignorant fanatic may b believer in Christianity." 30 RHETORIC AS AN ART OF PERSUASION. The "misapprehension of the question," is the reverse in idea, to that rule of law which requires evidence to correspond with the allegations contained in the pleadings of contestants, and to be confined to the point or points in issue between them; and which rule excludes all evidence of collateral mat- ters which do not raise a presumption or in- ference in affirmation or denial of the ques- tion in controversy. Examples. 1. Thus between a landlord and tenant on the question whether the rent was payable quarterly or half yearly, evidence of the mode in which other tenants paid their rent to the same landlord was excluded as irrelevant. 2. When the question was as to the quality of beer to be furnished by the plaintiff to the defendant, it was held that evidence could not be admitted of the quality of beer supplied by the plaintiff to other persons. But had it been further proved that the beer furnished to the other per- sons, came out of the same cask or vessel as the beer in controversy did, then such evidence would have been competent. 3. Upon the trial of an issue whether smoke issuing from the manufactory of A, was prejudicial to the prem- ises of B, evidence that A had paid money to C, the owner of premises adjacent to those of B, for alleged damage occasioned by the smoke, is irrelevant and not admis- sible. DIVISIONS OF A SPEECH. 31 4. In an action for slander for accusing a teacher of ill treatment of his scholars, evidence of the treatment of scholars In any other particular school, is not relevant. 5. Thucydides relates that in an assembly of Athenians called to consider on the conduct of the Mitylenians, who had been guilty of revolt. Cleon indulged in severe denun- ciation of the revolters, and demanded they should be put to death. But Diodutus turned the force of the invectives of Cleon, by explaining to the Athenians that they were not sitting in judgment, but in deliberation, of which the proper end is expediency. 6. A charge that defendant diverted and turned a stream of water, is not sustained by evidence that he in- terrupted its course by a dam, and caused it to flow back upon plaintiffs premises. 7. Action by husband and wife upon a promise made to them jointly, is not sustained by evidence of a promise made to her before marriage. 8. Action on alleged contract to build a ship, is not sus- tained by evidence showing the contract was to finish a ship already partly built. 9. Action on a demise for three years, is not sustained by evidence of a lease for one year certain and two year's further possession, on same terms, by consent of the owner of the land. 10. A sued B and C for six head of beef cattle, sold and delivered to them jointly. B made no defense, and C de- fended, and by his plea denied he had either separately, by himself, or jointly, with B, bought said cattle. On the trial A introduced evidence tending to show that he had sold and delivered the cattle to B and C jointly ; and C (being a competent witness for himself where the trial occurred) testified that he did not either separately or 32 RHETORIC AS AN ART OP PERSUASION. jointly buy said cattle from A. C was then proceeding to testify that he had bought four of the cattle from B, who had bought the cattle from A ; but the court rejected and ruled the evidence in regard to the purchase from B as incompetent for irrelevancy ; the issue being not whether C had purchased of B, but whether B and C had jointly purchased of A. 11. A, as indorsee of a promissory note, sued B on his indorsement of said note, and in his petition averred de- mand, notice, and protest, which were necessary requisites to be alleged in the petition, and to be proved on the trial, to enable A to maintain his action. But on the trial A failed in his proof of demand, notice, and protest, and then sought to maintain his action by proof that subse- quent to the time for demand, notice, protest, B, with full knowledge of the facts, had agreed to pay the note ; but the court ruled against the admission of that evidence, because it had not been made an issue in the pleadings. 12. Where in a suit on a written contract for sale and delivery of corn, the only plea of defendant was that he did not execute the writing sued upon. Defendant failing in the evidence on the plea he had made, sought to get rid of the action by an offer to prove that subsequent to the execution of the contract, a new arrangement had been made, which released him from his obligation to deliver the corn ; but the court refused to admit that evidence, because it was not relevant to the issue created by the pleadings. 13. A sued a railroad company for an injury to his per- son occasioned (as his petition alleged) by the negligence of defendant in not keeping its road-bed where the injury occurred in proper repair, and on the trial offered evidence to prove that the road-bed was out of repair generally, and at other parts as well as where he was injured; but DIVISIONS OF A SPEECH. 33 ourt ruled against the evidence, because the issue did not relate to the general character of the road as to its safe or unsafe condition, or whether there were other parts of the road-bed iii an unsafe condition; but whether the road was unsafe where A was injured, and whether it (the place where A was injured) was, under the facts detailed by the evidence, negligence in defendant not to have discovered its condition and have had it repaired before A was injured. 14. In an action against a railway company for dam- ages for causing the death of plaintiff's intestate, evidence to the effect that the company offered to pay the latters funeral expenses, is not material. 15. In the trial of a contested election case, evidence respecting mistakes made in the count of votes for other officers voted for at the same election, is immaterial. 16. Occasionally are to be found clergymen who have had the advantages of a collegiate education, and are well educated in general literature, as well as Bible reading, and, yet, when they preach, will discourse on almost any other point of religious doctrine than the one which the text they have read specially relates to. This comes from negligence of thought, and can be obviated by very little care and attention. To make preaching effective, and leave lasting impression on the minds of the congrega- tion, the clergyman should confine the argumentative part of his discourse, as near as possible, to the idea con- tained in the text, and, especially so, as the peroration in a speech from the pulpit opens a wide field for digression and exhortation. » "The chief requisite," remarks Quintillian in his Institutes of Oratory, "is to keep the point in dispute, an J that which we wish to 3 34 RHETORIC AS AN ART OF PERSUASIOX. establish, constantly before our eyes; because if we keep to one object, we shall not be led into useless altercation, or waste the time due to the cause in railing." What is termed in law " special pleading," which requires each party to state in precise and formal words the fact or facts on which he relies for cause of suit, or for ground of defense, as the case may be, is specially well calculated to educate the mind to the close observance of the issue in controversy, and to the rejection of everything of an irrele- vant character. A thorough knowledge of "special plead-, ing," is of special importance to the student of law, because, as expressed by Judge Story, it (special pleading) "contains the quintes- sence of the law, and no man ever mastered it who was not by that very means, made a profound lawyer." And when he (the student of law) is ad- mitted to the Bar, and is engaged in the trial of a cause, he should, especially, if the trial be to the jury, watch closely to pre- vent the admission of evidence not strictly relevant to the issue made by the pleading. or which may be incompetent for any other cause. Because though after the admission DIVISIONS OF A SPEECH. 35 of evidence which is not legally competent, it should be subsequently ruled out by the court, and the jury be instructed to disregard it, yet, possibly, notwithstanding such ruling by the court, it may make a lodgment more or less in the minds of the jurors, and in a case doubtful on the legitimate evidence, in- fluence them to give the benefit of the doubt to the party whose evidence is ruled out af- ter being heard by them, especially if that evidence inclines to his favor. It is difficult for jurors unlearned in law to always appreciate the reasons for the withdrawal of evidence by the court which has once got before them, and the best way to keep them out of that embarrassment, is diligently, to watch and prevent the admis- sion of improper evidence, by objecting to it and resisting it at the threshold. The ordinary place for the statement of the case is immediately after the exordium; but sometimes it may be placed with advan- tage before the exordium; and where the question at issue is, from any cause, already properly understood bj r the audience, a formal statement of the case may with propriety be omitted altogether. There is no certain rule in oratory as in 36 RHETORIC AS AN ART OF PERSUASION. mathematics, and experience and common sense will often nob only allow, but show, an advantage in departure from the ordinary rules of speaking. If circumstances require a formal state- ment of the case, but for some special rea- son it is required to precede the exordium, it may be well, after the exordium is deliv- ered, to again re-state the issue, or issues, in controversy; for the exordium and state- ment of the case are parts of the same in- tellectual edifice, u,nd to have their full force and effect in the way of persuasion, should, as a general rule, stand in close proximity with each other, with the exordium in front. This essay having at my request been re- viewed by that distinguished divine, and eminent pulpit orator, Rev. W. S. Craig, pastor of the First Presbyterian Church of Keokuk, Iowa, he favored me with several criticisms which I approved, and changed the essay to conform thereto. He also pen- ned a criticism on what is said in the essay several pages back in reference to the state- ment of the case from the pulpit, which though I do not fully acquiesce in, yet be- cause of the learned source from whence the criticism comes, and that it is but fair to DIVISIONS OF A SPEECH. 37 let the pulpit speak for itself, I here give a copy of it as follows; to-wit: "Touching your statement of the case when you say 'The pulpit has less difficulty in the statement of the case,' I would differ with you here. The clergyman has a far more promiscuous audience to deal with than falls to the lot of the lawyer, whose addresses are directed to judges and juries. So it becomes a matter of extreme delicacy and difficulty for the clergyman to strike the proper me- dium in the statement of his case, so as not to offend the delicate taste of the cultivated and refined, nor yet go be- yond the capacity of his humble hearers. "Another difficulty arises from the nature of the themes that form the subjects of pulpit discourse; men have got so used to them as to regard them in a great degree as matters of course. In dealing with the great questions of sin and personal holiness, it becomes a task of extreme difficulty, to state them so as they shall reach the individ- uality of the personal conscience. " It is a very conceivable tiling, and a matter which the experience of all clergymen can testify as common, for a person to listen to a discourse in which the deformity of sin is portrayed even with graphic power, and yet look upon it as the portraiture of a great abstraction, having no connection with the personal self, and, therefore, excit- ing very little of his interest. But with the subjects of the bar it is altogether different. The concrete form in which they are presented, enables the speaker to arouse the attention with far less effort. The interest of an audi- ence can be far more easily excited in regard to the enor- mity of injustice by seeing it embodied in a human per- sonality; while on the part of the clergyman it requi great amount and fertility of inventive genius, 'to state his case' upon subjects with which men are very familiar in a way that will arouse and compel attention. 38 RHETORIC AS AN ART OF PERSUASION. " Then again the clergyman must every week ' project ' his discourse before he can go a single step. The lawyer has his discourse 'projected' by the circumstances and facts of the given case." Hon. S. F. Miller, Justice of the Supreme Court of the United States, who stood in the front rank of the advocates and lawyers of Iowa, before he was appointed to the bench, has favored me with a criticism of this essay, which so far as it relates to the statement of the case, I will here copy. Judge Miller's ability as an advocate united with his long experience as a justice of the Supreme Bench of the United States, before which tribunal the best oratorical talent of the United States frequently appears and speaks, give peculiar importance to his views as ex- pressed to me, and here copied, as follows: "The meaning of this phrase" (statement of the case) "is such a preliminary statement to the judge or jury of the matters of law or of fact, or of both, as will enable the persons addressed to comprehend the nature of the questions to be discussed, and the main proposition on which the speaker relies to establish his case. These are afterwards amplified, illustrated, and sustained by refer- ences to testimony, to the inferences to be deduced from that testimony, and to principles of law involved in the case, supported by appropriate citations of authority. "But to enable the judge or jury to understand fully, and appreciate correctly, the force and value of the more i DIVISIONS OF A SPEECH. 39 elaborate argument, it is necessary in the first instance to give a clear view of the aspect of the case; of the matter to be decided, and of the elements of which that decision must be composed. This object is not successfully at- tained either by the announcement that certain abstract questions of law are necessary to be decided in the judg- ment to be rendered, nor that certain items of evidence will be introduced. "The counsel whose duty it is to make the opening statement for his side of the case, should have a clear theory of that case; a theory around which he should group all the facts which he admits as established for the other side, and those which he intends to rely on as proved by his own. And while he need not in terms state what that theory is, his statement of the case, should conform to it strictly ; should suggest it to the mind of the court or jury, with such a distinct and clear perception of it, that the legal propositions appropriate to counsel's view of the case seem naturally to arise out of the statement. " It is such a statement as this, that has given rise to the remark, almost become trite, of many eminent lawyers: * That their statement of the case is more convincing than the full argument of other men.' The faculty of doing this in perfection is rare ; but cultivation and close atten- tion to the best models, and an effort to discover what such a statement is, and what it is not, will be rewarded with a reasonable degree of success in any well regulated mind. " It is also important to understand that a chronological, or other detailed statement of the evidence, with numer- ous dates, and names of witnesses, is not such a state- ment. Xothing is such a statement which the mind of an ordinary man cannot carry with him, and remember with- out taking notes. Xo reference to cases and pages in law books, nor any abstract announcement of legal proposi- 40 KHETORIC AS AN ART OF PERSUASION. tions unconnected with the facts to which they are to be applied, will answer the requirement. The propositions of law and of fact on which counsel rely must be stated so as to show clearly their relation to each other, and be so plainly expressed as to present a chart of the road to be traveled, without a map in detail of the country through which that road is to go. " I wish to express my cordial approval of the remarks under the head of fallacies, as to the effect of counsel being carried away from the strong points of their case by the art of an opponent who insists upon discussing other matters. "My experience teaches me that more sound lawyers and able advocates are.misled by this artifice, to the preju- dice of their cases before the court and jury, than by any other. "Such has always been my opinion of the value of choosing the ground on which the battle is fought, that when at the bar, it was my practice contrary to that of most lawyers who had the right of choice, to open the ar- gument, rather than close it, where two speeches were to be made on the same side. "A skillful lawyer in opening a case will often be able to throw so much doubt around a clear matter, or give so much importance to an immaterial one, that his unwary opponent follows him into the web of sophistry, when he could have stood secure on ground of his own selection." Section 3. Argument. Every statement of a case contains one or more propositions; to-wit: That which is stated or affirmed for discussion, exposition. DIVISIONS OF A SPEECH. 41 or illustration; and an argument is a reason, or reasons, for, or against, such proposition, or propositions. The argument for the proposition, is, in rhetoric, called "Confirmation," and that against it, "Confutation" Natural reason frequently expresses itself with considerable force and clearness, espe- cially on common-place subjects, or such as are simply personal to the speaker. Thus the child in its simple terms can make known its wants and grievances, and at times very effectively; and so can the adult savage. But a discourse relative to art or science, requires the aid of cultivated reason always; and there is not perhaps in the whole circle of literature, anything which requires more study and reflection than what pertains to argument generally. Cicero draws a comparison between edu- cated and uneducated reason, and shows the advantage of education bestowed upon good natural parts, very expressively, thus: "Natow without learning is of greater efficacy towards the attainment of glory and virtue, than learning without nature; but when to an excellent natural disposition the embellishments of learning are added, there results from this union something great and extraordinary." 42 RHETORIC AS AN ART OF PERSUASION. Whatever infers or deduces consequences from a fact or facts proved or known, or from premises assumed without proof or knowledge, is an argument; and as the sources of inference and deduction are num- berless, so it has been found convenient for purpose of reference and illustration, to di- vide argument into species or classes, and to speak of it under various titles and designa- tions. 1st. Induction. The most common designation of argu- ment is " Induction," which, as defined by Whately, "infecs respecting a whole class, what has been ascertained respecting one or more individuals of that class." From a number of instances it infers some general result or conclusion ; and sometimes from one instance it infers a general result or conclusion. Examples. 1. Having by experiment ascertained that iron or any other special metal when brought under a certain in- fluence of heat will melt, we conclude that each kind of metal of the one or ones experimented upon, will, also, in all cases, melt when placed under a like influence of heat. That is induction from instance, or individual, to indi- vidual. DIVISIONS OF A SPEECH. 43 2. Having by experiment ascertained that a certain number of metals; to-wit: gold, silver, lead, iron, and copper, will melt when placed under certain degrees of he.it, we naturally enough infer that all other metals are also fusible. This is induction from particular's to a whole class. 3. Experience demonstrates that nature is, as a general rule, uniform in its operations ; "That it acts by general, not by partial laws;" and hence when we have placed in the fire a number of varie- ties of wood and other vegetables, and find each and all experimented upon Virus, we legitimately infer that all wood and other vegetables will burn ; as well those not experimented upon, as those experimented upon. 4. From the fact that such material objects as come under our observation, when raised above the earth and their support withdrawn, fall back to the earth, we prop- erly infer the general result, that all material objects are subject to the attraction of gravitation. 5. We see men daily dying around us, and that no one as far as our acquaintance extends, is exempted from the laws of mortality, and hence infer, very properly, that all men are mortal. 6. We learn the peculiar traits and habits of a certain limited number of the brute creation, and from them infer that all other animals of their species and class, will, under like conditions, manifest substantially like habits and dis- positions. 7. Concerning a person whose past life has been noted for good moral principles and application to business, we infer like conduct of him in the future, and entrust him with our most important business affairs. 44 RHETORIC AS AN ART OF PERSUASION. 8. A defendant in a criminal trial may introduce evi- dence of his general good moral character in the neighbor- hood where he resides, because whatever it may be, it is built on his general conduct and actions in intercourse with his fellow men, and which, when good in general' implies more or less a negative of guilt in any one partic- ular thing; and which though not conclusive evidence of innocence, is yet frequently of much importance to a de- fendant when the evidence is not positive or clear against him. Also, whether in a civil or criminal trial, evidence may be introduced to impeach the credibility of a witness whose general character for truth is bad in the neighbor- hood where he resides, because it is a legitimate inference that one whose general habit is falsehood in business or other relations with his fellow men, is not to be received as a credible witness even in a judicial proceeding; and where a witness has knowingly and corruptly sworn falsely to any one matter material to the issue in a legal contro- versy, his testimony on all points in that trial is to be dis- credited if not discarded, on the idea, that where the fountain is shown to be foul, whatever comes from it will most probably partake of its vileness; the rule being " false in one, false in all," or as it is expressed in Latin from whence the maxim is drawn ; "Falsus in uno, falsus in omnibus" 9. From a numt>er of particulars in animated nature, where each and all show design and the adaptation of a means to an end, we are led to the irresistible inference of a divine authorship over all. The solar system and the starry world beyond, countless in number, and each gov- erned by fixed and invariable laws, and moving in har- mony, tends to the same inference. The psalmist awe-impressed with the wonders of the celestial world, exclaimed : " When I consider the heavens, the work of Thy fingers ; DIVISIONS OF A SPEECn. 4") the moon and the stars which Thou hast ordained; what is man, that Thou art mindful of him? and the son of man that Thou visitrst him? For Thou hast made him a little lower than the angels, and hast crowned him with glory and honor. * * * O Lord, our Lord, how ex- cellent is Thy name in all the earth ! " 8th Psalm. 10. Lawyers in cases involving questions of fact, argue inductively, when they examine and criticise each item and instrument of evidence separately, and finally press forward their united force as tending to establish the proposition they advocate, or to disprove that to which they are opposed. ARISTOTLE AND BACON. It has been said and written by some, but not truthfully, that Bacon is the founder of the inductive style of reasoning, and that Aristotle is the author of the syllogism. It is strange that any one should have fallen into such an error when as a matter of fact, induction is now, and has ever been, the common vernacular of human speech, and, besides, there are plenty of books extant which contain numberless instances of the use both of the inductive and syllogistic styles of argument, written ages before the name of either Bacon or Aristotle adorned the page of history. Aristotle wrote learnedly concerning the syllogism, and presented what he conceived 46 RHETORIC AS AN ART OF PERSUASION. to be its advantages as a mode of argument, in most attractive language ; and Bacon wrote, to convince the world, that the only true style of argument is in induction; but neither is the author of the style with which each one's name seems to be in the mind of the world so intimately connected, unless writing upon a subject already well known, and presenting it in attractive form and language, makes one the author of that sub- ject; an authorship which surely none may justly claim. 2nd. Syllogism. While treating next of the syllogism, I will endeavor by examples and illustrations, to show there is a close relation in idea be- tween Induction and the Syllogism, and that when properly understood they harmonize with each other, and together add grace, force, and beauty, to both argument and display of language. Syllogism is a species of argument con- sisting of three propositions, the first two of which are termed the major and minor prem- ises, and the last the conclusion. And it is so expressed that if the premises are true or DIVISIONS OF A SPEECH. 47 admitted to be correct, the conclusion or inference claimed, necessarily follows. It is of little or no practical use in the discovery of truth, but assists vastly in the embellish- ment of argument, and in instructing, or conveying truth to others. Examples. No plant has the power of locomotion ; An oak is a plant; Therefore an oak has not the power of locomotion. No human invention is perfect ; Every language is a human invention; Therefore no language is perfect. "Whatever thinks is a spiritual substance ; The mind of man thinks; Therefore the mind of man is a spiritual substance. That which sacrifices truth and kindness to very weak temptations, is above all other vices, inconsistent with the character of a social being; Envy sacrifices truth and kindness to very weak temp- tations ; Therefore envy is, above all vices, inconsistent with the character of a social being. Every indictment in a criminal proceeding, and every declaration or petition in a civil 48 RHETORIC AS AN ART OF PERSUASI02T. action, involves a syllogism, express, or im- plied. Example in a criminal proceeding. In the indictment are either express or implied, the averments; to-wit: Major premiss : Whoever does or perpetrates a certain thing (describing it), violates law, and is guilty of a cer- tain crime (naming it) ; 31 inor premiss : Such a person (naming him) perpetra- ted the crime named in the major premiss (stating with particularity the act done, with date and place, to identify the accused to a certainty with the offense charged) ; Conclusion : Therefore, the person named in the minor premiss, is guilty of the crime named in the major premiss, and is liable to the punishment prescribed by law. Examples, in a civil action; to-ivit: a contro- versy at law between private individuals. Major premiss : Whenever one employs another to do certain work under special contract as to the price of wages, and the work is completed according to contract, the employer is liable in law for the wages agreed upon with interest and costs of suit ; Minor premiss: B employed A to do certain work for him with an agreed price as to wages, and A did the work according to contract, and B refuses (or neglects) to pay A what is due him ; DIVISIONS OF A SPEECH. 40 Cdhclusion: Therefore, A is entitled to prosecute B at law and recover judgment for the amount due him on the contract Bpecified in the minor premiss, with interest and costs, and to have process of law to enforce its collection. Major premiss: Whoever engages another to work for him without agreement as to price, and the work is done according to contract, is liable in law to pay for the work done what it is reasonably worth; Minor premiss: B employed A to work for him with- out agreement as to the amount of wages to be paid, and A did the work according to contract, and his wages are reasonably worth so much money (naming it); Conclusion: Therefore, A is entitled to recover judg- ment against B for the reasonable value of his wages as named in the minor premiss, with interest and costs of suit, and to process of law to enforce the collection. Induction and the syllogism proceed in opposite directions. Induction from some quality found in certain individuals of a class, infers that same quality to exist in every member of the class; it infers from particu- lars some general conclusion. The syllogism from a certain quality which it assumes to exist in- a class infers that each individual of that class possesses the same quality. Induction proves and infers. The syllo- gism assumes and deduces. Hut in moral reasoning, the syllogism is valueless unless its premises are capable of proof, or belong 50 RHETORIC AS AN ART OF PERSUASION. to that category of ideas, termed "self-evi- dent truths." Illustration. In the Syllogism, "All vegetables will burn, Wood is a vegetable, Therefore wood will burn," we can know the truth of the premises by the inductive process only, and the worth of our induction depends entirely on the merit of our previous experiments and in- vestigations. This idea is tersely expressed by Bacon in an aphorism of his "Novum Or- ganum;" thus: " The syllogism consists of propositions, propositions of words, and words are the signs of notions. If, therefore, the notions (which are the basis of the whole), be confused and carelessly abstracted from things, there is no solidity in the superstructure. Our only hope, then, is in genuine induction." The syllogistic and inductive processes of argument are beautifully blended in the celebrated speech of Cicero for Milo who was tried for the murder of Clodius. Cicero first announces the idea (major premiss) that whoever lies in wait to murder DIVISIONS OF A SPEECH. 51 another, may be lawfully killed by the one whose life is imperiled, if his safety requires it. He then adduces a number of facts and circumstances in nature and history to vin- dicate that idea. That is the inductive pro- cess. He next advances the idea (minor premiss) that Clodius had in fact laid in wait for Milo to murder him, though in the ren- counter which ensued Clodius was killed. This he enforces by referring to a number of special facts, such as that Clodius was on horseback with his sword by his side ; and was surrounded with armed servants when he and Milo met on the highway; that the meeting was at a place where business called Milo and of which Clodius beforehand knew; that Milo was in a carriage with his wife and encumbered with a cloak upon him; that Clodius had on several prior occasions threatened personal violence to Milo, but Milo never to him; and that in fact Clodius commenced the affray. Having thus by the inductive process established the major and minor premises of his argument, he advan- ces the conclusion: to- wit: that Milo was justifiable in killing Clodius; a conclusion which necessarily followed if his premises were well established. 52 KHETORIC AS AN ART OF PERSUASION. Milo was convicted and sent into banish- ment notwithstanding the beauty of the syllogism, and the ability with which his defense was conducted. But if Cicero stated the facts correctly, it was an erroneous de- cision, and indicates what was charged at the time by the friends of Milo, that it was not an honest decision, but the result of partisan feeling and prejudice on the part' of the judges, instigated by Pompey who under authority of a decree of the Eoman Senate, had selected them, and who was well known to be inimical in feeling to Milo. Also the Declaration of Independence be- longs to the syllogistic system of argument, in which its minor premiss is supported in- ductively. Thus the major premiss of the Declaration assumes certain things therein named to be, "self-evident truths;" to-wit: that all men are created equal, and are endowed by their creator with certain unalienable rights, among which are life, liberty, and the pur- suit of happiness; that to secure these rights governments are instituted amongst men, deriving their just powers from the consent of the governed; and that whenever a gov- ernment becomes destructive of these rights DIVISIONS OF A SPEECH. 53 and ends, it is the right and duty of the peo- ple to alter and abolish it, and to establish a new government, which will give the se- curity required. The minor premiss asserts that the gov- ernment of Great Britain (the mother country) had by a long train of abuses and usurpations evinced a design to invalidate the rights named in the major premiss, and to place the people under absolute despot- ism. This premiss (the minor) is then supported inductively by the statement of a large number of specified and alleged facts of abuses and usurpations. And the conclusion is: "We, therefore, the Representatives of the United States of America, in general Congress assembled, ap- pealing to the Supreme Judge of the world for the recti- tude of our intentions, do, in the name and by the author- ity of the good people of these oolonies, solemnly publish and declare, that these united colonies are, and of right ought to be, free and independent states," etc., etc. The syllogism in the hands of a skillful sophist, is capable of being used to advance many fallacies; thus: 54 RHETORIC AS AN ART OF PERSUASION. Examples. Every one desires happiness; Virtue is happiness ; Therefore every one desires virtue. ^No evil should be allowed that good may come of it ; Punishment is an evil ; Therefore no punishment should be allowed. White is a color ; Black is a color ; Therefore black is white. All quadrupeds are animals; A bird is not a quadruped ; Therefore a bird is not an animal. A crusty old bachelor might indulge in the following fallacy: "If a wife is beautiful, she excites jealousy; If she is ugly, she gives disgust; Hence, it is best not to marry." But a man who knows and can appreciate the worth of a true woman, especially if she be such as is described in the last chapter of Proverbs, will frequently find virtue in beauty, and will, also, often find the most charming characteristics of head and heart united with a homely face. DIVISIONS OF A SPEECH. 55 "Whatever is based simply on human testimony is doubt- ful; The existence of the pyramids of Egypt rests on human testimony; Therefore the existence of the pyramids of Egypt is doubtfuL Eating and drinking are necessary to support life; Vitellus expended his wealth in procuring luxuries for his table; Therefore Vitellus expended his wealth in procuring what was necessary to support life. He who cannot act otherwise than he does, deserves no credit however good his actions may be; A benevolent hearted man who has the means to exe- cute his wishes, cannot do otherwise than give alms to the poor; Therefore a benevolent hearted man deserves no credit for his charities and alms deeds. 3d. Analogy. Analogical argument is often resorted to when the higher degree of moral evidence is not attainable. Analogy is not a similar- ity of things, but a similarity or agreement of relations. When we say as one is to ten, so is ten to a hundred, we reason (says Quintillian) by analogy. Analogy is properly a resemblance 56 EHETORIC AS AN ART OF PERSUASION. of ratios in which we argue from one thing to another which are not themselves alike, but stand in similar relations to other things. Thus (for an illustration given by Whately), "an egg and a seed are not in themselves alike, but bear a like proportion to' the parent bird and to her future nestling on the one hand, and to the old and young plant on the other respectively." By anal- ogy we compare the fins of a fish to the wings of a bird, both being used for motor power, though the animals they belong to reside in different elements. By analogy we infer that the planets are inhabited, because they get their light from the sun as the earth does, and revolve on their own axis, and revolve around the sun as the earth does; are subject to the laws of gravitation as the earth is, and are supposed to have atmospheres as the earth has; and finding them so similar to the earth in many re- gards, and holding such like relations to the sun, we infer that they, too, through the wisdom of the beneficent Creator of all, are inhabited by various orders of living crea- tures. Analogy is an unsafe mode of reasoning, and is allowable only where known facts DIVISIONS OF A SPEECH. 57 fail. It is often resorted to by lawyers who when they cannot find a precedent in law exactly in point, aim to find some other case bearing more or less relation in law and ar- gument, to the one in controversy. Whoever wishes to become learned in this species of reasoning, may consult "Butler's Analogy" with advantage. 4th. Various other Designatons of Ar- gument. There are other designations of argument, the more prominent of which are as follows; to-wit: Argumentum a priori, which is reasoning from cause to effect; thus: knowing the earth is a non-transparent body, we infer, with certainty, that when it gets between the moon and the sun, there will be a lunar eclipse; from our knowledge of the skill of the general, w T e anticipate his success in mil- itary exploits; from the knowledge of a mo- tive, we frequently anticipate the conduct of an individual; from our knowledge of the nature of beasts of prey, we anticipate and avoid their ferocity; knowing that fire burns, we anticipate its consequences, and seek to confine it within safe limits; and, indeed, 58 RHETORIC AS AN ART OF PERSUASION. whenever we anticipate anything, we may be said to reason a priori, or by causation; Argumentum a posteriori, from effect to cause, by which we look through the won- ders of nature to a Divine ojrigin; by which, from the uniform success of a general, we infer his skill; by which a fact in controversy is inferred by our knowledge of collateral facts which have a connection with it, more or less remote, which in law is termed cir- cumstantial evidence; Argumentum ad hominern, based on the character and conduct of an adversary; Argumentum ad crumenan, an appeal to the purse, of which the speech of Demetrius, the silversmith, is an apposite example; Argumentum ad ignorantium, an exposure of the ignorance of your opponent; Argumentum ad verecundium, an appeal to some respectable authority which your op- ponent will be inclined to admit, or cannot contradict without prejudice to his cause: Argumentum ad judicium, an appeal to unbiased reason; Argumentum ad populum, an appeal to the passions and prejudices' of the multitude, and is generally construed in a bad sense; DIVISIONS OF A SPEECH. 59 Arcjumcntum a fortiori, so much the more; with greater reason; to-wit: 1. "Consider the lilies of the held, how they grow; they toil not ; neither do they spin ; and yet I say unto you, that even Solomon in all his glory, was not arrayed like one of these. "Wherefore, if God so clothe the grass of the field, which to-day is, and to-morrow is cast into the oven, shall He not much more clothe you, O ye of little faith?" 2. "Behold the fowls of the air; for they sow not, neither do they reap, nor gather into barns; yet your I Ieavenly Father feedeth them. Are ye not much letter than they f 3. "If the felon who robs on the highway, deserves the punishment of death, this retribution is due so much the mote to the wretch, who has committed parricide." Argumentum bacidiniun, club law, convic- tion (or rather pretence of conviction) which is the result of force; Argumentum ab inconveniently unsuited to circumstances, or as St. Paul expressed it, when he said, all things were lawful for him, hut all things were not expedient: Argument direct, which shows by immediate and direct evidence, or argument, the agree- ment, or repugnancy, between the subject and predicate of the proposition in question; Argument indirect, which establishes the truth of one or more ideas or propositions by showing the error or falsehoods of the 60 RHETORIC AS AN ART OF PERSUASION. • one or ones to which they are opposed. Thus in a criminal prosecution where the defense rests on an alibi, the proof that the person accused was not present when the crime was perpetrated, but elsewhere, will acquit him, unless it be shown by the prose- cution that he either instigated, or was in some way accessory to the crime committed. An ancient philosopher, under this species of argument, confuted a skeptic who denied the existence of God, by the following apt syllogism: "The world is either self -existent, or the work of some finite, or infinite being ; But it is not self-existent, nor the work of a finite being: Therefore it is the work of an infinite being." Under this head comes also what is termed in logic a reductio ad absurdum, which leads to, or involves an absurdity, of which the dilemma propounded to Pyrrho, the ancient skeptic, is an example. He had asserted that no one can have certain knowledge of anything. One of his friends answered him, thus: " You either know what you say to be true, or you do not know it ; "If you do know it to be true, that very knowledge proves your assertion to be false; DIVISIONS OF A SPEECH. 61 " If you do not know it to be true, you do wrong to assert it, since no one has ;i right to assert what he does not know to be true ; " Therefore, in either case, you do wrong to assert, that no man can have certain knowledge of anything." CONFIRMATION. The confirmatory part of a speech should be spoken with deliberation, earnestness, and gravity, and the least attempt at wit, or humor, here, is calculated to impair the weight and dignity of argument. But in the confutation part, as the object is to dis- parage and not to magnify, the shafts of wit, irony, ridicule, anecdote, and sarcasm, may be often used to advantage. The argument should, as a general rule, follow immediately after the statement of the case; but there may be occasions when it should in part precede the statement of the case. Thus if the exordium shall have failed to procure an attentive and impartial hearing from the audience, it may be advis- able to advance cautiously with arguments of an equivocal character, so expressed as seemingly to coincide at least in part with the notions and prejudices of the hearers, but ultimately tending to the advocacy of 62 RHETORIC AS AN ART OF PERSUASION. your side of the question. If this apparently partial yielding of a part of your views to the ideas and prejudices of the audience, shall incline it to give you an impartial hear- ing, then you may state the case and announce the side you intend to advocate; but should be careful to do so in the least offensive man- ner. A little innocent wisdom has often ex- tricated speakers from unpleasant positions. St. Paul turned this idea into good account when about to be torn into pieces by an in- furiated mob, by crying out that he was a Pharisee, and because of his belief in the resurrection of the dead he was called in question and his safety imperiled. This drew a portion of the crowd (and perhaps the larger portion) to his side, who said what, "if a spirit or an angel has spoken to him." Paul was, indeed, a believer in the resurrection of the dead, and hence as far as he spoke, he told the truth to the crowd; but had he added that he believed in the resurrection as taught by the Nazarene and His disciples, he would hardly have escaped from the vengeance of his enemies. As already stated, the argument should, as a general rule, follow immediately after the statement of the case; but whether the con- DIVISIONS OF A SPEECH. 63 firmation or confutation, shall come first, depends much on the experience and Judg- ment of the speaker. If the speech is of the nature of a lecture, or of a discourse, which is not to be replied to, system and order, seem to require that the affirmative arguments should be advanced before the negative should be considered; and in case of a public discussion, as it is incumbent on the party holding the affirmative to open the discussion, he should, in system and fairness, state fully the confirmatory arguments before he closes his address. The speaker should never start out with a weak argument, for first impressions often control, and an unsound argument at the start may impress the hearer with the idea that you are either trying to impose on his credulity, or presuming on his ignorance,, and thereby prejudice him against you. Cicero's plan usually was to advance one of his best arguments at the commencement, to be followed by others of a less specious char- acter, and to conclude with a strong argu- ment: and he compared the arrangement of the argumentative part of his speech to a bridge with the massy abutments resting 64 RHETORIC AS AN ART OF PERSUASION. against either side of the stream, and the piers or lesser structures between them. Quintillian approves of Cicero's plan in regard to the introduction of arguments, and recommends the same order to be ob- served by an advocate in the introduction of evidence; to- wit: "that the strongest be placed first and last; for the former dispose the judge to believe him, and the latter to decide in his favor." But if in a general discussion your antag- onist shall have advanced arguments of a formidable character, and yet has been so indiscreet as to have advocated other posi- tions, also, which are unsound and easy of confutation, it will usually be advisable to reserve your confirmatory arguments, and your reply to those of your opponent of ap- parent merit, until you shall have exposed and refuted to the comprehension of all, w T hat he has said of a clearly sophistical character. It is dangerous to advance an unsound argument under any circumstances, since if exposed so that the hearer fully compre- hends its untenable points, he will accept whatever else comes from you, however good it may be, with close scrutiny and suspicion. DIVISIONS OF A SPEECH. 65 If you choose to commence with an expose and confutation of the arguments of your opponent, you should not pursue them too far, lest you give character to his speech, and induce the audience to suppose there is a good deal of merit in what he said, else you would not expend so much time in op- position. But having answered and confuted in as brief terms as possible what seemed to be his leading ideas, you should pass to your own side of the question, remarking as you do so, that you will hereafter refer again to the arguments of your opponent, if ybu should in the mean time regard them as worthy of further consideration. If your opponent has advanced ideas which are not relevant, nor material to the issue in controversy, it is useless to expend time in refuting them, even if they should be ever so sophistical; and the shortest way to get rid of them is to re-state the issue, and then briefly show their inapplicability. In all portions of your speech, but espe- cially in the argumentative part, •' IV brief, be pointed; let your matter stand, Lucid in order, solid, ami at hand; Spend not y * > u r words on trifles, but condense; rike with the mam of thoughts, not drops of sense; 5 66 RHETORIC AS AN ART OF PERSUASION. Press to the close with vigor once begun, And leave (how hard the task!), leave off when done. Again, "Words are like leaves ; and where they most abound, Much fruit of sense beneath is rarely found. False eloquence, like the prismatic glass, Its gaudy colors spread on ev'ry place ; ******** But true expression, like the unchanging sun, Clears and improves whate'er it shines upon ; It gilds all objects, but it alters none" BURDEN OF PROOF. There is in all questions of controversy and discussion what is termed the burden of proof, which makes it incumbent on a party advocating the affirmative of an idea or issue, to sustain the same by a preponder- ance of argument or evidence as the case may require. If there be no such prepon- derance in favor of the affirmative it must fail; or if the argument or evidence on either side is simply balanced, and there is no preponderance, yet should the decision be given to the negative, because it is not required to do more than to meet affirma- tion with denial: to hold its own against aggression. DIVISIONS OF A SPEECn. 07 In law cases, known as civil causes, or suits simply between private parties, a mere preponderance of evidence though it may not generate full and satisfactory belief, is yet sufficient to authorize a verdict for the party in whose favor the weight and credi- bility of evidence preponderates. But in criminal causes the law in its tenderness and regard for liberty, life, and reputation, will not authorize a verdict of guilty how- ever much the evidence may preponderate against the accused, unless it generates full belief of his guilt to the exclusion of every reasonable doubt. Thus, though the weight of the evidence tend to criminate the ac- cused, yet if there exists in the evidence and fairly deducible from it, any fact, circum- stance, or hypothesis, which may reasonably account for the crime imputed to the ac- cused consistently with his innocence, the existence of such fact, circumstance, or hy- pothesis, creates in law a reasonable doubt which demands an acquittal of the accused. The law in its benignity considers it better that one hundred guilty persons should escape than one innocent man be made to suffer; and the history of criminal jurispru- dence replete as it is with instances of con- 68 EHETORIC AS AN ART OF PERSUASION. victions of innocent parties on evidence which at the time of trial seemed to war- rant such convictions, but afterwards dis- covered to be erroneous, manifests the wis- dom of the law in requiring an acquittal unless the evidence amounts to "moral cer- tainty," which though not equal to, borders close on mathematical demonstration. DUTY OF LAWYERS. It may not here be out of place to indulge in a few remarks especially concerning the duty of lawyers in their practice as counsel and advocates. An attorney who properly appreciates the dignity of his profession, will never engage in either the prosecution or defense of a cause at law, unless it com- mends itself to his reason as just and honor- able to so do, irrespective of the fee in- volved. But as it is with other occupations and professions, so unfortunately is it also some- times in the practice of the law, that here and there is occasionally to be found a mem- ber of the bar who has no conception of the value of the law beyond its capacity to earn money, and who in his desire for money. DIVISIONS OF A SPEECH. 69 when he cannot succeed in a suit by just and honorable means, will resort to every species of rhetorical artifice and subterfuge to win a cause and circumvent an adver- sary. "To be as wise as a serpent and harmless as a dove," is a maxim no less applicable to the practice of the law than to that of re- ligion, and no one need expect to arrive at eminence in his profession as a lawyer, nor in any other pursuit of a controversial char- acter, unless he is learned in the artifices and devices which may be resorted to in ar- gument by an unscrupulous opponent. He should learn them not to practice them, but to anticipate and avoid them, or to expose, and by exposure, destroy their influence when they have been perpetrated. Examples of Fallacies. 1. Unquestionably the most important of the fallacies to be guarded against, is the one known in law as a " false issue," and designated in logic as "misapprehension of the question," which, under the head of statement of the case (ante), is sufficiently there commented upon for practical purposes, with examples given for illustration, and need not therefore be here repeated. This fallacy is not always perpetrated by design. Fre- quently speakers who have not trained their minds to 70 RHETORIC AS AN ART OF PERSUASION. close habits of thought, will unconsciously wander from the question under discussion, and. ramble off into the wildest fields of digression, much to the disgust of intelli- gent hearers. 2. An execrable fallacy, or more properly speaking, dis- honest artifice, is where a speaker intentionally misrepre- sents the argument of his opponent, or imputes to it a tendency which does not fairly belong to it, but is calcu- lated to excite popular prejudice and odium. Speakers unlearned in the meaning of words, or care- less in their expressions, are liable to have this fallacy perpetrated upon them, and hence the student who would aspire to the position of an advocate or teacher, should before he assumes either of those garbs, become learned in the true signification of words and the rules of gram- mar, and habituate himself to think closely, and to speak with precision. 3. Near allied in idea to the last referred to artifice, is where the advocate selects one or two of the weakest of the arguments of his opponent, and assumes and asserts that on them, and them only, hinge and depend the merits of the case in controversy ; and then engages in a labored confutation of them, and having succeeded to his wish, demands a decision in his favor on the general merits of the case. The danger of this artifice should warn all speakers against risking an imsound argument under any circumstance whatever. 4. There is a figure of speech termed "Epimone" which will be more specially noticed hereafter, the pur- pose of which is to render some word or thought ridicu- lous by its frequent repetition, and showing its grotesque character as an element of argument. But sometimes from the frequent repetition of a thought, is deduced one DIVISIONS OF A SPEECH. 71 of the most subtle fallacies known to language. This fallacy is often resorted to by unscrupulous men during the excitement of political contests, when some idea or point is assumed without proof to the detriment and prejudice of a man or party; and though it may have no just foundation for support, yet is dwelt upon and com- mented on so frequently, that the ignorant assume that the charge must be true, else it would not receive so much consideration; they apply to the matter under considera- tion the old adage: "That where there is so much smoke there must be some fire." 5. Nearly related in idea to the last mentioned fallacy is where in a law trial the evidence of facts, or questions of law, are complicated, and it requires much research to ascertain which side is entitled to success. Here the un- scrupulous but astute advocate will avoid the point or points which make against him, and seek by every art of language and argument he can command, to turn the in- vestigation into the channel of thought which tends to support his side of the question, repeating it, and pressing it forward, with great apparent candor and earnestness: and here having the vantage ground, he is almost certain of success, if his opponent, less skilled in polemics, ac- cepts the point thus made, or issue, or issues thus tend- ered, as the one or ones on which the result of the contro- versy hinges, and makes a labored argument against them. A prudent soldier will hardly desert the walls of a fortifi- cation to go out and fight with an adversary on equal terms in the open field; nor will a wise advocate neglect to properly present and press the point or points which best support his side of the controversy, to engage in a wrangling dispute over Irrelevant questions presented by his adversary. Many a suit atdaw has been lost through the incompetency of the attorney, in neglecting, or not 72 RHETORIC AS AN ART OF PERSUASION. properly appreciating, a certainty, to contend over an un- certainty. " What boots success in skirmish or in fray, If rout and ruin following, close the day. ***** He who would win his cause, with power must frame, Points of support, and look with steady aim; Attack the weak, defend the strong with art, Strike but few blows, but strike them to the heart.'' 1 6. Nearly allied to the last named artifice, "is the art of skillfully dropping part of a statement, when the reasoner finds he cannot support it, and going on boldly with the remainder as if he still maintained the whole." 7. The argumenticm ad hominem is a frequent source of fallacies, especially in legal and political discussions. It occurs w T here one contestant retorts upon his opponent that his own conduct on a prior occasion, or occasions, was in opposition to the rule of conduct, or measure he advo- cates in the present discussion. That retort may be true as regards the individual, but has no argumentative value in regard to the subject under discussion. An inconsistent character may, and often does, advance the most truthful arguments, while others noted for consistency of moral or other conduct, can hardly advance a good argument on any subject, "Where the question under discussion does not in itself relate to the conduct of one of the contestants, any reference to such conduct is irrelevant, and is an attempt to excite prejudice at the expense of truth. 8. A fallacy w T hich is especially dangerous in a discus- sion before a mixed or ignorant audience, is where the proposition under consideration is of a complex character, and some of its terms being valid in argument and others unsound. Here the speaker who advocates the affirmative of the issue in controversy, will, if he discriminates prop- DIVISIONS OF A SPEECH. 73 erly, advocate such terms and ideas only us can withstand the crucial test of logical criticism, and disclaim all others. But unfortunately there are no Inconsiderable number of men who put themselves forward as speakers, and some of them of considerable education, too, "with heads full of learned lumber," and yet so obtuse in intellect as to be hardly able to discriminate between what is good or bad in argument, or to perceive what is the real point in con- troversy; and who advocate and argue heedlessly every point involved as though the loss of one would involve the defeat of all. Here an unscrupulous opponent, if astute in argument, will avoid the strong points of the argument on the affirm- ative of the issue, and seizing on the weak ones only, re- fute them in detail with apparent zeal and confidence, and claim the meed of success on the pretense that all the terms of the proposition discussed constitute unity in idea, and must all stand, or all go down together, as when a link in a chain is broken, the chain must necessarily separate. 9. There is a fallacy called, " Begging of the question," which consists in assuming as true the question under discussion, or in offering as evidence of its truth a change of words having substantially the same meaning. Thus to the question, Why does morphia produce sleep ? An- swer: Because of its soporific quality. The word "sopor- ific " means sleep-causing. Hence when we say morphia produces sleep because of its soporific quality, we say simply in idea that morphia produces sleep, because it produces sleep. The following are other examples of this fallacy ; to-wit : Why does opium relieve 1 pain V Answer: Because it is an anodyne; to-wit: it relieves pain be it relieves pain; the word anodyne meaning a capacity to relieve pain. Why does grass grow V Answer: Because 74 EHETOEIC AS AN AET OF PEESUASION. of its vegetative power; to- wit: it grows because it grows; the word vegetative signifying growing, or having the power to grow. A proper knowledge of the meaning of words, will always readily detect the fallacy of such an- swers, as soon as uttered ; and yet in common conversa- tion there is no impropriety of language more frequently perpetrated. 10. A fallacy not often resorted to in law debates, but ingenious in its application when used, is called, " Reas- oning in a circle," which "assumes one proposition to prove another, and then rests the proof of the first on the evidence " or argument of the second. The following are examples of this fallacy: A pertinent example was stated by Marcy, Judge, in the case of Starbuck vs. Murray, 5th Wendell R., 148. Plaintiff had sued defendant on a judg- ment of another state for 8393.36, in which there had been no personal service by notice or summons on defendant, but certain of his property had been attached, and the record erroneously certified that defendant had appeared as a party to the suit. Defendant pleaded that he was not served with process and did not appear to the suit. Plain- tiff demurred to this plea because the instrument sued upon says he did appear to the suit, and this he verified " by the record." This said Makcy, " Is reasoning in a circle." The fact which defendant puts in issue is the validity of the record ; and plaintiff replies that the paper declared on is a record because it says the defendant ap- peared, and defendant did appear because the paper is a record. And the court decided that while the record of a sister state is prima fade evidence of the truth of the matters it recites, yet that when the jurisdiction of the court which rendered the judgment is directly put in issue, it is like any other fact, examinable. The Mahometans assume that the Koran is the word of God by the traditions and history of Islam, and then DIVISIONS OF A SPEECH. 75 claim that Islam is the true religion by the words of the Koran. The necessarians insist that everything man does is done of necessity, by assuming that the mind acts me- chanically like the body, and "that it never can act unless the motive which causes the action be greater than any other then existing in the mind. Any particular volition is then declared to be necessary, because the motive which produced it, was the strongest then in the mind." Fatalists argue thus : a man must either do a thing, or not do it. If he does it, he does it by compulsion, and if he does not do it, he refrains from doing it by restraint. An ancient sect of philosophers insisted that the center of the earth is the center of the universe, by this process of reasoning ; to-wit : Where every physical body tends is the center of the universe. But all bodies tend towards the center of the earth. Therefore the center of the earth is the center of the universe. ANALYSIS AND SYNTHESIS. Analysis, which signifies taking apart, and Synthesis which signifies putting together, constitute such important elements in the discovery of truth, and in its communication to others, that one who has not made them a special study, can hardly hope to become acute in argument, or eloquent and popular in speech. The purpose of analysis is to investigate; to search for the origin and truth of things; that of synthesis, to teach truth and knowl- 76 RHETORIC AS AN ART OF PERSUASION. edge in a systematic and orderly form to others. Analysis is regression, or going back; syn- thesis is progressive, or going forward. By analysis the chemist disintegrates the particles of any medical mixtures, and dis- covers the properties of each; by synthesis he reunites those particles into their origi- nal compound, or creates, also, if he chooses, other combinations. By analysis we discover that water is composed of two gases, united im certain proportions, called oxygen and hydrogen, each of which when in separate condition, is dangerously inflammable; by synthesis we reunite and combine those gases in the same relative proportion in which they ex- isted before their separation, and reproduce water, always grateful to the parched tongue and fevered lips. By analysis we discover chemical affinity to exist between substances apparently of the most dissimilar nature and character- istics; and by synthesis we unite them and form a compound essential to the comforts of civilized life. Seldom perhaps does the face of beauty reflect that the sweetly scented toilet soap, which is to be found in DIVISIONS OF A SPEECH. 77 her dressing-room, is composed of caustic and the grease used to give easy friction to the axle of the farmer's wagon. By analysis we separate the terms of a proposition, and accept the true, and reject the false. Thus, in the proposition, "Caesar was brave and humane," we analyze the in- cidents of his life, and find he truly was a brave man; but also find that he invariably sacrificed humanity to advance his selfish interests; and, we, therefore, conclude, that if he were at times humane, it was only be- cause he supposed it was not his interest to be otherwise. Unfortunately for the certainty of lan- guage and argument, the subject and predi-. cate of propositions are not always simple, consisting of but one term or word for each subject, and one term or word for each pred- icate; nor are the terms always univocal, or meaning the same thing. Indeed they are frequently equivocal, or subject to several meanings; sometimes they are relative, or to be understood only by their relationship or reference to some other thing or person; and sometimes they are concrete, which in- dicates a thing, and also its qualities, or a •n, and also his mental characteristics. 78 RHETORIC AS AN ART OF PERSUASION. Frequently also terms are complex, con- sisting of several words for a subject, or several words for a predicate, part of which may be true, and the other part false, as is illustrated by the proposition concerning Caesar; and sometimes propositions are what is termed "compound," which consists of two or more simple ones united in one sen- tence or question, a part of which (as in the case of complex terms), may be true, and a part false; and, hence, there is an inevitable necessity for the use of analysis in every species of investigation and reasoning; there is nothing which is, or can be the subject of thought or discussion, but needs its helping hand. Lord Chesterfield in a letter to his son in 1748, said: " Examine carefully and reconsider all your notions of things ; analyze them, and discover their component parts ; weigh the matter upon which you are to form your opin- ion in the equal and impartial scale of reason. It is not to be conceived how many people capable of reasoning, if they would, yet live and die in a thousand errors from laziness; they will rather adopt the prejudices of others, than give themselves the trouble of forming opinions of their own." divisions of a speech. i \) Section 4. Peroration. The peroration is the concluding portion of the speech, in which is briefly recapitu- lated the arguments advanced, for the pur- pose of impressing them more lastingly on the minds of the hearers; and also, for the purpose of exciting their sympathies and moral sentiments, if the subject and occa- sion be such as legitimately to admit of it. Man is an emotional as well as rational creature, and often when argument con- vinces but fails to move to deeds, a proper appeal to his moral and emotional nature will induce him to the performance of the most honorable and heroic actions. Camp- bell in his "Philosophy of Rhetoric," says: "To say that it is possible to persuade without speaking to the passions, is but, at best, a kind of specious non- sense. * * * To make me believe, it is enough to show me that things are so; to make me act. it is nec- essary to show me that the action will answer some end. * * * You assure * me it is for my honor.' Now you solicit my pride. * * * 'You say it is for my interest.' Now you bespeak my self-love. 'It is for the public good.' Now you rouse my patriotism. l It will relieve the miserable.' Now you touch my pity. So far. therefore, is it from being an unfair method of persuasion to move the passions, that there is no persuasion without moving them." 80 RHETORIC AS AN ART OF PERSUASION. An appeal then to man's passions and emotional nature, is allowable on proper occasions; such as to advance the cause of truth, honesty, honor, ane obtained, there you are ever ready to seize your prey, but utterly incapable of any ac- tion worthy of a man. If fortune favors us with - instances of success, then, indeed, be assumes the merit to himself; he ascribes it to his own address; if some danger alarms us he flies; if our fears are quieted, he de- mands rewards, he expects golden crowns. ******* * * " "When this perjured man comes to demand credit to his oaths, remind him of this, that he who hath frequently sworn falsely, and yet expects to be believed on his oath, should be favored by one of these two circumstances, of which Demosthenes finds neither,— his gods must be new, or his auditors different. As to his tears, as to his pas- sionate exertions of voice, when he cries out, 'Whither shall I fly, ye men of Athens ? You banish me from the city, and, alas! I have no place of refuge'; let this be your reply; 'and where shall the people find refuge? What provision of allies? What treasures are prepared? What resources hath your administration secured? We all see what precautions you have taken for your own se- curity, you who have left the city, not, as you pretend, to take up your residence in the Piraeus, but to seize the first favorable moment of flying from your country; you who to quiet all your dastardly fears, have ample provision secured in the gold of Persia, and all the bribes of your administration." From Demosthenes' " Here is a decree which .Eschines hath never mentioned, never quoted. But beeause I moved in the senate that the ambassadors of ICacedon should be introduced, he in- dnst me as highly criminal. What should I have done? Was I to move that they should not be introduced? 114 RHETORIC AS AN ART OF PERSUASION. the men who came purposely to treat with us? Was I to forbid that any seats should be appointed for them in the theatre ? Why they might have purchased seats, at the common trifling price. Was I to show my concern for Athens by such minute savings, while, like him and his accomplices, I sold our capital interests to Philip ? Xo I Take my decree, which he though well acquainted with it. hath passed over in silence. Read. * * ******* "No! had one of the awful judges of the shades im- peached me, — an iEacus, or a Rhodamanthus, or a Minos, and not this babbling sycophant, this wretched, hackneyed scrivener, he could have used no such language, he could have searched for no such insolent expressions, no such theatrical exclamations as you have now heard from this man. ' Earth ! and thou Sun ! Virtue ! ' And again, those pompous invocations,—' Prudence ! Erudition ! that teaches us the just distinction between good and evil!' Virtue! thou miscreant! What communion can virtue hold with thee or thine ? What acquaintance hast thou with such things ? How didst thou acquire it ? By what right canst thou assume it? And what pretensions hast thou to speak of erudition? Not a man of those who really possess it, could thus presume to speak of his own accomplishments. And here I hesitate, not for want of matter to urge against you and your family, but because I am in doubt where to begin. * * ******* " To you, ye judges, the detail must be tedious and dis- gusting. Before I had uttered one word you were well informed of his prostitution. He calls it friendship and intimate connection. Thus hath he just now expressed it ; 4 He who reproaches me with the intimacy of Alexander ! ' I reproach thee with the intimacy of Alexander !— how couldst thou aspire to it? I could never call thee the FIGURES OF SPEECH. 116 friend of Philip; no, nor the intimate of Alexander. I am not so mad, unless we are to call those menial ser- vants who labor for their wages the friends and intimates of those who hire them. But how can this be V Impossi- ble! No! I formerly called you the hireling of Philip; I now call you the hireling of Alexander ; and so do all these our fellow citizens. If you doubt it ask them, or I shall ask them for you. Ye citizens of Athens, do you account iEschines the hireling or the intimate of Alex- ander ? * * * You hear their answer."* Brutus. Remember March, the ides of March re- member! Did not great Julius bleed for justice sake? What villain touch'd his body, that did stab, And not for justice? What, shall one of us, That struck the foremost man of all this world, But for supporting robbers; shall we now Contaminate our fingers with base bribes? And sell the mighty space of our large honors, For so much trash, as may be grasped thus? — I had rather be a dog and bay the moon, Than such a Roman." Pollock in his "Course of Time," uses this figure with singular beauty and forcibleness in drawing a comparison between a good spent and bad spent life, in regard to their relative enjoyments and pleasures of the • Note.— The answer which the audience gave to the question of Demos- thenes concerning iEschines, is not stated in the original; but tho proba- bility is, that the crowd, or the larger portion of the crowd, who were evi- dently on the aide of Demosthenes, shouted in reply the word, "hireling." 116 RHETORIC AS AN ART OF PERSUASION. world. He puts the question concerning their relative pleasures, thus: " Whether the righteous man or sinner had The greatest share, and relished them the most?" He answers: "Truth gives the answer thus, gives it distinct, Nor needs to reason long ; the righteous man." He then recapitulates the pleasures of the righteous man, mostly in the interrogative style, interspersed with numerous reflections in the didactic style, as follows: "For what was he denied of earthly growth, Worthy the name of good ? Truth answers naught. Had he not appetite, and sense, and will ? Might he not eat, if Providence allowed, The finest of the wheat ? Might he not drink The choicest wine ? True, he was temperate ; But, then, was temperance a foe to peace ? Might he not ride, and clothe himself in gold ? Ascend, and stand in palaces of kings ? True he icas honest still, and charitable; Were, then, these virtues foes to human peace ? Might he not do exploits, and gain a name ? Most true, he trode not down a fellow's right, Nor walked up to a throne on slculls of men; Were justice, then, and mercy, foes to peace? Had he not friendships, loves, and smiles, and hopes ? Sat not around his table sons and daughters ? Was not his ear with music pleased ? His eye FIGURES OF SPEECH. 117 "With light? His nostrils with perfumes? His lips With pleasant relishes ? Grew not his herds ? Pell not the rain upon his meadows ? Reaped He not his harvests ? And did not his heart Revel at will, through all the charities, And sympathies of nature, unconfined? And were not these all sweetened and sanctified By dews of holiness, shed from above ? Might he not walk through Fancy's airy halls ? Might he not History's ample page survey ? Might he not, finally, explore the depths Of mental, moral, natural, divine ? But why enumerate thus ? One word enough. There was no joy in all created things, No drop of sweet, that turned not in the end To sour, of which the righteous man did not Partake; partake, invited by the voice Of God, his Father's voice, who gave him all His heart's desire; and o'er the sinner still, The christian had this one advantage more, That when his earthly pleasures failed— and fail They always did to every soul of man- He set his hopes on high, looked up and reached His sickle forth, and reaped the yields of heaven, And plucked the clusters from the vines of God" The figure of speech called, " Interroga- tion," is closely connected in idea with the rhetorical dialogue; but there is this differ- ence between them, that to the interrogation in its common form, an answer is neither expected nor given, as a few examples will illustrate: 118 RHETORIC AS AN ART OF PERSUASION. 1. From the answer of Balaam to the king of Moab: " God is not a man that He should lie, neither the son of man that He should repent. Hath He said it, and shall He not do it ? Or hath He spoken, and shall He not make it good?" 2. From the Book of Job: " Hast thou an arm like God ? Or canst thou thunder with a voice like him." 3. From a speech in a criminal prosecu- tion: " Has it not been proved beyond all reasonable doubt that defendant perpetrated the crime imputed to bim? Does not the evidence show that he was angry at deceased and had threatened him with personal violence ? Was he not seen in the vicinity where the crime was perpetrated, and at or about the time it was done ? Did not the shoes fouDd on him agree in size with the marks of shoes in- dented in the ground going to and coming from where the remains of the deceased were found ? Were not stains of blood found on his clothes which he has failed to account for ? And more than all, was not a watch found on his person proved to have belonged to deceased? With all these facts and circumstances shown by the evidence, who can doubt the guilt of the accused ? " 4. From Shakespeare's play of Julius Caesar: " Had you rather Caesar were living, and die all slaves, than that Caesar were dead, to live all freemen?" FIGURES OF SPEECH. Ill) 5. From Junius: The author of Junius indulged in terrible bitterness of expression by interrogations in his attack on Lord Granby, in reply to Sir William Draper, who had volunteered his defense; thus: " It is you, Sir William, who make your friend appear awkward and ridiculous, by giving him a laced suit of tawdry qualifications which nature never intended him to wear. You say he has acquired nothing but honor in the field. Is the ordnance nothing ? Are the Blues nothing ? Is the command of the army with all the patronage an- nexed to it nothing ? * * Did he not betray the just interest of the army in permitting Lord Percy to have a regiment? And does he not at this moment give up all character and dignity as a gentleman, in receding from his own repeated declarations in favor of Mr. Wilkes ? " 6. From the first speech of Cicero against Cataline: "How far, Cataline, wilt thou abuse our patience? How long shall thy frantic rage baffle the ends of justice? To what height meanest thou to carry thy daring inso- lence? Art thou not daunted by the nocturnal watch posted to secure the Palatium? Nothing by the city guards? nothing by the consternation of the people? nothing by the union of all the wise and worthy citizens? nothing by the senate's assembling in this place of strength ? nothing by the looks and countenances of all here present? Seest thou not that all thy designs are brought to light? that the senators are thorougly apprized of thy conspiracy? that they are acquainted with thy last 120 RHETORIC AS AN ART OF PERSUASION. night's practices ; with the practices of the night before ; with the place of meeting; the company summoned to- gether and the measures concerted ? Alas, for our degen- eracy ! alas, for the depravity of the times! " 7. St. John Chrysostom, a father of the church of the 4th century, made in his youth a special study of oratory, and ultimately be- came the most eloquent speaker of his day. He was scarcely, if at all, inferior to Cicero in force of thought and liveliness of expression, and like him often indulged in figurative expressions. Eutropas was a patrician, and had been consul and great chamberlain to the Emperor Arcadius. He lived in a style of regal magnificence, and was arrogant in the use of authority. Falling into disfavor with the emperor, he was removed from au- thority, sent to prison, and his life imper- iled. Chrysostom, seized on the occasion of the minister's downfall, to discourse on the vanity of human life, as follows: "'Vanity of vanities; all is vanity.' Where is now the splendor of the consulate? where the lictors and their fasces ? where the applauses, dances, banquets, and revels ? where the noise of the city, and the nattering acclama- tions of the circus ? All those things are perished ; a bois- terous wind has blown away the leaves, and left the naked tree tottering, and almost plucked up by the roots. Such was the violence of the storm, that when it had shaken all FIGURES OF SPEECH. 121 the nerves, it threatened utterly to overthrow the stock. Where are now those masking friends, those health, and suppers? Where that swarm of parasites, and that flood of wine poured out from morning till evening? Where that exquisite and various artifice of cooks, those servants accustomed to say and do all that he pleased? All these were no more than a night's dream, which disappeared with the day; flowers which withered when the spring was ended; a shadow they were and so they passed; a smoke, and so they vanished; bubbles in the water, and so they burst ; spiders' webs, and they were torn asunder. 'Vanity of vanities, all is vanity.' * * Who was more exalted than this man? Was he not famous for his wealth through the world? Was he not mounted up to the height of all human honor ? did not all fear and rev- erence him? But behold him now more miserable than slaves and bondsmen ; more indigent than those who beg their bread from door to door. There is no day when there is not set before his eyes swords drawn and sharp- ened to cut his throat ; precipices, hangmen, and the street which leads to the gallows. 'Vanity of vanities, all is vanity.'" 8. From the writings of an ancient Brah- min: " Who is like unto the Lord in glory ? Who in power shall contend with the Almighty? Hath He any equal in wisdom ? Can any in goodness be compared unto Him ? ' Socrates taught his disciples in dialogues, in which his questions were so discreetly put. that the answers thereto necessarily compelled an admission of the truths im- 122 RHETORIC AS AN ART OF PERSUASION. plied in them, or had to rest on error or absurdity; and lawyers who would excel in the examination of witnesses, would do well to study the dialogues of Socrates as related in Plato and Xenophon. Lawyers frequently become wearisome to both court and jury by unnecessary repeti- tions of the same idea or ideas in the narra- tive or didactic style. If they fear that they have not been properly understood by what they have once said in the common mode of expression, it is better to repeat the idea in the interrogative form, when its novelty and change of language will be very apt to arrest attention, and secure impartial hear- ers. Indeed, a lengthy speech, whether at the bar, or elsewhere, shows defective judgment, and should always be carefully avoided. Cicero said: "An orator should speak concisely lest he shall become wearisome, and brevity is the best recommendation of a speech." Confucius said to his disciples when he sent them forth to teach: " Let your speeches be short, that the remembrance of them may be long." FIGURES OF SPEECH. 123 The Nazarene advised His disciples to make short prayers, and be not like the heathens, who thought they would be heard for their much talk. Pope expresses himself thus: "Distrustful sense with modest caution speaks, And still looks home and short excursion makes, But rattling nonsense in full volley breaks." Washington advised his nephew who was a member of the Virginia House of Burgess, to make short speeches, to be modest in his address, and to confine his remarks closely to the subject under consideration. Jefferson said he had been a colleague of both Franklin and Washington in the Con- tinental Congress, and he never knew either of them to speak over ten minutes at one time, and what they said was directed sim- ply to the main point of the matter under discussion. Cicero in his speech for M. Tullius, appeals to Lucius Quintius, the opposing advocate, to put some limit to the length of his speech, as follows: "One thing, Lucius Quintius. 1 should wish to obtain from you, which, although I desire it because it is useful 124 RHETORIC AS AN ART OF PERSUASION. for me, still I request of you because it is reasonable and just— that you would regulate the time that you take to yourself for speaking, so as to leave the judges some time for coming to a decision. For the night before, there was no end to your speech in his defense; night alone set bounds to your oration. Now, if you please, do not do the same ; this I beg of you. Nor do I beg it on this account, because I think it desirable for me that you should pass over some topics, or that you should fail to state them with sufficient elegance, and at sufficient length, but be- cause I do think it enough for you to state each fact only once. And if you do that, I have no fear that the whole day mill be taken up in talking." 9. Interrogation. The interrogation. was rather fully consid- ered under the head of "Rhetorical Dia- logue," in consequence of its near relation- ship to that figure of speech, and I will only add here concerning it, that it is a very ener- getic mode of expression, and is often indul- ged in by impassioned speakers, of which Patrick Henry and Mr. Clay amongst the modern, and Cicero and Demosthenes with the ancients, are striking examples. 10. Personification. Personification is a very bold expression, as it attributes life and sensibility to inani- FIGURES OF SPEECn. 125 mate objects. The following are examples of it: " The ground thirsts for rain." " The earth smiles with plenty." Here life and action are attributed to ground and earth. Shakespeare in his play of Julius Caesar, causes Antony to address the dead body of the tyrant as though it were listening to him; thus: "O pardon me thou bleeding piece of earth, That I am meek and gentle with these butchers ; Thou art the ruins of the noblest man, That ever lived in the tide of time." From Ossian: " The sword of Gaul trembles at his side, and longs to glitter in his hand." From Thompson's seasons: " See Winter comes to rule the varied year. Sullen and sad, with all his rising train, Vapors, and clouds, and storms." From the Iliad: "Ab when old Ocean roars, And heaves huge surges to the trembling shores.' 126 RHETORIC AS AN ART OF PERSUASION. From Milton: "With such delay Well pleased, they slack their course, and many a league, Cheer'd with the grateful smell, old Ocean smiles" From Lucan's Pharsalia: " But a greater power was there in the Grecian weapons against the Roman bodies. For the lance not content to pass through but one side, did not cease its course, but opening a way through both arms and through bones left death behind and flies on ; after the wound a career still remains for the weapon." " The mountains look on Marathon— And Marathon looks on the sea ; And musing there an hour alone, I dreamed that Greece might still be free ; For standing on the Persian's grave I could not deem myself a slave." David in his poetic lamentation over the deaths of Saul and Jonathan, gives scope to his imagination as follows: " From the blood of the slain the bow of Jonathan turned not back, and the sword of Saul returned not empty." Sophocles in his tragedy of Philoctetes, causes his hero to address material objects near him, in the following plaintive expres- sions: FIGURES OF SPEECH. 127 "Ye harbors, ye promontories, ye haunts of the mount- ain beasts, ye precipitous crags, to you I speak, for I know none else to whom I might. I bewail to you the deeds, of the son of Achilles, how cruel he hath been to me." The same author, again: "Beam of the sun that hath shone the fairest light of all before to seven-gated Thebes ; thou hast at length gleamed forth, oh ! eye of golden day ! " I have often admired a beautiful personifi- cation of "night" to be found in "Hervey's Meditations;" thus: " The darkness is now at its height, and I cannot but admire the obliging manner of its taking place. It comes not with a blunt and abrupt incivility, but makes gentle and respectful advances. A precipitate transition from the splendors of day to all the horrors of midnight would be inconvenient and frightful. * * Therefore the gloom rushes not upon us instantaneously, but increases by slow degrees; and sending twilight before as its har- binger, decently advertises us of its approach." From the speech of the Doge of Venice on his trial before the Council of Ten, in Byron's Marino Faliero: " Doge. I speak to Time and to Eternity, Of which I grow a portion, not to man. Ye elements! in which to be resolved I hasten, let my voice be as a spirit Upon you ! Ye blue waves ! which bore my banner, 128 RHETORIC AS AN ART OF PERSUASION. Ye winds! which fluttered o'er as if you loved it, And filled my swelling sails as they were wafted To many a triumph ! Thou my native earth, Which I have bled for, and thou foreign earth, Which drank this willing blood from many a wound ! Ye stones, in which my gore will not sink, but Reek up to Heaven! Ye skies which will receive it! Thou sun! which shinest on these things, and Thou Who kindlest and who quenchest suns! Attest! I am not innocent — but are these guiltless ? I perish, but not unavenged ; for ages Float up from the abyss of time to be, And show these eyes, before they close, the doom Of this proud city ; and I leave my curse On her and hers forever." From Goldsmith: "As some tall cliff that lifts its awful form, Swells from the vale and midway meets the storm, Though round its breast the rolling clouds are spread, Eternal sunshine settles on its head." From Hudibras: " The trenchant blade, Toledo trusty. For want of fighting, was grown rusty, And ate into itself, for lack Of somebody to hew and hack." From Rogers: "Lo, steel-clad War his gorgeous standard rears!" FIGURES OF SPEECH. 129 From Shakespeare: "King Henry. How many thousands of my poorest subjects, Are at this hour asleep ! Sleep, gentle sleep, Nature's soft nurse, how have I frighted thee, That thou no more wilt weigh my eyelids down, And steep my senses in f orgetf ulness ; Why rather, sleep, liest thou in sueky cribs, Upon uneasy pallets stretching thee, And hushed with buzzing night flies to thy slumber; Than in the perfumed chambers of the great, Under the canopies of costly state, And lull'd with sounds of sweetest melody ? O thou dull god, why liest thou with the vile In loathsome beds, and leav'st the kingly couch, A watch case to a common 'larum bell? Wilt thou upon the high and giddy mast, Seal up the ship-boy's eyes, and rock his brains In cradle of the rude impetuous surge; And in the visitation of the winds, Who take the ruffian billows by the top, Curling their monstrous heads, and hanging them With deafening clamors in the slippery shrouds, That with a hurly death itself awakes? Canst thou, partial sleep, give thy repose To the wet sea-boy in an hour so rude And, in the calmest and most stillest night With all appliances and means to boot, Deny it to a king? Then, happy low! lie down; Uneasy lies the head that wears a crown." > From Milton: lying, her rash hand in evil hour Forth reaching t<» the fruit, she plucked, she ate. 9 130 RHETORIC AS AN ART OF PERSUASION. Earth felt the wound, and Xature, from her seat Sighing through all her works, gave signs of woe That all was lost." From Percival: " The world is full of poetry. The air Is living with its spirit ; and the waves Dance to the music of its melodies, And sparkle in its brightness." " THE KE AJPER AND THE FLOWERS. " There is a reaper whose name is Death, And, with his sickle keen, He reaps the bearded grain at a breath, And the flowers that grow between. •"Shall I have naught that is fair? saith he; Have naught but the bearded grain ? Though the breath of these flowers is sweet to me I will give them all back again.' H He gazed at the flowers with tearful eyes, He kissed their drooping leaves ; It was for the Lord of Paradise, He bound them in his sheaves. " 'My Lord hath need of these flowers gay/ The Reaper said, and smiled ; *Dear tokens of the earth are they, Where he was once a child.' ■ ■ They shall all bloom in fields of light, Transplanted by my care, And saints upon their garments white, These sacred blossoms wear.' FIGURES OF SPEECH. 131 "And the mother gave, in tears and pain, The flowers she most did love ; She knew she should find them all again, In the fields of light above. " 0, not in cruelty, not in wrath, The Keaper came that day; 'Twas an angel visited the green earth, And took the flowers away." Longfellow. Ossian addresses the sun, and laments his blindness which prevents him from seeing its glory; thus: " O thou that rollest above, round as the shield of my fathers ! Whence are thy beams, Sun ! thy everlasting light! Thou comest forth in thy awful beauty ; the stars hide themselves in the sky ; the moon, cold and pale, sinks in the western wave; but thou thyself movest alone. Who can be a companion of thy course? The oaks of the mountain fall; the mountains themselves decay with years ; the ocean shrinks and grows again ; the moon her- self is lost in Heaven : but thou art forever the same, re- joicing in the brightness of thy course. When the world is dark with tempests, when thunder rolls and lightning flies, thou lookest in thy beauty from the clouds, and laughest at the storm. But to Ossian thou lookest in vain, for he beholds thy beams no more ; whether thy yellow hair flows on the eastern clouds, or thou tremblest at the gates of the west. " But thou art perhaps like me for a season ; thy years will have an end. Thou shalt sleep in thy clouds careless of the voice of the morning. "Exult then, O Sun In the strength of thy youth! age is 132 RHETORIC AS AN ART OF PERSUASION. dark and unlovely ; it is like the glimmering light of the moon when it shines through broken clouds and the mist is on the hills; the blast of the north is on the plain; the traveler shrinks in the midst of his journev." The following from the pen of Iowa's gifted poetess, "Kate Harrington," is a beautiful example of the figure under con- sideration: "WHAT ARE THE SNOW-FLAKES. "Say, whence come the snow-flakes— the pure, fleecy snow-flakes, That flutter so softly, so tremblingly by ? Are they foam from the ocean of ether above us, Or petals from roses that blow in the sky ? Do seraphs who wander beside the still waters, Or linger, entranced, in fair bowers above, Keep culling the leaves of the blossoms around them To scatter them earthward as tokens of love ? "Are they down that the beautiful angel of summer, At parting, so noiselessly shakes from her wings ? Or heralds sent forth by the glittering Frost King To tell of the jewels he so lavishly brings ? Oh! I sometimes half dream, as I watch the flakes falling, That 'tis Purity's self gliding down from the skies, 'Till meeting our earth-damps of sin and pollution, They melt her to tears and of pity she dies." FIGURES OF SPEECH. 133 " Love," as one of the chief influences of the human mind, is beautifully personified by Scott's "Last Minstrel"; thus: " In peace, Love tunes the shepherd's reed, In war, he mounts the warrior's steed ; In halls, in gay attire is seen, In hamlets, dances on the green. Love rules the court, the camp, the grove, And man below and saints above ; For love is heaven, and heaven is love." Byron personifies the ocean, and addresses it in the following expressive words and sub- lime thoughts: " Roll on, thou deep and dark blue Ocean— roll ! Ten thousand fleets sweep over thee in vain ; Man marks the earth with ruin — his control Stops with the shore ;— upon the watery plain The wrecks are all thy deed, nor doth remain A shadow of man's ravage, save his own, When, for a moment, like a drop of rain, He sinks into thy depths with bubbling groan, Without a grave, unknelled, uncomned, and unknown." 1 Thou glorious mirror, where the Almighty's form, Glasses itself in tempests ; in all time, Calm or convulsed— in breeze, or gale, or storm, Icing the pole, or in the torrid clime Dark-heaving ; boundless, endless, and sublime — The image of Eternity— the throne Of the Invisible ; even from out thy slime 134 RHETORIC AS AN ART OF PERSUASION. The monsters of the deep are made ; each zone Obeys thee; thou goest forth, dread, fathomless, alone." "Sun, stand thou still upon Gibeon, and thou moon, in the valley of Ajalon." Joshua x, 12. The application of sex to what belongs in strict language to the neuter gender, is a frequent source of personified expression. We say of the sun, he shines by the inherent power of his own light, and of the moon, she shines by reflection of the sun's rays. The earth, a country, a city, a ship, while criti- cally neuter in language, are most frequently spoken of under a feminine designation. In strict language the term "virtue" is neuter in gender, and yet in rhetorical language it is often personified. Example. " Virtue descends from Heaven— she alone confers true honor upon man— her gifts are the only durable rewards.'' 11. Vision. Rhetoric attaches to the term "vision," a meaning somewhat different from its com- mon acceptation. In rhetoric it implies something is taking place now, which in FIGURES OF SPEECH. 135 fact belongs to the past, or it represents something as present to the mind now, which is anticipated of the future. Examples. "The cries of the victims of savage vengeance, have already reached us! Already they seem to sigh in the western wind. Already they mingle with every echo from the mountains." Cioero in one of his orations against the Cataline conspirators, says: " I seem to behold this city, the light of the universe, and the citadel of all nations, suddenly involved in flames. I figure to myself my country in ruins, and the miserable bodies of slaughered citizens, lying in heaps without bur- ial. The image of Cethegus furiously revelling in your blood is now before my eyes." In Campbell's poem entitled "Lochiel's Warning," is a most thrilling example of this figure, commencing with the lines, " Lochiel ! Lochiel ! beware of the day, When the Lowlands shall meet thee in battle array, For a field of the dead rushes red on my sight, And the clans of Culloden are scattered in flight." 136 RHETORIC AS AN ART OF PERSUASION. Voluinnia, in Coriolanus, act 1, scene 3, addresses the wife of her son, thus: "MethinTcs, I hear hither your husband's drum, See him pluck Aufidens down by the hair ; Methinks, I see him stamp thus, and call thus- Come on you cowards, you were got in fear, Though you were born in Rome. His bloody brow, With his mailed hand then wiping, forth he goes." "Andromache— thy griefs I dread: I see thee trembling, weeping, captive led." "Soldiers! from yonder pyramids forty centuries look down upon you." "I see the dagger crest of Mar, I see the Moray's silver star Wave o'er the clouds of Saxon war, That up the lake comes winding far." "I saw all Israel scattered upon the hills, as sheep that have not a shepherd." 12. Apostrophe. Apostrophe is an address to some absent or dead person as if he were present and listening to us, and sometimes refers to a personified object. FIGURES OF SPEECH. 137 Examples. " Ye mountains of Gilboa, let there be no dew, neither let there be rain upon you." * * * "Ye daughters of Israel, weep over Saul who clothed you in scarlet." "Washington, immortal spirit! revisit and save thy country." " death where is thy sting ? O grave, where is thy victory ? " " O you leaden messengers, That ride upon the violent speed of fire, Fly with false aim ; pierce the still moving air, That stings with piercing ; do not touch my lord." "Brutus. O Julius Caesar, thou art mighty yet! Thy spirit walks abroad, and turns our swords In our own proper entrails." " Oh, Hesperus ! thou bringest all good things- Home to the weary, to the hungry cheer, To the young bird the parent's brooding wings, The welcome stall to the o'er labored steer ; Whate'er of peace about our hearthstone clings, Whate'er our household gods protect of dear, Are gather'd round us by thy look of rest, Thou bring'st the child, too, to the mother's breast.' Byron. 138 RHETORIC AS AN ART OF PERSUASION. From the speech of Eobert Emmet on his trial before Lord Norbury: " O ever dear and venerated shade of my departed father, look down with scrutiny upon the conduct of your suf- fering son." Cicero rejoices over the death of Clodius in the following bitter terms: " Our sacred places themselves, by heavens, which saw this monster fall, seemed to be interested in his fate, and to vindicate their rights in his destruction. For you, ye Alban mounts and groves, I implore and attest, ye demol- ished altars of the Albans. * * Upon his fall your altars, your rites nourished, your power prevailed, which he had defiled with all manner of villainy. And you, O venerable Jupiter ! from your lofty Latin mount, whose lakes, whose woods and borders, he polluted with the most abominable lust, and every species of guilt, at last opened your eyes to behold his destruction." Paterculus in his compendium of Roman history, addresses the dead triumvir, Mark Antony, as if he were present and listening to him; and reproaches him for his treat- ment of Cicero; thus: " But you have gained nothing, Mark Antony, you have gained nothing, I say, by paying the hire for closing those divine lips, and cutting off that noble head, and by pro- curing for a fatal reward, the death of a man, once so great a consul, and the preserver of the commonwealth. You deprived Marcus Cicero of a life full of trouble and FIGURES OF SPEECH. 139 of a feeble old age; an existence more unhappy under your ascendency, than death under your triumvirate; but of the fame and glory of Jiis actions and writings you have been so far from despoiling him, that you have even in- creased it. He lives and will live in the memory of all succeeding ages. And as long as this body of the universe, whether framed by chance or wisdom, or by whatever means, which he, almost of all the Romans penetrated with his genius, comprehended in his imagination, and illustrated by his eloquence, shall continue to exist, it will carry the praise of Cicero as its companion in duration. All posterity will admire his writings against you, and execrate your conduct towards him ; and sooner shall the race of man fail in the world, than his name decay." Martial in one of his epigrams, addresses the dead triumvir, thus: "O Antony, thou canst cast no reproach upon the Egyptian Pothinus; thou didst more injury by the mur- der of Cicero, than by all your proscription lists. Why did you draw the sword, madman, against the mouth of Rome! Such a crime not even Cataline himself would have committed. An impious soldier was corrupted by your accursed gold, and for so much money procured you the silence of a single tongue. But of what avail to you is the dearly bought suppression of that sacred eloquence ? On behalf of Cicero the whole world will speak." Considering that the body of the dead tri- umvir was hardly cold in its grave when these invectives were uttered, and that all the then civilized world was under the rule 140 RHETORIC AS AN ART OF PERSUASION. of the tyranny -which he had been active in establishing, one is at a loss whether most to admire the independent and fearless spirit of the men who thus denounced him, or the thrilling words of eloquence in which their abhorrence of his conduct is expressed. 13. Antithesis. Antithesis signifies contrast or opposition of two or more ideas, sentiments, or concep- tions. It presents arguments in a very sen- tentious, yet energetic style. The speeches of eminent orators abound in the use of this figure. Examples. Cicero in his second speech against Cata- line, draws a comparison between his fol- lowers and those of Cataline, to the disad- vantage of the latter, as follows: " I say, if, omitting all these, we only compare the con- tending parties between themselves, it will soon appear how very low our enemies are reduced. On the one side modesty contends, on the other petulance ; here chastity, there pollution ; here integrity, there treachery ; here piety, there prof aneness ; here resolution, there rage ; here honor, there baseness; here moderation, there unbridled licen- tiousness; in short, equity, temperance, fortitude, pru- FIGURES OF SPEECH. 141 dence, struggle with iniquity, luxury, cowardice, rashness ; every virtue with every vice. The contest lies between wealth, and indigence; sound, and depraved reason; strength of understanding, and frenzy; between well grounded hope, and the most absolute despair. In such a conflict and struggle as this, was even human aid to fail, will not the immortal gods enable such illustrious virtue, to triumph over such complicated vice ? " Sallust in his history of the Jugurthine war, reports a speech of Marius, in hostility to certain of the nobility of Rome, in which is found the following gem of antithesis: "Compare now, my fellow citizens, me, who am a new man, with those haughty nobles. What they have but heard or read, I have witnessed or performed. What they have learned from books, I have acquired in the field. * * * They despise my humbleness of birth ; I con- temn their imbecility. My condition is made an objection to me ; their misconduct is a reproach to them. * * * They envy me the honor that I have received ; let them also envy me the toils, the abstinence, and the perils by which I obtained that honor." From Demosthenes in his reply to ^Eschi- nes in the oration on the crown: " Take, then, the whole course of your life, ^Esehines- and of mine; compare them without heat or acrimony' You attended on your scholars ; I was myself a scholar You served in the initiations; I was initiated. You were a performer in our public entertainments; I was the di- rector. You took notes of speeches; I was a speaker. 142 RHETORIC AS AN ART OF PERSUASION. You were a player; I was a spectator. You failed in your part; I hissed you. Your public conduct was de- voted to our enemies ; mine to my country. * * * Come, then ; hear me while I repeat the several attesta- tions of these public offices which I have discharged ; and in return do you repeat those verses which you spoiled in the delivery : 1 Forth from the deep abyss, behold I come ! And the dread portal of the dusky gloom.' And, 1 Know, then, howe'er reluctant I must speak Those evils .' " 0, ,may the gods inflict ' those evils ' on thee ! may these thy countrymen inflict them to thy utter destruction ! — thou enemy to Athens ! thou traitor ! " The proverbs of Solomon, especially the 10th, 11th, 12th, 13th, and 14th chapters, abound with many beautiful and striking instances of antithesis, of which the follow- ing are examples: "A wise son maketh a glad father ; but a foolish son is the heaviness of his mother. "A soft answer turneth away wrath; but grievous words stir up anger. "He that trusteth in his riches shall fall; but the righteous shall flourish as a branch. "The lip of truth shall be established forever; but a lying tongue is but for a moment. " When the righteous are in authority, the people re- joice; but when the wicked beareth rule, the people mourn." FIGURES OF SPEECH. 143 Extracts from the proverbs of an ancient Brahmin: 44 The hand of the generous man is like the clouds of Heaven, which drop upon the earth fruits, herbage, and flowers ; but the heart of the ungrateful is like a desert of sand, which swalloweth with greediness the showers that fall, burieth them in its bosom, and produceth nothing. 44 The tongue of the sincere is rooted in his heart ; he blusheth at falsehood and is confounded ; but the heart of the hypocrite is hid in his breast, he masketh his words in the semblance of truth, while the business of his life is only to deceive. He passeth his days in perpetual con- straint ; his tongue and his heart are ever at variance. 44 Seest thou not that the angry man looseth his under- standing? Do nothing in a passion. Why wilt thou put to sea in the violence of a storm ? "A fool is provoked with insolent speeches, but a wise man laugheth them to scorn." From " Pollock's Course of Time": 44 Wisdom is humble, said the voice of God. ' Tis proud, the world replied. Wisdom, said God, Forgives, forbears and suffers, not for fear Of man, but God, Wisdom revenges, said The world ; is quick and deadly of resentment, Thrusts at the very shadow* of affront, And hastes, by death, to wipe its honor clean. Wisdom, said God, loves enemies, entreats, Solicits, begs for peace. Wisdom, replied The world, hates enemies; will not ask peace, Conditions spurns, and triumphs in their fall. Wisdom mistrusts itself, and leans on Heaven, Said God. It trusts and leans upon itself, 144 RHETORIC AS AN ART OF PERSUASION. The world replies. Wisdom retires, said God, And counts it bravery to bear reproach, And shame, and lowly poverty upright ; And weeps with all who have just cause to weep. Wisdom, replied the world, struts forth to gaze ; Treads the broad stage of life with clamrous foot ; Attracts all praises ; counts it bravery Alone to wield the sword, and rush on death ; And never weeps but for its own disgrace. Wisdom, said God, is highest, when it stoops Lowest before the Holy Throne, throws down Its crown abased, forgets itself, admires, And breathes adoring praise. ******** Thus did Almighty God, and thus the world, Wisdom define." From Goldsmith: " Contrasted faults through all their manners reign ; Though poor, luxurious ; though submissive, vain ; Though grave, yet trifling ; zealous, yet untrue ; And e'en in penance, planning sins anew." From a sermon of St. Chrysostom: "Man troubles himself, and loses his end: he troubles himself, consumes and melts to nothing, as if he had never been born ; he troubles himself, and before he at- tains rest, is overwhelmed ; he is inflamed like a fire, and is reduced to ashes like flax ; he mounts on high like a tempest, and like dust is scattered and disappears ; he is kindled like a flame, and vanishes like smoke ; he glories in his beauty like a flower, and withers like hay; he spreads himself as a cloud, and is contracted as a drop ; FIGURES OF SPEECH. 145 ho swells like ;i 1 nibble of water, and goes out like a sparkle; he is troubled and cares nothing about him but the tilth of riches; he is troubled only to gain dirt; he is troubled and dies without fruit of his vexations. His are the troubles, others the joys; his are the cares, others the contents; his are the afflictions, others the fruit; his are the heart-burnings, others the delights; his are the curses, others have the respect and reverence. * * * Man is lie who enjoys a life but lent him, and that but for a short time ; man is but a debt of death, which is to be paid without delay; subtle in wickedness, witty in iniquity, insatiable in the desire of what is anothers; a flame which quickly dies, a light which vanisheth into air, a dead leaf, withered hay, faded grass, a nature which con- sumes itself; to-day abounds in wealth, and is to-morrow in his grave; to-day hath his brows circled with a dia- dem, and to-morrow is with worms; he is to-day, and to- morrow ceases to be ; immeasurably insolent in prosperity, and in adversity admits no comfort; who knows not him- self, yet is curious in searching what is above him ; he who is an open house of perturbation, a game of divers infirmities, a concourse of daily calamities, and a recep- tacle of sorrow. how great is the tragedy of our base- ness ! " Seneca's compositions were usually of the antithetical style, of which the following from his treatise on .a " Happy Life," may be considered a fair example and illustration: "Whatsoever may be will be. I am to-day safe and happy in the love of my counry: I am to-morrow ban- ished; to-day in pleasure, peace, health; to-morrow broken upon a wheel, led in triumph, and in the agony of sick- 10 146 RHETORIC AS AN ART OF PERSUASION. ness. Let us therefore prepare for a shipwreck in the port, and for a tempest in a cairn." Seneca by the constant contemplation of death and the world of the hereafter, had so educated himself, that he feared no worldly misfortune which is not attended with dis- honor; and when the imperial tyrant (his former pupil) sent his mandate for him to be put to death, he met the summons with the calmness of a child going to sleep on its mother's breast; he died as he lived teaching and practicing virtue. 14. Epimone. " Epimone in rhetoric, signifies the press- ing upon some particular word or point, and repeating it over and over again, until it is made rediculous by the repetition." Examples. Mr. Sheridan in a part of his speech on his motion in 1793, to consider of certain alleged seditious practices referred to in the king's speech to parliament, replied to Mr. Wyndham, thus: "My friend fMr. Wyndham) has been panic struck, and now lie strengthens the hands of government. Xot FIGURES OF SPEECH. 147 later than the preceding session, he would pull off the mask of perfidy, and declaimed loudly against that im- plicit confidence which some had argued ought to be placed in ministers. It was owing entirely to this panic that Mr. Wyndham now prevailed with himself to sup- port the minister because he had a bad opinion of him. It was owing to this panic that a noble and learned lord (Loughborough) had given his disinterested support to government ; and it was owing to this panic that he ac- cepted the seals of an administration he had uniformly reprobated. But it was all owing to this panic that a right honorable gentleman (Mr. Burke) had lost his fine taste, and descended to the most ridiculous pantomime tricks, and contemptible juggling— such as to carry knives and daggers to assist him in efforts of description." In 1832, during the administration of Pres- ident Jackson, the Congress of the United States passed a bill to re-charter the United States Bank, which had been originally- chartered during the administration of Pres- ident Madison. President Jackson vetoed the bill to re- charter, and in his veto message indulged in some remarks to which Mr. Clay, then a member of the United States Senate took exception, and to which he replied from his place in the Senate with much warmth of thought and energy of expression. In the course of his speech addressing the presi- dent of the Senate, he uttered the following, 148 RHETORIC AS AN ART OF PERSUASION. which is a very striking example of the figure under consideration: "Mr. President : There are some parts of this message that ought to excite alarm ; and that especially in which the President announces that each public officer may in- terpret the Constitution as he pleases. His language is, ' Each public officer who takes an oath to support the Con- stitution swears that he will support it as he understands it, and not as it is understood by others.' "Now, Mr. President, I conceive, with great deference, that the President has mistaken the purport of the oath to support the Constitution of the United States. No one swears to support it as he understands it, but to support it simply as it is in truth. All men are bound to obey the laws, of which the Constitution is supreme ; but must they obey them as they are, or as they understand them f If the obligation of obedience is limited and controlled by the measure of information: in other words, if the party is bound to obey the Constitution only as he understands it, what would be the consequence? The judge of an in- ferior court would disobey the mandate of a superior tri- bunal, because it was not in conformity to the Constitu- tion as he understands it; a custom-house officer would disobey a circular from the Treasury department, because contrary to the Constitution as he understands it; an American minister would disregard an instruction from the President communicated through the department of State, because not agreeable to the Constitution as he un- derstands it; and a subordinate officer in the army or navy, would violate the orders of his superior, because they were not in accordance with the Constitution as he understands it. There would be general disorder and con- fusion throughout every branch of administration, from the highest to the lowest officers— universal nullification. * * * * The President independent both of Con- FIGURES OF SPEECH. 149 gress and the Supreme Court! Only bound to execute the laws of the one and the decisions of the other, as far as they conform to the Constitution of the United States, as far as he understands it. Then it should be the duty of every President, on his installation into office, to care- fully examine all the acts in the Statute book, approved by his predecessors, and mark out those which he was re- solved not to execute, and to which he meant to apply this new species of veto, because they were repugnant to the Constitution as he understands it. And after the ex- piration of every term of the Supreme Court, he should send for the record of its decisions, and discriminate be- tween those which he would, and those which he would not execute, because they were or were not agreeable to the Constitution as He understands it." 15. Irony. Irony is expressing ourselves contrary to our thoughts, not with a view to deceive, but to add force to our remarks. Examples. Thus we can reprove one for his negli- gence by saying: " You have taken great care, indeed ! " The prophet Elijah adopted this figure when he challenged the priests of Baal to a proof of their deity. " He mocked them and said, 'cry aloud, for he is a god; 150 RHETORIC AS AN ART OF PERSUASION. either he is talking, or he is pursuing, or he is on a journey, or peradventure he sleepeth and must be waked.' " " They boast, they came but to improve our state, en- large our thoughts, and free us from the yoke of error ! Yes, they will give enlightened freedom to our mind, who are themselves the slaves of passion, avarice, and pride. They offer us their protection. Yes, such protection as vultures give to lambs, covering and devouring them !" " Your consul is merciful ; for this all thanks. He dare not touch a hair of Cataline." m Such a virtuous and humane prince as Henry the 8th of England!" "Orleans. I know him to be valiant. Constable. I was told that by one that knows him bet- ter than you. Orleans. What 's he ? Constable. Marry, he told me so himself, and he said he cafd not who knew it." " Oh, admirable laws of Venice ! Which would admit the wife, in the hope That she might testify against the husband. What glory to the chaste Venetian dames ! " P. Clodius was the descendant of a long line of illustrious Roman ancestors. He was a patrician by birth, and possessed a FIGURES OF SPEECH. 151 versatile genius which he perverted to the vilest purposes, courting the lowest dregs of society and leading them into violent ex- cesses. He was killed in a personal conflict with Milo, and while all good citizens felt that the public morals were benefited by his death, yet such was the clamour of his adherents and followers, that the Senate was compelled to put Milo on trial for the hom- icide. Milo was defended by Cicero who had despised and hated Clodius in his life time, and who in the course of his speech for Milo, reflected on the memory of his dead enemy in the following ironical terms: "But it is weak in one to presume to compare Drusus, Africanus, Pompey, or myself, with Clodius. Their lives could be dispensed with ; but as to the death of P. Clodius no one can bear it with any degree of patience. The Sen- ate mourns ; the knights grieve ; the whole state is broken down as if with age; the municipalities are in mourning; the colonies are bowed down ; the very fields even regret so beneticient, so useful, so kind hearted a citizen ! " Augustus in reply to a challenge sent him by Mark Antony to fight him in single com- bat: "Tell Antony there are many other ways for him to die, than by my sword." 152 RHETORIC AS AN ART OF PERSUASION. Junius to Sir Wm. Draper: "An academical education has given you an unlimited command over the most beautiful figures of speech. Masks, hatchets, racks, and vipers, dance through your letters in the mazes of metaphorical confusion. These are the gloomy companions of a disturbed imagination; the melancholy madness of poetry without the inspiration. " I will not contend with you in point of composition ; you are a scholar, Sir William, and if I am truly informed, you write Latin with almost as much purity as England." 16. Climax. Climax in rhetoric signifies "a sentence, or series of sentences in which the success- ive members or sentences rise in force, im- portance, or dignity, to the close of the sen- tence or series." Examples. Erskine in his defense of Home Tooke, thus: " There still remains that which is even paramount to the law— that great tribunal which the wisdom of our ancestors raised in this country for the support of the people's rights— that tribunal which has made the law— that tribunal which has given me you to look at— that tribunal which is surrounded with an hedge as it were set about it— that tribunal w T hich from age to age has been fighting for the liberties of the people, and without the aid of which it would have been in vain for me to FIGURES OF SPEECH. 153 stand up before you, or to think of looking around for assistance." Cicero in one of his speeches against Yer- res, thus: "It is a crime to put a Roman citizen in bonds— it is the height of guilt to scourge him — little less than parricide to put him to death ; what name, then, shall I give the act of crucifying him ? " "And besides this, giving all diligence, add to your faith, virtue ; and to virtue, knowledge ; and to knowledge, tem- perance; and to temperance, patience; and to patience, godliness; and to godliness, brotherly kindness; and to brotherly kindness, charity." 2 Peter, Ch. 1, vs. 5, 6, 7. Sir George McKenzie, a noted Scotch law- yer, engaged in the prosecution of a woman charged with murdering her own child, in address to the jury, thus: "Gentlemen: If one man had anyhow slain another; if an adversary had killed his opposer; or a woman occa- sioned the death of her enemy; even these criminals would have been capitally punished by the Cornelian law ; but, if this guiltless infant, who could make no enemy, had been murdered by its own nurse, what punishments would not then the mother have demanded ? With what cries and exclamations would she have stunned your i What shall we say then when a woman, guilty of homi- cide, a mother, of the murder of her innocent child, hath comprised all these misdeeds in one single crime V a crime 154 RHETORIC AS AN ART OF PERSUASION. in its own nature detestable ; in a woman prodigious ; in a mother incredible!" The book of Ruth furnishes the following very sentimental and elegantly expressed climax: "And Ruth said, ' Entreat me not to leave thee, or to return from following after thee ; for whither thou goest, I will go ; and where thou lodgest, I will lodge ; thy peo- ple shall be my people, and thy God my God ; where thou diest, I will die, and there will I be buried. The Lord do so to me, and more also, if aught but death part thee and me.'" "When we practice good actions awhile they become easy ; and when they are easy we begin to take pleasure in them ; and when they please us we do them frequently ; and, by frequency of acts, they grow into a habit." Tillot- son. "Wouldst thou divert thyself from melancholy? Wouldst thou be pleasant, yet be far from folly ? Wouldst thou read riddles and their explanation ? Or else be drowned in thy contemplation ? Dost thou love picking meat ? Or wouldst thou see, A man i ' the clouds, and hear him speak to thee ? Wouldst thou be in a dream, and yet not sleep? Or wouldst thou in a moment laugh and weep ? Wouldst thou lose thyself and catch no harm, And find thyself again without a charm ? Wouldst read thyself, and read thou knowest not what^ And yet know whether thou art blest or not, By reading the same lines ? O then come hither ! And lay my book, thy head, and heart together." Banyan's Apology for his Pilgrim's Progress. FIGURES OF SPEECH. 155 What rhetoricians of the present day term "climax," Quintillian termed "gradation," which indicates in literature, a form of speech or composition, "in which the ex- pression which ends one member of the pe- riod begins the second, and so on until the period is finished." The following are ex- amples quoted from Quintillian: 1. "From Jove, as they relate sprung Tantalus, From Tantalus sprung Pelops, and from Pelops Came Atreus, who is father of our race." 2. "Exertion gained merit to Africanus, merit glory and glory rivals." 3. "Trials for extortion have not, therefore, ceased, more than those for treason ; nor those for treason, more than those under the Plantian law ; nor those under the Plantian law, more than those for bribery ; nor those for bribery, more than those under any law." Ante-climax is the reverse of climax or gradation, and signifies a sentence in which its members descend or fall in dignity and importance to the close of the series. Examples. He is a wise man; wise in small things; wise in hi9 own conceit in all things. 156 RHETORIC AS AN ART OF PERSUASION. He is distinguished as a military man, having risen to the rank of a 3d corporal in the army of the Potomac. "She taught the child to read, and taught so well, That she herself, by teaching, learned to spell." "And thou, Dalhousie, thou great god of war, Lieutenant-colonel to the earl of Mar." "Some have at first for wit the poet pass'd, Turn'd critic next, and prov'd plain fool at last" GENERAL REFLECTIONS. 157 CHAPTER IV. GENERAL REFLECTIONS, CONCERNING SPEECH DELIVERY, NATURAL AND ARTI- FICIAL LANGUAGE, AND THE NECESSITY OF CLOSE APPLICATION TO STUDY, AND TO CONCENTRATION OF THOUGHT. " The varying face should every passion show, And words of sorrow wear the look of wo ; Let it in joy assume a vivid air, Fierce, when in rage ; in seriousness, severe ; For nature to each change of fortune forms The secret soul, and all its passions warms : Transports to rage, dilates the heart with mirth, Wrings the sad soul, and bends it down to earth. * * * * * * * * "With them who laugh our social joy appears ; With them who mourn we sympathize in tears ; If you would have me weep, begin the strain, Then shall I feel your sorrows, feel your pain ; But if your heroes are not w r hat they say, I sleep or laugh the lifeless scene away." Horace. —"The grand debate, The popular harangue, the tart reply, The logic, and the wisdom, and the wit, And the loud laugh— 1 long to know them all." (Jowper. L58 rhetoric as an art of persuasion. " There 's a charm in deliv'ry, a magical art, That thrills, like a kiss, from the lip to the heart ; 'Tis the glance— the expression— the well chosen word, By whose magic the depths of the spirit are stirr'd— The smile— the mute gesture— the soul stirring pause— The eye's sweet expression, that melts while it awes— The lip's soft persuasion— its musical tone : Oh! such were the charms of that eloquent one." Mrs. A. B. Welby. "When he speaks, The air, a charter'd libertine, is still, And the mute wonder lurketh in men's ears, To steal his sweet and honey'd sentences." Shakespeare. " He ceased ; the solemn silence now was broke, Which reigned triumphant while the hero spoke ; And then was heard, amid the general pause, One simultaneous burst of loud applause." /. T. Watson. "What shall be said of the attendants that follow the young orator from the bar, and watch his motions to his own house? With what importance does he appear to the multitude ! in the courts of judicature with what ven- eration. When he rises to speak, the audience is hushed in mute attention ; every eye is fixed on him alone ; the crowd presses around him ; he is master of their passions ; they are swayed, impelled, directed, as he thinks proper. These are the fruits of eloquence well known to all. " When the orator upon some great occasion, comes with a well digested speech, conscious of his matter, and ani- GENERAL REFLECTIONS. 159 mated by his subject, his breast expands, and heaves with emotions not felt before. "As to myself, if I may allude to my own feelings, the day on which I put on the manly gown, and even the days that followed, when as a new man at Rome, I rose in suc- cession to the offices of quaestor, tribune, and praetor ; those days, 1 say, did not awaken in my breast such exalted raptures as when in the course of my profession I was called forth to defend the accused; to argue a question of law before the centumviri, or in the presence of the prince to plead for his freedmen. Upon those occasions I tow- ered above all places of profit and all preferment ; I looked down on the dignity of tribune, pnetor and consul ; I felt within myself, what neither the favor of the great, nor the wills and codicils of the rich, can give, a vigor of mind, an inward energy, that springs from no external cause, but is altogether your own." From the dialogue of Tacitus on oratory. WHAT LANGUAGE IS. Language is either natural or artificial. Natural language is simply the expression of uneducated nature, and is manifested by different tones of voice; by gesticulation; and by countenance or facial expression. By different tones of voice; as to cry or utter plaintive sounds when hurt or op- pressed with sorrow; to laugh aloud when pleased; to utter guttural sounds when dis- pleased. By gesticulation or movements of the 160 RHETORIC AS AN ART OF PERSUASION. hands and arms and other parts of the body; as to beckon with the hand and arm for a per- son to come to you; to present your open hand with a push towards a person when you want him to go away from you, or when you wish to decline intercourse with him; to stamp with the foot, or to raise the arm in a threatening manner when in anger; to solicit a gift by extending the open hand; to embrace a person w T ith both hands and arms to show your affection for him. By countenance or facial expression: as to smile when gratified; to frown when dis- pleased, and so on. It is by natural language the brute crea- tion communicate with each other, and ex- press their feelings, affections, desires, and animosities. Savages meeting who do not understand each other's artificial language, will, by mo- tions of arms and body, tones of voice, and expressions of countenance, make known to each other with considerable clearness of com- prehension their respective wants, thoughts, and notions. Artificial language consists of words adopted by men for their convenience, to represent more perfectly their ideas, feelings, GENERAL REFLECTIONS. 161 sentiments, and desires; and in some lan- guages words are more elegant and expres sive than in others, accordingly as men are more or less advanced in civilization, and bestow more or less time upon the study and adornments of speech. Numerous words of different formations, especially in the English language, often ex- press the same idea or sentiment, or sub- stantially the same; but they are not each always equally appropriate in the delivery of a speech. Euphony, or agreeableness in sound, is often of material importance in the selection of a word, or words, to create a more striking or lasting impression on the mind of the hearer. As a general rule, short words, or words of one and two syllables, are more natural, and expressive than longer ones. Thus where can be found anything more neat, concise and elegant in speech, or more sublime in thought, than the following from the book of Job, which though it contains eighty-four words, has but twelve words beyond one syllable in length, and they of only two syl- lables? to- wit: "In thoughts bom the visions of the night, when deep Bleep falleth upon men, fear came upon me, and trembling, 11 162 RHETORIC AS AN ART OF PERSUASION. which made all my bones to shake. Then a spirit passed before my face ; the hair of my flesh stood up ; it stood still ; but I could not discern the form thereof ; an image was before mine eyes; there was silence; and I heard a voice, saying— shall mortal man be more just than God F That sublime expression, "God said let there be light and there was light," is com- posed entirely of monosyllables. But sometimes longer words are more ap- propriate, especially in the close of a sen- tence, because of sound or euphony. Next in importance to the study of words is the study of the structure and conforma- tion of sentences. It is said that short sentences best suit "gay and easy subjects "; and the following from Pope is a pertinent example of that species of composition: " I writ because it amused me. I corrected because it was as pleasant to me to correct as to write. I published because I was told it might please such as it was a credit to please." While gay and easy subjects may be best expressed in short sentences, it is equally true that the most expressive thoughts are often expressed in "brevity of speech." Sometimes the proper explication of a GENERAL REFLECTIONS. 163 subject requires a sentence of considerable length. " When Ajax strives some rock's huge weight to throw, The line too labors and the words move slow." Long and short sentences alternating each other give variety to expression, and are usually more agreeable in sound than when short sentences are run together, or when long sentences follow each other in quick succession. But there is no certain rule or rules for the structure of sentences in all regards, and good natural judgment aided by literary cul- ture is the only true criterion of the forma- tion of a sentence, either as regards the words to be used, or its length or brevity. The student of oratory should carefully familiarize himself with the most expressive words of his language, and in his speeches apply them in such relation as will give them their best efficiency, whether in the narrative, didactic, or interrogative style. "Words are the soul's amba. sudors, which go Abroad upon her errands to and fro ; They are the sole expounders of the mind, And correspondence keep 'twixt all mankind." 164 RHETORIC AS AN ART OF PERSUASION. Much is to be gained in the art of public speaking, by a careful study of the speeches of the great masters of oratory, and by listening to the speeches of those, who by the common sentiment of community, have become eminent in their vocation as speak- ers. But no one should in his speech at- tempt to imitate the style of speech of any other person. Imitators will always be sec- ondary personages. No one can give free and full vent to his thoughts and feelings, while he is at the same time seeking to clothe them in another person's apparel of expression. Study the speeches of others for informa- tion; but let your style of expression be your own, and be as natural in the delivery of your speech as possible, because to be natu- ral is to be graceful and pleasing to the hearers. "First follow Nature, and your judgment frame By her just standard, which is still the same ; Unerring nature still divinely bright, One clear, unchanged, and universal light, Life, force, and beauty, must to all impart, At once the source, and end, and test of art. Art from that fund each just supply provides, Works without show, and without pomp presides." GENERAL REFLECTIONS. 165 A graceful use of tones and modulations of voice, countenance or facial expression, and gesticulation, add much to the force and beauty of a speech, because they indicate the inner workings of the mind, though they are often resorted to when not felt, es- pecially in stage or theatrical acting. They are very susceptible of improvement, as much so perhaps as anything else that re- lates to the person, or to human conduct or actions generally. Some persons are natu- rally graceful in countenance, tones, and gesticulations; but none are so graceful in these matters, but that they may be the sub- ject of improvement; and. the student of oratory will be careful to avail himself of the instruction of a teacher of elocution, if he can possibly have the opportunity to do so. Cicero in his treatise "De Oratore," re- marks: "Words affect none but him who understands them; and sentiments, though they may be pointed, yet often escape a discernment that is not quick. But an action which is expressive of the passions of the mind is a lan- guage understood by all the world; for the same express- ions have the same effects through all; all mankind know them in others by the same characters in which he ex- presses them himself." 166 RHETORIC AS AN ART OF PERSUASION. Demosthenes amongst the Grecians, and Koscius amongst the Romans, were noted for their proficiency in the practice of natu- ral language in connection with their speeches. Demosthenes when asked what he considered the most important point in oratory, replied, "action"; and when further asked what he considered the next most im- portant point in oratory, again, replied, "ac- tion." He, of course, intended by what he said simply to show the advantage of proper action; to-wit: gesture, tones, modulations of voice, and so on, in the delivery of a speech, and not to disparage argument, nor its dress in appropriate language. Cicero said of Roscius that it was a ques- tion amongst learned Romans, whether he by words, or Roscius by pantomime in act- ing in the theatre, could better express a thought, sentiment, or desire. Besides naturalness in the use of action, the speaker should studiously seek natural- ness in the selection and use of words, tak- ing and using such only as are perspicuous and unambiguous. Quintillian says, "we must study not only that every hearer may understand us, but that it shall be impossi- ble for him not to understand us." GENERAL REFLECTIONS. 1G7 Young speakers, especially if fertile in genius and imagination, are very apt to fall into a tawdry and bombastic style of speech; and to such I would recommend a criticism from the pen of that eminent judge, and be- fore he went on the bench, able advocate, Hon. J. M. Love, in some lines he addressed to me on the general subject of forensic speaking, and which I take the privilege to quote in part as follows: "It is the inevitable tendency of every young orator gifted by nature with a vivid imagination to mistake the pomp and glitter of words for true eloquence, instead of that simplicity and naturalness of thought and style which have characterized the efforts of all truly great speakers. u The richer the soil the greater necessity for stern cul- ture, to remove the wild exuberance of weeds and flowers, and prepare the ground for the real harvest that is to come. " Mr. Webster has stated that when he first came to the bar, his style was florid and somewhat bombastic, and that he corrected this tendency, and reformed his taste, in con- sequence of noticing the extraordinary effects produced by the plain and unadorned simplicity of that great law- yer witli whom he had to contend, the celebrated Jere- miah Mason. " I once heard a very eminent lawyer and speaker Bay, that in his young days he was attracted by the gorgeous- ness and splendor which he found in the orations of Charles Phillips, and that when in later years, lie had emancipated himself from that false taste, he could but 168 RHETORIC AS AN ART OF PERSUASION. smile at his own youthful folly, and feel a certain degree of contempt for the idol of his uninstructed mind." The capacity of the speaker to persuade, also much depends on his reputation for good principles and morals, since it is an in- stinct of the good to be influenced more by the just than the unjust; and such is the natural charm of a good life, that even the worst of men will often admire and respect that vir- tue in others, which they, themselves, do not possess. Virgil (iEn. 1, 152), expresses himself, thus: " As when sedition fires the ignoble crowd, And the wild rabble storms and thirsts for blood ; Of stones and brands a mingled tempest flies, With all the sudden arms that rage supplies : If some grave sire appears amidst the strife In morals strict and innocence of life, . All stand attentive, while the sage controls Their wrath, and calms the tempest of their souls." Demosthenes in his oration on the crown, says: " Experience hath convinced me that what is called the power of eloquence depends for the most part on the hearers, and that the characters of public speakers are determined by that degree of favor and attention which you vouchsafe to each." GENERAL REFLECTIONS. 169 And ill another part of the same speech: "But it Is not language, * * it is not the tone of voice which reflects honor on a public speaker ; but such a conformity with his fellow citizens in sentiment and interest, that both his enemies and friends are the same with those of his country." But however ardent may be the desire of the student for oratorical success, however fluent he may be in speech, quick in wit, brilliant in imagination, and strong in thought by natural endowment, yet he will never reach the highest round in the ladder of fame, without industry, good morals, and constant, persistent, application. I know a man on whom nature showered the most munificent gifts of oratory; I mean natural capacity for speech-making. Nature gave him a bright imagination, quick and cutting wit, and a large amount of emotional and reasoning power. And his father impressed with the future promise of his son, gave him the advantage of a classical education. He selected the law for his profession, and was just starting on a successful career as a law- yer and advocate, when lured by the excite- ment of politics he stepped aside to engage in public discussions of a partisan character. 170 RHETORIC AS AN ART OF PERSUASION. His speeches were greatly applauded, and he was soon known and hailed as the " boy or- ator/' He gained a state reputation as a political speaker, and his services in that line, while yet the beard was ungrown on his chin, procured his appointment to a judi- cial office in the state of his nativity, and which he held for eight years with honor to himself and credit to the public. But in the meantime there came a change in politics, and preferring principle to suc- cess, he united with the weaker side and lost his official position. He then went back to the law, and occasionally he would de- liver admirable speeches; enough to show what nature had done for him. But he had while in office lost his application for study, and disinclined to undergo the fatigues of the profession, after a few years effort, with- drew entirely from the bar; withdrew from a forum where, if he had confined himself and given proper application to it, he would probably have arisen to the pinnacle of legal and oratorical fame. If he attained such high position as a speaker without applica- tion, what renown would he have reached with it? Let young lawyers profit by his example, GENERAL REFLECTIONS. 171 and know that law is a jealous mistress, and accepts of no divided homage. The cotemporaries of Demosthenes who envied his fame and superiority, used to urge against him that his speeches smelt of the midnight lamp. True they did. But his fame and speeches remain a monument of honor and glory to his memory, while the names of his rivals are lost mostly to his- tory, except so far as they shine by reflection from him, or as he has casually named them in his orations. No common genius however great his in- dustry and application, can hope to attain to the high oratorical capacity of the great Athenian. But when we reflect upon the severe studies which Demosthenes under- went even at the tender age of eighteen years; shutting himself up three months in a cave, to be undisturbed in his practice of speaking and declamation; may we not fairly claim that while nature did much for him, yet study and art gave the finishing touch to his greatness as an orator. Cicero would usually when time allowed, write out and commit his speeches to mem- ory before he delivered them, even in law cases, which not one modern lawyer in a 172 RHETORIC AS AN ART OP PERSUASION. thousand thinks of doing or ever does; and he would not engage in a law trial until after he had carefully examined the wit- nesses of his client, and sought every honor- able opportunity to learn in advance the ev- idence of the opposite party, that his client should suffer no detriment by his negligence; a thing in which many lawyers of modern times are too often derelict. Quintillian in his treatise on the educa- tion of an orator, says: "We must frequently watch whole nights; we must imbibe the smoke of the lamp by which we study, and remain long during the day-time in garments moistened with perspiration." Alexander Hamilton said: "Men give me some credit for genius. All the genius I have lies just in this : when I have a subject I study it profoundly. Day and night it is before me. I explore it in all its bearings. My mind becomes pervaded with it, and the effort I make is the fruit of labor and thought." Daniel Webster whe"n a member of the United States Senate replied to a gentleman who pressed him to speak on a subject of great importance, as follows: "The subject, sir, interests me deeply, but I have no time. There" (pointing to his table) " is a pile of letters to which GENERAL REFLECTIONS. 173 I must reply before the close of the session, and T have no time to master the subject so as to do it justice." " But " (said the gentleman) "a few words from you, Mr. Webster would do much to awaken attention to it." Mr. Webster replied ; " If there be so much weight in my words as you represent, it is because I do not allow myself to speak on any subject until my mind is imbued with it." Pindar (the Theban bard), in one of his odes, says; " What bliss so 'er to man is known, Laborious efforts gain alone." Ovid of Latium fame, thus: " Thistles and weeds are all we can expect From the best soil impoverish'd by neglect ; ******* What is it tunes the most melodius lays ? 'Tis emulation and the thirst of praise." Socrates in one of his discourses related by Xenophon; thus: " He who is perfectly master of his Subject will always be heard with the greatest applause. The Athenian youth bear away the prize in every contention from those sent by any other republic. Even a chorus of music going from hence to Delos exceeds beyond all comparison what- ever appears from any other place. Yet the Athenians have not naturally voices more sweet, or bodies more strong, than those of other nations; but they are more ambitious of glory which always impels to generous deeds and noble undertakings." 174 RHETORIC AS AN ART OF PERSUASION. St. Gregory Nazianzen, said: " Nothing that is great is exempt from trial and anxi- ety ; because it is nature that what is small and common can easily be obtained ; but that which is lofty and sub- lime is only obtained at the price of much labor and diffi- culty." Plutarch relates of Demosthenes, that in his youth he had a weakness and stammer- ing in his voice and a want of breath, which caused such a distraction in his discourse, that it was difficult for the audience to un- derstand him; and that he cured the defect of stammering by practicing to speak with pebbles in his mouth, and that he strength- ened his voice by running or walking up hill, and pronouncing some passage in an ora- tion or poem, during the difficulty of breath which that caused. Plutarch further relates of Demosthenes, that he kept a looking-glass in his house be- fore which he used to declaim and adjust all his motions, and that he could hardly ever be induced to speak in public on any subject, without first preparing his speech and com- mitting it to memory. Alas, how many speakers are there of the present day, who presume to speak in pub- GENERAL REFLECTIONS. 175 lie without duo preparation! and how many- are there who after preparation have the foolish vanity to desire that their hearers should believe they speak without premedi- tation! to desire that the audience should impute their utterances rather to genius ex- clusively, than to both genius and study! 176 RHETOEIC AS AN ART OF PERSUASION. CHAPTER y CONCLUDING REMARKS. To excel in any art or profession requires not only a thorough knowledge of its ele- ments and principles, but also exercise and experience in its application. Knowledge isolated may bo a source of pleasure to its possessor, but unless united with practical results, it will be valueless to the world at large. The great man in any art or profes- sion, is he who both knows and executes. A knowledge, however thorough, of the art of medicine, does not presuppose practical ca- pacity. A knowledge, however perfect, of the theory and art of war, does not necessarily give the capacity to direct armed squadrons on the field of battle. The most accurate learning concerning agriculture, will not make a farmer without practice and experi- ence. The deepest study of natural elements will not enable its possessor to reduce com- pounds to simples, or to show the wonders CONCLUDING REMARKS. 177 of chemistry without long experience at the laboratory. And so of oratory; the most perfect knowledge of words; the most inti- mate acquaintance with the rules of gram- mar, dialectics, attitude, gesticulation; learning however diversified and extended, will not make an orator unless practice is united with rules and theory. Before the invention of the art of print- ing, the chief mode of instruction, and giv- ing information to the people was by public speaking. There were books, but they were in writing, and so costly that but few could buy them; and fewer knew how to read them when bought. The orator was then one of the leaders of society, and often in competition for public favors and honors carried the palm of suc- cess against the victor of many battle-fields. It is not strange then that the orators of antiquity underwent such severe studies to obtain proficiency in their art, when sue gave them such influence, and encircled their brows with so many public honors. The printing press and the consequent gen- eral diffusion of knowledge, have shorn ora- tory of some of its ancient prerogatives and glory. But whoever will notice the eager- 12 178 EHETORIC AS AN ART OF PERSUASION. ness with which the public crowd to hear a speaker who has attained fame in his call- ing, whether in the pupit, at the bar, in the lecture hall, or in a public assembly of any- kind, must realize the fact, that oratory still exists as one of the most exciting and pow- erful influences of social life. Knowledge teaches how, but practice makes perfect; and the student of oratory must understand that if he would obtain eminence in his profession, he must not only make himself acquainted with the precepts and rules of public speaking as taught by the best instructors, on the subject, but he must also unite practice with study, and should often practice in private before he speaks in public. After Cicero had attained the position in his twenty-sixth year of age, of being con- sidered the equal in oratory of Hortensius who had stood for many years at the head of the Roman bar as an advocate, he felt that he was still the subject of improvement in speaking, and conceived the grand idea of withdrawing from business for a period, and going to Rhodes to become a pupil in the school of oratory established there two hun- dred years before, by ^Eschines, the famous i CONCLUDING REMARKS. 179 rival of Demosthenes on the contest con- cerning the "crown." He remained in that school engaged in close study and practice of speaking for two years, declaim- ing before his teachers two hours every day; and when he returned to Home and again entered the forum, he stood the acknowl- edged master of oratory in the Roman world. Great indeed were the natural mental en- dowments of Cicero; but it was not nature alone, but nature polished and refined by education, that enabled his fame as an ora- tor to survive the marble monuments of im- perial Rome, and to outlive the language which he adorned by his eloquence. I do not believe that the human race has degenerated in its gifts of oratory. And on the contrary it is my belief based on many years of advantageous observation, that the American mind is full of oratorical talent, which needs but the spur of ambition, guided by proper study and instruction, to enable it to rival the most famous days of Greece and Rome in oratory. Henry of Virginia, whom Byron styled, "The forest born Demosthenes, Whose thunder shook the Philip of the St 180 RHETORIC AS AN ART OF PERSUASION. and Clay of Kentucky, have obtained a world wide reputation as impassioned speakers; and in depth and strength of argument who has excelled Webster of Massachusetts?! Yet neither studied oratory as an art; and the result is, that their speeches seldom show such graces of expression, and refine- ment of language, as distinguish the orators of antiquity; and as regards attitude, ges- ticulation, and delivery, while Clay with a natural genius peculiar to himself, was easy and graceful, Webster was stiff and formal, and Henry was awkward. If the speeches of" Red Jacket and other Indian chiefs, which are reported in the "American Speaker," a work published at Philadelphia in 1814, were in fact delivered by them, it would seem that oratory is in- digenous to American soil. For what is there in history which excels them in impassioned eloquence? And strange as it may appear, the speeches of Red Jacket (untutored sav- age as he was) are each noted for contain- ing in neat and expressive words, the formal parts of an oration; to-wit: exordium, state- ment of the case, argument, and peroration. The human mind is a mystery which in its several phases and powers, none but God, CONCLUDING REMARKS. 181 its author, can fully comprehend; and the human body with its several senses of hear- ing, seeing, smelling, tasting, and feeling; with its multiplicity of bones, muscles, ten- dons, ligaments, nerves, and other organs, exceeds in curious and well-ordered work- manship, all thoughts and wisdom of man. It is through this instrument (the body) that the mind, spirit, or soul, call the thinking principle and power what we may, manifests itself, at least whilst we exist in earth life. And as a musician cannot bring forth sweet and harmonious tones from a broken or de- fective instrument, so neither can the mind manifestations, be developed to the best ad- vantage through a defective or diseased physical organism, especially if it relates to the brain or nerve system. Hence the stu- dent of oratory should nurse his physical system with the same regard he bestows upon his mental culture. He should exer- cise much in the open air and sunshine, re- tire in seasonable hours to bed, that by sweet and refreshing sleep, and plenty of it, the nerve system may be recuperated for the studies and labors of the ensuing day: be temperate in his diet and drink, and espe- cially as regards intoxicating drink, for els a 182 EHET0EIC AS AN AET OF PEESUASION. gifted one of old said, "Wine is a mocker, strong drink is raging, and whosoever is de- ceived thereby is not wise." Franklin, the wisest of Americans, advises as follows: " Be studious in your profession, and you will be learned. Be industrious and frugal, and you will be rich. Be sober and temperate, and you will be healthy." Said Seneca: " It is my custom every night so soon as the candle is out, to run over all the words and actions of the past day ; and I let nothing escape me ; for why should I fear the sight of my own errors, when I can admonish and forgive myself. What infirmity have I mastered to-day ? What passion opposed ? What temptation resisted ? What vir- tue acquired ? * * * I was a little hot in such a dispute ; my opinion might have been as well spared, for it gave offense and did no good at all. The thing was true, but all truths are not to be spoken at all times. I would I had held my tongue, for there is no contending either with fools or superiors. I have done ill, but I shall do so no more." CONCLUSION. Eloquence is usually denned to be, " The expression of strong emotion in appropriate language, with fluency, animation, and suit- able action"; and it is here deemed proper CONCLUDING REMARKS. 1S3 to conclude this essay with a panegyric upon eloquence, from that most eloquent of all orators, Marcus Tullus Cicero: "How charming is eloquence! How divine that mistress of the universe as you call it! It teaches us what we are ignorant of, and makes us capable of teaching what we have learned. By this we exhort others; by this we comfort the afflicted; by this we deliver the affrighted from their fears; by this we moderate excessive joy ; by this we assuage the passions of lust and anger. This it is which bound men by the chains of right and law; formed the bonds of civil society, and made us quit a wild and savage state" £8 \.fcMr':9 Deacidified using the Bookkeeper process. Neutralizing agent: Magnesium Oxide Treatment Date: Nov. 2007 PreservationTechnologies A WORLD LEADER IN COLLECTIONS PRESERVATION 111 Thomson Park Drive Cranberry Township. PA 16066 (724) 779-2111 LIBRARY OF CONGRESS III! [Ill; 021 958 271 7 w